Class _LJ,S_a23_ Book__fi2. Copyright N° COPYRIGHT DEPOSIT THE Guide for Ohio School CONTAINING ALL THE LAW OF OHIO APPLICABLE TO SCHOOL OFFICERS WITH FORMS AND SUGGESTIONS FOR THE GUIDANCE OF ALL SCHOOL OFFICIALS BY WILLIAM M. ROCKEL, w Former Judge of Probate Court, Clark County, ^Ohio, Author of Complete Guide for Township Officers, Ohio Probate Law and Practice, etc. CINCINNATI THE W. H. ANDERSON CO. LAW BOOK PUBLISHERS 1907 rrf U8BARY of CONGRESS Two Copies Received JUN 6 190f Copyright Et*y CLASS ((X XXc, No. COPY B. 4*#- COPYRIGHT BY THE W. H. ANDERSON CO. 1907. TABLE OF CONTENTS. ^ Chapter 1. Classification and Change of Districts. Chapter 2. City School Districts. Chapter 3. Village School Districts. Chapter 4. Township School Districts. Chapter 5. Special School Districts. Chapter 6. School Funds. Chapter 7. Provisions Appealing to all Boards. Chapter 8. School Houses and Libraries. Chapter 9. Schools and Attendance Enforced. Chapter 10. Enumeration, Treasurer, and Clerk. Chapter 11. Reports. Chapter 12. Boards of Examiners. Chapter 13. Teachers' Institutes. Chapter 14. State Normal Schools. Chapter 15. Colleges and Institutions of Learning. Chapter 16. Schools Specially Endowed. Chapter 17. Colleges and Universities. Chapter 18. State School Commissioner. Chapter 19. Appendix. PREFACE In tlie following pages, there have been collected all the school laws of our state which are in force at this time. To these have been added in appropriate places numerous pertinent decisions of this, and other states, as well as a large number of forms and considerable matter in the nature of suggestions and comments with the design and desire to make a compendium that will be useful to all who may be interested in securing such an enforce-- ment of these laws as will insure the full accomplishment of the benign and beneficent purpose, intended by their enactment. An appendix, containing a short history of our public school system, questions asked at various examinations, and much statistical matter of both State and National character, that may be of interest to the inquiring official, has been added. Wm. M. Rockel. Springpeld, 0., April 1, 1907. Guide for Ohio School Officers CHAPTER 1. CLASSIFICATION AND CHANGE OF DISTRICTS. Section. §1 (3885) Classification of school districts. §2 (3886) City school districts. (3887) Repealed. § 3 (3888) Village school dis- tricts. § 4 (3889) Change of classifica- tion in certain cases; terms of members of boards of education when classification is changed; village dis- tricts abolished by surrender of corpo- rate power of munic- ipality. § 5 (3890) Township school dis- tricts. Section. § 6 (3891) Special § 7 (3892) Territory school dis- must be contiguous. § 8 (3893) Annexation of terri- tory to cities and villages. § 9 (3894) Transfer of territory by agreement be- tween boards of ed- ucation. § 10 (3895) Transfer of territory by proceedings in probate court. §11 (3896) Division of funds and indebtedness when territory is trans- ferred or annexed. § 1. [Classification of school districts.] (§ 3885.) The state is hereby divided into school districts to be styled, respec- tively, city school districts; village school districts; township school districts; and special school districts. (97 v. 334.) Common schools, districts and boards of education are not corporations witliin the meaning of Sec. 1, Art. XIII, of the Constitution. Under Section 26, Art. II, and Section 2, Art. VI, of the Constitution, laws regulating the organization and management of common schools must have a uniform opera- tion throughout the state. (State v. Powers, 38 0. S., 54.) But schools may be classified as the legislature deems proper. (State V. Brewster, 39 0. S., 653.) Basis of System. — In a recent decision of our Supreme Court it is said : "The civil township is the basis of our school system. Land in each township was donated by the national government to the inhabitants of such township for the use of schools. For surveying the northwest territory Congress adopted a new system of surveying. This system may be briefly described as the rectangular system. The territory was surveyed into § 2 GUIDE FOR OHIO SCHOOL OFFICERS. 2 townships six miles square. Each township was divided into thirty-six sections one mile square, and, under the system of numbering, section sixteen was as nearly as any other in the center of the township. "By section 7 of the act of 1802, which authorized the peo- ple of the eastern division of the northwest territory to form a constitution and a state government. Congress proposed that section 16 in every township 'shall be granted to the inhabit- ants of such township for the use of schools.' The proposi- tion was accepted by a resolution passed November 29, 1802, by the constitutional convention, on condition that a like do- nation, amounting to about one thirty-sixth of the territory, be made in those parts of the state not surveyed, and this condition was complied with by an act of Congress in 1803. And in that year the legislature provided for the leasing of the same in order that the proceeds arising therefrom might be applied to the support of the schools. By an act passed in 1806 the commissioners, as soon as there were twenty electors in any original surveyed township, or part of fractional town- ship, upon application of the electors, were required to fix the time and place for the election of trustees, who were em- powered to lay off the township into proper divisions for the purpose of establishing schools therein. These districts were sub-districts. Subsequently joint sub-districts and city and vil- lage districts were provided for, and our system of common schools comprised township schools and city or village schools. The township was or might be divided into districts, and the city or village district might include territory outside of the corporate limits of the city or village. Whether or not this donation by the national government originated or made neces- sary a system in which the civil township is the basis, it is not to determine. The civil township and the original surveyed township are not always identical. The important thing is the fact that only territory forming part of the township school district was taken in creating other districts. "Special districts were established by vote of the people under legislative authority or by special legislation, and were governed by the provisions of the act under which they were created. But prior to the act of 1873 (70 0. L., 195) special school districts were not recognized as a part of the common school system. By that act they were included as a part of that system, but it was not until the revision of the statutes in 1880 that provision was made for the establishment of such schools." (Scott V. McCullough, 72 0. S., 539, 540.) §2. [City school districts.] (§3886.) Each incorporated city, now existing or hereafter created, together with the territory attached to it for school purposes, and excluding the 3 CLASSIFICATION AND CHANGE OF DISTRICTS. §§3,4 territory within its corporate limits detached for school pur- poses, shall constitute a city school district. (97 v. 335.) Sec. 3887. Repealed April 25, 1904. The repealed section applied to cities of the second class. See § 12 (§ 3897), as to boards of education. §3. [Village school districts.] (§3888.) Each incorporated village now existing or hereafter created, together with the territory attached to it for school purposes, and excluding the territory within its corporate limits detached for school pur- poses, and having in the district thus formed a total tax valu- ation of not less than one hundred thousand dollars shall con- stitute a village school district, provided that each incorporated village now existing or hereafter created, together with the territory attached to it for school purposes and excluding the territory within its corporate limits detached for school pur- poses, with a tax valuation of less than one hundred thousand dollars, shall not constitute a village school district; provided at any general election the proposition to dissolve or organize such village school district .be submitted by the board of edu- cation to the electors of such village and be so determined by a majority vote of such electors. (98 v. 217.) See §28 (§3908), as to village school districts. The board of education of a township established a central or high school and located it in a sub-district. The territory comprised in the sub-district after the establishment of the central high school, and before the act of May 1, 1873, was formed into an incorporated village ; held, that the property of the central or high school and the management of the school did not, by virtue of said last mentioned act, pass to the board of education of the village. (Board of Education v. Board of Education, 41 0. S., 680.) § 4. [Change of classification upon advancement or reduc- tion of municipality.] (§ 3889.) When a village is advanced to a city, the village school district shall thereby become a city school district; when a city is reduced to a village, the city school district shall thereby become a village school district. The members of the board of education in village school dis- tricts that are advanced to city school districts, and in city school districts that are reduced to village school districts, shall continue in office until succeeded by the members of the §§ 5, 6 GUIDE FOR OHIO SCHOOL OFFICERS. 4 board of education of the new district, who shall be elected at the next succeeding annual election for school board mem- bers. [School district in newly created municipality.] Upon the creation and incorporation of a village the same shall there- by become a village school district as provided by section 3888 (§ 3) of the Eevised Statutes of Ohio, and if such village was, previous to its creation and incorporation, included Avith- in the boundaries of a special school district, but said special district included more territory than is included within the village limits, said territory shall be, and thereby is, attached to said village school district for school purposes. [School district in village upon surrender of corporate pow- ers.] When a village surrenders its corporate powers or dis- solves a village school district, as provided by section 3888 (§3) of the Revised Statutes of Ohio, the village school district shall be thereby abolished and the territory formerly consti- tuting said village district shall become a part of the township school district or districts of the civil township or townships in which it is situated, and all school property shall pass to and become vested in the township -board of education of the civil township in which it is situated; the provisions of section 1536-4 of the Revised Statutes of Ohio in regard to the settle- ment of the affairs of a village that has surrendered its corpo- rate powers shall also apply to the village school district and the board of education of the same, and in case the village school district is situated in two or more townships any distri- bution of funds shall be made in proportion to the total tax valuation of the property situated in the several townships. (98 V. 217.) §5. [Township school districts.] (§3890.) Each civil town- ship together with the territory attached to it for school pur- poses, and excluding the territory within its established limits detached for school purposes, shall constitute a township school district. (97 V. 336.) See § 32 (§ 3915, et seq.) , as to township school district. §6. [Special school districts.] (§3891.) Any school district, now existing, other than a city, village or township school district, and any school district organized under the provisions 5 CLASSIFICATION AND CHANGE OF DISTRICTS. §§ 7-9 of chapter 5 of this title, shall constitute a special school dis- trict. (97 V. 336.) See §43 (§3928), as to special school districts. So far as this applies to special school districts that were created under laws which were not of a general nature, it is unconstitutional and void. (State v. Hickman, 27 C. C, 219 ; Bartlett v. State, 73 0. S., 55.) §7. [Territory must be contiguous.] (§3892.) The territory included within the boundaries of any city, village or special school district shall be contiguous. (97 v. 334.) Contiguous here means that the territory must be such as touches — in actual and close contact. A sub-district is not a school district within the meaning of the statute. § 8. [Annexation of territory to cities and villages.] (§ 3893.) Whenever territory is annex-ed to a city or village, such terri- tory^ thereby becomes a part of the city or village school district and the legal title to all school property in said territory shall be thereby vested in the board of education of such city or village school district. (97 v. 336.) When territory which is a part of a special school district is annexed to a village Avhich constituted another school dis- trict, such territory did not thereby become a part of the vil- lage school district — the directors of the special school district not having consented to such transfer under section 3893 (§8), or otherwise. (State ex rel. Board of Education v. Raine, Aud'r, 4 C. C, 72.) When territory is transferred from one district to another, the district to which the territory is attached is not entitled to a proportionate share of the school funds in the hands of the board of education or the county treasurer for the district from which it was detached, but is entitled to a share of the taxes levied but not collected. (Attorney-General.) § 9. [Transfer of territory by agreement between boards of education.] (§3894.) A part or the whole of any school district may be transferred to an adjoining school district by the mu- tual consent of the boards of education having control of such district; to secure such consent it shall be necessary for each of said boards to pass a resolution indicating the action taken and definitely describing the territory to be transferred, and the passage of said resolution shall require a majority vote of § 9 GUIDE FOR OHIO SCHOOL OFFICERS. 6 the full membership of each board, to be taken by a yea and nay vote and the vote of each member to be entered on the records of such boards ; but such transfer shall not take effect until a map showing the boundaries of the territory transferred is placed upon the records of such boards, and copies of the resolution certified to the president and clerk of each board, together with a copy of said map, is filed with the auditor or auditors of the county or counties in which such transferred territory is situated. (97 v. 336.) Comments. Resolution Accepting. Resolution Releasing. Comments. — This section provides how territory may be transferred when all parties are willing; the next, when it is presumed all are not willing. It will be observed that several things are to be done before the change becomes effective. 1. Each board of education of the districts concerned must pass resolutions. 2. These resolutions must show the action taken and defi- nitely describe the territory, which must be contiguous. (See § 3892, § 6.) 3. It will take a majority of the full membership of each board. This means that it will require an affirmative vote of a majority vote of the vote when there is a full board. If there is a vacancy unfilled, this will in effect be counted against the resolution. 4. There must be a called aye and nay vote, and each mem- ber's vote recorded. 5. There must be a map showing the territory transferred. 6. Copies of each board must be filed with the clerk of the other board. 7. The territory must adjoin the district to which it is transferred. 8. Certified copies of the resolutions must be filed with the auditor of the county in which the transferred territory is located. 9. The maps must be recorded in the records of each board. Of necessit}^ there must be resolutions passed by each board not exactly alike ; one will be in the nature of making an overture and the other an acceptance. Form of Resolutions Releasing, etc. Resolved by the board of education of school district, etc., that there be transferred to the school district the following described territory: 7 TRANSFER OF TERRITORY. § 10 Resolved, that a map of such territory be made by and the same be made a part of the records of this proceeding. Resolved, that a certified copy of these resolutions be given to , president, and , clerk of the board of education of school district. Resolved, that $ , the costs herein, be paid by the board of education of . . district. Resolved, that upon receipt of this board of a certified copy of resolutions of said board of education of district and the pay- ment by said board of education of district of $ , costs herein to this board, and the map of the territory transferred be re- corded, the same shall become effective and operate from that date. Resolved, that a copy of these resolutions, together with a copy of said map of the territory transferred, be filed with ....... the auditor of the county in which the territory affected is located. Form of Resolutions of Board Accepting, etc. Resolved by the board of education of district that the following described territory , as shown on the accompanying map, has been, by resolution duly passed, transferred by the board of education of district to this board. Resolved, that the same be accepted and that a certified copy of these resolutions be given to , president, and , clerk of the board of education of district, and that said map be copied in the proceedings of this board. Resolved, that an order for $ , the costs herein expended by the board of education in making said map, etc., be drawn, payable to said board of education of district. Resolved, that a copy of these resolutions be filed with , auditor of county in which said transferred territory is lo- cated. The transfer of territory ought not to be made while the schools are in session. The proceedings are somewhat similar to the transfer under the old law of territory from one sub- district to another. A resolution also should be passed by each board as to the division of funds and indebtedness. (See Sec. 3896 (§ 11.) § 10. [Transfer of territory by proceedings in probate court.] (§ 3895.) Territory can also be transferred from one school district to another in the following manner: A petition signed by not less than one-half of the qualified male citizens who are electors residing in the territory sought to be trans- ferred and accompanied by a correct map of said territory, shall be filed with the clerks of the boards of education inter- ested and if such boards of education fail to refuse to trans- fer such territory by mutual consent, as provided for in sec- tion thirty-eight hundred and ninety-four of the Revised Stat- utes of Ohio, within sixty days after the filing of said petition § 10 GUIDE FOR OHIO SCHOOL OFFICERS. 8 and map, the petitioner shall file a copy of said petition and map in the probate court of the county in which such terri- tory is situated, or if the territory be in two or more counties, in the probate court of the county containing the largest pro- porionate share of the territory to be transferred; the peti- tions [petitioners] shall be required to give satisfactory se- curity for the costs in the sum of one hundred dollars, con- ditioned that the sureties shall pay all the costs in case the transfer is not granted; the probate judge shall thereupon fix a day for the hearing of said petition and shall cause to be published for four consecutive weeks, in two newspapers of opposite politics, printed and of general circulation in the county, a notice of the filing of such petition and of the time of the hearing, and he shall also notify the clerks of the boards of education interested of the filing of the petition and the time of hearing; the probate judge is authorized and em- powered to hear and determine the case and give judgment for or against such transfer and his judgment shall be final. In case the finding is against the transfer, judgment shall be rendered against the petitioners for the costs of the proceed- ings, and if the finding is for the transfer, judgment shall be rendered against each of the boards of education interested for one-half of the costs, or if more than two boards are inter- ested judgment shall be rendered against each for its equal proportionate share of the costs. A certified copy of the find- ings of the court, together with a copy of the map of the terri- tory transferred, shall be filed in the office of the county auditor by the probate judge. (97 v. 337.) Comments. Petition to Board of Education. Proceedings in Probate Court. Petition to Probate Court. Comments. — The former section contemplated that the boards of education of the districts interested should take up the matter of transfer. This gives the right to the citizens to commence proceedings to have the transfer made, and the fol- lowing should be observed : 1. It must be by petition, which must be signed by not less than one-half of the qualified male citizens who are electors of the territory sought to be transferred. As women are now voters upon school questions, it is not clear why they were not included, hut they are not. This matter is determined by 9 TRANSFER OF TERRITORY. § 10 an actual canvass of the territory proposed to be transferred at the time the petition is filed. 2. The petition must be accompanied by a correct map of the territory to be transferred. 3. It must be filed with the clerks of the board of educa- tion of the districts to be affected. This would involve that there be at least two copies of the petition and map made. When this is done, action by the boards should be requested. If the boards act favorably then the resolutions and forms given under the former section could with slight change be used. If they fail or refuse to act then the matter is taken to probate court. Proceedings in Probate Court. — In the proceedings in probate court, the following points .should be observed : 1. The petition must be shown to be properly signed. 2. It must be shown that it was filed with the various boards and that they refused to accept the same or failed to act thereon for sixty days after the same was filed with them. If the boards act, refusing the same, there is no need of wait- ing sixty days. 3. A copy of the petition and map is to be filed. The original is left with the various boards. If the court grants the petition they have a map of the territory, etc. 4. It must be filed with the probate judge of the county in which the territory is located, or, where the same is in two counties, where the greater portion is. 5. The petitioners must give bond. 6. A time must be fixed for hearing. 7. Notice must be published in two papers of opposite politics for four weeks. 8. The clerks of the various boards must be notified. 9. A certified copy of the finding of the court must be given to the auditor. The court hears and determines the matter like any other proceedings in court and has power to subpoena witnesses, etc., and the following forms may be of assistance. Petition to Boards of Education. To the Boards of Education of District and District, County. Ohio . Sirs: — The undersigned, not less than one-half of the qualified male citizens who are electors of the following described territory, , as shown in the accompanying map and who are now within school district, county, of Ohio, request and petition that said territory be transferred from school district to school district, as provided by section 3895 of the Revised Statutes of Ohio. § 11 GUIDE FOR OHIO SCHOOL OFFICERS. 10 Petition to Probate Court. To the ProMte Court of County, Ohio: Sir: — A petition and accompanying map, of which a true copy is hereto attached, was on the day of 190. ., filed with the clerli ot the board of education of district, county, Ohio, and on the day of 190.., a like petition and map was filed with the clerk of the board of education of district, county, Ohio, the boards of education interested therein, and said boards of education having refused to transfer the territory as therein prayed for within 60 days from the time the same was filed with the clerks of their respective boards. A copy of said petition with map accompanying is now and here filed in this court, and you are asked to proceed therein as required by section 3895, of the Revised Statutes. A Petitioner. § 11. [Division of funds and indebtedness when territory- is transferred or annexed.] (§3896.) When territory is trans- ferred from one school district to another under the provisions of section 3894 (§9) of the Revised Statutes of Ohio, the equitable division of funds or indebtedness shall be determined upon at the time of the transfer. "When territory is trans- ferred from one school district to another by proceedings in the probate court, or by the annexation of territory to a city or village, the proper division of funds in the treasury, or in the process of collection, of the board of education of the school district from which the territory is detached, shall, upon application to the probate court of the county in which such territory is situated by either board of education inter- ested, be determined and ordered by said court; in ease said board of education is indebted, such indebtedness together with the proper amount of money to be paid to said board of education b.y the board of education of the school district to which territory is transferred, annexed, or the district created, shall be, in a like manner, determined and ordered by said court. If the territory is situated in two or more coun- ties the application and proceedings shall be had in the pro- bate court of the county containing the largest proportionate share of said transferred territory. The findings of the pro- bate court shall be final. (97 v. 324.) When territory which is a part of a special school district is annexed to a village which constituted another school district, such territory did not thereby become a part of the village school district — the directors of the special school district not having consented to such transfer under section 3893 (§8), 11 DIVISION OF FUNDS. § 11 or otherwise. (State ex rel. Board of Education v. Fred Raine, Aud'r, 4 C. C, 72.) When territory is transferred from one district to another, the district to which the territory is attached is not entitled to a proportionate share of the school funds in the hands of the board of education or the county treasurer for the district from which it was detached, but is entitled to a share of the taxes levied but not collected. (Attorney-General.) The territory included within a school district must be con- tiguous. 12 GUIDE FOR OHIO SCHOOL OFFICERS. 12 CHAPTER 2. CITY SCHOOL DISTRICTS. Section. § 12' (3897) §13 (3897a) § 14 (38976) § 15 (3897c) §16 (3897d) §17 (3897e) Boards of education in city districts; number of mem- bers; existing boards to fix num- ber of members and divide city into sub-districts; re- districting; when board fails to di- vide into districts; first election, how conducted; elec- tions held thereaf- ter; change in membership of board. Organization; meet- ings; president; clerk; nomination by petition. Trustees of school teachers' pension fund; number, elec- tion and term. How fund created. Retirement and pen- sion of teachers ; meaning of term "teacher"; amount of pension; who not entitled to pen- sion; how, when fund insufficient to pay pensions. Use of principal and income. Section. §18 (3897f) §19 (3897(/) § 20 (389771) § 21 (3897i) §22 (3897i) § 23 (3897fc) §24 (38970 § 25 (3898) (3899) §26 (3900) §27 (3901) (3902) (3903) Monthly certifica- tions of deductions from salaries. Who custodian of fund; duties. Rebate in case of resignation or re- moval; heirs; lega- tees or assigns of deceased teacher entitled to half amount paid. Rules and regula- tions. Transfer of fund now existing to trustees herein cre- ated. Deductions, fines, penalties and as- sessments, disposi- tion of. Board of education may contribute to pension fund. Attached territory, assignment of and voting in. Repealed. Redistricting of city districts. Schools for deaf chil- dren. Repealed. Repealed. §12. [Boards of education in city districts; number of members.] (§ 3897.) In city school districts the board of education shall consist of not less than two members nor more than seven members elected at large, by the qualified electors of the school district, and of not less than two members nor more than thirty members elected from sub-districts by the 13 CITY SCHOOL DISTRICTS. § 12 qualified electors of their respective sub-districts; provided that in city school districts which at the last preceding federal census contained a population of not less than fifty thousand persons, the board of education shall consist of not less than three members nor more than seven members elected at large, by the qualified electors of such city school districts. [Existing boards to fix number of members and divide city into sub-districts.] Not later than the first day of July next, after the passage of this act, the present city school board, board of education, school council or other city school legislative body, shall pass a resolution fixing, within the limits pre- scribed by this act, the number of members of said board of education to be elected at large, and in city school districts where there are members of the board of education to be elected from sub-districts, they shall also, at the same time, fix the number of members of the board of education to be elected by such city sub-districts. The said city school board, board of education, school council or other city school legislative body, in city school districts where there are members of the board of education to be elected from sub-districts, shall, at the same time, to wit : Before the first day of July next, after the passage of this act, subdivide said city school district into sub-districts equal in number to the number of members of the board of education in said city school district who are to be elected from sub-districts therein established. Said sub-dis- tricts shall be bounded as far as practicable by corporation lines, streets, alleys, avenues, public grounds, canals, water courses, ward boundaries, voting precinct boundaries or pres- ent school district boundaries, and shall be as nearly equal in population as possible, and shall be composed of adjacent and as compact territory as possible. The lines of sub-districts so fixed shall not be changed until after each succeeding fed- eral census. [Redistricting.] Within three months after the official an- nouncement of the result of each succeeding federal census the board of education of each city school district shall redis- trict the said city school district into sub-districts in accord- ance with the provisions of this act. [When board fails to divide into districts.] If the city school board of education, school council, or other city school § 12 GUIDE FOR OHIO SCHOOL OFFICERS. 14 legislative body shall fail to district or redistrict said city school district as herein required, at the time or times herein specified, then and in that event, upon the application of the president of the board of education the state commissioner of common schools shall, subject to the requirements of this act, forthwith district, or redistrict said city school districts. - [First election; how conducted.] Provided also, that school sub-districts shall be numbered from one up, consecutively, and that at the first election for members of the board of edu- cation held after the passage of this act, the members to be elected to the board of education from sub-districts of odd numbers beginning with one, shall be elected for two years, and those elected from sub-districts of even numbers shall be elected for four years, and at the expiration of their respective terms their successors shall be elected for a term of four years ; and provided further, that at the said first election the mem- bers of the board of education at large in all city school dis- tricts shall be elected for terms as follows : If there be but two members of the board of education elect- ed at large, one shall be elected for two years and one for four years, and if there be more than two, and the isumber thereof divisible by two, the one-half of such board shall be elected for two years and one-half for four years, but if the whole number of members elected at large be not divisible by two, then the number to be elected for two years shall be the quo- tient obtained by dividing the whole number to be elected at large, less one, by two, and the remaining members shall be elected for four ^^^ears. [Elections held thereafter; change in membership of board.] At the expiration of their respective terms their successors shall be elected for four years. Members elected at large must be electors of the city school district, and members elected from sub-districts must be electors of the city sub-districts from which they are chosen, or of the territory attached to the sub-district for school purposes; a removal from said sub-dis- tricts, territory or city school district shall vacate said office. The number of members of the board of education shall not be changed, except at the time of the redistricting herein pro- vided for, within three months after the official annuounce- ment of the result of the federal census. All members of boards 15 CITY SCHOOL DISTRICTS — ORGANIZATION OF BOARD. § 13 of education of city school districts, herein provided for shall be elected at the same time and in the same manner as munici- pal officers are elected. (97 v. 338.) See §2 (§3886), as to what territory constitutes city districts. Number of IMembers. — This section contains a number of provisions that might be made the subjects of separate sections. It will be observed that all cities under 50,000 population have a board elected at large of not less than three members and not more than seven. In cities over 50,000 there shall be not less than two nor more than seven, elected at large and one from each sub-district. The number and boundaries of these sub-districts are to be fixed by the school board after 'each federal census. This provision as to the cities having a differ- ent population, is upon this matter merely a classification and is, no doubt, constitutional. "When Election Held. — The election is held at the same time municipal officers are elected. Members at large must, be residents of the city school district, and those elected from sub-districts must reside in the sub-district. And the board shall be so divided that one-half shall be elected every two years. See § 88 (§ 3970-12), as to how vacancy filled. Women are eligible to become members and to vote, see § 78 (§ 3970-12). As to election generally, see § 76 (§ 3970-10). Members elected hold until their successors are duly elected and qualified, but no board can increase its own numbers. (State V. Ryland, 3 C. D., 633 ; 7 C. C, 1; 29 Bull., 396.) §13. [Organization; meetings; president; clerk; nomina- tion by petition.] (§ 3897a.) Boards of education in city school districts shall organize on the first Monday in January after the election held for members of the board of education 'by the election of one of their members as president and the election of a clerk, who may or may not be a member of the board, the president to be elected for one year and the clerk to be elected for a term not to exceed two years; they shall fix the time of holding regular meetings. Upon the organi- zation of the first boards of education elected under this act, the previously existing boards of education are thereby abol- ished and said newly elected boards shall be their successors in all respects. § 13 GUIDE FOR OHIO SCHOOL OFFICERS. 16 [Nomination by petition.] Not less than fifteen days before the election of members of boards of education, nominations of candidates therefor may be made by nomination papers, signed in the aggregate for each candidate by not less than twenty- five qualified electors of either sex of the school district, except that in city school districts such nomination papers shall be signed by petitioners not less in number than one for every one hundred persons who voted at the next preceding general election in such city ; and whenever each of such candidates shall be so nominated and his or their names shall be presented to the county board of deputy state supervisors of elections of the county in which such district is situated not less than fifteen days prior to the ensuing election, the said board of deputy state supervisors of elections shall publish on two differ- ent days prior to such election the names of such candidates in two newspapers of opposite politics in the school district, if there be such printed and published therein, or, if no news- paper is printed therein, by posting such list of names in at least five public places in the school district. (97 v. 344.) As to bond of clerk, see §4050, Revised Statutes (§270). Organization. Nomination by Petition. Order of Business. Form of. Committees. Organization. — This shall be done the first Monday in Janu- ary after their election; the president elected for one year and the clerk not exceeding two years. They shall also at this meeting fix the time of holding their regular meetings. This is done after the organization. No business is to be done until after the organization of the board. Only such can par- ticipate in this organization as have certificates or credentials of election. At what time in the day" they should meet, the statute is silent; probably any reasonable time that a majority agree upon and get together. It would be better if the statute fixed a time of day for this first meeting. A majority of those elected will be a quorum to do business. But to elect an ofiicer requires an aye and nay vote, and a majority of all the members of the board. See § 89 (§ 3982.). Probably the only thing that should be done at this first meeting is to organize. Vacancies could not be filled, for there would be no official knowledge that the person elected did not intend to qualify until ten days after the board is organized. See § 88 (§ 3981). 17 CITY SCHOOL DISTRICTS ORGANIZATION OF BOARD. § 13 Each member must be duly sworn before he enters upon the discharge of his duties; that is, before he participates in the organization. See § 87 (_§ 3979). A record of the proceedings must be kept. See § 92 (§ 3985). And it is generally provided that no meeting is valid unless the time is fixed by its rules or by laws, § 92 (§ 3985). It would be well if some one of the members elect would see all elect and fix upon a time of the day on the first Monday in January when the meeting for organization would be held. The president elected, and clerk selected, and a time for meeting fixed, the board should adjourn. At the next meeting the president should present a list of his committees. If there is no quorum present at the appointed time they could adjourn from day to day, until a quorum was present. The president and treasurer cannot be the same person. If the treasurer is made president he will be ousted as treasurer (The State ex rel. J. B. Moore v. W. J. Heddleston, 5 Bull., 502) ; neither could the clerk and the treasurer be the same person. Order op Business. — To facilitate and simplify the work of the boards of education at their meetings, the following or a similar order of business is suggested : 1. Election of president. 2. Reading of minutes of previous meeting and correction and approval of same. 3. Presentation of petitions and memorials. 4. Reports of standing committees. 5. Reports of select committees. 6. Unfinished business. 7. New business. 8. Election of teachers and emplo^^ees. 9. Presentation of accounts and action thereon, 10. Appointment of standing committees. Committees. — In order that the work of the board may be systematized, it is suggested that the following standing com- mittees, composed of not more than three members each, be appointed : 1. Committee on school-house sites, buildings and furniture. 2. Committee on text-books and course of study. 3. Committee on rules and regulations for government of teachers and pupils. 4. Committee on fuel and school-house supplies. 5. Committee on finance. 6. Committee on teachers. The titles of these various committees indicate the character of the work to be performed by each of them, but since the selection of teachers is one of the most important duties to be § 13 GUIDE FOR OHIO SCHOOL OFFICERS. 18 performed by any board of education, it is suggested that some plan similar to the following may be adopted : All teachers desiring positions in the schools of a township should apply, in person, if possible, to one or more members of the committee on teachers appointed by the president of the board, and leave with this committee a certificate, or copy of one, covering the time for which application is made ; if an experienced teacher, recommendations from persons living in the district where the applicant last taught should also be presented ; if an inexperienced teacher, statements from com- petent persons regarding the applicant's general fitness for the work should be filed. If the application is for a position in the city school the application should be filed with the super- intendent, as he recommends teachers to the board. The com- mittee on teachers should also inform themselves as fully as possible to the needs of the different districts, and the wishes of the patrons in each. The committee should report to the board of education the result of their investigations, and make such recommendations as their judgment may direct. The president has a right to vote on all questions coming before the board. If by such vote a tie is produced, the motion is lost. Nomination by Petition. — As a usual thing, the candidates will be nominated by party caucuses or party conventions. But to allow school matters to remain outside of politics and permit the ladies to exercise a choice in candidates, special provision is made for nomination by petition. This petition must be filed with the board of elections at least 15 days before the election. It must be signed by, in the aggregate, not less than 25 quali- fied voters, male or female, for each candidate. That is, if there are two candidates it must be signed by 50 qualified •voters, etc. Of course these signers must reside in the school district, otherwise they would not be qualified voters. This applies to the ordinary school district outside of a city. In a city one person out of every hundred persons voting at the previous election in said city must sign the petition. There being no exception made, this would apply to both the members elected at large and those in the sub-districts. While nothing in this act states anything about a committee to fill a vacancy, yet it would be well to follow the general law in this respect. See § 76 (§ 3970-10), which requires the names of all candidates to be on one ticket, etc. The form of the petition may be as follows: 19 NOMINATION BY PETITION. 13 State of Ohio. Nomination by Petition. The undersigned, qualified electors of (name of county, township or other civil division), Ohio, in accordance with the pro- visions of law, make the following nominations, viz.: Name of Candidate. Office for which Nominated. Residence, (with street and number, if any.) Party or political principles. (Not more than three words.) We certify that we have not subscribed to any other nomination of candidates for any of the above offices. The following are the names and address of a committee which we hereby appoint to represent said party, who have power to fill vacancies: Name. Residence. Name. Residence. Signature. (To be made in person.) Residence. (Street and number, if any.) i 1 State of Ohio, County, , 190.. Personally appeared , one of the signers to the above nomi- nation paper, and made oath that the statements therein contained are true to the best of his knowledge and belief, and that his post-office address is Before me, (Signature of Officer.) (Title of Officer.) § 14 GUIDE FOE OHIO SCHOOL OFFICERS. 20 §14. [Trustees of school-teachers' pension fund; number, election and term.] (§ 38976.) Whenever the board of educa- tion of any school district shall declare by resolution, adopted by a majority vote of the members of said board, that it is advisable to create a school-teachers' pension fund for such school district, said school-teachers' pension fund shall be under the charge, management and control of a board to be known as the board of trustees of the school-teachers' [pen- sion fund for such school] district, which board shall be com- posed of not less than three, nor more than seven, members, as said board of education shall by resolution declare ; if com- posed of less than five members, one of the members of said board of trustees of the school-teachers' pension fund of such school district shall be elected by the board of education of such school district, and the remaining members by the teach- ers of the public schools, including the teachers of any high schools, of such district, who have accepted the provisions of this act, as hereinafter provided; if such board is to be com- posed of five or more members, two of the members of said board of trustees of said school district shall be elected by the board of education of such school district, and the remain- ing members by the teachers of the public schools, including the teachers of any high schools of such school district, who have accepted the provisions of this act, as herein provided; such election of the members of said board by the teachers to be at a meeting called by the superintendent of schools of such school district, the first election to be at a meeting to be called by such superintendent when one-third of the teach- ers of the public schools of such school district shall have ac- cepted the provisions this act; the members of said board of trustees of the school-teachers' pension fund shall be elected for such length of time as the board of education of such school district shall by resolution declare, to serve not less than one, nor more than three, years, and shall serve until their successors are elected and qualified, such service to be without compenation. (92 v. 149; 94 v. 306; 95 v. 610.) Pension Fund. Form of Resolution. Pension Fund. — Before there can be any fund of that kind the board of education of the district must pass a resolution 21 PENSION FUND — HOW CREATED. § 15 that it is advisable to create a school-teachers' pension fund for said district. This can only be passed by a majority of all the members of the said board. And it would be advisable to have an aye and nay vote entered upon the minutes upon a call vote. The pension board shall be not less than three and not more than seven members, as fixed by the board, and they shall serve for such length of time as the board shall determine. The following might serve as a form of resolution and minutes, etc. : Form of Resolution. Resolved, that the board of education of school district of county, Ohio, deems it advisable to create a school-teachers' pension fund for said school district. That the board of ti'ustees of the said school-teachers' pension fund shall consist of three members, one to serve one year, and one to serve two years and one to serve three years from date of first election; thereafter there shall be one elected each year and serve for thi'ee years, and until his successor is elected and qualified. Upon call of aye and nay vote, the members voted as follovi^s: Henry Carter, nay. Chester Jones, aye. Peter Wilson, aye. Mrs. E. P. Lewis, aye. Ella Smith, nay. The resolution having received a majority vote of all the members of said board, is declared by the president as carried. §15. How fund created. (§3897c.) "Whenever the board of education of any school district shall have declared the ad- visability of creating a school-teachers' pension fund, as herein provided, the clerk of said board of education shall notify each and every teacher in the public schools and high schools, if any, of said school district, by notice in writing of the pas- sage of such resolution, and require said teachers to notify said board of education in writing within thirty days from the date of said notice whether they consent or decline to accept the provisions of this act; and from and after the election of the board of trustees herein provided for, the sum of two dol- lars ($2) shall be deducted by the proper officers from the monthly salary of each teacher who may have accepted the provisions of this act, and from the salary of such new teach- ers as may hereafter accept the same, as herein provided, said sum to be paid into and applied to the credit of said school- teachers' pension fund, and shall continue to so deduct said sum during the remainder of the term of service of said teacher. § 16 GUIDE FOR OHIO SCHOOL OFFICERS. 22 All teachers hereafter appointed in said public school, or high schools, if any, in said school district, shall be notified within thirty days after their appointment by the clerk of such board of education of the election of said board of trustees of said school-teachers' pension fund, and they shall be required to notify said board of education within six months thereafter whether they consent or decline to accept the provisions of this act. All moneys received from donations, legacies, gifts, be- quests or from any other source shall also be paid into said fund, or into a permanent fund, and if paid into a permanent fund, the interest only of said fund shall be applied to the payment of pensions. Said board of trustees shall have power to invest said pension fund in the name of said board in bonds of the United States, or the state of Ohio, or of any county in this state, or of any municipal corporation in this state, or of any school district in this state ; and said board shall have power to make payments from said pension fund for pensions granted in pursuance of this act. Said board of trustees shall also have power from time to time to make and establish such rules and regulations for the administration of said pension fund as they shall deem best. (92 v. 152; 95 v. 610.) Participants in Fund, etc. — Only such teachers as desire shall participate in the fund. And when the board has passed the resolution declaring such fund advisable, the clerk must notify each teacher, and the teacher must notify the board of education whether he will accept the same. All these notices must be in writing, and the clerk should preserve those received from the teachers, and make a record of the fact of their notification, and the answers received from each. New teachers must be notified. § 16. [Retirement and pension of teachers; meaning of term "teacher"; amount of pension; who not entitled to pension; how, when fund insufficient to pay pensions.] (§ 3897d) Said board of education of said school district, and any union board, or other separate board, if any, having the control and man- agement of the high schools of said school district, shall each of them have power by a majority vote of all the members com- posing said board to retire on account of physical or mental disability, any male or female teacher under such board who shall have taught for a period aggregating twenty (20) 23 PENSION FUND RETIEEMENT OF TEACHER. § 16 years, whether before or after, or partly before or after, the passage of this act; provided, however, that three-fifths of said period of service shall have been rendered by said ben- eficiary in the public schools or high schools of said school dis- trict, or in the public schools or high schools of the county in which said school district is located, and the remaining two- fifths of said period . of service in the public schools of this state or elsewhere. [Meaning of "teacher."] "The term 'teacher' under this act, shall include all teachers regularly employed by either of said boards in the day schools, including the superintendents of schools, all superintendents of instruction, principals, and special teachers, and in the estimation of years of service, only service in public day schools or day high schools, supported in whole or in part by public taxation, shall be considered. [When teacher may retire.] Any teacher shall have the right to retire and become a beneficiary under this act who shall have taught for a period aggregating thirty (30) years, whether before or after, or partly before or after, the passage of this act; provided that three-fifths of said term of service shall have been rendered in the public schools or in the high schools of said school district, or in the public schools or high schools of the county in which said district is located, and the remaining two-fifths of said term of service in the public schools of this state or elsewhere. [Amount teacher may receive.] Each teacher so retired or retiring shall be entitled during the remainder of his or her natural life to receive as pension, annually, the sum of ten dol- lars ($10) for each and every year of service rendered as teacher, but in no event shall such pension paid to any teacher exceed the sum of five hundred dollars ($500) in any one year, and said pensions shall be paid monthly during the school year; but in no event shall such pension be paid to any teacher until such teacher shall contribute, or shall have contributed, to said fund a sum equal to twenty dollars ($20) a year for each and every year of service rendered as teacher, but in no event shall this sum exceed six hundred dollars ($600) ; but should any teacher retiring be unable to pay the full amount of this sum before receiving a pension, the board of trustees shall, in paying the annual pension to such retiring §§ 17-19 GUIDE FOR OHIO SCHOOL OFFICERS. 24 teacher withhold on each month's payment twenty per cent, thereof, until the full amount as above provided shall have been thus contributed to the fund; provided further, that if said pension fund shall at any time be insufficient to meet the pensions so provided for, that during the period that such fund is insufficient to make such payment, the amount in said fund during said period shall be pro-rated between the parties entitled thereto. (98 v. 158; 94 v. 305.) § 17. [Use of principal and income.] (§ 2897e.) Said board of trustees shall have the power to use both the principal and income of said fund for the payment of the premiums herein provided for, and the expense thereof. No portion of said pension fund shall, before its distribution and payment by said board of trustees to the beneficiaries, be liable to be taken or subjected by any writ or legal process against the beneficiary. (92 V. 154; 95 V. 612; 98 v. 158.) § 18. [Monthly certifications of deductions from salaries.] (§ 3897/.) The clerk of the board of education of said school district, and the clerk of the union board of high schools, or other separate board having the control and management of the high schools of said school district, if any, shall each of them certify monthly to said board of trustees all amounts de- ducted from the salaries of the teachers as aforesaid, which amounts, as well as all other moneys contributed to said fund, shall be set apart as a special fund for the purposes herein spec- ified, subject to the order of said board of trustees. All moneys belonging to said fund shall be paid only on the order of said board of trustees, entered upon its minutes on warrants signed by the president and secretary of said board. (92 v. 154; 95 V. 612; 98 V. 158.) §19. [Who custodian of fund; duties.] (§3897^.) The treasurer of said school district shall be the custodian of said pension fund, and shall keep the same subject to the order, control and direction of said board of trustees. He shall keep books of accounts concerning said fund in such manner as may be prescribed by said board, which books of account shall always be subject to the inspection of said board of trustees or of any member thereof. Said treasurer shall execute a bond to said board of trustees with good and 25 PENSION FUND — RULES AND REGULATIONS. §§ 20-22 sufficient sureties in such sum as said board of trustees shall require, which bond shall be subject to the approval of said board and be conditioned for the faithful performance of his duties as custodian of said board and treasurer of said board. He shall always keep and truly account for all moneys and profits coming into his hands as such treasurer belonging to such fund, and at the expiration of his term of ofdce shall pay over surrender and deliver to his successor all securities, moneys and other property of whatsoever kind, nature and de- scription which may be in his hands or under his control as treasurer aforesaid. Said treasurer shall be paid for his services under this act as compensation not to exceed one per cent, annually of the amount paid into said fund during the year. (92 v. 154; 95 v. 612; 98 v. 158.) § 20. [Rebate in case of resignation or removal; heirs, lega- tees or assigns of deceased teacher entitled to half amount paid.] (§ 3897/i.) Anj^ teacher who shall resign or be removed for cause, as aforesaid, shall, upon application within three (3) months after such resignation or removal takes effect, be en- titled to receive one-half of the total amount paid by such teacher into such fund. In case of the death of any teacher, the heirs, legatees or assigns of the deceased teacher shall be entitled to receive one-half of the total amount paid by such teacher into such fund upon application therefor, with proof of claim to the satisfaction of the board of trustees. (92 v. 154; 94 V. 308; 95 V. 613.) §21. [Rules and regulations.] (§ 3897i.) The board of trustees shall make such rules and regulations as it may deem expedient or necessary for its government ; which rules and reg- ulations must be adopted, and when adopted, may be amended, by a vote of not less than two-thirds of all the members of said board of trustees. (94 v. 308; 95 v. 613.) § 22. [Transfer of fund now existing to trustees herein cre- ated.] (§ 3897^.) Upon the election and organization of a board of pension trustees under this act in any school district of this state, any school-teachers' pension fund heretofore created for said district under any former act, shall be transferred to the board of trustees created under this act by the board or persons having control thereof ; and all beneficiaries now receiv- §§ 23-26 GUIDE FOR OHIO SCHOOL OFFICERS. 26 ing pensions from the fund transferred as aforesaid, shall con- tinue to receive pensions under this act. (95 v. 613.) § 23. [Deductions, fines, penalties and assessments, dispo- sition of.] (§ 3897^.) The board of education in any school district which has created, or shall hereafter create, a teachers' pension fund, shall pay monthly into said teachers' pension fund all deductions, fines, penalties and assessments made against any of the teachers or other employes of said board for viola- tion of any of the rules or orders of the said board. (97 v. 340; 98 V. 158.) § 24. [Board of education may contribute to pension fund.] (§ 3897L) The board of education in any school district which has created or shall hereafter create, a teachers' pension fund, may pay semi-annually out of the contingent fund of such school district, into said teachers' pension fund, not to exceed two per cent, of the gross receipts of said board of education raised by taxation to be applied to the payment of teachers' pensions as hereinbefore provided. (97 v. 340.) §25. [Attached territory, assignment of and voting in.] (§ 3898.) When territory is attached to a city school district for school purposes, it shall be the duty of the board of educa- tion to assign such territory to the sub-district or sub-districts adjoining the same, and a map showing such assignment shall be made a part of the record of the board ; the electors residing in said attached territory shall be entitled to vote for school officers and on all school questions in the sub-district to which they are assigned, and in the election precinct nearest their res- idence ; and in case the board fails to perform this duty, the electors residing in said attached territory shall be entitled to vote in the sub-district and precinct nearest their residence. An elector residing in the city, but not in the city school dis- trict, shall not be entitled to vote in said city school district. (97 V. 340.) Sec. 3899. Repealed (89 v. 79.) § 26. [Redistricting of city districts.] (§ 3900.) The redis- tricting of a city school district shall not affect the membership of the then existing board of education in said city school dis- trict; all the members thereof shall continue to serve for the full term for which they were elected, but after the expiration of. said terms the election of members of the board of education 27 SCHOOLS FOR DEAF CHILDREN. §§ 21 -21 a from sub-districts shall be by the sub-districts as redistricted. (97 V. 341.) §27. [Schools for deaf children.] (§3901.) Boards of ed- ucation of city school districts are authorized and empowered to establish and maintain, under their management and control one or more day schools for the education of the deaf youth of school age of the district, the expense of conducting the same to be paid from the school funds of the district in the same manner and from the same funds as other school expenses are paid. (97 v. 334.) § 21a. [Day schools for deaf.] Sec. 1. That upon application by a board of education of any school district of this state to the state commissioner of schools, he shall grant permission to such board of education, and such board of education shall thereupon be empowered to maintain within its limits one or more day schools, having an average attendance of not less than three pupils, for the instruction of deaf persons over the age of three, residents of the state of Ohio. (98 v. 219.) [Eeport to state school commissioner.] Sec. 2. Such board of education, which shall maintain one or more day schools for the instruction of the deaf, shall report to the state commis- sioner of schools annually, and as often as such state commis- sioner shall direct, such facts concerning such school or schools as he may require. (98 v. 219.) [How expenses of school defrayed.] Sec. 3. The county auditor in each county is hereby authorized and directed to ap- portion and the county treasurer to pay out of the state com- mon school fund received by such county, to the treasurer or other financial officer of such board of education, maintaining such school or schools for the instruction of the deaf, the sum of one hundred and fifty dollars for each deaf pupil, resident of such county, instructed in any such school for at least nine months during the school year and a share of such sum propor- tionate to the term of instruction of any such pupil as shall be so instructed less than nine months during such year. If no school shall be maintained in any county but persons residing in such county shall attend such school in another county, then the county treasurer of the county not maintaining such school shall apportion and pay to the financial officer of the board § 27a ' GUIDE FOR OHIO SCHOOL OFFICERS. 28 of education of such other county the amount above specified for each pupil attending such school in such other county. (98 V. 219.) [Payment of Expenses.] Sec. 4. The sums provided in the next preceding section shall be paid by such county treasurer as soon as may be after the receipt by him of the state common school fund in each year, upon satisfactory proof being made to him by the- president or clerk of such board of education maintaining such school, of the number of pupils instructed in such school or schools, and their residences, and the period of time such pupil shall have been so instructed in such school or schools for the preceding school year. (98 v. 219.) [Appointment and qualification of teachers.] Sec. 5. All teachers in such schools shall be appointed and employed as other public school teachers are appointed and employed. All persons appointed to teach in any such school shall have had special training for teaching, and shall also have had special training in the teaching of the deaf, including at least one year's experience as a teacher in a school for the deaf. The so-called "oral" system shall be taught by such teachers, and after fair trial of nine months, any of such children shall for any reason, be unable to learn such oral method, then no further expense shall be incurred in the effort to teach such child so unable to learn such oral method in such primary schools. (98 V. 219.) [Who considered deaf.] Sec. 6. For the purpose of this act, any person of sound mind, who, by reason of defective hearing, can not profitably be educated in the public schools, as other children are, shall be considered deaf. (98 v. 219.) [Inspection of.] Sec. 7. The state school commissioner shall select some competent person to inspect all day schools or- ganized under this act, or by other authority and shall cause an inspection to be made of said schools at least twice a year, and said persons so appointed shall make a written report to the state commissioner of common schools of the buildings in which said schools are being held, the method of instruction and all other matter which may seem to be of interest and profit to the education of the children in said schools. (98 V. 219.) Sec. 3902. Repealed April 25, 1904. Sec. 3903. Repealed April 25, 1904. 29 VILLAGE SCHOOL DISTRICTS. 28,29 CHAPTER 3. VILLAGE SCHOOL DISTRICTS. Section. (3904) Repealed. (3905) Repealed. (3906) Repealed. (3907) Repealed. § 28 (3908) Board of education in village districts; membership; elec- tion and term. § 29 (3909) Newly created vil- lage districts; elec- tion in. Section. §30 (3910) Voting in attached territory. § 31 (3911) Organization; presi- dent ; clerk ; regu- lar meetings. (3912) Repealed. (3913) Repealed. (3914) Repealed. Sec. 3904. Repealed April 25, 1904. Sec. 3905. Repealed April 25, 1904. Sec. 3906. Repealed April 25, 1904. Sec. 3907. Repealed April 25, 1904. §28. [Board of education in village districts; membership; election and term.] (§ 3908.) The board of education of vil- lage school districts shall consist of five members elected at large at the same time and in the same manner as municipal officers are elected, for the term of four years from the first Monday in January after their election or until their succes- sors are elected and qualified. At the first municipal election held after the passage of this act there shall be a board of education elected in all village districts as provided for herein, two to serve for two years, and three to serve for four years, and at the municipal election held every second year thereafter, their successors shall be elected for the term of four years. Upon the organization of said boards, upon the succeeding first Monday in January after their election, the previously existing village boards of education shall be thereby abolished and the newly elected and organized board shall be their successors in all respects. (97 v. 344; 91 v. 121; 88 v. 494; 75 v. 53, § 18.) See §3 (§3888), as to what comprises a village district. § 29. [Newly created village districts; election in.] (§ 3909.) In all incorporated villages not now organized as school dis- §§ 30-31 GUIDE FOR OHIO SCHOOL OFFICERS. 30 tricts and in all villages hereafter created, there shall be a board of education elected as provided for in section 3908 (§28) of the Revised Statutes of Ohio ; provided, however, that if said election be a special election held in a newly created village, the members elected shall serve for the terms as indicated in said section 3908 (§28), from the first Monday in January after the last preceding election for members of boards of edu- cation, and the board shall organize on the second Monday after the special election. (97 v. 341; 75 v. 53, § 19.) §30. [Voting in attached territory.] (§3910.) Electors residing in territory attached to a village school district for school purposes, shall be entitled to vote for school officers and on all school questions, at the regular voting place in the village to which such territory is attached, and should said village be divided into voting precincts, it shall be the duty of the board of education of such village school district to assign such territory to the adjoining precinct or precincts and to have a map prepared showing such assignment, said map to be made a part of the records, of the board, and the electors residing in such attached territory shall be entitled to vote in the precinct to which they are assigned, but in case no assign- ment of territory is made, the elector shall vote in the precinct nearest his residence. An elector residing in a village, but not in a village school district, shall not be entitled to vote in said village school district. (97 v. 334.) §31. [Organization; president; clerk; regular meetings.] (§ 3911.) Boards of education of village school districts shall organize on the first Monday in January after the election of the board, by the- election of one of their members president, and the election of a clerk who may or may not be a member of the board, the president to be elected for one year and the clerk to be elected for a term not to exceed two years; and they shall fix the time of holding regular meetings. (97 v. 3340 Sec. 3912. Repealed April 25, 1904. Sec. 3913. Repealed April 25, 1904. Sec. 3914. Repealed April 25, 1904. See § 13, notes under § 3897a, is to organization, etc. 31 TOWNSHIP SCHOOL DISTRICTS. 32 Section. § 32 (3915) § 33 (3916) (3917) (3918) (3919) § 34 (3920) §35 (3921) § 36 (3921a) See See See See See See See See See CHAPTER 4. TOWNSHIP SCHOOL DISTRICTS. Boards of education in township dis- t r i c t s ; member- ship; election and term. Attached territory; voting in. Repealed. Repealed. Repealed. Organization; presi- dent; clerk; regu- lar meetings. Sub-districts recog- nized. Director of sub-dis- tricts; election; term; duties. Section. § 37(3922) § 38 (3923) 39 §40 §41 §42 (3924 (3925 (3926 (3927 (3927- (3927 Centralization b y suspension of one or more sub-district schools. Joint sub-districts abolished. Repealed. Repealed. Repealed. Repealed. Repealed. Centralization, sub- mission of question to vote. An act to provide for the support of normal schools. Tax, for election. New election. 76 (3970-10) General election laws applicable. 78 (3970-12) Women may vote. 86 (3978) Oaths of members. 88 (3981) Vacancies in board. 89 (3982) Necessity of quorum. 86 (3978) Special meetings. 92 (3985) Rules of board. 90 (3983) Absence of president. 5 (3890) As to what constitutes. §32. [Boards of education in township districts; member- ship; election and term.] (§3915.) The board of education of township school districts shall consist of five members elected at large at the same time and in the same manner as the town- ship officers are elected, for the term of four years from the first Monday in January after their election [or] until their successors are elected and qualified. At the first township elec- tion held after the passage of this act, there shall be a bo^rd of education elected in all township districts as provided for here- in, two to serve for two years, and three to serve for four years, and at the township election held every second year thereafter, their successors shall be elected for the term of four years. Upon the organization of said boards, upon the succeeding first Monday in January after their election, the previously existing § 33 GUIDE FOR OHIO SCHOOL OFFICERS. 32 township boards of education shall be thereby abolished and the newly elected and organized boards shall be their succes- sors in all respects. (97 v. 342.) Recent Change. — This and subsequent sections make a com- plete change in the election, organization and powers of town- ship boards of education. Under the former law the township boards were not voted for directly nor by the electors of the entire township. The directors were elected by the voters of each sub-district, and these directors constituted the board of education of the district. Formerly three directors were elected in each district, then these three directors organized and elected one of their number as clerk, and this member constituted the director that met with the board of education. Then each sub-district hired its own teacher and made its own contracts generally. Later the law was amended so that there was but one director elected in each sub-district. This was more recently amended so that there was one director elected, who was the member of the board from that district, and two subdirectors, but the power to hire teachers, etc., was in the board. The election of township ofScers is now held on the first Tuesday after the first Monday in November of the odd num- bered years. (1442 R. S.) §33. [Attached territory; voting in.] (§3916.) Electors residing in territory attached to a township school district for school purposes, shall be entitled to vote for school officers and on all school questions, at the regular voting place in the town- ship to which such territory is attached, and should such town- ship be divided into different voting precincts, it shall be the duty of the board of education of the township district, to as- sign such attached territory to the adjoining precinct or pre- cincts ; if territory is attached to more than one precinct, a map shall be prepared showing such assignment and said map shall be made a part of the records of the board of education, and electors shall be entitled to vote according to such assignment, but in case no assignment of territory is made, the electors shall vote in the precinct nearest to their residence. An elector residing in the township, but not in the township school dis- trict, shall not be entitled to vote in said township school dis- trict. (97 V. 342.) Sec. 3917. Repealed April 25, 1904. Sec. 3918. Repealed April 25, 1904. Sec. 3919. Repealed (90 v. 76). 33 TOWNSHIP SCHOOL DISTRICTS — ORGANIZATION, ETC. § § 34-35 There ought to be no difficulty under the above statute in the elector determining where he should vote. As to elections in village districts, see § 28 (§ 8908). §34. [Organization; president; clerk; regular meetings.] (§ 3920.) Boards of education of township school districts shall organize on the first Monday in January after the elec- tion of the board, by the election of one of their members pres- ident and the election of a clerk who may or may not be a mem- ber of the board, the president to be elected for one year and the clerk to be elected for a term not to exceed two years ; and they shall fix the time of holding regular meetings. (97 v. 342.) See not under § 13 (§ 3897a), as to organization and committees to be appointed and order of business. The state commissioner of schools advises that there should be monthly meetings of the board. (Annual Eeport, 1905, p. 7.) He also recommends that a small salary be allowed, not to exceed $2.00 per meeting for twelve meetings. An adjourned meeting of a regular session is a regular meeting, and a teacher can be elected at such meeting. For special meetings, see § 86 (§ 3978). § 35. [Sub-districts recognized.] (§ 3921.) The divi- sion of township school districts into sub-districts as they exist at the time of the passage of this act, shall continue and be rec- ognized for the purpose of school attandance, but the board of education is authorized to increase or diminish the number or change the boundaries of the sub-districts at any regular meeting, a map designating such changes to be entered upon its records. (97 v. 343.) The term '^ sub-district," as used in Section 1 of this supple- mentary act of April 9, 1867 (64 v. 117), does not include the subordinate territorial divisions of separate school districts into which a city or village may be subdivided, but applies exclusively to township or county sub-districts. Anders et al. V. Spargur et al., 19 0. S., 577. A sub-district does not have the power of suing or being sued, it is a mere geographical division of territory.. Woodlawn Special vs. Evandale Special. Hamilton Common Pleas. April 22, 1907. Different Modes of Altering Sub-Districts. Resolved by the board of education of township. That there be transferred and united with sub-district number so much of sub-district number , as is bounded as follows: [describe bound- ary.'] Resolved by the board of education of township. That sub- district number is hereby abolished, and there is hereby trans- § 36 GUIDE FOR OHIO SCHOOL OFFICERS. 34 ferred to and united with sub-district number , so much of the territory of said abolished sub-district as is bounded as follows: [de- scribe boundary], and so much of said abolished sub-district as is not herein united with sub-district number , is transferred to and united with sub-district number This resolution shall take effect on the day of , 19 . . Resolved by the board of education of township, That so much of sub-district number , as is bounded as follows: [de- scribe boundary], be cut off from said sub-district, and that so much of sub-district number as is bounded as follows: [describe boundary], be cut off from said sub-district, and that the territory thus cut off from sub-districts numbers and , respectively, is hereby consolidated and formed into a new sub-district and designated sub-district number of township. Resolved by the board of education of township, That sub- districts numbers and are hereby abolished, and that the territory included in said sub-districts at the time of their abolish- ment is hereby consolidated and formed into a new sub-district, and designated sub-district number of township. This reso- lution shall take effect on the day of , 19 . . Note. — When a new sub-district is formed the township board should appoint a director as provided in section 3921a (§ 36). §36. [Director of sub-districts; election; term; duties.] (§ 3921a.) In all township districts the schools of which are not centralized or consolidated there shall be elected by ballot on the second Monday of April, 1905, and annually thereafter in each sub-district, by the qualified electors thereof, one com- petent person, having the qualifications of an elector therein to be styled director. In all cases of tie votes at an election for director the judges of election shall decide the election by lot ; and in other cases of failure to elect directors or in case of a refusal to serve, or in case where vacancies exist from any cause, the township board of education shall appoint a director for such sub-district. The director of each sub-district shall post written or printed notices in three or more conspicuous places in his sub-district at least six days prior to the election, designating the day and hour of opening, and the hour of closing the election. [Where held.] The election shall be held at the school house in the sub-district. The meeting shall be organized by ap- pointing a chairman and secretary, who shall act as judges of the election under oath or aifirmation, which oath or affirma- tion may be administered by the director of the sub-district, or any other person competent to administer such an oath or affirmation, and the secretary shall keep a poll-book and tally- sheet, which shall be signed by the judges, and delivered 35 TOWNSHIP SCHOOL DISTRICTS — DIRECTOR IN. § 36 within eight days to the clerk of the township board of edu- cation. [Meetings of district and other matters.] The qualified electors of the sub-district may hold other meetings at any time upon the call of the director or of any five electors. Five days' notice shall be given of such meetings by posting notices in five public places in the vicinity. Tlie director of each sub- district shall preside at the school meetings of the district, record their proceedings, and shall act as the organ of com- munication between the inhabitants and the township board of education. He shall take charge of the school house and prop- erty belonging thereto under the general order and direction of the township board of education and preserve the same and when so ordered by the board shall make all temporary repairs o"f the school house, furniture and fixtures, and provide the necessary fuel for the school, rei)orting the cost thereof to the board of education for payment. [Takes enumeration.] The director of each sub-district shall take the enumeration of his sub-district and return the same to the clerk of the township board of education in the manner prescribed by law. (97 v. 343.) Comments. Oath of Judges of Election. Notice of Sub-District School Minutes of Appointment of Meeting for the Election School Director, of Director. Certificate of Appointment of Notice of Election in a New School Director to Fill Va- Sub-district. cancy. Form of Poll-book. Oath of School Director. Form of Tally-sheet. Special Meetings in Sub-dis Form of Minutes of Sub-dis- trict. trict School Meeting. Notice. Form of Certificate of Elec- tion of School Director. Comments. — The board of education may remove or suspend the director for cause. Section 206 (§ 4017). This section is an innovation. It provides for the election of a director in each district, who is not a member of the board, but is the organ of communication 'between the inhabit- ants of the districts and the board of education. And he is the agent of the board in looking after the school house, etc. But he can make no contracts unless authorized by the board of education. Tf a meeting is desired of the people of the § 36 GUIDE FOR OHIO SCHOOL OFFICERS. 36 district, they may call one, at which he is to preside. He is elected in the same manner that the director under the former statute was. When there is a vacancy from failure to elect or any cause, his successor would be appointed by the board to serve until the next annual election. No compensation is pro- vided, but he is to make the enumeration of his district. If an appointment is made by the board the clerk must notify the appointee. Section 206* (§ 4017). Notice. — At least six days prior to the second Monday of April of each year it is the duty of the director of each sub- district to post up in three or more public places, where they are likely to be seen, notices of such school election, designat- ing the day, and the hour of opening and closing the election In the law pertaining to such notices a day is held to be indivisible. Hence a notice issued on any day allows the whole of that day to be included in the six or other number of days' notice, provided for by a statute. Since the six days must all expire before the meeting begins, it must also expire before the day begins on which the meeting is held, the day itself being but a point of time. The acts of a meeting held on any other day than that expressed in the notice are invalid. Form of Notice of Sub-District School Meeting for the Election of Director. Notice is hereby given to the qualified voters of sub-district No. of township, county, Ohio, that the next annual school meeting for the election of a school director in said district will be held at the school house (or usual place) in said sub- district, on Monday, the day of April, 190. ., beginning at o'clock p. M. (a. m.) and closing at o'clock p. m. (a. m.). Director. Notice of Election in a New Sub-District. Whereas, The board of education of township, ...... county, did, at their last regular meeting, the third Monday of , abolish sub-district number [or sub-districts numbers and ] and form from the territory of said sub-district, and so much of sub- district number as is bounded as follows: [describe boundary^, a new sub-district, to be known as sub-district number : Therefore, notice is hereby given to the qualified voters of said sub-district thus organized and designated, that a meeting for the elec- tion of a director will be held at , on the day of . ■. , from . . o'clock to . . o'clock said election to be con- ducted as prescribed in § 3922 (§ 37). By order of the Township Board. , 19.. • " Clerk. 37 ELECTION OF SCHOOL DIRECTOR. 36 The above notice to be posted in three or more conspicuous places at least six days prior to the election. A notice for a school election must state the purpose for which it is to be held, and no other business can be legally transacted thereat. (14 Vermont, 300.) The evident intent of the law requires that when the polls are once opened, they should be kept open until the hour pre- scribed for finally closing; but the statute on the conduct of elections, Section 2929, is said to be directory, and if so, "a departure from its strict observance will not necessarily in- validate an election, where no fraud has been practiced and no substantial right violated." (Fry v. Booth, 10 0. S., 25.) It is presumed that the same principle holds In the school law. But the burden of proof Avill be on the party denying the violation of personal rights in the case. The polls should be opened and closed at the precise time designated by the statute, if the statute fixes the time, or by the notice, if so fixed. Form of Poll-book. Of the election held in sub-district No , in the township of , in the county of and state of Ohio, on Monday, the day of April, in the year A. D. 190. . A. B., chairman, and C. D., clerk, judges of said election, were sev- erally sworn, as the law directs, previous to their entering on the duties of their respective offices. Number and Names of Electors. 1 Number and Names of Electors. No. 1 No. 5 2 6 3 7 1 4 8 1 It is hereby certified that the number of electors who voted at this election is See section 2960 R. S. (§- .Chairman, .Secretary, Judges. Form of Tally Sheet Of the election held in sub-district No , in the township of , in the county of , and State of Ohio, on Monday, the day of April, in the year A. D. 190.., to elect a director for said sub-district. §36 GUIDE FOR OHIO SCHOOL OFFICERS. 38 ,. , , Tallies showing number of votes ^ , , Names of candidates. 1 ^.^^^ ^^^ ^^^^ candidate. ^°^^^- We certify That had votes, That had votes, That had votes. That had votes. That had votes. And that had votes for director of said sub-district at the election above mentioned. Chairman, Secretary, Judges. The poll-book and tally-sheet must be signed by the judges of the election before they separate. No signing after such separa- tion is valid. They must be delivered within eight days to the clerk of the township. Form of Minutes of Sub-district School Meeting. Sub-district No Township, County, Ohio. , 190.. At a meeting of the qualified voters of said sub-district, due and legal notice of which had been given, held on the second Monday of April, 190.. (or if special meeting, give other date), was ap- pointed chairman, and secretary. Whereupon, said voters proceeded to elect by ballot, one director of said sub-district, for the term of one year; and upon inspection of the several ballots given at said election it was found and pub- licly declared that was duly elected. Chairman, Secretary. Form of Certificate of Election of School Director. 190. To the Clerk of Township, County, Ohio. This is to certify that a meeting of the qualified voters of sub- held on the second Monday ive other date), was district number township of April, 190.. (or, if special meeting, of the several ballots given at said election it was found and pub elected school director for the term of one year. Witness my hand. Chairman 39 ELECTION OF SCHOOL DIRECTOR. § 36 The law provides that the meeting shall be organized by the appointment of a chairman and secretary, and they shall take an oath or affirmation, which oath may be administered by the director or other competent person. . The following will do for a form of oath : Oath to Judges of Election. You do solemnly swear that you will support the Constitution of the United States and' the State of Ohio, and that you will faithfully and honestly discharge the duties that will become yours in the con- duct of an election of a school director in sub-district No , township, county, Ohio. This you will to the best of your ability, so help you God. If there should be no election held or there should be a va- cancy, some one in the district shoidd report that matter to the board, and the board would appoint some one to fill the place. It might be well to have a special election in the sub- district to ascertain the choice of the inhabitants. Minutes of Appointment of School Director. Whereas, , the director in sub-district number , township, county, Ohio, has resigned (died, or refused to serve, etc.), and no election having been held to fill such vacancy as pre- scribed by law; Therefore the board of education appoints director in said sub-district, who shall hold his office until the time of the next annual election, and until his successor is elected and qualified. Clerk of said Township Board. Certificate of Appointment of School Director to Fill Vacancy. This is to certify that has been appointed director of sub- district number , township, county, Ohio, to fill the vacancy caused by of , said appointment to extend until the next annual election as provided for in section 3921a. , Ohio, , 190.. Attest: , Clerk. President. Oath of School Director. The following oath, which may be administered -by the clerk or any other member of the board of education, should be taken by each director before entering upon the discharge of his duties. You, , do solemnly swear [or affinn^ that you will support the Constitution of the United States, and the Constitution of the State of Ohio, and that you will faithfully and impartially discharge the § 37 GUIDE FOR OHIO SCHOOL OFFICERS. 40 duties of director in and for said sub-district, number township, county, Ohio, according to law and the best of your ability. See section 36 (3921a). Special Meetings in Sub-District. — If there is a desire to hold other meetings in the sub-district, the director may call the same, or any five electors may do so. If the director be present he is chairman of the meetings, and he shall see that there is a record of the proceedings made. The board of edu- cation ought to supply each director with a blank book in which a record of the proceedings of all meetings should be kept. "When a meeting is called by the director or the elec- tors, a notice must be made of such meeting. This notice must be posted up for five days before the meeting is held. It should state the object of the meeting, and may be in the following form: Form of Notice of Sub-District Meeting. — Notice. The school electors of sub-district number , township, county, Ohio, are hereby notified that there will be a meeting of the electors of said district at the school house therein on the day of , 190. ., at o'clock, for the purpose of considering the following matter : Director. § 37. [Centralization by suspension of one or more sub-dis- trict schools.] (§3922.) The board of education of any town- ship school district is authorized to suspend the schools in an}^ or all sub-districts in the township district, but upon such sus- pension the board must provide for the conveyance of the pu- pils residing in such sub-district or sub-districts to a public school in said township district, or to a public school in another district, the cost of such conveyance to be paid out of the funds of the township school district ; or the board may abolish all the sub-districts providing conveyance is furnished to one or more central schools, the expense of such conveyance to be paid out of the funds of the district. When transportation of pupils is provided for, the conveyance must pass within at least the distance of one-half of a mile from the respective residence of all pupils, except when such residences are situated more than one-half of a mile from the public road ; but boards of ed- ucation shall not be required to provide transportation for pupils living less than one-half of a mile from the school house. (97 V. 344.) 41 CENTRALIZxVTION OF SCHOOLS. § 37 Centralization Defined. Advantage of Centralization. Scope of Act. Control of District. Form of Resolution. The former law defined centralization as follows : "For the purposes of this act the word 'centralization' is hereby defined as a system of schools in a township provid- ing for the abolishment of all sub-districts and the conveyance of pupils to one or more central schools." (94 v. 317.) Scope of Act. — Under this section the school of an entire township might be centralized. It is probably intended, how- ever, to be applied where a few districts are to be centralized, and even then it might be well to gather the consensus of opinion in the various districts by submitting the matter to a vote, as provided in section 3927-2 (§ 39). If centralization is decided upon, then conveyance for all pupils must be provided for those living more than one-half mile from the school house. Action of the board should be taken by resolution. Unless demanded by some member there need not be an aye and nay vote taken, nor would it require an affirmative vote of more than one-half of all the members of the board to carry the resolution, but it would be advisable to follow section 89 (§ 3982) in such matters. The resolution should merely state what districts are cen- tralized, and where the central school is to be held. It might be in the following form : Form of Resolution. Resolved, by the board of education of , township, county, Ohio, that sub-districts No , and be and the same are hereby centralized, and the school for the same will here- after be held in the school house situated in sub-district No ._ . , and that said centralized district be known as centralized school dis- trict No of township, county, Ohio. Control of District. — Such centralized school district is under the direct supervision of the township board. There is no director of schools therein. Upon the centralization of the schools such office is abolished. Of course, before the cen- tralization can be made effective, the board must provide con- veyance for pupils, etc. Advantages of Centralization. — In the state commissioner's school report for 1905, he says that there are now seventy-five townships in thirty-one counties, centralized in whole or in part, and that: "In the past year committees have been appointed by dif- ferent townships to investigate this subject in the north- § 37 GUIDE FOR OHIO SCHOOL OFFICERS. 42 eastern part of the state, where centralization has been in progress to a greater or less extent since 1892. These com- mittees have interviewed patrons, teachers, pupils and dri- vers, and so far as I have been able to learn the reports from all parties interested have been exceedingly favorable. "Some of the advantages resulting from the centralization of schools are the following: "It insures a much better attendance of pupils and greatly reduces the number of cases of tardiness and truancy. "It gives an opportunity^ for a better classification of the schools and proper grading of pupils. "It encourages supervision and gives the superintendent a much more favorable chance for thorough inspection of the work of the lower grades. "It limits the field of work for each teacher and gives an opportunity for a more thorough preparation. "It gives fewer classes to each teacher and longer recita- tion periods, insuring more thorough work. "It gives the bo3^s and girls of the rural schools the benefit of such special branches as music and drawing under a spe- cial teacher employed by the board of education, if the patrons so desire. "It encourages the formation of good township high schools, and gives to the boys and girls in the township districts the same advantages enjoyed by children in the city districts. "It favors the teaching of the elements of agriculture in the rural schools. "It tends to prevent difficulties Avhich often arise on the way to and from school, and tends to protect the health and morals of the children. "Better equipment in the way of apparatus and library for the different grades can be provided for less money. "The children have the benefit of modern conveniences in the way of ventilation and sanitary arrangements. "Better janitor service can be secured. "It helps to solve a difficult problem for the boards of education where the enumeration in several sub-districts is very small, school buildings are in need of extensive repairs or perhaps new buildings may be needed. "It tends to bring good roads. "The cost of maintaining this system varies according to local conditions. If in some instances it is a little more than under the old plan the universal testimony is that the addi- tional advantages and the increased efficiency of the schools more than compensate for the increased outlay. "In some townships the arrangement of the sub-districts and the condition of the roads at certain seasons of the 3^ear may be such as to make centralization impracticable, but 43 JOINT SUBDISTRICTS ABOLISHED. §§38,39 where the conditions are at all favorable this plan is earnestly commended to the favorable attention of township boards of education. ' ' §38. [Joint sub-districts abolished.] (§3923.) Joint sub- districts are hereby abolished and the territory of such dis- tricts, situated in the township in which the school house of the joint sub-district is not located, shall be attached for school purposes to the township school district in which said school house is located, and shall constitute a part of said town- ship school district, and th^ title of all school property located in said joint sub-district, is hereby vested in the board of edu- cation of the township to which the territory is attached. A map of such attached territory shall be prepared under the direction of the board of education of the township district to which such territory is attached, and shall be made a part of the records of said board, and a copy of the same shall be filed with the auditor of the county in which said territory is situated, or if the territory be in two or more counties, said map shall be filed with the auditor of each county. (97 v. 344. Sec. 3924. Repealed April 25, 1904. Sec. 3925. Repealed April 25, 1904. Sec. 3926. Repealed April 25, 1904. Sec. 3927. Repealed April 25, 1904. Sec. 3927-1. Repealed April 25, 1904. The boundaries of the district remain the same as it was before. But the complete control of the school and its prop- erty passes to the township, in which the scliool house is lo- cated. A director would be elected the same as in other sub- districts, and should be voted for by all the electors residing- within the boundaries of the sub-district. A map of the at- tached territory must be made and filed with the auditor of each countj^ in which the territory is located. § 39. [Centralization, submission of question to vote.] (§ 3927-2.) A township board of education may submit the question of centralization, and upon the petition of not less than one-fourth of the qualified electors of such township district, must submit such question to a vote of the qualified electors of such township district, and if more votes are cast in favor of centralization than against it, at such election, it shall then become the duty of the board of education, and § 39 GUIDE FOR OHIO SCPIOOL OFFICERS. 44 sucli board of education Is required to proceed at once to the centralization of [the] schools of the township, and if neces- sary purchase a site or sites and erect a suitable building or buildings thereon ; provided, that if, at the said election, more votes are cast against the proposition for centralization than for it, the question shall not again be submitted to the electors of said township district for a period of two years. When the schools of a township have been centralized, such centralization shall not be discontinued within three years thereafter, and then only by petition and election as required herein and if at such election more votes are cast against centralization than for it, the division into sub-districts as they existed prior to centralization, shall be thereby re-established at the next reg- ular election, and sub-district directors shall be elected as pro- vided in § 3921a (§ 36) of this act. (97 v. 344.) Comments. Form of. How Centralized. Petition to Board for. Election — Former Law. Centralization. Resolution. Decentralization. When the schools of a township have been centralized no part of the territory comprised in such centralization can be taken to form a special school district. Fulks v. Wright, 72 0. S., 547. How Centralized. — The township board may, on their own motion, submit the question to a vote, and on petition of not less than one-fourth of the qualified electors of said township district the board must submit the question. The township district does not necessarily coincide with the boundaries of the township. It may include more or less. All electors in the township district are entitled to vote on this proposition. Women can not vote on this proposition; the law only allows them to vote for members of the board. The statute provides both how the districts may be centralized and decentralized. Election, etc. — Nothing is said in the present law about the conduct of this election. In the former law it was provided that all elections ordered by a board of education in pursuance of section two of this act shall be held at the usual place or places of holding township elections, at a regular or special election, as may be determined by the board, and notice shall be given and the election conducted in all respects as pro- vided by law for the election of township officers, and the ballots shall have printed thereon "For centralization— Yes. " '^ "For centralization— No." (94 v. 317) (§3921-3). 45 RESOLUTION OF CENTRxVLIZATION § 39 No such provision is found in the present law, and I pre- sume the same would be controlled by the following section of the Revised Statutes : (2996-2.) Unless the act so providing for the submitting of any question to the qualified voters of any township, coun- ty, village or city also provides for the calling of a special election for that purpose, no special election shall be so called, and the question so to be voted upon shall be submitted at a regular election in such township, county, village or city, and notice that such question is to be voted upon shall be embodied in the proclamation for such election. (90 v. 130.) The law does provide as to the number necessary to carry the same. If section 2996-2, R. S., controls, then the election would be under the control of the county election board. The matter, however, should be printed on a separate ballot, for the reason that possibly all persons entitled to vote on township matters could not vote on the school matter, the boundaries not being the same ; and for the further reason that in determining whether the question is carried, this may be necessary. If a ballot is blank it is not counted either way. Resolution, etc. — "When the board, either upon its o"\vn mo- tion, or by petition presented, decides upon submitting the question to the voters, a resolution to that effect should be passed and certified to the county board of elections. The following might serve as a form of resolution: Form of Resolution. Resolved by the board of education of township school district, county, Ohio, that a petition having been presented to us requesting that the question of centralizing the schools of this school district be submitted to the qualified electors of said district, which petition was signed by at least one-fourth of the qualified electors of this township school district. Resolved, that the said question be submitted to the qualified voters of said school district on (at the time of regular election), and that a copy of these resolutions be certified by the clerk of this board to the board of elections of county, Ohio, to proceed according to law. It may be possible that the board of education might order a special election. Form of Petition to Board for Vote Upon Centralization. To the Board of Education of School District. The undersigned, constituting at least one-fourth of the qualified electors in the township school district, respectfully petition your honorable board that the question of the centralization of the schools of the school district of township, county, Ohio, be submitted to a vote of the qualified electors of said school district. §§ 40-42 GUIDE FOR OHIO SCHOOL OFFICERS. 46 and that your body proceed therefore as provided in §39 (§3927-2, R. S., Ohio). Decentralization. — If it is desired to do away with central- ization after it has once been adopted, it can only be done by petition and election three years after it has been central- ized. If more votes are east against centralization than for it, then the old sub-districts are re-established in the same conditions that they were before it w^as decided to centralize the schools. § 40. [To provide aid for the support of normal schools.] Sec. 1. That the trustees of any township in "the state of Ohio, in which a normal school is organized and conducted or may be established hereafter, are authorized to levy annually a tax, not exceeding two mills on the dollar upon all the tax- able property of the township for the purpose of aiding in the support of such normal school. (97 v. 389.) § 41. [Tax for Election.] See. 2. Before the tax may be levied, the question of making a levy for the purpose named in section 1, herein, shall be submitted to the qualified electors of the township, at a special or general election to be held in such towaiship, due notice of which shall be given at least twenty days prior to the election, by publication in some news- paper of general circulation in the township ; and provided a majority of the votes cast at such election upon said question of tax levy is in favor of levying the tax, then the trustees of the township thereafter shall make the levy annually and report the same to the county auditor for collection as other taxes, and when collected, to be paid over to the duly qualified and acting treasurer of the board of trustees of such normal school. (97 V. 389.) § 42. [New election.] Sec. 3. At any time after four years from the date of an election held in accordance with the pro- visions of section 2 of this act, another election may be peti- tioned for, and shall be ordered by the trustees of the town- ship, provided the petition shall be signed by at least forty per cent, of the qualified electors of the township. (97 v. 389.) 47 SPECIAL SCHOOL DISTRICTS. 43 CHAPTER 5. SPECIAL SCHOOL DISTRICTS. Section. §43 (3928) Formation of special school district, pro- ceedings for. § 44 (3929) Further proceedings in probate court. § 45 (3930) Boards of education in special districts; membership; elec- tion and term. §46 (3931) Elections, how con- ducted. § 47 (3932) Election in newly created special dis- trict. §48 (3933) Organization of board of education; president; clerk; regular meetings. §49 (3934) Transportation of pupils in special districts. § 43. [Formation of special school district, proceedings for.] (§ 3928.) A special school district may be formed of any con- tiguous territory, not included within the limits of an incor- porated city or village, which has a total tax valuation of not less than one hundred thousand dollars. [Petition.] To establish a special school district, a petition signed by not less than ten male citizens who are electors of the proposed special district shall be filed in the office of the probate judge of the county in which such special district is situated or if said district is situated in two or more counties, then with the probate judge of the county having the great- est total tax valuation in said proposed district; [Description of territory.] Said petition shall set forth the desires of the petitioners, shall contain a description of the territory to be included in the proposed special district, and shall be acompanied by a statement giving the total tax valua- tion of said territory certified to by the county auditor or au- ditors and also an accurate map of the territory to be included SEeTION. § 50 (3935) Abandonment or continuance of spe- cial district, elec- tion for. (3936) Repealed. (3937) Repealed. (393SJ Repealed. (3939) Repealed. (3940) Repealed. (3941) Repealed. (3941a) Repealed. (3942) Repealed. (3943) Repealed. (3944) Repealed. (3945) Repealed. (3946) Repealed. (3946a) Repealed. (3947) Repealed. (3948) Repealed. (3949) Repealed. (3950) Repealed. § 43 GUIDE FOR OHIO SCHOOL OFFICERS. 48 in said district, the same to be prepared to the satisfaction of the probate judge; said petition shall also be accompanied by an undertaking of one or more of the petitioners, with security to the satisfaction of the judge, in the sum of one hundred dollars, conditioned that the parties entering into the under- taking shall pay all the costs of the proceedings if a special school district is not created, and in such case the probate judge shall render judgment against the parties to the undertaking for all the costs of the proceedings. In case the petition is granted the costs shall be taxed against the special school dis- trict thereby authorized, and shall be paid by the board of education of said special school district, thereafter elected, from any funds that may come into its possession. [Remonstrance.] A remonstrance signed by one or more of the male citizens who are electors of the proposed district may be filed with the probate judge, and shall be considered on the hearing of the petition. Nothing herein contained shall be so construed as to abolish any special school district now exist- ing, but all such districts, whether created under the provisions of a general or special act, including the territory now con- stituting such special district, shall, unless changed under the provisions of this chapter, continue to be and remain and be recognized and regarded as legal special school districts, ex- cepting, however, such special school districts which do now or may hereafter include within their boundaries an incorporated city or village, and in such cases such special district shall be- come a city or village school district with or without territory attached or detached, as the case may be. And all officers and members of boards of education of existing special school dis- tricts heretofore created, whether by special or general act, shall continue to hold and exercise their respective offices and powers thereof, until their successors are elected and qualified as provided herein ; provided that all such officers of such dis- tricts created by special act shall hold such offices only until the first Monday of January following the first election for school officers to be held after the passage of this act, at which election their successors shall be elected. (97 v. 345.) 49 SPECIAL SCHOOL DISTRICTS — ESTABLISHMENT. § 43 Form of Petition. Remonstrance. Special School Districts, etc. Reasons for Establishing, etc. Procedure to Establish. Unconstitutional. Form of Petition, To the HonoraTile the Probate Judge of County, Ohio. The undersigned respectfully represent that they are male citizens who are electors of the territory hereinafter described, and that they request that a special school district be established, herein described, for the following reasons: Said special school district is to be bounded and described as fol- lows : Accompanying this petition and made a part thereof, marked "Ex- hibit A," is an accurate plat of the territory of said district, and also accompanying the same is a statement of the total tax valuation of the same, certified by the auditor of county, marked "Ex- hibit B." Special School Districts, etc. — The above section provides several things : 1. How new districts may be established. 2. Present special school districts to remain as they are. 3. Ex- cept when they are incorporated cities, villages, then they shall become city or village districts. 4. Old officers shall remain in office until new officers are elected. Under the old law chapter five related to joint sub-districts ; under the new code there are no joint sub-districts. Section 3888, R. S., § 3, spe- cifically provides what shall constitute a special school district. The population does not seem to be an important element, but the tax valuation of its property is an essential. Procedure to Establish. — It must be formed of contiguous territory not within the limits of any incorporated city or vil- lage, and it must not be territory of another special district, Scott V. McCullough, 72 0. S., 538. nor of a centralized district, Fulks V. Wright. 72 O. S., 547. It must have a tax valuation of at least $100,000. The petition must be signed by not less than ten male electors of the proposed district; it must con- tain a description of the territory included in the proposed district, and must be accompanied with an accurate map of the same, and a total tax valuation thereof certified by the auditor, etc. § 43 GUIDE FOR OHIO SCHOOL OFFICERS. 50 Remonstrance. To the Honorable the Probate Judge of County, Ohio. The undersigned respectfully represent that they are citizens and electors of the territory described in a petition filed in this court by and others for the establishment of a special school district, and they remonstrate against the establishment of the same for the following reasons : and ask that the same be not established and the proceedings brought on said petition dismissed. . Reasons for Establishing, etc. — What shall be sufficient reason or reasons for the court to grant a new special school dis- trict the statute is silent. Neither is it clear who shall be heard to oppose or advocate it. None of the residents of the proposed district have a right to file a written remonstrance. But notice must be given to the clerks of all the boards of education that have territory in the proposed district. Are the interests of the residents of the proposed district to be alone considered, or must the question as to how the proposed special district will affect the school districts from which the special districts are taken, also be taken into consideration? The petition must be signed by the residents of the proposed district. The remonstrance likewise must be signed by such residents. If it is sought to abandon such district, § 50 (§ 3935), or if the board of such special district wishes to have the question of its continuance submited to a vote, only the electors of the spe- cial district are considered, and if a majority of such electors vote its discontinuance, it goes back to the various districts from which it came, no matter how it may affect such districts. The legislature has said that there shall be city districts, vil- lage districts, township districts and special districts, but from the fact that special districts can not be formed from territory in an incorporated city or village, this special district must be carved out of a township district, and the reason for such special district seems to be founded upon the idea that by the creation of the same the people of the proposed district will be enabled to have better school facilities than they had before, and therefore it would seem that the welfare of the people only of the proposed district is to be considered in the determination of the question whether or not the district should be estab- lished. And from the fact that home rule has always been favored in school matters, if the judge is satisfied that they will have merely as good schools as they now have, and no serious result occurred to the districts from which it is taken, it should be granted. But it would not be unwise to consider also what effect it will have on the remaining territory. If it 51 PROCEEDINGS IN PROBATE COURT. § 44 leaves it in such a condition tliat the proper edncation of the youth therein will be endangered, it ought not to be hastily granted. Unconstitutional.— That part of § 43 (§ 3928 R. S.), which attempts to preserve special school districts, which were created by special acts of the legislature, is special legislation, and un- der the recent rulings of the supreme court as that character of legislation can not be considered otherwise than as being un- constitutional and void. State v. Hickman, 27 C. C, 219 ; Bart- lett V. State, 73 0. S., 55. Such special districts being illegal and void, the territory therein will go back to the township board of education from which it was taken, and so will all the property therein, as well as the government of the school, but all contracts made before the law was declared unconstitutional by the board of educa- tion of such special school district are valid and binding upon the board that succeeds it. Beck v. Rocky River Bd of Ed., 14 Dec, 317. In such eases it would be proper to proceed as provided in § 3929 R. S. (§ 44), and have the special district re-established. § 44. [Further proceedings in probate court.] (§ 3929.) Upon the filing of a petition in the probate court for the es- tablishment of a special school district, the judge thereof shall fix a time for the hearing of the same, which shall be within sixty days of the filing thereof ; he shall thereupon cause to be published for four consecutive weeks, in two newspapers of op- posite politics, printed and of general circulation in the county where the petition is filed, notice of the filing of such petition and the time of the hearing thereon ; such notices shall also be mailed to the clerk or clerks of the board or boards of education having territory in the proposed special school district. The probate judge is authorized to hear and determine the question of the establishment of such special school district, may sub- pcpna and examine witnesses under oath, may change the boun- daries of the proposed special school district, shall fix and de- termine the amount of money due and payable to said special district from the surplus money in the treasury or in process of collection in the district or districts from which it was formed, or in case of the indebtedness of such district or districts, he shall determine the amount of money due and payable by the special school district to the district or districts from which it was formed, and in either case the amount so found due shall § § 45, 46 GUIDE FOR OHIO SCHOOL OFFICERS. 52 be [a] valid and binding obligation upon the board of education of such district or districts. The fees in cases involving the es- tablishment of special school districts shall be the same as in civil cases, and the jurisdiction of the probate court in such cases shall be exclusive. (97 v. 346.) Hearing, etc. — The judge must proceed as the statute di- rects, and, having given the notice required, proceed to hear the question whether or not the district should be established; he may change the boundaries and arrange the manner of division of funds, etc. There is no appeal from the pro- bate judge's decision, except in an indirect way. If the people of the special district are not satisfied they can have the matter submitted to a vote, under § 50 (§ 3935.) §45. [Boards of education in special districts; member- ship; election and term.] (§3930.) The board of education of special school districts shall consist of five members elected at large at the same time and in the same manner as the town- ship officers are elected, for the term of four years from the first Monday in January after their election or until their successors are elected and qualified. At the first township elec- tion held after the passage of this act, there shall be a board of education elected in all special districts as provided for herein, two to serve for two years, and three to serve for four years, and at the township election, held every second year thereafter, their successors shall be elected for the term of fotir years. Upon the organization of said boards, upon the succeeding first Monday in January after their election the previously existing boards of education of special school dis- tricts shall be thereby abolished and the newly elected and organized boards shall be their successors in all respects. (97 V. 346.) See matter under § 95 (§3987). §46. [Elections, how conducted.] (§3931.) Elections in special school districts shall be held by the regular election officers of the township in which such special districts are sit- uated, and if a special district is situated in two or more town- ships, the election shall be held by the election officers of the different townships for the electors residing in each township respectively. At least twenty days prior to the first election 53 SPECIAL SCHOOL DISTRICTS — ELECTION IN. § 47 held under this act, it shall be the duty of the clerk of the board of education of each special school district to notify the deputy supervisors of elections of the county in which the district is situated, or if said district be in two or more counties, he shall notify the deputy supervisors of each county of the names of the voting precincts having territory in such special school district, and the probable number of electors in each precinct, in order that said deputy supervisors shall be enabled to prepare ballots and election supplies and distrib- ute the same to the proper precincts, and in each precinct there shall be separate ballots, ballot boxes, poll-books and tally- sheets for each school district having voters therein. (97 V. 346.) § 47. [Election in newly created special district.] (§ 3932.) "When a special school district is created, a mass-meetng of the electors in such district shall be called by the posting of notices in five public places in the district, setting forth the time and place of said meeting and signed by at least three electors of the district. The electors assembled at said meeting shall elect a chairman and secretary and fix the time for holding the first election for members of the board of education, the time so fixed shall not be within twentj^-five days of the time of hold- ing said mass-meeting. The chairman and secretary of said meeting shall immediately post notices in five public places within the district, giving the date of the election, and shall notify the deputy state supervisors of elections as provided in § 3031 (§ 46) of the Revised Statutes of Ohio. The board thus elected shall organize on the second Monday after the elec- tion, and the term of the members shall be as indicated in §3930 (§45) of the Revised Statutes of Ohio, from the first Monday in January after the last preceding annual election for members of boards of education, or until their successors are elected and qualified. (97 v. 347.) Procedure, etc. Notice of Time of Election. Notice. Procedure, etc. — The statute does not say who shall put up these notices. It is presumed that there are some interested parties that will attend to this matter. This notice should state the object of the meeting, and might be in the following form : % § § 48, 49 GUIDE FOR OPIlO SCHOOL OFFICERS. 54 Notice. The electors of special school district, township, county, Ohio, will take notice that on the ...... day of 190.., at o'clock .. m., at a mass-meeting of the elec- tors of said special school district will be held for the purpose of fixing the time for holding the first election of members of the board of education of said district. Notice of Time of Election. The electors of special school district, township, county, Ohio, will take notice that at a mass-meeting of the electors of said school district on the day of , 190.., Monday, the day of , 190.., was fixed as the time when the election of members of the board of education of said special school district should be held. Chairman. Secretary. The time of election must be at least not less than 25 days after the mass meeting. §48. [Organization of board of education; president; clerk; regular meetings.] (§ 3933.) Boards of education of special school districts shall organize on the first Monday in January after the election of the board, by the election of one of their members president and the election of a clerk, who may or may not be a member of the board, the president to be elected for one year and the clerk to be elected for a term not to exceed two years ; and they shall fix the time of holding regular meetings. (97 v. 347.) See § 13 (§ 3897a), as to organization, committees, etc. § 49. [Board of education may provide for conveyance of pupils to school house.] (§3934.) Boards of education of special school districts are authorized to provide for the con- veyance of the pupils of said districts to the school or schools of the districts, the expense of said conveyance to be paid from the school fund of the special school districts; provided, how- ever, that boards of education of such districts as provide transportation for the pupils thereof shall not be required to transport pupils living less than one-half of a mile from 55 yPECIAL SCHOOL DISTRICTS — ABANDONMENT. § 50 the school house; transportation of pupils, in any event being optional with the board of education. (98 v. 267.) § 50. [Abandonment or continuance of special district, election for.] (§ 3935.) When a petition is signed by not less than one-third of the electors residing within the terri- tory constituting a special school district, whether created under the provisions of a general or special act, praying for the abandonment or continuance of such district, shall be pre- sented to the board of education of said district, or when said board shall, by a majority vote of the full membership of the board, decide to submit the question of abandoning or continuing the special school district, it shall be the duty of the board to fix the time of holding said election at either a special or general election, and the clerk of the board shall notify the deputy state supervisors of elections, as provided in § 3931 (§46) of the Revised Statutes of Ohio, of the date of such election and the nature of the same, and said super- visors of elections shall provide for the same. [Clerk to post notice.] The clerk of the board of education shall also post notices of said election in five public places within the district. If said election be submitted at a special election in a district situated in t"u^o or more election pre- cincts, the election shall be held at the precinct nearest the school house in said special district, by the election officers of the precinct, and all the electors of said district shall vote at said precinct. [District in two counties.] If the district is situated in two or more counties, the deputy state supervisors of the county in which said nearest election precinct is situated shall have charge of the election. If said question is submitted at a reg- ular election, it shall be conducted in the same manner as the election of members of the board of education. [Ballot.] The ballot shall be in the regular form, but without the circle at the top, and shall have printed thereon ''Abandonment of Special School District, Yes;" "Abandon- ment of Special School District, No;" or ''Continuance of Special School District, Yes ; " " Continuance of Special School District, No." as the case may be. [Expense.] The expense of said election shall be paid in the same manner as are other school election expenses, and § 50 GUIDE FOR OHIO SCHOOL OFFICERS. 56 returns of said elections shall be made to the board of ed- ucation of the special school district, and if more votes are cast for abandonment than against it, or against continuance than for it, said boards shall certify the result to the board or boards of education of the township or townships having territory in said special district, and the territory of said special district shall thereby revert to the township school dis- trict or districts from which it was originally taken, except as hereinafter provided for in the case of indebtedness of the special district. [When to remain a special district.] Otherwise said dis- trict shall continue to be and remain and be recognized and regarded as a legal special school district as theretofore con- stituted. The legal title of the property of the special school district shall in the event of abandonment or failure to con- tinue become vested in the board or boards of education of the township or townships in which such property is situated. And the school funds of said special district shall be paid into the treasury of the township district, and if said special district be in two or more townships, it shall be divided be- tween them in proportion to the total tax valuation of prop- erty in the several districts, but the abandonment of a special school district shall not be deemed complete until the board of education of said district shall have provided for the pay- ment of any indebtedness that may exist. (97 v. 348.) Sec. 3936. Repealed April 25, 1904. Sec. 3937. Repealed April 25, 1904. Sec. 3938. Repealed April 25, 1904. Sec. 3939. Repealed April 25, 1904. Sec. 3940. Repealed April 25, 1904. Sec. 3941. Repealed April 25, 1904. Sec. 3941a. Repealed 89 v. 96. Sec. 3942. Repealed April 25, 1904. Sec. 3943. Repealed April 25, 1904. Sec. 3944. Repealed April 25, 1904. Sec. 3945. Repealed April 25, 1904. Sec. 3946. Repealed April 25, 1904. Sec. 3946rt. Repealed 94 v. 64. Sec. 3947. Repealed April 25, 1904. Sec. 3948. Repealed April 25, 1904. Sec. 3949. Repealed 90 v. 76. Sec. 3950. Repealed April 25, 1904. Petition to Abandon, etc. Procedure to Abandon, etc. Procedure to Abandon, etc. — The board may, on its mo- tion, when a majority vote of its full membership so declare. 57 SPECIAL SCHOOL DISTRICTS — ABANDONMENT. § 50 and must, when a petition signed by one-third of the electors residing' within the district is filed with them, submit the ques- tion of continuance of said special school district to a vote of the electors of said district ; and they shall fix a time when the election is to be held, and certify this fact to the county election board. Women are not entitled to vote on this proposition. Petition to Abandon, Etc. To the Board of Education of the Special School District of Township, County, Ohio. The undersigned, comprising not less than one-third of the electors residing within the territory of said special school district , of township, county, Ohio, respectfully petition your hon- orable body to submit the question of abandonment of said special school district to the qualified electors of said district, and that you fix the time for holding said election, as provided in §50 (§3935 of the R. S.). GUIDE FOR pmO SCHOOL OFFICERS. 58 CHAPTER 6. SCHOOL FUNDS. Section. Section. §51 (3951) "The state common school fund" and "Ohio state uni- versity fund." §63 (3960) (3961) §52 (3951a) Ohio and Miami university fund; (3961a) (3962) admission of pu- §64 (3963) pils. §520 Repealed. (22&-2-3) Transfer of public funds. §65 (3964) §53 (3952) Interest upon pro- ceeds of salt and § 66 (3965) swamp lands. §54 (3952-1) Proceeds of sale of swamp lands to §67 (3966) go to common school funds; how funded, and interest distrib- uted. §55 (3953) The "common school fund." §68' '(3967) § 56 (3954) Accounts of com- mon school fund; how kept, etc. §69 (3968) §57 (3955) Bequests, etc., in trust for common school fund. §58 (3956) Apportionment of school funds by auditor of state. § 70 (3969) §59 (3957) To what county common school fund paid when county line di- vides original §71 (3970) surveyed town- ship. §60 (3958) Boards of educa- tion to make lo- cal tax levy. §72 (3970-1) §61 (395Sa) Levy of taxes for special school districts. §73 (3970-2) (3958-1) Repealed. (3958-2) Repealed. §74 (3970-3) §62 (3959) Maximum tax levy for school pur- poses; when §75 (3970-4) greater tax may be levied. Rate of levy to be certified to coun- ty auditor. Repealed. Repealed. Repealed. Tax levy and funds of district in two or more counties. Apportionment of school fund by county auditor. Distribut ion of money after ap- portionment. Apportionment of school fund by county auditor when county line divides original surveyed t o w n- ship. Certificate of ap- portionment by county auditor. Depositories for school funds, boards of educa- tion may provide. When a board of education fails to provide proper school facilities the county com- missioners shall act. County auditor to collect fines, etc., and inspect sec- tion sixteen ac- counts. Sinking fund, board of commissioners of. How sinking fund invested. Reiunding, renew- ing or extending bonded debt. Reports of sinking fund; how orders are drawn. 59 SCHOOL FUNDS. § 51 §51. [The state common school fund; tax levy for.] (§3951.) For the purpose of affording the advantages of a free education to all the youth of the state, there shall be levied annually a tax of one mill on the grand list of the tax- able property of the state, which shall be collected in the same manner as other state taxes, and the proceeds of which shall constitute ''the state common school fund," and for the pay- ment of interest on the irreducible or trust fund debt for school purposes, ten one-hundredths of one mill, said fund to be styled "the sinking fund." The rate for such levy shall he designated by the general assembly at least once in two years; and if the general assembly shall fail to designate the rate for any year, the same shall be one mill for the state common school fund and ten one-hundredths of one mill for the sinking fund. (98 v. 256.) CONSTITUTIONAL PROVISIONS. ARTICLE VI. [Funds for educational and religious purposes.] Sec. 1. "The principal of all funds, arising from the sale or other dis- position of lands, or other property, granted or intrusted to this state for educational and religious purposes, shall forever be preserved inviolate, and undiminished ; and, the income aris- ing therefrom shall be faithfully applied to the specific objects of the original grant, or appropriations." [School funds.] See. 2. "The general assembly shall make such provisions, by taxation or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state ; but no religious or other sect, or sects, shall ever have any ex- clusive right to, or control of, any part of the school funds of this state." Religious instruction, or the reading of the Bible in the pub- lic schools, is not required by the constitution. The board of education have the sole management of the schools, and the courts can not direct what instruction shall be given or what books read. (The Board of Education of Cincinnati v. Minor et al., 23 0. S., 211.) A requirement of a board of education that the Bible be read in the schools as an opening exercise can not be interfered with by the courts, and is not in violation of any constitu- tional rights. (John B. Nessle et al. v. R. W. Huiji et al., 1 N. P., 140.) § 52 GUIDE FOR OHIO SCHOOL OFFICERS. ' 60 It is an unlawful diversion of the school funds of the state of Ohio for a board of education to authorize the teaching of religion as a regular branch of study. (Attorney-General.) See § 92, reading Bible in schools. See § 81, as to taxation. § 52. [Repeals.] Sec. 10. That sections 3951a and 3951& of the Revised Statutes of Ohio and sections 3, 4, 5 and 6 of an act entitled, ''An act to establish normal schools at Ohio Uni- versity at Athens, and at Miami University at Oxford, and to provide for the appointment of a commission to investigate and report upon the need and advisability of the future es- tablishment by the state of one or more additional normal schools, and to consider in what manner and to what extent existing educational institutions other than those now sup- ported by the state can be made more active in the better training of persons for service in the public schools," passed March 12, 1902, be and the same are hereby repealed. (98 v. 312.) [Transfer of public funds.] Sec. 225-2. That the county commissioners of any county, infirmary directors of any county or municipality, the township trustees of any town- ship, the board of education of any school district, the council or other board or body having the legislative power of any municipality and the trustees of any hamlet, shall have power to transfer the public funds under their respective su- pervision, from one fund to another, in the manner herein- after provided, which shall be an additional procedure to all other now provided by law. (95 v. 371.) [Petition to be filed in common pleas court.] Sec. 226-3. "Whenever a majority of officers or of the members of any board aforesaid named desire to transfer any fund to any other fund, or to a new fund to be created, under their respective supervision, and a resolution of such officers or board shall have been duly passed declaring the necessity therefor, such officers or board shall file a petition in the court of common pleas of the county in which such funds are held, in which shall be set forth the name and amount of the fund or funds to which it is desired to be transferred, a copy of said resolution and a full statement of the proceedings per- 61 SCHOOL FUNDS — TRANSFER OF. § 52 taining to its passage, and the reason or necessity for such transfer, upon such petition being filed, [Notice of filing, etc.] The petitioner shall cause notice of the filing of said petition, the objects and prayer thereof, and of the time when said petition will be for hearing, to be given by one publication in two newspapers, of opposite politics, having a general circulation in the territory to be effected by such transfer of funds, preference to be given to such news- papers as are published within such territory, but if there shall be no such newspapers published or having a general circulation within such territory, then such notice shall be given by posting the same in t^ of the most conspicuous places within such territory for such period of four weeks : [Hearing and decree of court.] Said petition may be heard at the time stated in said notice, or as soon thereafter as it shall be convenient for the court to hear the same, but said cause shall be heard, upon request of the petitioners, in pref- erence to all other cases on the docket. Any person or persons objecting to the prayer of such petition, shall file their objec- tions in said cause on or before such time fixed in said notice for hearing, and they shall be entitled to be heard. If, upon the hearing, the court shall find that the notice has been given, as herein required, that the petition states sufficient facts, and that there are good reasons, or that a necessity exists for such transfer, and no injury will result by granting the prayer of such petition, it shall grant the prayer of the petition and order the petitioners to make such transfer, and a copy of the findings, orders and judgments of the court shall be certified by the clerk and spread upon the records of the officers or board who are petitioners, and upon the same being done such petitioners may make the transfer of funds as directed therein. [Costs.] And such petitioners shall pay all of the costs of such proceedings, except when objections are filed, the court may order such persons objecting to pay all or such portion thereof as may be just and equitable. [Appeal.] Said petitioners or any person or any number of persons filing objections to such petition, may appeal said cause to the circuit court of said county, and the proceedings for such appeal shall be the same as provided for appeals from the common pleas to the circuit court in other cases, and when § 52 GUIDE FOR OHIO SCHOOL OFFICERS. 62 said cause shall be appealed, the circuit court shall have the same power and make the same orders, and all proceedings therein shall be had, as herein provided for in the court of common pleas, except upon such appeal, the question of costs shall be within the discretion of said court; and such cause may be reviewed on error in the supreme court. (95 v. 371.) Comments. Form of Petition. Procedure. Notice of Filing. Eesolution. Form of Notice. Procedure in Court of Com- Hearing of Petition, mon Pleas. Form of Entry. Procedure. — The first requisite in a transfer of funds as provided for by law is the passage of a resolution by the board of education, indicating that it is expedient and neces- sary so to do in the opinion of the board. In order for such a resolution to be legally passed by the board of education a majority of the members of such board must be in favor there- of, and not a mere majority of those present or voting on such resolution. It would be advisable to have a called aye and nay vote. The resolution might be in the following form : Form of Resolution. Whereas, by reason of (here state cause) the fund of this board of education has become depleted, and it is necessary (here state reason) that there be added to said fund the sum of $ Whereas, there is now tlie sum of in the fund of this board of education whicli is not appropriated for other pur- poses, therefore. Be it resolved, by this board of education that the sum of $ be transferred from the fund to the fund, and that it is necessary to make such transfer for the following reasons : Resolved, further, that the president of this board be authorized and directed to file a petition in the court of common pleas of this county as directed by law, authorizing the transfer of said funds, and that he be authorized to do all things necessary thereto, procuring legal counsel if necessary. Procedure in Court op Common Pleas. — The above reso- lution having been passed by a majority vote of the members, the next thing in order is to file a petition in the court of common pleas to secure the consent of the court to such an order. The following might serve as a form of petition : 63 PETITION FOR TKxVNSFEK OF SCHOOL FUNDS. § 5S Form of Petition. In the Matter of the Application for Transfer of Funds ly the Board of Education of School District. The undersigned respectfully represents that at a regular meeting of the board of education of school district on the day of a resolution, a certified copy of which is hereby attached and marked "Exhibit A," was passed by a majority vote of all the members of said board, said resolution declaring that it is necessary to transfer the sum of $ from the fund to the fund. That it is necessary to make transfer for the following reasons: Wherefore the petitioner asks that such proceedings may be taken in the premises as is authorized by law. State of Ohio, County, A. B., being first duly sworn, says that he is the president of the board of education of school district, and that the allegations in the above application are true as he verily believes. Sworn to and subscribed before me and in my presence this day of Notice of Filing. — -The petition having been filed, it i? necessary that a notice of such filing containing the objects and prayer of the petition, and the time when the same will be for hearing shall be given by publication in two newspapers of opposite politics, having a general circulation in the terri- tory to be affected by such transfer of funds. If there is no such paper a notice can be given by posting the same in ten of the most conspicuous places within such territory for the period of four weeks. This notice may be in the following form: Form of Notice. To Whom it May Concern: Notice is hereby given that on the day of there was filed by the board of education of school district in the court of common pleas of county, for the purpose of transferring the ^um of $ from the fund to the fund, and praying Ihat the court might order the said board of education to make such transfer; that said petition will be for hearing on the day of , or as soon thereafter as it shall be convenient for the court to hear the same. Hearing of Petition.— If any person so chooses, they may file objections to the granting of such petition, and the court would proceed to hear it in the regular way, and if the court finds that the notice has been given as required, and that the § § 53, 54 GUIDE FOR OHIO SCHOOL OFFICERS. 64 petition states sufficient facts, and that there are good rea- sons for such transfer, and no injury will result by the grant- ing the prayer of the petition, the court will order the pe- tioning board to make such transfer. The following might serve as an entry: Form of Entry. In the Matte}' of the Application for Transfer of Funds hy the Board of Education of the School District. This day this matter came on to be heard upon the petition and testimony and was submitted to the court. Whereupon the court finds that notice of the filing of said petition, the objects and prayer thereof and the time when the same will be for hearing has been given as required by law; that the petition states sufficient facts, and that there are good reasons, and that a necessity exists for such transfer, and no injury will result by granting the prayer of said petition. Wherefore it is ordered that said board of education of school district is authorized to transfer the sum of $ from fund to fund. And it is further ordered that a copy of these findings, orders and judgments shall be certified by the clerk to the said board of education and that said board shall spread the same upon its records; that the costs herein, taxed at $ , be paid by said board of education. § 53. [Interest upon proceeds of salt and swamp lands.] (§ 3952.) The state shall pay interest annually, at the rate of six per cent, per annum, upon all money which has been paid into the state treasury on account of sales of lands com- monly called ' ' salt lands, ' ' and upon all money heretofore paid, or which may hereafter be paid into the state treasury on ac- count of sales of swamp lands granted to the state of Ohio by act of congress ; the money received from such sales shall con- stitute an irreducible debt of the state ; and the interest shall be apportioned annually on the same basis as the state common school fund is apportioned, and distributed to the several coun- ties as provided in section thirty-nine hundred and' fifty-six. (§ 58.) (70 V. 195, § 132; 49 v. 40, § 1; S. & C, 1338.) The irreducible debt of Ohio now amounts to about $1,000,- 000, and there has been added by bequests, etc., about $500,000, so that now there is an assured annual fund of $90,000 from this source to be applied to school purposes. § 54. [Proceeds of sale of swamp lands to go to common school funds; how funded, and interest distributed.] (§ 3952-1.) The net proceeds that may hereafter be paid into 65 COMMON SCHOOL FUND. §§55,56 the state treasury, from the sales of swamp lands granted to the state of Ohio by act of congress passed September 28, 1850, be and the same is hereby appropriated to the general fund for the support of common schools; and the state of Ohio is hereby pledged to pay the interest, annually, on any and all sums of money which may be paid into the state treas- ury, from the sales of said lands, from the receipt of such money into the treasury aforesaid; and the interest arising as aforesaid shall be funded, annually, until the first day of January, in the year eighteen hundred and fifty-five; after which time the interest shall be annually distributed to the several counties in this state, in proportion to the number of male inhabitants above the age of twenty-one, as the law shall be ascertained for the apportionment of representatives; and the proportion of interest due to each and every such county shall be distributed for the support of common schools, in the respective counties, in the manner prescribed in the ''act to provide for the support and better regulation of common schools." (1883, March 5; 80 v. 39; E. S. 1880; 49 v. 40; S. & C, 1338.) §55. [The "common school fund."] §3953.) The money which has been and may hereafter be paid into the state treas- ury on account of sales of lands granted by congress for the support of public schools in any original surveyed township, or other district of country, shall constitute the "common school fund," of which the auditor of state shall be super- intendent, and the income of which shall be applied exclu- sively to the support of common schools, in the manner des- ignated in this chapter. (70 v. 195 ; §§ 127, 128 ; S. & C, 1335.) See § 53 (§3952, R. S.). §56. [Accounts of common school fund; how kept, etc.] (§ 3954.) The common school fund shall constitute an irre- ducible debt of the state, on which the state shall pay interest annually, at the rate of six per cent, per annum, to be computed for the calendar year, and the first computation on any pay- ment of principal hereafter made to be from the time of pay- ment to and including the thirty-first day of December next succeeding; and the auditor of state shall keep an account of §§57,58 GUIDE FOR OHIO SCHOOL OFFICERS. 66 the fund, and of the interest which accrues thereon, in a book or books to be provided for the purpose, with each original surveyed township and other district of country to which any part of the fund belongs, crediting each with its share of the fund, and showing the amount of interest thereon which ac- crues and the amount which is disbursed annually to each. (70 V. 195, §§ 128, 129; S. & C, 1335.) See § 53, as to amount of irreducible debt. § 57. [Bequests, etc., in trust for common school fund.] (§ 3955.) When any grant or devise of land, or any donation or bequest of money or other personal property, is made to the state of Ohio, or to any person, or otherwise, in trust for the common school fund, the same shall become vested in said fund; and when the money arising therefrom is paid into the state treasury, proper accounts thereof shall be kept by the au- ditor of state, and the interest accruing therefrom shall be applied according to the intent of the grantor, donor, or de- visor. (70 V. 195; § 131; S. & C, 1336.) § 58. [Apportionment of school funds by auditor of state.] (§ 3956.) The auditor of state shall apportion the state com- mon school fund to the several counties of the state semi-an- nually, upon the basis of the enumeration of youth therein, as shown by the latest abstract of enumeration transmitted to him by the state commissioner of common schools. [February settlement.] Before making his February settle- ment with county treasurers he shall apportion such amount thereof as he shall estimate to have been collected up to that time, and, in the settlement sheet which he transmits to the auditor of each county, shall certify the amount payable to the treasurer of his county; before making his final settlement with county treasurers each year, he shall apportion the re- mainder of the whole fund collected, as nearly as the same can be ascertained, and in the August settlement sheet which he transmits to the auditor of each county shall certify the amount payable to the treasurer of his county; in each Feb- ruary settlement sheet he shall also enter the amount of money payable to the county treasurer on the apportionment of in- terest specified in section thirty-nine hundred and fifty-two 67 treasurer's settlement of funds, §§ 59, 60 (§ 53] , he shall also enter in each February settlement sheet the amount of money payable to the county treasurer on ac- count of interest for the preceding year on the common school fund, and designate the source or sources from which the in- terest accrued ; he shall transmit with each February settle- ment sheet a certified statement, showing the amount of in- terest derived from the common school fund payable to each original surveyed township or other district of country within the county. [Treasurer's settlement.] And the treasurer of each county shall, at each semi-annual settlement with the auditor of state, retain in the county treasury, from the state taxes collected by him, the amount of the funds herein mentioned shown by the settlement sheet of the auditor of state to be payable to him at that time ; but if such amount for any county exceeds the amount of state taxes collected therein, the auditor of state shall draw an order on the treasurer of state, in favor of the treasurer of such county, for the balance of school funds due his county, and transmit the same to such county treasurer, and the treasurer of state shall pay such order upon its pre- sentation to him. (70 v. 195, §§ 120, 130; S. & C, 1359.) § 59. [To what county common school fund paid when coun- ty line divides original surveyed township.] (§ 3957.) If parts of an original surveyed township or fractional township are situate in two or more counties, the amount of interest on common school fund due to such township shall be paid in the manner provided in the last section, to the treasurer of the county wherein the greatest relative portion of such township is situate ; but if it be uncertain in which county such portion is situate, the amount of interest due to such township shall be paid to the treasurer of the oldest county in which any part of the township is situate. (70 v. 195, § 130.) § 60. [Board of education to fix rate of taxation necessary to be levied after state funds are exhausted.] (§ 3958.) Each board of education shall, annually, at a regular or special meet- ing held between the third Monday in April and the first Mon- day in June, fix the rate of taxation necessary to be levied for all school purposes, -after the state funds are exhausted. § 61 GUIDE FOR OHIO SCHOOL OFFICERS. 68 [Levy to be divided into four funds.] Said levy shall be di- vided by the board of education into four funds, namely, first, -tuition fund; second, building fund; third, contingent fund; fourth, bonds, interest and sinking fund, and a separate levy shall be made for each fund. (98 v. 248.) Sec. 8958a. Repealed April 25, 1904. Sec. 3958-1. Repealed April 25, 1904. Sec. 3958-2. Repealed April 25, 1904. Resolution, etc. Resolved, by the board of education of school district, the rate of taxation for all school purposes after the state funds are exhausted, be , said levy be divided as follows: Tuition fund $ Building fund $ Contingent fund $ Interest and sinking fund $ and that the same be certified to the auditor on or before the first Monday in June. Comments. — See decision in Saunders v. State of Ohio, 2 C. .C, 75, under §3967 (§68). "A notice, by a clerk of a board of education, of a tax voted by the board, to build a school house, delivered to the auditor on the 11th day of June, is sufficient authority to the auditor for carrving the tax into his duplicate." (II Western Law Monthly, 589.) It is a general rule that statutes, so far as they limit a time for the performance of an act by a public officer, for the pub- lic benefit, are merely directory, when the time is not the es- sence of the thing to be clone, unless there are negative words, and the act is valid if done afterwards. Tuition from non-resident pupils is to be paid to the board of education, and disbursed like other contingent funds. Neither the teacher nor the directors have any authority to retain or to pay out such funds. Neither is the clerk the proper custodian of such funds. See clerk. The term "Contingent Fund" is used to designate the local levy, because the amount of it is contingent on the difference be- tween the wants of the district and the amount of state funds received. It includes both the amount levied for the payment of teachers, and that for building, repairs and other expenses. The language of this section and that of § 68 (§ 3967) seems to imply that the state funds are to be used only for the pay- ment of teachers. § 61. [Levy of taxes for special school districts.] (3958a.) Provided that in all eases of special school districts, now ex- 69 SCHOOL FUNDS — LEVY FOR SPECIAL SCHOOL DISTRICTS. § 61 isting or that maj^ hereafter be created, h^ing wholly within one civil township, and in cases where the special school dis- trict lies in and is part of two or more civil townships of the same or different counties, and in all cases where there are two or more special school districts lying wholly or partly within one civil township, there may be levied a tax for school purposes, not exceeding six mills, on the duplicate of all the taxable property in such township and lying outside of all city and village school districts that may be therein, which levy shall be made when a petition in writing signed by two-thirds of the electors of said civil township is filed with the clerk of the board of education of such township by a joint board con- sisting of the board of education of that township and of the board of education of the special school district, or of the board of education of that township and of the boards of ed- ucation of the special school districts as the case may be, act- ing in joint session, at a meeting or meetings to be called for that purpose, by the president of the board of education of the township between the third Monday in April and the first Mon- day in June of each year ; or, if said boards fail to meet as afore- said, or fail to agree and make a levy as herein provided, then such levy shall be made by the county commissioners on the application of either board. [How funds divided.] The funds raised from such levy shall be divided between the board of education of the township and of the special school district, or between the board of educa- tion of the township and the boards of education of the special school districts, as the case may be, in proportion to the num- ber of children of that township of school age living Jn the township outside of the special school district or districts, as the case may be. In addition to this general levy made by the joint boards, either board may levy an additional tax not to exceed six mills, on the duplicate of all the taxable property within its own territory ; the funds arising from this additional levy to be used only for the schools within the territory where such additional levy is made ; and provided further that in event the levy so made by said boards is inequitable to either, or insufficient to provide funds for and maintain the schools in either the township or special school districts, then either board may appeal to the county commissioners of the county § 62 GUIDE FOR OHIO SCHOOL OFFICERS. 70 in which the township is situated to adjust and make said levy ; and said commissioners may then make such levy, not exceed- ing six mills, for the purposes named in this section, as they may deem just and equitable and sufficient to provide for and maintain the schools in said township and school districts ; and provided further, that in the event either of said boards of edu- cation meet to fix a levy for school purposes, as provided in section 3958 (§ 60), before the levy is fixed by the joint board as herein provided, and the levy so made by said board of education, acting independently, is more than six mills on the dollar of valuation of taxable property in its school dis- trict, then the excess of the levy so made over and above the six mills shall be subject to division in proportion and manner as provided in this section, between the township and special districts. (98 v. 248.) §62. [Maximum levy.] (§3959.) The local tax levy for all school purposes shall not exceed twelve mills on the dollar of valuation of taxable property in any school district, and in city school districts shall not be less than six mills, but said levy shall not include any special levy for a specified purpose, provided for by a vote of the people. [Greater tax may be levied if authorized by vote of people.] A greater or less tax than is authorized herein may be levied for any or all school purposes, and any board of education is authorized to make an additional annual levy of not more than five mills for anj^ number of consecutive years not exceeding five, if the proposition to make such levy or levies shall have been submitted, by the board of education, to a vote of the electors of the school district, under a resolution prescribing the time, place and nature of the proposition to be submitted, an'cl approved by a majority of those voting on the proposition. [Notice of election.] Notice of such election must be given by publication of the resolution for three consecutive weeks prior thereto in some newspaper published and of general cir- culation in the district, or hy posting copies thereof in five of the most conspicuous places in the district for a like period, if no such paper is published therein. (98 v. 127.) Vote on Higher Rate, etc. — It is not likely to be very often that a higher rate is needed than the law provides, but 71 SCHOOL FUNDS — AMOUNT OF LEVY. § 63 if it is needed the matter is to be submitted to a vote of the people of the district. The board shall first pass a resolution to submit the matter. This resolution must fix the time, place and nature of the proposition to be submitted. In order for it to pass it must be approved by a majority of those voting on the proposition. Unless the statute so provides, no election other than for public officers is held under the general election law. The election, then, in this case, would be held at the place in- dicated under direction of the school board. The law must be strictly complied with. Probably the method followed in elec- tion of a school director could be pursued, and forms there given could be used. See § 36 (§ 3921a). See also forms for issue of bonds, §100 (§3992). After the vote is taken and the result allows the highest rate to be made, a certificate of the rate then fixed should be filed with the auditor. § 63. [Amount of levy to be certified to county auditor.] (§ 3960.) The amount of the levy fixed by the boards of edu- cation under sections thirty-nine hundred and fifty-eight (§ 3958) (§ 60), thirty-nine hundred and fifty-eight a (§ 3958a) (§ 61), and thirty-nine hundred and fifty-nine (§ 3959) (§ 62), shall be certified to the county auditor in writing, on or before the first Monday in June of each year by the boards of educa- tion, and on or before the first Monday in August of each year by the county commissioners when the levy is made by them, who shall assess the entire amount upon all the taxable prop- erty of the district, and enter upon the tax duplicate of the county, and the county treasurer shall collect the same at the time and in the same manner as state and county taxes are collected, and pay it to the treasurer of the district upon the warrant of the county auditor ; and unless the county treasurer is paid a fixed salary he shall receive one per centum on all money so collected, and no more. (98 v. 249, 97 v. 349.) Sec. 3961. Repealed April 25, 1904. Sec. 3961a. Repealed April 25, 1904. Sec. 3962. Repealed April 25, 1904. Certificate of Annual School Levy. Form Prescribed by Bureau of Inspection and Supervision of Public Officers. To the Auditor of County: It is hereby certified by the board of education of school district, county, that the entire amount necessary to be levied § 64 GUIDE FOR OHIO SCHOOL OFPICEBS. 72 upon the property of said school district for school purposes, during the next school year, as directed by section 3958 R. S., is as follows: For tuition fund mills. $ For building fund mills. $ For contingent fund mills. $ For bonds, interest and sinking fund ..... .mills. $ For mills. $ By order of the Board of Education. , Clerk, , Ohio, , 19.. Boards of education required to certify levy for building and other purposes, to the countv auditor, in addition to the lew provided in §§ 62 (3959), 63 "(3960) ; see § 100_ (§ 3992). Where a board of education certifies an estimate of a school tax to the county auditor, who places the same on the tax list in a reduced form, a citizen and taxpayer of the school district who, five months thereafter, seeks by mandamus on his own relation, to compel the auditor to place the original estimate on the tax list, must satisfy the court that the board of educa- tion did not consent to the reduction. (The State v. Cappel- ler 39 0. S., 455.) See decision in 2 C. C, 475, under § 68 (§ 3967). As to apportionment of funds and distribution of moneys to proper funds, see §68 (§3967, R. S.). County commissioners to act as board of education in case the latter neglects to perform its duty, see § 70 (§ 3969). See note in regard to filing certificate under § 60 (§ 3958). § 64. [Tax levy and funds of district in two or more coun- ties.] (§ 3963.) When a school district is composed of terri- try in two or more counties the rate of taxation shall be ascer- tained by the board of education of such district and shall be certified to the auditors of the several counties and such county auditors shall place the same on the tax duplicate and the same shall be collected as provided in section thirty-nine hundred and sixty (§ 63) of the Revised Statutes of Ohio. The funds belonging to a district composed of territory in more than one county shall be paid by the treasurers of the other counties to the treasurer of the county having the great- est tax valuation in said district ; the auditor of the other coun- ties shall make settlement on account of such funds with the auditor of the county having said greatest tax valuation; and the treasurer of the district shall make the settlement required by section thirty-nine hundred and sixty-six (§ 67) of the Re- vised Statutes of Ohio, with such auditor. (97 v. 350.) 73 APPORTIONMENT OF SCHOOL FUNDS. §§ 65, 66 § 65. [Apportionment of school fund by county auditor.] (§ 3964.) Each county auditor shall, immediately after each annual settlement with the county treasurer, apportion the school funds for his county ; the state common school fund shall be apportioned in proportion to the enumeration of youth in each of the several school districts within the county, but if an enumeration of the youth of any district has not been taken and returned for any year, such district shall not be entitled to receive any portion of said fund; the local school tax collected from the several districts shall be paid to the districts from which it was collected; money received from the state on account of interest on the common school fund shall be apportioned to the school districts and parts of schooJ. dis- tricts within the territory designated by the auditor of state as entitled thereto, in proportion to the enumeration of youth therein, and all other money in the county treasury for the support of the common schools, and not otherwise appropriated by law, shall be apportioned annually in the same manner as the state common school fund. (97 v. 350.) The auditor's duty to apportion the state common school fund among the districts, according to the number of youth, is not excused by his inability to apportion other funds. His failure to apportion such funds does not authorize the town- ship school board to treat it as a contingent fund and appor- tion it at discretion. Hence, the indebtedness of the township board for building school houses in an amount exceeding all the funds is no defense to a salary order of a teacher in a sub- district, entitled to one-fourth of the state common school fund, its contingent fund being exhausted. (State v. Zeeb, 9 C. C, 13.) § 66. [Distribution of money after apportionment.] (§ 3965.) The auditor shall immediately after such apportionment is made, enter the same in a book to be kept for that purpose, and furnish a certified copy of the apportionment to each school treasurer and clerk of his county ; and he shall give to each of such treasurers an order on the county treasurer for the amount of money payable to him, and take his receipt therefor. (70 V. 195, § 120.) Boards of education can leave school moneys in county treasury and draw the same from time to time in amounts of not less than one hundred dollars ; see § 1122, R. S. §§67,68 GUIDE FOR OHIO SCHOOL OFFICERS. 74 County auditors shall in no case permit treasurer to have in his hands school funds amounting to more than one-half the amount of his bond; see § 4048 (§268). § 67. [Apportionment of common school fund by county- auditor when county line divides original surveyed township.] (§ 3966.) When an original surveyed township or fractional township is situate in two or more counties, and the land granted thereto by congress for the support of public schools has been sold, the auditor of the county, to whose treasurer the interest on the proceeds of such sale is paid, shall apportion such interest to the counties in which such township is situate, in proporton to the youth of the township enumerated in each ; such auditor shall certify to the auditor of each of the other counties the amount so ascertained to belong to the part of the township situate in his county, and transmit to the treas- urer of each of such counties an order on the treasvirer of his own county for such amount; and the auditor of each county shall apportion the amount of such interest belonging to the part of the township in his cou^nty, to the district or parts of districts entitled thereto, in proportion to the enuemration of youth therein, and certify and pay the same to the proper school officers, as provided in the preceding section. (70 v. 195, §§121, 122; 72 v. 63, §36.) § 68. [Certificate of apportionment by county auditor.] (§ 3967.) The certificate of apportionment furnished by the county auditor to the treasurer and clerk of each school dis- trict shall exhibit the amount of money received by each district from the state, the amount received from any special tax levy made for a particular purpose as well as the amount received from local taxation of a general nature; the amount received from the state common school fund and the common school fund shall be designated the ''tuition fund" and shall be appropriated only for the payment of superintendents and teachers ; the funds received from special levies shall be desig- nated in accordance with the purpose for which the special levy was made and shall be paid out only for such purpose, but when a balance remains on [in] such fund after all ex- penses incident to the purpose for which it was raised shall have been paid, such balance shall become a part of the contingent 75 DEPOSITORIES FOR SCHOOL FUNDS. § 69 Apportionment of Funds. — The amount of funds apportioned to any sub-district for school purposs in any one year can not be increased or diminished by reason of any deficit or surplus in the funds previously apportioned to that sub-district or to any other sub-district. (Saunders, Treas., v. State of Ohio, 2 C. C, 475.) As to what constitutes the contingent fund, see §60 (§3958). Inasmuch as the larger sub-districts receive more of the state funds than the smaller sub-districts, the latter ought to receive proportionately more of the township tuition fund than the former. If, however, the larger sub-districts contain two or more schools, or actually require more tuition money than the smaller to sustain their schools an equal length of time, they are entitled to more. In the larger sub-districts township boards of education may, in some instances, be obliged to pay higher wages than the smaller. The intention of the law is to require boards of educa- tion to provide the necessary funds, all the circumstances being duly considered, for continuing the schools of the several sub- districts an equal length of time. The adding together of the state and contingent funds, and then dividing the sum equally among the several sub-districts, as is so frequently done by township boards, is not a compliance with either the letter or the spirit of the law. An equal di- vision, except in rare instances, can not be an equitable di- vision. § 69. [Depositories for school funds, boards of education may provide.] (§ 3968.) The board of education of any school district shall have authority to provide by resolution for the deposit of any or all moneys coming into the hands of the treasurer of the board. [Amount that may be deposited in any one bank.] Pro- vided, however, that no bank shall receive a larger deposit than the amount of its paid-in capital stock, and in no event to exceed three hundred thousand dollars ($300,000.00). In school districts containing two or more banks such deposit shall be made in the bank or banks, situated in that district, that shall offer at competitive bidding the highest rate of interest which in no case shall be less than two per cent, for the full time the funds or any part thereof are on deposit, and such bank or banks shall give a good and sufficient bond of some approved guarant}^ company in a sum at least equal to the amount deposited, and it shall be the duty of the treas- § 69 GUIDE FOR OHIO SCHOOL OFFICERS. 76 urer of the school district to see that a greater sum than that contained in the bond is not deposited in such bank or banks, and said treasurer and his bondsmen shall be liable for any loss occasioned by deposits in excess of such bond; the board shall determine in such resolution the method by which such bids shall be received, the authority which shall receive them, the time for which such deposits shall be made and all details for carrying- into effect the authority herein given, but all such pro3eedings in connection with such competitive bidding and deposit of such moneys shall be conducted in such a manner as to insure full publicity and shall be open at all times to public inspection; if in the opinion of a board of education there has been any collusion between the bidders, said board may reject any or all bids and may provide for the deposit of funds in a bank or banks without the district as hereinafter provided for in districts not having two or more banks located therein. [School districts containing- but one bank.] In all school districts containing less than two banks the board of educa- tion may, after the adoption of a resolution providing for the deposit of its funds, enter into a contract with one or more banks that are conveniently located and offer the highest rate of interest, which shall in no case be less than two per cent, for the full time the funds or any part thereof are on deposit, and said bank or banks shall give good and sufficient bond of some approved guaranty company in a sum at least equal to the amount deposited, and it shall be the duty of the treas- urer of the school district to see that a greater sum than that contained in the bond is not deposited in such bank or banks, and said treasurer and his bondsmen shall be liable for any loss occasioned by deposits in excess of such bond ; said resolu- tion and contract shall set forth fully all details necessary to carry into effect the authority herein given and all proceed- ings connected with the adoption of said resolution and the making of said contract shall be conducted in such a man- ner as to insure full publicity and shall be open at all times to public inspection. "When a depository is provided as au- thorized herein and the funds are deposited therein, the treas- urer of the school district and his bondsmen shall be relieved of any liability occasioned by the failure of the bank or banks 77 MAKING DEPOSITS OF SCHOOL FUNDS. § 69 of deposit or by the failure of the guaranty company acting as surety for such bank or banks or by the failure of either of them, except as herein provided in cases of excessive de- posits. (97 V. 351.) • Making Deposits, etc. Form of Resolution. When there are Two Banks. Note. Where there are not Two Form of Resolution. Banks in the School Dis- Note. trict. Form of Resolution. Duty of Treasurer. Making Deposits, etc. — The above section makes it discre- tionary with the board of education whether or not funds shall l3e deposited in certain banks. However, if the board of education once decides to make the deposits, then it be- comes mandatory on them to follow the provisions of the statute. It will be observed that there are two limitations placed upon the amount that may be put in any one bank. First, it must not exceed the amount of its paid-in capital stock, and the words "capital stock" here do not necessarily mean that the bank must be incorporated, but that it must have so much paid-up capital, and the amount to be deposited must not exceed that sum. and the second limitation is that it shall not exceed $300,000. When There are Tw^o Banks. — Where there are two banks, located in the school district, the law favors them in this, that if there is no collusion between these two banks, the money must be deposited in that one which is the highest bidder. If, however, there should be any collusion, then the same course is taken as if there w^ere no two banks within the school district. The statute limits or gives a minimum rate for which a bid may be accepted, to wit, two per cent. Further, the board shall determine by its resolution the method by which bids should be received and all the details of carrying out the proceedings connected therewith. Where There are Not Two Banks in the School District. — If there are less than two banks in a school district, or if there has been collusion between the two banks located in the district, then the board is authorized to enter into a con- tract with one or more banks that are conveniently located and which offer the highest rate of interest. In the above case a bond must be given and approved by a guaranty com- pany in a sum at least equal to the amount deposited. Duty of Treasurer. — It is the duty of the treasurer to see that at no time is the amount on deposit in any bank in ex- § 69 GUIDE FOR OHIO SCHOOL OFFICERS. 78 cess of the bond of such bank, and if the treasurer so exer- cises his duty, he and his bondsmen will not be liable for a failure of the bank. The following might serve as a form of resolution. It seems that unless some member of the board demands the ayes and nays that there need not be that kind of a vote upon such a resolution, and that a majority of a quorum would be sufficient to carry the proposition. Form of Resolution. It is hereby resolved by the board of education of school district, township, county, Ohio, that the school funds in the control of the treasurer be deposited in certain banks, as pro- vided by § 3968 of the Revised Statutes. Resolved, further, that there being two banks situated within this district, that the said deposit shall be made in that bank that shall offer the highest rate of interest, which said rate shall in no case be less than two per cent, of the full amount that at any time may be on deposit; and it is further ordered that no deposit shall be made in any bank until a good and sufficient bond, to be hereafter approved by this board of education, be given in a sum at least equal to the deposit that may be made in such bank, and it is further ordered that the clerk of this board shall give notice to the banks situated in this school district that on the day of , at the office of this board the privilege of such deposit will be sold to the bank bidding the highest rate of interest therefor. That the bank bidding therefor may bid openly at such time, or may send sealed bids to the clerk of this board, which bids will be opened at that time, and if there is no collusion between any of the bidders, the board will accept the bank making the highest bid. Otherwise, the board reserves the right to reject any and all of such bids. Note. — This form of resolution can be very easily changed to the case where there are not two banks within the school district. After the bids have been opened and there being no collu- sion in the case of two banks, situated in the school district, the board should, by resolution spread on its minutes, accept the bid of the person or bank making the highest bid, and the board in such cases would have no right to make an or- der giving a part of the money to one bank and giving the remainder to another bank which had bid a lower sum. (State ex rel. v. Madison Township, 15 Dec. 721.) And the final resolution might be in the following form : Form of Resolution. Resolved, by the board of education of school district, county, that the bid of bank, for the privilege of receiving the deposits of this school board, the same having been per cent., and not less than two per cent, for the full time the funds are on deposit, be and the same is hereby accepted, and it is further ordered that said bank shall give a good and sufficient bond in some approved 79 WHEN COUNTY COMMISSIONERS SH.iLL ACT. § 70 guaranty company in the sum (the same being not less than the amount on deposit. Note. — If the bank should present its bond at the same time, the resolution might proceed as follows: Form of Resolution. Resolved, further, that as the said bank has herein filed its •bond in the sum of $ , with the surety company, as surety thereon, the said bond is approved and the same is accepted, and it is ordered that the treasurer of this board of education place the deposits belonging to this board in said bank in a sum at no time exceeding the amount of said bond. § 70. [When a board of education fails to provide proper school facilities the county commissioners shall act.] (§ 3969.) If the board of education in any district fail in any year to estimate and certify the levy for a contingent fund as required by this chapter, or if the amount so certified is deemed insuf- ficient for school purposes, or if it fail to provide sufficient school privileges for all the youth of school age in the district or to provide for the continuance of any school in the district for at least seven months in the year, or to provide for each school an equitable share of school advantages as required by this title, or to provide suitable school houses for all the schools under its control, or to elect a superintendent or teachers, the commissioners of the county to which such dis- trict belongs, upon being advised and satisfied thereof, shall do and perform any or all of said duties and acts, in as full a manner as the board of education is by this title authorized to do and perform the same ; and the members of a board who cause such failure shall be each severally liable, in a penalty not to exceed fifty nor less than twenty-five dollars, to be recovered in a civil action in the name of the state upon complaint of any elector of the district, which sum shall be col- lected by the prosecuting attorney of the county, and when collected shall be paid into the treasury of the county, for the benefit of the school or schools of the district. (97 v. 334.) When Commissioners to Act. — The object of the above sec- tion is to insure the running of the schools, and there is no doubt but that the mere fact that the commissioniers may act in certain cases, school boards do not give them an opportunity so to do. Generally the members of the board would much rather attend to the specified acts than allow some one else § 70 GUIDE FOR OHIO SCHOOL OFFICERS. 80 to do SO, and whatever their differences may be, they are settled among themselves and action is taken. Several questions have come up under this section. In solv- ing any doubts that have arisen, it has seemed proper to con- sider that the purpose of the section is to provide an absolute remedy against the suspension of a school, and to assure to each pupil in the state reasonably convenient facilities for at- tending school seven months each year. If, however, a board has levied up to the full limit allowed by law, and the sum produced is not sufficient to continue the schools of the district for seven months, there seems to be no remedy. But if a levy under this limit fails to sustain the schools for the minimum time prescribed in this section, then an appeal should be made to the county commissioners, whose duty it will be to raise the levy to the highest limit warranted by the law ; and they will be justified in acting as soon as they are satisfied that the amount levied by the board of the dis- trict will be insufficient to meet the demands of the law. If in a large city, where teachers have been paid each month, a board of education stands at a tie in its organization, so that it can not act for months together, and the prospect for action ^oes not brighten, the case would seem to be one in which the schools must stop unless the means are provided for continuing them. In such cases the commissioners should interfere. The law does not seem to intend that the commissioners shall stop a school which has come under their control, when seven months' school has been taught during the year. They should be governed by the customs of the district. In a city they should keep up the schools forty weeks, if that has been the custom. Nor is it the intention of this act for the commissioners to step in and control a matter of school government where the board has acted in a matter that is within its discretion. Thus, if the board decides to centralize the schools as permitted by law, it would not be within the province of the commission- ers to say that the board acted wrongfully, and hire teachers for the schools centralized, nor could the commissioners em- ploy a superintendent of the board of education if it had abolished that office. If the office of superintendent exists, but is not filled by reason of dissensions of the board, the commissioners might elect one, and he would serve for the time elected, and such person would be entitled to pay from the treasurv of the board of education. (State v. Bd. of Ed., 3 N. P.. 236.) A recent and very interesting discussion of when the com- missioner may act will be found in an opinion by Judge Mid- dleton, of common pleas court of Champaign county, in Board 81 WHEN COMMISSIONERS SHALL ACT, § 71 of Education v. Shaul, reported in 4 N. P. N. S., 433. In this case the board of education of the township proceeded to cen- tralize some of the schools under § 3922 (§ 37). Some of the patrons of the district that was abolished claimed that by such action of the board they were deprived of the school facil- ities which were guaranteed to them by law, and thereupon brought a suit to restrain the board from carrying out its intention to centralize, etc. The court held that this matter of centralization was a matter that b}^ the statute was given to the exclusive discretion of the board of education; that the board of education in such matters acted in a judicial capacity and not in a ministerial capacity, and that the commission- ers could only act when the board of education shall volun- tarily willfully fail to perform any of its ministerial duties, the court saying: "The evidence in this case clearly shows that the board of education had suspended the schools in these two districts, and the action of the county commission- ers in hiring teachers in these sub-districts, in effect reversed the action of the school board and reinstated the same. If the board of education, having suspended the schools in these sub-districts, had failed to furnish transportation to other schools as provided by law; that is, had failed to perform its ministerial duty, imposed upon it in this respect by the stat- ute, then the commissioners would have had authority to pro- vide for such transportation, but the board of education, hav- ing by its order suspended these schools, and having, as the court thinks the testimony shows, made provision for the transportation of these pupils to other districts, the commis- sioners were not vested by the statute with authority to review and change, or in any manner interfere with the order of the board of education in this respect." § 71. [County auditor to collect fines, etc., and inspect sec- tion sixteen acounts.] (§ 3970.) The auditor of each county shall collect, or cause to be collected, all fines and other money, for the support of common schools in his county, and pay the same to the county treasurer; he shall inspect all accounts of interest accruing on account of section sixteen or other school lands, whether the same is payable by the state or by the debt- ors; and he shall take all proper measures to secure to the school district in his county the full amount of school funds to which it is entitled. (70 v. 195, § 120.) § 72 GUIDE FOR OHIO SCHOOL OFFICERS. 82 Fines to be Paid into School Fund. Sees. 1050 and 1051. Penalty against county auditors for failing to report to state auditor. Sees. 1052 and 4215. Relating to dog tax. See. 1279. Relating to the disposition of the proceeds of the sale of timber growing on state or school lands, unlawfully cut down. Sees. 1280 and 1281. Providing for the disposition of the proceeds of the sale of unclaimed property, stolen, embezzled or obtained under false pretenses. Sec. 1375. Penalty against township trustees and treasurers who refuse to serve. See. 1504. Penalty against township clerk for failure to make de- tailed statement. Sec. 1524. Penalty against assessors for neglecting or refusing to make out and return statistics. Sec. 1525. Penalty against any person, company or corporation re- fusing to make out and deliver a statement of facts for taxation. Sec. 3225. Relating to the proceeds of the sale of unclaimed goods by express companies, common carriers, etc. Sec. 3479. Penalty for avoiding toll on turnpikes or plank road. Sec. 3969 (§ 70). Penalty against member of board of education who fails to perform certain duties. Sec. 4027. Penalty against parents and guardians for detaining children from school contrary to law. See. 4038 (§ 252). Penalty against the clerk of a local board for failure to take the school enumeration. Sec. 4045 (§ 265). Penalty against treasurers of school districts for failure to make annual settlement. Sec. 4061 (§281). Penalty against county auditors and clerks of boards of education for failing to make certain reports. Sec. 4063 (§283). Penalty against county auditors for failure to make enumeration return. Sees. 4088 (§309), and 4089 (§310). Penalty against institute com- mittee for failure to make required report. Sees. 4201 and 4204. Penalty for allowing certain animals to run at large. Sec. 4218. Penalty against fishing unlawfully. Sec. 4382. Penalty against owners or keepers of wharfboats. Sec. 4398. Relating to peddlers' license. Sees. 4401 and 4402. Penalties against peddlers who do not obtain a license. Sec. 4487. Penalty against auditors, engineers, commissioners and probate judges, who fail to perform certain duties relating to county ditches, sinkholes, etc. Sec. 6396. Penalty against assessors, physicians, midwives, clergy- men, sextons and probate judges, who fail to furnish statistics of births and deaths. Sec. 6986-10. Unlawful employment of minors. §72. [Sinking fund; board of commissioners of.] (§3970-1.) In any school district having a bonded indebted- ness, for the payment of which together with interest, no pro- vision has been made by a special tax levy for that particular purpose, it shall be the duty of the board of education of such district and such board shall annually, on or before the 31st day of August, set aside from its revenue a sum equal to not 83 SINKING FUND. §§73,74 less than one-fortieth of said indebtednesss together with a sum sufficient to pay the annual interest thereon. The board of education of every district shall provide a sinking fund for the extinguishment of all its bonded indebtedness, which sink- ing fund shall be managed and controlled by a board of com- missioners designated as the ''Board of Commissioners of the Sinking Fund of " (inserting the name of the district), which shall be composed of five electors thereof, and who shall be appointed by the court of common pleas of the county in which such district is chiefly located, provided, that in city or village districts the board of commissioners of the sinking fund of the city or village may be the board of commissioners of the sinking fund of the school district; the commissioners of the sinking fund shall serve without compensation and shall give such bond as the board of education may require and approve, provided that any surety company authorized to sign such bonds may be accepted by such board of edu- cation as surety, and the cost thereof, together with all neces- sary expenses of the commissioners of the sinking fund shall be paid by said commissioners out of the funds under their control. (97 V. 352; 90 L. L., 97.) Sinking Fund Board. — This board should organize, electing one of their number president, and also select a secretary. It . might be well to select the clerk of the school board for this position. A record should be kept of all their proceedings. The law should be strictly followed. §73. [Investment of sinking fund.] (§3970-2.) The board of commissioners of the sinking fund shall invest the sinking fund in bonds of the United States, of the state of Ohio, of any municipal corporation, county, township or school dis- trict of any state or in bonds of its own issue. All interest received from such investments shall be deposited as other funds of said sinking fund, and reinvested in a like manner. For the extinguishment of any bonded indebtedness included in said sinking fund, the board of commissioners of the sink- ing fund is authorized to sell or use any of the securities or money of said fund. (98 v. 45.) § 74. [Refunding, renewing or extending bonded debt.] (§ 3970-3.) The board of commissioners of the sinking fund § 75 GUIDE FOR OHIO SCHOOL OFFICERS. . 84 may refund, extend or renew the bonded debt of the school district or any part thereof, existing at the time of the taking effect of this act, by issuing the bonds of said school district for such periods, not exceeding twenty years, in such denom- ination, payable at such place and at a rate of interest not to exceed the rate previous to such refunding, extension or re- newal; provided that the aggregate amount of the refunding, extending or renewing bonds so issued shall not exceed that of the bonds so refunded, extended or renewed. (97 v. 353.) § 75. [Report of sinking fund commissioners.] (§ 3970-4.) The board of commissioners of the sinking fund shall make an annual report to the board of education giving a detailed statement of the sinking fund for each year ending with Au- gust 31st. Such report shall be filed with the board of educa- tion on or before September 30th of each year and other re- ports may be required by the board of education when the same shall be deemed necessary. [Appropriation of taxes collected for payment of bonds and interest.] The board of education shall appropriate to the use of said sinking fund any taxes levied for the payment of in- terest on the bonded indebtedness of said board ot education together with the sum provided for in section 1 of this act; and all such sums so appropriated shall be applied to no other pur- pose than the payment of said bonds and interest thereon and all necessary expenses of said commission. [Bonds issued by board of education shall first be offered to sinking fund commissioners.] Whenever the board of edu- cation shall issue bonds for whatever purpose, the said issue shall first be offered for purchase to said board of commission- ers of the sinking fund, who may purchase any or all of said of said issue of bonds at par ; the board of commissioners shall, within five days of the time M^hen notice is given, notify the board of education of its action upon said proposed purchase ; after which time the board of education shall proceed to issue any portion not purchased by said commission, according to law. (98 V. 45.) 85 PROVISIONS APPLYING TO ALL BOARDS. 76 CHAPTER 7. PROVISIONS APPLYING TO ALL BOARDS. Section. § 76 (3970-10) §77 (3970-11) § 78 (3970-12 §79 (3971) §80 (3972) §81 (3973) § 82 (3974) § 83 (3975) School elections; separate ballots and ballot boxes; returns and can- vass of vote. Notice of elections. Women may vote and be voted for, for school officers.' Corporate powers of board of educa- tion; sales of property exceed- ing three hundred dollars in value; exchange of real estate with mu- nicipal corpora- tion. Title to property vested in boards of education; res- olutions and or- ders to remain valid until changed; con- tracts, bonds and tax levies pro- tected. School property exempt from taxa- tion. Conveyances and contracts. Boards of educa- tion may accept bequests, gifts, or endowments; lim- itation on same. Sectiox. § 84 (3976) § 85 (3977) § 86 (3978) §87 (3979) (3980) § 88 (3981) § 89 (3982) § 90 (3983) § 91 (3984) § 92 (3985) § 93 (3986) § 94 (3986-1) Sec. 3 §94a Frocess against boards, and how served. Prosecuting attor- ney and city so- licitor to act as le- gal a d V is e r of boards of educa- tion. Special meetings, how called. Oath of members and other officers. Repealed. Vacancies in board of education, how filled. Quorum; majority of all members re- quired in certain cases; roll call; pay roll. Absence of presi- dent or clerk. Record of proceed- ings and attesta- tion thereof. Boards to make rules; illegal meet- ings. Board may make and enforce rules for vaccination. Display of U. S. flag. Terms of office of existing officers of boards of educa- tion (1904). To prevent hazing. § 76. [Ballots for election of members of board of educa- tion.] (§3970-10.) Sec. 1. That the names of all the can- didates for members of the board of education of any school district in the state of Ohio, however nominated, shall be placed on one independent and separate ballot, withont any § 70 GUIDE FOR OHIO SCHOOL OFFICERS. 86 designation whatever, except for member of of board of edu- cation, and the number of members to be elected. [Marking of ballot.] A cross shall be placed at the left of the name of each candidate for whom the elector desires to vote. The person having the highest number of votes shall be declared elected a member of the board of education, and the next highest, and so on until the number of members re- quired to be elected shall have been selected from the number having the highest number of votes. (98 v. 116.) [Arrangement of names of candidates on tickets used in elec- tion of members of board of education.] (Sec. 2.) The ballots shall be printed and prepared as follows : The whole num- ber of ballots to be printed for the school district shall be di- vided by the number of candidates for member of board of education of the school district, and the quotient so obtained shall be the number of ballots in each series of ballots to be printed as follows : The names of candidates shall be ar- ranged in alphabetical order and the first series of ballots printed. Then the first name shall be placed last and the next series printed, and so shall the process be repeated until each name shall have been first. These ballots shall then be com- bined in tablets with no two of the same order of names to- gether, except when there is but one candidate. (98 v. 116.) Election Matters. — When judges and clerks of election fail to sign poll-books and tally-sheets, to fill up blanks in the cap- tion, or to carry out the aggregate votes, such omissions and mistakes may be corrected upon the trial of a contest, by parol evidence, and when so corrected, the documents, sustained by the parol proof, are competent evidence of the result of the election. (Howard v. Shields, 16 0. S., 184.) The evident intent of the law requires that when the polls are once opened, they should be kept upen until the hour pre- scribed for finally closing; but the statute on the conduct of elections, section 2929. is said to be directory, and if so, "a de- parture from its strict observance will not necessarily invali- date an election, where no fraud has been practiced and no substantial right violated." (Fry v. Booth, 19 0. S., 25.) The officers of an election board can not, after dissolving the board and dispersing, return and perform any official act re- garding such election. "When they have dispersed, they cease to be officers of the election — are fimcti officio. (The State ex rel. Attorney-General v. Donnewin, 21 0. S., 216 ; Ingerson v. Berry, 14 0. S., 315.) 87 ELECTION OF MEMBERS. § / ( Poll-boolcs duly certified and returned are prima facie evi- dence of the truth of their contents, but this presumption will be rebutted by proof that they are fraudulent and fictitious to such an extent as to render them wholly unreliable. (Phelps V. Schroder, 26 0. S., 549.) Quo warranto will lie where no provision for a contest is made by law — as was the case in the election of school direc- tors against the respondent, whom the board recognized, and the fact that the relator has received a certificate is not con- clusive. (8 Rec, 432; 4 B., 1065.) A person voted for under the name of E. H. Smith, whose name is H. E. Smith, there being no such man as E. H. Smith, should have the votes counted, if the judges are satisfied that the person H. E. Smith was intended. (II W. L. M., 589.) In case a candidate receiving the highest number of votes at an election is ineligible, the next highest candidate is not elect- ed. (13 Cal., 145; 38 Maine, 597; 1 Chandler, Wis., 117.) McCrary on Elections, section 184: "The safe rule prob- ably is that where an election board are found to have will- fully and deliberately committed a fraud, even though it affect a number of votes too small to change the result, it is sufficient to destroy all confidence in their official acts, and to put the party claiming anything under the election conducted by them, to the proof of his votes, by evidence, other than the returns." (See Judkins v. Hill, 50 N.' H., 140; Knox Co. v. Davis, 63 111., 405; Russell v. State, 11 Kan., 308.) Receiving illegal or improper votes will not alone vitiate an election. It must be shown affirmatively, in order to overturn the declared result, that the wrongful action changed it. (Dil- lon on Municipal Corporations, 261.) §77. [Notice of elections.] (§3970-11.) The clerk of each board of education shall publish a notice of all school elections in a newspaper of general circulation m the district, or post written or printed notices of said elections in five pub- lic places in the district, at least ten days before the holding, of the same, which notices shall specify the time and place of such election and the number of members of the board of edu- cation to be elected and the term for which they are to be elected, or the nature of the question to be voted upon. (97 V. 354.) Notice of Election. Notice is hereby given that an election for members of the board of education in school district, county, Ohio, will be held on the .. day of November, 190.., at the usual voting places in § 78 GUIDE FOR OHIO SCHOOL OFFICERS. 88 said district. At said election there will be [state number of members to be elected and length of term[. Clerk of the Board of Education. ., Ohio, . ..., 190.. Note. — Notices must be published in a newspaper of gen- eral circulation in the district or posted in five public places in the district at least ten days before elections. All school elections, except those for director in township sub-districts, are conducted under the general election laws. The omission of the sheriff [clerk] to mention in his notice one of the vacancies to be filled is not conclusive evidence of the invalidity of the election. Taken in connection with other circumstances, it is competent evidence of fraud or conspiracy. (The State ex. rel. Att'y General v. Taylor; Scarff v. Foster, 15 O. S., 137; The State ex rel. Wetmore v. Stewart, 26 0. S., 216.) But if the sheriff [clerk] fails to give such notice for one of the vacancies to be filled, and in consequence of such neglect, only a small minority of the electors present vote for a person to fill such vacancv, such election is irregular and in- valid. (Foster v. Scarff, 15 0. S., 532.) McCrary on Elections, section 135, says: ''It must be con- ceded that time and place are of the substance of every elec- tion, while many provisions which appertain to the manner of conducting an election may be directory only. (Dickey v. Hulbert, 5 Cal., 343.) But it does not follow that due notice of time and place of holding an election is always essential to its validity. Whether it is so or not depends upon the question whether the want of due notice has resulted in de- priving anv portion of the electors of their rights." (13 N. Y., 350; 12 Mich., 508; see also Foster v. Scarff, 15 0. S., 532.) The general rule in computation of time within which an act is to be done is to exclude the first dav and include the last. (McArthur v. Franklin, 16 0. S., 208, 209.) If an emergency should occur, making it necessary to change the place of holding the election after the regular notice has been given, and if such notice is given as would leave no ex- cuse for not voting on account of the change, the election would not be invalidated by such change. (78 111., 171.) § 78. [Women may vote and be voted for, for school offi- cers.] (§ 3970-12.) Every woman born in the United States, or who is a wife or daughter of a citizen of the United States, who is over twenty-one years of age and possesses the neces- sary qualifications in regard to residence, as is provided for men, shall be entitled to vote, and to be voted for. for m^m- 89 CORPORATE POWERS OF BOARD. § 79 ber of the board of education and upon no other question. The law relating to registration shall apply to women upon whom the right to vote is conferred, but the names of such women may be placed on a separate list. (97 v. 354.) The constitutional power of the legislature to provide for common schools is not limited by the definition of elector in Const. V, Sec. 1, and the right to vote for school officers may be conferred on women. (9 C. C, 134; affirmed, 54 0. S., 631.) This section limits the voting privileges of women. It does not entitle them vote on such questions as special tax levy, bond issue, erection of public buildings, etc., although the same be for school purposes. A single woman if of the required age, and a married woman although neither were naturalized, might vote and be voted for, even where their father or husband would not be entitled to vote. A man may be a citizen and still not be entitled to vote. A member of a school board is not an officer of any political sub-division provided for in the Constitution. State v. Adams, 58 O. S., 616.) §79. [Corporate powers of board of education; sales of property exceeding three hundred dollars in value; exchange of real estate with municipal corporation.] (§3971.) The boards of education of all school districts now organized and established, and of all school districts organized under the provisions of this title, shall be and they are hereby declared to be bodies politic and corporate, and, as such, capable of suing and being sued, contracting and being contracted with, acquiring, holding, possessing, and disposing of property, both real and personal, and taking and holding in trust for the use and benefit of such districts, any grant or devise of land, and any donation or bequest of money or other personal property, and of exercising such other powers, and having such other privileges as are conferred by this title ; but when a board of education decides to dispose of any property, real or personal, held by it in its corporate capacity, exceeding in value three hundred dollars, it shall sell the same at public auction, after giving at least thirty days' notice thereof, by publication in some newspaper of general circulation, or by posting notices in five of the most public places in the district in which such property is situate. Provided, that when such board has twice offered a tract of real estate for sale at public auction, as here- § 79 GUIDE FOR OHIO SCHOOL OFFICERS. 90 inbefore provided, and the same is not sold, the board may sell said real estate at private sale, either as an entire tract or in parcels thereof, as the board may deem best, and the president and secretary of the board shall execute and deliver the deed or deeds necessary to complete such sale or sales. Provided, that upon a vote of a majority of the members of any board of education, and a concurring vote of the council of any mu- nicipal corporation, that an exchange of any real estate held by such board of education for school purposes, for real estate held by such municipal corporation for municipal purposes, will be mutually beneficial to such school district, and to such municipal corporation, such exchange may be made by con- veyances, to be executed by the mayor and clerk of the mu- nicipal corporation, and by the president and clerk of such board of education. (1888, March 30; 85 v. 36; R. S., 1880; 70 v. 195, §37; S. & C, 1350.) • Kind of Corporation. Liability of Member for In- Liability of Boards for Injury juries. to Persons. Sale or Exchange of Real Es- Liability for Injury to Prop- tate. erty. Kind of Corporation. — The effect and intention of this statute is to make school boards corporations with limited pow- ers; however, they can only act in the manner provided by law. They can only create or incur liabilities in the perform- ance of powers granted to them by law. While the courts will be liberal in viewing the acts of these corporate bodies, yet it must be clear that they have acted, only within their stat- utory powers. For the infraction of legal rights the board may sue and be sued; the action should be brought in the cor- porate name of the board, and not in the name of the indi- vidual members; likewise contracts should always be made in the corporate name, signed by the president and secretary ; but no contract is binding upon the board unless authorized by it in the manner provided by law. The power to contract implies the power to settle with con- tractors, and to do this in the interest of the district, so as to avoid the expense of litigation. Where a contracting party has rights which he can enforce in equity, a board of education is, like other municipal corporations, authorized to recognize and provide for these as Avell as for strictlv legal rights. (See Brewster v. Syracuse, 19 N. Y., 116; Friend v. Gilbert, 108 Mass., 408.) 91 LIABILITY OF BOARD FOR INJURIES TO PERSONS. § 79 Changing the name of a district is not a change of its cor- porate character, nor a change in its relations of parties deal- ing with it. (Bobbins v. Sch. Dist., 10 Minn., 310.) Boards of education have only such powers as are expressly provided in the statute, and persons who deal with such boards are presumed to know the limits within which they can law- fully transact business, and can secure no rights which are enforceable by contract unless the contract is clearly author- ized by law. (State ex rel. Dunn et al. v. Freed, Treas., et al., 10 C. a, 294.) A teacher who was employed by, directors of a sub-district of township under the old law may maintain an action for unpaid part of his salary against township board of education, but not against the directors of the local district. (Board of Education v. O'Hara, 2 W. L. Bull., 96.) A board of education is not subject to quo warranto, since it can not be ousted; it is not such a corporation as R. S., Sec. 6761, contemplates, but a state agency. (State ex rel. B'd Ed'n Morgan Tp. v. B'd of Ed'n Riley Tp. et al., 7 C. C, 152.) Incorporated township for common school purposes is a quasi public corporation. (Bush v. Shipman, 5 111., 186.) School townships are not municipal corporations in their na- ture or purpose (People v. Travers, 78 111., 136) ; and school districts are but territorial divisions having many of the at- tributes of a corporation. (Wharton v. School Dist., 42 Pa. St., 358.) They are only quasi corporations, and can exercise no powers except those especially conferred by statute. (School Dist. V. Thompson, 5 Minn., 280 ; Littlewort v. Davis, 50 Miss., 403; Sch. Dist. v. Macloon, 4 Wis., 79.) Liability of Boards for Injury to Persons. — A board of education is not liable in its corporate capacity for damages for an injury resulting to a pupil while attending a common school, from its negligence in the discharge of its official duty in the erection and maintenance of a common school building under its charge, in the absence of a statute creating a liability. Thus, where a school board permitted wells or uncovered areas adjoining a school building which were constructed for the purpose of letting light into the basement, and were some eight feet deep and from two to four feet across the top, to remain thus, and a child, in playing, fell into one of these wells and was injured, it was held no recovery could be had against the board. (Finch v. Board of Education, 30 0. S., 37.) The opinion discusses the general corporate power, etc., of boards of education. "OAving to the very limited number of corporate powers," say the court, ''conferred on them, boards of education rank low in the grade of corporate existence, and hence are properly denominated g^4as^-corporations. This designation distin- § 79 GUIDE FOE OHIO SCHOOL OFFICERS. 92 guishes this grade of corporations from municipal corporations, such as cities and towns acting under charters or incorporating statutes, which are vested with more extended powers and a larger measure of corporate life. This superior grade, from the nature of their organization, benefits received, and power to raise needed funds, are held responsible by common law for private personal injuries caused by their own negligence or that of their servants, whilst the inferior grade of public quasi- corporations are liable for damages resulting from their negli- gence, only where made so by express legislation. This grade includes the defendant ; it possesses but limited powers and small corporate life, a corporation in some sense political, but in no sense a municipal corporation." (See Board of Com. of Hamilton Co. v. Mighels, 7 0. S., 109; Biglow v. Inhabitants of Randolph, 14 Gray, 541.) Liability for Injuries to Property. — In a recent case (Board v. Volk, 72 0. S., 469), the supreme court has applied the same doctrine in reference to injuries resulting to property as it had before, in reference to injuries resulting to persons, and held that a board of education is not liable in its corporate capacity for damages where, in excavating on its own lots for the erection of a school building, it wrongfully and neg- ligently carries the excavation below the statutory depth of nine feet, thereby undermining and injuring the foundation and walls of the building of the adjoining property. In this case the court reiterates the doctrine that in order for a corporation to possess the quasi corporation characteris- tics, as a board of education does, they could not be sued or held responsible unless the statute specifically so provides, and after quoting §79 (§3971), says: ''The other parts of the title measure the duties and powers of the board in all re- spects, so much so that nothing seems left to inference or im- plication. It may contract and be contracted w^ith, but a con- tract not authorized by statute is ttltra vires, and can not be enforced, although the board is capable of suing and being sued. It has no power to bind the school district which it represents on contracts not authorized by law, and it has been so held repeatedly. If it can not bind the district by such con- tracts, how can it be bound for unauthorized torts of the board? It is true that boards of education are authorized, when nec- essary, to purchase grounds for school and school house pur- poses and to erect and maintain school houses; to enter into necessary contracts for the erection of proper school buildings and the purchase of school supplies, yet the method of making such contracts is prescribed by statute, so that it is the general assembly speaking through the board as to what may be done and how it must be done. The board is not authorized to commit a tort — to be careless or negligent — and when it com- 93 LIABILITY OF INDIVIDUAL MEMBERS. § 79 N mits a wrong or tort, it does not in that respect represent the district, and for its negligence or tort in any form the board can not make the district liable. It is without power to levy- taxes except for school and school house purposes, and there- fore no levy could be legally made to jyay a judgment against it, if one should be recovered for its torts. The property be- longing to the board, and to which it holds title in its trust capacity, can not be seized or held to satisfy a judgment for damages, for it is declared in § 81 (§ 3973), Revised Statutes, that "all property, real or personal, vested in any board of education, shall be exempt from tax and from sale on execu- tion, or other writ or order in the nature of an execution. ' ' Liability of Individual Member for Injuries. — In Dun- lap V. Knapp, 14 0. S., 64, the supreme court held that a su- pervisor of roads was not personally liable for injuries that an individual has sustained because of neglect to keep a bridge in repair, and that he was only liable for the penalty pre- scribed by law, and it seems that the claim for damages for neglect to keep buildings, etc., in repair against a member of a school board would rest on no stronger ground. Where an individual member was sued because he had admitted chil- dren to the school in such a manner that the plaintiff's chil- dren were deprived of their school advantages, it was held that an officer acting within the scope of his authority is not responsible for an injury, unless it results from a corrupt motive. (Stewart v. Southard, 17 0. S., 402; Ramsey v. Riley, 13 0. S., 157. See Gregory v. Small, 39 0. S., 349 ; Thomas v. Wilson, 40 0. S., 516.) He is not liable for the negligence of workmen under him. (Donovan v. McCalpin, 46 N. Y. Sup. Ct., 111.) In another case where a teacher was hurt by falling through a defective door, it was held that the member was liable. (Bas- sett V. Fish, 19 N. Y. Supreme Ct., 209), and in (Minn. Bank v. Brainard, 51 N. Y. Rep., 814) it is held he is not liable for neg- ligence in making repairs. See § 97 (§ 3988) as to liability, etc. Sale or Exchange of Real Estate. — This statute pro- vides methods of a sale or exchange of real estate, but not for purchase; this is provided for in other sections. (See. 95, § 3987, and Sec. 99, § 3991.) The law must be strictly followed ; if it exceeds $300 in value, it must be sold at public auction. Notice must be put up in five of the most public places in the district at least thirty days before the time of sale. If offered twice, it then only may be sold at private sale. The authority to sell or exchange must appear on the minutes to be by ma- jority vote of the members of the board of education. Deeds must be made by the corporation through its president and secretary. (See section 3991 (§ 99). § 80 GUIDE FOR OHIO SCHOOL OFFICERS. 94 A corporation must take and grant by its corporate name. (2 Kent, 2d Ed. 357.) Form of Notice of Sale. To "Whom it May Concern. Notice is hereby given that on , the day of , 190.., there will be sold at public auction, on the premises, the fol- lowing described real estate, to wit: (here describe). At the same time and place there will also be offered the following personal prop- erty for sale, to wit: ; all of said property to be sold to the highest bidder, the personal property for cash, the real estate for one-third cash, one-third in one year, one-third in two years, from date of sale, with interest. The deferred payments to be secured by notes any mortgages on the premises. By order of the board of education of ...... township. (Date.) Clerk of Township. § 80. [Title to property vested in boards of education ; res- olutions and orders to remain valid until changed; contracts, bonds and tax levies protected.] (§ 3972.) All property, real or personal, which has heretofore vested in and is now held by any board of education for the use of public or common schools in any district, is hereby vested in the board of edu- cation provided for in this title, having under this title juris- diction and control of the schools in such district ; and all reso- lutions and orders passed by any board of education shall re- main in full force and effect until duly altered or repealed, and nothing in this act contained shall be construed to in any way affect the validity of any contract made nor bonds or certifi- cates of indebtedness issued, by any board of education of any school district, whether created under the provisions of a gen- eral or a special act ; and all school funds, whether arising from taxation, sale of bonds, or otherwise, in the hands of or be- longing to any board of education of any school district, whether created under the provisions of a general or a special act, and all taxes levied by any such board not collected, shall be transferred to the credit of the board of education elected, under the provisions of this act, to succeed the board having such funds to its credit or which made the levy for the un- collected taxes. (97 v. 354.) Held in Trust, etc. — The title to school grounds, and other school property, is by express terms of the statute vested in the board of education. But for what purpose ? 95 TITLE TO PROPERTY, § 80 It is not the private property of the board, but it is au- thorized to hold it for the state for the promotion and advance- ment of the education of the youth of the commonwealth, and its control is limited according to the will of the sovereign pow- er. The board is a mere instrumentalitj^ of the state to accom- plish its purpose in establishing and carrying forward a sys- tem of common schools throughout the state. As heretofore stated, these boards are but arms of the sovereign, the state, and the latter has neither authorized, nor permitted by any law, its agents to be sued for tort to either person or property. Board V. Volk, 72 0. S., 485. A dedication for school purposes is for specific use, and con- fers no power of alienation so as to extinguish the use. Board ©f Education, etc., v. Edson et al, 18 0. S., 221. Boards of education are invested with the title to the prop- erty of their respective districts in trust for the use of public schools ; and a lease of a public school house for the purpose of having a private or select school taught therein, for a term of weeks, is in violation of the trust; and such use may be re- strained at the suit of a resident taxpayer of the district. Weir V. Day, et al., 35 0. S., 143. Where land was conveyed to a township board of education, its successors and assigns, for the use of school purposes only, and the board afterward sold the land at public outcry to C. , the board having determined on another site ; Held, that the mere fact of sale was not a breach of the condition. Taylor V. Blinford, 37 0. S., 262. The board of education being a legal entity empowered to sue, has capacity to sue its defaulting treasurer without re- sorting to his bond. Board of Education v. Milligan, 51 0. S., 115. Criminal Provisions Relative to. — Defacing ScJiool house, Penalty for. (§ 6877, R. S.) — ^Whoever maliciously injures or defaces any church edifice, school house, dwelling house or other building, its fixtures, books, or appurtenances, or com- mits any nuisance therein, or purposely and maliciously com- mits any trespass upon the inclosed grounds attached thereto, or any fixtures placed thereon, or any inclosure or sidewalk about the same, shall be fined in anv sum not more than one hundred dollars. (63 v. 175, § 1; S.^& S. 280, § 51; 70 v. 216, § 73.) Penalty for Burning School Property. — Section 6931, R, S., provides that "Whoever maliciously burns, or attempts to burn any . . . school house . . . shall be imprisoned in the penitentiary not more than twenty years." Penalty for Felony and Stealing. — Section 6835, R. S., pro- vides that "Whoever, in the night season, maliciously and forci- bly breaks and enters any . . . school house . . . with § 81 GUIDE FOR OHIO SCHOOL OFFICERS. 96 intent to commit a felony, or with intent to steal property of any value, shall be imprisoned in the penitentiary not more than ten years nor less than one year." Penalty for B^'eaking into' School House to Steal. — A similar penalty is imposed by section 6836, R. S., for entering a school house in the daytime or night season, and attempting to com- mit a felony. Section 6837, R. S., provides that "Whoever maliciously, in the daytime breaks and enters any . . . school house . . . with intent to steal, shall be fined not more than three hundred dollars, and imprisoned not more than sixty days." Penalty for Disturbing a Meeting {School). — Section 6896, R. S., provides that ''Whoever wilfully interrupts or disturbs any assembly of persons met for a lawful purpose, or any per- son while he is at or about the place where such assembly is to be held, or is and has been held, shall be fined not more than fifty dollars, or imprisoned not more than ten davs, or both." (73 v. 224, § 1; 61 v. 98, § 1 ; S. & S., 228; 70 v. 216, §74.) Memhers of Board Liable. — A member of a board of educa- tion is as liable to prosecution for violently disturbing a school in session as any other person. Such member is also equally liable with any other person for forcibly breaking into a school house for the purpose of admitting any meeting, or for promoting other use of the school house not authorized by a majority of the board of education or by law. In short, an individual member of the board, as such, has no more author- ity concerning school property than any other individual has. If he is, by law or by the board, constituted a committee to look after the school house, he may exercise such authority ; but even then he has no power to open the house for purposes unauthorized by the board. The limitation of course applies, that for mere errors of judgment, with proper purpose and in- tent to act within the authority vested in him by the board, the law will exonerate him. What are Public School Houses. — By "public school houses" are meant such as belong to the public, and are designed for schools established and conducted under public authority. The fact that the use of the property is free is not a necessary ele- ment in determining whether the use is public. (Gerke v. Pur- cell, 25 0. S., 229.) §81. [School property exempt from taxation.] (§3973.) All property, real or personal, vested in any board of educa- tion, shall be exempt from tax, and from sale on execution, or other writ or order in the nature of an execution. 70 v. 195, § 72.) 97 TAXATION OF SCHOOL PROPERTY. § 81 Constitutional Provision. Exemption from Taxation. Assessments and Executions. Constitutional Provision. — [Taxation by uniform rule.] See. 2. Laws shall be passed, by taxing by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock com- panies, or otherwise ; and also all real and personal property, according to its true value in money; but burying grounds, public school houses, houses used exclusively for public wor- ship, institutions of purely public charity, pul3lic property used exclusively for any public purpose, and personal property to an amount not exceeding in value two hundred dollars, for each individual may, by general laws, be exempted from tax- ation; but all such laws shall be subject to alteration or re- peal; and the value of all property so exempted shall, from time to time, be ascertained and published, as may be directed by law. (Art. XII, 1851.) Assessments and Executions. — School property is not liable to assessment for street improvement; nor can a judg- ment be rendered against the board of education for the pay- ment of the assessment out of its contingent fund. (Citv of Toledo V. Board of Education, 48 0. S., 83.) Sidewalk — school propertv not assessable for. (Board of Education v. The City of Toledo, 48 0. S., 87.) It must be paid out of the general fund of the city. Property purchased by a board of education, and upon which there is a mortgage lien, may be sold on foreclosure. (Board of Education of Findlay v. Stephenson, 39 Bull., 76; Aff'd by Supreme Court.) A mechanic 's lien or a mortgage could not be enforced, since such enforcement would require an "order in the nature of an execution." (See Roekel & White's Mechanic's Lien Law, p. 12.) For additional provision relating to non-taxation of school property, see section 2732, R. S. For provisions relating to taxation of school and ministerial lands held under a lease exceeding fourteen years, see section 2733. R. S. Whether, from the mere fact that the statute now provides that there shall be a contingent fund, the school property could be held, is not decided in Board of Ed. v. Bowland, 15 Dec. 335. The mere fact, however, that the members of the board pe- titioned for it, will not make the board liable, id. The opinion of the supreme court in Board v. Volk, 72 O. S., 469, would in- dicate that the board is no more liable under the new code than it was under the former law. § 81 GUIDE FOR OHIO SCHOOL OFFICERS. 98 Exemption from Taxation. — As a general proposition it may be said that in order for the property to be exempt it must be actually used for educational purposes. (Washburn v. Com- missioners, 8 Kan., 344 ; Cincinnati Coll. v. State, 19 Ohio, 110 ; State V. Elizabeth, 4 Dutch., 103; Detroit, etc., v. Mayor, 3 Mich., 172 ; State v. Ross, 4 Zabr., 497 ; Pace v. Jefferson Coun- ty, 20 111., 644; Nazareth v. Commonwealth, 14 B. Mon., 266.) In a ease in the United States Supreme Court it was held that an exemption of all property "necessary for school pur- poses" included property not in actual use by the school, but which is rented and th e income applied to the support of the school, (The Northwestern University v. The People, Sup. Court of U. S., reported in Am. L. Reg., Vol. XVIII, No. 6, p. 366.) Whether this United States decision would be in all cases followed in Ohio may be qviestioned, for in the earliest case we have on that subject it is held that the property of literary and scientific societies is only exempt from taxation when used exclusively for literary and scientific purposes. If used for other purposes it is liable for taxation, although the pro- ceeds are in the future to be applied for the promotion of liter- ature and science. And, furthermore, in the same case, it is held that all laws exempting any of the property in the state from taxation, being in derogation of equal rights, should be construed strictly. (Cincinnati College v. State, 19 Ohio, 110.) In another case, where a library association, which it was conceded was exempt, owned a lot of ground with a block of buildings thereon, constructed as an entirety, and the buildings having a basement and three stories over the same, were di- vided into rooms adapted for its use and for renting, some of which on each floor are used by it for its purposes ; some are rented out, and the rents received are applied exclusively to keeping the property in good repair, and to the purpose of the association, and some are vacant, it was held that such part of said building and appurtenances which are rented and oth- erwise used with a view to profit, are not exempt from tax- ation. (The Cleveland Library Association v. Pelton, 36 0. S., 253.) In another case, where the question at issue was whether or not a parsonage, although built on ground which might otherwise be exempt as attached to the church edifice, is ex- empt, the court held that the exemption was not of such houses as may be used for the support of public worship, but houses used exclusivelv as places of public worship, ((lerke v. Pur- sell, 25 0. S., 229.) In this case it is held that schools established by private do- nations, and which are carried on for the benefit of the pub- 99 CONVEYANCES AND CONTRACTS. § 82 lie, and not with a view to profit, are institutions of purely public charity within the meaning of the provision of the Con- stitution, and that such institution is exempt from taxation. In a still earlier Ohio ease it was held that a house on school grounds for a professor was not exempt from taxation. (Ken- driek v. Farquhar, 8 Ohio, 180.) If a farm be used for the purpose of raising produce to sell and get money to carry on a school, it will not be exempt, the use for educational purposes in such a case is too remote. (St. Mary's College v. Crowl, 10 Kan., 448.) So in a Massachusetts ease, where the president and fellows of Harvard College built a dwelling-house on the land of a corporation within the college yard and leased the same to one of their professors, to be occupied by him as a residence for himself and family at an annual rent, it was held that the dwelling-house was not exempt. But in this same case it was stated that it would have been otherwise if the building had been built for one of the professors and had been occupied by him without paving any rent therefor. (Pierce v. Cambridge, 2 Cush. (Mass.), 611.) §82. [Conveyances and contracts.] (3974.) All convey- ances made by a board of education shall be executed by the president and clerk thereof; no member of a board shall have any pecuniary interest, either direct or indirect, in any contract of the board, or be employed in any manner for compensation by the board of which he is a member, except as clerk or treas- urer; and no contract shall be binding upon any board unless it be made or authorized to be made at a regular or special meet- ing of the board. (70 v. 195, §§ 21, 38.) Comments. Pecuniary Interest of Mem- Kesolution for Conveyance. bers, etc. Resolution for Conveyance. — If the board decides to sell any of its property it should pass a resolution to that effect. This resolution must, voon the call of an aye and nay vote, receive in the affirmative the vote of a majority of all the mem- bers of the board — (§ 89) § 3982 — not merely a majority of a quorum or those present. The resolution may be in the following form : Resolved, by the board of education of school district, that in consideration of $ paid to , the president of this board, by , that the said president and the cleric of this board, are directed to convey by proper warranty deed, to said , the purchaser thereof, the following described real estate: § 82a GUIDE FOR OHIO SCHOOL OFFICERS. 100 Pecuniary Interest op Member, etc. — Not only does this action forbid any member of the board from having a pecuniary interest in any contract the board may make, but another section, in order to make it effective, provides : § 82a. (§ 6975.) A member of a board of education organ- ized under any law of this state who accepts or receives any compensation for his service as such member, e-xcept as clerk or treasurer of such board, shall be deemed guilty of embezzle- ment of the amounts so received, and furnished accordingly. (72 V. 14.) Comments. — The individual act of a majority of the mem- bers of a school board acting separately — as signing contract-^ are not the corporate acts of the board and do not bind it. (Ohio ex rel. Steinbeck et al. v. Treasurer of Liberty Town- ship, 22 0. S., 144.) A contract by a firm to sell goods to a board of education, one member of which board is a partner in the firm, is void under section 3974 (§ 82), and any resident taxpayer may ob- tain injunction against payment thereof. (Grant v. Brouse et al., 1 N. P., 145.) No contract, appropriation, etc., unless money is in treasury and set apart, except in certain cities. See section 2834&, given in full under § 97 (§3988.) The failure of an officer to attach his official title to his sig- nature will not affect the instrument so far as the district is concerned; provided the contract was authorized and made for the district, and this fact can be shown. A member of a board of education can not draw wages or pay as superintendent of schools or of buildings, as teacher or janitor, as contractor for fuel, for drawing fuel, or for any other service to the district in which he is serving as such member, except for services as clerk or treasurer. Nor can a local director draw pay for any such service in his sub-district if he is a member of the township board, or if the service is such as the board of education or the statute has authorized the local board to contract for. There is, perhaps, no reason why a local director who is not a member of the township board of education may not teach, or furnish fuel, or the like, in a sub-district in which he is not a local director. The principles of law without this statute would decide that a party can not be on both sides of a con- tract. (Piatt et al. v. N. Longworth's Devisees, Executors, et al., 27 0. S., 159, 195; Parsons on Contracts, vol. 1, p. 86; Pol- lock's Principles of Contracts, p. 253.) School property should be insured, but not in a company 101 MEMBERS NOT TO BE INTERESTED. § 83 represented by a member of the board. (See § 6969, R. S.) The attorney-general concurs in this opinion. (See opinions of Attorney-General, vol. F, 36.) An agreement by members of a township board of education, acting in their individual capacity, to purchase from another person apparatus for the schools of the township, and to ratify said contract of purchase at the next meeting of the board, is contrary to public policy, and therefore illegal and void, and not enforceable against the members as individuals. (McCortle V. Bates, 29 Ohio St., 419.) Pending a litigation between the board of education of a township and a special school district therein, as to the cus- tody and control of a fund in the township treasury, the board permitted the treasurer, by a verbal agreement, to use the fund in his business, on his agreeing to pay interest thereon, the object being to earn sufficient by such use to meet the inter- est with which the board would be charged in the event the pending action should be decided against it. When the treas- urer's term expired, and for the same reason the loan was re- newed, and a note with sureties taken for the amount then due, payable to the board with interest in ten months, held, 1. Such loan was in contravention of public policy, and prohibited by statute. 2. In an action on the note by the board, the sure- ties thereon were not estopped from setting up the illegality of the transaction as a defense. 3. While the board may do any act in disaffirmance of such an illegal contract, and recover back the money illegally taken from the treasury by an action, or take a note and security for its return, yet it has no power, in the absence of statutory authority for that purpose, to ratify and adopt a contract made in violation of law. (Board of Ed- ucation V. Thompson, 33 Ohio St., 321.) There must be an aye and nay vote and a quorum. See § 89 (§3982). See § 206a (§ 6975a), following §4017, R. S. (§206), as when con- tract is illegal, and penalty, etc. § 83. [Boards of education may accept bequests, gifts or en- dowments; limitation on same.] (§3975.) Any board of edu- cation may, by the adoption of a resolution, accept any bequest made to them by will or may accept any gift or endowment from any person or corporation, upon the conditions and stip- ulations contained in the will or connected with the gift or endowment; and for the purpose of enabling such boards to carry out the conditions and limitations upon v/hich the be- quest, gift or endowment is made, they are authorized to make all rules and regulations that may be required to fully carry §§84,85 GUIDE FOR OHIO SCHOOL OFFICERS. 102 into effect the provisions of said bequest, gift or endowment; but no such bequest, gift or endowment shall be accepted by any board of education when the conditions of the same shall remove any portion of the public schools from under the con- trol of said board. (97 v. 335.) §84. [Process against boards and how served.] (§ 3976.) The process in all suits against a board of education shall be by summons, and shall be served by leaving a copy thereof with the clerk or president of the board. (70 v. 195, § 68.) Of course service can be waived by the clerk or president. Without direct authority confession of judgment could not be entered by the clerk or president. § 85. [Prosecuting attorney and city solicitor to act as legal adviser of boards of education.] (§ 3977.) The prosecuting attorney shall be the legal adviser of all boards of education in the county in which he is serving, except in city school dis- tricts, he shall prosecute all actions against a member or offi- cer of a board of education for malfeasance or misfeasance in office, he shall be the legal counsel of said boards or the offi- cers thereof in all civil actions brought by or against them, and shall conduct the same in his official capacity; provided, that when said civil action is between two or more boards of edu- cation in the same county, said prosecuting attorney shall not be required to act for either of them. In city school districts the city solicitor shall be the legal adviser and attorney for the board of education, and shall perform the same services for said board of education as is herein required of prosecuting attorneys for other boards of education. The duties herein prescribed shall devolve upon any official serving in a capacity similar to that of prosecuting attorney or city solicitor for the territory wherein a school district is situated, regardless of his official designation. No prosecuting attorney, city solicitor or other official acting in a similar capacity shall be a member of the board of education. No compensation in addition to such officers' regular salary shall be allowed for such services. (97 V. 355.) Opinion of Attorney-General. — The following opinion was rendered by Attorney-General Nash, November 4, 1881 : 103 SPECIAL MEETINGS OP BOARD. § 86 ''Section 3977 (§85) of the Revised Statutes provides that the prosecuting attorney of a county shall be the attorney for the school boards within his county, except in city districts, and sets forth what duties he shall perform in this regard. This service is made one of the duties of the prosecuting attorney, which he is bound to render under his salary, as no express provision is made for the payment of such services. It frequently happens that the prosecuting attorney, on ac- count of his numerous other duties, is wholly unable to per- form the service required by this section, and it sometimes happens that cases arise which require that the prosecuting attorney should have assistance in them. In such cases as these the question, 'Have boards of education the right to employ and pay counsel, or, in short, have such boards the right and authority to pay attorney fees in defending or prosecuting cases in which they are parties?' becomes im- portant. "Under such circumstances as I have indicated above, I answer the question in the affirmative, and for this answer I rely on section 3971 (§31) of the Revised Statutes. This sec- tion makes boards of education bodies politic and corporate, and vests them with the power of suing and being sued. I think that the law which authorizes these boards to sue and be sued by implication confers upon them authority to do all things that are necessary to prosecute successfully or de- fend a suit." (Opinions Attorney-Cxeneral, vol. F. 115.) Public officers for whom pay is provided by statute will not be allowed compensation for extra work unless this is specially authorized bv statute, (9 Neb., 85 ; X Central L. J., 299.) The prosecuting attorney is required to prosecute for in- juries to timber on school lands. (§ 1279, R. S.) Prosecuting attorney can not enjoin application of money by school board, but a taxpayer probably can. (State ex rel. V. Board of Education of Van Buren Tp., 11 C. C, 41 ; State ex rel. Hartman, etc., v. Board of Education, 58 0. S., 656. §86. [Special meetings of board.] (§3978.) A special meeting of a board of education can be called by the presi- dent or clerk of the board or by any two members thereof, by serving a written notice of the time and place of such meeting upon each member of the board, either personally, or at his residence, or usual place of business, said notice to be signed by the official or member calling the meeting. (97 V. 355.) § 87 GUIDE FOR OHIO SCHOOL OFFICERS, 104 Form of Notice of Special Meeting of Board. Notice is hereby given that there will be a meeting of the board of of , at o'clock , at , to consider the question* , and other business which may be considered necessary to trans- act. 190.. Clerk. When the statute requires a particular kind of notice, no other notice can be substituted and satisfy the terms of the statute; a notice sent by mail does not comply with the provisions of this section. (Attorney-General.) Teachers can be elected at special meetings. The adjourned meetings of a regular session, are regular meetings. Board must provide rules, etc., § 80 (§ 3982). Meetings are illegal unless held in accordance to law and the by-laws of the board. § 92 (§ 3985). For election of teachers, see §§ 206 and 89. §87. [Oath of members and other officers. (§3979.) Each person elected or appointed a member of the board of ed- ucation, or elected or appointed to any office under this title, shall, before entering upon the duties of his office, take an oath or affirmation to support the constitution of the United States and the constitution of the State of Ohio, and that he will perform faithfully the duties of his office ; which oath or affirmation may be administered by the clerk or any mem- ber of the board. (71 v. 15, § 42.) This would include a director of a sub-district, a clerk or treasurer of the board, and truant officer, etc. The president and clerk must attend December meeting of township trus- tees. (§1458 R. S.) Form of Oath. The State of Ohio, County, ss. I, , do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Ohio, and will faithfully discharge and perform the duties of of township district, in county, and State of Ohio, during my continuance in office, to the best of my knowledge and ability. Sworn to and subscribed before me, this day of A. D. 190.. * The purpose for which a meeting is called should be stated In the notice. 105 VACANCIES IN BOARD. § 88 But a person so elected may appear before any person au- thorized by law to administer an oath, and may take his oath of office. This should be done in case the member-elect is, for any reason, unable to attend the meeting for organization. The certificate of the officer administering the oath should be sent to the board and copied in the records, to obviate all questions. For the same reason a record should be made of the oath administered to each member. Officers who have sworn to perform official duties may be compelled to perform them by 'WTit of mandamus. This writ issues from the supreme, district or common pleas court. (R. S., f 6742, as amended 1880.) They may also be restrained from doing illegal acts un- der color of authority as officers by writ of injunction. This writ issues from the supreme or common pleas court or a judge of either; or from the probate court, in case none of the above named judges are in the county. (R. S., § 5573.) But to boards of education is left a large discretion as to the manner of performing their official duties, and courts will not interefere with this discretion. (Boards of Educa- tion V. Minor, 23 0. L., 211.) Officers required by law to exercise their judgments are not answerable for mistakes of law or mere errors of judgment, where there is neither fraud nor malice. (Jenkins v. "Waldron, 11 John. (N. Y.), 114.) An officer acting within the scope of his authority is only responsible for an injury resulting from a corrupt motive. (Stewart v. Southard, 17 Ohio, 402.) A public officer who is required by law to act in certain eases, according to his judgment or opinion, and subject to penalties for his neglect, is not liable to a party for an omis- sion arising from a mistake or want of skill, if acting in good faith. Seaman v. Patten, 2 Caine (N. Y.), 312. But an officer intrusted by the common law or by statute is liable to an action for negligence in the performance of his trust, or for fraud or neglect in the execution of his office. (Jenner v. Jolliffe, 9 John. (N. Y.), 381.) The performance of any act prohibited by statute, or any willful neglect of duty, and for which no penalty is provided by enactment, is a misdemeanor. § 88. [Vacancies in board of education; how filled.] (§ 3981.) Vacancies in any board of education arising from death, non-residence, resignation, removal from office, failure of person elected or appointed to qualify within ten days after the" organization of the board or of his appointment, removal from the district, or from other cause, shall be filled § 88 GUIDE FOR OHIO SCHOOL OFFICERS. 106 by the board of education at its next regular or special meet- ing or as soon thereafter as possible, for the uneexpired term. A majority vote of all the remaining members of the board can fill any vacancy or vacancies that may exist in said board (97 V. 355.) Comments. Number of Votes Required to Resignation, to Whom Made. Appoint. Holds Until Successor is Elected. Temporary absence from home will not vacate an office ; but if such absence creates embarrassment, the holder ought to re- sign. All vacancies should be filled before any business is transacted. Resignation, to Whom Made. — The resignation of a dis- trict or sub-district officer must be made to the board, and should be in writing. A person claiming to be a legal officer, and in possession, can not be voted out by the board, but should be proceeded against by a writ of quo warranto. (§ 6760, R. S.) The section provides that the vacancy shall be filled witJiouf delay. Hence, if any other business is attempted to be per- formed before the filling of such vacancy, a point of order should be raised under this clause of the section. The law here provides that no vacancy need exist when a vote is to be taken, hence no item of business enumerated in section 3982 (§ 89) can be transacted which does not receive the votes of a majority of all the members constituting a full board. Holds Until Successor is Elected and Qualified. — (§ 11, R. S.) When an elective office becomes vacant and is filled by ap- pointment, such appointee shall hold office till his successor is elected and qualified, and such successor shall be elected at the first proper election that is held more than thirty days after the occurrence of the vacancy; but this section shall not be con- strued to postpone the time for such election beyond that at which it would have been held had no such vacancy occurred, nor to affect the official term, or the time for the commence- ment of the same, of any one elected to such office before the occurrence of such vacancy. Tie vote at election ; failure to elect or refusal to serve, in township districts; see section 3978 (§ 86). A resignation takes effect from its date and not from its acceptance, at least to authorize filling the vacancy, the com- mon law rules requiring an acceptance being abrogated in 107 VACANCIES IN BOARD, § 88 Ohio except where otherwise specially provided. (Reiter v. State ex rel, 51 0. S., 74.) Where one, elected to an office, dies before his term begins, no vacancy is thereby created in the office until the end of the term of the existing incumbent; and if this falls within thirty days of the next proper election (§ 11, E. S.), the vacancy can not be filled by an election thereat. (The State ex rel. v. Dahl et al., 55 0. S., 195.) While the law gives ten days in which to fill a vacancy, it is evidently the intention that it should be filled at the earliest possible date, and before the transaction of business by the board. Number op Votes Required to Appoint a IMember. — To elect an officer of the board requires a majority of all the remaining members composing the board of education, by law, in the given district. See se'ction 3982 (§ 89.) But though a member holding an office may die, the election of a memher to fill the vacancy is not the election of an offi.cer. An officer elected for three years continues for three years and until his successor is elected and qualified. (23 Vt., 416.) The officer, once qualified, continues in the responsibilities of his office until his successor is qualified. There can be no successor until after such qualification takes place. (22 Pick., 122.) An officer may resign, but he remains in his office, subject to all its responsibilities, until his resignation is accepted. It is generally supposed that an office is held at the will of either party. It is held at the will of both. Resignations are so gen- erally accepted that, with respect to lucrative offices, it has grown into a common notion that to resign is a matter of right. But it is otherwise. The public has a right to the services of all citizens, and may demand them in all civil de- partments as well as military. (Hoke v. Henderson, 4 Deye- reux [N. Car.], 1.) The following case goes still further, holding a resigning officer to his responsibilities and duties until his successor is elected or appointed and qualified: "Tennessee constitution, article 7, section 5, provides that 'every officer shall hold his office until his successor is elected or appointed and qualified.' Held, that this applies to a re- signing officer, who must continue in the discharge of his du- ties until his successor is elected or appointed and qualified; that the officer remains under an obligation to obey a writ of mandamus notwithstanding his resignation, and is guilty of contempt if he fails to comply with the writ, and the obliga- tion passes to his successor when qualified." (Watts v. Lau- derdale Co., 14 Cent. Law J., 210; U. S. C. C. Dist., Term.) § 89 GUIDE FOR OHIO SCHOOL OFFICERS. 108 Acceptance by a corporation is, at common law, necessary to a consummation of the resignation, and, until acceptance by proper authority, the tender is revocable. The right to accept a resignation is a power incidental to every corpora- tion, also to any power of appointment. (Dillon on Mun. Corp., 283.) In case a board should really lose all of its members, the county commissioners must keep up the school. As they may do all that a board could do, they may appoint a new board, or members enough to proceed with the appointments to the com- pletion of a new board. § 89. [Quorum; majority of all members required in certain cases; roll call; pay roll.] (§ 3982.) A majority of the board of education shall constitute a quorum for transaction of busi- ness ; upon a motion to adopt a resolution authorizing the pur- chase or sale of property, either real or personal, or to employ a superintendent, teacher, janitor, or other employe, or to elect or appoint an officer, or to pay any debt or claim, or to adopt any text book, the clerk of the board shall call, pub- licly, the roll of all the members composing the board, and en- ter on the record required to be kept the names of those voting "aye" and the names of those voting "no"; if a majority of all the members of the board vote "aye," the president shall declare the motion carried; and upon any motion or resolu- tion any member of the board may demand the yeas and nays, and thereupon the clerk shall call the roll and record the names of those voting "aye" and those voting "no," pro- vided, that boards of education may provide for the pay- ment of superintendents, teachers and other employes b^^ payroll if deemed advisable, but in all cases the roll call and record, provided for herein shall be complied with. (97 v. 356.) Stx\tute Must be Followed. — The provision that, at an ap- pointment of a teacher, the clerk of the board shall call the roll of all the members comprising the board to announce his candidate is mandatory and must be complied with. (Pierce v. Board of Education of Special School District No. 7 of West Loveland, 1 N. P., 286.) It is presumed that the name of the township clerk need not be called, as he does -not vote. It is evident that a majority of all the members of the township board entitled to vote will carry a measure. (See section 3915, § 32.) In all cases except 109 CALL OF AYE AND NAY VOTE, § 89 those which are declared to require a majority of all the mem- bers composing the board, a majority of a quorum is sufficient to pass a measure, and the roll need not be called unless de- manded by a member of the board. In case a vacancy occurs in the board, see note on section 3981 (§ 88). No member of a board can delegate his power to act to an- other person, either as a member of the board or otherwise. Is is said that this is sometimes done. But acts depending upon such delegated votes are void. For heavy penalty at- tached to such assumption of official duty, see R. S., section 6913. Respecting the mode in which contracts by corporations shall be made, it is important to observe that when the mods of contracting is specially and plainly prescribed and limited, that mode is exclusive, and must be pursued, or the contract will not bind the corporation ; but the courts have sometimes regarded provisions on this subject as directorv. (Dillon on Mun. Corp., 465.) There is no room to doubt that the requirements of this section are mandatory, and that they absolutely forbid the transaction of these enumerated items of business in any other way than that prescribed in this section. To make any of these contracts in any other mode than that prescribed is to act idtra vires. An agreement by members of a township board of education, acting in their individual capacity, to purchase from another person apparatus for the schools of the township, and to ratify such contract of purchase at the next meeting of the board, is contrary to public policy, and is; therefore, illegal and void, and not enforceable, either against the board or members thereof as individuals. (McCortle v. Bates, 29 0. S., 419.) Boynton, J., also said: "Such defenses as would have been allowed had the map vendor retained the claim and brought suit upon it himself, are now admissible against the plaintiff. Assuming, without deciding, that, by the understanding of the parties to the agreement, the defendants incurred personal lia- bility, it was quite clear that there was no error in the action of the common pleas in sustaining the demurrer and dismiss- ing the petition. . . . The statute requires the clerk to . . . record, in a book to be provided for that purpose, all the official proceedings. . . . Clothed with such powers and charged with such duties and responsibilities, it will not be permitted to such boards of education to make any agreement among themselves, or with others, by which their public ac- tion is to be, or may be restrained or embarrassed, or its free- dom in any wise affected or impaired. The public, for whom they act, have the right to their best judgment after free and § 89 GUIDE FOE OHIO SCHOOL OFFICERS. 110 full discussion and consultation among themselves of and upon the public matters intrusted to them in the section provided for by statute. . . . The court will not enter on the inquiry whether such contract would, or would not, in a given case, be injurious in its consequences if enforced. It being against the public interest to enforce it, the law refuses to recognize its claim to validity." A board of education is a body corporate, and the contract- ing of a debt by the board, and the directing the issuance of an order to pay it, are corporate acts which can not be per- formed by the individual members of the board separately; and, therefore, a contract which was signed by the members of the board separately, and delivered to the clerks, and which was afterward, at a subsequent meeting, repudiated by the board, was held not to be binding upon either party. (State v. Liberty Tp., 22 0. S., 144.) The order of the clerk on the treasurer is not negotiable, and the written acceptance of an order by a treasurer who has gone out of office imposes no greater obligation on the treasurer to pay than if it had been presented without such indorsement. To rescind action requiring such full majority of the board as this section calls for, or requiring a full two-thirds vote, of course requries a like vote. This section is to be construed with section 3985 (§ 92), and it is not intended that the action contemplated in this section should be taken in violation of reasonable rules which may have been adopted by the board and in pursuance of section 3985 (§ 92). Where, under authority given by section 3985 (§92), the board has adopted a rule requiring that a resolution providing for a change in text-books should be referred to a committee on text-books, and should not be acted upon for four weeks from its introduction, such rule is reasonable and binding upon the board. State ex rel. v. Board of Education, 2 C. C. E., 510.) A contract for sinking a well made by a local director is within the provisions of this section, and is a purchase, re- quiring an aye and nay vote. (Neubauer v. Union Tp., 6 N. P., 530.) Where the minutes show the aye and nay vote and how each member voted but does not state expressly that the roll was called, this is sufficient compliance with this section. (Ketch- am V. Fitches, 13 C. C, 207. An election to fill a vacancy on the board is not an election of an officer, and would not come under the provisions of this section. In ease a board should really lose half or more of its mem- Ill RECORD OF PROCEEDINGS. §§90,91 bers, the county commissioners must keep up the schools. As they may do all that a board could do, they may appoint a new board, or members enough to proceed with the appoint- ments to the completion of a new board; see section 3969 (§ 70). In all cases except those which are declared to require a majority of all the members composing the board, a major- ity of a quorum- is sufficient to pass a measure, and the roll need not be called unless demanded by a member of the board. • See §206 (§4017). § 90. [Absence of president or clerk.] (§ 3983.) If, at any meeting of the board, either the president or the clerk is absent, the members present shall choose one of their num- ber to serve in his place pro tern-pore; and if both are absent, both places shall be so filled; but on the appearance of either at the meeting, after his place has been so filled, he shall im- mediately assume the duties of his office. (70 v! 195, § 31.) § 91. [Record of proceedings and attestation thereof.] (§ 3984.) The clerk of the board shall record the proceedings of each meeting, in a book to be provided by the board for that purpose, which shall be a public record; the record of proceedings at each meeting of the board shall be read at its next meeting, corrected if necessary, and approved, and the approval shall be noted in the proceedings; and after such approval the president shall sign the record, and the clerk shall attest the same. (70 v. 195, § 29; 71 v. 15, § 42.) Proceedings Proved by the Record. — Where a board at a regularly called meeting make a contract with a teacher, but no record is made of the proceedings, the same may be proved by parol. (Dixon v. Subschool District, 3 C. C. R., 517.) "A board of education can sp^ak only through its records, and these must accordingly be complete, showing just what the board did, and no more. A motion made by a member, seconded by another member, stated by the president, and" voted on by the board, is business and is to be recorded, though not a single member voted for it. Any vote^upon it, as to refer, to postpone, or to lay upon the table, is action and should be recorded. If the board adjourn pending the consideration of the motion, the motion should be recorded. If the mover withdraws the motion, by consent of the board, by general consent it may also be omitted from the records." § 92 GUIDE FOR OHIO SCHOOL OFFICERS. 112 The records of a special meeting should state by whom the meeting was called, and the objects mentioned In the notice, as the legality of the proceedings depends on the legality of the call and the conformity of the proceedings with the objects stated in the notice. If a record is inadequately entered, parol evidence may, it seems, be admitted to show that action was taken which is not found on the records at all. The commissioner of schools of Rhode Island decided, under instruction of Judge Brayton of the supreme court, that "imperfection in a clerk's record of a resolution does not render invalid a tax properly voted. ' ' Yet all these imperfections in the record lead to troublesome litiga- tion, often to questions which only courts of law can decide, and in which their decision may be such as to defeat what was attempted to be done in the case. School districts are required by law to keep an account of their proceedings by a sworn clerk, and such proceedings can be proved only by the record, or a copy thereof duly authen- ticated. (38 Me., 164.) The power to amend the records exists with the clerk while he is in office, but not after his term expires, nor for any pur- pose other than to make them truthful and complete as to fact. (11 Mass., 477; 17 Me., 444.) Records of quasi corporations are not considered of that ab- solute verity that parol testimony is inadmissible to show facts upon which the record is silent. (State of Indiana v. John et al., 5 Ohio, 136.) Vote must be recorded, when, § 89 (§ 3982). § 92. [Boards to make rules; illegal meetings.] (§ 3985.) The board of education of each district shall make such rules and regulations as it may deem necessary for its government and the government of its appointees and the pupils of the schools; and no meeting of a board of education not pro- vided for by its rules or by law shall be legal unless all the members thereof have been notified as provided for in section thirty-nine hundred and sevfcty-eight (§ 86). (97 v. 356.) Comments. Reading Bible in Public What are Proper Rules. Schools. Comments. — The act of the board of education and the teachers, in matters of organizing, grading and governing the school, will be conclusive, unless the power is abused or per- verted under some apparently reasonable pretense. (23 Pick., 224; 2 Cush., 198.) 113 PROPER RULES, ETC. § 92 It is competent for boards of directors to provide rules that pupils may be suspended from the schools in case they shall be absent or tardy, except for sickness or other unavoid- able cause, a certain number of times within a fixed period. (31 Iowa, 562.) "In the school room the teacher has the exclusive control and supervision of his pupils, subject only to such regulations and directions as may be prescribed or given by the school board." (Barden School Law.) Children on their way to and from school are under the control of their teacher. (43 Bull., 12.) As the act authorizing the board to make rules does not pro- vide how they shall be enforced, the board has discretionary power over the subject. A rule that a pupil not prepared with a rhetorical exercise should be suspended unless excused for cause is reasonable. Neither the board nor the teacher suspending a pupil under such rule is liable for damages. (Sewell V. Bd. of Education, etc., 29 0. S., 89.) The rules must not be inconsistent with section 3982. (Bd. of Education v. Best, 52 0. S., 138, 149.) See State ex rel. v. Board of Education of Cleveland et al., 2 C. C, 510, under section 4020-14 (§214). If a deliberate body adopts rules, but no rules for sus- pending a rule, a suspension can not be by a bare majority, for the rule would then have no force as a rule. (State ex rel. V. B'd of Education of Cleveland et al., 2 C. C, 510, 517.) Corporal punishment may be inflicted if such are the rules of the school, and an unknown predisposition to certain dis- eases will not make an otherwise proper punishment tortuous. (Quinn v. Nolan, 4 Bull. 81.) A reporter is on the floor of a school board as a privilege and not as a right, a gallery being provided for the rest of the public, and the board may expel him. That he was on the floor by a rule of the board, and that another rule changing the rule can not be had without laying over for a meeting, is an objection on a point of order which persons not members can not avail themselves of. (Robert Corre, Plaintiff in Error, V. The State of Ohio, Defendant in Error, 9 Bull., 242.) A court may review the action of a board and pass upon the reasonableness of any of its rules, but if they have erred, while discharging their duty in good faith, they are not liable to action therefor. (32 Vermont 224.) What are Proper Rules. — In other states it has been held that the officers may prescribe necessary rules for clas- sification of pupils as to studies they are following, and pro- motion, but can not expel for refusing to study a required § 92 GUIDE FOE OHIO SCHOOL OFFICERS. 114 branch that conld be omitted, without interfering with the classes, where the parent demands that it be omitted, and where they refused to admit a pupil to the high school unless he complied with rules as to course of studies, the request by parent as excusing him from grammar recitals should have been followed. (Trustees v. People, 87 111., 303.) Where book-keeping was not one of the branches required by law, but the board were authorized to have higher branches taught than those enumerated, and where a scholar refused to pursue that study and was rejected forcibly from the building, she was awarded damages. (Rulison v. Porb, 79 111., 567.) A rule barring the doors of school houses against little chil- dren coming from a great distance in winter, for being a few minutes tardy, is unreasonable and unlawful. (Thompson v. Beaver, 63 111., 350.) A rule suspending pupils for absence for six half-days with- out a valid excuse is a reasonable rule. (Churchill v. Fenke (111.), 13 Brad., 520; King v. Jeff. Sch., etc., 71 Mo., 628.) A student may be required to submit to any proper rule necessarv for the good government of the school. (State v. White, 82 Ind., 286.) The teacher has no right to enforce same by beating him for not studying certain branches ; the proper remedy is ex- pulsion. (State V. Mizner, 50 Iowa, 152.) Expelling a boy because he accidentally broke a window playing ball, and did not pay for it as required by a rule of the directors, was not upheld. (Perkins v. Directors, 56 Iowa, 152.) Expulsion for being tardy is a proper rule. (Bendick v, Babcock, 31 Iowa, 562; Russell v. Lynnfield, 116 Mass., 366.) Expelling a Catholic scholar for not complying with a rule which required the use of the Bible in the school was sus- tained. (Donahue v. Richards, 38 Me., 379.) Regulations forbidding the attendance of immoral or licen- tious persons can be enforced, although the conduct of such persons mav be proper while at school. (Sherman v. Charles- town, 8 Cush., 160.) Where the pupil refused to obey the rule, that the school should be opened by prayer and reading from the Bible, and that during prayer and reading from the Bible the pupils should bow their heads, but might be excused at request of the parent, and a pupil was expelled for refusing, and his parent refused to request his being excused, his expulsion was sustained. Spitler v. Woburn, 12 Allen, 127.) Where the board fails to record the rules it will not render them void. (Russell v. Lynnfield, 116 Mass. 365.) A rule prohibiting an expelled student from attending pub- 115 READING BIBLE IN PUBLIC SCHOOLS. § 92 lie exhibitions given at the normal schools of the state is tyrannical, and can not be enforced if the party conducts himself properlv at the exhibitions. (Hughes v. Goodell (Pa.), 3 Pitts. R., 264.) . A teacher suspending a pupil for using tobacco in viola- tion of a rule adopted by the teacher, the directors objecting to the rule and discharged the teacher, the court upheld the board, they only having the power to suspend, the teacher could only suspend temporarily. (Parker v. Sch. Dist., 5 Lea (Tenn.), 525.) "Where Catholic parents requested permission of their chil- dren to be absent on Catholic holidays, the rule of the com- mittee suspending for absence was sustained. (Ferriter v. Tyler, 48 Vt., 444.) Where the teacher required the pupil to write English com- positions and suspended for not complying with the rule, he was sustained. (Guernsey v. Pilkin, 32 Vt. 226.) In another case where parent asked teacher to excuse child from studying geography and teacher punished the child for compl.ying with request, it was held that she exceeded her authority. (Morrow v. Wood, 25 Wis. 59.) The court deelined to follow this case in Kidder v. Chellis, 59 N. H., 473. Where the school board was opposed to secret fraternities, and passed a rule that all students who should thereafter be- come members of any high school fraternity should be de- nied all the privilges of the high school except the class- room, such a rule was upheld as being within the power of the board. (Wayland v. Board of School Directors, 86 Pac. Rep. (Wash., 1906), 642.) Reading Bible in Public Schools.— It has been seriously contended that a rule requiring the reading of the Bible and offering prayer conflicted with the constitutional rights of the individual. This question was directly before the common pleas court of Mahoney county, and it was there held such a rule was valid and did not interfere with any constitutional rights of the individual. (J. B. Nessle v, R. W". Hain, 1 N. P., 140.) It has never come directly before our supreme court. In The Board, etc., v. Minor, 23 0. S., 211, it was held that the board could prohibit its use, because the legislature had placed the management of the public schools in the board of education, etc., and that the Constitution of the state does not enjoin or require the reading of religious books or relig- ious instructions in the public schools. The briefs and opin- ion in this case are very interesting reading. This matter has recently been thoroughly gone over by the decision of the supreme court of our sister state. Ken- § 92 GUIDE FOR OHIO SCHOOL OFFICERS. 116 tucky, in which all the eases are reviewed. In this case, Hack- ett V. Brookville, decided May 31, 1905, the judge (O'Rear) says : ''J., appellant, who resides in the town of Brooksville, and has children attending the Brooksville graded common school, brought this suit against the trustees and teachers of the school, seeking an injunction against the use of the English translation of the Bible, known as the 'King James' or 'Au- thorized Edition,' and to prevent the teachers from opening the school with prayers or songs alleged to be of a denomi- national character. On full hearing the injunction was de- nied, and the petition dismissed. ''To get at the exact question presented for decision on this appeal, we will eliminate the allegation concerning worship of God by singing of sectarian songs. There was no proof whatever that any songs of any kind had been sung during the school year in which the suit was brought, nor was it either required or permitted. Whether it was permissible to have sung the songs complained of is not, therefore, a mat- ter considered by the court. "Appellant invokes section 189 of the Constitution of Ken- tucky, and section 4368, Ky. St. 1903, which read as follows: " 'No portion of any fund or tax noAV existing, or that may hereafter be raised or levied for educational purposes, shall be appropriated to, or used by, or in aid of any church, sec- tarian or denominational school.' (Section 189, Const.) " 'No books or other publications of a sectarian, infidel or immoral character, shall be used or distributed in any com- mon school ; nor shall any sectarian, infidel or immoral doc- trine be taught therein.' (Section 4368, Ky. St. 1903.) "The Brooksville graded common school is maintained by the state by the imposition of taxes. It is open alike to all white children within certain ages who or whose parents are residents of the district. It is in no sense a sectarian church or denominational school. Section 189 of the Constitution was aimed not to regulate the curriculum of the common schools of the state, but to prevent the appropriation of public money to aid schools maintained by any church or sect of religion- ists. If the constitution deals directly with the question of compulsory worship, it is in section 5, which reads as fol- lows: 'No preference shall ever be given by law to any re- ligious sect, society or denomination; nor to any particular creed, mode of worship or system of ecclesiastical polity; nor shall any person be compelled to attend any place of worship, to contribute to the erection or maintenance of any such place, or to the salary or support of any minister of religion; nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed ; and the civil rights, 117 PRAYER IN PUBLIC SCHOOIS. § 92 privileges or capacities of no person shall be taken away, or in any wise diminished or enlarged, on account of his belief or disbelief of any religious tenet, dogma, or teaching. No human authority shall, in any case whatever, control or inter- fere with the rights of conscience.' If, under the guise of public instruction, children should be required to attend schools where worship of God was compulsory, it would seem to be within the prohibition of that section. "We find from the evidence in this case that while chapters of passages from the Bible (King James translation) were read, and pray- ers were offered by the teachers at the opening of the school each morning, appellant's children, who are members of the Eoman Catholic Church, were not required to attend during those exercises, nor were they or others who were conscien- tiously opposed to doing so required to participate in them. "Two questions are presented by the record for decision: (1) Does the offering of prayer to God in opening school, such as was offered in the Brooksville school, make that school a 'sectarian school,' within the meaning of section 189 of the Constitution? (2) Is the King James translation of the Bible a 'sectarian book' within the meaning of section 4368, Ky. St.? "The prayer that was offered, and which it is urged converted the school into a sectarian school, is as follows: 'Our Father who art in heaven, we ask Thy aid in our day's work. Be with us in all we do and say. Give us wisdom and strength and patience to teach these children as they should be taught. May teacher and pupil have mutual love and respect. Watch over these children, both in schoolroom and on the playground. Keep them from being hurt in any way, and at last, when we come to die, may none of our number be missing around Thy throne. These things we ask for Christ's sake. Amen." It has not been pointed out to us wherein the prayer quoted is sectarian in its construction. The Rev. Father James A. Cusack, a witness for appellant, asseverates that, in his opinion, it is sectarian. But he admits that there is nothing in it repugnant to the doctrines of his religious belief (Roman Catholic). Nor does he claim that it is promulgated, author- ized or used by any sect of religionists whatever. As neither the form nor substance of the prayer complained of seem to represent any peculiar view or dogma of any sect or denomi- nation, or to teach them, or to detract from those of any other, it is not sectarian, in the sense that the word is com- monly used and understood, and as it was evidently intended in the section quoted. The constitutional convention, in fram- ing the organic law for all the people of the state, must be presumed to have used ordinary words, not according to the peculiar views of a few, but as generally used. The word § 92 GUIDE FOR OHIO SCHOOL OFFICERS. 118 'sectarian,' from the connection in which it is nsed, can not be given the construction contended for by appellant, which seems to be that any form of prayer not authorized by a par- ticular church is sectarian. "Though it be conceded that any prayer is worship, and that public prayer is public worship, still appellant's children were not compelled to attend the place where the worshiping was done during the prayer. The school was not 'a place of worship,' nor are its teachers 'ministers of religion,' within the contemplation of section 5 of the constitution, although a prayer may be offered incidentally at the opening of the school by a teacher. Meetings of the General Assembly are opened by prayer, and other state institutions authorize the worship of God. They have never been regarded as fostering sectarian teachings. The complaint in this case goes only to the sec- tarian feature of the exercises, not because they were religious. It is not contended that it was the purpose of the Constitu- tion to prevent worship, nor to prevent teachers in the public schools from assuming worshipful relations. The great aim was to keep Church and State forever separate as distinct in- stitutions; to prevent the government of one from assuming rightful control of the government of the other. Nor is it clear that it was intended to keep religion out of the school, though it is apparent that one aim, at least, was to keep the 'church' out. The question is not presented, and is not, therefore, de- cided, whether any exercise which partakes incidentally of worship is prohibited. "The main question, we conceive to be, is the King James translation of the Bible, or, for that matter, any edition of the Bible, a sectarian book? There is, perhaps, no book that is so widely used and so highly respected as the Bible ; no other that has been translated into as many tongues ; no other that has had such marked influence upon the habits and life of the world. It is not the least of its marvelous attributes that it is so catholic, that every seeming phase of belief finds comfort in its comprehensive precepts. Many translations of it, and parts of it, have been made from time to time, since two or three centuries before the beginning of the Christian era. And since the discovery of the art of printing and the manufacture of paper in the sixteenth century, a great many editions of it have been printed. There is controversy over the authenticity of some parts of some of the editions. And there are some people who do not believe that any of it is the inspired or revealed word of God. Yet it remains that civilized mankind generally accord to it a reverential regard, while all who study its sublime sentiments and consider its great moral influence must admit that it is, from any point of view, one of the most important of books. That it has 119 READING BIBLE IN PUBLIC SCHOOLS. § 92 drawn to its careful study and research into its history and translations so many profound scholars of history, is not to be wondered at. The result has been that, while many edi- tions of the several translations have been made, those based upon the revision compiled under the reign of King James I, 1607-1611, and very generally used by Protestants, and the one compiled at Douay some time previous, and which was later adopted by the Roman Catholic Church as the only au- thentic version, are the most commonly used in this country. That the Bible, or any particular edition, has been adopted by one or more denominations as authentic, or by them asserted to be inspired, can not make it a sectarian book. The book itself, to be sectarian, must show that it teaches the peculiar dogmas of a sect as such, and not alone that it is so compre- hensive as to include them by the partial interpretation of its adherents. Nor is a book sectarian merely because it was edited or compiled by those of a particular sect. It is not the authorship nor mechanical composition of the book, nor the use of it, but its contents, that give it its character. Appel- lant's view seems to be that the church is the custodian and interpreter of the Bible as God's word. From that it is sup- posed that any Bible not put forth by authority of a church claiming that prerogative is sectarian. The question is not whether the version used is canonical or apocrj^phal. That question does not at all enter into the matter. Otherwise it would inevitably lead to the state that any book not favored by some church authority, or which may be supposed by it to be hostile to its teachings, would be sectarian. In that way the authority of a church could largely control the course of study in the public schools by issuing its bull against certain scientific or moral treatises as being atheistic or heretic. The very mischief aimed at by the framers of the Constitution and by the people adopting it would thus be accomplished, viz., the interference in matters of state by the church. If the legislature or the constitutional convention had in- tended that the Bible should be proscribed, they would simply have said so. The word 'Bible' is shorter and better under- stood than the word 'sectarian.' It is not conceivable that, if it had been intended to exclude the Bible from public schools, that purpose would have been obscured within a controversial word. Nor can we conceive that under the American system of providing thorough education of all the youth, to fit them for good citizenship in every sense, the legislature or the con- stitutional convention could have intended to exclude from their course of instruction any consideration of such a work whose historical and literary value, aside from its theological aspects, would seem to entitle it to a high place in any well- ordered course of general instruction. The history of a re- § 92 GUIDE FOR OHIO SCHOOL OFFICERS. 120 ligion, including its teachings and claim of authority — as, for example, the writings of Confucius or Mahomet — might be profitably studied. Why may not also the wisdom of Solomon and the life of Christ? If the same things were in any other book- than the Bible, it would not be doubted that it was with- in the discretion of the school boards and teachers whether it was expedient to include them in the common school course of study without violating the impartiality of the law concern- ing religious beliefs. The objection does not appear to be to the matter. It is to the publication. "A learned witness for appellant, who gives it as a matter of religious belief and teaching, says that the church is the interpreter of the Bible, but that the Protestants teach on the contrary that every one is his own interpreter. The consitu- tion may be said to teach, too, that every one is his own interpreter, for it guarantees that every one may worship God (which is supposed to include the study of His revealed word) according to the dictates of his own conscience. Chil- dren are taught the Constitution in common schools. May it not be said, then, with equal force that to teach the Constitu- tion, which itself teaches the right of perfect freedom in the worship of God, is sectarian, because some sect might deny that it was right to teach the children to worship God in any way except according to the teachings of that particular sect? Milton, Newton, Galileo, as well as Wicldiffe, Whittingham and Tyndale, came under the bans of the church. The philosophy and the writings of these great thinkers, wherein they do not teach sectarianism, may be used in the public schools, and in some part are so used, in spite of the fact that at one time they were believed to be hostile to God's revlations as inter- preted by the church. This same question in one form or another has come before the courts of the country a number of times. It has not been so free from doubt that the conclu- sions of the judges have always been harmonious. This has been in part owing to the differing expressions of the con- stitutions and statutes being interpreted. While allowing that because of those differences in language the opinions may not appear to be precisely in point, yet they reflect the drift of judicial opinion in this country, so far as it has been expressed, concerning the main idea — whether the Bible is a sectarian book. Likewise whether it may be read in public schools at all. While some of the constitutions construed in terms pro- hibit the use of sectarian books in public schools, yet, inde- pendent of those provisions, it seems to be generally conceded that to teach sectarianism in a public school should be viola- tive of religious freedom, which is guaranteed by every Con- stitution. With this explanation we will briefly review the decisions bearing on the subject. 121 READING BIBLE IN PUBLIC SCHOOLS, § 92 ''One of the earliest casas, celebrated for the great learning displayed, as well as by the distinguished ability of the judge who wrote the opinion, is Vidal v. Girard's Executor, 2 How. (U. S.), 127; 11 L. Ed., 205, opinion by Mr. Justice Story. The question for decision, so far as it bears on this case, was whether a charitable bequest of the late Stephen Girard, es- tablishing a college, prohibited the teaching of Christianity to its pupils. The will contained this restrictive clause: 'I en- join and require that no ecclesiastic, missionary, or minister of any sect whatever, shall ever hold or exercise any station or duty whatever in said college ; nor shall any such person ever be admitted for any purpose, or as a visitor, within the premises appropriated to the purposes of said college." The intention of the testator, so far as it is not unlawful, was as the law of the case. The question was, did he intend to ex- elude the teachings of Christianity or its being taught by the clergy? The testator himself furnished this key to his thought (page 133 of 2 How. [11 L. Ed. 205]) : 'In making this re- striction I do not mean to cast any reflection upon any sect or person w^hatsoever; but, as there is such a multitude of sects and such a diversity of opinion amongst them, I desire to keep the tender minds of the orphans, who are to derive ad- vantage from this bequest, free from the excitement which clashing doctrines and sectarian controversy are so apt to pro- duce ; my desire is that all the instructors and teachers in the college shall take pains to instill into the minds of the scholars the purest principles of morality so that, in their entrance into active life, they may, from inclination and habit, evince benevolence toward their fellow-creatures, and a love of truth, sobriety and industry, adopting at the same time such religious tenets as their matured reason may enable them to prefer.' It would be difficult to express a more fitting description of the underlying principles of our government in its treatment of the subject of public education. In construing those pro- visions of the will which we have quoted as bearing particu- larly on the subject whether the Bible and its teachings might be employed in the college by lay teachers, the court said: 'Why may not the Bible, and especially the New Testament, without note or comment, be read and taught as a Divine rev- elation in the college ; its general precepts expounded, its evi- dences explained, and its glorious principles of morality in- culcated? What is there to prevent a work, not sectarian, up- on the general evidence of Christianity, from being read and taught in the college by lay teachers? Certainly there is nothing in the will that prescribes such studies. Above all, the testator positively enjoins 'that all the instructors and teachers in the college shall take pains to instill into the minds of the scholars the purest principles of morality, so that, on § 92 GUIDE FOR OHIO SCHOOL OFFICERS. 122 their entrance into active life, they may, from inclination and habit, evince benevolence towards their fello^^creatures, and a love of truth, sobriety and industry, adopting at the same time such religious tenets as their matured reason may en- able them to prefer.' Now, it may be asked, What is there in all this, which is positively enjoined, inconsistent with the spirit of truths of Christianity? Are not these truths all taught by Christianity, although it teaches much more ? Where can the purest principles of morality be learned so clearly or so perfectly as from the New Testament? Where are benev- olence, the love of truth, sobriety and industry so powerfully and irresistibly inculcated as in the sacred volume? The testator has not said how these great principles are to be taught, or by whom, except it be by laymen, nor what books are to be used to explain or enforce them. All that we can gather from his language is that he desired to exclude sec- tarians and sectarianism from the college, leaving the instruc- tors and officers free to teach the purest morality, the love of truth, sobriety and industry, by all appropriate means, and, of course, including the best, the surest and the most impressive. Two points are emphasized by the reasoning of the learned judge: (1) That it was sectarianism that was prohbited, and (2) that the Bible is not a sectarian book — which are the two points most prominent in this case. ''Donahue v. Eichards, 38 Me., 379, 61 Am. Dec, 256, was an action against a school board for expelling a pupil who re- fused to read the English version of the Bible, that book hav- ing been adopted by the board as one to Ibe used by the pupils in the course of the school work. We note that counsel for appellee contends that this case ought not to be regarded as authority, because there was neither statute nor constitu- tional prohibition on the subject of sectarian teaching. Yet the court held that* 'The common schools are not for the purpose of instruction in the theological doctrines of any re- ligion or of any sect. The state regards no sect as superior to any other, . . . and, if the tenet of any particular sect were so taught, it would furnish a well-grounded cause of complaint on the part of those who entertained different or opposing religious sentiments.' The court held that the King James translation of the Bible was not a sectarian book. It was said: 'The Bible was used merely as a book in which instruction in reading was given. But reading the Bible is no more an interference with religious belief than would read- ing the mythology of Greece or Eome be regarded as interfer- ing with religious belief or an affirmance of the Pagan creeds. ' "In Spiller v. Inhabitants of Woburn, 12 Allen (Mass.), 127, it was held that the public school committee did not exceed their authority in passing an order that the Bible should be 123 REx\DING BIBLE IN PUBLIC SCHOOLS. § 92 read at the opening of the schools on the morning of each day. 'No more appropriate method could be adopted,' said the court, 'of keeping in mind of both teachers and scholars that one of the chief objects of education, as declared by the stat- utes of this commonwealth, and which teachers are especially enjoined to carry into effect, is to impress on the minds of children and youth committed to their care and instruction the principles of piety and justice, and a sacred regard for truth.' "It is not deemed necessary in this state to define by statute now the purposes of public education. They are at least as broad as the broadest under any similar system in use in any of the states. "Pfeiffer v. Board of Education of District, 118 Mich., 560, 77 N. W. Rep., 250, 42 L. R. A., 536, was an application to the court to. compel the board of education to discontinue the use of a certaiii book known as 'Readings from the Bible' in the public schools of Detroit. The Constitution and laws of Mich- igan on the subject of religious freedom are substantially as are ours, save there M^as no express inhibition of sectarian in- struction in public schools. The question decided by the court was that Readings from the Bible, though it was used as a text-book in the school, did not violate constitutional provisions guaranteeing to every one the right to worship Almighty God according to the dictates of his own conscience ; nor was it a compulsion of any person to attend or support any place of religious worship, or to pay taxes to any minister of the gospel or teacher of religion ; nor was it an appropriation of the pub- lic money for the benefit of any religious sect or society; nor was it a diminution of the civil rights of any person on account of his religious belief. One judge dissented from the opinion of the court. "In Moore v. Monroe, 64 Iowa, 367, 20 N. W. Rep. 475, 52 Am. Rep. 444, it was shown that the teachers of the school were accustomed to occupy a few minutes each morning in reading selections from the Bible, in repeating the Lord's Prayer and singing religious songs. The plaintiff had two children in the school, but they were not required to be present during the time thus occupied. A statute of that state provided: 'The Bible shall not be excluded from any school or institution in this state, nor shall any pupil be required to read it contrary to the wishers of his parent or guardian.' The Constitution of the state prohibited the legislature from passing any law interfering with the free exercise of religious M^orship, or com- pelling any person to pay taxes to support any religion, or for building any place of worship, or the maintenance of any ministry. The plaintiff's contention was that by the use of the school house as a place for reading the Bible, repeating the Lord's Prayer and singing religious songs, it was made a place § 92 GUIDE FOR OHIO SCHOOL OFFICERS. 124 of worship ; that his children were compelled to attend a place of worship, and he, as a taxpayer, was compelled to aid in building and repairing a place of worship. The court held that the statute did not have any of the effects claimed by the plaintiff. In the absence of such a statute, a rule of the school board to the same effect could not, of course, violate the same constitutional principles, if the statute would not have done so. "The supreme court of Illinois, in McCormick v. Burt, 95 111., 263, 35 Am. Rep., 163, held that a rule of the directors of a public school requiring the reading of a King James edition of the Bible for fifteen minutes each morning, at which, however, no one was required to be present or to participate in, was not unconstitutional as interfering with the religious conviction of the plaintiff and his father, who were patrons of the school, and Roman Catholics. In none of the states from which the foregoing opinions have been cited was there an express prohibition of the use of sectarian books. Still in all of them there was the familiar and fundamental constitutional provision guaranteeing relig- ious freedom, which would have been violated as was held in every intsance, either in terms or by necessary implication, by the teaching of sectarian doctrines. That such would have been the result of such teaching seems to us to perfectly obvi- ous. In the very learned and exhaustive note by Judge Free- man to County of Cook v. Industrial School, 8 Am. St. Rep., 386 (case reported in 125 111., 540, 18 N. E. Rep., 283, 1 L. R. A., 437), it is shown that the Constitution of twenty-four states contain provisions prohibiting the payment of moneys or any apropriation or grant for the support, benefit, or in aid of sectarian schools. The editor, commenting on the constitu- tional provisions mentioned, and others where they are silent upon the matter of sectarianism, sa^^s: 'In view of the above decisions and constitutional provisions, we conclude that the words used in the several Constitutions, in point, where the language does not expressly so indicate, must have been in- tended by the people who ratified them to provide against the promulgation or teaching of the distinctive doctrines, creeds, or tenets of any particular Christian or other religious sect in schools or institutions where such instruction was to be paid for out of the public funds, or aided by such funds or by public funds, or aided by such funds or by public grants, and that a school or institution is sectarian when the doctrines or tenets of some particular faith, sect, or religion are taught to the exclusion of others; and especially so where the school or institution has a distinctive or strict denominational name de- scriptive or indicative of the fundamental doctrines of the sect to which it belongs; or where a school or institution is under 125 READING BIBLE IN PUBLIC SCHOOLS, § 92 the exclusive control of a sect, having such name, and by a course of instruction excluding all others, seeks to inculcate its tenets alone, it is then sectarian ; and it makes no difference that pupils of all sects, denominations and religious beliefs, or those of no beliefs, are permitted the advantages of such school or institution. It is what is taught that is the determining fac- tor.' "This brings us to the consideration of the authorities relied on by appellant. "State v. District Board of School District, No. 8, of the City of Edgerton, 76 Wis., 177, 44 N. W. Rep., 967, 7 L. R. A., 330, 20 Am. St. Rep., 41, is the pricipal case cited. The questions there presented were whether the reading of select- ed portions of the King James translation of the Bible during school hours violated the rights of conscience, compelled com- plainants to aid in support of a place of religious worship, and was sectarian instruction. All three propositions were in the affirmative. The decision is apparently against the weight of authority. The court seemed to realize as much, if they should be regarded as all bearing on the same prin- ciple. Speaking of them, but not discussing them in detail, the court said: 'A number of cases in different states, sup- posed to have a bearing upon the main question here con- sidered and determined (to wit, whether the King James version of the Bible is a sectarian book), have been cited, and quotations made therefrom at considerable length by the respective counsel and by the circuit judge overruling the demurrer to the answer. None of the states in which those decisions were made seem to have in their Constitutions a di- rect prohibition of sectarian instruction in the public schools. It is believed that this state was the first which expressly embodied the prohibition in its fundamental law, and we are not aware of any direct adjudication of the question under consideration.' The court seems to turn the ease upon the fact that the King James version, 'the whole of it,' was used as a reading book in the school. The opinion admits that text-books founded upon or containing extracts from the Bible might be properly used. It was even said: 'The constitutional prohibition of sectarian instruction does not include them, even though they may contain passages from which some inferences of sectarian doctrine might possibly be drawn. Furthermore, there is much in the Bible which can not justly be characterized as sectarian. There can be no valid objection to the use of such matter in the secular instruction of the pupils. Much of it has great historical and literary value, which may be thus utilized without vio- lating the constitutional prohibition. It may be used to incul- cate good morals — that is our duty to each other — which may § 92 GUIDE FOR OPIIO SCHOOL OFFICERS. 126 and ought to be inculcated by the district schools. No more complete code of morals exists than is contained in the New Testament, which reaffirms and emphasizes the moral obli- gations laid down in the Ten Commandments.' With pro- found respect to the supreme court of -Wisconsin, we are nevertheless unable to see how its position can be main- tained logically. For it takes no notice of the conscientious conviction of the Jews, or non-believers, any of whom may have as valid objection to the use of aijy part of the New Testament as Eoman Catholic citizens have to the King James version. It seems to narrow the question down to matter of canonical approval of the printed volumes. The court does not attempt to argue, nor do we see how it could be maintained, that that fact alone could make a book sec- tarian which in its matter was not inherently so. "The next case is State of Nebraska ex rel. Freeman v. Sehere, 91 N. W. Rep., 846, 93 N. W. Rep., 169, 59 L. R. A., 927. The Constitution of Nebraska provides: "No sectarian instruction shall be allowed in any school or institution sup- ported in whole or in part, by the public funds set apart for educational purposes. The action complained of was the reading of sections and extracts from the 'King James Ver- sion or translation of the Bible.' and the signing of certain religious and sectarian songs, and the offering of prayer to the Deity. The court said: 'We do not think it wise or necessary to prolong a discussion of what appears to us an almost self-evident fact — that exercises such as are com- plained of by the relator in this case both constitute religious worship and are sectarian in their character, within the meaning of the Constitution. Nor do we feel inclined to make what might be looked upon as a spurious exhibition of learning by quoting at length from the many judicial deci- sions and utterances of eminent men in this country concern- ing the subject. Perhaps the case most nearly in point, be- cause of similarity both of facts involved and constitutional enactments construed to the case at bar, is State ex rel. Weiss V. District Board, 76 Wis., 177. 44 N. W. Rep., 967, 7 L. R. A., 330, 20 Am. St. Rep., 41.' It is undeniably the peculiar province of the Supreme Courts of the states to place final authorative construction upon the Constitutions of their respective states in matters involving solely their internal policy. Whether the reasons given by the court are sound are not, is not material as affecting the binding force of the construction upon citizens and others whose actions come up for consideration by the government of that state. But where the opinion is cited abroad as persuasive argu- ment why its conclusions should be elsewhere adopted, it is of the first importance that its reasoning should be sound. 127 READING BIBLE IN PUBLIC SCHOOLS. § 92 That similar provisions, or the same principle of law have fre- quently come before other high courts of last resort, and been by them decided in a certain way, is a fact that can not safely be ignored. It is more than likely that a general concurrence of judicial opinion on the same subject is apt to be right. Due deference to the enlightened judgment of the learned profession of law, and to all concerned, leave no alternative but to consider all that has been said by courts of equal rank upon the subject of such universal importance as to have been incorporated in some form in every constitution of the states of America. Two of the judges of the Supreriae Court of Nebraska confined their concurrence to the point of 'sec- tarian instruction.' On petition for rehearing the chief justice filed a response on behalf of the court. The only case admitted to have a direct bearing on the question opposing the court's conclusions was the Michigan case cited above. But we observe what appears to us to be a modification of the original opinion in parts of the response. After point- ing out that there are admittedly verbal differences between the King James and the Douay translations of the Bible, which some sectarians regard as material, the court said: 'But the fact that the King James translation may be used to incul- cate sectarian doctrines affords no presumption that it will be so used. The law does not forbid the use of the Bible in either version in the public schools. It is not proscribed either by the Constitution or the statutes, and the courts have no right to declare its use to be unlawful because it is possible or probable that those who are privileged to use it will misuse the privilege by attempting to propagate their own peculiar the- ological or ecclesiastical views and opinions. The point where the courts may rightfully intervene, and where they should intervene without hesitation, is where legitimate use has degen- erated into abuse — where a teacher employed to give secular instruction has violated the constitution by becoming a 'sec- tarian propagandist. . . . The section of the Constitution which provides that "no sectarian instruction shall be allowed in any school or institution supported, in whole or in part, by the public funds set apart for educational purposes," can not under any canon of construction with which we are ac- quainted, be held to mean that neither the Bible nor any part of it, from Genesis to Revelation, may be read in the educa- tional institutions fostered by the state. The court also wisely noted that sectarian instruction might occur from frequently reading, even without note or comment, of 'judiciously selected passages,' and observed that whether such practices existed as amounted to sectarian instruction must be determined upon the facts of each particular case. We find ourselves in entire § 92 GUIDE FOR OPIIO SCHOOL OFFICERS. 128 accord with the views quoted above from the response of the Nebraska Supreme Court. "In Board of Education v. Minor, 23 Ohio St., 211, 13 Am. Rep., 233, the only question presented or decided was whether the school board might not prohibit the reading of the Bible in the public schools. It was held that they could; that nothing in the laws of that state made it compulsory upon the boards or teachers to use the Bible as a text book. "We believe the reasons and weight of the authorities sup- port the view that the Bible is not of itself a sectarian book, and, when used merely for reading in the common schools, without note or comment by teachers, is not sectarian instruc- tion, nor does such use of the Bible make the school house a house of religious worship. "The judgment of the circuit judge, having been in accord herewith, is affirmed. "Cantrill, J., absent, "Note — [In. Cent. Law Journal, vol. 61, 1, 55]. The Weight vf Opinion is to the Effect that the Beading of Portions of the Bible and Singing of Religions Songs at the Opening of a Pub- lic School is not in Violation of Article 1, Section 3, of the Bill of Bights, in Begard to the Establishment of Beligion in Sup- port of Worship by Taxation. — Children are not required to be present at these exercises. For this reason, an injunction was refused, asking that such exercises be restrained. Moore v. Monroe, 64 Iowa, 367, 20 N. W. Eep. 475. "In Massachusetts the school committee of a town have the legal power to pass a rule requiring the schools to be opened by reading the Bible and prayer every morning and that each child shall bow the head during the prayer, and that any scholar may be excused from bowing the head whose parents request it, and when any scholar refuses to obey the rule and his parents refuse to request that he be excused, the com- mittee may exclude such scholar from the school. "The reason for the rule is very clearly set forth in a recent Pennsylvania case entitled Hysong v. Gallitzin Borough School, 164 Pa. St., 629, which seems to us to carry the rule to the limit. A bill was filed to restrain the school directors of Gallitzin Borough School District, from permitting sec- tarian teaching in the common schools of the borough and from employing as teachers sisters or members of the order of St. Joseph, a religious society of the Roman Catholic Church. The court found that there was no evidence of any religious instruction or religious exercises of any character whatever during school hours. But the court found that after school hours the school room was used by the teachers in im- 129 READING BIBLE IN PUBLIC SCHOOLS. § 92 parting Catholic religions instrnction to children of Catholic parents, with the consent of or by the request of the parents. This the court enjoined, because.it was a use of the school property for sectarian purposes after school hours. "Of the eight teachers, six of them were sisters of a religious order of the Catholic Church, and while teaching wore the habit of the order. The learned judge of the court below says: 'We conclude as to this branch of the case, that, in the absence of proof that religious sectarian instruction was imparted by them during school hours, or religious sectarian exercises engaged in, we can not restrain by injunction mem- bers of the order of St. Joseph from teaching in the public schools in the garb of their order nor the school directors from employing or permitting them to act in that capacity.' "Which language and conclusion the Supreme Court of Penn- sylvania approved with the exception of Mr. Justice Williams who dissented in an able opinion, in the course of which, he stated that: 'It is a school with eight departments and a separate teacher for each. The eight teachers are members of the same church or sect. This is unusual but not unlaw- ful. Six of these teachers presiding over six of the depart- ments are nuns of the sisterhood of St. Joseph. They have renounced the world, their own domestic relations and their family names. They have also renounced their property, their right to their own earnings, and the direction of their own lives, and bound themselves by solemn vows to the work of the church and obedience to ecclesiastical superiors. They have ceased to be civilians or secular persons. They have be- come ecclestiastical persons known by religious names and devoted to religious work. "Among other methods by which their separation from the world is emphasized, and their renunciation of self and sub- jection to the church is proclaimed, is the adoption of a distinctly religious dress. This is strikingly unlike the dress of their sex whether Catholic or Protestant. Its use at all times and all places is obligatory. They are forbidden to modify it. Wherever they go, this garb proclaims the church, the order and their separation from the secular world as plainly as a herald could do if they were constantly attended by such a person.' "The question presented on this state of facts is whether a school which is filled with religious or ecclesiastical persons as teachers, who come to the discharge of their duties, wear- ing their ecclesiastical robes, and hung about with the rosaries and other devices peculiar to their church and order is not necessarily dominated by sectarian influence and obnoxious to the spirit of our constitutional provisions and the school laws. § 93 GUIDE FOR OHIO SCHOOL OFFICERS. 130 "In Wisconsin the reading of the Bible in public schools is regarded as unconstitutional and the withdrawal of a portion of the scholars during the time of the reading of the Bible was regarded as tending to destroy the equality and uniform- ity of treatment of the pupils sought to be established and protected by the Constitution, and the further reason given is, that each sect, with a few exceptions, bases its peculiar doctrine upon some portion of the Bible, the reading of which tends to inculcate those doctrines, therefore, the reading of the Bible is an act of worship and if allowed, the taxpayer would be supporting it." § 93. [Board may make and enforce the rules for vaccina- tion.] (§ 3986.) The board of each district may make and enforce such rules and regulations to secure the vaccination of, and to prevent the spread of smallpox among the pupils attending or eligble to attend the schools of the districts, as in its own opinion the safety and interest of the public require; and the boards of health and councils of municipal corpora- tions, and the trustees of townships, shall, on application of the board of education of the district, provide at the public expense, without delay, the means of vaccination to such pupils as are not provided therewith by their parents or guard- ians. (69 V. 22, § 1.) Section 3986 is a valid enactment not repugnant to the Constitution of the State of Ohio, nor violative of the Fourteenth Amendment of the United States, and in the exercise of a sound discretion a Board of Education may exclude children not vaccinated from the schools, and the discretion of the board will not be interfered with unless it is shown clearly that it has been abused. State, ex rel., v. Bd. Ed. Sup. Ct, May 7, 1907. Such Laws Constitutional. — It has been seriously contended that it was not within the power of a state to pass a law compelling vaccination, that such laws are in derogation of the rights secured to all individuals by the preamble of the constitution of the United States and by the 14th amendment of the same, and especially of the clauses of that amendment, providing that no state shall make or enforce any law abridg- ing the privileges and immunities of citizens of the United States, nor deprive any person of life, liberty or property, without due process of law, nor deny to any person withm its jurisdiction the equal protection of the laws, and further, that such laws are offered in the spirit of the United States Constitution. . All these objections were recently considered by the United ^States Supreme Court, in Jacobson v. Mass., decided Feb. :20, 1905, the revised laws of that commonwealth provided ^''that the board of health of a city or town, if in its opinion 131 VACCINATION IN SCHOOLS. § 93 it is necessary for the public health or safety, shall require and enforce the vaccination and revaecination of all the inhabitants thereof, and shall provide them with the means of free vaccination. Whoever, being over twent-one years of age, and not under guardianship, refuses or neglects to com- ply w^ith such requirement shall forfeit $5.00. Acting under the above law the city of Cambridge, adopted the following resolution. Form of Resolution. Whereas, smallpox has been prevalent to some extent in the city of Cambridge, and still continues to increase; and, Whereas, it is necessary for the speedy extermination of the dis- ease, that all persons not protected by vaccination should be vacci- nated; and. Whereas, in the opinion of the board of public health and safety, require the vaccination or revaecination of all the inhabitants of Cam- bridge, be it ordered that all the inhabitants who have not been suc- cessfully vaccinated since March 1, 1897, be vaccinated or revaccinated. Afterwards the board adopted a resolution empowering a certain physician to enforce vaccination. Under these regula- tions and laws the plaintiff, Henning Jacobson, was arrested, charging him with having refused and neglected to comply with the same. He was convicted by the lower court, which was affirmed by the Supreme Court of Massachussetts, and then by the United States Supreme Court. In the opinion it is said "and the principle of vaccination as a means to pre- vent the spread of small-pox has been enforced in many of the states by statutes making the vaccination of children a condition of their right to enter or remain in public schools. Blue V. Beach, 135 Ind., 121, 50 L. R. A., 64, 80 Am. St. Rep., 195, 56 N. E., 89; Norris v. Columbus, 102 Ga., 792, 45 L. R. A., 175, 66 Am. St. Rep., 243, 30 S. E. 850; State v. Hay, 126 N. C, 999, 49 L. R. A., 588, 35 S. E., 459 ; Abel v. Clark, 84 Cal., 226, 24 Pac. 383; Bissell v. Davisson, 65 Conn., 183, 29 L. R. A., 251, 32 Atl., 348; Hazen v. Strong, 2 Vt. ; Duffield V. Williamsport, 162 Pa. St., 476, 25 L. R. A., 152, 29 Atl., 742. The latest case upon the subject of which we are aware is Viemester v. White, decided very recently by the court of appeals of New York. The case involved the validity of a statute excluding from the public schools all children who had not been vaccinated. One contention was that the statutes in question and the regulation adopted in exercise of its pro- visions was inconsistent with the rights, privileges and liber- ties of the citizen, the contention was overruled, the court saying, among other things, small-pox is known to all to be a dangerous and contagious disease. If vaccination strongly tends to prevent the transmission or spread of this disease, it logically follows that children may be refused admission to § 93 GUIDE FOR OHIO SCHOOIj OFFICERS. 132 the public schools until they have been vaccinated. The appellant claims that vaccination does not tend to prevent small-pox, but tends to bring about other diseases, and that it is much harm, with no good. It must be conceded that some laymen, both learned and untrained, and some physicians of great skill and repute, do not believe that vaccination 1l a pre- ventive of small-pox. The common belief, however, is that it has a decided tendency to prevent the spread of this fearful disease, and to render it less dangerous to those who con- tract it. While not accepted by all, it is accepted by the mass of the people, as well as by most members of the medical profession. It has been general in our state, and in most civilized nations for generations. It is generally applied in practice both by the voluntary action of the people, and in obedience to the command of the law. Nearly every state in the union has statutes to encourage, or directely or indirectly to require vaccination, and this is true of most nations of Europe. A common belief, like common knowledge, does not require evidence to establish its existence, but may be acted upon without proof by the legislature and the courts. The fact that the belief is not universal is not controlling, for there is scarcely any belief that is accepted by every one. The possibility that the belief may be wrong, and that science may show it to be wrong, is not conclusive ; for the legislature has the right to pass laws which, according to the common belief of the people, are adopted to prevent the spread of con- tagious diseases. In a free country, where government is by the people, through their chosen representatives, practical legislation admits of no other standard of action, for what the people believe is for the common welfare must be accepted as tending to promote the common welfare whether it does in fact or not. Any other basis would conflict with the spirit of the Constitution and would sanction measures offered to a republican form of government. While we do not decide, and can not decide, that vaccination is a representative of small-pox, we take judicial notice of the fact that this is the common belief of the people of the state, and with this fact as a foundation, we hold that the statute in question is a health law, enacted in a reasonable and proper exercise of the police power. (79 N. Y., 235, 72 N. E., 97.) . . . further along the courts say: "We are not in- clined to hold that the statute establishes the absolute rule that an adult must be vaccinated if it be aparent or can be shown with reasonable certainty that he is not at the time a fit subject of vaccination, or by reason of his thin condition of health, would seriously impair his health, or probably cause 133 DISPLAY U. S. FLAG. ' § 94 Ms death. No such case is presented. It is the cause of an adult, who for aught that appears is in perfect health," etc. From the decision, then, it may be said that unless it can be shown that the person is not a fit subject of vaccination, that he is not physically or mentally able to stand it without seriously affecting his health. He must comply with the order of the health board and that the school board or health board are to use their discretion as to the time when the same can be done. In an opinion by the city solicitor of Cincinnati to the board of education he says that "neither the board of education, the board of health nor the legislature itself could adopt an arbi- trary, general continuing rule, operative without regard to varying conditions, excluding from the schools all pupils who have not been vaccinated. An epidemic must exist or be rea- sonably apprehended to authorize compulsory accumulation." (48 Bull., 292.) I am not prepared to say that the board must wait until there is an epidemic or an apprehended epidemic of smallpox before they can make a rule, requiring vaccination as a requisite to attend schools. The New York case, quoted from by the United States court in the case above cited, held that a rule of that kind could be sustained, and nothing is said about an impending epidemic. I very much doubt if the board must wait until the evil is upon us before it can use measures to prevent its coming. And I am inclined to believe that a gen- eral continuing rule will be upheld. A number of cases are cited in 48 Bull., 293. In England the Act of 1867 (30 and 31 Vict., Chap. 84) pro- vded for compulsory vaccination, and has been enforced in various cases. It was held in Reg. v. Justices of the Cinque Ports, L. R., 17, Q. B. Div., 191, that where a parent had been duly summoned, and the court found that notice to the parent to procure the vaccination of the child had been disregarded, the justice might order the child to be vaccinated, although no appearance was made by either parent or child in answer to the summons. See Andrew J. Duffielf, Appt., v. Williamsport School District, 2.5 L. R. A., 152. § 94. [Display of U. S. Flag.] (§ 3986-1.) All boards of education be authorized and required to display the U. S. national flag upon all school houses under their control, dur- ing all day school sessions in fair weather, and to be displayed on the inside of the school house on all other days, and said boards of education shall make all rules and necessary regula- tions for the care and keeping of such flags, the expense of the § 94« GUIDE FOR OHIO SCHOOL OFFICERS. 134 same to he paid out of the contingent funds of such boards. (92. V. 86.) [Terms of office of existing officers of boards of education, "1904.] See. 3. All existing officers of boards of education and school councils shall hold their respective offices until boards of education are elected and organized under the provisions of this act ; but no officer elected or appointed to fill a vacancy occurring in any such office shall be appointed to serve for a longer period than that ending on the 31st day of August, 1905. (97 V. 379.) § 94a. [To prevent hazing in educational institutions, and to punish persons guilty thereof.] Sec. 1. That section 1 of an act entitled "An act to provide against the offense of hazing in the colleges and other institutions in the state of Ohio, and for the punishment of crimes resulting therefrom," passed April 27, 1893, be amended, and supplemented by adding thereto section la, so as to read as follows: Sec. 1. Whoever being a student or a person in attendance at any public, private, parochial, or military school, college or other educational institution conspires to or does engage in the practice of hazing or of committing any act that injures, frightens, degrades or disgraces or tends to injure, frighten, degrade or disgrace any fellow student or person attending such institution shall be held guilty of a misdemeanor, and shall be fined not more than two hundred dollars or impris- oned in the county jail not more than six months or both, and in case of fine the sentence shall be that the defendant or defendants be incarcerated until said fine shall be paid. Sec. la. Whoever being a teacher, superintendent, comman- dant or other person or persons in charge of any public, private, parochial or military school, college or other educational insti- tution shall knowingly permit an act of hazing or of attempt- ing to haze, injure, frighten, degrade or disgrace any per- son attending the institution in which he is in charge shall be guilty of a misdemeanor and he shall be fined not more than one hundred dollars. Sec. 2. The said section 1 of an act entitled "An act to pro- vide against the offense of hazing in the colleges and other institutions in the state of Ohio, and the punishment of crimes resulting therefrom," be and the same is hereby repealed. (98 V. 124.) 135 SCHOOL HOUSES AND LIBRAKIES. CHAPTER 8. SCHOOL HOUSES AND LIBRARIES. Section. §95 (3987) § 96 (3987-1) § 97 (3988) (3989) §98 (3990) §99 (3991) §100 (3992) § 100a (2834a) §101 (3993) §102 (3994) (3995) (3996) (3997) (3998) §103 (3998-1) §104 (3998-2) §105 (3998-3) § 106 (3998-4) §107 (3998-5) School houses. Regulating use of school houses. Dii'ections for bidding and for letting contracts. Repealed. When boards may appropriate prop- erty. Bond issue, vote on. Bond issue, when election favor- able. Refunding bonds. Tax levy for bonds to be cer- tified to county auditor. Bond issue with- out vote; limita- tions. Repealed. Repealed. Repealed. Repealed. Boards of educa- t i o n authorized to . provide for e s t a b lishment, etc., of public li- brary; taxation. Board of library trustees; how constituted; qual- ifications; term; vacancies ; com- pensation ; pow- ers, etc. When library to be under control of such board Library fund; how provided and maintained; pay- ments from. Board of educa- tion may contract with library as- sociation for use of library. Section. § 108 (3998-6) § 109 (3998-7) § 110 (3998-8) § 111 (3998-9) 112 (3998-10) 113 (3908-11) 114 (3998-12) 115 (3999) §116 (3999a) §117 (3999&) § 118 (3999c) § 119 (3999C-1) § 120 (3999(Z) School library. Museum. Taking effect; ex- isting law. City board of ed- ucation may ac- quire private li- brary; shall be made a public li- brary; board of managers; vacan- cies in board. Powers and duties of managers. Organization o f board; librarian and assistants. Tax levy; expend- iture of funds. In certain cities board may ap- point managers of library; board of trustees in Cincinnati; how appointed; terms; vacancies. Residents of Ham- ilton county en- titled to use of city library. Powers of trus- tees in Cincin- n a t i ; employ- ment of librarian and assistants. Tax for library purposes in Cin- cinnati. Provisions relat- ing to tax and ex- penditures for li- b r a r y purposes in Cincinnati. Disposition of un- expended funds heretofore raised for library pur- poses in Cincin- nati. GUIDE FOR OHIO SCHOOL OFFICERS. 136 SECTION. § 121 (3999e) § 122 (3999/) § 123 (3999fir) * § 124 (399971) §125 (3999i) § 126 (3999;) § 127 (3999fc) § 128 (3999Z) §129 (4000) §130 (4001) § 131 (4002) §132 (4002-1) § 133 (4002-2) .§ 134 (4002-3) §135 §136 §137 §138 §139 §140 (4002-4) (4002-5) (4002-6) (4002-7) (4002-8) (4002-9) §141 (4002-10) Who ineligible as members of li- brary board. C a rn e g i e dona- tion; library trustees may ac- cept. Bonds for sites, equipment, etc., of libraries. Power of trustees to lease or pur- chase sites, etc., contracts for branch libraries; title to property. Exemption from taxes, execution, etc. Donations, be- quests, etc. Powers of trus- tees to control funds, contract for buildings, etc. Officers of trus- tees; depository of funds, etc. Cleveland public library board. Powers and duties of library board. Library tax and how expended. Cleveland library board to hold title and control property. Can purchase, lease or condemn. Proceedings to condemn. Donations. Exempt from tax and execution. Oath. Organization. Annual report. No member of board to be inter- ested in con- tract, except ; validity of con- tract. Use of library and reading room. § 143 (4002-12) §144 § 145 §146 §147 § 148 §149 (4002-13) (4002-14) (4002-15) (4002-16) (4002-17) (4002-18) § 150 (4002-19) §151 §152 (4002-20) (4002-21) (4002-22) SECTION. §142 (4002-11) Bonds to pay for land and build- ings. Resolution to is- sue; sale of. Sinking fund. Trustees of such sinking fund. Their organiza- tion. Their duty to cer- tify tax. Investments by. One-tenth of one mill may be ap- propriated i n certain cities for maintaining pub- lic library; pro- viso. Establishment of Toledo public li- brary ; tax for library fund. Repealed. Board of trustees. Transfer of libra- ries to such board by the board of educa- tion. Organization of trustees; regula- tions; powers; deposit of li- brary funds; warrants ; power to purchase or condemn grounds; issue and sale of pub- lic library build- ing bonds ; pay- ment of said bonds and inter- est ; title to g r o u n d-s pur- chased; libra- rians and as- sistants. Additional bonds authorized to be issued for certain purposes. Purchase of site for library. Appropriation of private property. § 153 (4002-23) §154 (4002-24) § 155 § 156 (4002-25) (4002-26) 137 SCHOOL HOUSES AND LIBRARIES. Section. § 157 (4002-27) § 158 (4002-28) §159 (4002-29) § 160 (4002-30) § 161 (4002-31) § 162 (4002-32) § 163 (4002-33) § 164 (4002-34) § 165 (4002-35) § 166 (4002-36) §167 (4002-37) § 168 (4002-38) §169 (4002-39) §170 (4002-40) § 171 (4002-41) Additional build- ing bonds. Said library to be free, subject to reasonable rules. Annual report to city council. Penalty for injur- ing library prop- erty. Power of trustees to accept devises, donations, etc. Dayton public li- brary board; lection of. Political composi- tion of; terms; vote required to elect. Powers and du- ties. Expenses of li- brary for ensu- ing year. Tax for library fund; custodian; d i s b ursements and balance. Provisions g o v- erning board. Museum may be established. Certain cities and v i 1 la g e s may have library; tax. Directors. Organization, by- laws, etc. ; con- trol of expendi- tures; custody of building; how money drawn from treasury ; librarian and as- sistants. Section. § 172 (4002-42) § 173 (4002-43) § 174 (4002-44) § 175 (4002-45) § 176 (4002-46) § 177 (4002-47) §178 (4002-48) § 179 (4002-49) § 180 (4003) § 181 (4004) § 182 (4005) § 183 (4006) § 184 §184a Who may use li- brary. Annual report. Donations. Tax to assist ex- isting library as- sociation. Library associa- tions in certain cities; levy. Disposition of tax. Association to render account; power to levy tax. Tax in lieu of other taxes; pur- chase of school apparatus; levy. Consolidation of libraries in Portsmouth au- thorized. Board of Ports- mouth to appoint library commit- tee. Powers and duties of such commit- tee. Powers and duties of library com- mittees in Ports- mouth. Sections 1 and 2 of an act to transfer library froni municipal- ity to school dis- trict. Sections 1, 2 and 3, trustees of township to levy tax, etc. For school house sites in certain villages and cities, see § 2233-1, R. S. For public library in certain cities, see § 2680-19, R. S. School house clocks, on — shall run by standard time, see § 4446-4, R. S. Penalties for injuries to school property, see notes under § 3972 (§ 80), R. S. (§ 80). Board of health authorized to inspect sanitary conditions and abate nuisances, see § 2128, R. S. Transfer of funds, see § 52. § 95 GUIDE FOR OHIO SCHOOL OFFICERS. 138 §95. [School houses.] (§3987.) The board of education of any district is empowered to build, enlarge, repair and furnish the necessary school houses, purchase or lease sites therefor, or rights of way thereto, or rent suitable schooh rooms, provide all the necessary apparatus and make all other necessary provisions for the schools under its control; also, the boards shall provide fuel for schools, build and keep in good repair all fences inclosing such school houses, plant when deemed desirable shade and ornamental trees on the school grounds, and make all other provisions necessary for the con- venience and prosperity of the schools within the sub-districts. (89 V. 95; 83 V. 84; 82 v. 86; Rev. Stat. 1880; 70 v. 195, § 55.) Misecellaneous. Lease to School District, To Provide Egress. Restriction as to Contract. Fence. Application of Statute. Directors Subordinate to Certificate of Funds. Board. Miscellaneous. — Inspection of school houses as to safety in case of accident or fire ; sections 2568-2572a, R. S. Courts of comomn pleas may authorize an exchange of school lots ; sections 2675-1—2675-4, R. S. County commissioners may act as board of education under certain circumstances; section 3969, (§ 70). Rules regulating the erection of public buildings ; sections 4238-1—4238-5, R. S. Penalty for destroying plants or trees ; section 6880, R. S. Penalty for using school house without certificate of inspec- tor; section 7010, R. S. There is no conflict in sections 3987 (§95) and 3985, R. S. (§ 92). Section 3995, R. S., is not repealed by implication or otherwise, but in full force. (10 C. C, 294.) The apparatus mentioned in section 3987 (§95) is the gen- eral furnishing necessary to properly equip a school so as to make it convenient and fit for general use for school purposes. If either real or personal property be sold or bought, the resolution providing therefor must be passed as provided in section 3982, R. S. (§ 89). and it would be advisable to have a resolution to lease, pass in the same manner. Section 3988, R. S. (§97), provides when purchases must be let to the lowest bidder. Under the act of March 14, 1853, a township board of edu- cation has the power to designate the particular place where school houses in sub-districts shall be built; and the powers which, in this respect, the statute confers on the local directors 139 FENCE AROUND SCHOOL HOUSE. § 95 of a sub-district are to be exercised in subordination to the paramount authority of the township board of education. Hughes V. Board of Ed. of , 13 0. S., 396. A school board is not liable as such for an injury to a pupil arising from negligence in the erection and maintenance of a public school building. Finch v. Board of Ed., 30 0. S., 37. See Weir v. Day et al., 35 O. S., 143, under Sec. 3971 (§79). A board of education will be enjoined in the exercise of its discretion where it attempts, without any valid reason or ne- cessity, to expend the public funds for the erection of a new school house in another place in the district when the old one is suitable and satisfactory and located near the canter of the district. (13 C. C, 258.) To Provide Convenient Egress. — The law requires under severe penalties to be visited on those who have control thereof, that "all school houses are to have ample means of convenient egress, and doors opening outAvard. " For requirements as to certificates regarding the safety of such buildings, and the penalties relating to neglect, see Eevised Statutes, sections 2568, 2572 and 7010. As to any building otherwise "in a condition dangerous to life or health," see Revised Statutes, 'sections 2128 and 2466. Fence.— The board of education must build and keep in x-epair all fences enclosing school houses. This would seem to imply that the rule as to joint or partition fences, would not prevail as to adjoining owners of land. But the board of education must build and maintain not half, but all, the fence, enclosing the school house. ^ Local Directors Subordinate to Board. — Where a town- ship board has to sell the old site of a sub-district school house and has purchased a new site, and, notifying the local directors of the sub-district of their action in the premises, instructed them to sell the former and to build a new school house on the latter, and the local directors, disregarding such instructions, proceed to build a new school house on the old site, and keep up a school therein ; held, that the local directors are guilty of such insubordination and neglect as to justify the township board in exercising the powers and duties which would other- wise devolve on the local directors, and in building a school house on the new site, and in employing a teacher therein ; and such teacher is entitled to be paid his wages out of the town- ship treasurv, on the order of the township board. (State v. Lynch, 8 O.'S., 34.) § 95 GUIDE FOR OHIO SCHOOI. OFFICERS, 140 Lease to School District. Know All Men by These Presents: That of the county of , and state of , for the consideration herein mentioned, does hereby lease unto the board of education of the township of , county and state aforesaid, its successors and assigns, the following premises, to wit: [Here insert description], with all the privileges and appurtenances thereunto be- longing; to have and to hold the same for and during the term of years from the day of , 19 . . . And the said board of education, for itself and assigns, does covenant and agree to pay the said for the said premises the annual rent of dollars. [Insert date and place of payment.] In witness whereof, the said parties hereunto set their hands this day of , 19.. ■• Lessor. President of the Board. Clerk. Signed, sealed and acknowledged in the presence of State of Ohio, County, ss.: Before me, a in and for said county, personally appeared , grantor in the above instrument, and acknowledged the same to be voluntary act and deed, for the uses and purposes therein mentioned. In testimony whereof, I have hereunto subscribed my name and affixed my seal, this day of , A. D. 19. . (Title.) If the lease be for more than three years, it must be acknowl- edged, attested by two witnesses and recorded. If for a less term, it need not be executed with these formalities. See sec- tion 4112 R. S. The consideration may be money or anything else, and the form varied accordingly. The above form is for a long lease. [Restrictions as to contracts, agreements, obligations, appro- priations and expenditures.] (§ 2834&.) The commissioners of any county, the trustees of any township and the board of education of any school district, except in cities of the first class, of first, second and third grades, shall enter into no contract, agreement or obligation involving the expenditure of money, nor shall any resolution or order for the appropriation or expenditure of money be passed by any board of county com- missioners, township trustees or board of education, except in cities of the first class, of first, second and third grades, unless the auditor or clerk thereof shall first certify that the money required for the payment of such obligation or appropriation is in the treasury to the credit of the fund from which it is to 141 RESTRICTIONS x\S TO CONTRACTS. § 95 be drawn, or has been levied and placed on the duplicate, and in process of collection and not appropriated for any other pur- pose; which certificate shall be filed and immediately. recorded, and the sums so certified shall not thereafter be considered unappropriated until the county, township or board of educa- tion, except in cities of the first class, of first, second or third grades, is fully discharged from the contract, agreement or obligation, or so long as the order or resolution is in force, and all contracts, agreements or obligations, and all orders or reso- lutions entered into or passed contrary to the provisions of this section, shall be void. Provided, that none of the pro- visions of this section shall apply to the contracts authorized to be made by other provisions of law for the employment of teachers, officers and other school employes of boards of edu- cation. (93 V. 218.) As to embezzlement" see §266 (§6841 R. S.). As to board of education, see § 82 (§ 3974 R. S.). Application of Statute. Certificate of Funds, etc. Application of Statute. — One of our circuit courts has recently held that the above section, by reason of the fact that certain districts are excepted from its operation, is not a statute of a uniform operation, while it is one of a general nature, and therefore is unconstitutional. (Bower v. Board of Education, 28 C. C, 624.) But even if the same were not unconstitutional, the same case seems to hold that where money has been borrowed by a board of education on its note, for the purpose of meeting accruing indebtedness to be thereafter repaid out of the next taxes received, that the fact that there was no certificate filed as provided in the above section would not justify the court by injunction to prevent the board from paying such obliga- tion. And especially is this true when the obligation for which the note was given was one arising for the payment of teachers, officers, etc., as such matters seem to be excepted from the above statute by the last clause of the same. In reference to this section, it is stated that a county com- missioner, who, Mnthout willfulness or a corrupt motive, but through ignorance, disregards the provisions of the statutes, he is not guiltv of misconduct, etc., if the act be a valid one. (State V. Bair,'71 O. S., 410.) Unless the certificate of the clerk of the board be filed, certifying that the money required, etc., is in the treasury, or has been levied, etc., the contract is void, and the board will be enjoined at the suit of a taxpayer (Stolts v. Selz, 12 Dec, 664), even though it be executed, etc. (State v. Board, 19 C. C, 627.) § 96 GUIDE FOR OHIO SCHOOL OFFICERS, 142 Whether if the township board has received the benefit of the contract it could not make payment of the consideration is a cjuestion of some doubt. It is mandatory that this certificate be filed, and it is made a condition precedent to be complied with before the board can make a valid contract. It will be observed that an exception is made to teachers, officers and other employees of a board of education. Certificate of Funds, etc. To the Board of Education of School District: I hereby certify that the money required for the payment of is in the treasury of tliis board, to the credit of (or state the fund from whicli it is drawn), has been levied and placed on the duplicate, and in process of collection and not appropriated for any other purpose. » , Clerk of the Board of Education of School District. This certificate must be recorded immediately. §96. [Regulating use of school houses.] (§3987-1.) That when, in the judgment of any board of education, it will be for the advantage of the children residing in any school dis- trict to hold literary societies, school exhibitions, singing schools, religious exercises, select or normal schools, the board of education shall authorize the opening of such school houses for the purposes aforesaid. And the board of education of any school district shall have discretionary power to authorize the opening of such school houses for any other lawful pur- poses; provided, however, that nothing herein contained shall be construed to authorize any board of education to rent or lease any school house when such rental or lease shall in any wise interfere with the public schools in such district, or for any purpose other than such as is authorized by this act. (91 V. 44; 89 V. 147; 87 v. 240; 86 v. 11.) Comments. — This section is a little contradictory. In the first clause it specifies for what causes the board may allow the house to be used. Then in -the second clause, it says they shall have discretionary power to allow it to be opened for any other lawful purpose, and then further along the limita- tion is placed on the board, that no such rental shall interfere with the schools or for any other purpose than authorized by this act. The probable meaning is that no such opening shall interfere with the public schools, literary societies, school ex- hibitions, singing schools, religious exercises, select or normal 143 ERECTION OF SCHOOL HOUSE. § 97 schools. That is, it can be opened for any lawful purpose if it does not interfere with any of the above specified uses. Neither could it be allowed to be 'used for any purpose that would not be open equally to all persons of the district. (Wier V. Day, 35 0. S., 143.) It should not be opened for a purpose, the moral effect of which there is a difference of opinion among the residents of the district. §97. [Erection of school house.] (§3988.) When a board of education determines to build, repair enlarge, or furnish a school house or school houses, or make any improvement or re- pair provided for in this chapter, the cost of which will exceed, in city districts, fifteen hundred dollars, and in other districts five hundred dollars, except in cases of urgent necessity, or for the security and protection of school property, it shall proceed as follows: 1. The board shall advertise for bids, for the period of four weeks, in some newspaper of general circulation in the district, and two such newspapers, if there are so many; and if no newspaper has a general circulation therein, then by posting such advertisements in three public places therein, which advertisements shall be entered in full by the clerk, on the record of the proceedings of the board. 2. The bids, duly sealed up, shall be filed with the clerk by twelve o'clock, noon, of the last day stated in the adver- tisement. 3. The bids shall be opened at the next meeting of the board, be publicly read by the clerk, and entered in full on the records of the board. 4. Each bid shall contain the name of every person inter- ested in the same, and shall be accompanied by a sufficient guarantee of some disinterested person, that if the bid be accepted, a contract will be entered into and the performance of it properly secured. 5. "When both labor and materials are embraced in the work bid for, each must be separately stated in the bid with the price thereof. 6. None but the lowest responsible bid shall be accepted: but the board may, in its discretion, reject all the bids, or accept any bid for both labor and material which is the lowest in the aggregate for such improvement or repair. § 97 GUIDE FOE OHIO SCHOOL OFFICERS. 144' 7. Any part of a bid which is lower than the same part of any other bid shall be accepted, whether the residue of the bid is higher or not; and if it is higher, such residue shall be rejected. 8. The contract shall be between the board of education and the bidders; and the board shall pay the contract price for the work, when it is completed, in cash, and may pay monthly estimates as the work progresses. 9. When two or more bids are equal, in the whole, or in any part thereof, and are lower than any others, either may be accepted, but in no case shall the work be divided between the makers thereof. 10. When there is reason to believe that there is any col- lusion or combination among the bidders, or any number of them, the bids of those concerned therein shall be rejected. (97 V. 334.) Comments. Must be Lowest Bid. Board to Receive Bids. Advertisement for Bids. Liability of Individual Mem- Form of Contract, bers. Form of Bond. Certificate of funds, see § 96. Comments. — It must appear that the clerk of the board, at the time the resolution was adopted, certified that there was money in the treasury to pay for it. (Nenbauer v. Union Tp., 6 N. P., 530.) See § 97. It is never desirable or proper and it is questionable whether a board of education has the right, to build on property to which it has not acquired a clear title by lease, deed or process of law. In the latter case, either the time for appeal to a higher court should have elapsed, or the appeal, if made, shall have been decided. (Ohio School Laws.) Boards to Receive Bids. — Boards of education, and not local directors, are to receive bids. In a suit upon a contract under this statute, where the cost of the building exceeds $500, city districts $1500, it must appear from the records of the board that the contract M^as let after and upon such bids, or that it was a case of urgent necessity for the security of school prop- erty. The record and proceedings of local directors, showing that they duly complied with the requirements of the law to adver- tise, are incompetent evidence, since local directors are not au- thorized to advertise, open bids and award the eontfact. If 145 BIDS FOR WORK, ETC. § 97 such incompetent evidence in favor of the prevailing party is allowed to go to the jury against the objection of the other party, error to his prejudice will be presumed, without show- ing that the jury was influenced by it. (Error from District Court, Guernsey County, to Supreme Court, October 26, 1882.) When the school house is to cost $10,000 or over, see section 794, Revised Statutes. "By the proviso to the 55th section of the school law (sec- tion 3988 [§97], R. S.), township boards of education are re- quired, when the cost of building a school-house or other im- provements exceeds five hundred dollars, to advertise, and let the same to the lowest responsible bidder, unless in case of urgent necessity, or for the security and protection of school property. This is a duty imposed on the board in its corporate capacity, and cannot be delegated to the local directors of the sub-district in which the school house, or other improvements is to be made." (Board of Education v. Mills, 38 0. S., 383.) The minute provisions, relating to the duties of the township board in letting such contracts, show that a personal term in- volving judgment and discretion is imposed on it as a corporate body, which cannot be delegated to the local directors. A bid under this section which separately states the labor and material, with the price of each, and with the provision attached that it is to be accepted as a whole, does not comply with this section. (4 N. P., 44. The State of Ohio, The Bryce Furnace Company v. Board of Education and The Smead Fur- nace & Foundry Company.) The discretion of a board as to what system of apparatus it will put in can not be controlled either by mandamus or injunc- tion. Such bids are not competitive. (State ex rel. Bryce Furnace Companv v. The Board of Education of Toledo, 14 C. C, 15.) In order that one who has bid on public work can maintain an action of mandamus, he must show that he is the one with whom the contract should be made, regardless of anybody's else rights. (State ex rel. Brvce Furnace Companv v. The Board of Education of Toledo, 14 C. C, 19.) A bid on heating and ventilating apparatus need not separ- ately state the cost of labor and materials entering into the same. {Id. 23.) When an advertisement for bids for public work is required, the board mav reject them. (State ex. rel. Black v. Board of Education, 13 C. C, 603.) "When an advertisement is not necessary, the board may make such stipulations as it desires. {Id.) Liability of Individual Members. — Individual members of a board, and local directors, as mere agents of the board, nmst § 97 GUIDE FOR OHIO SCHOOL OFFICERS. 146 see that their acts bind the board; for if they do not secure their principal a right of action or defense, they will them- selves be personally liable. (Ives v. Hulet, 12 Vt., 314; 58 Mo., 245.) This principal also applies to the acts of board of education who, in their corporate capacity, seek to bind the district for which they act, as also their successors. But those who deal with officers of a corporation must ascer- tain, at their peril, what they will be conclusively presumed to know, that these public agents are strictly within the sphere limited and prescribed by law, and outside of which they are powerless to act. (60 Mo., 53; Whiteside v. U. S., 93 U. S., 247; Story on Agency, § 307, 9th ed.) Still, it is well settled that where persons deal with an officer of a corporation, who assumes authority to act in the premises, and no want of authority or irregularity is brought to the knowledge of the party so dealing with the corporation, and there is nothing to excite suspicion of such defect, the corporation is bound, although the agent exceeded his powers. (57 Mo., 207; Whiteside v. 93 U. S., 247.) When Unauthorized Expenditures May be Ratified. — Un- authorized expenditures, not ultra vires, deemed beneficial, may be ratified, and in such case this ratification is equivalent to previous authority. (8 Fost. (N. H.), 65; 32 N. H., 118.) But the subsequent use, in the school, of materials unlawfully contracted for does not amount to such a ratification as will bind the district. (67 Mo., 319.) Ratification of the acts of a committee in building upon the land of a district a more expensive house than they were au- thorized to do by vote of the corporation, cannot be inferred from the mere fact that the school is kept in it for a few weeks, there being no evidence that the corporation had knowledge of the over-expenditure, or had taken any action on the subject. (Dillon on Mun. Corp., 480.) This will probably apply to the case of local directors acting as agents of the board of educa- tion in building a house. .It is evident from the above that in order to bind their principals the agents must decribe them- selves as agents of such principals, and their business must be of the kind to which the duties and powers of the principal pertain, and must not be acts prohibited as either criminal or against public policy. All contracts made by the board or its agents should be in writing and in duplicate, and one copy should be filed with the clerk of the board. The laws of some states require this. This is not, however, necessary to make a contract binding. Must be the Lowest Responsible Bid. — Clause 6, of Re- vised Statutes, which provides that a board of education en- gaged in the erection of a school building "may, in its discre- 147 LOWEST RESPONSIBLE BID. § 97 tion, reject all the bids," does not authorize the acceptance of any ''but the lowest responsible bid." The board may waive defects in the form of the bid, where such waiver works no prejudice to the rights of the public for whom the board acts. When a bid is uncertain as to whether it is for parts of a job as well as for the whole, and the bidder induces the board to construe it as for all or none, such bidder can not afterwards complain that the board awarded the whole job to a lower bidder, although under a different construction the board would have been bound to award to such bidder a portion of the work. (Ross v. Board of Education, 42 0. S., 375.) The discretion given by this clause is to reject all the bids. This is the only discretion given. If it is determined to ac- cept a bid, there is no discretion as to which bid must be ac- cepted. If the lowest responsible bid be rejected, and any other be accepted, the action of the board may be controlled by mandamus, without violating the rule that a matter of dis- cretion is not subject to control by proceedings in mandamus. (Ross V. Board of Education, 42 0. S., 378.) The bids should be accepted upon a called aye and nay vote as required by section 3982 R. S. (§89). Form of Advertisement for Bids. To Whom it May Concern: Notice is hereby given that until the day of , 190.., at o'clock, sealed proposals will be received at the office of the clerk of the board of education of township, for building a school house on the lot situate ; and according to the plans and specifications on file in the clerk's office. Each bid shall contain the name of every person interested in the same, and shall be accompanied by a sufficient guarantee of some dis- interested person, that if the bid is accepted a contract will be entered into, and the performance of it properly secured. When both labor and materials are embraced in the work bid for, each must be sepa- rately stated in the bid, with the price thereof. None but the lowest responsible bid will be accepted, and the board reserves the right to reject all the bids, or accept any bid for both labor and material which is the lowest in the aggregate. By order of the board of education. Clerk of If there is a newspaper of general circulation within the district, this notice must be printed therein for four consecu- tive weeks, and if there are two newspapers therein, it must be printed in both that length of time. If there are no such newspapers, it must be posted up in three public places in such district. Copies of such notice and all matters connected therewith must be entered upon the journal of the clerk's record of the proceedings of the board. § 98 GUIDE FOR OHIO SCHOOL OFFICERS. 148 Form of Contract, etc. Articles of Agreement By and Betioeen the Board of Education of , Party of the First Part, and , Party of the Second Part: Witnesseth, that the said party of the second part, for the con- sideration hereinafter named, does agree and contract with the said party of the first part to furnish the labor and all materials necessary to build and construct a school house on a lot situated , and according to the plans and specifications hereto attached and made a part hereof. All work to be done in a good workmanlike manner, and all ma- terials to be of good and sound quality and to the satisfaction of (architect, etc.), all of which work is to be done under his direction, and to be completed by and ready for use at that time. And for and in consideration of the building of said school house in accordance with this contract and for the work therefor and the materials therein the said party of the first part hereby agrees to pay to the said party of the second part, the following compensation, to wit: For (here insert each kind of labor, etc., as designated in the For bid accepted.) For Such compensation to be paid in installments upon esti- mates made by the architect (or other person in charge) of the amount of work completed, always reserving per cent, until the entire job is completed and accepted, when the balance is to be paid. No extra work shall be paid for unless the same shall be contracted for in writing, nor shall any alterations or changes be made therein unless made in writing. In witness whereof, we have hereunto set our hands this day of , 190.. President and Clerk of Board of Education. Contractor. Form of Bond. Enow All Men by These Presents: That , principal, and , sureties, are held and firmly bound unto the board of education of township, in the penal sum of dollars, the payment of which we bind ourselves, our heirs, executors and administrators. The condition of the above obligation is such that whereas the said did on the day of 190. ., enter into a written contract for the erection of a certain school house for the board of education of township with the said board. Now if the said shall well and truly perform all the con- ditions of said contract on his part to be performed, then this obliga- tion shall be void, otherwise to be in full force and virtue. Witness our hands this day of , 190 . . Attest : [Erection of school houses in joint sub-district.] (§ 3989.) Repealed. 149 APPROPRIATION OF PROPERTY. § 98 § 98. [When boards may appropriate property.] (§ 3990.) When it is necessary to procure or enlarge a school-house site, and the board of education and the owner of the proposed site or addition are unable, from any cause, to agree upon the sale and purchase thereof, the board shall make an ac- curate plat and description of the parcel of land which it desires for such purpose, and file the same with the probate judge of the proper county; and thereupon the same pro- ceedings of appropriation shall be had which are provided for the appropriation of private property by municipal cor- porations. (70 V. 195, § 65.) Comments. Form of Resolution. Eesolution to Appropriate. Section 2232 et seq., of the Revised Statutes, refer to this subject. Before building on such property, it is best to complete the proceedings before the court or courts, if an appeal is taken, and to wait until the time for appeal has elapsed, as such appeal may be taken and may reverse the proceedings below. The power to condemn private property to public uses against the will of the owner is a stringent one, based on pub- lic necessity or urgent public policy, the rule requiring the power to be strictly construed, and the prescribed mode for its exercise strictly followed, is a just one, and should, within all reasonable limits, be inflexiblv adhered to. (Dillon on Mun. Corp., 569.) The owner is entitled to a full payment of the damages as- sessed before his title is extinguished or his control of the premises ceases. In any case of voluntary dedication or of involuntary surrender of property to a public use, the prop- erty reverts to the owner when the use entirely ceases. Resolution to Appropriate. — The board having determined that a certain piece of ground is necessary, and having en- deavored to purchase the same and failed to get the same, a resolution should be passed. It may be in the following form. Form of Resolution. Whereas, it is necessary to procure a site (or enlarge one already acquired) for the purpose of expecting a school building thereon; and. Whereas, the following described real estate, to wit: is determined upon and found necessary by this board as a proper and suitable site upon which to erect said building; and. § 99 GUIDE FOR OHIO SCHOOL OFFICERS. 150 Whereas, this board has been and is unable to agree with the owner of the same upon the price and sale and purcnase of the same; therefore, Be it resolved by the board of education of school district, county, Ohio, that the necessary proceedings be had to appro- priate the same as provided by law; that an accurate plat and descrip- tion of said premises be made, and the same, with a copy of this reso- lution, be filed with the probate judge of county, Ohio, and that the president and clerk of this board are authorized and directed to take charge of said proceedings on behalf of this board and procure such legal services as may be needed to conduct the same to a suc- cessful termination. I presume there should be a certificate on file from the clerk that there are sufficient funds to meet the appropriation as required by section 28346 (§ 95a). The board may call on the prosecuting attorney to attend to the matter, or may employ other counsel (section 3977 (§85) as to the method to be pursued in probate court. See Rockel's Probate Law and Practice section 1751 ct seq. §99. [Bond issue, vote on.] (§3991.) When the board of education of any school district determines that it is nec- essary for the proper accommodation of the schools of such district to purchase a site or sites to erect a school house or houses, to complete a partially built school house, to enlarge, repair or furnish a school house, or to do any or all of said things, and that the funds at the disposal of said board or that can be raised under the provisions of section 3994 (§ 102) of the Revised Statutes of Ohio, are not sufficient to accom- plish said purpose and that a bond issue is necessary, the board shall make an estimate of the probable amount of money required for such purpose or purposes and at a general elec- tion or a special election called for that purpose, shall submit to the electors of the district the question of the issuing of bonds for the amount so estimated; notices of the election required herein shall be given in the manner as provided in section thirty-nine hundred and seventy dash eleven (§ 77). (97 V. 334.) Board Must Officially De- Notice— What must contain. termine. Form of Notice for Election. Resolutions in Bond Issue. Form of Ballot. Board Must Officially Determine Upon Matter. — It can not be too often repeated that a board of education speaks only through its records. Its acts, findings and determina- 151 ISSUE OF BONDS. . § 99 tions are only known by its records. Hence, although the words of the statute may not clearly settle the question, yet it is safest to assume that this determination is to be an official determination. Purchasers of bonds are likely to scrutinize such matters closely, and they will question whether the board acquired jurisdiction to take steps for raising a tax unless it first officially "ascertains" and "determines" all the pre- liminary facts mentioned in the statute, and makes a record of such finding. Resolutions on Bond Issue. Resolved by the board of education of school district, county, Ohio, that it is necessary for the proper accommodation of the schools of said district that [state nature of improvement] ; that it will require $ to make said improvement; that the funds at the disposal of said board or that can be raised under the provisions of section 3994 of the Revised Statutes of Ohio, are not sufficient to accomplish said purpose, and that a bond issue is necessary, it is there- fore further Resolved, that an election be held in said school district on the question of the issuing of bonds in the sum of $ for the purpose herein specified, on the day of , 190. ., and that the clerk of the board be directed to forward a copy of these resolutions to the deputy state supervisors of elections, and request said supervisors to provide election supplies and conduct said election, and that the clerk be also directed to publish the notices of said election as provided by law. Notice Must Contain Matter to be Acted on.— When the statute requires that notice shall be given of the matter to be acted on, a failure to insert such matter will render void any act done with respect to the matter not so embraced as re- quired. (18 Me., 184; 12 Cush., 294.) It is presumed that the people of a district know the days appointed by law for the ordinary affairs of the district, yet if it is intended to proceed to any other act of importance a notice is necessary, the same as at any other time. (Dillon on Mun. Corp., 319.) Notice of Election for Bond Issue. Notice is hereby given by the board of education of school district, county, Ohio, that there will be an election held in said district at the usual voting place [places], between the hours of 5:30 A. M. and 5:30 p. m, on the day of , 190. ., to consider the question of a bond issue in the sum of $ , for the purpose of [here state purpose] as provided in section 3991 of the Revised Statutes of Ohio. By order of the board of education. , Clerk. , Ohio. 190.. § 100 GUIDE FOR OHIO SCHOOI. OFFICERS. 152 Form of Ballot. For Bond Issue in the Sum of $ . . . . . , Yes. For Bond Issue in the Sum of $ . . . . .., No. As to how notice shall be given, see § 77. All elections on school questions should be held under the supervision of the regular election officers, and the ballots be made to conform to the provisions of the general election laws. § 100. [Bond issue, when election favorable.] (§ 3992.) If a majority of the electors, voting on the proposition to issue bonds, shall vote in favor of said issue, the board shall be thereby authorized to issue bonds for the amount indicated by the vote provided for in section thirty-nine hundred and ninety-one (§99), the issue and sale of said bonds to be provided for by a resolution fixing the amount of each bond, the length of time they shall run, the rate of interest they shall bear, and the time of sale which may be by competitive bidding at the discretion of the board; the bonds shall bear a rate of interest not to exceed six per cent, per annum paj^able semi- annually, shall be made payable within at least forty years from the date thereof, be numbered consecutively, made pay- able to the bearer, bear date of the day of sale and be signed by the president and clerk of the board of education; the clerk of the board shall keep a record of the number, date, amount, and the rate of interest of each bond sold, the amount received for the same, the name of the person to whom sold, and the time when payable, which record shall be open to the inspection of the public at all reasonable times ; and the bonds so issued shall in no case be sold for a less sum than their par value, nor bear interest until the purchase money for the same shall have been paid by the purchaser. (97 v. 357.) Certificate as to Vote. Notice of sale. Eesolution to Issue and Sell Form of Notice. • Bonds. Form of Bond. Form of Eesolution. Form of Coupon. Sale of Bond. Payment of Bond, etc. 153 SALE OF BONDS, § 100 Certificate as to Vote. — The board of election should file with the school board a certificate of the result of election upon the bond proposition, which might be in the following form: We, the undersigned, president and secretary of the board of elec- tions of county, hereby certify tliat at the general election held on the day of there were number of votes cast in favor of the proposition to issue bonds for the purpose of , and there were number of votes cast against the issue of said bonds for said purpose, and we hereby certify that a majority of the electors voting on said proposition have voted in favor of said bond issue. This certificate should be copied into the records of the board of education. Resolution to Issue and Sell Bonds. — As soon as the cer- tificate has been filed that the proposition has carried,- then the board should pass a resolution fixing the amount of each bond, the length of time they were to run, the rate of interest they should bear and the time of sale. This sale may be by com- petitive bidding at the discretion of the board. The bonds shall bear a rate of interest not exceeding six per cent, and shall be made payable at least within forty years from the date. This resolution may be in the following form: Form of Resolution. Whereas, the proposition to issue bonds for purposes was submitted to the voters of school district, and at the election held on the day of , and, Whereas, the board of elections of county has certified ^o this board of education that a majointy of the electors voting on said proposition have voted in favor thereof. Therefore be it resolved, by the board of education of school district, that there be issued bonds not to exceed the sum of $ That said bonds should be in the amount of $ each, and shall run for years from the date thereof, and shall bear interest at the rate of Said interest to be payable , the same to be fixed by coupons attached to each bond. Be it further resolved, that said bonds shall be sold on the day of , at , to the highest bidder. No bid to be received for less than the face value of said bonds. Resolved, further, that the clerk of this board shall give notice of the time and place where said bids may be received in and in , two newspapers of opposite politics, having a general circula- tion in the county in which the school district is located. Sale of Bond. — Section 225 of the Revised Statutes directs the method of such sale, and it is as follows : § 100 GUIDE FOR OHIO SCHOOL OFFICERS. 154 § 22&. All bonds issued by boards of county commission- ers, boards of education, commissioners of free turnpikes, shall be sold to the highest bidder after being advertised three times, weekly, in a newspaper having a general circulation in the county where the bonds are issued ; and if the amount of bonds to be sold exceeds twenty thousand dollars, then in an additional newspaper having a general circulation in the state, three times, weekly. The advertisement shall state the total amount of bonds to be sold, the amount of each bond, how long they are to run, the rate of interest to be paid thereon, whether annually or semi-annually, the law or section of law authorizing their issue, the day, hour and place in the county where they are to be sold. None of said bonds shall be sold for less than the face thereof, with any interest that may have accrued thereon ; and the privilege shall be reserved of rejecting all or any bids, and if said bids are rejected said bond shall again be advertised; all moneys aris- ing from premiums on the sale of said bonds as well as the principal, shall be credited to the fund on account of which the bonds are issued and sold. (80 v. 68.) Notice of Sale. — The above section quoted from the Revised Statutes is very specific in the method to be followed in the sale of such bonds. It will be observed that they are to be sold to the highest bidder, but the privilege is reserved of rejecting all or any bids that the board sees fit. Likewise there is no statement as to politics of the newspapers in which the notice is to be given, -and if the bids do not exceed $20,000, then notice need not be given in more than one paper. This notice must be inserted for three weeks, once each week. Form of Notice. * Notice is hereby given that on the day of , at o'clock .. M., at the office of , situate in the city of , county of Oliio, tlie board of education of school district will sell to the highest bidder bonds of the value of the sum of $ Said bonds are issued in the sum of $ each, and run for the period of years and draw interest at the rate of per cent., payable annually (or semi-annually). That none of said bonds shall be sold for less than the face value thereof, with any interest that may have accrued thereon, and the board reserves the privilege of rejecting any or all bids. That said bonds are issued by virtue of the provisions of section of the Revised Statutes of Ohio. Clerk of Board of Education. 155 FORM OF BOND. § 100 Form of Bond. UNITED STATES OF AMERICA. No. State of Ohio. Board of Education of the City of Springfield: Know all men by these presents, that the board of education of school district, state of Ohio, acknowledges itself to owe, and for value hereby promises to pay to the bearer the sum of $ in lawful money of the United States of America, on the day of , with interest thereon at the rate of per cent, per annum, payable semi-annually upon presentation of the respective interest coupons therefor, hereto attached. Both the principal and interest hereof are payable at the office of the treasurer of sucn school district at This bond is issued under authority of sections 3991 and 3992 of the Revised Statutes of Ohio, and in accordance with the resolution of the board of education of said school district, passed on the day of It is hereby certified and recited that all acts, conditions and things acquired by law precedent to and in the issuance of this bond have happened and been performed in regular and due form; and in full faith, credit and revenue of all the pi'operty, real and personal, situate in said school district of , the state of Ohio, have irrevocably pledged for the prompt payment of this bond and interest as the same mature; and that this issue, together with all other indebtedness of the said board of education of said school district does not exceed any statutory limitation of indebtedness. In witness whereof, the board of education of the school dis- trict has caused this bond to be signed by its president and counter- signed by its secretary this day of President of Board. Countersigned: Clerk of Board. Form of Coupon. On the first day of the board of education of school district, Ohio, promises to pay to bearer dollars, at the office of the treasurer of said school district, situate in , Ohio, being interest due that day on its per cent, of bond issue for build- ing school houses, dated No. President. Coupon No. Clerk. Payment of Bonds, etc. — Mandamus is the proper remedy to compel the board to appropriate moneys already m their treasury for that purpose, toward the payment of such bonds, and to leyy such tax as may be necessary to complete such payment. (State ex rel Robertson v. Board of Education of Perrysburg, 27 0. S., 96.) § 100a GUIDE FOR OHIO SCHOOL OFFICERS. 156 A board of education agreed to borrow a sum of money at an aggregate rate of interest of fifteen per cent., in manner following: For the amount so to be borrowed, bonds were to be issued bearing the authorized rate of interest, and for the excess of interest, orders on the treasury were to be issued, payable at the same time as the legal interest. The bonds were regularly issued, bearing eight per cent, interest, and sold at par, and the money was received and used as author- ized. For the excess of interest, orders on the treasury were at the same time issued and delivered to the purchaser, as agreed to by the parties, but were never presented for pay- ment, and after their maturity, he offered to return them for cancellation; Held, that this agreement to pay excess of in- terest is void, and, having never been executed in whole or in part, will not avoid a recovery on the bonds. (Ohio ex rel. Laskev et al. v. Board of Education of Perrysburg, 35 0. S., 5190 Certain Ijonds were issued by a board of education; they were afterwards redeemed before maturity, and placed in the hands of the treasurer for destruction. The treasurer failed to destroy them, but fraudulently used them as collat- eral security for an individual loan by an innocent third person; Held, that the board was not liable for the payment of the same. (Board of Education v. Sinton, 41 0. S., 504.) §100a. [Refunding of bonds.] (§ 2834a.) The trustees of any township, the board of education of any school district and thQ commissioners of any county for the purpose of ex- tending the time of payment of any indebtedness, which from its limits of taxation such township, school district or county is unable to pay at maturity, shall have power to borrow mon- ey or to issue bonds of such township, school district or county, so as to change but not to increase the indebtedness in such amounts and for such length of time and at such rate of interest, as the trustees, board of education or commission- ers may deem proper, not to exceed the rate of six per centum per annum, payable anually or semi-annually. Or when it shall appear to the trustees, board of education or commissioners of any township, school district or county to be for the best interests of such township, school district or county to renew, refund or extend the time of payment of any bonded indebtedness which shall not have matured and there- by reduce the rate of interest thereon, such trustees, board of education or commissioners shall have authority to issue 157 REFUNDING BONDS. ■ § 100a for that purpose new bonds, and to exchange the same with the holder or holders of such outstanding bonds if such holder or holders shall consent to make such exchange and to such reduction of interest. Provided, however, that no indebtedness of any township, school district or county shall be funded, refunded or extended unless such indebtedness shall first be determined to be an existing, valid and binding obligation of any such township, school district or county by a formal resolution of the trustees, board of education or commissioners of any such township, school district or county, which resolution shall so state the amount of the existing indebtedness to be funded, refunded or extended, the aggregate amount of bonds to be issued there- for, their number and denomination, the date of their ma- turity, the rate of interest they shall bear and the place of payment of principal and interest. And for the payment of the bonds issued under this section the township trustees, board of education or county commissioners shall levy a tax, in addition to the amount otherwise authorized, every year during the period the bonds have to run sufficient in amount to pay the accruing interest and the bonds as they mature. (97 y. 514.) See § 52 (§ 226-2), as to transfer of funds. ' Proceedings for, etc. Form of Resolution. Resolution of Board, etc. Resolution for Exchange. Proceedings for, etc. — It will be observed by the above sec- tion that when a school board is unable to pay at maturity outstanding bonds, they shall have power to issue new bonds and extend the time of payment, and the board may refund its indebtedness, although the time of payment is not due, but it seems before they are authorized to refund an indebt- edness that is not due they must do so with the result that the interest charge is reduced. In either case the indebtedness must not be increased. No limitation of time is made as to how long the extended bond shall run, but it is safe to pre- sume that it ought to run a longer time than an original issue could run, which is forty years. And if the debt is refunded before it is due, it seems that the new bond may be exchanged with holders of the old bonds without respect to whether or not such holders of the old bond are willing to pay the high- est price therefor. Such matter is left in the discretion of the board, but if a new bond is to be issued, then I have no § 100a GUIDE FOR OHIO SCHOOL OFFICERS. 158 doubt it should be sold in the same manner as other bonds are sold. Eesolution of Board, etc. — The statute is very positive upon another question, and that is, that before any such debt shall be refunded, the board of education must state in a resolu- tion the amount of the existing indebtedness to be refunded, the aggregate amount of bonds to be issued, etc., their number and denomination, the date of maturity, the rate of interest they should bear, place of payment, principal and interest. In all respects, the statute must be strictly follovt^ed. I am not sure that an aye and nay vote should be called upon such a question, but it had better be done and the record should show all these facts. It might be in the following form : Form of Resolution. Whereas, there are outstanding bonds against this board of educa- tion issued on the day of , for the sum of $ , which are a valid and binding obligation against this board of education; that said bonds will mature on the day of ; thei'efore, Be it resolved, that as this board of education is unable to pay said bonds, at their maturity, it is therefore further resolved that there be issued bonds in the sum of $ , not to exceed the value of those becoming due as aforesaid; that there shall be issued number of such bonds of the face value each and that the same shall run for the period of years, and shall bear interest at the rate of per cent, and shall be payable, both principal and interest, at , and, It is further ordered that said bonds be offered for sale to the highest bidder at , on the day of at o'clock, and that the clerk give notice thereof as provided by law. Resolution for Exchange. Whereas, there are outstanding bonds against this board of edu- cation issued on the day of , for the sum of $ , which are a valid and binding obligation against this board of edu- cation that such bonds will mature on the day of Whereas, it is deemed expedient for the bgnefit of this, board of education that said bonds be refunded; therefore, Be it resolved, that thei'e be issued bonds in the sum of $ , not to exceed the value of those becoming due as aforesaid, and that there shall be issued number of said bonds of the face value each ; that the same shall run for the period of years and shall bear interest at the rate of per cent., payable , and both principal and interest shall be payable at the , and It is further ordered that said bonds so issued be exchanged with the holders of the present said outstanding bonds, the holders of said bonds assenting thereto and agreeing to accept said new bonds in exchange for the old bonds, the exchange being made in bonds of ftoual face value, this board paying the accrued interest on the old bond and the holder of said old bond in exchange accounting for the accrued interest on the new bond from the date of its issue. 159 BOND ISSUE WITHOUT LIMITATION. §§ 101, 102 § 101. [Tax levy for bonds to be certified to county audi- tor.] (§3993.) "When an issue of bonds has been provided for under sections thirty-nine hundred and ninety-one (§99) and thirty-nine hundred and ninety -two (§ 100) the board of education shall certify annually, to the county auditor or auditors as the case may require, a tax levy sufficient to pay said bonded indebtedness as the same shall fall due together with accrued interest thereon ; the county auditor or auditors shall place said levy on the tax duplicate and it shall be collected and paid to the board of education in the same man- ner as other taxes are collected and paid. The tax levy pro- vided for herein shall be in addition to the tax levy provided shall be kept in a separate fund by the board of education and applied only to the payment of the bonds and interest for which it was levied. (97 v. 358.) §102. [Bond issue without vote; limitations,] (§ 3994.) The board of education of any school district may issue bonds to obtain or improve public school property, and in antici- pation of income from taxes, for such purposes, levied or to be levied, may, from time to time, as occasion requires, issue and sell bonds, under the restrictions and bearing a rate of interest specified in section thirty-nine hundred and nine- ty-two (§ 100) and shall pay such bonds and the interest thereon when due, but shall provide that no greater amount of such bonds shall be issued in any year than would equal the ag- gregate of a tax at the rate of two mills, for the year next preceding such issue, but the order to issue bonds shall be made only at a regular meeting of the board and by a vote of two-thirds of the full membership of the board, taken by yeas and nays and entered upon the journal of the board; but in no case shall a board of education- issue bonds under the provisions of this section in a greater amount than can be provided for and paid with the tax levy provided for under section thirty-nine hundred and fifty-nine (§ 100) of the Revised Statutes of Ohio, and paid within forty years after the bond issue on the basis of the tax valuation at the time of the bond issue. (97 v. 334.) Sec. 3995. Repealed April 25, 1904. Sec. 3996. Repealed April 25, 1904. Sec. 3997. Repealed April 25, 1904. Sec. 3998. Repealed April 25, 1904. § 103 GUIDE FOR OHIO SCHOOL OFFICERS. 160 § 103. [Board of education authorized to provide for es- tablishment, etc., of public library.] (§ 3998-1.) The board of education of any city, village, township, or special school district, may, by resolution provide for the establishment, control and maintenance, in such school district, of a public library, free to all the inhabitants of such district; and, for that purpose, may acquire, by purchase, the necessary real property, and erect thereon a library building ; it may acquire from any other library association, by purchase or otherwise, its library property; it may receive donations and bequests of money or property for such library purposes, and it may maintain and support libraries now in existence and controlled by the board of education, [Taxation.] and such board of education may annuall}^ make a levy upon the taxable property of such school dis- trict, in addition to all other taxes allowed by law, of not to exceed one mill for a library fund, to be expended by such board of education, for the establishment, support and main- tenance of such public library; [Extension of provisions of this act to libraries jointly owned by two or more school districts.] Provided, that when- ever any^. donation or bequest of money or property has been or shall hereafter be made to any two or more school districts jointly, or jointly and severally for the purpose of establishing and maintaining such public library, and the money so donat- ed has been or may hereafter be expended in the purchase of a site and the erection of a library building thereon, the provisions of this act shall apply ; [Taxation,] and provided in such case the board of edu- cation of each of said districts may annually make a levy of not exceeding one mill, in addition to all other taxes al- lowed by law, upon the taxable property of such school dis- tricts for the establishment, support and maintenance of such public library, and the library building may be located at a convenient place in either of such school districts. [Board of trustees, appointment, term, etc.] The control of such building and library and the expenditure of all moneys for the purchase of books and other purposes and the admin- istration of such library will be vested in a board of six trustees, three to be appointed by each of said boards of education for the term of five years, and who shall serve 161 BOARD OF LIBRARY TRUSTEES. §§104,105 without compensation, and such trustees shall serve until their successors are appointed. In case of vacancy in such board, from refusal to serve, resignation or otherwise, said vacancy shall be filled by the said boards of education of said district, in case such vacancy occurs, for the unexpired term. (98 v. 244.) §104, [Board of library trustees; how constituted; quali- fications; terms; vacancies; compensation; powers,] (§ 3998-2.) The board of education may provide for the man- agement and control of such library by a board of trustees to be elected by said board of education as herein provided. Such board of library trustees shall consist of seven members, who shall be residents of the school district, and no one shall be eligible to membership on said library board who is or has been for a year previous to his election, a member or officer of the board of education. The term of office shall be seven years, except that at the first election the terms shall be such that one member shall retire each year. Should a vacancy occur in said board, it shall be filled by the board of education for the unxpired term. The members of said library board shall serve without compensation and until their successors are elected and qualified. Such library board in its own name shall hold the title to and have the custody, management and control of all libraries, branches, stations, reading rooms, and of all library property, real and personal, of such school district, and the expenditure of all moneys collected or re- ceived from any source for library purposes for such district. It shall have power to employ a librarian and assistants, but previous to such employment the compensation of such li- brarian and assistants shall be fixed. Such library board shall have the power, by a two-thirds vote of its members, to pur- chase or lease grounds and buildings, and erect buildings for library purposes. It may accept any gift, devise or be- quest for the benefit of such library. No member of the library board shall be interested, directly or indirectly, in any contract made by the board. The library board shall report annually in writing to the board of education. (96 v. 8.) § 105. [When library to be under control of such board.] (§ 3998-3.) Whenever in any city, village or special school district a library established or controlled by a board of edu- cation shall contain twenty-five thousand or more volumes, it §§ 106-108 ~ GUIDE FOR OHIO SCHOOL OFFICERS. 162 shall be managed, governed and controlled by a board of trustors elected by the board of education as provided in sec- tion 2 of this act. (96 v. 9.) § 106. [Library fund ; how provided and maintained ; pay- ments from.] (§ 3998-4.) Said board of library trustees shall annually, during the month of May, certify to the board of education the amount of money that will be needed for in- creasing, maintaining and operating said library during the ensuing year in addition to the funds available therefor from other sources ; and such board of education shall annually levy on each dollar of taxable property v^dthin said school district, in addition to other levies authorized by law, such assessment not exceeding one mill, as shall be necessary to realize the sum so certified, the same to be placed on the tax duplicate and collected as other taxes. The proceeds of the said tax shall constitute a fund to be known and designated as the library fund: Payments therefrom shall only be made upon the warrant of the board of trustees of the library, signed by the president and secretary thereof. (96 v. 9.) § 107. [Board of education may contract with library asso- ciation for use of library.] (§ 3998-5.) The board of educa- tion in any city, village or special school district shall have power to contract annually with any library corporation or other organization owning and maintaining a library, for the use of such library, by the residents of such districts, and it shall have power to levy annually a tax not exceeding one mill on the taxable propery of such district to pay for the same; and such board of education shall require an annual report in writing from such library corporation or other organization. (96 V. 9.) §108. [School library.] (§3998-6.) The board of educa- tion of any school district of the state, in which there is not a public library operated under public authority and free to all the residents of such district, may appropriate annually not to exceed two hundred and fifty dollars annually from its contingent fund for the purchase of books, other than school books, for the use and improvement of the buildings for library purposes. It may accept any gift, devise or bequest for the benefit of such librarj^ No member of the library board shall be interested, directly or indirectly, in any contract made by the board. The library board shall report annually in writing to the board of education. (96 v. 8.) 163 SCPIOOL LIBRARY — MUSEUM. §§ 109-111 §109. [Museum.] (§3998-7.) Sec. 7. The board of edu- cation of any school district, or any board of trustees managing and controlling a library in any school district, may found and maintain a museum in connection with and as an adjunct to such library, and for such purposes may receive bequests and donations of money or other property. (96 v. 9.) §110. [Taking effect; existing laws.] (§3998-8.) See. 8. This act shall take effect and be in force on and after November 15, 1902, and all acts or parts of acts not inconsistent herewith under which existing libraries are maintained, governed and controlled, shall be and remain in full force and effect. (96 V. 10.) § 111. [City board of education may acquire private library; shall be made a public library; board of managers; vacancies in board.] (§ 3998-9.) Sec. 1. That whenever in any city or- ganized under chapter 4, division 2, of title 12, of the Revised Statutes of Ohio, there is a library owned by a private incorpo- rated or unincorporated association which the owners, or man- agers thereof, are willing to dispose of and to transfer to the board of education of such city or school district within which said city is situate, the said board of education is hereby author- ized to acquire from said association by purchase, or otherwise, said library and the propertj^ used by said association for library purposes. Upon acquiring title to said library and property, the said board of education shall declare the same to be a public library and shall elect a board of managers therefor, consisting of six persons, two of whom, at the first election shall be elected for a period of three years, two for a period of two years, and two for a period of one year, and thereafter, upon the expiration of said terms, and all succeed- ing terms, said managers shall be elected for three years. And said board of education shall fill vacancies in said board of managers for unexpired terms in like manner, and said board of managers shall at all times be amenable to and under the control of said board of education as to tenure of office and authority and shall serve without compensation. The presi- dent of said board of education shall be ex officio a member of said board of managers, but otherwise, no member of said §§ 112-114 GUIDE FOR OHIO SCHOOL OFFICERS. 164 board of education shall be a member of said library board. (95 V. 74.) §112. [Powers and duties of managers.] (§3998-10.) Sec. 2. Said board of managers shall have the care, custody, con- trol and management of said library and propertj^, under such rules and regulations as they shall prescribe and shall have the power to receive donations of land, money and other things of value, and to hold, dispose of, or use the same for the benefit of such library. The use of said library shall be free to all residents of said city and territory thereto attached for school purposes. Said board shall have the power to lease or rent suitable place for the use of said library and establish a reading room or rooms in connection therewith. (95 v. 74.) §113. [Organization of board; librarian and assistants.] (§ 3988-11.) Sec. 3. Said board of managers shall elect from their number a president, vice-president, and secretary, and shall appoint a librarian and such assistants and employes as may be necessary for the proper conduct of said library. The term of office of said appointees shall be at the pleasure of the board, but shall not exceed three years. (95 v. 74.) §114. [Tax levy; expenditure of funds.] (§3998-12.) Sec. 4, For the purpose of paying for such library purchased and of maintaining and increasing said library and reading rooms, the said board of education may levy upon the general tax du- plicate of the school district within which such city is situate, a tax not to exceed six-tenths of one mill on each dollar of valuation of the taxable property of said school district which shall be levied, assessed and collected as other taxes levied by said board and shall be in addition thereto. The proceeds of said tax when collected, shall constitute and be called the library fund, and shall be paid to the treasurer of the school district, who shall disburse same only upon warrant of said board of managers, signed by the president and secretary thereof. Said board of managers shall expend said fund in the purchase of books, pamphlets, papers, magazines, period- icals, journals, furniture, and such other property as may be necessary for such library and reading rooms and in the pay- ment of all proper charges for maintenance including the com- 165 WHEN SCHOOL BOARD CONTROLS LIBRARY. § 115 pensation of the librarian and other employes of said board. No part of said fund shall be transferred or used for any other purpose than as provided in this section. All money here- tofore appropriated, received, or collected by tax levied for public library purposes in said city, or school district, and remaining unexpended shall be transferred to said library fund, and be expended by said board of managers in accord- ance with the provisions of this act. (95 v. 74.) § 115. [In certain cities board may appoint managers of library.] (§ 3999.) In cities not having less than twenty thousand inhabitants, the board of education having custody of any public library therein, may, at any regular meeting, adopt a resolution providing for a board of managers of such library, and shall thereupon elect by ballot, two persons to serve as members of such board for a term of three years, two persons to serve for a term of two years, and two persons to serve for a term of one year; and annually thereafter two persons shall be elected to serve for a term of three years ; all vacancies in such board shall be filled by the board of edu- cation by ballot, and a person so elected shall serve during the unexpired term of his predecessor; the president of the board of education shall be a member of the board of managers, ex officio; and the board of managers shall at all times be amenable to and under the control of the board of education, as to tenure of office and authority, and shall serve without compensation. [Board of trustees in Cincinnati; how appointed; terms.] Provided, that in cities of the first grade of the first class upon the expiration of the terms of office of the trustees of the public library therein, heretofore appointed under this section, as amended April 30, 1891, there shall be appointed as successors to said board, a board of trustees of said library, consisting of seven persons, as follows: Two by the board of education of the school district within which such city is situated, two by the board having charge of the high schools of such city, two by the directors of the university in such city, one of each of said appointees shall hold his office for two years, and one for three years ; and one by the judges of the court of common pleas of the county within which such city is situated, who §§ 116-117 GUIDE FOR OHIO SCHOOL OFFICERS. 166 shall hold his office for a period of three years ; and thereafter said boards and said judges shall, upon the expiration of the terms of office of said appointees, and each three years there- after, appoint successors to said trustees. The appointee afore- said of the judges of the court of common pleas shall succeed in said board of trustees the president of the board of educa- tion, who theretofore was, by virtue of his said office, a mem- ber of said board of trustees, and thereafter the right of such president of said board of education aforesaid of membership in said board of trustees of said library shall cease. [Vacancies.] All vacancies in said board of trustees of said library shall be filled by the respective bodies having the power of appointment. Provided, however, that nothing herein shall be construed in any wise to abridge the term of office or curtail the powers or duties of the trustees of the public library in cities of the first grade of the first class, appointed under this section as amended April 30, 1891, during the terms of office for which they were appointed. (93 v. 192; 88 v. 446; 64 V. 100, §1; S. & S., 722.) § 116. [Residents of Hamilton county entitled to use of city library.] (§ 3999a.) Each and every resident of the county within which is situated any city of the first grade of the first class, having therein established a public library, shall be entitled to the free use of such library, reading rooms and any branch or department of the same, and all the privileges thereof, upon such terms and conditions not inconsistent here- with, as the board of trustees of such library may prescribe. (94 V. 204; 93 V. 193.) § 117. [Powers of trustees in Cincinnati.] (§ 39996.) The board of trustees of the public library in cities of the first grade of the first class shall have sole and exclusive charge, custody and control of the public library in such city, includ- ing all property, both real and personal, used and occupied by such library, whether acquired heretofore or hereafter, and shall have full power to make all rules and regulations neces- sary for the proper government, maintenance, care and man- agement thereof, and to provide therefor. Said board of trus- tees shall have power over, and exclusive control of, the library fund hereinafter provided for, and of the expenditure of all 167 CINCINNATI LIBEAEY. § 118 moneys collected to the credit thereof. They shall have power and it shall be their duty to establish in said city and through- out the county within which is situated said library, reading- rooms, branch libraries and library stations in connection with said library, and to lease and furnish said rooms, buildings or parts thereof as are required for such purposes, and to pay all necessary expenses connected therewith. They shall have power, and it shall be their duty to purchase and pay for all books, periodicals, magazines and other literature and supplies necessary, in their judgment, for said public library, reading rooms, branch libraries and library stations, and to incur the necessary expenditures for the encouragement and advance- ment of the best use of such library, reading rooms, branch libraries and library stations by the public ; all such purchases, payments and expenditures to be made out of said library fund hereinafter provided for. [Employment of librarian and assistants.] They shall have power, and it shall be their duty, to employ a librarian, as- sistant librarians, and other necessary assistants for such public library, reading rooms, branches and stations, to fix the com- pensation of persons so employed, and to pay the same out of said library fund. Said library board may fix the term of any such person employed by them for any period not to exceed one year. (93 v. 193.) § 118. "[Tax for library purposes in Cincinnati.] (§ 3999c.) For the purpose of increasing, maintaining and managing the public library the board last named shall, on demand, furnish to the county auditor, board of county commissioners, and board of control any information relating to the finances of said board, which either may deem necessary in the proper discharge of the duties imposed by this act. The provisions of section 2834& of the Eevised Statutes shall apply to all con- tracts, agreements, obligations and orders involving the ex- penditure of money, entered into or made by the board of trustees of the public library of any such city, and any action of any such board, contrary to the provisions of said section, shall be void, except that the certificate of the county auditor required by said section shall not be necessary in case of cur- rent expenditures, or in case of any other expenditures not §§ 119-123 GUIDE FOE OHIO SCHOOL OFFICERS. 168 exceeding five hundred dollars, or in ease of contracts for the employment of officers, assistants or other employes of such board. (94 v. 204; 93 v. 194.) § 119. [Disposition of unexpended fund heretofore raised for library purposes in Cincinnati.] (§ 3999d.) The amount of any fund heretofore raised by a levy or tax by the board of education in such city for school library purposes, and all library funds remaining unexpended, shall be transferred from the respective funds to the library fund herein created, to be expended and paid out as herein provided for funds produced by a levy made by said board of trustees, and any and all funds, bonds, stocks or other species of property held by the board of education of such city, or by any of the departments of such city for the benefit of the public library thereof, shall be transferred to the board of trustees of such public library, to be held and controlled b}^ them subject to the terms of the respective donations. (93 v. 194.) § 121. [Who ineligible as members of the library board.] (§ 3999e.) No member of any of the boards exercising the power of appointment of the trustees of the public library, as provided in section 3999 (§ 115), shall be appointed or elected a member of said library board. (94 v. 204.) § 122. [Carnegie donation, library trustees may accept.] (§ 3999/".) Sec. 1. That the board of trustees of the public li- brary of the school district of Cincinnati be and it is hereby au- thorized to receive and accept the said donation of Andrew Car- negie upon the terms and conditions therein expressed, the branch libraries constructed under the provisions of said dona- tion to be by said library trustees and their successors equipped, furnished and maintained, and forever kept open for the free use of the public. (95 v. 902.) § 123. [Bonds for sites, equipment, etc., of libraries.] (§ 3999(/.) Sec. 2. That for the purpose of providing the sites and furnishing the equipment necessary for said branch libra- ries the said board of trustees is hereby authorized and empow- ered to borrow as a fund therefor such sum as may be neces- sary, not exceeding one hundred and eighty thousand dollars, 169 CINCINNATI LIBRARY. § 124 and to issue registered or coupon bonds therefor, which shall be known and designated as "The Public Library bonds of the school district of Cincinnati," and shall be issued in such sums and be made payable at such times and places as shall be deemed best by said board. Said bonds shall be signed by the president and secretary of said board and a record kept thereof. They shall bear a rate of interest not exceeding three and one-half per centum per annum, and shall not be sold for less than par, nor until after four successive weekly advertise- ments in two newspapers published and of general circulation in said city. For the purpose of paying the interest and pro- viding a sinking fund for the final redemption of said bonds, the said board of trustees shall levy annually a tax upon the taxable property of said school district sufficient in amount to pay the said interest upon said bonds, and to provide a sinking fund for their final redemption. The said tax shall be certified annually by said trustees to the auditor of the county in which said school district is situate, and shall be by him placed upon the tax duplicate of said district in addition to all other taxes allowed by law, and said tax shall be levied, assessed and collected as other taxes. The proceeds of said tax, when col- lected, shall be credited to the said library trustees of the sinking fund for the payment of the said bonds and interest. Said trustees shall pay therefrom the said annual interest upon said bonds, and the portion assessed and collected for the sinking fund shall be invested by them in bonds of the United States, state of Ohio, or the city of Cincinnati, and from the proceeds of said investment they shall pay the said bonds at maturity. (95 v. 902.) §124. [Power of trustees to lease or purchase sites, etc.; contracts for branch libraries; title to property.] (§ 3999/i.) Sec. 2. Said library trustees shall have power to purchase or lease and to hold land necessary for suitable sites on which to erect said branch libraries, and shall use said fund in the pay- ment therefor, and in suitably equipping said libraries for use. It shall require the affirmative vote of not less than two-thirds of the members of said board to purchase or lease any such land or to make any contracts concerning the erection of such branch libraries. Purchases made may be for cash or on time, and if on time, said board may issue its obligations for §§ 125-127 GUIDE FOR OHIO SCHOOL OFFICERS. 170 the deferred payments and secure the same by mortgage upon the land purchased. Said trustees shall have power and they are hereby authorized to make all necessary contracts for the construction, furnishing and equipping of such branch libra- ries. The title to the land acquired under this act shall be taken in the name of ''The trustees of the Public Library of the school district of Cincinnati," and shall be held by them in trust for public library purposes, and said trustees shall have the care, custody, management, and control of all prop- erty provided for public library purposes under this act. (95 V. 903.) § 125. [Exemptions from taxes, execution, etc.] (§ 3999i.) Sec. 4. All property, real or personal, vested in such library board or used for library purposes, shall be exempt from taxa- tion, and from sale on execution or any writ or order in the nature of an execution. (95 v. 903.) §126. [Donations, taxes, etc.] (§3999/.) Sec. 5. Said trustees shall have the right to receive and accept donations of land, money, or other thing of value, and to invest, use, or dis- pose of the same in the interest of the library. (95 v. 903.) §127. [Power of trustees to control funds; contracts for buildings, etc.] (3999fc.) Sec. 6. The said library trustees, and their successors shall be the trustees of said fund so as aforesaid raised and provided, and shall have the control and disbursement of the same. They may maintain and defend suits, appoint, employ and pay officers and agents. No contract shall be made for any part of the construction of said library building, or for any work to be done in connection therewith, which shall involve the expenditure of more than five hundred dollars, save upon public advertisement for not less than thirty days in two newspapers, printed and of general circu- lation in said city, inviting proposals therefor. Said trustees shall have power to take such security from any officer, agent, or contractor chosen, appointed, or employed by them as they shall deem advisable. They shall not become surety for any officer, agent or contractor, or be interested directly or in- directly in any contract concerning said library. (95 v. 903.) 171 CLEVELAND LIBRARY, §§ 128-130 §128. [Officers of trustees; depositories of funds, etc.] (3999L) Sec. 7. The said trustees shall choose from their number a president, vice-president, secretary and treasurer, and may select a depository within said city which shall be a nation- al bank or trust company organized under the laws of this state in which to deposit any funds coming into the hands of said treasurer, and they may make contracts for the safe keeping of said funds and the payment of interest thereon. (95 v. 904.) §129. [Cleveland public library.] (§4000.) The public library board of the city of Cleveland shall consist of seven suitable persons, residents of said city, no one being a member or officer of the board of education. The members of the library board shall serve without compensation and hold their offices for three years and until their successors shall have been elected and qualified, except at the first election two of the board shall be elected for one year, two for two years, and three for three years. After said first election so many shall be elected each year as equals the number whose term expires that year. They shall be elected by roll-call as in other cases by the board of education of the city of Cleveland, at its first regular meeting after the third Monday in April, 1886, and annually thereafter as hereinbefore provided. The board of education shall have power at any time to fill va- cancies in the library board for unexpired terms by election as aforesaid. (1886, April 28; 83 v. 104; 80 v. 172; Rev. Stat. 1880; 75 V. 101, §1.) §130. [Pov^rers and duties of library board.] (§4001.) Such library board shall report in writing to the board of edu- cation once each year, and oftener if required by the latter, shall have exclusive charge and control of the public library of the city, and shall have full power to make all rules and regulations for the government and management thereof; to employ a librarian and such assistants and help as may be needed for the care and protection of the library, and to at- tend to the drawing and return of books; but prior to such^ employment the compensation of such librarian, assistants and help, shall be fixed by the library board, a majority of the members thereof voting in favor of such compensation, on §§ 131-133 GUIDE FOR OPIIO SCHOOL OFFICERS. 172 roll-call by the secretary, and such librarian, assistants and help shall be employed by a vote in the same manner. (1883, April 18; 80 V. 172; 78 v. 132; Rev. Stat. 1880; 76 v. 50, § 2.) §131. [Library tax, and how expended.] (§4002.) For the purpose of increasing and maintaining the public library in said city, and the territory thereto attached for school purposes, such library board may levy annually a tax of eight- tenths of one mill on each dollar valuation of the taxable property of the city, and the territory thereto attached for school purposes, to be levied, collected and paid in the same manner as are school taxes of the city ; all money appropriated, received or collected by tax for the library, shall be expended under the direction of the library board in purchasing such books, pamphlets, papers, magazines, periodicals, journals and other property as may be deemed suitable for the public li- brary and in payment of all other charges and expenses, in- cluding compensation of the librarian, assistants and help that may be incurred in increasing and maintaining the li- brary, and all claims against said fund shall be approved by the president and secretary of said library board and paid upon the warrant of the auditor of the board of education in the manner now provided by law for the payment of claims against said city. (94 v. 26 ; 91 v. 268, 123 ; 90 v. 96 ; 80 v. 172, 173; Rev. Stat. 1880; 76 v. 50, § 3; 95 v. 438.) § 132. [Cleveland library board to hold title and control property.] (§ 4002-1.) Sec. 1. Said library board, in its own name shall hold the title to and have the custody, management and control of all property of said library board, both real and personal, whether acquired heretofore, or hereafter, and shall have power over, and the excutive control of the expenditures of moneys collected for the purpose of purchasing lands, and erecting buildings and also have complete custody, manage- ment and control of all public libraries and branches and stations thereof, and the reading rooms connected therewith (92 V. 590.) § 133. [Can purchase, lease or condemn.] (§ 4002-2.) Sec. 2. Said library board shall have power, by a tAVO-third vote of its members entered upon its journal, to purchase grounds and 173 CLEVELAND LIBRARY. §§ 134-138 erect suitable library buildings, and to lease grounds and suitable library buildings, and in case suitable grounds can not be purchased, to condemn the grounds desired, by virtue of the power of eminent domain, and erect thereon suitable and appropriate buildings for library use. The title to such grounds so purchased or condemned and buildings erected shall be taken to and vest in the said library board. (92 v. 590.) § 134. [Proceedings to condemn.] (§ 4002-3.) Sec. 3. When it is deemed necessary by said library [board] to con- demn or appropriate private property, whereon to erect libra- ry buildings, said library board in making such appropriation shall proceed in accordance with the provisions of section 2235 and subsequent sections found in chapter 3, division 7, title 12 of the Revised Statutes of Ohio and acts amendatory thereof and supplementary thereto. (92 v. 590.) §135. [Donations.] (§4002-4.) Sec. 4. Said board may by resolution accept any gift, devise or bequest of property, real and personal, for the benefit of the library. (92 v. 590.) §136. [Exempt from tax and execution.] (§4002-5.) Sec. 5. All property, real or personal, vested in any public library board shall be exempt from taxation and from sale on execution or other writ or order in the nature of an execution. All con- veyances made by such library board shall be executed by the president and secretary thereof. (92 v. 590.) §137. [Oath.] (§4002-6.) Sec. 6. Each person appoint- ed a member of such board shall, upon entering upon the duties of his office, take an oath or affirmation, to obey the consti- tution of the United States and the constitution of the state of Ohio, and that he will faithfully perform the duties of his office. (92 V. 590.) §138. [Organization.] (§4002-7.) Sec. 7. Said library board at its first meeting in June after the passage of this bill, and annually thereafter in June, shall organize by choosing a president, vice-president and a secretary, and in the absence of the president or his inability to act, the vice-president shall perform the duties of the president. (92 v. 590.) §§ 139-142 GUIDE FOR OHIO SCHOOL OFFICERS. 174 §139. [Annual report.] (§4002-8.) See. 8. Said library board shall make an annual report to the board of education stating the condition of their trust, the various sums of money received from the library fund and from other sources and how such moneys have been expended, and for what purposes; the number of books and periodicals on hand; the number added by purchase, gifts or otherwise during the year; the number lost or missing, the number of books loaned out and the general character of the books, with other statistics, in- formation and suggestions as they may deem of general in- terest. (92 V. 590.) § 140. [No member of board to be interested in contract, except; validity of contract.] (§4002-9.) Sec. 9. No member of such library board shall have any pecuniary interest, either directly or indirectly, in any contract made with the board or be employed in any manner or have any compensation from the board of which he is a member, except as secretary, and no contract shall be binding upon such board unless it be made or authorized to be made at a regular or special meeting of the board. (92 v. 590.) §141. [Use of library and reading room.] (§4002-10.) Sec. 10. Every library and reading-room established under this act shall be free to the use of the inhabitants of such city and those who reside in the territory thereto attached for school purposes, subject, however, to such rules and regulations as the library board may deem necessary to adopt and publish, to protect and preserve property therein in order to render the use of said library and reading-room of the greatest benefit to the greatest number; and said library board may exclude and cut off from the use of said library and reading-room any and all persons who shall wilfully violate any of such rules and regulations. (92 v. 590.) § 142. [Bonds to pay for land and building.] (§ 4002^11.) Sec. 11. Said library boards may issue bonds with interest cou- pons attached, to obtain land and building for a public library and to furnish the same and to pay the cost and expense there- of, and in anticipation of income from taxes for such purposes levied or to be levied, may from time to time, as occasion 175 CLEVELAND LIBRARY. § 143 requires, or at any time after the passage of this bill, issue and sell bonds, bearing interest, payable semi-annually, at a rate specified therein, not exceeding five per cent. (5%) per annum, and in such sums and at such times as the library board may determine, which bonds shall be numbered con- secutively, made payable to the bearer and be signed by the president and secretary of the board and denominated "public library bonds of the city of Cleveland, Ohio," and the secre- tary of said board shall keep a record of the number, date, amount and rate of interest on each bond sold, the sum for which and the name of the person to whom sold, and the time when payable, which record shall be open to the inspection of the public at all reasonable times, and the bonds so issued shall in no ease be sold for less sum than the par value nor bear interest until the purchase money for the same shall have been paid by the purchaser and such library board shall pay such bonds and the interest thereon when due, provided that the total issue of bonds shall not exceed two hundred and fifty thousand dollars ($250,000). (92 v. 590.) § 143. [Eesolution to issue; sale of.] (§ 4002-12.) Sec. 12. The order to issue such bonds shall be made only at a regular meeting of such board and by a vote of five-sevenths of all the members thereof, taken by yeas and nays and entered on the journal of the board, and such bonds shall be sold to the highest bidder after being advertised once a week for four (4) con- secutive weeks in a newspaper having a general circulation in the county where such bonds are issued, and if there shall be more than one newspaper in such city having a general circulation in the county where such bonds are issued, then the sale of such bonds shall be advertised in at least one ad- ditional newspaper of such general circulation in such county, the advertisement shall state the total number of bonds to be sold, the amount of each, how long they are to run, the rate of interest to be paid thereon, whether annually or semi-annu- ally, the law or section of law authorizing their issue, day, hour and place in the county where they are to be sold, and the privilege shall be reserved by such board to reject all or any bids, and if said bids are rejected said bonds shall be advertised and the moneys arising on premiums of the sale of said bonds as well as the principal shall be credited to said §§ 144-146 GUIDE FOR OHIO SCHOOL OFFICERS. 176 fund on account of which the bonds are issued and sold and shall be used for the purpose provided in this section. (92 v. 590.) § 144. [Sinking fund.] (§ 4002-13.) See. 13. For the pur- pose of creating a sinking fund for the extinguishment of the bonds provided for in the preceding section, said library board may annually until the payments of the bonds are fully provided for, levy and collect a tax in addition to other taxes now authorized to be levied by it, which shall not exceed two- tenths of one mill upon the taxable property of the city of Cleveland and the territory thereto attached for school purpos- es, which tax shall be paid into the treasury of said city and on order of the director of accounts of said city paid over to the sinking fund commission hereafter provided for and by them applied by order of the library board to the extinguishment of the bonds in the preceding section provided and to no other purpose whatever, and the taxes so levied shall be certified and placed on the tax list and collected in the same manner as school taxes of said city and such tax shall be a lien upon the property whereon they are assessed and the same as state and county taxes and subject to the same penalties if delin- quent. (92 V. 590.) §145. [Trustees of sinking fund.] (§4002-14.) Sec. 14. In such city there shall be a board designated as ''the trustees of the library sinking fund of the city of Cleveland" composed of three (3) citizens thereof, to be appointed by the court of common pleas in the county in which such city is situated. The first appointment shall be one for the term of one 3^ear, one for the term of two years, and one for the term of three years and all trustees appointed thereafter shall serve for three years, except in case of vacancy, which shall be filed by said court for the unexpired term, and before any person appointed as a member of such board shall assume the duties of his office he shall give bond to the state of Ohio in the sum of five thou- sand dollars ($5,000) with not less than two sureties to faith- fully discharge his said duties. (92 v. 590.) §146. [Their organization.] (§4002-15.) Sec. 15. Such trustees immediately after appointment and qualification shall 177 CLEVELAND LIBRARY. §§147,148 organize by appointing one of their number as president and the director of accounts of such city shall act as secretary of said board of trustees and the library board shall provide such trustees with a place of meeting, and regular meetings of such trustees shall be held on the second Monday of January and July of each year, but other meetings may be called by the president or any member of the board. Their proceedings shall be recorded in a journal kept for that purpose v^hich shall at all times be kept open to the inspection of the library board or any member thereof and all questions relating to the purchase or sale of securities, payment of bonds or interest shall be decided by a viva voce vote with the name of each member voting recorded on the journal and no question shall be decided unless approved by a majority of the whole board. (92 V. 590.) §147. [Their duty to certify tax.] (§4002-16.) Sec. 16. The trustees of such sinking fund shall in the month of May in each 3^ear and oftener, if required, certify to the library board the rate of tax, not exceeding the limit herein provided, neces- sary to provide a sinking fund for the payment of the bonds is- sued by authority of this bill together with the amount neces- sary to be levied to provide for the payment of the interest thereon, and the library board shall levy the amount so certified as under this act provided and for the full amount so certified, but said library board may increase the amount so reported, provided the total amount so levied does not exceed the limi- tation provided in this bill. (92 v. 590.) §148. [Investments by.] (§4002-17.) See. 17. The trus- tees of such sinking fund shall invest all moneys received by them in bonds of the United States, state of Ohio, city of Cleve- land, city of Cincinnati, city of Columbus, and the city of To- ledo, and they shall give preference to the bonds of the city of Cleveland, where they can be purchased at a price equal to, or, less than the bonds of the United States, or of the state of Ohio, taking into consideration the rate of interest paid on each, and the interest received shall be reinvested in like manner and at no time shall there be more than $5,000 kept on deposit if investment can be made, and said trustees shall §§ 149-151 GUIDE FOR OHIO SCHOOL OFFICERS. 178 provide for the payment of all interest on said bonds herein authorized to be issued, together with the principal thereof at maturity of said bonds, from said funds so invested by them. (92 V. 590.) § 149. [Cleveland may appropriate from school fund for library.] (§ 4002-18.) Sec. 1. In all cities, which, by the last federal census, had, and all those which hereafter, on the first day of March, in any year, as ascertained by any federal cen- sus, may have, a population exceeding ninety thousand and less than two hundred thousand inhabitants, it shall be lawful to appropriate from the school fund, an amount equal to the proceeds of one-tenth of one mill of the tax levy, to maintain or assist in maintaining the public library and pay in part the cost and expense of supporting and running any public library in said cities in addition to the one-tenth of one mill now authorized by law to be raised by taxation for that pur- pose ; provided, that this act shall not be construed to author- ize any increase in levies for school purposes, including li- braries in said cities, over that made in 1877. (75 v. 11.) IN TOLEDO. §150. [Toledo public library; tax for library.] (§ 4002-19.) See. 1. In any city of the third grade of the first class, the city council may, by a resolution passed by a majority of the members elected thereto, declare it to be essential to the interests of such city, to establish and maintain therein a pub- lic library and reading-room. That hereafter the said city council shall, annually, levy a tax of thirty-five one-hundreths (35-100) of one mill on the dollar on the taxable property of such city for that purpose, to be called the library fund; and which levy shall be certified to the county auditor of the county, and by him placed on the tax duplicate of the county and collected as other taxes. (94 v. 166; 1888, April 12; 85 V. 209 ; Rev. Stat. 1880; 70 v. 142.) (§4002-20.) Sec. la. Repealed April U, 1900. (94 v. 166.) §151. [Board of trustees.] (§4002-21.) Sec. 2. The cus- tody and management of such public library and reading-room, as well as its entire administration, shall be committed to a 179 TOLEDO LIBKARY. §§ 151, 153 board of trustees, nine in number, of whom the mayor of such city for the time being shall be one, and the others shall be ap- pointed by the common council, four of whom shall be appoint- ed from such names as shall be nominated to the common coun- cil by the board of education of said city, and shall be citizens of approved learning, discretion, and fitness for such office. They shall hold their office for the term of four years, and until their successors are duly elected and qualified; provided, that the trustees first appointed, other than the mayor, shall be elected respectively for terms of one, two, three, and four years, from the first day of January next following their election, two for each term. Any vacancy caused by the death, resignation, or removal of a trustee, or otherwise, shall be filled for his unexpired term by appointment of the common council. No trustees shall have compensation as such. (1888, April 12; 85 v. 209, 210; Rev. Stat. 1880; 70 v. 142.) § 152. [Transfer of libraries to such board by the board of education.] (§4002-22.) Sec. 3. As soon as said board of trustees shall be elected and organized, it shall be the duty of the board of education in such city to transfer to the custody and control of such board of trustees whatever public library or libraries may be in its possession or control, except such books of reference, maps or charts as the board of education may think proper to retain for use in school buildings ; and there- after no tax shall be levied by such board of education for a library fund. (1888, April 12; 85 v. 209, 210; Eev. Stat. 1880; 70 V. 142.) §153. [Organization of trustees; regulations; powers; de- posit of library funds; warrants; power to purchase or con- demn grounds; issue and sale of public library building bonds; payment of said bonds and interest; title to grounds pur- chased; librarians and assistants.] (§4002-23.) Sec. 4. Said trustees shall immediately after their appointment, meet and organize by the election of one of their number as president, and by the election of such other officers as they may deem necessary. They shall make and adopt such by-laws, rules and regulations for their own government and guidance of the library, reading room and employes as may be expedient and not inconsistent with this act. § 153 GUIDE FOR OHIO SCHOOL OFFICERS. 180 [Exclusive control.] They shall have power over and the exclusive control of the expenditure of all moneys collected to credit of the library fund, and of the supervision, care, custody and control of the grounds and buildings constructed for such purpose, or rooms leased or set apart for such pur- pose; provided, that all moneys collected for such library, in- cluding proceeds of the bonds herein authorized, and all others, shall be deposited in the treasury of said city to the credit of the library fund, and shall be kept separate and apart from other funds, and the city auditor shall issue his warrant when drawn upon by said board of trustees, or by its proper officers duly authorized. [Purchase grounds.] Said board shall have the power, by a two-third vote of said trustees entered upon its journal, to purchase grounds, and in case suitable grounds can not be purchased, to condemn the grounds desired, and erect thereon suitable and appropriate building or buildings for the use of said library; the cost of such ground and buildings not to exceed in the aggregate the sum of $45,000; and for such purpose said board is authorized and empowered to borrow money upon bonds as hereinafter provided to pay for the same, not to exceed the aggregate, the sum of $45,000; and the said boards of trustees is authorized to issue and sell its bonds, for the above named amount, with coupons for in- terest, divided into and payable in fifteen consecutive annual payments; the first of which shall become due three years after their issue. [Issue bonds.] Said bonds shall be denominated ''The Pub- lic Library Building Bonds" of said city, and shall be for the sum of $500 each, payable to bearer, and bear interest at the rate not exceeding four and one-half per cent, per annum, payable semi-annually. Said bonds and coupons shall be signed by the president of said board and attested by its sec- retary; and in making sale of said bonds the said board of trustees shall be governed by the provisions of an act of the general assembly passed March 22, 1883 (0. L., vol. 80, p. 68), entitled "an act providing. for the sale of public lands." [Payment of bonds.] To meet the payment of said bonds and interest, the said board of trustees shall appropriate and set apart annually from said library fund, a sum sufficient for 181 TOLEDO LIBRARY. § 15-4 such purpose, not to exceed one-half of the tax revenues col- lected for such year. [Title to land.] The title to such grounds so purchased shall be taken to and vest in the trustees of the public library of such city; said trustees shall be held and considered to be special trustees thereof for such city. Said board shall have power to appoint suitable librarians and necessary assistants, fix salaries of same, and shall, in general, carry out the spirit and intent of this act in establishing and maintaining the best public library and reading-room with the means at their dis- posal. (1888, April 12; 85 v. 209, 210; Rev. Stat. 1880; 70 v. 142.) § 154. [Additional bonds authorized to be issued for cer- tain purposes.] (§4002-24.) Sec. 4a. For the purpose of en- abling said board of trustees to construct said building or build- ings so as to make it or them fireproof, and thereby insure pro- tection to the large and valuable library to be kept therein, and to pay the increased cost of such construction, and complete said building or buildings, and provide necessary furniture for same, and to pay for grading the library grounds and con- structing walks, said board of trustees is hereby authorized to issue and sell aditional bonds to an amount not in excess of thirtj^-five thousand dollars ($35,000) ; said additional bonds shall bear interest, be issued, sold, the proceeds deposited, drawn, used, and the interest and principal paid, as provided, and subject in all respects to all the conditions named in said original section 4, for the bonds therein authorized, except as follows: the bonds hereby authorized, shall mature, three thousand dollars ($3,000.00) July 1, 1890; five thousand dol- lars ($5,000.00) July 1, 1906; and five thousand dollars ($5,- 000.00) July 1, of each succeeding year until July 11, 1911, when seven thousand dollars ($7,000.00) shall mature, but if it be found unnecessary to issue all of said bonds, those not issued shall be those last to mature as aforesaid; and the rate of interest shall not exceed four per cent, on those bonds to mature July 1, 1906, and thereafter; and said board shall annually appropriate and set apart such additional sum as may be necessary to pay said bonds and the interest thereon as the same mature. (1889, March 12; 86 v. 79.) §§ 155-158 GUIDE FOR OHIO SCHOOL OFFICERS. 182 §155. [Purchase of a site for library.] (§4002-25.) Sec. 4&. That on the request of said board by a two-thirds vote of all of the trustees, entered on its journal, any such city of the third grade of the first class, may purchase, appropriate, enter upon and hold, any real estate within its limits, by it deemed necessary for the purpose of providing said public library with suitable library grounds and extensions or additions thereto. The cost and expense of acquiring such grounds, extensions or additions shall be paid for by the trustees of such public library, out of any moneys in its hands or due and owing to it from the public libray fund. (88 v. 92.) §156. [Appropriation of private property.] (§4002-26.) Sec. 4c. That when it is deemed necessary by any such city of the third grade of the first class to appropriate private property as heretofore provided in said supplementary section 4&, any such city shall proceed in making such appropriation under and in accordance with the provisions of section 2235 and the subsequent sections thereto as found in chapter 3, division 7, title 12 of the Revised Statutes of this state, in so far as the same are applicable. (88 v. 335.) §157. [Additional building bonds.] (§4002-27.) Sec. 4d. For the purposes specified in said original section four (4) and the first section supplemental thereto, section 4a, and to com- plete the carrying out of such purposes, and paying therefor, said board of trustees is hereby authorized to issue and sell ad- ditional bonds to an amount not in excess of five thousand dol- lars ($5,000.00) ; and such additional bonds shall be issued and sold and their proceeds disposed of and their payment including interest provided for, in all respects in the same manner and subject to the same conditions, as provided in said supplemental section 4a for the bonds to mature July 1, 1906, and thereafter, except that those hereby authorized shall mature July 1, 1912. (89 v. 419.) § 158. [Library to be free, subject to reasonable rules.] (§4002-28.) Sec. 5. Every library and reading-room estab- lished under this act, shall be and remain forever free to the use of the inhabitants of such city, subject, however, to such rea- sonable rules and regulations as the library board may find and 183 TOLEDO LIBRARY. §§ 159-161 deem necessary to adopt and publish, to protect and preserve the property therein, in order to render the nse of said library and reading-room of the greatest benefit to the greatest num- ber; and said board may exclude and cut off from the use of said library and reading-room, any and all persons who shall wilfully violate any of such rules and regulations. (1888, April 12; 85 V. 209, 211; Rev. Stat. 1880; 70 v. 142.) §159. [Annual report to city council.] (§4002-29.) Sec. 6. The said board of trustees shall make an annual report to the city council, stating the condition of their trust, the various sums of money received from the library fund, and from other sources, and how much moneys have been expended, and for what purpose ; the number of books and periodicals on hand ; the number added by purchases, gifts or otherwise during the year; the number lost or missing, the number of books loaned out, and the general character and kind of such books, with other statistics, information and suggestions as they may deem of general interest. (1888, April 12; 85 v. 209, 211; Rev. Stat. 1880; 70 v. 142.) § 160. [Penalty for injuring library property.] (§ 4002-30.) Sec. 7. The city council of such city shall have power to pass ordinances imposing suitable penalties for the punishment of any and all persons committing injury upon such library build- ings, grounds or other property thereof. (1888, April 12; 85 V. 209, 211; Rev. Stat. 1880; 70 v. 142.) § 161. [Power of trustees to accept donations, etc.] (§ 4002-31.) Sec. 8. Any person or persons desiring to make, devise or bequest, donation or gift of either books, personal property, money or real estate, to and for the use and benefit of such library, may vest the same or title thereto in the said trus- tees created under this act; to be held and controlled by said board, its successors, when accepted, according to the terms of such devise, bequest or deed of gift of such property; and as to such property the said board of trustees shall be held and considered special trustees thereof. (1888, April 12; 85 v. 209, 212; Rev. Stat. 1880; 70 v. 142.) §§ 162-164 GUIDE FOR OHIO SCHOOL OFFICERS. 184 IN DAYTON. § 162. [Dayton public library board; election of.] (§ 4002-32.) Sec. 1. In any city of the second grade of the second class the city board of education may elect by ballot, a special board of six competent persons, residents and electors of said city or school district, to be called the library board, which board shall have the sole custody, control and manage- ment of the public library of such city and of any reading- rooms, branch libraries or library stations by said library board established in connection with such public library. (89 v. 229; 84 V. 171.) §163. [Political composition of; terms; vote required to elect.] (§4002-33.) Sec. 2. The six members of said library board shall be selected equally from the two political parties having the largest representation in the city board of educa- tion and shall be elected as follows : Two for a term of one year, two for a term of two years and two for a term of three years, one member from each of said political parties to be elect- ed for each of several terms; and at the end of the first year and of each year thereafter, two members of said library board, one from each of said political parties, shall be elected, by ballot, by said board of education for the term of three years. It shall require the affirmative vote of a majority of all the members elected to said board of education to elect the members of said library board. (89 v. 229; 84 v. 171.) §164. [Powers and duties.] (§4002-34.) Sec. 3. Said li- brary board shall have power over and the exclusive control of the library fund hereinafter provided for, and of the expendi- ture of all moneys collected to the credit thereof. They shall have power to establish in said city reading-rooms, branch li- braries and library stations in connection with such public li- brary, and to lease and furnish such rooms, buildings or parts thereof as are required for such purposes, and to pay all neces- sary expenses connected therewith. They shall have power and it shall be their duty to purchase and pay for all books, periodi- cals, magazines, and other literature, and supplies necessary, in their judgment, for said public library, reading-rooms, branch libraries and library stations, and to incur the neces- 185 DAYTON LIBRARY. §§165,166 sary expenditures for the encouragement and advancement of the best use of such public library, reading-rooms, branches and stations, by the public ; all of such purchases, payments and expenditures to be made out of said library fund herein- after provided for. They shall have power and it shall be their duty to employ a librarian, assistant librarians, janitors and other necessary assistants for such public library, reading- rooms, branches and stations, to fix the compensation of per- sons so employed and to pay same out of said library fund. Said library board may fix the term of such persons employed by them for any period not to exceed one year. (89 v. 229; 84 v. 171.) § 165. [Expenses of library for ensuing year.] (§ 4002-35.) Sec. 4. Said library board shall, annually, prior to the annual levy of taxes made by the city board of education, report and certify to such city board of education a statement of the amount by said library board deemed necessary for the ex- penses and expenditures of such library board for the ensuing year ; and said city board of education shall annually levy a tax for such library purposes and for the use of such librarj^ board for such purposes for such ensuing year to the full amount so reported and certified by said library board; provided, how- ever, that the amount so levied shall not exceed the amount hereinafter authorized to be levied for such purposes. The fiscal year of said librarj^ board shall be the same as that of the board of education. (89 v. 229; 84 v. 171.) § 166. [Tax for library fund; custodian; disbursements and balance.] (§4002-36.) Sec. 5. The board of education of said city wherein a library board exists under the act to which this act is amendatory or shall hereafter be elected under this act, shall have the power and it shall be the duty of such board of education to levy annually for such public Library purposes a tax not exceeding four-tenths of one mill on the dollar of the city valuation, to be called the library fund, which levy shall be certified by said board of education to the county auditor of the county in which said city is situate, within the time and in the manner fixed for the certifying of other levies made by said board of education; and [which levy shall be by said auditor placed on the tax duplicate of the county] § 167 GUIDE FOR OHIO SCHOOL OFFICERS. 186 and collected as other taxes. Such levy for library purposes shall not be a part of the general levy authorized to be made by such board of education for school purposes. The money realized from sard levies and all moneys received or collected by the trustees for the library, shall be placed in the treasury of the county, subject to the order of the board of trustees of said library. Said funds shall be kept separate and apart from other funds and the treasurer shall be the custodian there- of, and no money shall be drawn therefrom except upon the requisition of the board of trustees of the library, certified by the president and secretary of said board and directed to said county treasurer. Any part of said funds unexpended during any year shall remain to the credit of said library fund. (94 V. 484; 89 v. 229; 84 v. 171.) §167. [Provisions governing board.] (§4002-37.) Sec. 6. Said library board shall, immediately after their election meet and organize by the election of a president, a secretary and other necessary officers from their number, and such election shall be held annually thereafter. Said board shall make and adopt such by-laws, rules and regulations for their own govern- ment and guidance and for the government and guidance of the public library, reading-rooms, branch libraries, and stations, and of the employes of said board as may be expedient and not inconsistent with this act, and said board shall, by their by- laws, designate the officers authorized to draw orders upon said library fund. Any public library now established in any such city and which is maintained and in operation under and by virtue of the provisions of the act to which this act is amendatory, and the existing library board of such city and the officers thereof, shall be governed by the provisions of this act ; and such library board shall succeed to and be vested with all the rights, powers and privileges, and charged with all the duties herein granted or imposed; and the members of such existing library board elected thereto by the board of education prior to the taking effect of this act shall continue as such until the expiration of their present terms, and their successors shall be elected pursuant to the provisions hereof. The present officers of such existing library board shall con- tinue in office until the expiration of their present terms as such officers or until a vacancv occurs therein prior to such 187 MUSEUM IN LIBRARY. § 168 expiration when their successors shall be elected pursuant to the provisions hereof. "Where such existing library board has heretofore reported to such board of education their esti- mate of the expenses of such library for the current year, pur- suant to the provisions of the act to which this act is amenda- tory, such board of education shall forthwith upon the taking effect of this act, set apart and pay over to the said county treasurer as the treasurer of such library fund the unexpended balance of the appropriation heretofore made by such board of education for such library expenses for the current year, which balance shall become and constitute a part of said library fund hereinbefore provided for and shall be expended by said library board for the maintenance, management and expenses of such public library, reading-rooms, branch libraries and li- brary stations, for the remainder of such current year. (89 V. 229; 84 V. 171.) § 168. [Museum may be established.] (§ 4002-38.) Sec. 1. In any city of the second grade of the second class, wherein there now is or shall hereafter be a public library of such city, under the control, custody and management of a library board established pursuant to the provisions of an act entitled ^'An act to provide for competent and non-partisan public library boards in cities of the second class, second grade," passed March 21, 1887 (0. L., v. 84, p. 171), and of acts amendatory thereto, such library board shall have the power, and is hereby authorized to establish and maintain, in connection with such public library, a public museum for the benefit of the public of such city; and such board may appropriate and expend, out of the amount of the tax levy heretofore or hereafter annu- ally made for library purposes and for the use of such board, such amounts as are in their judgment necessary for the es- tablishment and maintenance of such public museum. Such library board is empowered to receive, by way of gift, loan or purchase, specimens and collections for such museum, to be accepted and held by such board and their successors in office, in trust for museum purposes, and under such conditions and regulations as they may from time to time establish. Such library board may make, from the funds arising from such levy, such purchases of specimens and collections for such §§ 169-171 GUIDE FOR OHIO SCHOOL OFFICERS. 188 museum, as shall not impair the proper and sufficient use of such funds for library purposes. (90 L. L. 377.) IN SMALLER CITIES AND VILLAGES, § 169. [Certain cities and villages may have libraries; tax.] (§4002-39.) Sec. 1. The common council of every city not ex- ceeding in population thirty thousand inhabitants and of every incorporated village shall have power to establish and main- tain a public library and reading-room, and for such purpose may annually levy and cause to be collected, as other general taxes are, a tax not exceeding one mill on each dollar of the taxable property of such city or village, to constitute the library fund, which shall be kept by the treasurer separate and apart from other money of the city or village, and be used exclusively for the purchase of books, periodicals, necessary furniture and fixtures and whatever is required for the proper maintenance of such library and reading-room. (89 v. 98.) §170. [Directors.] (§4002-40.) Sec. 2. For the govern- ment of such library and reading-room there shall be a board of six directors, appointed by the council of such city or village from among the citizens thereof at large, and not more than one member of the council of such city or village shall at any one time be a member of said board. Such directors shall hold their office for three years from the date of appoint- ment, and until their successors are appointed, but upon their first appointment they shall divide themselves at their first meeting by lot into three classes, one-third for one year, one- third for two years, and one-third for three years, and their terms shall expire accordingly. All vacancies shall be im- mediately reported by the directors to the proper council, and be filled by appointment in like manner; and if an un- expired term, for the residue of the term only. No compen- sation whatever shall be paid or allowed to any director. (89 V. 98.) §171. [Organization; by-laws, etc.; control of expendi- tures; custody of building; how money drawn from treasury; librarian and assistants.] (§4002-41.) Sec. 3. Said directors shall, immediately after their appointment, meet and organize by the election of one of their number president, and by the 189 LIBRARY SMALLER CITIES. §§ 172-174 election of such other officers as they may deem necessary. They shall make and adopt such by-laws, rules and regulations for their own guidance, and for the government of the library and reading-room, as may be expedient. They shall have the exclusive control of the expenditures of all moneys collected for the library fund, and the supervision, care and custody of the rooms or buildings constructed, leased or set apart for that purpose, and such money shall be drawn from the treasury by the proper officers, upon the properly authenticated voucher of the board of directors, without otherwise being audited. They may, with the approval of the common council, lease and occupy, or purchase, or erect on purchased ground, an appropriate building, provided that no more than half the income in any one year can be set apart in said year for such purpose or building. They may appoint a librarian and as- sistants, and prescribe rules for their conduct. (89 v. 98.) §172. [Who may use library.] (§4002-42.) Sec. 4. Every library and reading-room established under this chapter shall be forever free for the use of the inhabitants of the city or vil- lage where located, always subject to such reasonable rules and regulations as the library board may find necessary to adopt and publish in order to render the use of said library and reading-room of the greatest benefit to the greatest number; and they may exclude and cut off from the use of said library and reading-room any and all persons who shall wilfully vio- late such rules. (89 v. 98.) § 173. [Annual report.] (§ 4002-43.) Sec. 5. The said board of directors shall make an annual report to such council, stating the condition of their trust — the various sums of money received from the library fund, and from all other sources, and how much has been expended ; the number of books and periodicals on hand; the number added by purchase, gift or otherwise during the year; the number lost or missing, the number of books loaned out, and the general character and kind of such books, with such other statistics, information and suggestions as they may deem of general interest. (89 v. 98.) §174. [Donations.] (§4002-44.) Sec. 6. All persons de- sirous of making donations of money, personal property or real §§ 175-177 GUIDE FOR OHIO SCHOOL OFFICERS. 190 estate, for tlie benefit of such library, shall have the right to vest the title of the same in the board of directors created under this law, to be held and controlled by said board, when ac- cepted according to the terms of the deed of gift, devise or bequest of such property, and as to such property the said board shall be held and considered to be special trustees. (89 V. 98.) § 175. [Tax to assist existing library association.] (§ 4002-45.) Sec. 7. In case a free public library has already been established in any city or incorporated village, and duly incorporated and organized, the council may levy a tax for its support as provided in this act, without change in the organi- zation of such library association, and the sum so raised shall be paid to the olScer or officers duly authorized to receive the same, and shall be under the control of the said library association ; provided, that if at any time such library associa- tion ceases to exist or from any reason fails to provide a free circulating library as required by the provisions of this act, the books and other property accumulated from the proceeds of the levy herein authorized shall become the property of the city or village and be subject to the control of the council as herein provided. (89 v. 98.) §176. [Library association in certain cities; levy.] (§4002-46.) Seel. In any city of the fourth grade of the second class, and in which city there is established and main- tained by a public library association duly incorporated, but not organized for profit, a public library, free to all the inhabitants of such city, the board of education shall levy or cause to be levied an annual tax, in addition if need be to the annual amount of taxes limited by law for school purposes, of not less than three-tenths and not to exceed five-tenths of a mill on all the taxable property within such city and school dis- trict, to be called ''a public library fund," which shall be certified to the county auditor of the county and placed on the tax duplicate of the county, and collected as other taxes. (93 V. 8.) §177. [Disposition of tax.] (§4002-47.) Sec. 2. Said tax when so levied and collected shall be paid over by the treasurer 191 LIBRARY — SMALLER CITIES. §§ 178-180 of the board of education to the treasurer of said library asso- ciation, to be used only in the purchase of books, pamphlets, magazines or newspapers, and for general library expenses of said library association, (93 v, 8.) § 178. [Library association to render account; shall main- tain free public library; city shall maintain library if associa- tion cease to exist; may levy tax.] (§ 4002-48.) Sec. 3. Said board of education shall require said library association to ren- der an account as often as it shall deem proper of all taxes so received by it, and how the same have been expended. Said association shall keep up and maintain in a public place in such city a public library free to all the inhabitants thereof, and to all persons residing within said school district. Pro- vided, further, that if said public library association shall for an}^ cause cease to exist then all property of said association, real and personal, shall immediately become vested in the city wherein said library association is established and maintained, and that had heretofore been taxed for the purpose of main- taining the same ; and it shall become the duty of said city or municipality to have the charge of and care of such prop- erty in the same manner as other property of said city, and to carry out the educational purposes for which this act was originally intended, and may, if occasion require, levy taxes for said purposes upon the personal and real property of said city, and collect the same as other taxes are now levied and collected. (93 v. 9, § 3; 95 v. 417, § 4002-48.) §179. [Tax in lieu of other taxes.] (§4002-49.) Sec. 4. The tax so levied shall be in lieu of all other taxes levied for school library purposes, and no other levy shall be made for such purpose ; [Purchase of school apparatus; levy.] Provided, however, that nothing herein shall prohibit the board of education from purchasing all necessary philosophical or other apparatus for the schools and making necessary levies therefor. (93 v. 9.) § 180. [Consolidation of libraries in Portsmouth author- ized.] (§ 4003.) In all cities which at the last federal census had, or at any subsequent federal census may have, a popula- tion of ten thousand five hundred and ninety-two, it shall be §§ 181-183 GUIDE FOR OHIO SCHOOL OFFICERS. 192 lawful to merge any public library therein heretofore estab- lished with any other library or reading-room therein existing ; but the library formed by such consolidation shall be kept open for the use of the public at all reasonable hours. (75 v. 541, § 1; 76 V. 97, § 1.) § 181, [Board of Portsmouth to appoint library commit- tee.] (§4004.) The board of education of every such city shall, at its first regular meeting after the second Monday in June, 1879, elect by ballot three suitable persons, residents of the city, but other than members of such board, who shall be known as the library committee of the city, one to serve for one year, one for two years, and one for three years, and until their successors are duly elected and qualified, and shall, annually thereafter, elect in like manner one person with the same qualifications to serve for three years, and until his suc- cessor is elected and qualified; and any vacancy in such com- mittee shall be filled for the unexpired term at the first regu- lar meeting of the board held after the same occurs. (75 v. 541, § 2; 76 V. 97, § 2.) . §182. [Powers and duties of such committee.] (§4005.) Such committee shall report in writing to the board of educa- tion at least once each year, and oftener if required by the board, and shall have entire charge and control of the school library in the city with full power to make all rules and regu- lations for the government and regulation thereof, to employ a librarian, and such assistants and help as may be needed for its care and protection, and to require of the librarian such bond as they may deem proper for the faithful perform- ance of his duties, and to attend to the drawing and return of books; but the salary of such librarian, and the rate of compensation of such assistants and help, shall be fixed by resolution prior to such employment. (76 v, 97, § 3.) § 183. [Powers and duties of library committees in Ports- mouth.] (§ 4006.) For the purpose of increasing and main- taining school libraries in cities mentioned in section four thousand and three (§ 180) of the Revised Statutes of Ohio, and the territory thereto attached for school purposes, such library committee in such cities is authorized to annually levy 193 TOWNSHIP LIBRARY. §§ 184, 184a a tax of three-tenths of one mill on the dollar valuation of the taxable property of such cities aforesaid, and the territory thereto attached for school purposes, to be. assessed, collected and paid in the same manner as are the school taxes of such cities, and all money appropriated or collected by tax for such library shall be expended under the direction of said library committee in the purchase of such books, pamphlets, papers, magazines, periodicals and journals, as may be deemed suitable for the public school library, and in payment of all other costs and charges, including the salaries of the librarian and assist- ants, that may be incurred in maintaining said libraries, the bills and payrolls for which said expenditures, shall, upon the order of the library committee, be certified by the chairman and secretary of such committee, and paid by the treasurer of the board of education of said city from such library fund. (92 V. 309; 78 v. 176; Rev. Stat. 1880; 75 v. 541, § 2; 76 v 97, § 4.) § 184. [Transfer of property.] That it shall be lawful for 'any municipal corporation in this state to transfer by ordi- nance duly passed, any property, real or personal, acquired or suitable for library purposes, to the trustees of any public library for the school district within which such municipal corporation is situate, upon such lawful terms and conditions as may be agreed to between said municipal corporation and said trustees. (97 v. 334.) The trustees of any public library in any such school district are hereby authorized and empowered to receive and accept any such transfer, and to receive and accept from any other source or acquire in any other manner, any property, real or personal, for library purposes, and use and apply the same for such purposes, and to enter into any contract relating thereto. (97 v. 334.) See § 52, transfer of funds. AN ACT. § 184a. [Trustees of township to lexy tax for library.] (Sec. 1.) That the trustees of each township shall have power to levy and collect a tax not exceeding one-half mill on each dollar of the taxable property of the township, annually, and to pay the same to a private corporation or association main- § 184a GUIDE FOR OHIO school officers. 194 taining and furnishing a free public library for the benefit of the inhabitants of the township as and for compensation for the use and maintenance of the same, and without change or interference in the organization of such corporation or asso- ciation, requiring the treasurer of such corporation or asso- ciation to make an annual financial report, setting forth all the money and property which has come into its hands during the preceding year, and its disposition of the same, together with any recommendation as to its future necessities. (98 v. 47.) Sec. 2. That the county auditor at each semi-annual col- lection of taxes, where a tax for library purposes has been levied by the township trustees, shall certify the amount col- lected from said levy for library purposes to the township clerk; and the township clerk shall forthwith draw his war- rant on the township treasurer, payable to the treasurer of the library association for the amount so certified by the auditor. (98 v. 47.) Sec. 3. That if at any time such library corporation or association ceases to exist or from any reason fails to provide a free public library as required by the provisions of this act, the books and other property accumulated from the proceeds of the levy herein authorized shall become the property of the township and be subject to the control of the trustees of the township. (98 v. 47.) 195 SCHOOLS AND ATTENDANCE ENFORCED. CHAPTEE 9. SCHOOLS AND ATTENDANCE ENFORCED. Section. §185 (4007) §186 (4007-1) § 187 (4007-2) § 188 (4007-3) §189 (4007-4) §190 (4007-5) §191 (4007-6) Sufficient elemen- tary schools must be provid- ed; number of weeks to be con- tinued; graded course of study required. Elementary school defined. High school de- fined. College defined. High schools clas- sified; first grade; second grade; third grade. Diploma to be given to gradu- ate of h i g n school; certificate as to grade of school; admis- sion without ex- amination to pro- fessional school; exception; who eligible to take examination for admission to bar or to enter pro- fessional school ; exception. Information as to character of high school to be fur- nished state com- missioner of common schools by clerk of board of e d u c a t i on; filed when ; cer- tificate as to grade of school ; withholding ap- proval of curri- culum ; penalty for failure to give information. Section. (4008) § 192 (4009) § 193 (4009-1) § 194 (4009-2) (4009-3) (4009-4) (4009-5) (4009-6) (4009-7) (4009-8) (4409-9) (4009-10 (4009-11 (4009-12 (4009-13 (4009-14 §195 4009-15) § 196 (4009-16 §197 (4010) required by this section. Repealed. Any board of ed- ucation may es- t a b 1 i s h high school ; discon- tinuance thereof. Township high schools ; manage- ment and control thereof; school houses, etc. ; ad- mission of pu- pils. Estimate of funds needed. Repealed. Repealed. Repealed. Repealed. Repealed. Repealed. Repealed. ) Repealed. ) Repealed. ) Repealed. ) Repealed. ) Repealed. Joint township high school ; un- ion of township and village or special districts for high school purposes; elec- tions; control of high school; funds for main- tenance of high school. ) Repeal of former laws relating to joint township and union high school and sub- stituting new law. Schools at chil- dren's homes, or- GUIDE FOR OHIO SCHOOL OFFICERS. 196 Section. §219 (4020-21) (4020-22) (4020-23) § 220 (4020-24) § 221 (4020-15) §222 §223 (4021) (4022) § 224 (4022a) §225 (4022-1) § 226 (4022-2) §227 (4022-3) §228 §229 (4022-4) (4022-5) Repealed, nepealed. Instruction as to effect 'of alcoholic drinks on the hu- man system, re- quired in public schools; provis- ions therefor. Instruct ion of teachers; exami- nation of teach- ers required; duty of commis- sioner of common schools. Penalty for fail- ure to give such instruction. German language taught, how. Pupils may be sent from one district to anoth- er. Attendance when pupils live over one and one-half miles from school ; payment of tuition, how computed. In what branches children must be taught; neces- sary time of at- tendance ; excuse ; appeal in case of refusal to ex- cuse; penalty for failure to place child in school as herein provid- ed. Employment of children under age of sixteen years; when un- lawful ; penalty. Attendance of mi- nors in certain cases ; employ- ment of such mi- nors; penalty. Juvenile disorder- ly persons. T r u a nt officers; powers and du- ties. § 233 (4022-9) 234 (4022-10) §235 (4022-11) Section. §230 (4022-6) Report of princi- pal and teachers. § 231 (4022-7) Proceedings in case of truancy ; penalties. §232(4022-8) Proceedings against juvenile disorderly per- sons. Relief to enable child to attend school required time. As to institution for deaf and dumb or institu- tion for the blind. Penalties; juris- diction; viola- tions by corpora- tions; disposition of fines collected; employment of attorney; com- pensation. Repeated viola- tions.- Sufficient school a c commodations to be provided. Costs in prosecu- tion under this act. Repealed. Repealed. Repealed. Free school books. Repealed. Repealed. Repealed. Examination for entering high school; number of examinations; when and where; preparation o f questions ; town- ship commence- ment; county com mencement ; diploma. Compensation of examiners and contingent ex- penses. Tuition. What shall consti- tute a high school. § 236 (4022-12) § 237 (4022-13) § 238 (4022-14) (4023) (4024) (4025) § 239 (4026) (4027) (4028) (4029) § 240 (4029-1) § 241 (4029-2) § 242 (4029-3) §243 (4029-4) 197 SCHOOLS AND ATTENDANCE ENFORCED. Section. §198 (4011) 199 (4012) 200 (4012a) §201 (4013) 202 (4014) 203 (4015) §204 (4015-1) §205 (4016) §206 (4017) § 206a (6975a) § 206& § 207 (4017a) phans' asylums and infirmaries; how sustained; to be under con- trol of trustees of institution. Youth may be sent to charity school at Zanes- ville. Evening schools. Attendance b y person more than twenty-one years old. Who may attend school free; cred- iting school tax on tuition of non- resident pupils ; assignment of pupils. Suspension and expulsion of pu- pils. Legal holidays school may l3e dismissed on. Arbor Daj^ School year, month and week. Control of schools vested in boards; appointees ; sala- ries; salaries of teachers; paid during epidemic; appointments of former teachers ; school director in city districts; ap- pointment ; pow- er; duties; sal- ary; removal; contract with employes ; resig- nations; dismis- sals. Unlawful to use influence, etc. Minimum salary ; state aid to weak school. S u p e rintendents and teachers in city districts; ap- pointment and term of oftice ; duties ; suyerin- tendent and teachers in other Section. § 208 (4018) §209 (4019) (4020) (4020-1) (4020-2) (4020-3) (4020-4) (4020-5) (4020-6) (4020-7) (4020-8) (4020-9) §210 (4020-10) §211 (4020-11) §212 (4020-12) § 213 (4020-13) § 214 (4020-14) §215 (4020-15) § 216 (4020-16) § 217 (4020-17) § 218 (40LJ-18) (4020-19) (4020-20) districts; ap- pointment and term of office; duties. Teachers, duties of; janitor work not required. Teachers dismiss- ed for insufficient may institute suit. Repealed. Superseded. Superseded. Superseded. Superseded. Superseded. Superseded. Superseded. Superseded. Superseded. Piling and preser- vation of copies and prices of school books. Maximum price; notification o f publisher. Notices to boards; legality depend- ent on compli- ance. Procedure upon violation of agreement b y publisher. Studies, etc.; shipment of books, etc. ; sale to pupils; pur- chase from pu- pils; free books. Purchase of Howe's Historical Collections o f Ohio for schools; payment. Care and preser- vation of books. Physical culture in schools; where. Manual training d e p a r t m e nts, commercial de- partments and kindergartens au- authorized. Repealed. Repealed. § 185 ■ GUIDE FOR OHIO SCHOOL OFFICERS. 198 § 185. [SuflEicient elementary schools must be provided.] Statute. Must be Thirty-two Weeks' What to be Considered in Lo- School, eating. (§ 4007.) Each board of education shall establish a sufficient number of elementarj^ schools to provide for the free education of the youth of school age within the district under its con- trol, at such places as will be most convenient for the attend- ance of the largest number of such youth, and shall continue each and every elementary day school so established not less than [twenty-eight] thirty- two nor more than forty weeks in each school year, and all the elementary schools within the same school district shall be continued the same length of time. And boards of education are required to prescribe a graded course of study for all schools under their control in the branches named in section 4007-1 (§ 186), of the Revised Statutes of Ohio, subject to the approval of the state commis- sioner of common schools. Each township board of education shall establish and maintain at least one elementary school in each sub-district under its control, unless transportation is furnished to the pupils thereof as provided by law. (97 v. 334.) What to be Considered in Locating. — In determining the question as to how many schools are necessary in the districts, either of townships, villages or cities, three things should be carefully considered : 1. Convenience of access. 2. Economy in expenditure. 3. A proper grading and classification of the pupils, in cases where grading is possible. Under the first item, a due regard should be had to the arrangement of the population. In some cases the geographical center of the district is not the center of population, nor will it always do utterly to disregard the rights of minorities, and place the school in the exact center of population, when this will force a respectable number of children to travel excessive distances. There is no reason why two or more school houses or two or more school rooms may not be provided in a sub-district. Must be Thirty-two Weeks' School. — The law is absolute in its requirements to continue all schools to which public money is applied at least thirty-two weeks. The law does not limit boards of education to this period, however, and if the time is lengthened as to the schools for any portion of the inhabitants of a township district, it must be equally length- ened for all such inhabitants. This does not imply that all the 199 SCHOOLS — DEFINED. §§ 186-188 grades of a system of schools accessible to all the pupils of a district must be kept up as long as the other grades. But if the high or grammar schools for one part of the district be kept up for a given time, such grades for other parts of the district must be continued as long. See section 3967 (§ 68). That this same rule is to govern in the case of different parts of a city district, see fourth item enumerated under section 3969 (§70). School regulation requiring the reading the Bible as an exercise in school is valid. (Nessle v. Hum, 1 N. P., 140.) See § 92, reading Bible in public schools. §186. [Elementary school defined.] (§4007-1.) An ele- mentary school is hereby defined as a school in which instruc- tion and training are given in spelling, reading, writing, arith- metic, English language, English grammar and composition, geography, history of the United States, including civil gov- ernment, physiology and hygiene ; but nothing herein contained shall be contrued as abridging the power of boards of edu- cation to cause instruction and training to be given in vocal music, drawing, elementary algebra, the elements of agricul- ture and other branches which they may deem advisable for the best interests of the schools under their charge. (97 v. 334.) § 187. [High school defined.] (§ 4007-2.) A high school is hereby defined as a school of higher grade than an elementary school, in which instruction and training are given in ap- proved courses in the history of the United States and other countries ; composition, rhetoric, English and American liter- ature ; algebra and geometry ; natural science, political or men- tal science, ancient or modern foreign languages, or both, com- mercial and industrial branches, or such of the above named oranches as the length of its curriculum may make possible, and such other branches of higher grade than those to be taught in the elementarj^ schools, and such advanced studies and advanced reviews of the common branches as the board of education may direct. (95 v. 115.) See §243 (§4029-4). § 188. [College defined.] (§ 4007-3.) A college is hereby defined as a school of a higher grade than a high school, in which instruction in the high school branches is carried be- §§189,190 GUIDE FOR OHIO SCHOOL OFFICERS. 200 yond the scope of the high school and other advanced studies are pursued, or a school in which special, technical or profes- sional studies are pursued, and which may, when legally organ- ized, have the right to confer degrees in agreement with the terms of the law regulating its practices or its charter; or in the want of legislative direction, in agreement with the prac- tices of the better institutions of learning of their respective kinds in the United States. (95 v. 115.) §189. [High schools classified.] (§4007-4.) The high schools of the state of Ohio shall be classified into schools of the first, second, and third grades; and all courses of study offered in such high school shall be in branches enumerated in section 4007-2 (§ 187), of the Revised Statutes of Ohio. [First grade.] A high school of the first grade shall be a school in which the courses offered shall cover a period of not less than four years, of not less than thirty-two weeks each, in which not less than sixteen courses shall be required for graduation ; [Second grade.] a high school of the second grade shall cover a period of not less than three years, of not less than thirty- two weeks each, in which not less than twelve courses of study shall be required for graduation ; [Third grade.] a high school of the third grade shall cover a period of not less than two years, of not less than twenty- eight weeks each, in which not less than eight courses of study shall be required for graduation, and all public schools of a less grade shall be denominated as elementary schools. A course of study shall consist of not less than four recitations a week continued throughout the school year. (95 v. 115.) § 190. [Diploma to be given to graduate of high school.] (§ 4007-5.) A diploma shall be granted by the board of edu- cation to any one completing the curriculum in any high school, which diploma shall state the grade of the high school issuing the said diploma as certified by the state commissioner of common schools, and shall be signed by the president and clerk of the board of education, the superintendent and the principal of the high school, if such there be, and shall bear the date of its issue. 201 GRADUATE HIGH SCHOOL. § 191 [Certificate as to grade of school.] A certificate shall also be issued to the holder of each diploma in which shall be stated the grade of the high school, the names and extent of the stud- ies pursued and the length of time given to each said study to be certified to in the same manner as set forth for a diploma. [Admission without examination to professional school.] And an}^ holder of a diploma from a high school of the first grade shall be entitled to a certificate of admission without examination to any college of law, medicine, dentistry, or phar- macy in the state of Ohio, when the holder thereof shall have completed such courses in science and language as shall be prescribed by the legally constituted authorities regulating the entrance requirements of said college ; except such privately endowed institutions which may require a higher standard for entrance examinations than herein provided. [Who eligible to take examination for admission to bar or to enter professional school.] And any holder of a diploma from any grade of high school or of a teacher's certificate from a county or city board of teachers' examiners, when such holder has pursued his studies under private tutorage or in an office, shall be eligible to take the examination for admission to the practice of law or to take the examination prescribed to enter a college of law, medicine, dentistry, or pharmacy ; except such privately endowed institutions which may require a higher standard for entrance examinations than herein provided. (95 V. 115.) § 191. [Information as to character of high school to be furnished state commissioner of common schools by clerk of board of education.] (§ 4007-6.) It shall be the duty of the clerk of the board of education of each district in which a high school is established and maintained to furnish to the state commissioner of common schools definite and accurate informa- tion concerning the length of time necessary for the completion of the high school curriculum or curriculums, the courses of instruction offered therein, and such other information as said commissioner may require in relation to the high school work of the district, and in the form and manner he may prescribe. [Filed, when.] Said information shall be filed not later than the first day of September, 1902, and as high schools are here- § 192 GUIDE FOR OHIO SCHOOL OFFICERS. 202 after established or any changes made in tho curriculums, such establishment or changes with full information must be imme- diately'' reported as above provided, and it shall be the duty of the said state commissioner of common schools, upon ex- amination of the information thus filed, or after personal inspection of work done if he shall deem the same advisable, or both, [Certificate as to grade of school.] to determine the grade of each such high school and to certify, under the seal of his office, to the clerk of the board of education his finding as to the grade of the high school maintained by such board of edu- cation. The said commissioner is also authorized to withhold his approval of any curriculum, when it shall appear to him that the same does not comply with the legal and reasonable requirements, and when it shall appear that any curriculum, which has already been approved, has been so modified as to change the grade of the high school, either by advancing or reducing the grade thereof, he shall certify his finding, and all diplomas issued thereafter shall bear the grade so designated by him. [Penalty for failure to give information required by this section.] And after the first day of February, 1903, no school then maintained shall be considered a high school that has not furnished the information and received the certificate as pro- vided above and shall not be entitled to the privileges and exceptions provided by law for high schools. (95 v. 117.) Sec. 4008. Repealed. § 192. [Any board of education may establish high school.] (§ 4009.) Any board of education may establish one or more high schools, whenever it deems the establishment of such school or schools proper or necessary for the convenience or progress of the pupils attending the same, or for the conduct and welfare of the educational interests of the district, [Discontinuance thereof.] and such school, or schools when so established, shall not be discontinued under three years from the time of the establishment thereof, except by a vote of three-fourths of all the members of the board of education of the district, and at a regular meeting. (95 v. 115.) 203 ESTABLISHMENT OF HIGH SCHOOL. § 192 Comments. — One of the most encouraging features of the development of our public school system is the rapid growth of the higher education, particularly in the township districts. The establishment of township high schools is going forward in increasing numbers with each succeeding year. The people seem to be growing into the conviction that the higher edu- cation is a necessity in a republic, and that the cheapest and best place for their children to obtain this education is at home under their own eye. This authority applies to all boards of education, including township boards. If such higher grade of school is in a sub- district, and exclusively for the use of such sub-district, it is, like primary schools so situated, under the provisions of section 4018 (§ 208). If it is designed for the attendance of children from all of the sub-districts, under a general rule that all of a certain grade of scholarship may attend it, without special assignment of individual pupils thereto, it is practically a township high school, and under the management of a town- ship board of education, though it is, of necessity, located within the territory of some sub-district. This is evident from the fact that the full control of the public schools of each district is, under section 4017 (§ 206), in the hands of the board of education of such district, except only as provided in section 4018 (§208). An order for the payment of a teacher of a township high school should be signed by the president and countersigned by the clerk of the board of education. See section 4047 (§ 267). Of course the superintendent of the schools of a township is entitled, under the direction of the township board, to exercise the same authority that is exercised by a superintend- ent of city schools. (Ohio School Law.) A township high school does not pass to a village incorpo- rated out of the territory including it by reason of a general saving clause in the act of 1873. Board of Education v. Bd. of Education, 41 0. S., 680.) Change of territory organizing a separate school district does not entitle the new district to seize on property within it that had been set apart by the township board for a higher school than a primary, although this would be within the letter of R. S.., section 3972 (§80), which relates to the sub- ject. Board of Education v. Board of Education, 46 0. S., 595.) This section fully authorizes boards of education to establish high schools without submitting the question to a vote of the electors of the district, unless it should be found necessary to levy a tax in excess of the maximum allowed by law and issue bonds; in which case an election is required. See section 3901 (§99). §§193,194 GUIDE FOR OHIO SCHOOL OFFICERS. 204 §193. [Township high schools; management and control thereof.] (§ 4009-1.) Whenever a township board of educa- tion establishes and maintains a high school or high schools within the district under its control, it shall have the manage- ment and control of such school or schools with full power in respect to such school or schools to employ and dismiss teach- ers, and to give certificates of such employment, and for serv- ices rendered, directed to the township clerk. [School houses, etc.] And the township board of education shall build, repair, add to and furnish the necessary school houses, purchase or lease sites therefor, or rent suitable rooms, and make all other necessary provisions relative to such schools as may be deemed proper. [Admission of pupils.] Said board of education shall have full power to regulate and control the admission of pupils from the elementary schools under its charge to such high school or high schools, according to age and attainments, and may admit adults over twenty-one years of age, and pupils from other districts on such terms and under such rules as it may adopt, and shall maintain such high school or high schools not less than twenty-eight nor more than forty weeks in any school year. (88 v. 484, § 1; 95 v. 117, § 4009-1.) §194. [Estimate of funds needed.] (§4009-2.) In town- ships where a high school or high schools are established, or may be established, by the township board of education, the board shall annually determine by estimate, as near as prac- ticable, the entire amount of money necessary to be expended in the township for school and school house purposes, includ- ing the sustaining of teachers in such high schools, the pro- longing of the terms 'of the several elementary schools of the township after the state funds shall have been exhausted, the erecting, repairing and furnishing of school houses, and any other school purposes not exceeding in any one year ten mills on the dollar of the taxable property of the township, which amount shall be certified in writing to the county auditor, as required by section 3960 (§63), of the Revised Statutes of Ohio. (88 V. 484, § 2; 95 v. 117, § 4009-2.) Sec. 4009-3. Repealed April 25, 1904. Sec. 4009-4. Repealed April 25, 1904. 205 TOWNSHIP HIGH SCHOOL. § 19b Sec. 4009-5. Repealed Apr: Sec. 4009-6. Repealed Apr Sec. 4009-7. Repealed Apr Sec. 4009-8. Repealed Apr Sec. 4009-9. Repealed Apr Sec. 4009-10. Repealed Apr Sec. 4009-11. Repealed Apr Sec. 4009-12. Repealed Apr Sec. 4009-13. Repealed Apr Sec. 4009-14. Repealed Apr 1 25, 1904. 1 25, 1904. 1 25, 1904. 1 25, 1904. 1 25, 1904. 1 25, 1904. 1 25, 1904. 1 25, 1904. 1 25, 1904. 1 25, 1904. § 195. [Township high school district, establishment of by boards of education.] (§4009-15.) The boards of education of two adjoining township school districts, or of a township district and of a village or special school district situated partially or wholly within the township, may, by a majority vote of the full membership of each of said boards, unite said districts for high school purposes. [Question of tax levy for such purpose must be submitted to vote.] And each board may submit the question of levying a tax on the property in their respective districts, for the purpose of purchasing a site and erecting a building, and may issue bonds, as is provided for in section thirty-nine hun- dred and [ninety-one,] sixty-one, thirty-nine hundred and [ninety- two,] sixty-two and thirty-nine hundred and [ninety- three] sixty-three (§ 64), of the Revised Statutes of Ohio, but said question of tax levy must carry in both districts before it shall become operative in either. [When vote not necessary.] If said boards of education have sufficient monej^ in the treasur}^ to purchase said site and erect said building, or if there is a suitable building in either dis- trict owned by the board of education that can be used for a high school building, it shall not be necessary to submit the proposition to a vote, and the boards are authorized to appro- priate money from their funds for this purpose. [Such high school shall be under control of board of edu- cation of district in which school house is located.] Any high school so established shall be under the management of the board of education of the district in which the school house is located, and shall be free to all youth of school age within both districts, subject to such rules and regulations as may be adopted by the board of education having control of the school in regard to the qualifications in scholarship requisite § 196 ^ GUIDE FOE OHIO SCHOOL OFFICERS. 206 for admission, such rules and regulations to be of uniform operation throughout both districts. [How funds provided.] The funds for the maintenance and support of such high school shall be provided by appropria- tions from the tuition or contingent funds, or both, of each district, in proportion to the total valuation of property in the respective districts, the same to be placed in a separate fund in the treasury of the board of education having control of the school and paid out by action of said board, but only for the purposes of maintaining said school. (97 v. 334.) § 196. [ Joint township high school districts, etc., heretofore created, abolished; how schools therein maintained and con- ducted.] (§ 4009-16.) Joint township high school districts heretofore established as provided for in section 4009-15 (§ 195) to 4009-20 inclusive, of the Revised Statutes of Ohio, as they existed prior to the passage of this act, are hereby abolished and the schools in said districts shall be hereafter conducted as provided in section 4009-15 (§ 195) of the Re- vised Statutes of Ohio, as contained herein. Boards of educa- tion of special districts for high school purposes, as provided in section 40096 of the Revised Statutes of Ohio, as it existed prior to the passage of this act, are hereby abolished and the high schools in said district shall hereafter be conducted and maintained as provided in section 4009-15 (§ 195) of the Re- vised Statutes of Ohio as herein contained. (97 v. 334.) Form of Assignment of Scholars to Central High School. The board of education of township, county, Ohio, met this day and assigned the following scholars to the high school: From sub-district No : A. B., C. D., Etc. From sub-district No : B. F., G. H., Etc. (The assignment from each sub-district being specified in like man- ner.) By order of the township board. Clerk. 207 SCHOOLS AT children's HOME. §§197,198 § 197. [Schools at children's homes, orphans' asylums and infirmaries; how sustained.] (§ 4010.) The board of any dis- trict in which a children's home or orphans' asylum is or may he established b}^ law, or in which a county infirmary is or may be established, shall, when requested by the board of trustees of such children's home, orphans' asylum or the directors of such infirmary, establish in such home or infirmary a separate school, so as to afford to the children therein, as far as practicable, the advantages and privileges of a common school education ; such schools at infirmaries shall be continued in operation each year until the full share of all the school funds of the districts belonging to such children, on the basis of enumeration, is expended, and at such homes and asylums not less than forty-four weeks, if the distributive share of school funds to which such school at any such home or asylum is entitled by the enumeration of children in the institution is not suificient to continue the schools the length of time hereby required, the deficiency shall be paid out of the funds of the institution ; all schools so established in any such home, asylum or infirmary, shall be under the control and management of the respective boards of trustees or directors of such institution, which boards of trustees or directors shall, in the control and management of such schools, as far as practicable, be subject to the same laws that boards of education and other school officers are, who have charge of the common schools of such district ; in the establishment of such schools the commissioners of the county, in which such children's home, orphans' asylum or county infirmary is established, shall provide the necessary school room or rooms, furniture, fuel, apparatus and books, the cost of which furniture, fuel, apparatus and books, for the schools of such homes, infirmaries and asylums, shall be paid out of the funds provided for such institutions; and the board of education shall incur no expense in supporting such schools. (75 V. 513, § 50; 76 v. 75, § 1; 80 v. 217.) § 198. [Youth may be sent to charity school at Zanesville.] (§ 4011.) The board of education of the city of Zanesville may contract with the trustees having the management of any fund which has been provided by gift, devise, or bequest for the es- tablishment or support of a school or schools for poor children therein, for the admission to any such school of children resi- §§ 199-201 GUIDE FOR OHIO SCHOOL OFFICERS. 208 dent in the city, and pay to such trustees out of the school funds under its control, such tuition fee as may be agreed upon for each scholar so admitted, but not entitled to admission according to the terms of such gift, devise or bequest, and also provide for such right of visitation or control of such school or schools by the board as may be agreed upon; such school or schools shall be kept at the least equal in grade and ef- ficiency to the corresponding public schools of the state, and every such contract shall expire in three years from the time of its execution, unless renewed or extended by agreement; but this section shall in no manner apply to any school or schools supported or controlled by any church, congregation, sect or religious denomination or association of any kind. (75 V, 530, § 1.) § 199. [Evening schools.] (§ 4012.) In any township, spe- cial, village, or city district, or part thereof, parents or guar- dians of youth of school age may petition the board of edu- cation to organize an evening school. The petition shall con- tain the names of not less than twenty-five youth of school age who will attend such school, and who for reasons satisfac- tory to the board are prevented from attending day school. Upon receiving such petition the board of education shall provide and furnish a suitable room for the evening school and employ a competent person who holds a regularly issued teacher's certificate, to teach it. Such board may discontinue any such evening school, when the average evening attendance for any month falls below twelve. (96 v. 116; 72 v. 29, § 51; S. & C, 1359.) § 200. [Attendance by persons more than twenty-one years old.] (§ 4012a.) Any person more than twenty-one years old- may be permitted to attend evening school upon such terms and upon payment of such tuition as the board of education may prescribe. (90 v. 117.) §201. [Who may be admitted to school free.] (§4013.) The schools of each district shall be free to all youth between six and twenty-one years of age, who are children, wards or apprentices of actual residents of the district, including chil- dren of proper age who are or may be inmates of a county or 209 WHO ADMITTED TO FREE SCHOOL. § 201 district children's home located in any such school district, at the discretion of the board of education of said school district ; provided that all youth of school age living apart from their parents or guardians and who work to support themselves by their own labor, shall be entitled to attend school free in the district in which the}'^ are employed. [Nonresident pupils.] Each board of education may admit other persons upon such terms or upon the payment of such tuition as it may prescribe ; [Crediting of school tax on tuition.] Provided, that when a youth between the age of six and twenty-one years or the parent of such youth owns property in a school district in which he does not reside and said youth attends the schools of said district, the amount of school tax paid on such prop- erty shall be credited on the tuition of said pupil. [Assignment of pupils.] Boards of education are author- ized to make such an assignment of the youth of their respec- tive districts to the school established by them as will in their opinion best promote the interests of education in their districts. (97 v. 334.) Pupils to Attend in Their Own Sub-district. — Children can not, as a matter of right, attend the schools of sub-districts in which they do not reside and to which they have not been assigned by the board of education. The local directors are given no jurisdiction in such matters. By comparing this section with section 4030 (§ 244), it will be seen they do not correspond in one particular. The latter says there shall be "an enumeration of all unmarried youth," while in this section there is no limitation to free admission into school, except as to age. It was doubtless intended by the General Assembly that the two sections should agree on this point. That they do not is owing, it may be presumed, to an inadvertence. Under this section persons under twenty-one years of age, though married, are entitled to all the privileges of the schools of the district in which they reside, notwithstanding they have not been enumerated in the school census, and in consequence can draw no part of the state school fund. Under the general law, sections 3898 (§25), 3916 (§33). etc., boards of education are elected by the qualified electors of their district. This section does not change this provision. Hence, though they may send their children to the school, they can not vote in any district except where their home is situated. § 202 GUIDE FOR OHIO SCHOOL OFFICERS. 210 No regulation can be made under this section that does not apply to all children irrespective of race or color. (Board of Education v. State, 45 0. S., 535.) Attending school in other districts if nearer; see sections 4022 (§ 223), 4022a (§ 224). The children inmates of the German Protestant Asylum of Cincinnati, are not "children, wards, or apprentices of actual residents" in the school district within which said asylum is located, and therefore, under the act of Feb. 21, 1849, are not entitled to gratuitous admission to the privileges of the public schools of said district. (The State v. Directors of School District No. 14, 10 0. S., 448.) That portion of the above section relating to children living apart from their parents or guardians, who svipport themselves by their own labor, does not apply where child moves into a district in which his parents do not live, with the express purpose of attending school, and incidentally works for his board and lodging. In such cases tuition can be charged. Residence of Pupil. — As a general rule a minor child is entitled to attend the public schools in which it has its actual residence, if its residence there is bona fide and not for the sole purpose of attending the school, and this would be true whether the minor child resided with its parents or some other person. State v. Thayer, 74 Wis., 48. However, if the minor was apprenticed to a person in a certain district for the sole "purpose of giving the minor the benefit of the school of that district, it is held that he can not attend such schools. School District No. 1 v. Bragdon, 23 N. H., 507. And if a farmer in order to entitle his child to attend the public schools of the city took a house in the city and moved in each fall or winter, and moved back on his farm in the spring, it is held that this is not such legal residence as would entitle a child to attend the city schools, Gardner v. Fargo, Board of Education, 5 Dak., 59; and the same rule would be applied where a child was sent to board with a person who resided within the school district. (People v. Board of Edu- cation, 26 111. App., 476.) § 202. [Suspension and expulsion of pupils.] (§ 4014.) No pupil shall be expended from school by a superintendent or teacher except for such time as may be necessary to convene the board of education, and no pupil shall be expelled except by a vote of two-thirds of such board, and not until the parent or guardian of the offending pupil has been notified of the pro- posed expulsion, and permitted to be heard against the same ; and no pupil shall be suspended cr expelled from any school beyond the current term thereof. (70 v. 195, § 71 ; 89 v. 96.) 211 SUSPENSION AND EXPULSION. § 202 • The father of a child entitled to the benefits of the public school of the sub-district of his residence may maintain an ac- tion against the teacher of the school and the directors of the sub-district for damages for wrongfully expelling the child from school. (Roe v. Deming, 21 0. S., 666.) Since the above decision was rendered the power to expel has been taken from the local directors and conferred upon the board of education. In many cases of incorrigibility, proceedings can be institut- ed against the offender as provided by section 4022-8 (§ 232), as a juvenile disorderly person (section 4022-4 [§ 228] ), instead of expulsion by the board, as it is to the interest of the public to keep the child in school. See § 92 as to rules board may make. Suspension, etc., Generally. — In the following instances the exercise of power has been sustained: Suspending pupil for refusing to disclose the name of offending pupil, Board v. Helston, 32 111. App., 300; for tardiness, Russell v. Linnfield, 116 Mass., 366 ; Bendick v. Babcock, 31 Iowa, 562 ; for failure to use text-books, Spiller v. Woburn, 12 Allen (Mass.), 127; McCormick v. Burt, 95 111., 266; Donahue v. Richards, 38 Me., 379; Kidder v. Chellis, 59 N. H., 473; Guernsey v. Pitkin, 32 Vt., 226; Sewell v. Board of Education, 29 Ohio St., 89; for absence, Ferriter v. Tyler, 48 Vt., 444; King v. Jefferson City School Board, 71 Mo.', 628 ; Churchill v. Fewkes, 13 Brad. (111.), 520; for misconduct, Stevens v. Fassett, 27 Me., 266; Larock v. Putnam, 111 Mass., 499; Hodgkins v. Rockport, 105 Mass., 476; State v. Williams, 27 Vt., 755; suspension of pupil by officer, Stevens v. Fassett, 27 Me., 266; Larock v. Putnam', 111 Mass., 499; Hodgkins v. Rockport, 105 Mass., 476; State V. Williams, 27 Vt., 755; suspension of pupil by teacher, where officer opposed the teacher, Scott v. School District, 46 Vt., 452 ; expelling for immorality, Sherman v. Inhabitants, 8 Cush. (Mass.), 163; corporal punishment for misconduct. State V. Pendergrass, 2 Dev. & Batt. (N. C), 365; Sheehan v. Sturgis, 53 Conn., 481; Dunnehoffer v. State, 69 Ind., 295; State V. Mizner, 45 Iowa, 248; Davis v. Boston, 133 Mass., 103; Patterson v. Nutter, 78 Me., 509; Deskins v. Gore, 85 Mo., 485 ; the teacher refusing to teach pupil has been held not liable for damages. Spear v. Cummings, 24 Pick. (Mass.), 224 ; suspending teacher for immorality was sustained, McClel- lan V. Board, 15 Mo. App., 362. In the following instances the exercise of authority has not been sustained : For barring out tardy pupil, Thompson v. Beaver, 63 111., 356; for suspending pupil for failure to use text-books required, Trustees v. People, 87 111., 303; Morrow v. Wood, 35 Wis., 59; Rulison v. Post, 79 111., 567; for suspending 5§ 203,204 GUIDE FOR OHIO SCHOOL OFFICERS. 212 for attending a party, Dritt v. Snodgrass, 66 Mo., 286 ; for reflecting on the director by newspaper article, Murphy v. Directors, 30 Iowa, 429 ; for suspending for not paying for broken window, Perkins v. Directors, 56 Iowa, 476 ; for sus- pending for using tobacco, the director being opposed to teacher, Parker v. School District, 5 Lea (Tenn.), 525; for manslaughter of slave, State v. Harris, 63 N. C, 7 ; corporal punishment, for failing to use text-book. State v. Mizner, 50 Iowa, 145 ; for not paying for broken window, State v. Van- derbuilt (Ind.), 18 N. E., 266; for misconduct. Com. v. Randall, 4 Gray (Mass.), 36; Boyd v. State, 88 Ala., 169; Cooper v. McJunkin, 4 Ind., 290; Hathaway v. Rice, 19 Vt., 102; for accidentally adding aloud, Anderson v. State, 3 Head (Tenn.), 455. §203. [Legal holidays; dismissal of schools on holidays.] (§ 4015.) Teachers employed in the public schools may dis- miss their schools, without forfeiture of pay, on the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the first Monday in Sep- tember, the twenty-fifth day of December, and on [any] the day set apart by the proclamation of the president of the United States or [the] governor of this state as a day of fast, thanksgiving or mourning. (97 v. 334.) §204. [Arbor day.] (§4015-1.) That the governor of said state shall, not later than April appoint and set apart one day in the spring season of each year, as a day on which those in charge of the public schools and institutions of learn- ing under state control, or state patronage, shall, for at least two hours, give information to the pupils and students con- cerning the value and interest of forestry, and the duty of the public to protect the birds thereof, and also for planting forest trees. Said day shall be known as Arbor day. (95 v. 38.) The state school commissioner must get out annually as soon as possible after the governor has set aside a day for Arbor day a manual of exercises for that day. (Sec. 14, Act of 1894. "97 V. 471 (69605). Hiring teachers by the day does not affect their rights under this section. It is held in Michigan that '' school management should al- ways conform to those descent usages which recognize the pro- 213 SCHOOL YEAR, ETC. § 205 priety of omitting to hold exercises on recognized holidays. All contracts for teaching during periods mentioned must be construed of necessity as subject to such days, and there can be no penalty laid upon such observances, in the way of forfeitures or deduction of wages." (39 Mich. 484.) For other holidays, see sections 4046-1, 4046-2, R. S. Boards of education can not compel teachers to make up for time lost on the above-mentioned days. See §312 (§4091), as to attending teachers' institute.' Entitled to Pay if School Closed by Reason of Epidemic, ETC. — The general rule, with which the decisions in McKay V. Barnett, 50 L. R. A., 371, is in harmony, is that no deduction can be made from a teacher's salary where a school is closed during the term on account of epidemics, destruction of build- ing or holidays, unless special provision is made in the contract which will allow such deduction to be made. Libby v. Doug- lass, 175 Mass., 128, 55 N. E., 808; School Town v. Grav, 10 Ind. App., 50 L. R. A., 428, 37 N. E., 1059; Randolph v. Sanders, 22 Tex. Civ. App., 331, 54 N. W., 621; Dewey v. Union School District, 43 Mich., 480, 5 N. W., 646 ; Mason v. School District No. 14, 20 Vt., 487 ; School Directors v. Crews, 23 111. App., 367; Charleston School Township v. Hay, 74 Ind., 127; Corn v. Board of Education, 39 111. App., 446; Smith V. School District No. 2, 69 Mich., 589, 37 N. W., 567; Cashen V. School District No. 12, 50 Vt., 30; Bromley v. School District No. 5, 47 Vt., 381 ; Holloway v. School District No. 9, 62 Mich., 153, 28 N. W., 764; School District No. 4 v. Gage, 39 Mich., 484, 33 Am. Rep., 421. §205. [School year, month and week.] (§4016.) The school year shall begin on the first day of September of each year, and close on the thirty-first day of August of the suc- ceeding year; and a school Aveek shall consist of five days, and a school month of four school weeks. (70 v. 215, § 70; 72 V. 181, § 6.) Making Up Lost Time On Saturdays and Holidays. — Teachers have no right, without express authority of the board of education to make up lost time by teaching on Saturday or on a holiday. The custom is so well established of keeping the school in session the five working days of each week exclusive of Saturday, and of dismissing on the holidays named, that to change this custom would manifestly require action by the board. As the law does not prescribe the days of the we.ek to be taught, the board may, under section 3985 (§ 92), authorize the intermission of school on Monday or any § 206 GUIDE FOR OHIO SCHOOL OFFICERS. 214 other day most convenient to the inhabitants. In a few dis- tricts in Ohio, there is no session on Monday. § 206. [Control of school vested in boards; appointees; sala- ries.] (§ 4017.) Each board of education shall have the man- agement and control of all the public schools of whatever name or character in the district, with full power to appoint a superintendent of the public schools, truant officers, and janitors and fix their salaries; and, if deemed essential for the best interests of the schools of the district, the board may, under proper rules and regulations, appoint a superintendent of buildings, and such other employes as the board may deem necessary, and fix their salaries ; and each board shall fix the salaries of all teachers, which salaries may be increased, but shall not be diminished during the term for which the appointment is made, and teachers shall be paid for all time lost when the schools in which they are employed are closed owing to an epidemic or other public calamity. [Terms.] But no person shall be appointed as a teacher for a term longer than four school years, nor for a less term than one year except to fill an unexpired term, the term to begin within four months of the date of the appointment, provided that in making appointments teachers in the actual employ of the board shall be first considered before new teachers are chosen in their stead. [In city district may appoint a director of schools; his powers, duties, compensation, etc.] A board of education in a city district may, at its discretion, elect a director of schools, who shall serve as such for the term of two years, unless earlier removed as hereinafter provided, and any vacancy in this office shall be filled for the unexpired term of such director of schools. As director of schools, he shall execute for the board of education, in the name of the school district, its contracts and obligations, except that bonds issued shall be signed by the president of the board, and attested by the clerk. He shall see that all contracts made by or with said board shall be fully and faithfully performed. Except teachers, assistant teachers, supervisors, principals, superintendent of instruction, clerk of the board of education, he shall have the appoint- ment subject to the approval and confirmation of the board of all employes, and may discharge the same. He shall have 215 DIRECTOR OF SCHOOLS. § 206 the care and custody of all property of the school district, real and personal, except moneys. He shall oversee the construc- tion of buildings, in the process of erection, and the repairs of the same. He shall advertise for bids and purchase all supplies and equipments authorized by the board. He shall report to the board monthly, and oftener if required, as to all matters under his supervision, and report to the board a statement of its accounts, exhibiting the revenues, receipts, disbursements, assets and liabilities of the board, the sources from which the revenues and funds are derived, and in what manner the same have been disbursed. He shall keep accurate account of taxes levied for school purposes, and all moneys due to, received and disbursed by the board ; also, of all assets and liabilities and all apropriations made by the board, and shall receive and preserve all vouchers for payments and dis- bursements made to or by the board. He shall issue all war- rants for the payment of money from the school fund, but no warrant shall be issued for the payment of any claim until such has been approved by the board, and the pay roll for teachers, assistant teachers and supervisors shall be coun- tersigned by the superintendent of instruction. He shall attend all meetings of the board, and perform all of its execu- tive functions not hereinbefore excepted in defining the duties of the director of schools. He shall devote such portion of his time to the duties of his office as may be required by the board of education at or before his election, and shall give a bond for the faithful discharge of his duties as director of schools, in such sum as the board may determine ; his sureties to be approved by the board, which bond shall be deposited with the president of the board within ten days after his appointment. He shall receive such compensation, not exceed- ing $5,000 per annum, as may be fixed by the board before his election, which compensation shall not be changed during his term of office. [May suspend or remove director.] The board of education may, at any time, by a two-thirds vote for cause, suspend or remove the director of schools, but such suspension or removal shall not be made unless the charges are preferred in writing, and an opportunity afforded to bring all offered pertinent § 206 GUIDE FOR OHIO SCHOOL OFFICERS. 216 testimony in as a defense, whieli testimony shall be received and considered by the board and made a part of the records. [Appointees; clerk's duty to notify.] Upon the appointment of any j^erson to any position under the control of the board of education, it shall be the duty of the clerk promptly to notify such person verbally or in writing of the appointment and the conditions thereof and request and secure from such person within a reasonable time to be determined by the board, his acceptance or rejection of the appointment thus made, and an acceptance of such appointment within the time thus de- determined shall constitute a contract binding both parties thereto until such time as it may be dissolved, shall expire, or the appointee be dismissed for cause. [Resignations.] All resignations or requests for release from contract by teachers, superintendents, or employes, shall be promptly considered by the board, but no resignation or re- lease shall become effective except by the consent of the board. [Dismissals.] Each board may dismiss any appointee or teacher for inefficiency, neglect of duty, immorality, or im- proper conduct; but no teacher shall be dismissed by any board unless the charges are first reduced to writing and an opportunity be given for defense before the board, or a com- mittee thereof, and a majority of the full membership of the board vote upon roll call in favor of such dismissal. (97 v. 334.) Board to Enforce Necessary Miscellaneous Matters Relat- Rules. ing to Contract. Employment of Teacher. Attachment of Teacher's Notice to Teacher of His Elec- Wages. tion. Suspension of Director. Must be Qualified to Teach, Director of Schools in City. etc. Charge for Eemoval of Teach- Form of Teachers' Contract. er. Miscellaneous Matters Relat- ing to Compensation. Board To Enforce Necessary Rules. — Boards of educa- tion are authorized to adopt and enforce necessary rules and regulations for the government of schools under their manage- ment and control. See 92 v. 202, as to reasonable rules. 217 EMPLOYMENT OP TEACHER. § 206 Where instruction in rhetoric was given in any grade or de- partment of such schools, and one of the rules adopted by the board for the government of the pupils therein provided that if an}^ pupil should fail to be prepared with rhetorical exercise at the time appointed therefor, he or she should, unless excused on account of sickness or other reasonable cause, be immediate- ly suspended from such department. Held that the rule was reasonable. Where the teacher of such department, with the consent of the board, for a failure to comply with the rule, or to offer any excuse therefor, suspended a pupil, until he should comply with the rule or offer a reasonable excuse for his non- compliance, neither the board of education nor the teacher is liable for damages therefor. (Sewell v. Board of Education, 29 0. S., 89.) Employment of Teacher. — Perhaps the most important duty the board of education has to perform is the selection and election of teachers. All names should be submitted to the committe on teachers with whatever recommendations may be desired to be submitted. This committee should make a careful examination of the merits of the applicants. They should have proof that the applicants are qualified and have certificates. This committee should make a report. Upon the vote of teachers, the roll must be called, and an aye and nay vote taken, and a majority of all the members of the board will be necessary to elect, section 89 (§3982 R. S.). At the same time the length of time should be determined and the salary fixed. All these proceedings must be made a matter of record. See § 86 (§ 3978), as to special meetings. After the teacher has been elected, the clerk must notify him, either verbally or in writing. It is advisable to do this in writing, and ma}^ be in the following form: Notice to Teacher of His Election, etc. To .• Sir: — You are hereby notified that at a meeting of the board of education of school district, held on , 190.., you were duly elected to teach the school for the period of months, commencing on , at a salary of $ per month. You will please notify me of your acceptance of the same by calling at my office within days from this date and entering into a written contract for the same. (Date.) Clerk of the Board of Education of School District. The teacher must have a certificate to teach the required branches, section 4074 (§ 295), must be qualified to teach, and legalh^ elected. § 206 GUIDE FOR OHIO SCHOOL, OFFICERS. 218 It will be observed that the teacher is to be employed for not less than one year nor more than four years, unless for an unexpired term. This provision is mandatory, and is in- tended to prevent the practice so frequently indulged in by boards of education, of changing teachers during a school year. There is no question but what the efficiency of our public schools will be greatly enhanced by the enforcement of this provision. (Att'y Genl's opinion, 1904.) Any other con- tract is invalid, but the teacher might collect for services per- formed under said contract. (Att'y Genl's opinion, 1904.) Also the applications of old teachers are to be considered first. This does not prevent the board from exercising its discretion in selecting teachers. The salary of the teacher likewise can not be diminished. If the teacher has no certifiicate the clerk can not issue an order for the payment of his salary. Sec. 4051 (§ 271). The teacher must be elected in the manner the law provides, and comply Avith all proper rules in reference thereto or he may be in danger of not being able to collect his salary. No teacher can be employed except at a meeting of the board of education, and by a majority of the board. If the meeting is a special one, each member must have been notified of the time and place of holding it. If a teacher goes from member to member of the board, and gets their individual assent to his employment, on certain terms, in their district, this will not constitute a legal contract. The assent of both parties must be given to a contract to make it binding. A resolution passed by a board of education, engaging the services of a person in any capacity, may be with- drawn at any time before the person accepts. (40 Mich., 84.) Even if time be given for the answer, and no consideration for this delay be paid, the proposal may be withdrawn at any time before acceptance. A letter mailed or a telegram sent determines the time acceptance is completed and the contract sealed. (Pollock on Contracts, 8.) The passage of a resolution to employ a certain teacher, notice sent to him, and the party accepting and entering upon his duties, constitutes a valid contract between the school board and the teacher. (12 C. C, 249.) Illegal provisions in a contract to employ a teacher, which are separate from the legal part and are not performed, do not invalidate his right to recover his salary, as where he was employed at a certain salary, with a provision that if he could not do the work alone he should have power to employ assist- ance at his own expense, but he performed the service without an assistant. (29 0. S., 161.) 219 teacher's contract. § 206 Form of Teacher's Contract. An agreement entered into between , of , county, Ohio, and the board of education of school district in county, Ohio; the said hereby agrees to teach in the public schools of said district for a term of months, and also agrees to abide by and maintain the rules and regulations adopted by said board for the government of said schools of said school district. And in consideration of such services, the said board of education agrees to pay the said the sum of dollars, payable monthly at the office of the treasurer of the board of education. Entered into this day of , 19. . , Teacher. , President. , Clerk. Any special provisions may easily be inserted. Miscellaneous ]\Iatters Eelating to Teacher's Compensa- tion. — If a teacher is engaged for a specific term and discharged without cause, he can recover, and the measure of damages is ordinarily the amount of stipulated wages, but this may be reduced by proof of ability to earn from other sources (Sch. Dist. V. Hale, 15 Col., 367). If a teacher was dismissed for cause and retained forcible possession of the school house and continued to teach, he could not recover anything after the date of his dismissal (Pierce v. Beck, 61 Ga., 413). It is ordi- narily no defense to an action for a teacher's wages under a contract, that there is no money on hand (Harrison v. McGreg- or, 96 Inch, 185). If the treasurer has money belonging to the district and refuses to pay it over on a proper order, he is personally liable (Edson v. Hayden, 18 Wis., 627). If a teacher leaves, on being notified that he did not give satisfaction, he can not recover for the remainder of the term, for his leaving would be construed as a voluntary act on his part (Frazier v. Sch. Dist., 24 Mo. App., 250). The wrongful exclusion of a pupil from the school by a teacher under the direction of the board does not defeat his right to wages (State v. Blain, 36 Ohio St., 429). As a matter of course teachers can not draw pay from public funds unless the school taught was a public school (Ussery v. Laredo, 65 Tex., 406). Miscellaneous Matters Relating to Contract. — Teachers can not be employed for a longer period than allowed bv law (Golden v. N. 0. Sch. D., 34 La. Ann., 354; Sch. Dirs. v. Hart, 4 111.- App., 224) ; and unless permitted by statute, no teacher can be employed beyond the expiration of the term of the board of education (Taylor v. Sch. C, 5 Jones (N. C.) L., 98; Stevenson v. Sch. Dirs., 87 111., 255) ; and contract made by members of the board when the board is not in session and afterwards approved at a special session of the board, is valid (Town of Milford v. Powner, 126 Ind., 528). It seems that a contract can not be annulled by the subsequent action of the § 206 GUIDE FOR OHIO SCHOOL OFFICERS. 220 school board in abolishing the department in which the teacher was engaged to teach (Sch. T. Milford v. Zeigler (Ind.), 27 N. E., 303). If the board is exercising the functions of the board of education for the district, although not properly in office, they will be considered officers de facto, and the contract made with the teacher is binding (Sch. T. Milford v. Ziegler (Ind.), 27 N. E., 303) ; and such contract could not be set aside by a subsequently elected board, unless it was shown that the teacher was a part}^ to the fraud in an effort to forestall such subsequent board (Sch. T. Milford v. Zeigler (Ind.), 27 N. E., 303; O'Neil v. Battie (Sup.), 15 N. Y. S., 818). Where not waived, a teacher's contract can not be fulfilled by procuring a substitute, however competent (Sch. Dirs. v. Hudson, 88 111., 563). In all cases the statutory requirements must be com- plied with (Cascade v. Lewis, 43 Pa. St., 813). It has been held that where the president of the board is authorized to employ teachers with the consent of the board and he employs one by written contract, who begins to teach with the knowl- edge of each member, the consent of the other members will be presumed (Hull v. Ind. Dist. (Iowa), 46 N. W., 1053; 48 N. "W., 82). However, where the statute fixes a mode and manner in which a teacher is to be selected, a contract other- wise made by individual members of the board will not be binding, and even ratification will not make it valid (Pa. L. Rod Co. V. Cass Bd. Ed., 20 W. Va., 360). If the teacher is unfit or incompetent to teach, the board can not waive this fact; the teacher should be discharged (Sch. Dist v. Maury, 53 Ark., 471). If the resolution is properly passed it is imma- terial when the contract is signed (Sch. T. Milford v. Zeigler (Ind.), 27 N. E., 303). However, if the statute required the contract to be in writing, and the teacher performed the serv- ices, he would be entitled to compensation (Jones v. Sch. Dist., 8 Kan., 362). A contract reserving the right to discharge the teacher at any time he fails to give satisfaction is valid (Sch. Dist. V. Colvin, 10 Kan., 283). Unless the statute prevents the board from employing a person related to them, the employ- ment of such person would not be iiecessarilv fraudulent (Dolan V. Jt. Sch. Dist. (Wis.), 49 N. W., 960). If the teacher is prevented from discharging his duties by no fault of his, he can recover his wages (Cashen v. Sch. Dist., 50 Vt., 30). See note under 4015-1 (§ 204). If the teacher is allowed to con- tinue after he has been dismissed by consent of the board, it is a waiver of such dismissal, and he could recover (Finch v. Cleveland, 10 Barb. (N. Y.), 290). Attachment or Garnishment of Teacher's Salary. — As a general rule, it may be stated that in the absence of statutory provision on the ground of public policy, the accrued salary of the public official can not be subjected to the claims of his 221 ATTACHMENT OF TEACHER 's SALARY. § 206 creditors by garnishment or attachment. The reasons nsnally given for this general rule is that is might cripple the public services ; that it might drive the official out of office ; that it might prevent him from earning a living, and the public in- terest and public convenience would suffer. If the statute provides that the attachment will lie for money in the hands of any "person, body politic, or corporate," it is held that by reason of such statutory provision the attachment will lie. (City of Newark v. Funk & Bro., 15 0. S., 462.) This case was an attachment of the salary of a city marshal. "While it is generally considered that a school teacher is not what might be properly termed a public officer, yet his em- ployment is of a public character, and some cases treat him as a public official and others do not. In Michigan, under a statute providing that no person shall be attached and garnished by reason of any money in his hands as a public officer, for which he is accountable merely as such officer to the principal defendant, that the salary due from a school district could not be garnished. (School Dist. No. 4 v. Gage, 39 Mich., 484.) In Kentucky it was held that the compensation of a common school teacher could not be attached principally upon the ground that the commonwealth has undertaken to establish and carry on at public expense a system of common schools and can not permit the wages of teachers of such schools to be intercepted and thereby be deprived of their services and affecting the efficiency of the public school system. (Allen v. Kussel, 78 Ky., 105.) In a case in Connecticut, however, it was held that the sal- ary of the school teacher could be attached. (Seymour v. Over River School District, 53 Conn., 502.) In this case the court said: "A teacher is not an officer in the ordinary sense- of the word ; he is not usually elected or appointed, but is em- ployed. He has duties to perform incident to his employment, but they are not official duties, and he is not under oath. We see no good reason why his salary should not be liable for his debts in the same way as the compensation of others employed by the district." The Supreme Court of Ohio has never passed on this ques- tion to my knowledge. In Swan's Treatise it is said a claim of defendant on public moneys in the hands of a fiscal officer, such as treasurer of the county, is not, probably, subject to attachment, but this seems to be contrary to the case above cited in 15 0. S., 462. Judge Bigger, judge of the Court of Common Pleas of Frank- lin County (39 BuL, 140), held that an attachment would lie, resting his opinion principally upon the decision of our Su- preme Court in the 15 0. S. Of course, even conceding that § 206 GUIDE FOR OHIO SCHOOL OFFICERS. 222 attachment would lie, it must be first shown that the teacher is not entitled to hold the same exempt from execution, for the claim is for personal earnings, and unless it exceeds $150 or runs back for more than three months, if the teacher is a married man it can not be attached. Notwithstanding the opinion of Judge Bigger, whether or not a teacher's salary can be garnished while it is still in the hands of the treasurer is a question of very great doubt in the mind of the author. Under the decision of the Supreme Court above referred to, the statute was so broad that the court could not escape from the conclusion at which it arrived. Since that time the various sections of the Revised Statutes, 5530, referring to cases in the court of common pleas, and 6498, referring to proceedings before the justice of the peace, have been enacted, and these sections both provide that "if any person, partnership or corporation" has property of the de- fendant in his possession, a garnishment may be had. If these statutes stood alone, the court might hold that the word corpo- ration would be broad enough to include a public corporation, but in other sections, to wit, 5534 and 6499, it is provided how such partnership or corporation shall be served, and there is nothing in these sections indicating that a public corporation is included. And in consonance with the general rule that the ordinary statutes relating to garnishment are not to be con- strued so as to give such right against governmental officers in the absence of express language giving such right, the author is of the opinion, although not free from doubt, that the salary of the teacher in the hands of the treasurer can not be gar- nished. Suspension of Director. — The board may, by a two-thirds vote for cause, suspend o r remove a director, but he shall not be suspended or removed until charges are preferred in writing and an opportunity is given to be heard, etc. The statute does not define what may be sufficient cause. But any conduct on the part of the director that interferes with the welfare of the school is sufficient. On this mat- ter the board exercises its discretion. All the statute requires is that the director shall be fully apprised of the charges and an opportunity given to defend himself. If the board grossly abused its discretion, the courts might interfere ; otherwise, not. Whether the board shall hear oral testimony or not is questionable. From the fact that the testimony is to be made a part of the records it is probably intended that the evidence of witnesses should be made in the form of affidavits. This view is strengthened from the fact that no authority is given to administer oaths to witnesses. The charge may be in the following form: 223 SUSPENSION OF DIRECTOR. § 206a Charge for Removal of Director of School District. To the Board of Education of School District: The undersigned, a resident of scliool district, makes the following charge against , dii'ector of said district: and asks your honorable board to take such action thereon as to you may seem just and right, as provided by section 4017 of the Revised Statutes of Ohio. In order that the records may fully disclose that a two-thirds vote was cast in the affirmative, it would be well to call the roll and have an aye and nay vote. If the charges are sus- tained, it would be well to notify the director of the result. As to the appointment of his successor, see section 36 (§ 3921a). Director of Schools in City. — The above section provides for a new officer in school matters. He is the executive officer of the board. His duties are specifically laid out by the stat- ute. He ought to be elected by a roll call and an aye and nay vote. He has the supervision of all buildings, except those men- tioned in the statute. He selects all employes, subject to the approval of the board, and it seems he has sole power of dismissal. § 206a. [Unlawful to use influence, etc., or vote for son or daughter or brother or sister for teacher.] (§ 6975a.) It shall be unlawful for any person to offer or give, directly or in- directly, any reward or consideration, or make any present or reduction in price to any person employed in any of the public schools of this state, or to any officer having any authority or control over the same for favoring, recommending or advocat- ing the introduction, adoption or use, in the school in which such person is employed, or over which such officer has any authority or control, of any text-book, map, chart, globe, or other school supplies, or to induce him so to do ; and it shall be unlawful for any such employee or officer, to accept or to offer or agree to receive or accept any reward, consideration, present, gift, or reduction in price for so doing; and it shall also be unlawful for any local director or member of a board of education to vote for, or participate in the making of any contract with any person as a teacher or instructor in any of the public schools of this state to whom he is related as father or brother, or to act in any manner in which he is pecuniarily interested, or to receive, or offer to accept or receive any § 206b GUIDE FOR OHIO SCPIOOL OFFICERS. 224 reward or gain for any official act. Any person violating any of the foregoing provisions shall, upon conviction, be fined not less than twentj^-five dollars, and not more than five hundred dollars, or be imprisoned not more than six months, or both. (86 V. 207.) A member of a board of education or of a board of sub- directors can not legally vote for any person related, either by blood or marriage, in the degrees mentioned in section 6975a. Boards of education are given power to appoint teachers, and in the absence of gross abuse of discretion in the exercise of this power an injunction will not lie. (13 C. C, 207.) This section, as enacted March 31, 1892, repealed by impli- cation the same section as enacted March 15, 1892. (1 N. P., 286.) (Pierce v. Bd. of Education of School District No. 14.) The restriction that no contract is valid unless money is in treasury and set apart, does not apply to contracts authorized by the provisions of law to be made for employing teachers and other school employes; see section 28346, under 3971 (§82). § 2066. [Minimum salary to teacher; state aid to weak dis- tricts.] Sec. 1. That no person shall be employed to teach in any public school in Ohio for less than forty dollars a month ; and that, when any school district in Ohio has not sufficient money to pay its teachers forty dollars per month for eight months of the year, after the board of education of said dis- trict has made the maximum school levy authorized by law, three-fourths of which shall be for the tuition fund, then said school district is hereby authorized to receive from the state treasury sufficient money to make up this deficiency. Any board of education having such a deficit shall make affidavits to the county auditor, who shall send a certified statement of the facts to the state auditor. The state auditor shall issue a voucher on the state treasurer in favor of the treasurer of said school district for the full amount of the deficit in the tuition fund. Sec. 2. No district shall be entitled to state aid as provided in section 1 of this act, unless the number of persons of school age in said district shall be at least twenty times the number of teachers employed in said district. (98 v. 200.) While no appropriation was made for state assistance, the remaining features of the law are in force just the same and 225 TEACHERS — CITY DISTRICT. § 207 boards of education are required to pay the minimum salary of forty dollars a month for eight months, provided the levy of twelve mills, three-fourths of which shall be placed in the tuition fund, will be sufficient for this purpose. Where the levy is not sufficient for this purpose, the schools should be continued for eight months at the highest salary the amount received from the levy will permit. §207. [Superintendents and teachers in city districts; ap- pointment and term of office; duties.] (§ 4017a.) The board of education in each cit}^ school district shall appoint a suitable person to act as superintendent of the public schools of the district, for a term not longer than five school years, the term to begin within four months of such appointment. Provided, that the present board of education shall not employ a super- intendent for a term to exceed [extend] beyond the school year ending August 31, 1905. Said superintendent shall, upon his acceptance of the appointment, become thereby empowered to appoint, subject to the approval and confirmation of the board, all the teachers, and he may for cause suspend any person thus appointed until the board or a committee of the board may consider such suspension, but no one shall be dismissed by the board except as provided in section 4017 (§206), of the Revised Statutes of Ohio; provided that any city board of education may, upon a three-fourths' vote of its full membership, re-employ any teacher whom the super- intendent refuses to appoint. Said superintendent shall visit the schools under his charge, direct and assist teachers in the performance of their duties, classify and control the promo- tion of pupils, and perform such other duties as the board may determine. He shall report to the board of education an- nually, and oftener if required, as to all matters under his supervision, and may be required by the board to attend any and all of its meetings and may take part in its deliberations, but shall not vote. [Superintendent and teachers in other districts; appointment and term of office; duties.] The board of education of each village, township and special school district may appoint a suitable person to act as superintendent, and to employ the teachers of the public schools of the district, for a term not longer than three school years, the term to begin within four § 208 GUIDE FOR OHIO SCHOOL OFFICERS. 226 months of the date of the appointment; but nothing herein shall be construed as preventing two or more districts uniting and appointing the same person as superintendent. Provided, that the present board of education shall not employ a super- intendent or teacher for a term to extend beyond the school year ending August 31, 1905. The superintendent shall, upon his acceptance of the appointment, become thereby empowered to visit the schools under his charge, direct and assist teachers in the performance of their duties, classify and control the promotion of pupils, and perform such other duties as the board may determine. He shall report to the board of edu- cation annually, and oftener if required, as to all matters under his supervision, and may be required by the board to attend any and all of its meetings, and may take part in its delibera- tions, but shall not vote ; provided, however, that any board may permit or require the superintendent to devote a portion of his time to teaching, subject to the rules and regulations of said board. (97 v. 362.) §208. [Teachers, duties of; janitor work not required.] (§ 4018.) All teachers shall exercise reasonable care in regard to all school property, apparatus, and supplies intrusted to their keeping. They shall strive to guard the health and physical welfare of the pupils in their schools, give efficient instruction in the studies pursued, and endeavor to maintain and preserve good discipline over all the pupils under their charge. Provided, however, that no teacher shall be required by any board to do the janitor work of any school room or building, except as mutually agreed by special contract, and :^or compensation in addition to that received by him for his services as teacher. (97 v. 363.) If there is no special contract to do janitor work, and the teacher is required to perform the same in properly teaching school he can recover the value of the same from the Board of Education. Reid v. Board of Ed., 16 Dec. 414 ( ). School teacher — rights and liabilities in relation to pupil. 1. Relation of Teacher and (c) When Being Illegal Pupil. as Being Excessive. 2. Power to inflict corporal (d) What will Constitute Punishment. Excessive Punishment, (a) How Exercised. (e) Not Affected Because (6) What Teacher Should the Pupil is of Age. Take Into Considera- (/) Can Punish Even if tion. Forbidden by the Pa- rent. 227 TEACHER— RIGHT AND LIABILITIES TO PUPIL. § 208 3. Jurisdiction. Excused by the Pa- (a) Extent of as to Time rent. and place. 4. Power of Expulsion. (6) Teacher Can Not 5. Liability for Failure to In- Punish Child for Re- struct, fusing to Study, When 6. What are Reasonable Rules. The number of decisions upon the rights and liabilities of a teacher in relation to his pupil are not as numerous as the great number of persons interested and affected would warrant one in believing. For almost every one in the civilized world has at one time in his life been either a teacher or a pupil. These controversies, relating as they do to the control, man- agement and correction of pupils are apt to have their origin in wounded parental feeling and are frequently prosecuted with much bitterness. "It is a cause of congratulation," says Judge Lvon, "that so few of these controversies appear in the courts." (State v. Burton, S. C. Wis., 1879.) 1. Relation of Teacher and Pupil. — The earlier authorities, as well as some of the modern ones, seem to place the authority of the teacher over the pupil while exists upon the same foot- ing as that of a parent over his child. fBrac. Abtr., tit. Assault and Battery, c: 1 Bish. Crim. Law, § 771.) But this seems to be too broad, and even as far back as Blackstone we are taught "that the teacher has such portion of the power of the parent committed to his charge, viz. : that of restraint and correction, as may be necessarv to answer the purposes for which he was emnloyed." (1 Black. Com.. 453.) Chittv adds in a note. "This power must be temperately exercised, and no schoolmaster should feel himself at liberty to administer chastisement eo-extensivelv with a parent, how- ever the infant might have a-npeared to have deserved it." In Lander v. Seaver (32 V.t.. 114). the court says: "The parent, unquestionably, is answerable only for malice or wicked motives, or an evil heart in r)unishing his child. This great and, to some extent, irresponsible power of control and correction is invested in the parent by nature und necessity. It springs from the relation of parent and child. It is felt rather as a duty than as a power. This parental power is little liable to be abused, fir it is continually restrained by natural affection, the tenderness which the parent feels for his off- spring, an affection ever on the alert, and acting rather bv instinct than by reasoning. The schoolmaster has no such natural restraint. Hence he may not be trusted with all the parent's authority, for he does not act from the inctinct of parental affection. He should be guided and restrained by § 208 GUIDE FOR OHIO SCHOOL OFFICERS. 228 judgment and wise discretion, and hence is responsible for their reasonable exercise." In Morrow v. Wood (S. C. Iowa, 1874; 13 Am. L. Reg., 692) it was claimed that the teacher had the right to prescribe the studies which the child should pursue, even as against the express directions of the parent. This was, however, denied by the court in the following language: "We do not think she had such right or authority, and we can see no necessity for clothing the teacher with such rights and arbitrary power. We do not really understand that there is any recognized principle ' of law, nor do we think there is any rule or morals or social usage which gives to the teacher an absolute right to prescribe and dictate what studies a child shall pursue, regardless of the wishes of the parent, and, as incident to this, gives the right to enforce obedience even as against the orders of the parent. From what source does the teacher derive this au- thority? From what maxim or rule of law of the land? Ordi- narily, it will be conceded the law gives the parent the exclu- sive right to govern and control the conduct of his minor chil- dren, and he has the right to enforce obedience to his commands by moderate and reasonable chastisement. And, furthermore, it is one of the earliest and most sacred duties taught a child to honor and obey its parents. . . . Now, we can see no reason whatever for denying to the father the right to direct what studies included in the prescribed course his child shall take." If a parent acts in good faith, prompted by pure parental love, without passion, inflicts no permanent injury in the child, he should not be punished merely because a jury, reviewing the case, deem it unwise to proceed so far (1 Bish. Cr. Law (7th ed.), § 882; Schouler's Dom. Rel. (4th ed.), § 244 I Black. Com., 556; 1 Greenl. Ev., § 97; 2 Addision on Torts (Wood's ed.), §840; Danenhoffer v. State, 69 Ind., 295; Com. v. Ran- dall, 4 Gray (Mass.), 36; State v. Burton, 46 Wis., 150; and the right of the parent may be delegated to the teacher (2 Kent. Com., § 203.) A schoolmaster is regarded as standing in place of the parent, and may administer, in case of misconduct, reasonable and proper punishment to a pupil, having regard to the character of the offense, the sex, age, size and physical strength of the offender; and he is liable criminally for any abuse of his au- thority, if prompted by malice or other proper motive, if un- reasonably severe, if inflicted with an improper instrument, or if resulting in permanent injury to the pupil (Boyd v. State, 88 Ala., 169). 2. Power to Inflict Corporal Punishment. — The authori- ties all concede the power of the teacher, under proper circum- stances, to inflict a corporal punishment. 229 TEACHER RIGHT AND LIABILITIES TO PUPIL. § 208 (a) In the case of Quinn v. Nolan (-i Cin. L. Bull., 81), Judge Harmon, in his charge to the jury, makes use of the following language: ''From the time of Solomon to the present, parents have had the right, in a proper manner and to a proper degree, of inflicting corporal punishment on their children, and when a parent sends the child to a public school, the teacher has the same right while the child is under his or her charge. "It is not disputed that bv the express rules of the school in question, to which rules the father assented when he sent his child there, corporal punishment was permitted in proper cases and in a proper manner. The question, therefore, in this case is, not whether the defendant inflicted corporal punishment on the child, for that is admitted, but whether, considering the offense of the child, if any, his age, condition and all the cir- cumstances, the defendant inflicted extreme and unnecessary punishment; because, while the teacher has a right to punish, it is the right to punish only in a proper manner and to a proper degree. If the teacher goes beyond that, the act be- comes unlawful and she is responsible for the consequences. "In determining this question, the jury should consider the offense, the size and apparent condition of the child, the char- acter of the instrument of punishment used, and the testimony as to the manner in which, and the extent to which, the punish- ment was inflicted." The State v. Pendergrass (2 Dev. & Bat., 365) is an early and leading case upon this subject, and is very plain and full as to the extent of this power. Here it is said: "The welfare of the child is the main purpose for which pain is permitted to be inflicted. Any punishment, therefore, which may seri- ously endanger life, limbs or health, or shall disfigure the child, or cause any permanent injury, may be pronounced in itself immoderate, as not only being unnecessary for, but inconsistent with, the purpose for which it is authorized. But any correc- tion, however severe, which produces temporary pain only, and no permanent ill, can not be so pronounced, since it may have been necessary for the reformation of the child and does not injuriously affect his future welfare. . . . "When the cor- rection administered is not in itself immoderate, and not there- fore beyond the authority of the teacher, its legality or illegal- ity must depend entirely on the quo animo with which it was administered. Within the sphere of his authority the master is the judge when correction is required, and of the degree of correction necessary; and like all others imparted with a dis- cretion, he can not be made penally responsible for error of judgment, but only for wickedness of purpose." In inflicting such punishment the teacher must exercise sound discretion and judgment, and must adapt it not only to the offense, but the offender. Horace Mann, a high authority in S 208 GUIDE FOR OHIO SCHOOL OFFICERS. 230 the matter of schools, says of corporal punishment: ''It should be reserved for the baser faults. It is a coarse remedy, and should be employed upon the coarse sins of our animal nature, and when employed at all it should be administered in strong doses." Of course, the teacher in inflicting such must not ex- ceed the bounds of limitation. No precise rule can be laid down as to what shall be considered excessive or unreasonable pun- ishment. Each case must depend upon its own circumstances. (Reeves on Dom. Rel., 288, 534.) The teacher must exercise reasonable judgment and discre- tion and be governed as to the mode and severity of the punish- ment by the nature of the offense, and the age, size and ap- parent powers of endurance of the pupil. (Com. v. Eandall, 4 Gray, 436.) (&) And he should also take into consideration the mental and moral qualities of the pupil, and, as indicative of these, his general behavior in school and his attitude toward his teacher, become proper subjects of consideration. And in making the chastisement the teacher may take into considera- tion, not merely the immediate offense which had called for the punishment, but the past offenses that aggravated the present one and showed the pupil to have been habitually refractory and disobedient. Nor is it necessary that the teacher should, at the time of inflicting the punishment, remind the pupil of his past and accumulating offenses. The pupil knew them well enough, without having them brought freshly to his notice. (Sheehan v. Sturges, 22 Eep., 455; s. c, 16 Cin. L. Bull., 33; S. C. Conn., 1886.) (c) The chastisement must not exceed the limits of moderate correction, and though courts are bound, with a view to the maintenance of necessary order and decorum in schools, to look Avith reasonable indulgence upon the exercise of this right, yet, whenever the correction shall appear to have been clearly excessive and cruel, it must be adjudged illegal. (Hath- not claim the prlivilege and receive it, and at the same time away v. Rice, 19 Vt., 102.) And the master is not relieved from liability in criminal cas6s for the punishment of a scholar which is clearly excessive and unnecessary by the fact that he acted in good faith and without malice, honestly thinking that the punishment was necessary, both fpr the discipline of the school and the welfare of the scholar. (Lander v. Seaver, 32 Vt., 114.) (d) And whether under the facts the punishment was ex- cessive must be left to the jury to decide. (Com. v. Randall, 4 Gray, 36.) But in the State v. Mizner, it was said, that "any punishment with a rod which leaves marks or welts on the person of the pupil for two months afterwards, or much less time, is immoderate and excessive, and the court would 231 TEACHER — RIGHT AND LIABILITY TO PUPIL, § 208 have been justified in so instructing the jury." (50 Iowa, 1-15.) The pupil must also understand and know, or have the means of knowing, for what offense he is being punished. (Icl.) In criminal actions, if there is a reasonable doubt whether the punishment was excessive, the teacher should have the benefit of the doubt. (Lander v. Seaver, 32 Vt., 114; Whar. Crim. Law, 1259.) In an English case, where, on the boy's return to school, his master wrote to the boy's parent, proposing to beat him se- verely, in order to subdue his alleged obstinacy, and on receiv- ing the father's permission, beat the boy for two hours and a half, secretly in the night and with a thick stick until he died it was held that he was guilty of manslaughter, and not mur- der, no malice being proven. (R. v. Hopley, 2 F. & F., 202.) And in the absence of all proof the law presumes that the teacher punishes his pupil for a reasonable cause and in a reasonable manner. But this presumption, like other legal presumptions, may be rebutted by proof. (State v. Mizner, 50 Iowa, 115; s. c, 32 Am. Eep., 128; Hathaway v. Rice, 19 Vt., 102.) And the teacher has the right to show that the chastisement was rea- sonable and for misconduct in school. (State v. Mizner, 45 Iowa, 248; s. c, 24 Am. Rep., 769.) (e) And the teacher's right to chastise his pupils is not affected by the fact that the pupil, voluntarily in the school, is of lawful age and therefore not entitled to attend school. (Id.) Upon this question the Supreme Court of Maine makes use of the following language (Stewart v. Fassett, 27 Me., 266, 287) : ''But it is insisted that if such is the authority over one who is in the legal contemplation a scholar, the same can not apply to the case of one who has no right to attend the school as a pupil. It is not necessary to settle the question whether one living in the district and not being between the age of four and twent3^-one years can, with propriety, require the instruction of town schools. If such does present himself as a pupil, is received and instructed by the master, he can not claim the privilege and receive it, and at the same time be subject to none of the duties incident to a scholar. If dis- obedient, he is not exempt from liability to punishment, so long as he is treated as having the character which he as- sumes. He can not plead his own voluntary act, and insist that it is illegal, as an excuse for creating disturbances, and terrupting the ordinary business of the school." escape consequences which would attach to him either as a refractory, incorrigible scholar, or as one who persists in in- (/) And the teacher has the right to punish the pupil within § 208 GUIDE FOR OHIO SCHOOL OFFICERS. 232 the bound of law, even though he has instruction from the father that the child must not be whipped. (State v. Manx, Straus, 3 Tenn. Law Eep., 19.) He is the absolute .judge of the kind of punishment to be inflicted, with the limitation that it shall be reasonable and usual, - and not destructive of the relation, or subversive of the contract under which the relation exists. (Stare v. Litchfield, 40 Barb., 511.) It may be by whipping, or he may impose any reasonable restraint upon the person of the pupil which will prevent disorder in his school. (Fitzgerald v. Northcote, 4 F. & F., 656; Cooley on Torts, 171.) But it was held that where a person took a pupil into his house, agreeing to instruct and protect him and provide for his physical wants, he was not entitled to turn him out into the street, withdraw his care, and deny him shelter and the com- fort of his home, under the name and form of punishment. Such mode of punishment is neither reasonable nor usual. (Stare v. Litchfield, 40 Barb., 541.) Where teacher, after chastising pupil severely in school- room, followed him into the yard, struck him with a stick, put his hands in his pocket as if to draw a knife, when the pupil only protested, and after apologizing for language im- puted, asked to withdraw, and the teacher hit him in the face three times with his fist, and then hit him over the head with the butt end of a switch, from which the eye was closed for several days, and the teacher remarked in the presence of the school that he could Avhip any man in China Grove beat, he was convicted and fined. (Boyd v. State, 88 Ala., 169.) 3. Jurisdiction. — It is conceded that the right to punish extends to school hours, and that there seems to be no reason- able doubt that the supervision and control of the master over the pupil extends from the time he leaves home to attend school till he returns home from school. In the recent case of Balding v. State (24 Reporter, 314; 8 Cin. Law Bull., 217), the court of appeals in Texas held that a public school teacher may require the preparation of lessons at the home by the scholar: "Teachers have the same right, the same as parents, to prescribe reasonable rules for the government of children under their charge, and to enforce by moderate restraint and correction obedience to such rules. This authority of a teacher over his pupil is not, in our opin- ion, necessarily limited to the time when the pupils are at the school-room, or under the actual control of the teacher. Such authority extends, we think, to the prescribing and enforce- ment of reasonable rules and requirements, even while the pupils are at their homes." (a) In the case of Lander v. Seaver (32 Vt.-, 114), it was held that, although a schoolmaster has in general no right to 233 TEACHER — POWER OP EXPULSION. § 208 punish a pupil for misconduct committed after the dismissal of the school for the day and the return of the pupil to his home, yet he may, on the return of the pupil to school, punish him for any misbehavior, though committed out of school, which has a direct and immediate tendency to injure the school or subvert the master's authority. In the recent case of Derkins v. Goss (20 Cent. L. J., 418: S. C. Mo., 1885), decided that the teacher has the right to make a rule, and to enforce it by whipping, prohibiting the boys from swearing, quarreling or fighting on their way home from school and before the parental authority over them has been resumed. (&) But it has been held that the teacher had no right to compel the pupil to study certain branches when the pupil was excused therefrom by his parent, and if the teacher attempted to force the pupil so to do and the pupil refused and the teach- er inflicted corporal punishment upon such pupil for such re- fusal, that the teacher would be guilty of assault and battery. (Morrow v. Wood, 13 Am. Law Reg., N. S. 693.) And it was said that until compulsory education was estab- lished that the court was unwilling to establish the rule that a teacher may punish a pupil for not doing something the parent has requested the pupil to be excused from doing. (State v. Mizner, 50 Iowa, 145 ; 32 Am. Rep. 128.) The fact that the school was a public one, in which the studies were prescribed by statute, did not vary the general rule as to the right of the parent to direct the omission of a part of the prescribed studies. (Id.) 4. Power of Expulsion. — The teacher has not, it seems, a discretionary power of expulsion, but only for reasonable cause. (Fitzgerald v. Northcote, 4 F. & F., 685.) The power of expulsion is usually placed in the hands of the school direc- tors or other committee in charge of the school. And the teacher generally has power only to suspend the pupil until the matter can be brought to the attention of such superior body. This is regulated by statute in some of the states. (Rev. Stat. Ohio, 4014 [§ 202].) For a wrongful expulsion the teacher would be liable in damages, not only to the child, but in Roe v. Deming, it was held that the father of a child, en- titled to the benefits of the public school of the sub-district of his residence, may maintain an action against the teacher of the school and the local directors of the sub-district for dam- ages for wrongfully expelling tKe child from school. (Ohio St., 666.) This question was verv thoroughly discussed in State v. Burton (18 Am. Law Reg., 233; S. C. Wis., 1879), in which it was said that ''the teacher is responsible for the discipline of his school, and for the progress, conduct and deportment of his S 208 GUIDE FOR OHIO SCHOOL OFFICERS. 234: pupils. It is his imperative duty to maintain good order and require of his pupils a faithful performance of their duties. If he fails to do so, he is unfit for his position. To enable him to discharge these^ duties effectually, he must necessarily have the power to enforce prompt obedience to his commands. For this reason the law gives him the power, in proper cases, to inflict corporal punishment upon refractory pupils. But there are cases of misconduct for which such punishment is an inade- quate remedy. If the offender is incorrigible, suspension or expulsion is the only adequate remedy. In general, no doubt, the teacher should report a case of that kind to the proper board for its action in the first instance, if no delay will neces- sarily result from that course prejudicial to the best interests of the school. But the conduct of a recusant pupil may be such that his presence for a day or an hour may be disastrous to the discipline of the school and even to the morals of the other pupils. In such a case it seems absolutely essential to the welfare "of the school that the teacher should have the power to suspend the offender at once from the privilege of the school ; and he must necessarily decide for himself whether the case requires that remedy. If he suspend the pupil, he should promptly report his action to the board. It will be seldom that the teacher in charge of the school will be com- pelled to exercise this power, because usually he can readily communicate with the district board and obtain the direction and order of the board in the matter. But where the govern- ment of a public school is vested in a board of education, with a more numerous membership than district boards, and which hold stated meetings for the transaction of business, the facili- ties for speedy communication with the board may be greatly decreased, and more time must usually elapse before the board can act upon a complaint of the teacher. In those schools the occasion which requires the action of the teacher in the first instance will occur more frequently than in the district schools. "We conclude, therefore, that the teacher has, in a proper case, the inherent power to suspend a pupil from the privileges of the school, unless he has been deprived of the power by the affirmative action of the board." See suspension of pupil, §4014 (§202). 5. Liability for Failure to Provide. — ^Whether an action will lie against a teacher for a failure to instruct a pupil that lawfully comes to him for instruction, or whether the remedy is confined to an appeal to the governing board, Judge Cooley says (page 288), in his work on Torts, is left in doubt by the authorities, though he expresses the opinion that such refusal is actionable. And in Spear v. Cummings, 23 Pick., 224, it was held that the teacher of a town school was not liable to an 235 TEACHER — REASONABLE RULES. § 208 action by the parent for refusing to instruct his children. If an action can be maintained in such case, it should be in the name of the child and for his benefit. (Stephenson v. Hall, 14 Barb., 222.) There is no implied contract between a teacher and a pupil in the public schools that the former shall teach the latter; so held, where a teacher refused to hear the pupil recite any lesson in any study unless he would procure a copy book and take lessons in a certain system of penmanship. (Bd. Ed. v. Common Council District (Mich.), 45 N. W., 5851.) 6. What are Reasonable Rules. — A rule providing that pupils may be suspended from school in case they shall be absent or tardy, except for sickness or other unavoidable cause, a certain number of times, is a reasonable and proper rule for the government of the school. (Burdick v. Babcock. 31 Iowa, 562.) Also to exclude a child whom it is deemed is of a licen- tious character and immoral, although such character is not manifested by any acts of licentiousness or immorality within the school. (Sherman v. The Inhabitants of Charleston, 8 Cush., 160.) Likewise, for acts of neglect, carelessness of pos- ture in his seat and recitation, tricks of playfulness and inat- tention to study, and the regulations of the school in minor matters. (Hodgkin v. Rockport, 105 Mass., 475.) A requirement by a teacher of a district that the pupils in grammar schools shall write English compositions is a reason- able one, and if such pupil, in the absence of a request from his parent, refuse to comply with such rule, he may be expelled from the school on that account. (Guernsev v. Pitkin, 32 Vt., 224.) But a rule that required that no pupil should attend a social party is not reasonable, and an expulsion for such violation of such a rule would be illegal. (Dritt v. Snodgrass, 66 Mo., 286.) A regulation that each scholar, when returning to school after recess, shall bring into the school room a stick of wood for the fire is not needful for the government of the school, and a scholar can not be suspended for a refusal to comply with such rule. (State v. Board of Education, 24 Am. Law Reg., 601; S. C. Wis., 1885.) A rule requiring pay for school property wantonly or care- lesslv destroved should not be enforced by corporal punish- ment. (State V. Vanderbilt (Ind.), 18 N. E., 266.) See § 92 as to reasonable rules. The policy of the law seems to be, as it should be, that the teacher is to be as little hampered in his school management as possible by outside persons. And it has always occurred to us that, unless there has been a flagrant violation of law and a § 209 GUIDE FOR OHIO SCHOOL OFFICERS. 236 mean, malicious spirit manifested by the teacher, parents and others ought not to interfere. §209. [Teachers dismissed for insufficient cause may insti- tute suit.] (§ 4019.) If the board of education of any district dismiss any teacher for any frivolous or insufficient reason, such teacher may bring suit against such district, and if, on the trial of the cause, a judgment be obtained against the dis- trict, the board thereof shall direct the clerk to issue an order upon the treasurer for the sum so found due to the person entitled thereto, to pay the same out of any money in his hands belonging to such district, and applicable to the pay- ment of teachers; and in such suits process may be served on the clerk of the district, and service upon his [him] shall be sufficient. (97 v. 363.) Sec. 4020. Repealed, 88 v. 568, § 10. 4020-1) Sec. 1. (Superseded by §§4020-10—4020-14, but not re- pealed. Enacted, 88 v. 568.) Dismissal of Teacher. Order of Dismissal. Improper Conduct. Form of Order. Written Charge. Miscellaneous Matters Relat- Trial. ing to Dismissal. Dismissal of Teacher. — Each board of education may dis- miss any appointee or teacher for inefficiency, neglect of duty, immorality or improper conduct ; but no teacher shall be dis- missed by any board unless the charges are first reduced to writing, and an opportunity be given for defense before the board or committee thereof, and a majority of the full mem- bership of the board upon roll call vote in favor of such dis- missal, section 4017 (§206). The first clause above gives the causes ; the second, the method of procedure. If the board acts strictly as directed by statute, they will not be liable in a suit for damages; if they do not, they may be. The four causes for which they may be dismissed are (1) inefficiency; (2) neglect of duty; (3) immorality, and (4) im^ proper conduct. INEFFICIENT. (1) To be inefficient is to be not efficient, and to be efficient is to be able to produce, or cause to exist. As used here it means that the person must have the faculty and possess the ability to produce that which he is employed to do; i. e., the 237 DISMISSAL OF TEACHER. § 209 education of the children sent to his school; if for any reason he is unable to do this in a reasonable degree, he is inefficient. The teacher might be inefficient for the want of a proper education, although having a certificate, the presumption would be that he is not inefficient from this cause ; then he might be inefficient by reason of his health, or because of his want of executive ability or power to properly conduct his school and control his scholars; then he might be possessed of such a temper as to retard or destroy his ability to accom- plish anything, or possibly there might be such antipathy be- tween him and his scholars as would make him inefficient; or he might be thrown into such circumstances that his useful- ness as a teach-er is destroyed. The state is interested in the education of her children. She makes ample provision to that end. She employs teachers for that purpose, and to accom- plish that end pays the teacher; and if the teacher can not or does not accomplish that purpose, then he not only does not earn his salary, but he is causing an injury to the public, and should be dismissed. The school board is not an eleemosynary institution. NEGLECT OP DUTY. (2) Neglect of duty, no doubt, will cause a teacher to be inefficient, and still not be guilty of neglect of duty as here used. The neglect to perform the conditions of his contract would be a neglect of duty for which he might be discharged, so would a refusal to abide by the rules of the board of edu- cation in reference to the conduct of the school, or to teach the required branches, or to keep school open the proper hours, or to keep himself in a cleanly condition. (3) Immorality. — In no avocation of life, the ministry of the gospel not excepted, should there be a higher standard of morality than in that of the school teacher. He is, and should be, an example for his pupils. His language at all times should be chaste and pure and his conduct everywhere above criticism. Specifically stated, he should not swear or use lewd language ; he should not consort with women of questionable character; he should not frequent saloons or gambling houses; he should not drink intoxicants to excess; better not drink them at all; he should not use tobacco in the school room, cigarettes any- where; he should not associate with criminals or evil-disposed persons; he should not violate the laws of his country; he should not be untruthful or take advantage of his fellowmen by dishonest and designing practices. In another state it was held that a man who habitually vio- lated his duty of profanity and Sabbath breaking was of bad moral character and not a proper person to teach school. (Wieman v. Mabee, 45 Mich., 2184.) § 209 GUIDE FOR OHIO SCHOOL OFFICERS. 238 The fact that the teacher has been licensed by the county examiners, and the latter have failed to make the certificate, is not conclusive on the board as to the morality of the teacher. (Sch. Dist. V. Maury, 53 Ark. St., 471.) Neither will the fact that the board has tolerated the teacher's misconduct and efficiency for a time operate as a waiver of its right to dis- charge him. (Sch. Dist. v. Maury, 53 Ark., 471.) Improper Conduct. — Just what is meant by improper con- duct, outside of what might be included in one or all of the other grounds of dismissal, is not easily discernible. It prob- ably means any conduct on the part of the teacher that will destroy or interfere with the general welfare of the school. Thus, if the teacher refused to receive back a pupil whom he suspended, when his action was overruled by the board (Park- er V. School Dist., 5 Lea (Tenn.), his conduct would be im- proper. It is said that under the common law a teacher is subject to discharge if he fails to perform his duty in any material point. (Tripp v. Sch. Dist., 50 Wis., 657.) If the teacher is unable and incompetent to teach the branches he is employed to teach, he may be dismissed. (Crawfordsville v. Hayes, 42 Ind., 200.) Written Charge. — The charge upon which the teacher is to be dismissed must be in writing, and it should set out spe- cifically the grounds of the same. It should not merely allege that the teacher is guilty of inefficiency, etc., but it should state how he is inefficient, or in what manner he neglects his duty, or what he has done that makes him immoral, or how he has been guilty of improper conduct, etc. The form may be similar to that to remove a director (§ 206) and the trial may be much in the same manner. Trial.— It has been said ''that the delicate nature of the duty devolved upon trustees to see that unfit or incompetent persons are not put or kept in charge of the children who attend the common schools forbids the idea of a trial with the formalitv and strictness that belongs to courts." (People v. Bd. of Ed., (N. Y.), 181.) The only thing that the law requires is that the teacher be given a fair opportunity to be heard, and produce whatever defense he may have. There is no power to subpoena witnesses or swear them, neither must it be a matter of record like in the dismissal of a director. It would be well to have the matter submitted upon oral testimony where the same could be done, but if this could not be done, then upon affidavits. Order of Dismissal. — Where all the testimony is in, then if the matter has been heard by a committee, the committee makes a report, and the entire board takes a vote, and if two-thirds 239 DISMISSAL OP TEACHER. § 209 of the full membership of the board votes in favor of a dis- missal, or sustaining of the charge, the teacher is dismissed. There must be a roll call and an aye and nay vote upon this proposition. He should be formally notified of this action of the board. All these matters should be spread upon the min- utes. Form of Order. To .• Sir: — You are hereby notified that at a regular (or special) meet- ing of the board of education, of district, the charges against you of were sustained by a two-thirds vote of the full member- ship of said board, and you were ordered dismissed as a teacher of school. You will please take due notice thereof, and act ac- cordingly. Your services will end on , the day of , 190.. (Date.) Clerk of Board of Education of School District. Miscellaneous Matters Relating to Dismissal. — If the board act in good faith in their actions in dismissing a teacher, they will not be personally liable for damages. (Gregory v. Small, 39 Ohio St., 346.) They should proceed as directed by law. (Townsend v. Sch. Trs., 41 N. J. L., 312.) The fact that the teacher has a certificate of good moral character is not conclusive, and the board may dismiss him if they find him to be immoral. (Sch. Dist. v. Manury, 55 Ark., 47; McCutehen V. Windsor, 55 Mo., 149.) In one case it is said: "The delicate nature of the duty devolved upon the board to see that unfit or incompetent persons are not put or kept in charge of the children who attend the common schools forbids the idea of the trial with the formalitv and strictness that belongs, to courts." (The People v. Bd. of Ed., 3 Hun (N. Y.), 181.) If the teacher is incompetent or unable to teach the branches of instruction he has been employed to teach, he may be dismissed. (Crawfordsville v. Hays, 42 Ind., 200.) So if he is charged with outrageous crimes. (Tingley v. Vaughn, 17 111. App., 347.) If a teacher refused to take back a pupil whom he had suspended, when so directed by the board, he might be dis- missed. (Parker v. Sch. Dist., 5 Lea (Tenn.), 525.) The mere fact that the board tolerates a teacher's misconduct and in- efficiency for a time does not operate as a waiver of right to discharge him therefor. (Sch. Dist. Ft. Smith v. Maury, 53 Ark., 471.) If the teacher is discharged without cause, he may recover the amount of his wages according to the contract. (Bd. Regents v. Mudge, 21 Kans., 223; Ewing v. Sch. Dirs., 2 111. App., 458.) Unless, as one court has held, he could have procured similar emplovment, the burden of proving which is on the board. (Sch. Dist. v. Stilley, 36 111. App., 133.) S 210 GUIDE FOR OHIO SCHOOL OFFICERS. 240 4020-2) Sec. 2. (Superseded by §§4020-10—4020-14, but not re- pealed.) (4020-3) Sec. 3. (Superseded by §§4020-10—4020-14, but not re- pealed.) (4020-4) Sec. 4. (Superseded by §§4020-10—4020-14, but not re- pealed.) (4020-5) Sec. 5. (Superseded by §§4020-10—4020-14, but not re- pealed.) (4020-6) Sec. 6. (Superseded by §§4020-10—4020-14, but not re- pealed. ) (4020-7) Sec. 7. (Superseded by §§4020-10—4020-14, but not re- pealed. ) (4020-8) Sec. 8. (Superseded by §§4020-10—4020-14, but not re- pealed.) (4020-9) Sec. 9. (Superseded by §§4020-10—4020-14, but not re- pealed. Enacted, 88 v. 568.) TEXT-BOOK LAW. § 210. [Filing and preservation of copies and prices of school books.] (§4020-10). Sec. 1. Any publisher or pub- lishers of school books in the United States desiring to offer school books for use by pupils in the common schools of Ohio as hereinafter provided, shall, before such books may be law- fully adopted and purchased by any school board in this state, file in the office of the state commissioner of common schools a copy of each book proposed to be so offered, together with the published list wholesale price thereof, and no revised edition of any such book shall be used in the common schools until a copy of such revised edition shall have been filed in the office of the said commissioner, together with the published list wholesale price thereof. The said commissioner shall care- fully preserve in his office all such copies of books and the prices thereof so filed. (92 v. 282.) Adoption of Series of School Books, etc. — It is within the province of the legislature to pass an act prescribing a certain series of books to be used in the schools, and such an act would not conflict with a constitutional provision provid- ing that it should be the duty of the legislative assembly to establish and maintain a general, uniform and thorough system of public,- free common schools. (Campana v. Calderhead, 17 Mont., 548.) Such an act does not impune the right of local self-government. (State v. Haworth. 182 Ind.. 462) ; and if the legislature does not exercise this power itself, it is properly conferred upon the school trustees (State v. Dixon County School Dist. No.—, 31 Neb., 552; The State v. Bronson, 115 Neb., 271) ; and it has often been held that the legislature might give to one person an exclusive privilege for a definite 241 TEXT BOOKS — LAW. § 211 length of time of furnishing books and compelling the school officers to procure them from him as well as its patrons (State V. Haworth, 122 Ind., 462) ; and the pupil may be suspended for refusal to procure a prescribed book (State v. Weber, 108 Ind., 31) ; and the parent can not insist that his child shall be allowed to use a text-book different from that adopted by the proper authorities (Lakeview School v. People, 87 111., 303) ; and where the legislature confers the authority upon the school board to adopt a series of text-books, such action of the board of education is a discretionary one and can not be reviewed by a court. (People v. Oakland, 54 Calif., 375.) However, a board of education must follow as the statute provides in adopting a certain series of books, and if they at- tempt to annul their action previous to the time allowed by statute, the court will compel them to allow the continued use of the books adopted until the end of the time for which they had been adopted (People v. Frost, 32 111. App., 242) ; and this authority may be invoked by the parent of the child attending the school. (State v. Columbus, 35 Ohio St., 368.) The courts are powerless to prevent the legislature from pre- scribing what kind of text-books shall be used in schools and in directing how and upon what terms they shall be procured, and in giving to one person for a definite period of time an exclusive contract for purchasing the same. (Currier v. -Mer- rill, 25 Minn., 1.) § 211. [Maximum price; notification of publisher.] (§4020-11.) Sec. 2. Whenever and so often as any book and the price thereof shall be so filed in the commissioner's office as provided in section 1, a cominission consisting of the governor, the sec- retary of state and the state commissioner of common schools shall immediately fix the maximum price at which such books may be sold to or purchased by boards of education as here- inafter provided, which maximum price so fixed on any book shall not exceed seventy-five per cent, of the published list whole- sale price thereof, and the state commissioner of common schools shall immediately notify the publisher of such books so filed, of the maximum price so fixed. If the publisher so notified shall notif}^ the commissioner in writing that he accepts the price so fixed, and shall agree in writing to furnish such book during a period of five years at the price so fixed, such written acceptance and agreement shall entitle said publisher to offer said book so filed for sale to said board of education for use by the pupil under the terms of this act. (92 v. 282.) §§ 212-214 GUIDE FOR OHIO SCHOOL OFFICERS. 242 § 212. [Notices to boards ; legality dependent on compli- ance.] (§ 4020-12.) Sec. 3. The said commissioner shall during the first half of the month of June, 1896, and during the first half of the month of June in each year thereafter, furnish to each board of education the names and addresses of all publishers who shall have during the year ending on the first day of said month of June in each year, agreed in writing to furnish their publications upon the terms provided in this act. And it shall not be lawful for any board of education to adopt or cause to be used in the common schools any book whose publisher shall not have complied, as to said book, with the provisions of this act. (92 v. 282.) § 213. [Procedure upon violation of agreement by pub- lisher,] (§ 4020-13.) Sec. 4. If any publisher who shall have agreed in writing to furnish books as provided in this act, shall fail or refuse to furnish such books adopted as herein provided to any board of education or its authorized agent upon the terms as herein provided, it shall be the duty of said.board at once to notify the said commission of such failure or refusal, and the commission shall at once cause an investiga- tion of such charge to be made, and if the same is found to be true, the commission shall at once notify said publisher and each board of education in the state that said book shall not hereafter be adopted and purchased by boards of education; and said publisher shall forfeit and pay to the state of Ohio five hundred dollars for each failure, to be recovered in the name of the state, in an action to be brought by the attorney-general, in the court of common pleas of Franklin county, or in any other proper court or in any other place where services can be made, and the amount, when collected, shall be paid into the state treasury to the credit of the common school fund of the state. (92 v. 282.) §214. [When contract made; shipment of books, etc.; sale to pupils; purchase from pupils; free books.] (§4020-14.) Sec. 5. Each board of education, on receiving the statements above mentioned, from said commissioner, shall, on the third Monday in August thereafter meet, and at such meeting, or at an adjourned meeting within two weeks after said Monday, determine by a majority vote of all members elected the studies 243 TEXT BOOKS FOR PUPIL. § 214: to be pursued aud which if said text-books so filed shall be used in the schools under its control, but no text-books so adopted shall be changed, nor any part thereof altered or revised, nor shall any other text-book be substituted therefor for five years after the date of the selection and adoption thereof without the consent of three-fourths of all the mem- bers elected, given at a regular meeting; and each board of education shall cause it to be ascertained, and at regular meet- ings in April and August shall determine which, and the num- ber of each of said books the schools under its charge shall require, until the next regular meetings in April and August, and shall cause an order to be drawn for the amount in favor of the clerk of the board of education, payable out of the contingent fund ; and said clerk shall at once order said books so agreed upon by the board, of the publisher, and the pub- lisher, on the receipt of such order, shall ship such books to said clerk without delay, and the clerk shall forthwith ex- amine such books, and, if found right and in accordance with said order, remit the amount to said publisher, and the board of education shall pay all charges for the transportation of such books out of the school contingent fuijd; but if said boards of education can, at any time, secure of the publishers books at a price less than said maximum price, it shall be its duty so to do, and may, without unnecessary delay, make effort to secure such lower price before adopting any particular text-book. [Sale to pupils.] Each board of education shall have power to, and shall make all necessary provisions and arrangements to place the books so purchased within easy reach of and ac- cessible to all the pupils in their district, and for that purpose may make such contracts and take such security as they may deem necessary for the custody, care and sale of such books and accounting for the proceeds ; but not to exceed ten per cent of the cost price shall be paid therefor, and said books shall be sold to the pupils of school age in the district, at the price paid the publisher, and not to exceed ten per cent, there- for added, and the proceeds of such sale shall be paid into the contingent fund of such district, and whoever receives said books from the board of education for sale as aforesaid to the pupils, and fails to account honestly and fully for the same, § 214 GUIDE FOR OHIO SCHOOL OrFIGERS. 244 or for the proceeds to the board of education when required, shall be guilty of embezzlement and punished accordingly. [Local dealers.] Provided, however, boards of education may contract with local retail dealers to furnish said books at prices above specified, the said board being still responsible to the publishers for all books purchased by the said board of education. [Removal — Free books.] And when pupils remove from any district, and have text-books of the kind adopted in such district, and not being of the kind adopted in the district to which they remove, and wish to dispose of the same, the board of the district from which they remove, when requested, shall purchase the same at a fair value thereof, and resell the same as other books ; and nothing in this act shall prevent the board of education from furnishing free books to pupils as provided by law. That for the purpose of carrying into effect the fore- going provisions of this act and paying the expenses incident thereto, there be and is hereby appropriated out of any money in the state treasury, to the credit of the general revenue fund, not otherwise appropriated, the sum of five hundred dollars, to be disbursed and paid on the allowance and order of said commissioner. (92 v. 282.) As to free books see §4126 (§239). Purpose of Text-book Law. Price to be Paid. Selection of Text-book. Disposal of Books to Pupils. Purpose op Text-Book Law. — The fierce rivalry among pub- lishers of text-books sometimes led them to pursue courses in securing the adoption of books published by them for certain schools that was not always honorable to them nor members of the board of education. Charges of corruption were frequently made.' In order to secure to the people of the state the best result, possibly, in the price to be paid for books, as well as remove all temptation that might be offered to members of the board of education, the above and the four preceding sections were enacted in a statute laAv. Selection op Text-Books. — In order for the law to meet the full measure intended, it must be strictly observed. It will be presumed that a committee on text-books has been ap- pointed. See note under section 3987 (§ 95). This committee should be ready to report on the third Monday in August, and at that meeting or an adjourned meeting within two weeks 245 FREE SCHOOL BOOKS. § 214 after that date, is the time within which the series of text-books must be adopted. This committee, if properly attending to the duties imposed upon it, will have had the matter under consideration since the middle of the preceding June, this be- ing the time that the commissioner of schools should have furnished to the board of education the names and addresses of all publishers who are entitled to furnish the required text-books, see section 4020-12 (§ 212). In order to adopt a certain text-book it will require a majority vote of all members elected and this vote must be an aye and nay one, section 3982 (§ 89). When a certain line of text-books are adopted it can not be changed for a period of five years, unless three- fourths of all the members elected assent thereto at the regu- lar meeting of the board. Such time begins to run from the date of the official adoption of its text-book and not from the time it is brought into actual use. (State v. Board of Educa- tion, 35 0. S., 386.) No book can be adopted except at the regular meeting in August, or a regularly adjourned meeting within two weeks from that time. Committee on teachers and text-books of township boards of education to recommend changes in text-books, etc., see section 3920 (§ 34). Where the committee on text-books of a school board rec- ommended the adoption of a certain series of books, and the school board amended the report and then adopted it, this "determines" the books to be used and exhausts the power to change them, and a majority vote ten days afterwards to reconsider is a nullitj^ (State ex rel. v. Board of Education 35 0. S., 368.) The adoption of the books being in connection with a propo- sition of the publisher, its terms as to prices are conditions of the adoption. {Id.) A rule of the board, that resolutions for changing text-books shall be referred to a committee and delayed four weeks, is a reasonable one under R. S., section 3985 (§ 92), and binding. Nor can a bare majority abrogate it, for section 3982 (§89) must be construed with section 3985 (§ 92). Hence, an adop- tion of a text-book by a majority, without reference to the committee and four weeks' delay, will not be enforced by mandamus on the application of a parent who has purchased the new books. (State, ex rel., v. Board of Education of Cleveland et al, 2 C. C, 510.) Change or Re-adoption op Text-books. — The statute has provided that after text-books have been adopted on the 3d Monday in August, that the books so adopted shall not be changed nor any part altered or revised, nor shall any other text-book be substituted therefor for five years after the selec- tion of the date and adoption thereof without the consent of three-fourths of all the members elected, given at a regular § 21-1 GUIDE FOR OHIO SCHOOL OFFICERS. 215c| meeting. These provisions of the statute have been the subject of considerable discussion, and diametrical opposite opinions have been rendered by different state school commissioners as to their meaning, especially as to the length of time that the re-adopted or substituted book should remain without change. In a circular issued by the then state school commissioner, shortly after the statute was adopted a construction was placed upon this provision in a circular sent out and it was there said: "It is the meaning of the text-book law that every adoption is for the full period of five years whether it be an original adoption, a substitution or a re-acloption, " so according to that interpretation, if a text-book was changed after it was adopted or another substituted for one that had been adopted, the newly adopted or substituted text-book could not be changed for five years except by a three-fourth vote. The present state school commissioner, however, holds that "After text-books have been adopted, any substitution by three-fourth vote of all the members of the board will be for the remainder of the five year period for which the books dis- placed were adopted." Which of these two opinions, both of which seem to have been coincided in by the Attorney Generals in office at the time that they were enunciated will finally prevail, only the courts can determine. There are arguments on both sides. It would seem from the fact that the state school commissioner is required in June of each year to notify the various boards of education of the names and addresses of all publishers, who shall have during the year, agreed in writing to furnish books, etc., that it is contemplated by the statute that text-books ought not to be changed or re-adopted other than at the August meet- ing; and in addition to this it must be recognized that it is not for the advantage of schools to have text-books changed during the time of the school year, and that the August meeting being in the time of vacation, that that is the time when it is intended that the text-book question should be brought up. In opposition to this, however, is to be considered the policy of the law not to have frequent changes in school books adopted, and, therefore, whether the book be adopted at an August meet- ing or some subsequent time, it should continue to be- the adopted book until five years have expired from the time that it was adopted. That this is a correct view is the opinion of eminent attorneys. In the recent ease of Lenhart v. Board of Ed., Muskingum Common Pleas, Vol. 5, Nisi Prius Repts., N. S., the court holds that where a book was adopted on May 2, 1906, it could not be replaced by one adopted in September, 1906, by a majority vote of the board, and that the book adopted in May was for five years, unless changed by a three-fourths vote, etc. The stat- ute, however, seems to contemplate that the course of study and text-books should be determined at the August meeting, and if the view is to be adopted that text-books may be adopted 2456 FREE SCHOOL BOOKS. § 214 at any time during the year we would have contracts expiring, not in vacation of the schools or at a time when the law con- templated that text-books should be adopted, but at all times of the year. Then, too, the statute itself does not say that a new text-book may be adopted at any other time than the August meeting. It merely says that another text-book may be sub- stituted for one that is already adopted. The fact that the word "substituted" is used instead of the word "adopted," would also give strength to the view of the present state school commissioner, that when a text-book is sub- stituted for one already adopted, that the time or period for which such substitution would run would be the remainder of ■ the unexpired five years for which the original adoption was made. The statute, however, is not clear upon this question. It seems that the legislature wanted to secure two things: first, that text-books should not be frequently changed, and secondly, to leave a power with the board to make a change if three-fourths of the members of the board deem it advisable. It is certainly not within the general policy of the law that this matter of adopting school books should come up at any period of the year and the present school commissioner has held that where contracts expire in the next August, that during the preceding month text-books could not be adopted even if by a unanimous vote. There are strong reasons of policy requiring all adoptions of text-books to be made at the August meeting. Section 28346 (§ 95), which requires that the clerk shall first certify that the money required for the payment of the obligation or appropriation was in the treasury to the credit of the fund, etc., having been declared to be unconstitutional. Bower v. Ful- ton, 28 C. C. 624, as being a law of a general nature and not of uniform operation, it would be doubtful whether it would be applicable to the adoption of text-books. I am not so sure, however, that this view of the Circuit Court will be adopted by the Supreme Court, for while it may be a law of a general nature, yet as the statute classifies schools, which is held to be a constitutional power of the legislature, it may be that a statute made to apply to such classifications may be valid, although under other circumstances it would be held to be unconstitutional, as being a law of a general nature w^hich would not have a uniform operation throughout the state. It being uniform as to its application to all in the recog- nized class. Price to be Paid.— It will be observed section 4920-11 (§ 211) that the prices as given to the state commissioner of schools are maximum. There is nothing in the law preventing a board of education from selecting books which can be pur- chased below such maximum price, nor is there anything to prevent the board of education from making the best terms §§ 215-217 GUIDE FOE OHIO SCHOOL OFFICERS. 246 for its patrons that it can, among the various publishers who are authorized to contract for such text-books. The statute directs that at the regular meetings in April and August that the number of books that the school may need be determined, and at the next regular meeting an order be drawn, and if the books on their receipt, and they are required to be sent at once, be found right and in accordance with the order, the clerk is to remit the amount due the publisher. Disposal of Books to Pupils. — The board, having ordered the books, may sell them to the pupils at a profit not to exceed ten per cent, of the price paid the publisher, the money to be returned to the contingent fund. If the board of education does not wish to undertake this purchase of books they may make arrangements with their local dealers to do the same. Such local dealer, however, would be restricted to the same profits. If the board is in doubt about the price of any book, they should make inquiry of the state commissioner of schools. §215. [Purchase of Howe's Historical Collections of Ohio for schools; payment.] (§4020-15.) Sec. 1. The boards of education of city, village, township and special school dis- tricts in the state be and are hereby authorized to purchase for each school in either of said districts one copy of "Howe's Historical Collections of Ohio," to be used as a reference book in the study of the history of the state; provided that said book shall be in quality, style, binding and finish equal to the present published edition of said work, bound in half Russia leather, and shall cost not to exceed three dollars per volume, for each set of three volumes ; provided further, that the price of the books and cost of transportation shall be paid out of the contingent fund of such district. (89 v. 241.) § 216. [Care and preservation of books.] (§ 4020-16.) Sec. 2. Said books, during the vacations of schools, or when the schools are not in session, shall be taken care of in the manner that maps, globes, dictionaries and other school apparatus are cared for and preserved. (89 v. 241.) §217. [Physical training in city schools.] (§4020-17.) Sec. 1. Physical training shall be included in the branches to be regularly taught in public schools in city school dis- tricts, and in all educational institutions supported wholly or in part by money received from the state, and it shall be the 247 PHYSICAL TRAINING. §§ 218-220 duty of the boards of education of city school districts, and boards of such educational institutions to make provisions in the schools and institutions under their jurisdiction for teach- ing of physical training, and to adopt such methods as shall adapt the same to the capacity of the pupils in the various grades therein ; and other boards may make such provisions. The curriculum in all normal schools of this state shall con- tain a regular course on physical education. (97 v. 364.) § 218. [Manual training departments, commercial depart- ments and kindergartens authorized.] (§4020-18.) Sec. 1. Any board of education may establish and maintain manual training and commercial departments and kindergartens in connection with the public school system and pay the expenses of establishing and maintaining said schools from the public school funds, in the same manner and from the same funds as other school expenses are paid. (97 v. 364.) (4020-19) Sec. 1. Repealed April 25, 1904. (4020-20) Sec. 2. Repealed April 25, 1904. (4020-21) Sec. 1. Repealed April 25, 1904. (4020-22) Sec. 2. Repealed April 25, 1904. § 219. [Instruction in the effects of alcholic drings and other narcotics; made a regular branch of study.] (§ 4020-23.) Sec. 1. The nature of alcholic drinks and other narcotics, and their effects on the human system, in connection with the various divisions of physiology and hygiene, shall be in- cluded in the branches to be regularly taught in the common schools of the state, and in all educational institutions sup- ported wholly, or in part, by money from the state ; and it shall be the duty of boards of education, and boards of such educational institutions to make suitable provisions for this instruction in the schools and institutions under their respec- tive jurisdiction, giving definite time and place for this branch in the regular course of study ; and to adopt such methods as will adapt the same to the capacity of pupils in the various grades; and to corresponding classes as found in ungraded schools; the same tests for promotion shall be required in this as in other branches. (94 v. 396; 85 v. 213.) §220. [Instruction required in teachers' institutes and teachers' training schools; teachers' certificate must contain; § 221 GUIDE FOE OHIO SCHOOL OFFICERS. 248 enforcement of law.] (§4020-24.) Sec. 2. In all teachers' institutes, also in all normal schools and teachers' training classes which shall hereafter be established by the state, ade- quate time and attention shall be given to instruction in the best methods of teaching this branch. No certificate shall be granted to any person to teach in the common schools or in any educational institution supported as aforesaid who does not pass a satisfactory examination on this subject, and the best methods of teaching the same. It shall be the duty of the state commissioner of common schools to see that the pro- visions in this section relating to county teachers' institutes, and schools and classes by whatever name hereafter estab- lished for training teachers, and the examination of teachers, are carried out ; and said commissioner shall, each year, make full report of the enforcement of said section in connection with his anual report. (94 v. 396; 85 v. 213.) §221. [Penalty for failure to enforce law; jurisdiction of courts.] (§ 4020-25.) Sec. 3. Any school official, or any em- ploye in any way concerned, in the enforcement of the act, who wilfuU}'' refuses or neglects to provide for, or to give the instruction required by this act, shall be fined, and shall pay for each offense the sum of twenty-five dollars. Mayors, justices of the peace and probate judges shall have concurrent jurisdiction with the common pleas court to try the offenses described in this act and all fines, or penalties, collected under this act shall be paid into the general county school fund of the county in which such fine or penalty was collected. (94 V. 396; 85 V. 213.) "The duty of the boards of education to make provision for instruction in the nature of "alcoholic drinks and narcotics, and their effects on the human system, in conection with the sub- jects of physiology and hygiene, is imperative, and if these boards neglect this duty, they may be compelled to its perform- ance by a writ of mandamus. "It is evidently the intent of the law that physiology and hygiene, as well as the nature of alcoholic drinks and narcotics, shall be taught to all youth attending the common schools, from the infants entering school for the first time up to the senior class in the high school; and it is left to the ingenuity of boards of education and teachers to devise the kind of in- struction that will be comprehensible to each class of minds 249 PUPILS SENT FROM ONE DISTRICT TO ANOTHER. §§222,223 in this wide range. As to whether this teaching shall be done or not, neither boards nor teachers are allowed any discretion. It is a compulsory law of the most iron-clad character. ''The penalty of dismissal from emploj^ment can not in equity be inflicted on superintendents, principals and teachers for not giving the instruction r«iquired by the above act, until after the board of education has made proper provision for such instruction." (Ohio School Law.) §222. [German language taught, how.] (§4021.) Boards of education are authorized to provide for the teaching of the German language in the elementary and high schools of the district over which they have control, but said language shall only be taught in addition to, and as auxiliary to, the English language ; all the common branches In the public schools shall be taught in the English language, (97 v. 364.) § 223. [Pupils may be sent from one district to another.] (§4022.) The board of any district may contract with the board of any other district for the admission of pupils into any school in such other district, on such terms as may be agreed upon by such boards; and the expense so incurred shall be paid out of the school funds of the district sending such pupils. (73 v. 243, § 64.) 1. The contract authorized by section 4022 (§ 223), Re- vised Statutes, for the admission of pupils from one district to the school of another, is an express contract, to be made between the boards of education of the two districts. 2. The attendance of such pupils in the school of such other district, without objection by either board, creates no liability against the board in whose district such pupils reside. 3. Said section of the statute provides that the board of education may contract for the admission of such pupils, ''on such terms as may be agreed upon by such boards." This evidently means an express agreement, evidenced by action of the board, and not a mere silent acquiescence. (The Board of Education v. The Board of Education, 49 0. S., 1893.) "This is, of course, in no sense a transfer of the child, and as certainly not of his parents, to the district or sub-district in which he is permitted to attend school for pay. "The tuition agreed upon is to be paid on the proper order of the clerk of the board of education which sends the child, to the treasurer of the district to which he is sent (see last clause of section 4047 f§ 267]), and it is to be disbursed by the board of this district. Neither local directors, individual members of the board of education, superintendents, nor teach- ers can retain or disburse it. "Such contracts are not authorized to be made by local di- § 224 GUIDE FOR OHIO SCHOOL OFFICERS. 250 rectors. As to pupils residing in one sub-district and seeking to attend school in other sub-districts, township boards 'shall,' as we have seen under section 4013 (§ 201), 'make such assign- ment of the youth of their respective districts to the schools established by them, as will, in their opinion, best promote the interests of education in their districts.' Under that sec- tion, there is, of course, no provision for paying tuition. Sec- tion 4017 (§ 206) puts 'in the boards of education the man- agement and control of all the public schools of the district, subject only to the provisions of section 4018 (§ 208).' Be- sides this, the local board has no control of money with which to pay tuition," (Ohio School Law.) Sub-districts are not legal entities and have not the power to sue or be sued as corporations and can not sue for tuition, etc. Woodlawn School District v. Everdale Special School District, Hamilton Com. Pleas, April 22, 1907. § 224. [Attendance when pupils live over on and one-half miles from school; payment of tuition, how computed.] (§ 4022a.) When pupils live more than one and one half miles from the school to which they are assigned in the district in which they reside, they are entitled to attend a nearer school in the same district, or if there be no nearer school in said district, they may attend the nearest school in another school district, in all grades below the high school, and in such eases the board of education of the district in which they reside shall be compelled to pay the tuition of such pupils without an agreement to that effect, but a board of education shall not collect tuition for attendance as provided herein until after notice of such attendance shall have been given to the board of education of the district where the pupils reside, but noth- ing contained herein shall be construed to require the consent of the board of education of the district where the pupils reside, to such attendance ; said tuition shall be paid from either the tuition or the contingent funds and the amount per capita shall be ascertained by dividing the- total expenses of conducting the elementary schools of the district attended, exclusive of permanent improvements and repairs, by the total enrollment in the elementary schools of the district, said amount to be computed by the month and an attendance may part of a month shall create a liability for the whole month. When the schools of a district are centralized or transporta- tion of pupils provided, the provisions of this section shall not appl.y. (97 v. 334.) A board of education of a school district is not required to admit children to a school outside of the district in which they reside, unless the school in their own is more than one and a half miles from their residence and more remote from their residence than the school to which admission is sought. State, ex rel., v. Bd. of Ed., Supreme Ct, May 7, 1907. 251 SCHOOL-CHILD MAY x^TTEND. § 224 Comment. — The above section is somewhat different from the original (90 v. 295), in this, that is gives the pupil the absolute right to attend a school provided only, that such school is nearer than his own school, and that he is more than one and one-half miles from the school to which he properly belongs. The former section used some language which might be construed to limit this right and require a permission of both schools affected. In the case of Board of Education v. Board of Education, 2 N. P., 256, the court of common pleas gave it this construction. In the higher court it was held that the assent of the school board within the district where the pupil resided was not required, but the question whether or not permission must be first acquired from the school board where the pupil desired to attend, outside of his district, by the facts of that case, was not decided. The higher courts merely held that the consent of the Board of Education of the school within the child's own district was not required. The Board of Education v. Board of Education, 10 C. C. 617, affirmed, 54 0. S.. 643. In this case, however, it was held that the distance of the child's residence is one and one-half miles, by the most direct highwav (see Board of Education v. Board of Education, 58 0. S., 390) from the school house to the child's residence. The only limitation put upon the power of the board of education to collect tuition for such attendance is that it must give notice to the board of education of the district where the pupil resides, but this does not affect the right which seems to be an absolute one of the pupil attending such school. In the ease above cited (10 C. G., 617) the court gives the following as its idea for the existence of the law: ''It seems clear that the object of the supplementary section was to obviate a well known inconvenience, due to the ar- rangement of sub-districts and the location of school houses in many parts of the state, it being the purpose of the legis- lature to provide for school children, who, if confined to their own districts, would be required to travel an inconvenient and burdensome distance, by giving them to right to attend a more convenient school in an ad.joining district, independ- ently of any contract between the respective boards of edu- cation." The above section has been declared unconstitutional by the circuit court of Hamilton County, as it does not have a universal operation as to all children in the same condition or category, and therefore contravenes section 26, article 2, of the Constituion, which provides ''that all laws of a general nature shall have a universal operation throughout the state." (Cincinnati School District v. Oakley District, 27 C. C, 824.) This decision was reversed on other grounds. (74 0. S., 477.) § 225 GUIDE FOR OHIO SCHOOL OFFICERS. 252 §225. [In what branches children must be taught; neces- sary time of attendance; excuse; appeal in case of refusal to excuse.] (§4022-1.) All parents, guardians and other per- sons who have care of children, shall instruct them, or cause them to be instructed in reading, spelling, wHting, English grammar, geography and arithmetic. Every parent, guardian or other person having charge of any child between the ages of eight and fourteen 3^ears shall send such child to a public, private or parochial school, for the full time that the school attended is in session, [Length of required attendance.] which shall in no ease be for less than twenty-four weeks, and said attendance shall begin with the first week of the school term, un- less the child is excused from such attendance by the su- perintendent of the public schools, in city or other districts having such superintendent, or bj" the clerk of the board of education in village, special and township districts not having such superintendent, or by the principal of the private or parochial school, upon satisfactory showing, either that the bodily or mental condition of the child does not permit of its attendance at school, or that the child is being instructed at home by a person qualified, in the opinion of the superin- tendent of schools in city or other districts having such su- perintendent, or the clerk of the board of education in special, village and township districts not having such superintendent, to teach the branches named in this section. In case such su- perintendent, principal or clerk refuse to excuse a child from attendance at school, an appeal may be taken from such de- cision to the probate judge of he county, upon the giving of a bond, within ten days after such refusal to the approval of said judge, to pay all the cost of the appeal, and the decision of the probate judge in the matter shall be final. [Age of pupils.] All children between the ages of fourteen and sixteen years, not engaged in some regular employment, shall attend school for the full term the schools of the district in which they reside are in session during the school year, unless excused for [the] reasons above named. Any parent, guardian, or other person, having care of a child between the ages of eight and fourteen years, who shall, in violation of the provisions of this section, fail to place such child in school at the com- 253 BRANCHES TO BE TAUGHT. § 225 mencement of the annual school term within the time pre- scribed in this section, shall upon conviction be fined not less than five dollars nor more than twenty dollars. [Against parent.] And upon the failure or refusal of any such parent, guardian, or other person to pay said fine, then said par- ent, guardian, or other person shall be imprisoned in the county jail not less than ten days nor more than thirty days. (95 V. 615; 90 V. 285; 86 v. 333; 89 v. 389; 87 v. 316, 143.) Importance of Law. — This compulsory law is one of the most important educational measures of the last twenty-five years. While the law as it now exists in its amended form is easy of interpretation, its success will depend largely iipon the interest taken in it by school superintendents, teachers and boards of education. Teachers should never forget that the treatment of the pupil after he has been compelled to attend school is a powerful factor in successfully carrying out the true spirit of this law. (Com.) School "Week. — "According to the statute (section 4016 [§ 205]) a school week consists of five days. And as this sec- tion says that children between eight and fourteen years shall be sent to school in city districts not less than twenty weeks in each year, and in other districts not less than sixteen weeks, the obvious and rational meaning is that children in the former districts must be in actual attendance at school not less than one hundred daj^s, and in the other districts not less than eighty days in the year. Any other interpretation of this act might readily work to defeat the whole purpose of the law, for pupils might be on the roll twenty or sixteen weeks and not be in attendance more than half the time, as 'enrollment' is frequently defined. From the spirit that breathes through this whole compulspry act, it is evident that a proper con- struction of its language should always, in doubtful cases, be in favor of the education of that class of youth for whose benefit, the law was specially made. ''It will be seen that no mention is made in this act of the teaching of United States history and physiology and hygiene. The law is mandatory, of course, as to the branches mentioned in it, but as pupils to be affected by the act must necessarily be classified with pupils studying the additional branches jvist named, it would be an unreasonable interpretation of the law to hold that instruction in these branches it prohibited by it to any of the pupils thus classified together. Of the value of such instruction no intelligent person can entertain a doubt." (Ohio School Law.) § 225 GUIDE FOR OHIO SCHOOL OFFICERS. 254 Law Constitutional. — Prior to the last week of April, 1890, the clerk of the board of education of Toledo, Ohio, act- ing under the provisions of section 11, furnished through the truant officer the proper blanks to the Rev. Patrick F. Quigley, a Catholic priest in charge of St. Francis De Sales parish of such city, and by virtue of his pastorate the principal of the parochial schools of the parish, and requested him to report the names of the pupils of such schools, the date of birth, the num- ber of days present, the number of days absent, the number of days truant, and their residence. Dr. Quigley received the blanks, but refused to make the re- port required by the law. For this willful refusal to make the reports required by law, the Doctor was indicted at the April term, 1890, of the court of common pleas of Lucas county, and in May, 1891, was tried and convicted. A motion in arrest of judgment was argued before Judge Pugsley and overruled. The syllabus of his decision is as follows : "1st. The neglect of the principal of a school to make the report required by section 11 of the act of April 25, 1890, is an offense against the act, and is punishable by a fine as pre- scribed in section 13. "2d. Said offense is within the jurisdiction of the court of common pleas, and may be prosecuted by indictment." To reverse the judgment of the common pleas, error was prosecuted to the circuit court. The syllabus of the decision of the circuit court (Scribner, Haynes and Bentley, JJ.), rendered by Judge Haynes, is as follows : The statute passed by the General Assembly of the State of Ohio, April 25, 1890, entitled "An act to compel children un- der fourteen years of age to attend school a certain length of time each year": Held to be constitutional. The provisions of section 11 of said statute apply to the principals and teachers of parochial schools, such schools being included in the term "private schools." 1st. The proviso to section 9 of the act is: "Provided that this law shall not be operative in any school district where there are not sufficient seating accommodations to seat children compelled to attend school under the provisions of this act": Held, the provision does not require the furnishing of seating accommodations for children attending private schools. jIqIcI — further, that the burden of proving that there was not sufficient seating capacity was incumbent, in the first in- stance, upon the defendant; but upon the whole evidence the burden of proof remains with the prosecution. Section 13 of the act, as amended, does not give mayors, justices of the peace and probate judges exclusive jurisdiction 255 COMPULSATORY ATTENDANCE. § 226 to try persons or officers for neglecting to perform duties re- quired of them under said act, but the jurisdiction conferred upon them is concurrent with that of the court of common pleas. In criminal prosecutions the state has a right to de- mand and have a struck jury to try the case. . . . To reverse the judgments of the common pleas and circuit courts, Father Quigley prosecuted proceedings in error in the supreme court of the state. . . . On May 10, 1892, the Supreme Court, by a unanimous bench, affirmed the judgments of both the lower courts, thus establish- ing the validity and constitutionality of the compulsory educa- tion law, and the jurisdiction of the common pleas co»rt to try and punish the offense upon indictment. (Quigley v. State, 5 C. C, 638; affirmed by Supreme Court, 27 Bull., 332.) § 226. [Employment of children under sixteen years of age; penalty.] (§4022-2.) No child under sixteen years of age shall be employed or be in the employment of any person, company or corporation during the school term and while the public schools are in session, unless such child shall present to such person, company or corporation an age and schooling certificate herein provided for. An age and schooling certifi- cate shall be approved only by the superintendent of schools, or by a person authorized by him, in city or other districts having such superintendent, or by the clerk, of the board of education in village, special and township districts not hav- ing such superintendent, upon a satisfactory proof of the age of such minor and that he has successfully completed the stud- ies enumerated in section 4022-1 (§ 225) of the Revised Stat- utes of Ohio; or if between the ages of fourteen and sixteen years, a knowledge of his or her ability to read and write legibly the English language. The age and schooling certifi- cate shall be formulated by the state commissioner of common schools and the same furnished, in blank, by the clerk of the board of education. Every person, company or corporation employing any child under sixteen years of age, shall exact the age and schooling certificate prescribed in this section, as a condition of employment and shall keep the same on file, and shall upon reqeust of the truant officer herein provided for, permit him to examine such age and schooling certificate. Any person, company or corporation, employing any minor contrary to the provisions of this section shall be fined not §§ 226a, 226 & guide for ohio school officers. 256 less than twenty-five nor more than fifty dollars. (April 25, 1904 ; 95 V. 616 ■ 90 v. 285 ; 86 v. 334, § 2.) OTHER SECTIONS OF REVISED STATUTES RELATING TO CHILD LABOR. §226a. [Child employed in factory, etc.] (§6986-7.) No child under the age of fourteen years shall be employed in any factory, workshop, mercantile or other establishment, di- rectly or indirectly; and no child under fourteen years of age shall be employed at any work performed for wages or other compensation, or in assisting any person employed as a wage- earner, when the public schools in which district such child resides are in session. (93 v. 123.) § 2265. [Child employed in mine,] (§ 302.) No child un- der fifteen years of age shall be allowed to work in any mine, during the school term of the public schools in the district in which such minor resides, and no child under fourteen years of age shall be employed in any mine during the vacation interim of the public schools in the school district in which such minor resides, and in all cases of minors applying for work the agent of such mine shall see that the provisions of this section are not violated ; he shall also keep a record of all minors employed by him, or by any person employed in said mines, giving the name, age, place of birth, parents' name and residence, with character of employment, and he shall demand from such minor proof that he has complied with the require- ments of the school laws ; and it shall be the duty of the mine inspector to inspect such record and to report to the chief inspector of mines the number of minors employed in or about such mines and to enforce the provisions of this section. (94 V. 181.) Notice to Employers of Youth. To [Here insert name of person, company or corporation] : Your attention is respectfully called to sections 4022-2, 4022-3, 4022-5 and 4022-11, 6986-7, R. S., to compel the elementary education of children. In compliance with the provisions of this act, you are requested to return to me on this blank the names, ages and add residences of all minors under fourteen years of age employed by you, also all mJnors between fourteen and sixteen years of age, and to state whether you 257 LAWS AGAINST CHILD LABOR. 2266 have a certificate from the superintendent of schools, or clerk of the board of education that authorizes you to employ such minors. Clerk of Board of Education. Names of Minors. Age. Residence. Certificate — Yes or No. In cities this notice may be signed by the superintendent of schools. This certificate must be kept on file until the youth reaches the age of sixteen years and must be accessible to the Truant Officer and the Inspector of Factories at all times. Age and Schooling Certificate. (For minors under sixteen years of age. Employed at Labor.) This certifies that I am the of and that was (Parent or guardian) (Name of child) born at in the county of , state of , on the day of , 19 . ., and is now years, months old. (Name of parent or guardian.) The said having satisfactorily vertified the foregoing state- (Name of parent or guardian) ment, I hereby approve the above certificate of ; height, ...... (Name of child) feet inches; complexion, ; hair ; having no suf- ficient reason to doubt that is of the age herein certified. I hereby certify that can read at sight and write legibly (Name of child) simple sentences in the English language. This certificate belongs to , and is to be surrendered to (Name of child) whenever leaves the services of the person, company or corpo- ration holding the same; but if not claimed by said child within thirty days from such time, it shall be returned to the superintendent of schools. Signature : , , 190. . Supt. of Schools. §§227,228 GUIDE FOR OHIO SCHOOL OFFICERS. 258 § 227. [Attendance of minors in certain cases ; employment of such minors; penalty.] (§4022-3.) All minors over the age of fourteen and under the age of sixteen years, who can not read and write the English language shall be required to attend school as provided in section 4022-1 (§ 223) of the Revised Statutes of Ohio, and all the provisions of said section shall apply to said minors; provided, that such attendance shall not be required of such minors after they have secured a certificate from the superintendent of schools, in districts having superintendents or the clerk of the board of education in districts not having superintendents, that they can read and write the English language. No person, company or corpora- tion shall employ any such minor during the time schools are in session, or having such minor in their employ shall imme- diately cease such employment, upon notice from the truant officer who is hereinafter provided for. Every person, com- pany or corporation violating the provisions . of this section shall be fined not less than twenty-five nor more than fifty dollars. (95 v. 617; 90 v. 286; 86 v. 334; §§ 3, 4; 87 v. 143.) §228. [Juvenile disorderly persons.] (§4022-4.) Every child between the ages of eight and fourteen years, and every child between the ages of fourteen and sixteen years unable to read and write the English language, or not engaged in some regular emploj^ment, who is an habitual truant from school, or who absents himself habitually from school, or who, while in attendance at any public, private or parochial school, is incorrigible, vicious or immoral in conduct, or who habit- ually wanders about the streets and public places during school hours having no business or lawful occupation, shall be deemed a juvenile disorderly person, and be subject to the provisions of this act. (95 v. 617; 90 v. 286; 86 v. 335, § 5 ; 90 V. 57; 88 V. 136.) To Whom Statute Applies. Vicious and immoral. Habitual Truancy, etc. Habitual "Wandering About Absents Itself Habitually. the Street. Incorrigible. To Whom Statute Applies. — Every child between the ages of eight and fourteen years who does not comply with the law is included within the terms of the statute, and every 259 WHO IS JUVENILE DISORDERLY, § 228 child between fourteen and sixteen years, if unable to read and write the English language, is included, and every child between the ages of fourteen and sixteen years of age if able to read and write, but who is not engaged in some regular employment will come within the terms of the statute. Habitual Truancy, etc. — The statute gives a number of acts which will constitute a sufficient reason to cause a child to be considered a juvenile disorderly person subject to pun- ishment. The first is, habitual truancy. "Habitual" means a constant and frequent re-occurrence of the same act and it may be a matter of some difficulty to always determine just what will constitute "habitual truancy." If a child should be absent but one day in a month it might be doubted whether this would come within the meaning of the term. But if he should be absent one day every week or one day every two weeks and kept this up for some four or six weeks without a good and sufficient cause he might be considered as habitual truant. Even if he were only absent once a month, if he kept up the habit for four or five months he might be considered as an habitual truant. If he should absent himself a half a day each week for three or four weeks, I should likewise consider him an habitual truant. In the absence of more definiteness upon this question it might be well for the board of education to pass a rule stipu- lating what should be considered as habitual truancy. Absents Itself Habitually. — This term would seem to in- clude the same as an habitual truant and adds nothing par- ticularly to the statute. Incorrigible. — The pupil need not absent himself from school in order to come within the above statute, if while at school he is incorrigible, vicious or immoral he may be punished. The word "incorrigible" generally means incapable of being corrected or reformed. So if a pupil while in school would show such obstinacy that the teacher would be unable to cause him to cease his objectionable habits, he Avould come within this term. Thus if a pupil would absolutely refuse to study or get his lessons, or attend to anything properly re- quired of him, and the teacher could not compel him to attend to such matters he would be incorrigible. Vicious and Immoral. — The word "vicious" no doubt in the statute means that the child should be guilty of acts that are harmful to others, such as beating another child in the school or injuring the teacher, or needlessly breaking school furniture or destroying his books or the property of other children. "Immoral" means a commission of an act that is hostile to § 229 GUIDE FOR OHIO SCHOOL OFFICERS. 260 the welfare of the general public or one that Is inconsistent with moral rectitude ; contrary to the moral or divine law, and sometimes is used synonymously with vicious," but in this statute probably means any lewd conduct towards his fellow pupils, swearing, stealing, obscene conduct and various mat- ters of that kind, and particularly such as would destroy the morality of the school or affect a proper discipline of the pupils drinking intoxicants, chewing tobacco, smoking cigar- rettes and matters of that character might properly be held to come within this term. Habitual Wandering About the Street. — But even if a child under the age of sixteen years were not an habitual truant nor guilty of any of the above charges, if he wandered about the streets habitually, and public places during school hours, having no business or occupation, he would come within the terms of the above act and be considered a juvenile disorderly person. §229. [Truant officers; powers and duties.] (§4022-5.) To aid in the enforcement of this act, truant oiScers shall be appointed and emploj'-ed as f oUoavs : In city districts the board of education shall appoint and employ one or more truant officers ; in special, village and township districts the board of education shall appoint a constable or other person as truant officer. The compensation of the truant officer shall be fixed and paid by the board appointing him. The truant officer shall be vested with police powers, the authority to serve warrants, and shall have authority to enter workshops, factories, stores and all other places where children may be employed, and do what- ever may be necessary, in the way of investigation or other- wise, to enforce this act; he is also authorized to take into custody the person of any youth between eight and fourteen years of age, or between fourteen and sixteen years of age when not regularly employed or when unable to read and write the English language, who is not attending school, and shall conduct said youth to the school he has been attending, or which he should rightfully attend. The truant officer shall institute proceedings against any officer, parent, guardian, per- son or corporation violating any provisions of this act, and shall otherwise discharge the duties described in this act, and perform such other services as the superintendent of schools or the board of education may deem necessary to preserve the morals and secure the good conduct of school children, and 261 TRUANT OFFICER, ' § 229 to enforce this act. The truant officer shall keep a record of his transactions for the inspection and information of the su- perintendent of schools and the board of education; and he shall make daily reports to the superintendent of schools dur- ing the school term in districts having superintendents, and to the clerk of the board of education in districts not having superintendents, as often as required by him. Suitable blanks for the use of the truant officer shall be provided by the clerk of the board of education. (95 v. 617; 90 v. 286; 86 v. 335, § 6;87v. 325, 144.) Appointment of Truant Officer, etc. — ^While the above section is somewhat differently worded in reference to the persons who should be appointed truant officer, yet they are practically the same. The board should exercise considerable care in this selection, for the statute invests the officer with police power, and therefore he should be one who is possessed of sufficient discretion to properly exercise such power, and especially should be a person who will fearlessly, but not in a meddling manner, enforce the statute. My judgment would be, that he is an officer within the general meaning of that term, and should take an oath of office before entering upon the discharge of his duties. The provision seems to be man- datory upon the board of education, for it uses the word ''shall appoint." It does not limit his term of service and therefore the board when making the appointment should provide for the length of his services. In no case could he act longer than the term of the board which elected him, and in all cases he could be removed at any time that the board would think proper. There seems to be no limitation upon the vote requi- site to elect such officer and therefore the same would be controlled by the ordinarily parliamentary rules in the ab- sence of any special rule of the board to the contrary. The statutes specifically point out his duties and requires particu- larly that he shall keep a record of his transactions. Report of Truant Officer. To the Clerk of the Board of Education of County, Ohio: In compliance with your requirements, I hereby submit my report for , 190.., as shown below. Truant Officer of said Township. 230 GUIDE FOR OHIO SCHOOL OFFICERS. 262 Name of Truant or Non- Attendant "Warning Sent Notification of Non- Attendance Sent Complaint Entered on Refusal, Fail- ure or Neglect Complaint Entered of Juvenile Disorderly Reported 1 1 § P 43 13 P §230. [Report of principal and teachers.] (§4022-6.) It shall be the duty of all principles and teachers of all schools, public, private and parochial, to report to the clerk of the board of education of the city, special, village and township district in which the schools are situated, the names, ages and residences of all pupils in attendance at their schools, together with such other facts as said clerk may require in order to facilitate the carrying out of the provisions of this act, and the clerk shall furnish blanks for such purpose, and such re- port shall be made during the last week of each month from September to June inclusive of each year. It shall be the further duty of such principals and teachers to report to the truant officer, the superintendent of public schools, or the clerk of the board of education, all cases of truancy or in- corrigibility in their respective schools as soon after these offenses have been committed as practicable. (95 v. 618; 90 v. 287.) 263 TRUANCY — PROCEEDINGS AND PENALTIES. § 231 §231. [Proceedings in case of truancy; penalties.] (§ 4022-7.) Ou the request of the superintendent of schools or the board of education, or when it otherwise comes to his notice, the truant officer shall examine into any case of truancy within the district and warn the truant and his parents, guard- ian or other person in charge, in writing, of the final conse- quences of truancy if persisted in. When any child between the ages of eight and fourteen years, or any child between the ages of fourteen and sixteen years who can not read and write the English language or who is not regularly employed, is not attending school, in violation of the provisions of this act, the truant officer shall notify the parent, guardian or other per- son in charge of such child, of the fact, and require such parent, guardian or other person in charge, to cause the child to attend some recognized school within two days from the date of the no- tice ; and it shall be the duty of the parent, guardian or other person in charge of the child so to cause its attendance at some recognized school. Upon failure to do so, the truant officer shall nized school. Upon failure to do so, the truant officer shall make complaint against the parent, guardian or other person in charge of the child, in any court of competent jurisdiction in the city, special, village or township district In which the offense occurs, for such failure, 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 one hundred dollars with sureties to the approval of the court, conditioned that he or she will cause the child under his or her charge to attend some recognized school within two days thereafter, and to remain at such school during the term prescribed by law ; and upon the failure or refusal of any such parent, guardian or other person to pay said fine and costs or furnish said bond accord- ing to the order of the court, then said parent, guardian or other person shall be imprisoned in the county jail not less than ten days nor more than thirty days. (95 v. 618; 90 v. 287; 86 V. 336, §§ 8, 9.) § 231 GUIDE FOR OHIO SCHOOL OFFICERS. 264 Notice to Parent or Guaridan. state of Ohio, County, ss.: To You are hereby notified that a child between the ages of and years, under your cliarge, is not attending scliool; that such non-attendance is in direct violation of the law and without legal excuse. You are hereby required to cause said child to attend some recog- nized school within two days from the date of this notice, and you are warned that if the truancy of said child is persisted in, the final conse- quences will be as provided by law, as indorsed hereon. Witness my hand this day of , 19. . Truant Officer, school district, county, Ohio. Print sections 4022-7 and 6986-7, R. S., on reverse side of form. Notice to Truant. state of Ohio, County, ss. : To , a child between the ages of and years. You are hereby notified that you are and will be required to attend some recognized school within two days from the date of this notice, and you are hereby warned that if this notice is not complied with, the final consequences will be as provided by law as indorsed hereon. Witness my hand this ...... day of , 19 . . Truant Officer. school district, county, Ohio. Print section 4022-8 in full on reverse side of form. Complaint Against Parent or Guardian. To , of ; I, duly appointed according to law by the board of education township,* county, Ohio, as truant officer of said town- ship,* hereby make complaint that is of, and has legal charge and control of , a minor, between the ages of and j^ears : That the said is, under the construction of the law, a juvenile disorderly person: That in accordance with the statutes in such cases made and pro- vided, I did on the day of , 190. ., notify the said that the said was not attending any school, and requiring that the said should cause the said to attend some recognized school within five days from the date of said notice: That the said has failed to comply with said requirements of said notice, as provided by law in such cases. In witness whereof, I have hereunto set my hand this day of , 190.. Truant Officer of Township,* County, Ohio. 265 COMPLAINT AGAINST TRUANT. § 231 Complaint Against Juvenile Disorderly Person. , Ohio, 190.. To , of ; I, , duly appointed according to law, by the hoard of education of township,* county, Ohio, as truant officer of said town- ship,* hereby make the following" complaint: That in accordance with the statute in such cases made and pro- vided, I did, on the day of , 190 . . , notify , the of , and having legal charge and control of , a minor, be- tween the ages of and years, that the said was not attending any school, and requiring that the said should cause the said to attend some recognized school within five days from the da.e of the said notice: That the said having failed to comply with the requirements of said notice, I made complaint as provided by law in such cases. Now, whei^eas, the said having proved inability to cause the said to attend said recognized school, I hereby make such cases made and provided. complaint that the said is a juvenile disorderly person within the meaning of the statute, and subject to the penalties of the law in In witness whereof, I have hereunto set my hand this day of 190.. Truant Officer of Township,* County, Ohio. Warrant for the Arrest of a Juvenile Disorderly Person. The State of Ohio, County, ss: To , Truant Officer {or any Constable or Policeman) , greeting: Whereas, there has been filed with me an affidavit, complaining that, under the provisions of an act passed by the General Assembly, April 15, 1889, to compel children under fourteen years of age to attend school a certain length of time each year, is a juvenile disorderly person: these are, therefore, to command you to take the said and safely keep so that you have body forttiwith before me, or any court of competent jurisdiction in said county, to answer the said com- plaint, and be further dealt with according to law. Given under my hand, this day of , 190. . (Here write name of office.) Commitment. state of Ohio, County Toionship (Village, District or City), ss.: By (name of office), to any truant officer (constable or police- man) for the said township (city or village) : These are to command you in the name of the people of the state of Ohio to take and convey to (here insert the name of the juvenile reformatory or county children's home) the body of , who, being charged before me on the oath of , truant officer, with being a juvenile disorderly person, under this act, I caused the said to be brought before me on said charge, and I proceeded to inquire into * "Village district" or the name of the city may be written in these places instead of township. § 232 GUIDE FOR OHIO SCHOOL OFFICERS. 266 the matter in his presence, and, having duly considered the said mat- ter, was convicted on competent testimony of being a juvenile disorderly person. And I, having been satisfied by sufficient proof that the said is a child between the ages of eight and fourteen years and is of the age of years, having sufficient bodily health and mental capac- ity to render attendance and instruction at some public or private school expedient and practicable, was adjudged by me to be a proper subject to be committeed to the Now, therefore, you (here insert name of office) are hereby com- manded to receive the said , who is hereby committeed by me to your care in said county children's home (or juvenile reformatory), there to be restrained and detained and sent to school until such child shall arrive at the age of sixteen years, unless sooner discharged by the board of trustees of said home (or reformatory). Given under my hand and seal this day of , in the year of our Lord one thousand nine hundred and [seal.] (Here insert the name of office.) §232, [Proceedings against juvenile disorderly persons.] (§ 4022-8.) If the parent, guardian or other person in charge of any child shall, upon the complaint under the last section for failure to cause the child to attend a ercognized school prove inability to do so, then he or she shall be discharged, and thereupon the truant officer shall make complaint that the child is a juvenile disorderly person within the meaning of section 4022 (§ 228) of the Revised Statutes of Ohio. If such complaint be made before any mayor, justice of the peace, or police judge, it shall be certified by such magistrate to the probate judge. The probate judge shall hear such com- plaint, and if he determine that the child is a juvenile disor- derly person within the meaning of section 4022-4 (§ 228) of the Revised Statutes of Ohio, he shall commit the child if under ten years of age, and eligible for admission thereto, to a children's home, or if not eligible, then to a house of refuge if there be one in the county or to the boys' industrial school or the girls' industrial home, or to some other juvenile re- formatorj^ No child over ten years of age shall be committed to a county children's home, and any child committed to a children's home, may on request of the trustees of such home and it being shown that it is vicious and incorrigible, be trans- ferred by the probate judge to the boys' industrial school or the girls' industrial home. A child committed to any juvenile reformatory under this section, shall not be detained there beyond the age of sixteen years and may be dischars'ed sooner 267 RELIEF TO INDIGENT CHILD. § 233 by the trustees under the restrictions applicable to other in- mates. Any order of committment to a juvenile reformatory may be suspended, in the discretion of the probate judge, for such time as the child may regularly attend school and properly conduct itself. The expense incurred in the transpor- tation of a child to a juvenile reformatory and the costs in the case in which the order of committment is made, or the child discharged, or in which judgment is suspended, shall be paid by the county where the offense was committed, after the manner provided in section 759 of the Revised Statutes of Ohio. Provided, further, that if for any cause the parent, guardian or other person in charge of any juvenile disorderly person as defined in section 4022-4 (§ 228) of the Revised Statutes of Ohio, shall fail to cause such juvenile disorderly person to attend a school, then complaint against such juve- nile disorderly person shall be made, heard and determined in like manner as provided«in case the parent proves inability to cause such juvenile disorderly person to attend school. (95 V. 619; 90 V. 288; 86 v. 337, § 8 ; 87 v. 325, 144.) § 233. [Relief to enable child to attend school required time.] (§ 4022-9.) When an,y truant officer is satisfied that any child, compelled to attend school by the provisions of this act, is unable to attend school because absolutely required to work, at home or elsewhere, in order to support itself or help support or care for others legally entitled to its services, who are unable to support or care for themselves, the truant officer shall report the case to the authorities charged with the relief of the poor, and it shall be the duty of said officers to afford such relief as will enable the child to attend school the time each year required under this act. Such child shall not be considered or declared a pauper by reason of the ac- ceptance of the relief herein provided for. In case the child, or its parents or guardian, refuse or neglect to take advantage of the provisions thus made for its instruction, such child may be committed to a children's home or a juvenile reformatory, as provided for in section 4022-8 (§ 232) of the Revised Stat- utes of Ohio. In all cases where relief is necessary it shall be the duty of the board of education to furnish text-books free of charge and said board may furnish any further relief it may deem necessary, the expenses incident to furnishing said § 234 GUIDE FOR OHIO SCHOOL OFFICERS. 268 books and the relief to be paid from the contingent funds of the school district. (95 v. 620; 90 v. 289; 86 v. 337, § 8.) "The spirit of this law is a liberal one, and the evident pur- pose of the act is that no child in Ohio, however poor and hum- ble, shall fail to receive the rudiments of a school education. Where night school are established, they can be made available for the instruction of the class of children described in this section. The import of the last part of the section seems to be that the superintendent of schools or the board of educa- tion may, after all other means have been exhausted, pay the expense of the private tuition of these poor children out of the public school fund. (Ohio School Law.) See §239 (§4026). § 234. §As to institution of deaf and dumb or institution for blind.] (§4022-10.) The provisions of this act shall ap- ply to children entitled under existing statutes, to attend school at the instituion for the d^f and dumb or the institu- tion for the blind, so far as the same are properly enforcible. Truant officers shall, within sixty days after the passage of this act, and annually between the first day of July and the first day of August, report to the probate judge of their re- spective counties the names, ages and residence of all such children between the ages of eight and eighteen years, with the names and postoffiee address of their parents, guardians or the persons in charge of them; also a statement whether the parents, guardians or person in charge of each child is able to educate and is educating the child, or whether the interests of the child will be promoted by sending it to one of the state institutions mentioned. Upon information thus or other- wise obtained, the probate judge may fix a time when he will hear the question whether any such child shall be required to be sent for instruction to one of the state institutions men- tioned, and he shall thereupon issue a warrant to the proper truant officer or some other suitable person, to bring the child before such judge at his office at the time fixed for the hear- ing; and shall also issue an order on the parents, guardian or person in charge of the child to appear before him at such hearing, a copy of which order, in writing, shall be served personally on the proper person by the truant officer or other person ordered to bring the child before the judge. If, on the hearing, the probate judge is satisfied that the child is 269 PENALTIES AGAINST CORPORATION. § 235 not being properly educated at home, and will be benefited by attendance at one of the state institutions mentioned, and is a suitable person to receive instruction therein, he may send or commit such child to such institution. The cost of such hearing, and the transportation of the child to such institution shall be paid by the count}^ after the manner provided, where a child is committed to a state reformatory under section 4022-8 (§ 232) of the Revised Statutes of Ohio; provided noth- ing in this section contained shall be construed to require the trustees of either of the state institutions mentioned, to receive any child not a suitable subject to be received and instructed therein, under the laws, rules and regulaitons gov- erning such institutions. (95 v. 620; 90 v. 289; 86 v. 337, § 8.) §235. [Penalties; jurisdiction; violations by corporations; disposition of fines collected; employment of attorney; com- pensation.] (§4022-11.) Any officer, principal, teacher or other person mentioned in this act, neglecting to perform any duty imposed upon him by this act, shall be fined not less than twenty-five dollars nor more than fifty dollars for each of- fense. Any officer or agent of any corporation violating any provision of this act, who participates or acquiesces in or is cognizant of such violation, shall be fined not less than twenty- five dollars nor more than fifty dollars. Any person who vio- lates any provision of this act for which a penalty is not else- where provided, shall be fined not more than fifty dollars. Mayors, justices of the peace, police judges, and probate judges shall have jurisdiction to try the offenses described in this act, and their judgment shall be final. When complaint is made, information filed, or indictment found against any cor- poration for violating this act, summons shall be served,, ap- pearance made, or plea entered, as provided in section 7231, Revised Statutes of Ohio, except that in complaints before magistrates, service shall be made by the constable. In all other cases process shall be served and proceedings had, as in cases of misdemeanor. In every case of complaint against a child involving commitment to any children's home or juve- nile reformatory, the board of county visitors shall be notified and must attend and protect the interest of the child on the hearing, as provided in section 633-18 of the Revised Statutes of Ohio; and the order of commitment of the child to a state §§ 236-238 GUIDE FOR OHIO SCHOOL OFFICERS. 270 reformatory must show that the county visitors were so noti- fied and attended the hearing. All fines collected under the provisions of this act shall be paid into the hands of the school district in which the offense was committed. Boards of educa- tion are authorized to employ legal counsel to prosecute any case arising under the provisions of this act when it shall deem the same necessary, and the services of such counsel shall be paid for from the contingent fund of the district. (95 v. 621; 90 V. 290; 86 V. 338, §§ 11, 12, 13; 87 v. 326, 145.) §236. [Repeated violations.] (§4022-12.) Every person who, after being once convicted for violating any of the pro- visions of this act, shall be convicted of again violating any of the provisions of this act, may, in addition to the punish- ment by way of a fine elsewhere provided for, be imprisoned not less than ten days nor more than thirty days. On com- plaint, before a mayor, justice of the peace, or police judge of a second violation of this act involving punishment by imprisonment, if a trial by j'^iry be not waived, a jury shall be chosen and the case tried, after the manner provided in section 3718a, of the Revised Statutes of .Ohio. (95 v. 622; 90 V. 290.) It is held that the above provision applied to the pupils and teachers of parochial schools, such schools being included in the terms private schools. (State v. Quigley, 26 Bull., 126.) If either of the officers mentioned in said section fail to comply with it, they are subject to punishment. § 237. [Sufficient school accommodations to be provided.] (§ 4022-13.) It is hereby made the duty of every board of education in this state, to provide sufficient accommodations in the public schools for all children in their district compelled to attend the public schools under the provisions of this act. Authority to levy the tax and raise the money necessary for such purpose is hereby given the proper officers charged with such duty under the law. (95 v. 622; 90 v. 291.) §238. [Costs in prosecution under this act.] (§4022-14.) No person or officer instituting proceedings under this act shall be required to advance, or give security for costs; and if a defendant is acqviitted or discharged, or if convicted and 271 FREE SCHOOL BOOKS. § 239 committed to jail in default of payment of fine and costs, the justice, mayor, police judge or probate judge, before whom such case was brought shall certify such costs to the county auditor, who shall examine and, if necessary, correct the ac- count, and issue his warrant to the county treasurer in favor of the respective persons to whom such costs are due for the amount due to each. (95 v. 622; 90 v. 291.) Sec. 4023. Repealed April 1.5, 1889. Sec. 4024. Repealed April 15, 1889. Sec. 4025. Repealed May 12, 1902. § 239. [Free school books.] (§ 4026.) That each board of education may furnish the necessary school books free of charge, to enable the parent or guardian, without expense therefor, to comply with the requirements of this chapter, the same to be paid for out of the contingent fund at the disposal of the board ; and such levy each year, in addition if necessary to that otherwise authorized by law, is hereby authorized, as shall be necessary to furnish such school books free of charge to all the pupils attending the public schools; but such pupils as are already wholly or in part supplied with necessary school books shall be supplied free of charge only as other or new books are needed; and all school books furnished as herein provided, shall be considered and be the property of the district and loaned to the pupils on such terms and conditions as such board may prescribe. (91 v. 260; 87 V. 317; 74 V. 57. § 4.) Sec. 4027. Repealed May 12, 1902. Sec. 4028. Repealed April 15, 1889. Sec. 4029. Repealed May 12, 1902. The above section is constitutional. It does not violate article 14, section 1 of the Amendments to the Constitution of the United States, or article 6, section 2, of the Constitution of Ohio. (Mooney v. Bell. 8 N. P., 658, 11 Dec, 786. It is not a diversion of public funds, yet a benefit of a part of the tax- payers, nor does it discirminate against persons who prefer to send their children to schools other than those provided by the state or against persons who have no children. In this case it is said that there is no legal obligation resting on par- ents or guradians to buy school books, and that there is no difference in principle between the furnishing by the school board, of a black board or chart, and the furnishing of books, these books to remain the property of the district and to be § 240 GUIDE FOR OHIO SCHOOL OFFICERS. 272 given out to the pupils on such terms and conditions as the board of education may prescribe, see section 4029-9 (§ 233), as to relief furnished to enable child to attend school. The school board would not have such power in the absence of a statute authorizing: the same. (Board of Education v. Detroit (Mich.), 45 N. W.^Rep., 585.) § 240. [Examination for entering high school.] (§ 4029-1.) Each board of county school examiners shall hold examina- tions of pupils of townships, special and joint sub-districts in the subjects of orthography, reading, writing, arithmetic, Eng- lish grammar and composition, geography, history of the United States including civil government, and physiology. [Number of examinations; when and where.] Two such examinations shall be held annuallj^, one on the third Satur- day in April, and one on the second Saturday in May, at such place or places as the county board of examiners may designate. [Preparation of questions.] The questions for all such ex- aminations, throughout the state, shall be uniform and be prepared under the direction of the state commissioner of common schools, and sample lists shall be mailed, under seal, to the clerks of the said boards of examiners not less than ten days before each examination. Upon receipt of said lists, the said boards are authorized and required to have a sufficient number of copies of the same printed for use at the examination. Only such applicants as receive an aver- age grade of seventy per cent., with no grade less than fifty per cent, in any branch shall be passed. [Township commencement.] It shall be the duty of the township boards of education upon written notice, filed by a successful applicant, with the clerk of the board of educa- tion, to provide for holding a township commencement not later than the month of June, at some place within the civil township, and to appoint some suitable person to have charge of the same. At this commencement each successful appli- cant residing in the township school district or any special or joint sub-district having its school house located within the civil township of which the township district forms a part, shall be required to deliver an oration or declamation, or read an essay; thereupon said board of education shall issue a cer- 273 EXAMINATION TO ENTER HIGH SCHOOL. §§241,242 tifieate to each successful applicant, stating that said appli- cant has taken part in said commencement. [County commencement; diploma.] The board of county school examiners shall provide for the holding of a county commencement not later than August fifteenth, at such place as it may determine. At this commencement there shall be delivered an annual address, at the conclusion of which a diploma shall be presented to each successful applicant who has complied with the provisions of this act; said diploma shall entitle the holder thereof to enter any high school in the state. (89 v. 123, §§ 1, 2; 91 v. 67; 92 v. 198; 94 v. 175, § 4029-1; 95 V. 71, 95 V. 218.) See Appendix for questions, etc. § 241. [Compensation of examiners and contingent ex- penses.] (§ 4029-2.) The compensation of county examiners shall be the same as that fixed in section 4075 (§ 296) of the Eevised Statutes of Ohio for the examination of teachers, and each member of the said board of examiners shall be allowed the minimum fee provided for holding examinations for teachers as remuneration for his services incident to the county commencement, and such compensation and the necs- sary expenses incident to the examination and county com- mencement shall be paid out of the county treasury as pro- vided in said section 4075 (§296); no other compensation shall be allowed county examiners for holding the county com- mencement. The expenses incident to the township commence- ment shall be paid by the township board of education from the contingent fund of the township district, and when the pupils of special districts take part in such commencements the boards of education of such districts shall pay, from their contingent funds, to the township board of education their share of such expenses, such share to be based on the propor- tion of pupils, from each district, taking part in such com- mencements; a proportional share for pupils from joint sub- districts, taking part in such commencements, shall be paid from the contingent fund of said joint sub-districts. (89 v. 123, § 4; 91 V. 67; 92 v. 198; 95 v. 72; § 4029-2; 95 v. 218.) §242. [Tuition.] (§4029-3.) The tuition of pupils hold- ing diplomas and residing in township, special, or joint sub- § 242 GUIDE FOR OHIO SCHOOL OFFICERS. 274 districts, in which no high school is maintained, shall be paid by the board of education of the district in which they have legal school residence, such tuition to be computed by the month and an attendance an}^ part of the month shall create a liability for the entire month ; but a board of edu- cation maintaining a high school shall charge no more tuition than it charges for other non-resident pupils, and no board of education shall be required to pay the tuition of any pupil for more than four school years; provided the board of edu- cation shall be required to pay the tuition of all successful applicants, who have complied with the provisions of this act, residing more than three miles from the high school provided by said board, when said applicants attend a nearer high school. The tuition of pupils residing in joint sub-districts shall be paid by the boards of education, having control of such districts, from the contingent funds of said districts. A board of education not maintaining a high school may enter into an agreement with one or more boards of education main- taining such school for the schooling of all its high school pupils and when such agreement is entered into the board making the same shall be exempt from the payment of tuition at other high schools ; provided the school or schools selected are located in the same civil township, or some adjoining township, as that of the board making the agreement. Where no such agreement is entered into the school to be attended can be selected by the pupil holding a diploma ; provided, due notice in writing, is given to the clerk of the board of educa- tion of the name of the school to be attended and the date the attendance is to begin, said notice to be filed not less than five days previous to said beginning of attendance. Said tuition can be paid from either the tuition or contingent funds, and in case the board of education deems it necessary it may levy a tax of not to exceed two mills on each dollar of taxable property in the district or joint sub-district in excess of that allowed by section 3959 (§ 62) of the Revised Statutes of Ohio; the proceeds of said levy shall be kept in a separate fund and applied only to the payment of such tuition. (89 V. 123, § 3; 95 V. 72; § 4029-3; 95 v. 218.) Eligibility and Tuition of Pu- Form of Notice. pil. How Payment Compelled. 275 TUITION OF PUPIL. § 242 Eligibility and Tuition of Pupil. — If the pupil has a di- ploma acquired by virtue of section 4029-1 (§ 240) then he is entitled to enter any high school in the state. This would seem to allow the pupil to make a selection of what high school he would enter, unless such power is limited in the above section. As to what will constitute a high school the same is now defined by the legislature, see section 4029-4 (§ 243). While the above section does not limit the high school where the pupil may enter by virtue of his diploma, yet it does limit the instances in which he can enter such high school, and have his tuition paid by the school district in which he has legal residence. If such school district has no high school, then the school district is obliged to pay his tuition, but no board of education shall be required to pay tuition for more than four years. If the board of education makes arrangements with the board controlling the high school, then the pupil must attend that school if he wishes to have his tuition paid. If, however, the high school is situated more than three miles from the residence of the pupil, then the pupil might exercise his choice, and attend a nearer school, and the school district would be re- quired to pay his tuition. If no arrangements have been made for the pupil to attend any high school, he exercises his choice ; the only requirement being, that he give notice in writing to the clerk of the board of education. This notice must contain the name of the school which he expects to at- tend and when his attendance will begin, and it must be filed five days previous to his beginning such attendance. This notice might be in the following form : Form of Notice. To , Clerk of the Board of Education of School District: Sir: — I hereby give notice that I expect to attend the high school located at , and that I will begin my attendance there on the day of How Payment Compelled. — Mandamus is not the proper procedure to compel payment until the amount to be paid for has become liquidated either by agreement between the boards of education or by a suit at law. (State v. Board of Education, 8 N. P., 207. 11 Dec. 289.) A father by virtue of his natural guardianship over his children, charged with their education, has such interest in the subject-matter as will entitle him to bring an action compelling pavment of such tuition. Where an action is brought by the district maintaining a high school, to recover tuition, it is not necessary that the parent be a party to such a suit. (New IMadison, etc., v. Harrison. 14 Dec, 62.) § 243 GUIDE FOR OHIO SCHOOL OFFICERS. 276 The statute is now mandatory and if a person holding the diploma brings himself within its provision, the board of education of the district in which he resides is bound to pay his tuition. §243. [What shall constitute a high school.] (§4029-4.) No board of education shall be entitled to collect tuition under this act unless said board shall be maintaining a regularly organized high school with a course of study extending over not less than two years and consisting mainly of branches higher than those in which the pupil is examined. Should the question arise as to the standing or grade of any particular high school, the state commissioner of common schools is hereby authorized to determine the grade of such school and his finding in the case shall be final. (95 v. 73, § 4029-4; 95 V. 218.) See §187 (§4007-2). 277 ENUMERATION, TREASUEER AND CLERK. 244 CHAPTER 10. ENUMERATION, TREASURER AND CLERK. Section. § 244 (4030 §245 (4031 § 246 (4032 § 247 (4033 § 248 (4034 § 249 (4035 § 250 (4036 §251 (4037 § 252 (4038 § 253 (4339 §254 (4040 § 255 (4041 § 256 (4042 §257 (4043 258 (5841 259 (5842 260 Yearly enumera- tion of school youth. Appointment o f e n u m e rators; oath and duties. Enumeration i n districts in two or more counties. Repealed. Repealed. Clerk to transmit abstract of enu- meration to coun- ty auditor. When clerk fails, auditor to act. When county line divides original surveyed t o w n - ship. When enumeration not taken, district not entitled to school funds. Auditor to furnish abstract to state commissioner. Duty of state com- missioner when enumeration ex- cessive. Penalty for making fraudulent re turns. Treasurer of school funds. Bond of treasurer; additional sureties on new bond. Release of security. New bond. Provisions for dis- charge; treasurer, etc. Section. §261 § 262 § 263 § 264 (4044) § 265 (4045) §266 (4046) § 267 (4047) (4947a) § 268 (4048) § 269 (4049) §270 (4050) §271 (4051) § 272 (4052) § 273 (4053) § 274 (4054) § 275 (4055) §276 (4056) Question submitted to voters. Ballots for. Result of election. Annual settlement by treasurer with county auditor. Penalty for failure to make such set- tlement. Embezzlement o f public money. Repealed. When treasurer may receive or pay money. Repealed. Maximum amount of funds which treasurer may hold. Treasurer to deliv- er money, etc., to successor. Bond of clerk. When orders of clerk for teachers' pay illegal. Annual statistical report of board of education; by whom prepared. Publication of re- ceipts- and dis- b u r s e m e nts by clerk. Clerk to deliver books, etc., to suc- cessor. How treasurer and clerk to keep ac- counts. Compensation o f treasurer and clerk. ENUMERATION. § 244. [Yearly enumeration of school youth.] (§ 4030.) There shall be taken in each district, annually, during the § 245 GUIDE FOR OHIO SCHOOL OFFICERS. 278 two weeks ending on the fonrth Saturday of May, an enumera- tion of all unmarried youth, noting sex, between six and twen- ty-one years of age, resident within the district, and not temporally there, designating also the number between six and eight years of age, the number between eight and four- teen years of age, the number between fourteen and sixteen years of age, the number between sixteen and twenty-one years of age, and the number residing in the Western Reserve, the Virginia Military district, the United States Military dis- trict, and in an}^ original surveyed, township or fractional township to which belongs section sixteen, or other land in lieu thereof, or any other lands for the use of public schools, or any interest in the proceeds of such lands. (93 v. 312; 87 v. 80- 85 V. 192; Rev. Stat. 1880; 71 v. 15, § 77.) Enumeration in children's homes; see section 930&, R. S. At the annual enumeration of school youth as required by the provisions of section 4030 (§ 244), the ages of such youth at the taking of enumeration should be returned and not as of September 1st following. (Atty. Genl.) The youth enumerated must be actual residents of the dis- trict, living with parents or guardians or working to support themselves by their o^n labor; see section 4013 (§ 201) and notes under same. §245. [Appointment of enumerators; oath and duties.] (§4031.) The board of education of each school district, shall, on or before the second Saturday in May, appoint one or more persons to take the enumeration provided for in section four hundred and thirty (§244) of the Revised Statutes of Ohio. Each person appointed to take such enumeration shall take an oath or affirmation to take the same accurately and truly to the best of his skill and ability. When making return thereof to the clerk of the board of education, he shall accompany the same with a list of the names of all the youth enumerated, noting the age of each, and with his affidavit duly certified that he has taken and returned the enumeration accurately and truly to the best of his knowledge and belief, and that such list contains the names of all such youth so enumerated and none others. The clerk of the board of education or any officer authorized to administer oaths, may administer such oath or affirmation, take and certify such affidavit, and the 279 ENUMERATION. §§ 246-249 clerk shall keep in his office for the period of five years such report and the list of names, and each person so taking and returning the enumeration shall be allowed by the proper board of education reasonable compensation for his services. (97 V. 365.) Forms are generally supplied lur making out enumeration of youth which contains copies of oaths and general directions for making a proper enumeration. It will be observed that the clerk of the board of education or any other proper officer wTio is authorized to administer an oath may administer the oath to the person taking the enumeration. It should further be observed that the clerk shall keep the enumeration in his office for five years and that the compensation to the person taking the enumeration is fixed by the board of education. The enumerator must be appointed on or before the second Saturday in May. The penalty attached for not taking enu- meration is a deprivation of the share of the school funds. See section 4038 (§ 252). § 246. [Enumeration in districts in two or more counties.] (§ 4032.) "When a school district including territory attached for school purposes, is situated in two or more counties, it shall be the duty of the person or persons taking such enu- meration to report the number of youth as provided in section forty hundred and thirty (§ 244) of the Revised Statutes of Ohio, residing in each county and the clerk of the board shall make returns to the auditors of the respective counties in which such youth reside as provided in section forty hundred and thirty-five (§ 249) of the Revised Statutes of Ohio. (97 V. 366.) §247. (§4033.) Repealed. (90 v. 76.) § 248. (§ 4034.) Repealed April 25, 1904. § 249. [Clerk to transmit abstract of enumeration to county auditor.] (§ 4035.) The clerk of each board shall, annually, on or before the first Saturday in July make, and transmit to the county auditor, an abstract of the enumeration by this chapter reciuired to be returned by him, according to the form prescribed by the commissioner of common schools, with an oath or affirmation endorsed thereon that it is a correct abstract of the returns made to him under oath or affirmation ; and the §§250,251 GUIDE FOR OHIO SCHOOL OFFICERS. 280 oath or affirmation of the clerk may be administered and certi- fied by any member of the board of education, or by the county auditor. (97 v. 366.) §250. [When the clerk fails, auditor to act.] (§4036.) If the clerk of any district fail to transmit such abstract of enumeration on or before the first Saturday in July, the auditor shall at once demand the same from such clerk; and in ease the enumeration has not been taken as required by this chap- ter, or the abstract required be not furnished without delay, the auditor shall employ competent persons to take such enu- meration, who shall be subject to the legal requirements al- ready specified, except that the return shall be made directly to the auditor, who may administer to each person employed the oath or affirmation required; and the auditor shall allow the person employed by him, a reasonable compensation, to be paid out of the general county fund, and shall proceed to recover the amount so paid in civil action before any court having competent jurisdiction, in the name of the state, against such clerk on his bond, and the amount so collected shall be paid into the school funds of the district. (97 v. 366.) The returns should now be made on or before the first Saturday in June, as the time of taking the enumeration was changed from July to May without changing the time fixed for making returns. § 251. [When county line divides original surveyed town- ship.] (§ 4037.) If parts of an original surveyed township or fractional township are situq,te in two counties, the auditor of the county in which the smallest part is situate shall, so soon as the abstracts of enumeration are received by him from the clerks of the boards of education, certify to the auditor of the county in which the largest part- is situate the enumeration of youth residing in the part of the township situate in his county; if parts of such township or fractional township are situate in more than two counties, like certificates of enumeration shall be transmitted to the auditor of the coun- ty containing the greatest relative portion of such township, by the auditors of other counties containing portions thereof; when it is uncertain which county contains the greatest rela- tive portion of such township, such certificates shall be trans- 281 ENUMERATION. §§ 252-25-4 mitted to the auditor of the oldest county, by the other auditor or auditors; and if the land granted by congress to such township or fractional township for the support of public schools has been sold, the auditor to whom such certificates are transmitted shall notify the auditor of state, without delay, that such enumeration has been certified to him. (70 v. 195, §§ 121, 130.) This section has nothing whatever to do with the enumera- tion returned by county auditors to the state commissioner of common schools. § 252. [When enumeration not taken, district not entitled to school funds.] (§ 4038.) If an enumeration of the youth of a district be not taken and returned in any year, such dis- trict shall not be entitled to receive any portion of the school funds distributable in that year on the basis of enumeration; and if such loss to a district occur through the failure of the clerk of the board of education of a district to perform the duty required of him under section forty hundred and thirty-five of the Revised Statutes of Ohio, he shall be liable to the dis- trict for the loss, which may be recovered in an action in the name of the state ; and the money so recovered shall be paid into the county treasury, and apportioned in the same manner as the school funds so lost would have been apportioned. (97 V. 366.) § 253. [Auditor to furnish abstract to state commissioner.] (§ 4039.) The auditor of each county shall make and transmit to the state commissioner of common schools, on or before the third Saturday in July in each year, on blanks to be fur- nished by the commissioner, an abstract of the enumeration returns made to him, duly certified. (97 v. 366.) § 254. [Duty of state commissioner when enumeration ex- cessive, etc.] (§ 4040.) When the state commissioner of com- mon schools on examination of the enumeration returns of any district, is of opinion that the enumeration is excessive in number, or in any other way incorrect, he may require the same to be retaken and returned, and if he think it necessary he may for this purpose appoint persons to perform the service, who shall take the same oath, perform the same duties, and re- § § 255-257 GUIDE FOR OHIO SCHOOL OFFICERS. 282 ceive the same compensation, out of the same funds, as the per- son or persons who took the enumeration in the first instance, and the school fund distributable in proportion to enumera- tion shall be distributed upon the corrected returns. (70 v. 195, § 75.) § 255. [Penalty for making fraudulent returns.] (§ 4041.) An officer through whose hands the enumeration required b}'' this chapter to be returned passes, who, by percentage or otherwise, adds to or takes from the .number actually enu- merated, shall be deemed guilty of a misdemeanor, and, upon conviction of such offense, shall be fined in any sum not less than five nor more than one thousand dollars, or imprisoned in the county jail not less than ten nor more than thirty days, at the discretion of the court. (70 v. 175, § 75.) TREASURER AND CLERK. §256. [Treasurer of school funds,] (§4042.) In each city, village and township school district, the treasurer of the city, village and township funds, shall be respectively the treasurer of the school funds; in each special district the board of education shall choose its own treasurer, whose term of office shall be for one year beginning on the first day of September. (97 v. 367.) Comments. — While the treasurer of the city, village or town- ship funds may also be by virtue of the "above section the treasurer of the school fund of such city, village and township, yet he holds the school fund in an entirely different capacity, and is liabel to the school board for any default in conditions of his bond. Such moneys are now deposited in banks. See section 4968 (§ 69). To deposit money in an unauthorized manner is a breach of his bond. (Board of Eshelby, 6 N. P., 117, 9 Dec, 214.) The board of education has its choice of two forms of ac- tion. It may sue for money received and not accounted for as well as an action on the bond. (Board of Education v. Milli- gan. 51 0. S., 115.) The same person can not be president of the board and treasurer. (Mitehel v. Schultz, 5 Bull., 502.) § 257. [Bond of treasurer; additional sureties or new bond.] (§ 4043.) Each school district treasurer shall, before entering upon the duties of his office, execute a bond, with sufficient 283 treasurer's bond. § 257 sureties, in an amount at least equal to the amount of school funds that may come into his hands, paj^able to the state of Ohio, to be approved by the board of education, conditioned for the faithful disbursement, according to law, of all funds which come into his hands ; and he may at any time thereafter be required to give additional sureties on his accepted bond, or to execute a new bond with sufficient sureties to the approval of the board of education whenever the said board of educa- tion deem it necessary, and if said treasurer shall fail for ten days after service of notice in writing of such requisition, to give bond or additional sureties as aforesaid as required by said board, the office shall be considered and declared vacant and shall be filed [filled] as in other cases. Every bond when so executed and approved shall be filed with the clerk of the board of education of the district, and recorded, who shall cause a certified copy thereof or the names of additional sureties, to be filed with the county auditor without delay, and such board at the time of the approval of any bond or sureties, shall require the treasurer of the school funds to produce all money, bonds or other securities in his hands as such treasurer, and the same shall be then counted by the board or a com- mittee thereof, in the presence of the clerk of the board, who shall thereupon enter upon the records of the board, a cer- tificate, setting forth the exact amount of money or securities so found in the hands of such treasurer, which record shall be signed by the president and clerk of the board and shall be prima facie evidence that the amount therein stated was actually in the treasury at that date. (97 v. 334.) Liability on Bond. Treasurer can not be Mem- Interest on Funds. ber of Board. Ex officio Treasurer. Form of Bond. His Own Successor. Form of Oath. Trustees can not Release Form of Certificate of Bond. Bond. Report of School Funds in Failure to Give Bond Creates Treasury. Vacancy. Liability on. — The sureties on the bond of a school official are not liable for money received by their principal not colore 'officii, but by virtue of a rule adopted by the board of educa- tion without authority and contrary to law; nor does the fail- ure of such official to order the person who paid him the § 257 GUIDE FOR OHIO SCPIOOL OFFICERS. 284 mone}^ to pay it to the officer entitled to receive it, constitute a breach of his official bond such as will render his sureties thereon liable, when the loss was caused not by such failure, but by reason of their principal unlawfully appropriating the money to his own use after it had improperly come into his hands, together with the confusion created by the unlawful rule referred to. (State v. Cottle, 16 Cir. D., 238.) Interest on Funds. — The treasurer of a school district who, under favor of the proviso of R. S. section 6841, deposits its funds in a bank, which allows interest on the average balance of the deposit is required to account to the school district for such interest. (Eshelby v. Board of Education, 66.0. S., 71.) Treasurer Ex Officio. — This bond is required even where the treasurer of the school funds is such by virtue of holding some other office, and even when he has already given bond as such officer he must still give bond as custodian of such school moneys. It is necessary that the clerk certify to the auditor the fact that such bond has been filed and approved ; for in the absence of such knowledge the auditor is forbidden to issue a warrant on the county treasurer for any money. (See section 1047, R. S.) In fact, he never is treasurer until he does give the bond, this being a condition precedent to his legal occu- pancy of the position. It must not only be given but must be approved. (The State v. Commissioners, 31 0. S., 455.) If a sufficient bond is tendered within a reasonable time, it must be accepted, and on failure or refusal so to do, mandamus will lie. The word "funds" in a school district treasurer's bond was held to include the drafts and certificates of deposit which, when received, would have been paid on presentation, and which were received as cash by such treasurer. (Reed v. Board of Education, 39 0. S., 635.) Treasurer His Own Successor. — Bonds are always strict- ly construed and in favor of the surety ; and it is held, perhaps without exception, that where the term expires, the further lia- bility of the surety ceases. If the bond specifically stated that it was to be for that term as well as all future terms to which the principal obligor might be elected or appointed, a surety might perhaps be held for a future term. But as a rule it may be said that in all cases, whether the prospective official is a new or old incumbent, he must give bond for each term he holds the official position. (See State v. Corey, 4 Western L. Monthly; see State v. Corey, 16 0. S., 17.) Township Trustees can not Release Bond. — The trustees of the township have no right to control the school fund, no right to interfere or meddle with the treasurer's bond, given 285 FAILURE TO GIVE BOND. § 257 to secure it, except to approve the sureties. The right to sue it is vested in the township clerk, and with this right the trustees can not interfere. A discharge my them of the bond, or of any demand which it was intended to secure is a perfect nullity, because the power has not been granted them expressly and can not be taken by implication, as indicental to any expressly granted power. (Monroe Tp. v. Williams, 13 0., 504.) Failure to Give Bond Creates Vacancy. — It will be ob- served that if the treasurer fails to give bond within ten days after he has been notified to give a bond or give additional security, that then his office becomes vacant (see section 1740, Revised Statutes). As to the method to be purued by sureties on such bond to be executed therefrom, a general provision of the Revised Statutes is applicable thereto, which will be given following the suggestions and forms of this section. Treasurer can not be Member of Board. — The relations between the board of education and the treasurer are such that one can not be a member of the board and at the same time act as its treasurer. In passing upon the sufficiency of the treasurer's bond, if he be a member of the board, his own vote may determine the action of the board in reference to said bond. Form of Township Treasurer's Bond. Know All Men by These Presents: That we, , , , are held and firmly bound unto the state of Ohio, in the sum of dollars, for the payment whereof we jointly and severally bind ourselves. Signed and sealed by us this day of , A. D. nineteen hundred and Whereas, the said has been duly elected and qualified as treasurer of township, county, and state of Ohio, for the t^rm of year., from the day of April, A. D. 190.., and until his successor is elected and qualified, and is therefore ex offlcio treasurer of the board of education of the township district of said township. Now, the condition of the above obligation is such, that if the said shall faithfully disburse, according to law, all school funds which come into his hands, then this obligation shall be void; otherwise it shall be and remain in full force. The above bond approved by said board this day of D. 190.. (Date.) , President of said Board. Clerk of said Board. § 258 GUIDE FOR OHIO SCHOOL OFFICERS. 286 Oath of Treasurer. The State of Ohio, County, Township, ss.: Before me, , clerk of said township, personally came , who being duly sworn according to law, says that he will support the Constitution of the United States and the Constitution of the state of Ohio; and that he will faithfully discharge his duties as treasurer of the board of education of the township district of township, county, Ohio, during his continuance in said office, and until his successor is chosen and qualified. Sworn to before me and signed in my presence, on day of , A. D. 190.. Township Clerk. Form of Certificate of Treasurer's Bond. , 190.. To the Auditor of County: It is hereby certified that has executed and filed with me a bond for the faithful disbursement, as treasurer of township, county, of all school funds that may come into his hands as such treasurer; which bond, dated April , 190.., is in the penalty of dollars, and has been approved by the board of education of said township. Cleiiv of said Township. Note. — The above can be altered so as to apply to the bond of the treasurer of a separate school district. Form of Report and Certificate of School Funas in Treasury. We hereby certify that, by a count, as required by law, of all the money, bonds and securities in the hands of , treasurer of township (or district), county, Ohio, made this day of , 190.., in the presence of the clerk of the board, we find dollars (and bonds, etc., in value amounting to dol- lars) school funds to be in the treasury on the date above named, and we have directed the clerk to enter upon the records of the board a copy of this report. (Signed.) Attest: President. Board (or Committee.) Clerk. §258. [Release of surety.] (§5841.) A surety of the treasurer of school funds, in any school district organized under the provisions of law, may at any time notify the board of education of the proper district, by giving at least five days' notice, in writing, that he is unwilling to continue as surety for such treasurer, and will, at a time therein named, make ap- 287 RELEASE OP SECURITY. § 259 plication to the board of education to be released from further liability upon his bond; and he shall also give at least three days' notice, in writing, to such treasurer of the time and place at which the application will be made. (70 v. 195, § 48.) This section gives a mode for a surety to be relieved from further liability on the bond of the treasurer and the follow- ing forms may be used to each : Form of Notice of Surety to be Relieved from Bond. To the Trustees of Toionship, County, Ohio: You are hereby notified that I am unwilling to longer continue as surety on the official bond of (here designate office, etc.), and that I shall, on the day of , 190. ., at o'clock a. m., at the township clerk's office, make application to your trustees of said township to be released from all further liability upon the bond of the said (Date.) Form of Notice to Official. To , of Township, County, Ohio: Sir: — You are hereby notified that on the day of , 190.., at the township clerk's office, at o'clock a.m., I shall make application to the township trustees to be released from all fur- her liability on your bond as of township. (Date.) §259. [New bond.] (§5842.) The board of education, upon such notice being given, shall hear the application, and if, in their opinion, there is good reason therefor, shall require the treasurer to give a new bond, conditioned according to law, and to the satisfaction of the board, within such time as they may direct ; and if the treasurer fail to execute such bond, the office shall be deemed to be vacant, and shall be immedi- ately filled as other vacancies therein; but such original sure- ties shall not be released or discharged until the filing of the new bond, or the expiration of the time allowed therefor ; and the cost of such application shall be paid by the person making the same. (70 v. 195, § 8.) After the proper notices have been given, the board of edu- cation shall hear the application and it seems to be left in their discretion whether they will make an order releasing the surety, and it might be said, that while the statute requires that there should be reason, aside froTJi the fact that suretyship IS a burdensome matter and one without remuneration to the surety, the order is generally made upon the asking of the § 260 GUIDE FOR OHIO SCHOOL OFFICERS. 288 surety, and the board of education should make the following entry. Form of Entry. This day this matter came on to be heard upon the application of C. D. and E. F. to be released and discharged as sureties upon the bond of A. B., and the same was submitted to the board. Whereupon the board finds that there is good reason therefor, and it is ordered that the treasurer give a new bond conditioned according to law, in the sum of $ and to the satisfaction of this board within days from this date and upon the execution of said bond the sureties shall be relieved from all future liability, but they shall not be re- leased of liabilities now existing or in any manner discharged until such new bond is filed and accepted by this body. Form of bond may be very much similar to that given in the preceding section. § 260. [Provisions for release and discharge of county, city, village, township or school district treasurers and their sure- ties in certain cases.] Sec. 1. When without fault or neg- ligence of the officer intrusted by law with the care of the same, a loss of public funds intrusted to a county, city, village, township or school treasurer, by virtue of his office, is caused by fire, robbery, burglary or inability on the part of the bank to refund public money lawfully in its possession belonging to such public funds; the county commissioner, in case of such loss by a county treasurer, and the city or village council, township trustees and boards of education, in like cases of loss by city, village, township and school treasurers, respectively, are hereby authorized and empowered, to release and discharge such treasurer and the sureties upon his official bond from all liability to or demands of the county, city, village, town- ship or school district interested, for such loss so created and arising; provided that before such release and discharge shall be affected such board of county commissioners, city or village council, township trustees or board of education, effecting such release and discharge, shall find; that such loss of public funds was not occasioned by the fault or negligence of such treasurer, and shall cause an entry of such finding to be made upon the record book of the proceedings of the council or board; provided further that in cases of loss by county treas- urers, the county commissioners, and in cases of loss by city or village treasurers, the city or village council, and in cases of loss by township treasurers, -the township trustees, and in 289 DISCHAKGE OF TREASURER. § 260 cases of loss by school treasurers, the board of education of the school treasurers, the board of education of the school district; having first made and caused to be entered the find- ing of no fault or negligence as above provided, may and they are hereby authorized, at the next ensuing general elec- tion to be. held in such county, city, village, township or school district, respectively, to submit to the qualified electors of said county, city, village, township or school district interested the question of discharging such treasurer and the sureties upon his official bond from liability on account of such loss of funds. [Petition of electors.] Provided further, that whenever twenty-five per cent, of the qualified electors of such county, in cases of county treasurers, or a like percentage of qualified electors in cases of city, village, township or school treasurers, shall petition the council or board for the privilege to determine by ballot whether any treasurer and the sureties on his offi- cial bond shall be released and discharged, such council or board shall, and they are hereby required to, submit such question to the qualified electors of said county, city, village, township or school district interested, as herein provided. Pro- vided that any taxpayer of the county, township, municipality or school district affected may within five days after any finding of release or discharge provided for in this act is made, take an appeal therefrom to the common pleas court of the county, and until such appeal is finally determined such finding and other proceedings shall not affect such release and discharge. Notice in writing of such intention to appeal shall be filed with the clerk or auditor of the board or council making such finding within five days thereafter, and a trans- cript of the said finding and other proceedings shall within thir- ty days after said finding be filed in said common pleas court and docketed therein as other cases. Whereupon the court shall proceed to try and determine the question whether such public funds w^ere lost by the fault or negligence of such treas- urer; and in case it be found that they were, the finding of the board or council below ordering such discharge shall be vacated; but in case they were not, then such finding shall remain in full force, and the court shall cause its judgment § 260 GUIDE FOR OHIO SCHOOL OFFICERS. 290 to be certified to the board or council making such finding. (98 V. 120.) Purpose and Extent of Stat- Procedure on Petition Signed ute. by Electors. Mode of -Procedure. Form of Petition. Form of Application to Pro- Proceeding on Petition of ceed, etc. Electors. Procedure on Filing of Appli- Order of Election. cation. Form of Order of Election. Form of Entry. Purpose and Extent of Statute. — Heretofore, when it was sought to relieve a treasurer and his sureties from liability for a loss that had occurred to the treasurer of the funds in his possession, a special act of the legislature was required. In such cases, while it might have been within the power of the legislature to directly relieve the treasurer and his sureties, a general practice was to refer the same back to the people for a vote upon the question, and if the vote was favorable, the treasurer and his sureties were released. This kind of a statute is strictly construed and only such persons can take advantage of it as bring themselves within its provisions, and it will be observed that the first essential in order that the treasurer may be relieved is that the loss has occurred without his fault or negligence, and then it seems to further limit this matter in this, that the loss must be caused by fire, robbery, burglary or inability on the part of the bank to refund money lawfully in its possession, and it should be observed further in relation to the relief of the inability of a bank to refund the monej^ that the money must have been lawfully in its possession. "Lawfully" here refers no doubt to the statutes now in force requiring the treasurers to deposit their moneys in certain banks. Mode of Procedure. — It will be observed that the boards who have by law control of the funds generally or the disburse- ment of them, are the bodies which must act first and last in a proceeding to relieve a treasurer and his bondsmen. In a township, this board would either be the township trustees, or in case the funds belong to a board of education, such board of education would be the body to whom the petition or ap- plication should first be addressed. Whether or not this application should have attached to it the petition signed by twenty-five per cent, of the qualified electors of the district, is one which will depend somewhat upon the choice of procedure adopted by the applicant. Probably the better way to pursue, as it seems to be the first 291 DISCHARGE OF TREASURER. § 260 essential required, is for the treasurer or his bondsmen to present an application to the trustees or board of education, as the case may be, asking that such proceedings may be had as is contemplated by the statute. This application should set forth the amount of funds that were lost, and the manner in which the loss occurred, and the capacity in which the funds were held by the treasurer and might be in the following form : Form of Application to Proceed, etc. To the Trustees of Toivnship, etc.: The undersigned respectfully represent that on the day of one A. B. was duly elected as treasurer of township, and thereafter, on the day of , gave bond as required by law, with C. D. and E. F. as sureties thereon, but afterwards, to wit, on the day of , said treasurer having the sum of $ in a safe in his office, was robbed of the same (or here insert such other manner or way in which the funds became lost). That such loss occurred without the fault or negligence of the said A. B., and that the undersigned respectfully ask your honorable board to take such measures as may be authorized by law to relieve the said A. B. from liability for such loss, and the said C. D. and E. F. as sureties on his said bond. (Date.) Procedure on Filing of Application. — At the first regular meeting of the township trustees or board of education after such application has been filed they should make an examina- tion into these two questions in particular. First, Was the loss without fault or negligence of the treasurer ? Second, Was it caused by fire, robbery, burglary or inability of the bank, etc.? And upon these two questions the board should resolve itself into a court of inquiry; for upon these, any taxpayer might have the right to appeal and it would be better to make this inquiry full and complete, in the first instance, than to have it go up on appeal and the entire proceedings set out aside. The board of trustees, or the board of education, after having heard evidence upon this question, should make a journal entrj^ of which the filing might serve as a general form. Form of Entry. In the Matter of the Relief of A. B. and C. D. and E. F. on Treasurer's Bond: This day this matter came on to be heard upon the application of A. B., C. D. and E. P., to be relieved and discharged from the loss re- sulting to said A. B. as treasurer and , and the trustees, having heard all the evidence, do find that such loss occurred as in said appli- cation set forth, and that the same was without fault or negligence of the said A. B. or either of said bondsmen. § 260 GUIDE FOR OHIO SCHOOL OFFICERS. 292 Wherefore, it is ordered that said applicants proceed and file their petition with this board containing thereon at least twenty-five per cent, of the qualified electors of this township, in order that the same may be submitted to a vote of the people of this township, etc. Procedure on Petition Signed by Electors. — The trustees or board of education having found as above indicated, the next thing would be the presentation of the petition signed by at least twenty-five per cent, of the qualified electors of such township, etc. Of course, if the trustees have not found in favor of the application upon the question submitted to them in the applicant's petition that would end the matter. This petition might be in the following form. Form of Petition. To the Trustees of Township: The undersigned, representing twenty-five per cent, of the qualified electors of township, etc., respectfully petition to your honor- able body for the privilege of determining by ballot whether A. B., the treasurer, etc., and C. D. and E. F., sureties on his ofBcial bond, should be released and discharged from all loss suffered by said treas- urer as provided by law. Proceeding on Petition of Electors. — The first question that will present itself to the township trustees or board of education will be whether or not the petition has been signed by twenty-five per cent, of the qualified electors of such town- ship, so in case of the treasurer of school board of the school district. The matter of determining the number of electors in such township, etc., may not be an easy question and perhaps no general rule can be given. Where the territory is not a large one an actual account may be had, but this is one of some uncertainty. Perhaps as good a way as could be fol- lowed would be to take the number of votes that were cast at the last general election and add to this perhaps twenty-five or thirty per cent., and then take twenty-five per cent, of the whole amount. This is a matter of fact which seems to rest within the discretion of the township trustees or school board and there is no appeal from their decision thereon. Order of Election. — The trustees having found that the pe- tition has the required number of qualified electors, and that the other requirements of the statute have been fulfilled, should put an entry on their journal of such finding and order, which may be in the following form. Form of Order of Election. In the Matter of the Relief of A. B. and C. D. and E. F. on Treasurer's Bond: This day this matter came on further to be heard upon the petition filed herein for the privilege of determining by ballot whether or not 293 SUBMITTED TO VOTE. §§261,262 A. B., and C. D. and E. F., as sureties, should be relieved from the loss occurred and as in their application hereinbefore set forth, and the same was submitted on the testimony and said petition. Whereupon, this board finds that such p~"etition has been signed by twenty-five per cent, of the qualified electors of this township (or, in case of board of education, of its school district). That as this board has heretofore found that such loss was without fault or negligence of the said A. B., wherefore it is ordered that the question as to such discharge shall be submitted at the next general election to the quali- fied electors of this township (or school district, as the case may be), and that a copy of this journal entry be certified to the board of deputy state supervisors of elections of this county for procedure thereunder by them as required by law. §261. [How question of release submitted to vote; notice, etc.] Sec. 2. The deputy state supervisors of elections of the county interested or within which such city, village, town- ship or school district is located, shall cause notice of the sub- mission of said proposition to the electors ; in case of relief of county or city treasurers by publication in two newspapers of opposite politics in said county or city for at least thirty (30) days next prior to the date upon which such election is to be held, and in case of relief of village or township treasurers twenty (20) days' notice of such election shall be given by posting notices thereof in five (5) public places within the village or township ; and in cases for the relief of school treasurers, ten (10) days' notice of such election shall be given by posting notices thereof in five (5) public places in the school district interested. (98 v. 120.) Comments.— The board of deputy state supervisors having received a copy of the journal entry must proceed as provided for in the above section. The particular thing required of them is that notice must be given to the electors of such dis- trict, and that such question will be voted upon at the next election. No particular wording is required for this notice, but it must be sufficient to advise the electors of the propo- sition they are going to vote upon. §262. [Ballots, how printed.] § 991c.) Sec. 3. The ballots for said election shall have printed thereon: ''Dis- charge of treasurer and sureties — yes." "Discharge of treas- urer and sureties — no." And shall have a place at the left of each proposition for the voter to mark according to law, the proposition he favors. (98 v. 120.) § 263 GUIDE FOR OHIO SCHOOL OFFICERS. 294 §263. [Entry of result of election.] Sec. 4. If a ma- jority of the votes cast upon such proposition at such election shall be in favor of the discharge of the said treasurer and his said sureties, the board of county commissioners in cases of county treasurers and the city or village council in eases of city or village treasurers, and the township trustees in cases of township treasurers, and boards of education in cases of school district treasurers, shall cause to be made an entry of the result of the election in the record book of proceedings of the council or board ordering such election and shall there- upon release and discharge said treasurer and his sureties on his official bond from all liability on account of such loss. But II a majority of the votes cast shall be against such discharge then entry of such result of such election shall be made in the record book of proceedings of the council or board ordering such election and no further action therein shall be taken by such council or board. (98 v. 120.) Procedure After Election. Appeal. Entry of Discharge. Procedure After Election. — After the election has been held, the deputy state supervisors, under whose authority the election was held, should certify to the trustees or the board of education the result of the election, and upon the receipt of such certificate the board should make an entry upon their journal of whatever final action should be taken thereon. If the election has been in favor of the discharge of such treas- urer and his sureties, then the trustees or board of education are bound to make an entry in accordance with such vote on their journal, and if they refuse so to do. I have no doubt they could be compelled by an action in mandamus. If the vote is to the contrary, an entry to that effect should be placed on the journal. It will be observed that a majority of the votes cast upon such proposition are sufficient to discharge the treas- urer and his sureties. It does not require a majority of all the votes of the township or district. This entry of discharge may be in the following form. Entry of Discharge. In the Matter of the Relief of A. B. and C. D. and E. F. on Treasurer's Bond: There having been filed with this board a certificate from the deputy state supervisors of elections of county, that at the general election held on the day of , a majority of the 295 ANNUAL SETTLEMENT. § 264 votes cast upon the proposition to relieve A. B., and C. D. and E. F., his sureties, from the loss that resulted to said A. B., as treasurer of this township, was in favor of the discharge of said A. B. and his said sureties. Wherefore, it is ordered that said A. B., and C. D. and E. F., his said sureties, shall be, and are hereby released and discharged from all loss and liability that occurred as set forth in his application here- tofore filed herein. Appeal. — In a previous section (260a) it is provided that any taxpayer within the district involved might, within five days after any finding of release or discharge has been made, take an appeal to the court of common pleas of the county. This appeal is limited to the question whether such public funds were lost by the fault or negligence of such treasurer only. All other questions seem to be within the final jurisdic- tion of the trustees or board of education, etc. Whether this appeal should be taken immediately after the finding has been made out, the question as to the fault or negligence of the treas- urer, or whether it should be made after the final order has been made, is not so clear, but as the statute provides that proceed- ings in appeal may be taken "within five days after any finding or release or discharge is made, ' ' and the final finding or entry of discharge can only be made after the question has been voted on. Therefore, it would seem clear that the right to appeal would exist five days after the final entry of discharge has been made. The statute plainly indicates the procedure that should be taken, and that question having been heard, the court would make its order accordingly. § 264. [Annual settlement by treasurer with county auditor.] (§4044.) The treasurer shall, annually, within the first ten days of September, settle with the county auditor for the pre- ceding school year, and for that purpose shall make a certified statement showing the amount of money received, from whom, and on what account, and the amount paid out, and for what purpose ; he shall produce vouchers for all payments made ; if the auditor, on examination, find the statement and vouchers to be correct, he shall give the treasurer a certificate of the fact, which shall, prima facie, be a discharge of the treasurer for the money paid; and for making such settlement he shall be entitled to receive the sum of one dollar, and also five cents per mile for traveling to and from the county seat, to be paid out of the county treasury, on the order of the county auditor. When the treasurer's term begins on the first day of September the annual settlement shall be made by the out- § 264 GUIDE FOR OHIO SCHOOL OFFICERS. 296 going treasurer. (92 v. 58; 85 v. 192, 194; Rev. Stat. 1880; 71 V. 9, § 47.) Form of Report of the Treasurer of .... Township, .... County, Ohio. To the County Auditor,, for the year ending August 31, 190 . . ; (To be made to the auditor on or before the 4th day of September.) RECEIPTS. Amount of school moneys received during the year from the following sources, viz.: Balance on hand September 1, 190 $ State tax Irreducible school funds Interest on rents on school land, section 16 Local tax for school and school house purposes Amount received on sale of bonds Fines, licenses, tuition of non-resident pupils, and other mis- cellaneous sources Total receipts Whole amount paid teach- ( High $ ^Ttl ers in common schools | Primary .... $ \ ^ ^ • ■ ■ Amount paid for supervision, exclusive of teaching services. For sites and buildings Amount paid for interest on, or redemption of, bonds For fuel and other contingent expenses Total expenditures Balance on hand September 1, 190 Amount of outstanding orders unpaid September 1, 190 I certify the foregoing to be in all respects correct. Treasurer. Ohio, .., 190.. "The above report should cover only the moneys actually re- ceived and disbursed by the treasurer within the school year ending August 31. In case the school funds arising from the second semi-annual distribution of taxes are not received on or before August 31, such funds must be reported by the treasurer among the receipts of the following year. In case there were outstanding orders unpaid on the first of September, the amount of such orders should be added to the report, in order that it may show the entire expenses of the schools within the year, and thus correspond to the returns of the board of edu- cation. All claims upon the school fund for expenses incurred within the year should be settled and paid, if possible, previous to August 31. "By 'irreducible school funds' is meant all funds from the state, as interest on the Virginia military. United States mill- 297 EMBEZZLEMENT OF MONEY. § § 265, 266 tary, or Western Reserve school funds, and the rent of, or in- terest on the proceeds of the sale of 'section sixteen.' "All money paid by non-resident pupils for tuition in any school in the township, must be paid into the township treas- ury, to be disbursed on the clerk's order, and reported under the head of receipts. "The county auditor transfers all funds belonging to joint sub-districts directly to the township in which the school is lo- cated. "If it is evident to the county auditor that the school moneys have been illegally paid out, as they would be if paid to any member of a board of education on any contract with such board, or as an employee thereof, it is his duty to refuse the treasurer credit for the same. If moneys have been paid from the wrong fund, as from the school fund, when the law says it must be township fund, the auditor must not allow credit to such orders. He should insist on their correction by the board, or correct them himself by proper debit and credit. "No voucher should be received by the auditor which he has reason to believe a court of law would reject. No paper is a voucher for the payment of money to A, which has not A's re- ceipt on it, or accompanying it. An order properly made out, but merely marked 'paid' by the treasurer, is not a receipt." See section 4047 (§ 267.) § 265, [Penalty for failure to make such settlement.] (§ 4045.) If the treasurer of any school district willfully or negligently fail to make such annual settlement within the time prescribed in the preceding section, he shall be liable to pay a fine of fifty dollars, to be recovered in a civil action in the name of the state ; which amount, when collected, shall be paid into the county treasury, and shall be applied to the use of common schools in his district; and the county auditor shall proceed forthwith, in case of such failure, to recover the penalty, by suit against such treasurer, before any justice of the peace of his county. (71 v. 9, § 47.) §266. [Embezzlement of public money.] (§6841.) Who- ever being charged with the collection, receipt, safe-keeping, transfer or disbursement of the public money or bequest, or any part thereof, belonging to the state, or to any county, township, municipal corporation, board of education, cemetery association or company in this state, converts to his own use, or to the use of any other person, body corporate, association or party whatever, in any way whatever, or uses by way of § 266 GUIDE FOR OHIO SCHOOL OFFICERS. 298 investment in any l\;ind of security, stock, loan, property, land or merchandise, or in any other manner or form whatever, or loans with or without interest to any company, corporation, association or individual, or, except as hereinafter provided, deposits with any company, corporation or individual any portion of the public money or any other funds, property, bonds, securities, assets or effects of any kind received, con- trolled or held by him for safe-keeping or in trust for a specific purpose, transfer or disbursement, or in any .other way or manner, or for any other purpose, shall be deemed guilty of embezzlement of so much of the money or other property thus converted, used, invested, loaned, deposited or paid out, and shall be imprisoned in the penitentiary not more than twenty-one years nor less than one year, and fined in double the amount of money or other property embezzled, which fine shall operate as a judgment at law on all of the estate of the party sentenced, and be enforced to collection by execution or other process for the use only of the owner of the property or eft'ects so embezzled, and such fine shall only be released or entered as satisfied by the party in interest as aforesaid. [Deposit with bank.] Provided, however, nothing in this act shall be so construed as to make it unlawful for the treas- urer of any township, municipal corporation, board of edu- cation or cemeterj^ association to deposit any portion of such public money with any person, firm, company or corporation organized and doing a banking business under the banking laws of the state of Ohio, or the banking laws of the United States. Provided, further, the deposit of any such funds in any such bank shall in no wise release any such treasurer from liability for any loss which may occur thereby. (91 v. 338.) [Illegal loan will not prevent recovery.] Sec. 21. The state, any county, township, municipal corporation, or school board, shall not be precluded by the illegal loan or deposit by any officer or agent of public money, funds, property, bonds, se- curities, or assets, belonging to it, from suing for and recover- ing the same; and such suit shall not be held to be an adoption or satisfaction of such illegal transaction. (60 v. 64.) Embezzlement of school funds, penalty; see sections 6841 (§266), 6846, R. S. 299 MAXIMUM MAY HOLD. §§ 267-269 What is prima facie evidence of embezzlement by public officers; see section 7299, R. S. Township trustees have no authority to release a treasurer from his liability for any portion of the school fund belonging to the township. (Monroe Township v. Williams, 13 0., 495.) In the absence of statute the state would have no right of recovery unless it had ratified an unauthorized loan. State V. Executor of Butler, 3 0. S., 309.) § 267. [When treasurer may receive or pay money.] (§ 4047.) No treasurer of a school district shall pay out any school money except on an order signed by the president and countersigned by the clerk of the board of education; and no money shall be paid to the treasurer of a district, other than that received from the county treasurer, except upon the order of the clerk of the board, who shall report the amount of such miscellaneous receipts to the county auditor each year, immediately preceding such treasurer's settlement with the auditor. (97 v. 367.) A board of education has capacity to sue its treasurer for money received and not accounted for. The remedy is not limited to an action on the bond, but may be for money had and received. (Board of Education v. Milligan, 51 0. S., 115.) The treasurer should not pay an order for what he believes to be an illegal object, until he can consult with other members of the board, and have the question fully investigated. A man of discretion is supposed to be chosen to this, as to other offices, that the chances for discovering errors and fraud may be multiplied. (Com.) § 268. [Maximum amount of funds which treasurer may hold.] (§ 4048.) The clerk of a board of education or the county auditor shall pay no money into the hands of the treasurer of a school district in excess of the amount of his bond, and should said clerk or auditor violate this provision, he and his bondsmen shall be liable for any loss occasioned thereby ; and before giving said treasurer any warrant or order for any school funds the auditor may require the treasurer to file with him a statement showing the amount of such funds in his possession, signed by the clerk of the board of education. (97 V. 369.) § 269. [Treasurer to deliver money, etc., to successor.] (§ 4049.) At the expiration of his term of service each treas- § 270 GUIDE FOR OHIO SCHOOL OFFICERS. 300 urer shall deliver to his successor in office all books, papers, money, and other property in his hands belonging to the district, and take duplicate receipts of his successor therefor, one of which he shall deposit with the clerk of the board of education within three days thereafter. (97 v. 334; 85 v. 192, 194; Rev. Stat. 1880; 71 v. 9, § 47; 97 v. 334.) Clerk. — Formerly in township school organizations, the township clerk was ex officio clerk of board of education. The new school code, however, provides that in all instances the board of education elects its own clerk and it is generally provided that the clerk may be either a member of the board or an outsider. See § 3897 (§ 12) for clerk of city district, and see § 3920 (§ 34) for township district, and § 3933 (§ 48), special districts, and reference is made to these sev- eral provisions and the notes thereunder for various matters concerning the clerk, also the following are special provisions giving various duties to the clerk: To certify transfer of territory, section 3893 (§ 8) ; to give notice of election, section 3909 (§ 29) ; township not entitled to vote, section 3915 (§ 32) ; process served on, how, section 3976 (§ 84) ; absence from meet- ing, section 3983 (§ 90) ; record of proceeding, how kept, sec- tion 3984 (§ 91) ; shall draw order for pay of teacher, section 4018 (§ 208) ; shall prosecute for non-attendance of children, section 4025 (§ 831) ; must furnish auditor statement of funds in treasurer's hands, etc., section 4048 (§ 268). Such clerk is a public officer, and as he is elected biennially he serves for two years. State v. Coon, 26 C. C, 243. §270. [Bond of clerk.] (§4050.) The clerk of each board of education shall execute a bond, in an amount and with surety to be approved by the board, payable to the state of Ohio, conditioned that he shall perform faithfully all the official duties required of him; which bond shall be deposited with the president of the board, and a copy thereof, certified by the president of the board, shall be filed with the county auditor. (70 v. 195, § 45.) Form of Township Clerk's Bond. Know All Men by These Presents: That we, , are held and firmly bound unto the state of Ohio, in the sum of dollars, for the payment whereof we jointly and severally bind ourselves. Signed and sealed by us this day of , A. D. nineteen hundred and The condition of the above obligation is such that, whereas, the 301 clerk's duties. § 301 said lias been duly elected and qualified as clerk of board of education of , township, county, and state of Ohio, for the term of two , from the day of April, A. D. 190. ., and until his successor is chosen and qualified, and is therefore clerk of the board of education of the township district of said township. Now, if the said shall perform faithfully all the ofiicial du- ties required of him as clerk of said board, then this obligation will be void; otherwise it will remain in full force. The sureties on the above bond, and its amount, approved by said board this day of , A. D. 190 . . President of said Board. Clerk of said Board. Oath of Clerk. TTie State of Ohio, County, Township, ss.: Before me, , clerk of said township, personally came , who being duly sworn according to law, says that he will support the Constitution of the United States and the Constitution of the state of Ohio; and that he will faithfully discharge his duties as clerk of the board of education of the township district of township, county, Ohio, during his term of office, and until his successor is chosen and qualified. Sworn to before me and signed in my presence, on this day of , A. D. 190.. The clerk can not qualify until he has given a bond. (State V. Cave, 26 C. C, 303.) Township clerk can administer oaths connected with school affairs. (1505 R. S.) §271. [When ord«rs of clerk for teachers' pay illegal.] (§4051.) It sahll be unlawful for the clerk of a board to draw an order on the treasurer for the payment of a teacher for services until the teacher files with him such reports as are required by the state commissioner of common schools and the board of education, a legal certificate of qualification, or a true copy thereof, covering the entire time of the serv- ice, and a statement of the branches taught; but orders may be drawn for the payment of special teachers of drawing, painting, penmanship, music, gymnastics, or a foreign lan- guage, on presentation of a certificate to the clerk, signed by a majority of the examiners, and the filing with him of a true copy thereof, covering the time for which a special teacher has been employed, and the specialty taught. (70 v. 195, §§ 53, 94.) § 2 1 1 GUIDE FOR OHIO SCHOOL OFFICERS. 302 Comments. — "If an order is drawn for the illegal pay- ment of a teacher, the remedy of the board is a writ of in- junction. "Each of these three documents must be carefully filed by the clerk and handed over to his successor in office. "Persons who are to teach subjects not on the list of studies enumerated in the statute, must have a certificate covering all such branches. Not only the teacher, but each member of the board of education, is severally liable for the repayment of money paid under their vote and order, to a teacher who does not hold a certificate covering" each and every branch taught. "An assistant teacher who has not a legal certificate cannot be paid through an order drawn in favor of another teacher, who had a certificate, nor can any uncertificated teacher, who is employed as a substitute, receive pay through another teacher. Section 4074 (§ 295) provides that ' no person shall be em- ployed as a teacher' who has not a legal certificate. It is the duty of the township clerk to refuse to draw an order for the payment of money from the school fund when he has satis- factory evidence that any portion of such money is to be used for the payment of a teacher not holding a legal cer- tificate. A legal certificate must cover the entire time of the teacher's service; must specify all the branches taught, and can neither directly nor indirectly be made to legalize another teacher's service. "But the mere fact that teachers under a superintendent are required to teach branches that the superintendent has no certificate for will not deprive the superintendent of his pay. State v. Moser, 12 C. C, 249, 4 C. L. C. 557. "An order drawn by the clerk of the board of education, un- der the statute, in favor of a third person or bearer, on the township treasurer, is not negotiable, and a purchaser takes such order subject to the same defenses that could be made against it in the hands of the payee. (The State ex rel. Stein- beck et al. V. Treasurer of Liberty Township, 22 0. S., 144.) "The written acceptance of such order by the predecessor of the township treasurer, to whom it was presented for pay- ment, imposes no greater obligation on the latter to pay the same, than he would have been under had it been presented without such acceptance. "If an order has been illegally issued, the board of educa- tion should recall it, and in case of refusal to return, they should enter a suit in equity to recover it or have it canceled. "The term 'entire time of service,' as used in this section, refers to the time of service covered by the order to be drawn, not to the entire time of employment. "If a school treasurer, indorses an acceptance of an order drawn on him, he is obliged thereby to retain proper funds to 303 OFFICIAL ORDER. §271 meet it. But this even is not permissible, unless the order itself is unimpeachable." (50 Mo., 425.) Order on the Treasurer. (Form prescribed by Bureau of Inspection and Supervision of Public Offices.) No Office of Board of Education School District. ; , Ohio, , 190.. THE TREASURER OF SAID SCHOOL DISTRICT Will Pay to DOLLARS. out of Fund in the Treasury. For By Order of the Board of Education. Order on Treasurer When School Funds are in a Depository. (Form prescribed by Bureau of Inspection and Supervision of Public Offices. ) INo. Office of Board of Education .... School District. ; , Ohio, 190.. THE TREASURER OF SAID SCHOOL DISTRICT Will Pay to DOLLARS. out of Fund in the Treasury. For By Order of the Board of Education. , President , Clerk. Payable at Bank, - Ohio. , Treasurer. §§ 272-275 GUIDE FOR OHIO SCHOOL OFFICERS, 304 § 272. [Annual statistical report of the board of education; by whom prepared.] (§ 4052.) The clerk of each board shall prepare the annual report of the receipts and expenditures of school money, and the statistical statement in reference to the schools, required of the board by section forty hundred and fifty-seven (§ 277) of the Kevised Statutes of Ohio, and transmit the same to the county auditor on or before the first day of September; provided, that in each school district hav- ing a superintendent of schools, the annual report, except the receipts and expenditures of money, shall be made by the superintendent. (Passed and approved April 25, 1904.) 97 v. 368. Penalty for not making report, see Sec. 4061, 4062 (§§ 281, 282). The board of education should see that the reports required by this section are filed before allowing compensation to the clerk for his services. § 273. [Publication of receipts and disbursements by clerk.] (§ 4053.) The board of education of each district, except city districts, shall require the clerk of the board annually, ten days prior to the election for members of the board of edu- cation, to prepare and post at the place or places of holding such elections, or publish in some newspaper of general cir- culation in the district, an itemized statement of all money received and disbursed by the treasurer of the board within the school year last preceding. (97 v. 368.) § 274. [Clerk to deliver books, etc., to successor.] (§ 40"54.) Each clerk shall, at the expiration of his term of office, deliver to his successor all books and papers in his hands relating to the afi^airs of his district, including certificates, and copies thereof, and reports of school districts, filed by teachers. (70 V. 195, § 84.) § 275. [How treasurer and clerk to keep accounts.] (§ 4055.) The auditor of each county shall furnish to the clerk and treasurer of each school district in his county a suitable blank book, made according to the form prescribed by the bureau of inspection and supervision of public offices, in which each shall keep an account of the school funds of his district; the clerk's account shall show the amounts certified 305 COMPENSATION — CLERK AND TREASURER. § 276 by the county auditor to be due the district, all sums paid to the treasurer from other sources on his order, and all orders drawn by him on the treasurer, and upon what funds and for what purposes drawn; the treasurer's accounts shall show the amounts received from the county treasurer, all sums received from other sources on the order of the clerk, and the amounts paid out, and from what funds and for what purposes paid; and a separate account of each fund shall be kept, and each account shall be balanced at the close of the school year, and the balance in the treasurer's hands belonging to each fund shown. (97 v. 368.) The clerk of the board has no right to receive and become the custodian of tuition funds, even though so directed by the board. (State v. Griffith, 74 0. S., 80.) §276. [Compensation of treasurer and clerk.] (§4056.) The board of education of each school district shall fix the compensation of its clerk and treasurer, which shall be paid from the contingent fund of the district; if the clerk and treasurer are paid annually the order for the payment of their salaries shall not be drawn until said clerk and treasurer shall present to the board of education a certilicatef»from the county auditor stating that all reports required by law have been filed in his office ; if the clerk and treasurer are paid semi-annually, quarterly, or monthly, the last payment on their salaries previous to August 31, shall not be made until all reports required by law have been filed with the county auditor and his certificate presented to the board of education as required herein. (77 v. 368.) The officers of a school board or municipal corporation are not such officers within the meaning of the Constitution, that their salaries cannot be increased or diminished during their term of office ; but the change could not be retroactive. (Ferry V. Board of Ed., 21 C. C, 785.) 277, 278 , GUIDE FOE OHIO SCHOOL OFFICERS. 306 CHAPTER 11. REPORTS. Section. § 277 (4057) §278 (4058) § 279 (4059) § 280 (4060) Annual report by boarH of educa- tion; its contents. In what form to be made, etc. Reports by superin- tendents and teachers. Duties of county auditor as co school statistics, etc. Section. § 281 (4061) § 282 (4062) § 283 (4063) §284 (4064) Penalties against auditor and clerk. When auditor to appoint person to make report. Further penalties against auditor. Compensation o f auditor. § 277. [Annual report of board of education; its contents.] (§4057.) The board of education of each district shall make a report to the county auditor, on or before the first day of September in each year, containing a statement of the re- ceipts and expenditures of the board, the number of schools sustained, the length of time such schools were sustained, the enrollment of pupils, the average monthly enrollment, and average daily attendance, the number of teachers employed, and their salaries, the number of school houses and school rooms, and such other items as the commissioner of common schools may require. (1888, April 11; 85 v. 192, 195; Rev. Stat. 1880: 70 v. 195, § 75; S. & C, 1353.) § 278. [In what form to be made, etc.] (§ 4058.) The re- port shall be made on blanks which shall be furnished by the commissioner of common schools to the auditor of each county, and by the auditor to each school clerk in his county; and each board of education, or officer or employe thereof, or other school officer in any district or county, shall, whenever the commissioner so requires, report to him direct, upon such blanks as he shall furnish, any statements or items of infor- mation that he may deem important or necessary. (70 v. 195, §75.) 307 EEPORTS OF TEACHERS. S 279 §279. [Reports by superintendents and teachers.] (§4059.) Boards of edu.cation shall require all teachers and superintendents to keep the school records in such manner that they may be enabled to report annually to the county auditor and state commissioner of common schools, as required by the provisions of this title and shall withhold the pay of such teachers and superintendents as fail to file the reports required of them; the records of each school shall, in addition to all other requirements, be so kept as to exhibit the names of all pupils enrolled therein, the studies pursued, shall indicate the character of the work done, the standing of each pupil, and shall be as near uniform throughout the state as may be prac- ticable ; said boards may requre superintendents and teachers to report such matters as they deem important or necessary for information in regard to the management and conduct of the schools and to make such suggestions and recommenda- tions as they can deem advisable relative to methods of in- struction, school management, or other matters of educational interest; and the board of education of each city district shall prepare and publish annually a report of the condition and administration of the schools under its charge, and in- clude therein a complete exhibit of the financial affairs of the district. (97 v. 334.) Boards of education have power to supply themselves with all blank books, order books and stationery necessary for the transaction of their official business, and also to supply teachers with registers and necessary stationery. Every teacher should keep a daily record of the attendance of each pupil enrolled in his school, and for this purpose should be supplied by township or other district board with a suitable school register. Every teacher should record in permanent form the scholar- skip of each pupil, including in the record, as left at the end of each term, the point in each text-book reached by the pupil. In the rural schools, at least, it is better that the same register which is used for recording attendance, be used to record the standing of the pupils also for each term as a matter of great convenience to the incoming teacher. These registers should be returned each term to the clerk of the board of education, and it would be well if all boards would adopt the rule that no order should be issued to a teacher for his final payment until such deposits had been made. It would also be well if the teachers in rural districts were required to send to the §§ 280-282 GUIDE FOR OHIO SCHOOL OFFICERS, 308 clerk, for the information of the board, a statement as to the advanced classes of the school, the points they have reached in their studies, and whether these advanced pupils intend to prosecute their studies further, in order that boards may in- telligently provide instruction for such pupils. § 280. [Duties of county auditor as to school statistics, etc.] (§4060.) The auditor of each county shall, on or before the twentieth day of September, annually, prepare, and transmit to the commissioner of common schools an abstract of all the returns of school statistics made to him from the several districts in his county, according to the form prescribed by the commissioner, and a statement of the condition of the institute fund, and such other facts relating to schools and school funds as the commissioner may require; he shall also cause to be distributed all such circulars, blanks and other papers, including school laws and documents, in the several school districts in the county, as the commissioner may law- fully require ; and if the auditor neglect to prepare and return any of the abstracts or reports herein required the county commissioners shall withhold from him all compensation for his services under this title. (1888, April 11; 85 v. 192, 195; Rev. Stat. 1880; 70 v. 195, § 123; S. S., 705.) §281. [Penalties against auditor and clerk.] (§4061.) The auditor shall also be liable on his bond for any such neg- lect, in a sum not less than three hundred nor more than one thousand dollars, on complaint of the commissioner of com- mon schools; and if the clerk of the board of education of any district fail to make the annual returns of school statistics required bj^ this title, to the county auditor, he shall be liable on his bond in a sum not less than fifty nor more than three hundred dollars, on complaint of the county auditor, or of the board of education, to be recovered in a civil action in the name of the state, and when collected to be paid into the county treasury, and applied to the use of common schools in such district. (70 v. 195, § 123; S. & S., 706.) § 282. [When auditor to appoint person to make report.] (§ 4062.) Upon the neglect or failure of the clerk of the board of education of any district to make the reports required in this title, and by the time specified, the county auditor shall 309 REPORTS OF TEACHERS. §§283,284 appoint some suitable person, resident of the district, to make such reports, who shall receive the same compensation therefor, and in the same manner, as is allowed by laws for like serv- ices. (70 V. 195, § 123; S. & S., 706.) § 283. [Further penalties against auditor.] (§ 4063.) A county auditor who willfullj^ or negligently fails, in any year, to transmit to the commissioner of common schools the ab- stract of enumeration required by section forty hundred and thirty-nine (§ 253), or to perform any other duty required to him under this title, shall be liable on his bond to the extent of twice the sum lost to the school districts of his county in consequence of such failure, which sum shall be recovered in a civil action against him, on his bond, in the name of the state, before any court of competent jurisdiction; and the money so recovered shall be paid into the county treasury, for the benefit of such districts, and apportioned in the same manner as the school funds so lost would have been appor- tioned. (70 V. 195, §§ 81, 124.) §284. [Compensation of auditor.] (§4064). The commis- sioners of each county shall allow the county auditor, annually, a reasonable compejisation for his services under this title, not to exceed five dollars for each city, village, special, and town- ship school district in his county to be paid out of the county treasury; but before such allowance shall be made for any year the auditor shall present to the commissioners a state- ment, officially certified and signed by the commissioner of common schools, that he has transmitted to the commissioner all reports and returns of statistics for that year required by this title. (70 v. 195, § 125.) GUIDE FOR OHIO SCHOOL OFFICERS. 310 CHAPTER 12. BOARDS OF EXAMINERS. Section. §285 (4065) § 286 (4066) § 287 (4067) § 288 (4068) §289 (4069) §290 (4070) § 291 (4071) § 292 (4071a) § 293 (4072) § 294 (4073) §295 (4074) §296 (4075) State board; their a p p o i n tment; terms; vacancies. Power to issue three grades of life certificates; record thereof. Effect thereof; may be revoked for cause. Examination fees, their disposition; compensation o f members; station- ery. County boards; ap- pointment, term, and vacancies; re- movals; notice of appointments; dis- qualifications. Organizat ion of county boards of e X a m i n ers ; re- ports of clerk; compensation of clerk. Meetings for exam- inations ; major- ity's power; exam- ination fee. Uniform system of e x a m i n a t ions; preparation and distribution of ex- amination ques- tions. Disposition of fees. Granting r e n e w al and revocation of certificates; age limit; hearing on revocation of cer- tificates; expenses. Certificates of dif- ferent grades; pre- requisites to em- ployment; branch- es of study; value of life certificates. Compensation and expenses of board. Section. §297 (4076) § 298 (4077) § 299 (4078) § 300 (4079) § 301 (4080) § 302 (4081) § 303 (4082) § 304 (4083) § 305 (4084) §306 (4085) Annual report of clerk, and h i s bond. Boards of examin- ers in city dis- trict; appointment and removal; fill- ing of vacancies; village boards of examiners a b o 1 - ished. Standard of quali- fications for teachers ; examin- ation of schools; law governing board in examin- ing teachers; spe- cial examiners; their oath; duty of school superin- tendents. O r g a n i z a tion of board; bond of clerk. Meetings for exam- inations; notice. Granting, renewal and revocation of certificates; age limit; hearing on revocation of cer- tificate. Nature of certifi- cates to be grant- ed; branches of study. Compensation o f examiners; inci- dental expenses. Records and re- ports; duties of the clerk; disposi- tion of fees. Applicants who fail may appeal to the state commission- er of common schools; method of procedure. 311 STATE BOARD OF EXAMINERS. §§ 285, 286 STATE BOARD OF EXAMINERS. §285. [State board; appointment; term; vacancies.] (§ 4065.) There shall be a state board of examiners, which shall consist of five competent persons, resident of the state, to be appointed by the state commissioner of common schools; not more than three of whom shall belong to he same politi- oal party. The term of office of such examiners shall be five years; he term of one of the examiners shall expire on the 31st day of August, each year, [and when one of which shall expire on the 31st of August every year] , and when a vacancy occurs in the board, whether from expiration of the term of office, refusal to serve, or other cause, the commissioner shall fill the same by appointment for the full or unexpired term, as the case demands. (85 v. 330; 81 v. 95; Rev. Stat, 1880; 70 V. 195, § 85; S. & S., 709.) § 286, [Power to issue three grades of life certificates; re- cord thereof.] (§4066.) The board thus constituted may issue three grades of life certificates to such as are found to possess the requisite scholarship, and who exhibit satisfactory evidence of good moral character and of professional experi- ence and ability ; the certificate shall be for different grades of schools according to branches taught, and shall be valid in the schools specified therein. The clerk of the board shall keep a record of the proceedings, showing the number, date and grade of each certificate, to whom granted, and for what branches of study, and shall report such statistics to the com- missioner, annually, on or before the 31st day of August. (85 V. 330; 78 V. 39; Rev. Stat., 1880; 70 v. 195, § 86; S. & S., 709.) Discretion op Board to Grant Certificate. — The statute seems to leave it within the sole discretionary power of the board of state examiners to issue or withhold a certificate, and the courts will not interfere with the exercise of this discretion and therefore if the state board refuses to grant a certificate the applicant has no further remedy except to appear again for examination. As this board is directly under the control of the state commissioner of the common schools, the legislature has, no doubt, deemed that it could very well entrust this discretionary power with such board. If the board, however, for a malicious purpose, refuse to grant the certificate, the ap- plicant might recover damages in a suit in a court of law. §§ 287-289 GUIDE FOR OHIO SCHOOL OFFICERS. 312 §287. [Effect thereof; may be revoked for cause.] (§ 4067.) All certificates issued by such board shall be count- ersigned by the commissioner of common schools; and such certificates shall supersede the necessity of any and all other examinations of the persons holding them, by any board of examiners, and shall be valid in any school district in the state, unless revoked by the state board for good cause. (70 v. 195, § 87; S. & S., 709.) Revocation of State Certificate. — The statute gives the right of the state board of examiners to revoke for good cause, and what may constitute good cause seems to be left very largely in the discretion of the state board, and this follows, no doubt, from the fact that the board has a discretionary power to grant, and therefore ought to have the same right to revoke. There would be no doubt but what any of the causes which would justify a county board of examiners in revoking a county certificate would be held a good cause within the mean- ing of the above section. See section 4073 (§ 294) as to re- vocation of county certificates. There is no procedure adopted or suggested by the statutes whereby the applicant is entitled to a hearing upon such revocation, but in all fairness to the applicant, it might be well for the board to proceed in the same manner as county examiners proceed in revocation of a county certificate. §288. [Examination fees; their disposition; compensation of members; stationery.] (§4068.) Each applicant for a certificate shall pay to the board of examiners a fee of five dollars; and the clerk of the board shall pay to the state treasurer, all fees received, and file with the state auditor a written statement of the amount. Each member of the board shall be entitled to receive five dollars for each day he is necessarily engaged in official service, and also six cents per mile each way for traveling from and to his place of residence, by the most direct route of public travel to and from the places of meetings of the board, tp be paid out of the state treasury on the order of the state auditor; all books, blanks and stationery required by the board shall be furnished by the secretary of state. (1888, April 16; 85 v. 330; 82 v. 100; Rev. Stat, 1880; 70 v. 195, § 88; S. & S., 709.) §289. [County boards; appointment, term, and vacancies; removals; notice of appointment; disqualifications.] (§4069.) 313 COUNTY EXAMINER. § 289 There shall be a county board of school examiners for each county, which shall consist of three competent persons to be appointed by the probate judge. Two of such persons shall have had at least two years' experience as teachers or super- intendents, and shall have been within five years, actual teach- ers in the public schools. Each person so appointed shall be a legal resident of the county for which he is appointed, and, should he remove from the county during his term, his office shall be thereby vacated and his successor be appointed. No examiner shall teach in, be connected with, or be financially in- terested in any school which is not supported wholly or in part by the state, or be employed as an instructor in any teachers' institute in his own county ; nor shall any person be appointed to the position, or exercise the office of examiner who is agent of or is financially interested in any book publishing or book- selling firm, company or business, or in any educational jour- nal or magazine. If an examiner becomes connected with or interested in any school not under state control, or is em- ployed in any such institute in his own county, or becomes an agent of or interested in any book company or journal, or fails to hold the necessary teacher's certificate, or removes from the county, the probate judge shall forthwith, upon being ap- prised of such fact, remove such examiner and appoint his successor. The term of office of such examiner shall be three years. The term of one of the examiners shall expire on the thirty-first day of August, each year; but the probate judge shall revoke the appointment of any examiner, upon satisfac- tory proof that he is inefficient, intemperate, negligent, guilty of immoral conduct, or that he is using his office for personal or private gain. When a vacancy occurs in the board, whether from expiration of the term of office, refusal to serve, or other cause, the probate judge shall promptly fill the same by ap- pointment for the full or unexpired term, and said judge shall, within ten days, report the same to the state commissioner of common schools, together with the names of the other mem- bers of the board and the date of the expiration of their sev- eral terms of office. The members of county boards of ex- aminers, as now constituted, shall serve for the full term for which they were appointed unless removed for cause as pro- § 289 GUIDE FOR OHIO SCHOOL OFFICERS, 314 vided for in section forty hundred and sixty-nine (§ 289) as it existed previous to this enactment. (97 v. 369,) Appointment and Qualifica- Discretionary Power to Re- tions of Examiner. voke. Eevoeation of Certificate. Eligibility — Oath of Office. Form of Oath. Appointment and Qualification of Examiner. — The probate judge is invested with absolute discretionary power in his se- lection of the persons who shall constitute the county board of school examiners. The statute, however, places some restric- tions and qualifications as to what may constitute a competent person for such a position and the first is that "two members of the board shall have had at least two years' experience as teach- ers or superintendents and shall have been within five years actual teachers in the public schools," and second, that the examiner shall be a resident of the county. In addition to these two statutory qualifications no one ought to be appoint- ed an examiner who is then in such a condition that even if he were appointed, there would be good cause for his removal. It might be well to say that the school examiner should not only possess the educational requirements, but that his char- acter and reputation in all moral matters should be of the highest, for unless he possesses these qualifications he can not with absolute impartiality pass upon the qualifications of those under him, for the very important position of school teacher. Revocation of Authority. — The statute gives several grounds which disqualify a person from being a school examiner and justify his removal. First. That he shall not teach in or be con- nected with, or be financially interested in any school which is not supported wholly or in part by the state, or be employed as as instructor in any teachers' institute in his own county. By this provision the legislature has intended to keep the examiner free to pass upon the merits of all applicants and prevent him from establishing a school and by reason of his being examiner, getting pupils and teachers to attend his school, under the possible accusation of exercising a partiality in their favor. It is very broad, and will not allow him to be connected with any other than the public schools. Nor will it even allow him to be an instructor in a teachers' institute in his ow^n county. The second ground for removal would be for the examiner to become the agent or financially interested in any book publishing or book or magazine house or firm. This, likewise, is very broad, and it would not be eon- fined to the limits of his own county. Under this provision he would be subject to removal if he became the agent anywhere else of anv such book concern or financially interested in it, no 315 REMOVAL OF EXAMINER. § '289 matter where located. There might be some question whether it is made to include anything other than firms engaged in pub- lishing school books, etc., but it seems that the language is broad enough to embrace all companies engaged in any kind of book business. While the selling of miscellaneous books might not directly interfere with the examiner in the proper discharge of his duties, yet the examiner might by his posi- tion impose on applicants in soliciting them for the pur- chase of such books, etc. The third ground for revocation of the certificate is the removal of the examiner from the county. Outside of these three grounds, the probate judge shall revoke such appointment when he becomes convinced of satisfactory proof that the examiner is inefficient, intemperate, negligent, guilty of immoral conduct, or that he is using his office for per- sonal or private gain. Discretionary Power to Revoke. — The statute makes it man- datory upon the probate judge to remove the examiner if satisfactory proof is given of the existence of any of the above causes. No mode of procedure is suggested by the statute, nor what statutory proof is required, and it seems to me that these matters are left entirely in the discretion of the probate judge, and unless it can be shown that the judge acted mali- ciously and without cause, a higher court would not interfere with the exercise of this discretion. Certainly, what would be a good cause for the revocation of the teacher's certificate, would be good cause for the revocation of the commission of the examiner. EiJGiBiLiTY — Oath op Office. — ^While the position of the school examiner is not an office within the meaning of the constitutional provision, "that any person shall be elected or appointed to any office in this state unless he has the qualifi- cations of an elector," yet it is such an office within the meaning of the Constitution that would require the incumbent to take an oath to support the Constitution of the United States, of this state as well, as that he would faithfully and impartially discharge the duties pertaining to his position. Therefore, every examiner should, before he enters upon the discharge of his position, take an oath of office. The position being such that the incumbent need not possess the qualifica- tions of an elector, women may be appointed to be school examiners. The oath of office may be in the following form: Form of Oath. T, A. B., do solemnly swear that I will support the Constitution of the United States and the Constitution of the state of Ohio, and will faithfully and impartially discharge the duties of school examiner in and for the county of , state of Ohio, during the time that I may be an incumbent of said office. § 2^0 GUIDE FOR OHIO SCHOOL OFFICERS. 316 § 290. [Organization of county boards of examiners; reports of clerk; compensation of clerk.] (§4070.) The board of county school examiners shall, annually, in the month of September, organize by choosing from its members a president, a vice-president, and a clerk; the president shall preside at all the meetings of the board, and in his absence the vice- president shall preside; the clerk shall keep a full and accu- rate record of the proceedings of the board, showing the number and date and character of each certificate issued, and to whom, for what term, and for what branches of study, and such other statistics relating to the examination and the pro- ceedings of the board as the state commissioner of common schools may require, and in the form and manner he may require, and shall make a report of all such items annually on or before the first day of September ; the clerk shall receive for his services as clerk four dollars for each examination of sixty applicants or less, six dollars for each examination of more than sixty applicants and less than one hundred, eight dollars for each examination of one hundred applicants or more, to be paid out of the county treasury on the order of the county auditor, but no order shall be drawn for the month of August until the clerk produce a receipt from the state commissioner of common schools that he has filed all the re- ports for the year required by said commissioner. The board shall make all needful rules and regulations for the proper discharge of its duties and the conduct of its work, subject to statutory provisions and the approval of the state com- missioner of common schools. (97 v. 370.) Powers and Duties of Board. — The powers of the board of examiners are strictly laid out by statute. They constitute, no doubt, the lowest form of a quasi corporation. They would have no power to bind any other body or person with any acts that they might do, except within the powers given to them. For all wrongful acts, if responsible at all, they would be individually so held. Where matters are of a discretionary character they would not be liable unless they maliciously committed the wrong. However, for acts of a ministerial character, if performed in such a way that another suifered damage therefrom, they would be liable, and if such acts were performed by them as a board they would be joint tort-feazors. The board in all its acts should observe the ordinary rules applicable to organizations consisting of several persons, creat- 317 MEETINGS OF COUNTY EXAMINERS. §§291,292 ed by law, in order to give legality to any matter properly coming before them. The individual acts of a member would not be the acts of the board. The statute specifically provides for the board's organization and its proper officers and that a record of its proceedings should be had. The ordinary parliamentary rules would govern the action of such a body, and before any act can be legally done it would require the affirmative action of a majority of such a board. §291. [Meetings for examinations; majority's power; ex- amination fee.] (§4071.) Each board shall hold public meet- ings for the examination of applicants for county teachers' certificates on the first Saturday of every month of the year, unless Saturday should fall on a legal holiday, in which ease, said examination shall be held on the succeeding Saturday, at such place or places, within the county as will, in the opinion of the board, best accommodate the greatest number of applicants, notice of which shall be published in two weekly newspapers of different politics printed in the county, if there are two papers thus published, if not, then a publication in one only is required. In no case shall the board hold any private examination or antedate any certificate. A majority of the board may examine applicants and grant certificates ; and as a condition of any applicant being admitted to take the examination, each such applicant shall pay to the board for the use of the county institute a fee of fifty cents. (97 v. 371.) Because a majority of the board may do business, etc., does not mean that it shall be done otherwise than in the regular way that a body composed of several individuals should trans- act business (see §89). A certificate issued by a board of examiners in one county is not valid in the other counties of the state. An official trust can not be delegated. See III Central Law Journal, p. 472. The board has no authority, therefore, to appoint a substitute to perform the duties of any of its mem- bers. A certificate depending on the signature of such substi- tute for its validity is worthless. As all citizens are bound to know the law, so candidates and school authorities are bound to know who are legal, or, at least, de facto public officers. (Com.) §292. [Uniform system of examinations.] (§ 4071a.) Af- ter the first day of September, 1904, the questions for all county teachers' examinations, throughout the state, shall be §§293,294 GUIDE FOR OHIO SCHOOL OFFICERS. 318 prepared and printed under the direction of the state com- missioner of common schools, and a sufficient number of lists shall be sent, under seal, to the clerks of the said boards of examiners not less than five days before each examination, said seal to be broken at the time of the examination at which they are to be used, and in the presence of the applicants and a majority of the members of the examining board. [Penalty for publishing or giving information about ques- tions or unlawfully possessing same.] Any person or persons connected with the preparation, printing, distribution, or hand- ling of said questions, who shall, prior to the examination in each branch of study, make the same public in any manner, or give information in regard to the nature or character of the questions to any applicant for a certificate or other person, and any person or persons other than those connected with the preparation, printing, distribution, or handling of said ques- tions who shall be found in possession of any of said questions prior to the distribution of the same for the use of applicants at any examination, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than fifty dollars nor more than one hundred dollars and shall be imprisoned not less than thirty days nor more than ninety days. (98 V. 228; 97 v. 371, April 25, 1904.) See questions in appendix. §293. [Disposition of fees.] (§4072.) The clerk of the board of county school examiners shall promptly collect a,ll fees from applicants at each examination and pay the same into the county treasury quarterly, and he shall file with the county auditor a written statement of the amount, and the number of applicants, male and female, examined during the quarter; and all such money thus received shall be set apart by the auditor for the support of county teachers' institutes, to be applied as provided for in chapter thirteen of this title. (97 V. 371.) § 294. [Granting renewal and revocation of certificates; age limit; hearing on revocation of certificate; expenses.] (§ 4073.) The county board of school examiners may grant teachers' certificates for one, two, three, five and eight years from the day of the examination; and said certificates shall be valid in 319 RENEWAL OF CERTIFICATES. § 294 all village, township, and special school districts of the county wherein they are issued, but in all school districts situated in two or more counties teachers' certificates obtained in either county shall be valid in such districts. All teachers' certifi- cates granted for one, two or three years shall be regarded as provisional certificates and shall be issued only in com- pliance with such reasonable regulations and standards and upon such ratios as the board may adopt, but no such cer- tificate shall be renewed except upon examination ; provided, that when any teacher holding a two year certificate and having for the last five years preceding been continuously en- gaged in teaching in the same county, said teacher shall be entitled to have his or her certificate renewed by passing an examination in theory and practice ; all certificates granted for five years, or eight years, shall be rega'rded as professional certificates and shall b§ renewable without examination at the discretion of the examining board, if for three years pre- ceding the date of the application the holders thereof shall have been engaged in teaching, not less than twelve months of such time being spent in the same district and the board of examiners being satisfied as to the moral character and the professional attainments of the holders thereof. No certificate shall be issued to any person who is less than eighteen years of age ; and if at any time the recipient of a certificate be found intemperate, immoral, incompetent, or negligent, the examiners, or any two of them, may revoke the certificate; but such revocation shall not prevent a teacher from receiving pay for services previously rendered; but before any hearing is had b}^ a board of examiners on the question of the revoca- tion of a teacher's certificate, the charges against the teacher shall be reduced to writing and placed upon the records of the board, and the teacher shall be notified in writing as to the nature of the charges and the time set for the hearing, such notice to be served personally or at his residence, and the teacher shall be entitled to produce witnesses and defend himself; the examining board shall have power to send for witnesses and examine them on oath or affirmation touching the matter under investigation, and said oath or affirmation may be administered by any member of the board of ex- aminers. The fees and the per diem of examiners for con- § 294 GUIDE FOR OHIO SCHOOL OFFICERS. 320 ducting such investigation at three dollars a day each and other expenses of such trial shall be certified to the county auditor by the clerk and president of the examining board, and be paid out of the county treasury upon the order of the auditor. (97 v. 371.) Granting Certificates. Notice to Teacher. Good Moral Character. Form of Notice. Revocation of Certificate. Service of Notice. Procedure to Revoke. Hearing, etc. Form of Resolution. Form of Resolution, Granting Certificates. — The board of examiners must pro- ceed in the manner provided by statute in the granting of certificates, and they may adopt such rules and regulations thereto as may be approved by the state commissioner of schools. Section 4070 (§ 290). The statute must be strictly pursued in reference to the certificate and the various branches of education which the certificate is i^ntended to cover. There is no limitation as to residence of the applicant. A certificate can not be granted to a person who is under eighteen years of age, and will not be valid in any county other than that in which it is granted, except where school districts include part of two counties, then a certificate granted in either county will be valid. No certificate should be granted to any one who is then in such a condition that if he were appointed the examin- ers might revoke his certificate. See section 4071 (§29). Good Moral Character. — There is nothing said in the above section about the good moral character of the applicant, but the next section of the Revised Statutes makes it mandatory on the teacher to have a certificate from the board of examiners that he is of good moral character. And so it is incumbent upon the examiners not only to examine the applicant in the required statutory matters of the grade of certificate which he seeks, but also examine the applicant's moral character. "What would constitute good moral character would be a ques- tion upon which persons in different avocations and conditions of life would differ upon. What it means, however, is that the applicant is of such a character that he can successfully teach his pupils in the way that Avill cause them to become good citizens and whose example will be such as not to lead his pupils into doing anything wrong or immoral. In a Michi- gan case, Weim^an v. Mabee, 45 Mich., 484, it was held ''that a man who habitually violated his duty by profanity, and Sabbath breaking, was of a bad moral character, and was not a proper person to be licensed to teach in a public school." It will be observed that the statute uses the words, not moral 321 REVOCATION OF CERTIFICATES. § 294 character, but good moral character. So it would, seem that a higher standard is required than that of mere morality. Whether or not the possession of a habit, which is conceded be to injurious to the health, such as cigarette smoking, would be included, may be one of doubt, but considering the influ- ence that the teacher has over his pupils by the habits he exercises, it would seem to the author that even such a habit as this is one which should deprive the applicant from a certificate, as being one not of a good moral character. Revocation of Certificate. — If at any time the recipient of the cerificate be found intemperate, immoral, incompetent, or negligent, the examiners or any two of them may revoke the certificate. This power of revocation is a discretionary power vesting in the examiners, and they are judges as to when such teacher is intemperate, immoral, incompetent, or negligent. Upon this question one of our common pleas judges has well said : "I am fully convinced that the board of school examiners is the only tribunal authorized to hear and determine the question as to whether a teacher's certificate shall be revoked or not, and that its action in the matter is final. "Said examiners are selected and appointed by the probate court on account of their learning, ability, honor and fitness for the position, and when so selected and appointed, they are by statute fully clothed with all the powers of granting cer- tificates and revoking the same under the provisions of the statute. "The teacher in our public schools occupies one of the most important and responsible positions in the community. Our children are intrusted to his care for education and guidance. The parents as well as the pupils have a right to look up to him as an example and guide to their conduct. And so long as he maintains their confidence his examples are followed and his conduct imitated. By intemperate habits or immoral con- duct he loses the respect of the parents and pupils, and his usefulness is gone. And when it is ascertained by the ex- aminers that a teacher is intemperate or immoral, it is made their duty by statute to deprive him of the license which they have given him to teach, by revoking his certificate. The duty of revoking this certificate must be placed somewhere, and the legislature has seen fit to place it in the power of the board which granted it, and not in any court. It has not provided for a review of the examiner's action, and hence I am of the opinion that it was legislative intent that that action should be final." 1 N. P., 154. (The State of Ohio ex rel. Moses Peabody v. The Board of County School Examiners of Lorain Co.) § 294 GUIDE FOR OHIO SCHOOL OFFICERS. 322 Procedure to Revoke. — The present section of the Revised Statutes provides that before such certificate is revoked that the charges against the teacher shall be reduced to writing and placed upon the records of the board, and the teacher shall be notified in writing as to the nature of such charges, and the time set for hearing, and that such notice shall be served personally or at the teacher's residence and the teacher and the board shall have power to send for witnesses and examine them. This charge no doubt could be made in the form of a resolution and in that way it would become a part of the records in the regular manner. If brought in the form of a resolution it should set forth with sufficient clearness the matter complained of, so as to apprise the teacher of the na- ture of the charge that he is required to answer. If the charge is intemperance, it should so state and set forth times when and where the teacher was intemperate. If the charge be immorality, specific acts likewise should be stated. If it be incompetency, the charge should state in what respect the teacher is incompetent, and so if the charge is one of negli- gence, in like manner it should set out some specific facts constituting the alleged negligence. The resolution might be in the following form : Form of Resolution. Whereas, information has been brought to this board that one C. D., a teacher in this county holding a certificate granted by this board, is guilty of intemperance in this, to wit: That on the day of ...... he was in an intoxicated con- dition on the public streets of the city of and That on the day of he was in an intoxicated con- dition in the presence of the scholars of the school in which he was teaching (or here set out in detail whatever the charge may be). Resolved, that such charges against the said A. B., teacher, shall be reduced to writing and placed upon the records of this board, and that the same shall be set for hearing on the day of , and that a copy of this resolution and charges therein contained be served personally upon such teacher, or, if not "found, left at his usual place of residence, and that the same shall be for hearing on the day of Notice to Teacher. — The statute does not say who shall serve the notice, but this duty no doubt would be properly performed by the clerk of the board of examiners. Nor does it say what length of time should be given between the time of service of notice and the time of hearing. This should be a reasonable time, depending largely upon the exigencies of the case. If the offense is such that there is an immediate injury to the scholar, the hearing ought to be held in a very short time. In any case it ought not to be longer than sufK- cient time for the teacher to properly prepare his case. The following might serve as a form: 323 GRADE OF CERTIFICATES. § 295 Form of Notice. To A. B., Teacher in the Common Schools of County: You are hereby notified that at a meeting of the scliool examiners held on tlie day of , the following resolution was passed (here copy resolution and charges). You will take notice accordingly of the same and be prepared to meet such charges therein set forth at the time therein specified for hearing before this board at its usual place of meeting at Service of Notice. — Care should be taken that the notice is served as the statute directs. The clerk should serve the no- tice by copy, keep the original and make a report on the back of the notice of the time when and where and the manner in which the service was made upon the teacher and a memoran- dum of this should be placed upon his minutes. Hearing, etc. — At the time appointed for hearing", the board should convene for that purpose and see whatever testimony may be offered in sustaining the charges or in refutation of the same. The usual order preserved in court proceedings might be followed, although the}^ are not absolutely essential. When all the testimony has been adduced, the board should determine whether or not the teacher is guilty of the charges, and should make a finding in accordance thercAvith, and this should be in the form of a resolution, which may be as follows : Form of Resolution. In the Matter of the Charges Heretofore Preferred Against A. B., a Teacher in the Schools of This County: The same came on to be heard pursuant to a former resolution of this board, and the same was submitted upon the testimony of wit- nesses, it appearing to the board that notice thereof had been given to said A. B., teacher, as required by law; and, It further appearing that the said A. B., teacher, is guilty (or not guilty, as ,the case may be) of the charges made against him. Therefo're, be it further resolved that the certificate granted to him to teach schools in this county on the day of be, and the same is hereby revoked. § 295. [Certificates of different grades; prerequisites to em- ployment; branches of study; value of certain life certificates.] (§ 4074.) From and after the first day of September, 1904, three kinds of teachers' certificates only shall be issued by county boards of school examiners ; said kinds of teachers ' certificates shall be styled respectively : [Elementary.] "Teacher's Elementary School Certificate," which shall be valid for all branches of study below high school rank. § 295 GUIDE FOR OHIO SCHOOL OFFICERS. 324 [High school.] ''Teacher's High School Certificate," which shall be valid be valid for all branches of study in recognized high schools and for superintendents, and "Teacher's Special Certificate," which shall be valid in schools of all grades, but only for the branch or branches of study named therein. [Branches elementary.] From and after the first day of September, 1905, no person shall be employed or enter upon the performance of his duties as a teacher in any elementary school supported wholly or in part by the state in any village, township, or special school district who has not obtained from a board of school examiners having competent jurisdiction a certificate of good moral character and that he or she is quali- fied to teach orthography, reading, writing, arithmetic, English grammar and composition, geography, history of the United States, including civil government, physiology including nar- cotics, literature, and that he or she possesses an adequate knowledge of the theory and practice of teaching; [Branches high school.] and no person shall be employed or enter upon the performance of his duties as a teacher in any recognized high school supported wholly or in part by the state in any village, township, or special school district, or act as superintendent of school in such district, who has not obtained from a board of examiners, having competent juris- diction a certificate of good moral character and that he or she is qualified to teach literature, general history, algebra, physics, physiology including narcotics, and, in addition there- to, four branches elected from the following branches of study : Latin, German, rhetoric, civil government, geometry, physical geography, botany and chemistry; and that he or she possesses an adequate knowledge of the theory and practice of teaching ; and no person shall be employed and enter upon the per- formance of his duties as a special teacher of music, drawing, painting, penmanship, gymnastics, German, French, the com- mercial and industrial branches, or any one of them, in any elementary or high school supported wholly or in part by the state in any village, township, or special school district, who has not obtained from the board of examiners having competent jurisdiction a certificate of good moral character and that he or she is qualified to teach the special branch or branches of study; and in addition thereto, that he or she 325 RENEWAL WITHOUT EXAMINATION, § 295 possesses an adequate knowledge of the theory and practice of teaching; [Renewal without examination.] provided, that county boards of school examiners are authorized to recognize or re- new, at their discretion, in the appropriate kind and for the same length of time any certificate or certificates, held by teachers who may apply for such recognition or renewal prior to the first day of September, 1905, and provided, further, that no person holding a common school life certificate issued by the board of state examiners shall be required to hold any other certificate to teach in the elementary schools of the state, nor shall any holder of said common school life certificate be required by any board to be examined in any of the branches covered by said certificate in order to be granted the teachers' high school certificate authorized herein. (97 v. 372.) See Appendix, for nature of questions. Comments. Compensation can not be Col- Grades of Certficates. lected Unless Teacher Has Proper Certificates. Comments. — See section 4051 (271). For instruction as to the effect of alcoholic drinks and nar- cotics on the human system, in the public schools, see section 4020-23. Qualifications, etc., of teachers of day schools for deaf chil- dren, see act following section 3901. The above section forbidding the employment of a teacher who has no certificate was not intended to guard against a contract, but against incompetency; hence, if the teacher gets his certificate after the contract, but before entering on his duties, it is sufficient; the latter is the employment. (School District V. Oxford Tp., 22 0. S., 194.) No money can be legally drawn for teaching a day without a certificate, and to receive public money illegally is a crime under sections 6841 (§266) and 6846. As to penalty for bribing or attempting to bribe an officer, see section 6900. Teachers in schools at children's homes and in kindergarten schools, supported by public funds, must hold certificates. Grades of Certificates. — The above section grades the cer- tificates into three different kinds, to wit : elementary school certificates, high school certificates, and special certificates, and defines with clearness, and also requires that no person § 295 GUIDE FOR OHIO SCEIOOL OFFICERS. 326 shall be employed as a teacher m any of the different grades of schools unless he has obtained a proper certificate. Compensation can not be Collected Unless Teacher Has Proper Certificate. — Unquestionably a teacher can not recover compensation for teaching unless he has the required certifi- cates (School Directors v. Jennings, 10 111. App., 6-13; Harrison Tp. V. Conrad, 26 Ind., 337). And this is true, even though the school board might agree to dispense with such certificate (Barr V. Deniston, 19 N. H., 170). Neither will the fact that a cer- tificate has been afterwards granted be sufficient to permit collection for services rendered before (Putnam v. Irvington, 69 Ind., 80; Butler v. Haines, 79 Ind., 575). In Tennessee the statute has made it an indictable offense to employ a teacher who has no certificate (Robinson v. State, 2 Coldw. (Tenn.), 181). Neither can a recovery be had if the examiners wantonlv refuse to examine the teacher (Jackson v. Hampden, 20 Me., 37). A power to recover in such a case has been very thoroughly discussed in the following case : In the case of Goose River Bank v. Willow Lake S. Tp., 44 N. W. Rep. (N. D.), 1002, it was held: ''Every contract relating to the emploj^ment of a teacher who does not hold a lawful certificate of qualification, is void by the express terms of the statute, and every warrant issued in payment of services of such teacher is without consideration, and void. School township warrants are not negotiable instru- ments, in the sense that their negotiation will cut off defenses to them existing against them in the hands of the payee. The officers of a school township can not estop the township by a representation, express or implied, that the facts to authorize the issue of a lawful warrant exist. Where a contract is ex- pressly prohibited or declared void by statute, retention of the fruits of such contract will not subject a municipality to liability under the contract or on a quantum meruit. A per- son who assists a public officer in depriving the public of the benefits of a statutory protection designed to guard the peo- ple against unfit and incompetent teachers has no standing in court, and his assignee will receive no greater considera- tion. "There is no force in the position that the defendant, having received the benefit of the teacher's service, is liable. Such a doctrine would defeat the policy of the law, which is to give the people of the state the benefit of trained and competent teachers. The law recognizes only one evidence that that policy has been regarded — the certificate of qualification. If the defendant could be made liable by the mere receipt of the benefit of the services rendered, the law prohibiting the em- ployment of teachers without certificates, and declaring void 327 COMPENSATION OF TEACHERS, § 295 all contracts made in contravention of that provision, would be, in effect, repealed, and tlie protection of the people against incompetent and unfit teachers, which such statute was enacted to accomplish, would be destroyed. Where a contract is void because the express declaration of a statute, or because pro- hibited in terms, the retention by a municipality of the fruits of such a contract will not subject it to liability, either under the contract or upon a quantum meruit (Dickinson v. City of Poughkeepsie, 75 N .Y., 65 ; McBrien v. City of Grand Rapids, 22 N. W. Rep., 206; Thomas v. Richmond, 12 Wall., 349; Argenti v. San Francisco, 16 Cal., 255; City of Litchfield v. Ballon, 114 U. S., 190; 5 Sup. Ct. Rep., 280. See also Tube- works V. City of Chamberlain (Dak.), 37 N. W., Rep., 762). This is particularly true in a case like the one at bar, where no person can teach without the certificate, without being actually or legally in collusion with local officers to defeat a wise and salutory statute, enacted as a barrier against the employment of unqualified teachers. The person who teaches without the cer- tificate has violated the letter and spirit of the law. The wrong done is without remedy. The people who have thus had this barrier torn from about them have no redress. Shall the wrongdoer be compensated for aiding the school township officers in breaking this down barrier, thus depriving the people of the protection of this important law? In this con- nection the language of the court in Thomas v. Richmond, 12 Wall., 349, is very applicable: 'The issuing of bills as a currency by such a corporation, without authority is not only contrary to positive law, but, being ultra vires, is an abuse of the public franchises which have been conferred upon it, and the receiver of the bill, being chargeable with notice of the wrong, is in pari delicto with the officers, and should have no remedy, even for money had and received, against the cor- poration upon which he has aided in inflicting the wrong. The protection of public corporations against such unauthorized acts of their officers and agents is a matter of public policy, in which the whole community is concerned, and those who aid in such transactions much do so at their peril.' "In City of Litchfield v. Ballon, 114 U. S., 190 (5 Sup. Ct. Rep., 820), the same court said: 'The money received on the bonds having been expended, with other funds raised by taxa- tion, in erecting the water Avorks of the city, to impose the amount thereof as a lien upon these public works would be equally a violation of the constitutional prohibition as to raise against the city all implied assumpsit for money had and re- ceived. The holders of the bonds and agents of the city are particeps criminis in the act of violating that prohibition, and equity will no more raise a resulting trust in favor of the bond- holders than the law will raise an implied assumpsit against a §§296,297 GUIDE FOR OHIO SCHOOL OFFICERS. 328 public policy so strongly declared' The judgment of the dis- trict court is affirmed. All Concur." §296. [Compensation and expenses of board.] (§4075.) Each member of the county board of school examiners shall be entitled to receive ten dollars for each examination of sixty applicants or less, fourteen dollars for each examination of more than sixty applicants and less than one hundred, eighteen dollars for each examination of one hundred applicants or more, to be paid out of the county treasury on the order of the county auditor; all books, blanks and stationery required by the board shall be furnished by the county auditor; the board may contract for the use ^of suitable rooms in which to con- duct examinations, for the printing of examination questions, may procure fuel and light, and employ janitors, to take charge of the rooms and keep them in order, and the expenses so in- curred, together with the cost of advertising required by sec- tion forty hundred and seventy-one (§291), shall be paid out of the county treasury on orders of the county auditor, who shall issue such orders upon the certificate of the president of the board, countersigned by the clerk. (97 v. 373.) §297. [Annual report of clerk and his bond.] (§4076.) The clerk of the board shall prepare, and forward to the state commissioner of common schools, on or before the first day of September in each year, a statement of the number of examina- tions held by the board, the number of applicants examined, the total number of certificates granted, and the number for each term mentioned in section forty hundred and seventy- three (§294), the amount of fees received and paid to the county treasurer, the amount received from the county treas- ury by the members of the board for their services, and such other statistics and information in relation to the duties of the board as said commissioner may require ; and he shall deposit with the county auditor a bond, with surety to be approved by the auditor, in the sum of three hundred dollars, that he will pay into the county treasury, quarterly, the examination fees received by the board, and make the statistical returns re- quired by this chapter. (97 v. 373.) 329 CITY EXAMINERS. . § 298 CITY EXAMINERS. §298. [Boards of examiners in city districts; appointment and removal; filling of vacancy; village boards of examiners abolished.] (§ 4077.) There shall be a city board of school examiners for each city school district, to be appointed by the board of education of the district ; such board shall consist of three persons, and the majority of the persons appointed shall have had at least two years' practical experience in teaching in the public schools and all persons appointed shall be other- wise competent for the position and residents of the district for which they are appointed; the term of office of such ex- aminers shall be three years; the term of one-third of the ex- aminers shall expire on the thirty-first day of August each year ; but the board of education may revoke any appointment upon satisfactory proof that the appointee is inefficient, in- temperate, negligent, or guilty of immoral conduct; when a vacancy occurs in the -board, whether from expiration of term of office, refusal to serve, or other cause, the board of educa- tion shall fill the same by appointment for the full or unex- pired term, as the case demands; and within ten days after an appointment, the clerk of the board of education shall re- port to the state commissioner of common schools the name of the appointee, and whether the appointment is for a full or an unexpired term; provided, that in city school districts that now have a board of cit}^ school examiners consisting of three members, the members of the same shall serve for the full term for which they are appointed; when the board does not consist of three members the same is hereby abolished and a new board shall be appointed, the members to serve for one, two and three years from the thirty-first day of August suc- ceeding the passage of this act. All village boards of ex- aminers are hereby abolished, but certificates issued by said boards shall continue in force within the village school district, for the full time for which they were issued. (97 v. 374.) Appointment of City ]\Tembers.— In city school districts the law gives the appointing power for school examiners for such districts to the board of education. Like the county examin- ing board it shall consist of three members. The qualifications are very much similar to those of county examiners, and I have no doubt that a woman is eligible to the position, and what was said about the appointment, qualification, and powers of a §§ 299, 300 GUIDE FOR OHIO SCHOOL OFFICERS. 330 county board of examiners is applicable to examiners appointed by the probate judge. The only difference being, that they are appointed by the board of education instead of by the pro- bate judge. The board of education is the board to determine the standard of the qualification of teachers and having deter- mined this standard the board of examiners must conform thereto. If there are any difficult branches or special studies the board may secure assistance for these examiners. Such assistants must have administered to them an oath of office. The appointment should be made within a reasonable short period before the expiration of the term of office of the in- cumbent, and should be by resolution spread on the minutes. An aye and nay vote need not be had unless demanded by some member and the majority of the quorum present would be sufficient. §299. [Standard of qualification for teachers; examination of schools ; law governing board in examining teachers ; special examiners; their oath; duty of school superintendents.] (§ 4078.) Each city board of school examiners shall determine the standard of qualification for teachers, and may examine any school in the district when such examination is deemed necessary to ascertain a teacher's qualifications, but in the ex- amination of applicants and the granting of certificates the board shall be governed by the provisions of section forty hun- dred and seventy-four (§ 295), and to secure a thorough exami- nation of applicants in difficult branches, or special studies, the board may secure the assistance, temporarily, of persons of sufficient knowledge in such branches or studies, who shall promise on oath or aifirmation, to be administered by the clerk of the board of examiners, to perform the duites of examiner faithfully and impartially, and superintendents of schools shall give to the board all necessary information in reference to branches and special studies to be taught, and the branches of study and grades of school which teachers will be required to teach. (97 v. 374.) §300. [Organization of board; bond of clerk.] (§4079.) Each city board of school examiners shall organize during the month of September each year by choosing from its members a president, a vice-president, and a clerk; the president shall preside at all the meetings of the board, and in his absence the vice-president shall preside ; the clerk shall perform all the 331 MEETINGS FOR EXAMINATIONS. §§ 301 302 duties required in this chapter of the clerk of the board of county school examiners in so far as said duties apply, and shall give bond, in the sum of three hundred dollars with surety to be approved by the board of education, conditioned that he will perform faithfully the duties required of him by this chapter, which bond shall be deposited with the clerk of the board of education. (97 v. 375.) §301. [Meetings for examinations; notice.] (§4080.) Each board of city school examiners shall hold not less than two meeting's each year, notice of which shall be published in some newspaper of general circulation in the district, and the expense of such publication shall be paid as provided in section forty hundred and eighty-three (§304), and all examinations of applicants" shall be conducted at the meetings of the boards thus called, and the examination of each and every applicant shall be in the presence of at least two members of the board. (97 v. 375.) §302. [Granting, renewal and revocation of certificates: age limit; hearing on revocation of certificate.] (§ 4081.) Each city board of school examiners may grant teachers' cer- tificates for one, two, three, five, and eight years from the day of examination; and said certificates shall be valid within the district wherein they are issued. All teachers' certificates granted for one, two, or three years, shall be regarded as pro- visional certificates and shall be issued only in compliance with such reasonable regulations and standard and upon such ratios as the board may adopt, but no such certificate shall be re- newed except upon examination; provided, that when any teacher holding a two year certificate and having for the last five years preceding been continuously engaged in teaching in the same county, said teacher shall be entitled to have his or her certificate renewed by passing an examination in theory and practice ; all certificates granted for five years, or eight years. shall be regarded as professional certificates and shall be re- newable without examination at the discretion of the examin- ing board, if for three years next preceding the date of the application of the holders thereof shall have been engaged in teaching, not less than twelve months of such time being spent in the same district and the board being satisfied as to the §§ 303, 304 GUIDE FOR OHIO SCHOOL OFFICERS. 332 moral character and professional attainments of the holders thereof. No certificate shall be issued to any person who is less than eighteen years of age ; and if at any time the recipient of a certificate be found intemperate, immoral, incompetent, or negligent, the examiners, or any two of them, may revoke the certificate ; but such revocation shall not prevent a teacher from receiving pay for services previously rendered ; and before any hearing is had by a board of examiners on the question of the revocation of a teacher's certificate, the charges against the teacher shall be reduced to writing and placed upon the rec- ords of the board, and the teacher shall be notified in writing as to the nature of the charges and the time set for the hear- ing, such notice to be served either personally or at his resi- dence, and the teacher shall be entitled to produce witnesses and defend himself ; the examining board shall have power to send for witnesses and examine them on oath touching the mat- ter under investigation, and said oath or affirmation may be administered by any member of the board of examiners. (97 v. 375.) § 303. [Nature of certificates to be granted; branches of study.] (§4082.) The provisions of section forty hundred and seventy-four (§ 295) of the Revised Statutes of Ohio relat- ing to the kinds of certificates authorized to be issued by the country boards of school examiners for teachers in elementary schools and high schools, and for superintendents shall apply to city boards of school examiners ; provided, that city boards of school examiners may, in their discretion, require teachers in elementary schools to be examined in drawing, music, or German if such subjects are a part of the regular work of such teachers. (97 v. 376.) Section 295 (§4074). §304. [Compensation of examiners; incidental expenses.] (§ 4083.) Each city board of education shall fix the compen- sation of the members of the city board of school examiners and the additional compensation of the clerk of the board, and the person or persons called to their assistance furnish the necessary books, blanks and stationery for their use, and desig- nate a school building within the district in which they shall conduct examinations, and to cause such building to be lighted 333 APPEAL TO STzVTE COMMISSIONER. ' §§ 305, 306 and heated if necessary; and such compensation, and the inci- dental expenses incurred on account of the city board of school examiners, shall be paid, by order of the board of education, from the contingent fund of the district. (97 v. 376.) The board may increase or diminish the compensation of an examiner at its will, such increase or diminishment not to act retroactively. Ferry v. Board of Ed., 21 C. C, 785. § 305. [Records and reports ; duties of the clerk ; disposi- tion of fees.] (§ 4084.) The clerk of the city board of school examiners shall keep a record of the proceedings of the board, and such statistics as the state commissioner of common schools may require, and in the form and manner he may require, and shall report such statistics to the commissioner annually, on or before the first day of September ; he shall pay the examina- tion fees received by him to the treasurer of the district within ten days after each meeting, and at the same time file with the clerk of the board of education a written statement of the amount, and also a statement of the number of applicants, male and female, examined, and the number of certificates granted, and for what terms; and the fees paid to the treasurer of the district shall be applied to the support of teachers' institutes, as provided in chapter thirteen. (97 v. 376.) § 306. [Applicants who fail may appeal to the state com- missioner of common schools; method of procedure.] (§ 4085.) All manuscripts filed as answers to questions pro- pounded to any applicant appearing before any county or city board of school examiners, shall be promptlj^ considered and passed upon by said board together with the results of oral tests if any -and such other information which may come to said board touching the fitness of any applicant for teaching in the public schools; and said board shall promptly issue all certificates granted to successful applicants and send notices of failure to those who fail in the examination, if such there be. All such manuscripts shall be kept on file for sixty days by the members of the examining board propounding the questions, and if within the sixty days any applicant after receiving his returns from the examination has cause to and does believe that he has been discriminated against and his manuscripts unfairly graded, it shall be his right to review § 306 GUIDE FOR OPIIO SCHOOL OFFICERS. 334 his manuscripts with the member or members of the board having the same in charge, and if after such inspection and review of the manuscripts, he is still of the opinion that said board will not correct the error, if any, and issue his certifi- cate, he shall have the right to appeal his case to the state com- missioner of common schools for final review. Such appeal shall be in the form of an affidavit setting forth the facts as he believes them, accompanied by a fee of one dollar to cover the expenses incident to said appeal, and requesting that the matter be inquired into ; thereupon the said commissioner shall require the clerk of said board to procure and forward said manuscripts, together with a full explanation of the reasons for the board's action, and if upon his examination of all the facts, together with the manuscripts, he finds that said applicant was denied a certificate when he should have been granted one and has been discriminated against b}^ the board, he shall order the board forthwith to issue a certificate of the date of the teachers' examination attended by said appli- cant and indicate the length of time said certificate shall be valid, but if upon inspection of the manuscripts and reviewing the facts submitted he shall conclude that no injustice has been done, he shall so notify the applicant and the clerk of the board of examiners. (97 v. 377.) AppEiVLiNG TO State Commissioner. — The above section spe- cifically grants the right of any applicant to appeal from the decision of the county or city board of examiners. In order, however, to be entitled to such appeal he must strictly bring himself within the terms of the statute, that is, within sixty days after he has received the returns on his examination. He shall first call the county or city board's attention to such mat- ter and have an inspection and review of the manuscripts. If he is still of the opinion that the board has wrongfully acted in his case he shall file an affidavit with the state school com- missioner and set forth the facts as he believes them, accom- panied by a fee of $1.00 to cover expenses incident to the ap- peal. Having done this the state commissioner will re-examine the matter and will notify the applicant of the result. This affidavit need not be in any particular form ; simply set out the facts as they appear to the person appealing. 335 teachers' intitutes. 307 CHAPTER 13. TEACHERS' INSTITUTES. Section. § 307 (4086) § 308 (4087) § 309 (4088) § 310 (4089) § 311 (4090) Organization o f county teacliers' institutes; e 1 e c - tion of officers; term; vacancies; duty of executive committee; bond; when election to be held. Payment of insti- tute fund to com- mittee. Report of secre- tary; his compen- sation. Forfeiture of com- mittee's bond. When school com- missioner may hold institute. Section. § 312 (4091) § 313 (4092) § 314 (4093) § 315 (4094) Teachers may dis- miss school to at- tend institute; compensation for time, when allow- ed. Institutes for city districts; number of days ; payment of expenses; ap- pro p r i a tion by board of educa- tion. Repealed. Number of days in- stitute must con- tinue; reports. §307. [Organization of county teachers' institute; elec- tions, term, duties and bond of oflacers.] (§4086.) A teach- ers' institute may be organized in any county, by the associ- ation of not less than thirty practical teachers of the common schools residing therein, who shall "declare their intention in writing to attend such institute, the purpose of which shall be the improvement of such teachers in their profession ; such in- stitute shall elect annually, by ballot, a president, secretary, and one member of an executive committee, said member of the executive committee to serve for a term of three years; provided, that at the first annual election held after the or- ganization of any institute, there shall be elected three mem- bers of the executive committee, the one receiving the highest number of votes to serve for three years ; the one receiving the next highest number of votes to serve for two years; and the one receiving the next highest number of votes to serve one year. The president and secretary of the institute shall be ex officio members of the executive committee and shall act as § 307 GUIDE FOR OHIO SCHOOL OFFICERS. 336 chairman and secretary of said committee. Any vacancy in the office of president, secretary, or member of the executive com- mittee caused by death, resignation, removal from the county or other cause, may be filled by the executive committee, the person elected to fill such vacancy to serve until the next annual meeting of the institute. It shall be the duty of this executive committee to manage the affairs of the institute ; which committee shall enter into a bond, payable to the state of Ohio, with sufficient surety, to be approved by the county auditor in double the amount of the institute fund in the county treasury, for the benefit of the institute fund of the county, and conditioned that the committee shall account faithfully for the money which will come into its possession, and make the report to the commissioner of common schools, required by section four thousand and eighty-eight (§ 309), and such election of officers shall be held during the session of such in- stitute and at time fixed by the executive committee thereof, of which election at least three days' notice shall be given the members of such institute by posting conspicuously in a room, where such institute is held, a notice of the time and place of holding such election and of the officers to be voted for at such election (95 v. 237; 92 v. 10; 84 v. 230; Rev. Stat. 1880; 70 V. 195, § 112.) Upon a compliance with the statutory provisions of this chapter will depend the right of the institute to receive finan- cial aid in its management. Since the president and secretary of the institute are ex officio members of the executive committee, the other members of the committee alone can not lawfully organize the commit- tee. The president of the institute is chairman of the commit- tee and the secretary of the institute is secretary of the com- mittee. The purpose of a teachers' institute being the improvement of the teachers entitled to its privileges in their profession, it clearly follows that the instruction given therein should be mainly upon methods of teaching and the management of schools. Bequests to. — Sec. 20-1. The commissioners of the several counties of the state may receive bequests, donations and gifts of real and personal property and money to promote and ad- vance the cause of education in their resDective counties; a part may be used to defray the expenses of the teachers' institute, each year. 337 TEACHERS ' INSTITUTES. §§308-311 §308. [Payment of institute fund to committee.] (§4087.) The declaration and bond mentioned in section forty hundred and eighty-six (§ 307), shall be filed with the county auditor, whereupon the auditor shall give to the institute committee an order on the county treasurer for the amount of the insti- tute fund in the treasury; and any portion of said fund not disbursed by the committee shall be returned to the county treasury, on the certificate of the county auditor. (70 v. 195, § 112; S. & S., 709.) §309. [Report of scretary; his compensation.] (§4088.) The secretary shall, within five days after the adjournment of the institute, report to the state commissioner of common schools the number of teachers in attendance at the institute, the names of instructors and lecturers attending said institute, the amount of money received and disbursed by the committee and such other information relating to the institute as the commissioner may require ; the secretary may be allowed com- pensation not to exceed ten dollars for making such report and for his services as secretary, to be paid out of the institute fund of the county, but no other compensation shall be al- lowed any officer or member of the executive committee ; on failure to make such report, the secretary shall forfeit and pay to the state the sum of fifty dollars. (95 v. 238; 1888, April 11; 85 V. 192, 196; Rev. Stat. 1800; 70 v. 195, § 112; S. & S., 709.) Blanks are furnished the auditor for this purpose. §310. [Forfeiture of committee's bond.] (§4089.) Upon the forfeiture of the committee's bond, the prosecuting attor- ney of the county shall prosecute an action thereon, in the name of the state, and collect any money which the committee may have failed to disburse according to law, and any penalty to which the committee may be liable under this chapter, and pay the same into the county treasury to the credit of the in- stitute fund. (70 V. 195, § 112.) § 311. [When school commissioner may hold institute.] (§ 4090.) "When a teachers' institute has not been held within two years in any county, the commissioner of common schools § 312 GUIDE FOR OHIO SCHOOL OFFICERS. 338 may hold or cause to be held therein such institute ; and the management thereof and all proceedings in relation thereto, shall be the same as hereinbefore provided, except that the written declaration required shall not be necessary. (70 v. 195, § 114.) §312 [Teachers may dismiss school to attend institute; compensation for time, when allowed.] (§4091.) All teach- ers of the public schools within any county in which a county institute is held may dismiss their schools for one week for the purpose of attending such institute, and when such insti- tute is held while the schools are in session the boards of education of all school districts are required to pay the teach- ers of their respective districts their regular salary for the week they attend the institute upon the teachers presenting a ■ certificate of full regular daily attendance at said institute signed by the president and secretary thereof; the same to be paid as an addition to the first month's salary after said insti- tute by the board of education by which said teacher is then employed, or in ease he is unemployed at the time of the in- stitute, then by the board next employing said teacher, pro- vided the term of said employment begins within three months after said institute closes. (97 v. 377.) Construction of the Above Statute. — There has been a dif- ference of opinion among boards of education of the meaning of the above section, in reference to the payment of teachers who attend institutes. The commissioner of schools interpreted this statute to mean that payment was required whether the institute was attended while the schools were in session or in times of vacation, and this opinion was affirmed by the written opinion of the At- torney-General. Eecently the matter has come before the Su- preme Court and that court has arrived at the same conclusion that the School Commissioner and Attorney-General hold to be the proper construction. Beverstock v. Board of Education, vol. 51, p. 563. Bull. The court, in deciding this case, uses the following language, "Guided by these rules, we must determine, if possible, what the provision contained in the latter part of Section 4091 means. We think the task is not difficult of performance. In the first part, where the teachers dismiss their schools for one week and for the purpose of attending an institute, and they do attend such institute during that week, the boards of edu- 339 PAY WHILE ATTENDING INSTITUTE. § 312 cation are required to pay the teachers their regular salary for the week upon presentation of the proper certificate of their attendance at the institute. In other words, the salaries continue during that week. Then it is said: 'The same to be paid as an addition to the first month's salary after said institute by the board of education by which said teacher is then emploj^ed, or, in case he is unemployed at the time of the institute, then by the board next employing said teacher, pro- vided the term of said employment begins within three months after said institute closes.' 'The same to be paid'- — that is, salary at the same rate, is to be paid for the institute week to the teachers who then are under employment for the en- suing year, that they will receive after service under such employment begins, and this rate of salary is to be paid as an addition to the first month 's salary after the institute closes. Or, to put it in other words, the teacher shall be paid for the week spent at the institute on the basis of the salary agreed upon for teaching in the schools thereafter, and this shall be paid as an addition to the first month's salary earned after said institute. "There can be no difficulty in ascertaining the amount to be paid in the present case, because the teachers, prior to the holding of the institute, had been employed for the ensuing school year, and, of course, the terms of compensation had been agreed upon. This being the evident purpose of the legislature, attempted to be expressed in the language quoted, there can be no difficulty in its enforcement. The same ob- servation applies to the payment of the teachers for the in- stitute week of 1904. The facts for that year are the same that pertain to 1905, for that was the first time the law became applicable in that district after its passage. "The same construction of language will control eases where a teacher is not under employment at the time the institute is held. In his case, he is to be paid by the board next employ- ing him after such institute closes. When he so becomes em- ployed, his rate of compensation is fixed, and on presentation of the proper certificate, showing that he had attended the preceding institute for a week, his compensation for that week is ascertainable and his right to receive it complete, if his term of employment begins within three months after said institute closes. "It seems the board of education, defendant in error, readily and easily comprehended this statute and was proceeding to comply with it, w^hen a doubting Thomas appealed to the court to prevent it. We have nothing to do with the expedi- ency of the law. but it is our duty to enforce it if it is sus- ceptible of enforcement, and it certainly is. The motive and intent of the legislature is discernible in the language em- § 313 GUIDE FOR OHIO SCHOOL OFFICERS. 840 ployed when the whole section is read and considered together, and it was to promote the thoroughness and efficiency of the teachers in our schools, and through them the successful ad- vancement of the schools themselves. It will be observed that the court, rightfully so, does not say anything about the expediency of the law, and to many persons a query has presented itself. Why should the state pay for educating a person to fill certain avocations in life? If the state should pay for educating a school teacher, why not pay for educating a lawyer, or doctor or civil engineer, or persons that have positions in the administration of the state, as governor, legislators, and persons of that kind, but this merely refers to its expediency. In a recent report of the school commissioner, he recom- mends that this statute should be amended, so as to make a uniform amount to be paid to persons who attend the insti- tute. It will be observed that the Supreme Court in the above ease very clearly lays down the course to be pursued, and if the teacher is already employed he is merely entitled to a week's extra salary. If he is not now employed and becomes employed within three months after attending the institute he is entitled to a week's extra salary at the same rate he is em- ployd to teach the school. I presume that there would be nothing to prevent a board of education, however, in making a contract whereby a teacher would waive his right to such extra week of institute work. Of course if no contract is made waiving such right, the teacher will be entitled to the same." § 313. [Institutes for city districts ; immber of days ; pay- ment of expenses; appropriation by board of education.] (§ 4092.) The board of education of each city school district may provide for holding an institute yearly, for the improve- ment of the teachers of the common schools therein ; and gen- eral meetings of the teachers of any such city district held upon not less than four days in any year, whether consecutive days or not, for the purpose of instruction, shall be deemed to constitute a teachers' institute for said city district within the meaning of this section; the expenses of such institute shall be paid from the institute fund provided for by section forty hundred and eighty-four (§ 305) ; and in addition to this fund the board of education of any district may expend annu- ally, for the instruction of the teachers of said district in an institute or in such other manner as it may prescribe, a sum not to exceed five hundred dollars, the same to be paid from 341 NUMBER OF DAYS INSTITUTE MUST CONTINUE. §§ 314, 315 its contingent fund ; if the board of any district do not provide for such, institute in any year, it shall cause the institute fund in the hands of the district treasurer for the year to be paid to the treasurer of the county wherein the district is situated, who shall place the same to the credit of the county institute fund, and the teachers of the schools of such district shall be entitled, in such case, to the advantages of the county insti- tute, subject to the provisions of the preceding section ; and the clerk of board shall make the report of the institute required by section forty hundred and ninety-four (§ 315). (97 V. 378.) §314. (§4093.) Repealed April 25, 1904. § 315. [Number of days institutes must continue; reports.] (§ 4094.) All institutes held under the provisions of this chap- ter shall continue at least four days ; and a report of the in- stitute held in pursuance of the provisions of section forty hundred and ninety -tivo (§ 313) shall be made to the state com- missioner of common schools within five days after the ad- journment thereof, which shall state the number of teachers in attendance, the names of the instructors and lecturers, the total expenses of the institute, and the portion thereof paid from institute funds, and such other information relating to the institute as the commissioner may require. (97 v. 378.) §316 GUIDE FOE OHIO SCHOOL OFFICERS. 342 CHAPTER 14. POLICY TOWARDS SCHOOLS FOR WHICH STATE AP- PROPRIATIONS ARE MADE— STATE NORMAL SCHOOLS. Section. §316 (1) §317 (2) § 318 (3) §319 (4) Declaration of pol- icy of state with respect to Ohio state university, Ohio university and Miami univer- sity. Tax levy for sup- port of Miami uni- versity. Tax levy for sup- port of Ohio uni- versity. Tax levy for sup- port of normal school at Ohio university. Section. § 320 (5) Tax levy for sup- port of normal school at Miami university. How such money shall not be ex- pended.. Tax levy for sup- port of Ohio state university. Tuition. nspection of ac- counts. §326 (4094-1) State normal schools; location. §327 (4094-2) Organization, con- trol, instruction. §321 (6) §322 (7) §323 (8) §324 (9) §325 (10) § 316. [Declaration of policy of state with respect to Ohio state university, Ohio university and Miami university.] See. 1. Inasmuch as it is deemed desirable at this time for the state of Ohio to determine the policy of the state in regard to its support of institutions of higher learning, and further de- sirable that the state adopt a policy in regard to the support of universities and colleges to the end that there shall be a distinct and fixed policy in regard to universities and colleges and to the end that for all time to come the policy of the state with reference to the Ohio state universit}^ the Miami university and the Ohio university may be determined and made definite and to the end that the state of Ohio may build up one university worthy of the state, as now begun at the Ohio state university, and at the same time to fix such a policy as shall provide for the support for the said Miami and the Ohio universities as colleges of liberal arts, which shall not include technical or graduate instruction, aside from the usual graduate work for the degree of master of arts and to deter- 343 STATE NORMAL SCHOOLS. §§ 317, 318 mine definitelj^ and for all time to come that the Miami uni- versity and the Ohio university shall be no greater charge on the state of Ohio so far as university purposes are concerned than provided for in this act, therefore this act is to set forth the policy, to wit: That in the future no representative of the Miami university or of the Ohio university or of the Ohio state university shall violate or attempt to violate this policy herein enacted into law as a policy for the support of higher education and as a guide for future general assemblies of the state of Ohio. (98 v. 309.) § 317. [Tax levy for support of Miami university.] Sec. 2. For the purpose of affording support to the Miami university, there shall be levied annually a tax on the grand list of the taxable property of the state of Ohio, which tax shall be col- lected in the same manner as other state taxes and the pro- ceeds of which shall constitute ''the IMiami university fund." The rate of such levy shall be two and one-half one-hundreths (.025) of one mill upon each dollar of valuation of such tax- able property. The moneys raised by means of said levy, or its equivalent in money in case the levy shall be abolished, shall be the sum total received either from the proceeds of the levy or from appropriations for the support of the college of liberal arts, and shall be used for the purposes only as set forth in section 1 of this act, and hereafter this levy shall not be increased, but this shall not be so construed as to pre- vent such appropriations by the general assembly from time to time as may be necessary for apparatus for university purposes, exclusive of buildings. Provided that nothing herein shall in- validate any appropriation for the years 1906 and 1907. (98 V. 309.) §318. [Tax levy for support of Ohio university.] Sec. 3. For the purpose of affording support to the Ohio university, there shall be levied annually a tax on the grand list of the taxable property of the state of Ohio which shall be collected in the same manner as other state taxes and the proceeds of which shall constitute ''the Ohio university fund." The rate of such levy shall be two and one-half one-hundredths (.025) of one mill upon each dollar of valuation of such taxable prop- erty. The moneys raised by means of said levy, or its equiva- §§ 319, 320 GUIDE FOR OHIO SCHOOL OFFICERS. 344 lent in money, in ease the levy shall be abolished, shall be the sum total received either from the proceeds of the levy or from appropriations' for the support of the college of liberal arts, and shall be used for the purpose only as set forth in sec- tion 1 of this act, and hereafter this levy shall not be increased, but this shall not be so construed as to prevent such appropria- tions by the general assembly from time to time as may be necessary for apparatus for university purpose, exclusive of buildings. Provided that nothing herein shall invalidate any appropriation for the years 1906 and 1907. (98 v. 309.) § 319, [Tax levy for support of normal school at Ohio uni- versity.] Sec. 4. For the purpose of affording support to the state normal school or college, in connection with the Ohio university, there shall be levied annually a tax on the grand list of the taxable property of the state of Ohio, which shall be collected in the same manner as other state taxes and the proceeds of which shall constitute "the Ohio normal school fund." The rate of such levy shall be one and one-half one-hundredths (.015) of one mill upon each dollar of valu- ation of such taxable property, unless otherwise designated by the general assembly of the state of Ohio ; provided that nothing in this section shall be construed as preventing said normal school from securing such additional appropriations as the general asesmbly may in its wisdom deem fit to make from time to time for the support, maintenance and equip- ment of said normal school. (98 v. 309.) § 320. [Tax levy for support of normal school at Miami university.] Sec. 5. For the purpose of affording support to the state normal school or college, in connection with the Miama university, there shall be levied annually a tax on the grand list of the taxable property of the state of Ohio, which shall be collected in the same manner as other state taxes and the proceeds of which shall constitute ''the Miami nor- mal school fund. ' ' The rate of such levy shall be one one-hun- dredth (.01) of one mill upon each dollar of valuation of such taxable property, unless otherwise designated by the general assembly of the state of Ohio ; provided that noth- ing in this section shall be construed as preventing said nor- mal school from securing such additional appropriations as 345 STATE NORMAL SCHOOLS. §§ 321-323 the general assembly may in its wisdom deem fit to make from time to time for the support, maintenance and equip- ment of said normal school. (98 v. 309.) § 321. [How such money shall not be expended.] Sec. 6. No moneys derived under the levies provided for in sections 2, 3, 4 and 5 of this act shall be expended by the Miami uni- versity and by the Ohio university for maintaining or giving instructions in any other courses of study than in liberal arts and in the normal school or college branches. (98 v. 309.) § 322. [Tax levy for support of the Ohio state university.] Sec. 7. For the purpose of affording free the advantages to the youth of the state of a higher, technical, liberal, professional, agricultural, graduate and industrial education, Including man- ual training, there shall be levied annually a tax on the grand list of the taxable property of the state, which shall be collected in the same manner as other state taxes and the proceeds of which shall constitute, "the Ohio state university fund." There shall be levied annually for the said purpose sixteen one-hundredths (.16) of one mill upon each dollar of valuation of such taxable property, or its equivalent in money should said levy be abolished; provided that nothing in this act shall be construed to prevent said Ohio state university from securing any appropriations that the general assembly in its wisdom may see fit to grant for the purposes as herein set forth. Provided, that the Ohio state university shall never maintain a normal school, but may establish a teachers' col- lege or [of] professional grade ; provided that nothing in this section shall prevent the board of trustees from charging in- cidental expense fees and also reasonable tuition fees for pro- fessional education. Any appropriations made by the 77th general assembly for Ohio state university shall not be in- validated by any provisions of this act. (98 v. 309.) § 323. [Tuition.] Sec. 8. Nothing in this act shall be con- strued as preventing the boards of trustees of the Ohio state university, the Miami university, the Ohio university or the state normal schools at the Ohio university or at the Miami university from charging reasonable tuition for the attend- ance of pupils of any of said institutions of learning from §§ 324-327 GUIDE FOR OHIO SCHOOL OFFICERS. 346 students who are non-residents of the state of Ohio. (98 v. 309.) § 324. [Inspection of accounts.] Sec. 9. The expenditura of all moneys under the provisions of this act or for the pur- poses of carrying out the provisions of this act raised or se- cured from any source whatsoever shall be subject to the inspection of the state bureau of public accounting, the cost of same to be paid by the university or college inspected at the cost as now provided by law. (98 v. 309.) § 325. [Repeals.] Sec. 10. That sections 3951a and 39516 of the Revised Statutes of Ohio, and sections 3, 4, 5 and 6 of an act entitled, "An act to establish normal schools at Ohio university at Athens, and at Miami university, at Oxford, and to provide for the appointment of a commission to investi- gate and report upon the need and advisability of the future establishment by the state of one or more additional normal schools and to consider in what manner and to what extent existing educational institutions other than those now support- ed by the state can be made more active in the better training of persons for service in the public schools," passed March 12, 1902, be and the same are hereby repealed. (98 v. 309.) §326. [State normal schools; location.] (4094-1) See 1. That there be and are hereby created and established two state normal schools to be located as follows : One in connection with the Ohio university, at Athens, and one in connection with the Miami university, at Oxford. (95 v. 45, March 12, 1902.) § 327. [Organization, control and instruction.] (4094-2) Sec. 2. The boards of trustees of said universities shall, not later than September, 1903, organize at their respective insti- tutions a normal school which shall be co-ordinate with exist- ing courses of instruction, and shall be maintained in such a state of efficiency as to provide proper theoretical and practi- cal training for all students desiring to prepare themselves for the work of teaching; said normal s.chools, in each case, being under the general charge and management of the respective boards of trustees of said universities. (95 v. 45, March 12, 1902.) 847 COLLEGES AND INSTITUTIONS 0¥ LEARNING. CHAPTER 15. COLLEGES AND INSTITUTIONS OF LEARNING. Section. § 328 (3726) § 329 (3727) §330 (3728) §331 (3729) §332 (3730) §333 (3731) § 334 (3732) §335 (3733) § 336 (3734) §337 (3735) §338 (3736) § 339 (3737) §340 (3738) §341 (3739) §342 (3740) §343 (3741) § 344 (3742) Certain corpora- tions may appoint a faculty and con- fer degrees. May hold donated property in trust. Who constitute the faculty; its pow- ers. May teach me- chanics and agri- culture. May change stock into scholarships. Location may be changed, and how. When and how college endow- ment fund divert- ed. How vacancies in boards filled in certain case. Certain corpora- tions may in- crease their prop- erty; bonds. Statement to be made and filed. How certain boards may be constituted and governed. Trustees to be di- vided into classes. Term of office of trustee; how va- cancies filled. When the board is to be enlarged. When the number in a class is to be reduced. A conference may become a patron by consent of oth- er bodies. Patronizing bodies may appoint visi- tors. Section. § 353 (3751) § 354 (3751a) §355 (3751&) § 356 (3751c) §357 (3752) § 358 (3753) §359 (3754) §360 (3755) §361 (3756) § 362 (3757) § 363 (3758) § 364 (3759) §365 (3760) How certain boards may be constituted and governed. Increase in num- ber of trustees of certain corpora- tions. Incorporation of colleges under ec- clesiastical pa- tronage; what ar- ticles shall con- tain. Existing corpora- tions may avail themselves of provisions of act; how. Classes and elec- tion of trustees; president ex-officio member of board; term; vacancies; increase in board. Assessments may be made against stockholders. Meeting of stock- holders, and no- tice thereof. Meeting may fix amount of assess- ment. How much may be assessed, and col- lection thereof. The board of mili- tary academies; how constituted, etc. Board of visitors ; how constituted. Duties of board of visitors. How the term of office of trustees and directors may be fixed. 328 GUIDE FOR OHIO SCHOOL OFFICERS. 348 Section. §345 (3743) §346 (3744) §347 (3745) §348 (3746) § 349 (3747) §350 (3748) § 351 (3749) § 352 (3750) § 366 (3761) § 367 (3762) § 368 (3762a) Section. § 369 (3762&) § 370 (3763) ■Vvhen the right of r e p r e sentation shall cease. What action the board must first take. Quorum; how con- stituted. Certain corpora- tions may have benefit of subse- quent provisions. Alumni may elect trustees and ap- point visitors. Conduct of elec- tion. Returns of elec- tion, and certifi- cates. Endowment fund corporation. Certain corpora- tions may change location. Sale and distribu- tion of the prop- erty of certain corporations. Certain colleges, whose articles of incorporation are not on file in the office of the secre- tary of state, may file same there and amend. Colleges may change name and purpose; when; procedure. Under what re- sti'ictions medical colleges and teachers may re- § 371 (3764) § 372 §373 § 374 (3765) (3766) (3767) §375 (3768) § 376 (3768-1) § 377 § 378 § 379 § 380 (3768-2) (3769) (3770) (3771) § 381 (3771a) ceive bodies for dissection; body to be delivered to claimant; inter- ment of body after examination o r dissection; notifi- cation to rela- tives; penalties. Penalty for having unlawful posses- sion of a corpse. Repealed. Repealed. Organic rules which may be pre- scribed in certain articles of incor- poration. May add to the ob- jects of the corpo- ration; acceptance of statutory pro- visions. Authorizing certain mechanics' insti- tutes to borrow money; liability of directors and trustees. Directors not per- sonally liable. Accounts of re- ceipts and dis- bursements. Trustees ineligible to other office. Attorney general may, by action, enforce duties of officers. How number of trustees of certain colleges increased. § 328. [Certain corporations may appoint a faculty and confer degrees.] (§ 3726.) The trustees of a college, uni- versity, or other institution of learning, incorporated for the purpose of promoting education, religion, morality or the fine arts, which has acquired real or personal property to the value of five thousand dollars, and which has filed in the office of the secretary of state a schedule of the kind and value of such property, verified by the oaths of the trustees, may appoint a president, professors and tutors, and any other necessary 349 COLLEGES, ETC. §§ 329-332 agents and officers, and fix the compensation of each, and may enact such by-laws, not inconsistent with the laws of this state or of the United States, for the government of the institution, and for conducting the affairs of the corporation, as they may deem necessary; and may, on the recommendation of the fac- ulty, confer all such degrees and honors as are conferred by colleges and universities of the United States, and such others having reference to the course of study, and the accomplish- ment of the student, as they may deem proper. (50 v. 128, § 1 51 V. 403, §§ 2, 3; S. & C. 266, 270.) §329. [May hold donated property in trust.] (§3727.) Any universtiy, college, or academy, or the trustees thereof, may hold in trust any property devised, bequeathed, or don- ated to such institution, upon any specific trust consistent with the objects of the corporation. (50 v. 128, § 5; S. & C. 267.) § 330. [Who constitute the faculty; its powers.] (§ 3278.) The president and professors shall constitute the faculty of any incorporated literary college or university, and may en- force the rules and regulations enacted by its trustees for the government and discipline of the students, and suspend and expel offenders, as may be deemed necessary. (50 v. 128. § 6; S. & C. 267.) §331. [May teach mechanics and agriculture.] (§3729.) Any incorporated university, college, or academy may connect therewith, to be used as a part of its course of education, any mechanical shops and machinery, or lands for agricultural pur- poses not exceeding three hundred acres, to which may be at- tached all necessary buildings for carrying on the mechanical or agricultural operations of such institution. (50 v. 128, § 8; S. & C. 267.) §332. [May change stock into scholarships.] (§3730.) Any company formed in pursuance of this title, or which now exists by virtue of any special act of incorporation, the prop- erty of which is held as stock, and not derived by donation, gift, devise or gratuitous subscription, may change its capital stock into scholarships, when it becomes necessary for the pur- pose of carrying out the object for which it was formed, in §§ 333-335 GUIDE FOR OHIO SCHOOL OFFICERS. 350 the manner provided in section thirty-two hundred and sixty- two. (50 V. 128, §§ 9, 10; S. & C. 268.) §333. [Location may be changed and how.] (§3731.) A college, university, or other institution of learning, now ex- isting by virtue of any act of incorporation, or that may here- after become incorporated for any of the purposes specified in this chapter, may, if three-fourths of the trustees or directors thereof deem the same proper, or if the institution is owned in shares, or by stock subcribed or taken, by a vote of the holders of three-fourths of the stock or shares, change the location of such institution, convey its real estate, and transfer the effects thereof, and invest the same at the place to which such insti- tution may be removed; but no removal shall be ordered, and no vote taken thereon, until after publication lin the manner provided in the last section, in which notice shall be fully set forth the place to which it is proposed to remove such institu- tion, and, in case of removal, a copy of the proceedings of such meeting shall be filed with the secretary of state. (52 v, 77, §12; S. & C. 268.) § 334. [When and how college endowment fund diverted.] (§ 3732.) The trustees of a corporation incorporated for the purpose of creating, holding, and managing a college endow- ment fund, the articles of incorporation of which provide that the fund may be applied to any object not inconsistent with the purposes of education different from that particularly specified therein, may apply to the court of common pleas in the county where the corporation is located for permission to make such change, designating particularly the purposes to which it is proposed to apply the funds ; and the court, on be- ing satisfied that such change is not inconsistent with the ob- ject of the original creation and institution of the fund, shall authorize and sanction the change. (51 v. 393, §2; S. & C. 269.) §335.. [How vacancies in boards filled in certain cases.] (§3733.) Whenever there occurs a vacancy, in whole or in part, in the board of trustees of an incorporated college, sem- inary, or academy, by reason of an amendment of the charter in such corporation, or from any other cause, and there is no 351 OOLLEGES, ETC. §§336,337 provision of law for filling such vacancy, the governor shall, within three months after receiving information thereof, ap- point the required number of trustees, one-third thereof to serve for one year, one-third to serve for two years, and one- third for three years. (75 v. 25, § 2.) §336. [Certain corporations may increase their property; bonds.] (§ 3734.) A college, university, academy, seminary, or other institution devoted to the promotion of education, now existing by virtue of any special act of incorporation, or organized under the provisions of any law, whose property is derived and held by donation, gift, purchase, devise or gratu- itous subscription, and the amount of which, or the income arising therefrom, is limited by such special act, or by the ar- ticles of association adopted by such institution, may receive, acquire, possess and hold hereafter any amount of property, real, personal or mixed, which its board of directors or trustees shall deem it advisable for the intitution to accept, and may, by its trustees, sell, dispose of and convey the same, but such property shall not be diverted from the express will of the donor, devisor or subscriber. The board of trustees of any such college, university, academy, seminary, . or other institu- tion devoted to the promotion of education, in anticipation of donations to be received and collectons to be made, may, for the purpose of constructing, enlarging or adding to any col- lege buildings or improvements, borrow such sum of money as they may determine necessary for such purpose, and may issue bonds therefor and secure the same by mortgage upon the property upon which such improvement is to be made, provided such property is not held by them under some spe- cific trust. (90 v. 71; 53 v. 170, § 1; S. & C, 368.) §337. [Statement to be made and filed.] (§3735.) Be- fore any such institution shall be authorized to acquire and hold such additional property, the trustees thereof, at a regu- lar meeting of their board, or at a special meeting called for that purpose, shall, from time to time, make and sign a state- ment specifying the amount of such additional property which they seek to acquire and hold, and shall set forth therein the purposes to which it is to be devoted, which statements shall be entered at large, upon the record book of the trustees and §§ 338-340' GUIDE FOR OHIO SCHOOL OFFICERS. 352 be filed in the office of the secretary of state. (90 v. 72; 53 v. 170, § 2; S. & C, 368.) § 338. [How certain boards may be constituted and gov- erned.] (§ 3736.) The board of trustees of any university or college heretofore incorporated, and now under the patron- age of four or more conferences or other religious bodies of any religious denomination, may accept the provisions of this and the nine succeeding sections, by resolution adopted at any regular meeting of the board and entered upon the record of its proceedings; and after such acceptance the board shall in all respects be organized, constituted, regulated, and per- petuated, pursuant to and under said provisions ; but no right acquired by any such board, or any such university or college under its charter, or any law of this state, shall in any way, be affected by said provisions. (65 v. 188, § 1; S. & S., 106.) § 339. [Trustees to be divided into classes.] (§ 3737.) At a meeting of such board held after a vacancy occurs therein it shall fill such vacancy, or if more than one vacancy has oc- curred, then one of them, by appointing the president of the university or college a trustee, and the president of such uni- versity or college shall, ex officio, be a trustee perpetually thereafter; the board shall also, at such meeting, divide its number, excluding the said president, and including all va- cancies except the one he is so appointed to fill, into classes, corresponding in number to the number of conferences or other religious bodies at the time patronizing such university or college, such classes to have in each an equal number of trustees, as near as may be; and the board shall assign one of such classes to each of the conferences or other religious bodies, and thereafter each may fill any and all vacancies in the class so assigned to it. (65 v. 188, § 2; S. & S., 106.) §340. [Term of office of trustees; how vacancies filled.] (§3738.) When the classes of trustees are formed, as pro- vided in the preceding section, the term of office of one of the trustees in each of the classes, to be selected by lot in open session of the board of trustees, shall expire each year, and the persons thereafter elected as trustees, shall act as such for a term of years equal in number to the number of 353 COLLEGES, ETC. §§ 341, 342 trustees in any class, except as hereinafter provided; but the term of office of a trustee shall not expire during any meeting of the board which does not continue for more than two weeks; and vacancies which occur in any class of trustees otherwise than by the expiration of term of office shall be filled only for the remainder of the term. (65 v. 188, § 3; 70 v. 157, § 1; S. & S., 107.) §341. [When the board is to be enlarged.] (§3739.) If the number of the conferences or other religious bodies patron- izing any such university or college, the board of trustees of which has been divided into classes as hereinbefore provided, be increased to not exceeding six, the board of trustees shall be enlarged to the extent of one additional class of trustees for each of such additional conferences or other religious bodies, such additional classes to have in each a number of trustees equal to the number in any one of the former classes; and each of such additional conferences or other religious bod- ies may elect, as members of the board, the number in its class, one for one year, one for two years and one for three years, and so on to the extent of the number; and each of such additional conferences or other religious bodies may fill any vacancy in its class. And such board of trustees composed according to the foregoing provisions and the provisions of section thirty -seven hundred and forty-seven (§ 349) of this chapter, without regard to the number of members so com- posing it, may increase its own numbers by the election of trustees at large, not exceeding the number of conferences or other religious bodies co-operating with or patronizing such university or college, and may divide such trustees at large into classes, at its discretion. (89 v. 119; 65 v. 188, § 4; S. & S., 107.) § 342. [When the number in a class is to be reduced.] (§ 3740.) If the number of such patronizing conferences or other religious bodies at any time exceeds six, the representa- tion of each shall be reduced by lot, in open session of the board of trustees, to a class of three trustees, if they exceed that number, who shall thereafter be elected to serve as trus- tees for the term of six years, and in that case the term of office of one trustee in each class shall expire every second year. (65 v. 188, § 5; S. & S., 107.) §§ 343-346 GUIDE FOR OHIO SCHOOL OFFICERS. 354 § 343. [A conference may become a patron by consent of other bodies.] (§ 3741.) Any conference or other religious body, not patronizing any particular university or college, may become such patronizing conference or religious body, by and with the consent of the conferences or other religious bodies at the time patronizing such university or college. (65 v. 188, § 6; S. & S., 107.) §344. [Patronizing bodies may appoint visitors.] (§3742.) Each conference or other religious body patronizing any par- ticular university or college may, annually, appoint two visit- ors, and the board of trustees of a college or university may provide, at the time of its organization, by resolution adopted and entered on its records, for the appointment of two visit- ors by each conference or other religious body patronizing such college or university; and such visitors shall attend the meetings of the board of trustees of such university or college, and, with the trustees, constitute a joint board for the ap- pointment and removal of all officers, professors, and instruct- ors of the university or college. (73 v. 163, § 7 ; S. & S., 107.) § 345. [When the right to representation shall cease.] (§ 3743.) If a conference or other religious body patronizing any university or college, and having a representation in its board of trustees, cease to exist, or cease to patronize such university or college, the right of such conference or other religious body to such representation shall cease, and its board of trustees shall be thereby and to that extent reduced in numbers. (65 v. 188, § 8; 73 v. 163; S. & S., 107.) § 346. [What action the board must first take.] (§ 3744.) Before a conference or other religious body not represented in the board of trustees of any university or college shall be entitled to be represented therein, and before any conference or other religious body represented therein shall be deprived of such representation as provided in the preceding section, the board shall declare, and cause to be entered in the record of its proceedings, that the conditions and contingencies here- inbefore for in that behalf shall have taken place. (65 v. 188, § 9; S. & S., 107.) 355 COLLEGS, ETC. §§347-350 §347. [Quorum; how constituted.] (§3745.) Eleven trus- tees shall constitute a quorum of the board of any such uni- versity or college, whatever the number of trustees constitut- ing the board is or may become, if the number is more than twenty; and if the number is twenty or less, a majority there- of shall constitute a quorum. (65 v, 188, § 10; S. & S., 108.) § 348. [Certain corporations may have benefit of subsequent provisions.] (§ 3746.) The board of trustees of any uni- versity or college which has accepted or hereafter accepts the provisions of the ten preceding sections, may accept the pro- visions of the three succeeding sections by resolution adopted at any regular meeting of the board, and entered upon the record of its proceedings, and thereafter the board, and the university or college, shall be subject to (the) provisions there- of. (69 V. 71, § 1.) § 349. [Alumni may elect trustees and appoint visitors.] (§ 3747.) After such acceptance by the board of any uni- versity or college, the alumni thereof (composing the alumnal association thereof) may elect as members of the board of trustees of such college or university members of such alumnal association, in numbers equaling the numbers of the confer- ences co-operating with or patronizing such university or col- lege, and may divide such alumnal trustees into classes, and perpetuate the same; and such alumnal may, at the same time elect as visitors members of their association equaling in num- ^bers one-half of the numbers of the conferences or other re- ligious bodies co-operating with or patronizing such university or college, and such visitors shall have the same powers and duties as visitors appointed by any conference or other re- ligious body aforesaid; provided, that when women are mem- bers of the alumnal association so electing, they shall be eligi- ble as visitors; provided, further, that the board of trustees shall be judge of the validity of the election and the returns thereof, of trustees and visitors elected under this section. (89 V. 120; 81 V. 174; Rev. Stat. 1880; 69 v. 71, § 2; 76 v. 87, § 1.) §350. [Conduct of elections.] (§3748.) The election of trustees and visitors by the alumni shall be by ballot, and held each year, beginning the year after such acceptance, on the § 351 GUIDE FOR OHIO SCHOOL OFFICERS. 356 secular day next before the day of commencement of such uni- versity or college, at such place in a building on its grounds as may be designated by the president of the alumnal asso- ciation by written notice posted the day before the election in at least two public places on such grounds; and the polls shall be opened at the hour named in said notice, which shall not be later than three o'clock p. m., and shall be kept open for two hours thereafter. The election shall be conducted by three judges and two clerks, who shall be members of said association and be chosen by the members present at the place of voting at the time for opening the polls, and they shall certify to the board of trustees the result of such election, with a list of the members voting thereat ; each ballot shall contain the names of the persons voted for, the office which each is to fill and a designation of the term for which he is to serve. At such election all members of the alumnal association of such university or college shall be entitled to vote, and members not in attendance may exercise their right by sending ballots conformable to the foregoing provisions, with their names thereon endorsed, and addressed under seal to the president of such association. (89 v. 120; 69 v. 71, § 3.) § 351. [Returns of the election, and certificates.] (§ 3749.) After the polls are closed the result shall be ascertained and certified to by the judges and clerks, and the person or per- sons, not exceeding the number to be elected as trustees, having received the highest number of votes for trustee or trustees, shall be declared elected trustee or trustees as desig- nated on the ballot, and the two persons who receive the highest number of votes for visitors shall be declared elected, but their terms of office shall not begin until after the final adjournment of the regular meeting of the trustees for that year; if any two or more persons receive an equal number of votes for the same office of trustee or visitor, one of them, as may be determined by lot by the judges, in the presence of all the electors who may wish to be present, shall be the trus- tee or visitor, and shall be so declared; and duplicate certifi- cates of election shall be signed by the judges and clerks, and delivered by them, one to each of the persons elected, and the other, with the poll books duly certified by the judges and clerks, to the secretary of the board of trustees of the universi- 357 ' ENDOWMENT FUND. §§ 352-354 ty or college, the next day after the election, which certificate he shall enter of record in the book containing the proceedings of the board of trustees. (69 v. 71, § 3.) I § 352. [Endowment fund corporations.] (§ 3750.) The trustees of a corporation incorporated for the purpose of creat- ing a fund, the income of which is to be applied to the pro- motion of education, may receive subscriptions for membership in the corporation, and they, or a majority of them, by giving ten days' notice, by publication in the county where the cor- poration is located, may call a meeting of members to adopt by-laws, and elect not more than nine directors ; each member shall have a vote for every amount by him subscribed equal to that in the articles of incorporaaon specified as necessary for membership, which may be cast in person or by proxy, but at no subsequent meeting may a member vote for or be eligible as a director who is in arrears to the corporation; and the trustees shall control the funds and disburse the income of the corporation as may be provided by its by-laws. (69 v, 173, §§ 1, 2, 3, 4, 5.) § 353. [How certain board may be constituted and gov- erned.] (§ 3751.) The board of trustees of any university, college, or other institution of learning, incorporated, and act- ing under the patronage of one annual conference or other re- ligious body of any religious denomination, may accept the provisions of this and the succeeding section, by resolution adopted at any meeting of the board, and entered upon the record or journal of its proceedings ; and after such acceptance the board shall be organized, constituted, regulated, and per- petuated as therein provided; but no right acquired by any such board, university, or other institution of learning, under its charter, or any law of this state, shall in any way be im- paired or affected thereby. (69 v. 180, § 1.) § 354. [Increase in number of trustees of certain corpora- tions.] (§ 3751a.) The board of trustees of any university or college, heretofore incorporated, and now under the patron- age of one annual conference or synod or other religious body of any religious denomination, may increase the number of its trustees, not exceeding six; said additional trustees to be nominated by the collegiate alumni of three years' standing, § 355 GUIDE FOR OHIO SCHOOL OFFICERS. 358 for appointment or election by such patronizing conference or synod, under such regulations as may be prescribed by such board of trustees; provided, that the board of trustees of such university or college shall so determine to increase the number of its trustees and adopt such regulations for their nomina- tion, by resolution adopted at any regular meeting of such board, and duly entered on the record of its proceedings; and, provided further, that such patronizing or governing confer- ence or synod shall consent to such increase of said board of trustees and the rules and regulations for the nomination of the same. And after such board of trustees is so increased by the election of any additional trustees, not exceeding six, the board of trustees shall in all respects be organized, constituted, regu- lated and perpetuated pursuant to and under the provisions of the charter and said provisions; but no rights acquired by any such board or any such university or college, under its charter or any law of this state, shall in any way be affected or im- paired thereby. (91 v. 155.) § 355. [Incorporation of colleges under ecclesiastical pat- ronage; what articles shall contain.] (§ 3751&.) A corpora- tion may be formed for the promotion of academic, collegiate or university education, under religious influences, and is here- by authorized and empowered to set forth in it articles, or certificate of corporation, as a part of the same, the name of the religious sect, association or denomination with which it proposes to be connected, and it is further authorized and empowered to grant any ecclesiastical body of such religious sect, association or denomination, whether the same be a con- ference, association, presbytery, synod, general assembly, con- vocation or otherwise, the right to appoint its trustees or di- rectors, or any number thereof; and it is further authorized and empowered to set forth in its articles or certificate of cor- poration, such other rights as to the administration of the pur- pose for which it is organized, and not inconsistent with the laws of this state or of the United States, as said incorporation may desire to confer upon said ecclesiastical body of such re- ligious sect, association or denomination and the said eccles- iastical body of such religious sect, association or denomination shall possess and exercise all rights and powers to set forth in said articles or certificate of corporation. (94 v. 331.) 359 ELECTION OF TRUSTEES. §§356, 357 § 356. [Existing corporations may avail themselves of pro- visions of act; how.] (§ 3751c.) Any corporation formed for the promotion of academic, collegiate or university education, under religious influences, which has been incorporated under the laws of this state, whether by special act of the legislature or otherwise, may avail itself of the provisions of the preced- ing section, as a part of its articles or certificate of incorpora- tion, and may confer on any ecclesiastical body of such religious sect, association or denomination, as it is now, or proposes to be connected with, whether the same be a conference, asso- ciation, presbytery, synod, general assembly, convocation or otherwise, any or all the rights, powers or privileges provided by the preceding section to be conferred on corporations here- after organized, and may accept the provisions of such preced- ing section b}" a vote of the majority of the trustees of such corporation at any regular meeting; and when so accepted, a copy of said acceptance, certified by the secretary or clerk of its board of trustees or directors, shall be sent to the eccle- siastical body with which it is now or proposes to be connected ; if such ecclesiastical body agree to accept the powers proposed to be conferred upon it, it shall certify its approval upon such certified copy sent to it, and the same shall thereupon be filed in the office of the secretary of state; and, when so filed, the same shall become and be a part of the charter of said corpora- tion; and said ecclesiastical body of such religious sect, asso- ciation or denomination, whether the same be a conference, as- sociation, presbytery, synod, general assembly, convocation or otherwise, shall possess and exercise all the rights and powers so set forth in said articles or certificate of corporation. (94 V. 331.) § 357. [Classes and election of trustees; president ex officio a member of the board; term; vacancies; increase in board.] (§ 3752.) After such acceptance the board shall certify the same to the patronizing conference or other religious body having the right to elect or appoint trustees of such university or other institution of learning, at the next meeting of such conference or other religious body; and thereafter the board shall consist of twenty-one trustees elected or appointed, and the president of such university or other institution of learn- ing, who shall be ex officio a member of the board ; such elected §§ 358-360 GUIDE FOR OHIO SCHOOL OFFICERS. B60 or appointed trustees shall be divided into three classes of seven members each. At the first election or appointment after such acceptance, one of such classes shall be elected or appointed for one year, one for two years and one for three years, and in all subsequent elections or appointments each of the classes of trustees shall be elected or appointed for three years, but no term of office of any such trustee shall expire during any meeting of the board which does not continue more than two weeks. Ten members of the board shall constitute a quorum, and all vacancies which occur in any class of trus- tees otherwise than by expiration of the term of office, shall be filled only for the remainder of the term ; provided, that any such university or other institution of learning, having here- tofore accepted the provisions of original sections 3751 (§ 353) and 3752 (§ 357), may increase its board of trustees by electing or appointing two additional members in each of the classes of trustees herein provided for. (1888, March 30; 85 v. 140, 141; Eev. Stat. 1880; 69 v. 180, §§ 2, 3; 70 v. 157, § 1.) § 358. [Assessments may be made against stockholders.] (§ 3753.) The proportion that each stockholder of any college, academy, university, seminary, or other institution for the pro- motion of education, shall be required to pay to meet the debts and liabilities of the corporation, may be determined and collected in the manner provided by the three succeeding sections. (58 v. 20, § 1; S. & S., 108.) § 359. [Meeting of the stockholders, and notice thereof.] (§ 3754.) The trustees of any such corporation desiring to avail themselves of such provisions shall call a meeting of the stockholders for the purpose of determining what amount of the indebtedness of the corporation shall be paid by each stockholder; and they shall give thirty days' notice to the stockholders, in writing, or by publication in some newspaper of general circulation in the county where the corporation is located, of the time, place, and purpose of the meeting, at which the trustees shall submit a detailed statement showing the assets and indebtedness of the corporation. (58 v. 20, §§ 2, 3; S. & S., 108.) § 360. [Meeting may fix amount of assessment.] (§ 3755.) !A majority in interest of the stockholders present at such meet- 361 MILITARIES ACADEMIES. §§361-364 ing may determine what amount of the indebtedness of the corporation shall be paid by each stockholder, and fix the time or times, and the mode, for the payment of the amount of money assessed against each stockholder; but these pro- visions shall not interfere with or abridge the right of any creditor of the corporation to institute any proceedings au- thorized by law to enforce the liability of stockholders. (58 V. 20, § 4; S. & S., 108.) § 361, [How much may be assessed, and collection thereof.] (§ 3756.) The assessments shall be pro rata upon the stock subscribed or otherwise acquired by each stockholder, and in no case shall exceed the amount for which each stock holder is or may be liable by law ; and a stockholder who fails to pay, as required by the assessment, the amount so assessed against him, shall be liable in a civil action, to be brought in the name of the corporation, for the recovery thereof, as in other eases of indebtedness. (58 v. 20, §§ 5, 6; S. & S., 108, 109.) §362. [The board of military academies; how constituted, etc.] (§ 3757.) The academic board of an institution incor- porated for military and polytechnical education shall consist of the superintendent of the institution, the commandant of cadets, and the professors, and may make and enforce rules and regu- lations for the government of cadets ; but such rules and regu- lations must be first submitted to and approved by the governor of the state. (64 v. 239, §§ 1, 2; S. & S., 109.) §363. [Board of visitors; how constituted.] (§3758.) The board of visitors of such institution shall consist of the governor who shall be ex officio a member and the president of the board, of two other persons to be named by the governor, and such other persons as the superintendent of the institution may appoint. (64 v. 239, § 3; S. & S., 110.) § 364. [Duties of board of visitors.] (§ 3759.) The board of visitors shall meet annually at the institution, on the first day of the annual commencement exercises, and examine into the condition of the classes, quarters, and commons, and the dis- cipline, drill, records of standing in study, and conduct of the cadets, and shall report on same to the legislature at its next §§ 365-367 GUIDE FOR OHIO SCHOOL OFFICERS. 362 annual session ; but the board of visitors, or any member thereof, may visit and inspect the institution at any time. (64 V. 239, § 4; S. & S., 110.) § 365. [How the term of office of trustees and visitors may- be fixed.] (§ 3760.) At a regular meeting for the election of directors or trustees of any college or other institution of learning, the authorized voters may determine, by vote, whether the election of directors or trustees shall be held annually, if the term of their election is for a longer period than one year, and also what proportion of the entire board shall be elected annually; at the first election held under the provisions of this section the voters shall designate upon their ballots who shall serve for one year, who for two years, and who for three years ; and vacancies caused by expiration of term of office shall be filled by election annually thereafter. (70 V. 125. § 1.) . § 366. [Certain corporations may change location.] (§ 3761.) The trustees of colleges and other institutions of learning not endowed by voluntary contributions, which have been established under special acts of incorporation, and which by the provisions of such acts are located at particular places, may change the location thereof to such other places as they may deem proper, and erect and maintain academies and other schools auxiliary thereto. (70 v. 248, § 1.) § 367. [Sale and distribution of the property of certain cor- porations.] (§ 3762.) The trustees of any university, col- lege, or other institution of learning, incorporated by the au- thority of this state under special charter, owned in shares or stock subscribed or taken, may dispose of its property at public sale, upon such terms as to payment as the stockholders thereof, by a vote of three-fourths of the shares or stock of the institution, may direct, after giving public notice of the same, by publication, for six consecutive weeks in some newspaper published in the county where the institution is located, if one is published therein, and if not, then in some newspaper pub- lished in this state, and of general circulation in such county, which notice shall contain a full statement of the terms, time, and place of sale, and the action of the trustees as aforesaid; 363 ARTICLES OF INCORPORATION. § 368 and the trustees may close up the corporate existence of such institution, and make an equitable division and distribution of the proceeds of the sale among all the holders of shares or stock, after the payment of the just debts of the corpora- tion. (67 V. 24, § l.)"^ § 368. [Certain colleges, whose articles of incorporation are not on file in the office of the secretary of state, may file same there and amend.] (§ 3762a.) The trustees of any university, college or institution of learning, incorporated by the authori- ty of this state, or under the general corporation laws thereof, owned in shares of stock subscribed and paid up in full, by a majority of the owners of such stock, for the sole purpose of promoting education, religion and morality, or the fine arts, exclusively among males or females, may, on the written peti- tion of the owners of the majority of such stock filed before them, or on the vote of the owners of the majority of such shares of paid up stock at any general meeting of the stock- holders called for such purpose, after thirty days' notice pub- lished in some newspaper published of general circulation in the county, by the board of trustees, may change the name and enlarge the purposes and objects of any such university, college or institution, by amendments to its charter, approved by the owners of the majority of such stock for the change of the name and the enlargement of the purpose and object of such university, college or institution of learning, so that all the educational rights and privileges thereof may be be- stowed in the co-equal and co-ordinate education of both sexes. When such amendment is adopted and the original articles of incorporation of said corporation have not been filed and recorded in the office of the secretary of state, a copy of such amendment and copy of the original articles of incorporation of said corporation, with a certificate to each of them thereto affixed, signed by the president and secretary of said corpora- tion, and sealed with the corporate seal, if any there be, stat- ing the fact and date of the adoption of such amendment, and that such copy of said amendment, and that such copy of said original articles of incorporation of said corporation are and is a true copy of the originals, shall be recorded in the office of the secretary of state, and when so recorded, and not until then, said amendment shall become and be in law the § 369 GUIDE FOE OHIO SCHOOL OFFICERS. 364 sole articles of incorporation of said corporation; and all the property, real and personal and the title thereunto, and all the rights and credits, shares of stock, and rights of stock- holders, corporate franchises, and all endowment fund or funds, or gift or bequest, or legacies or mortgage securities and promissory notes, and rights of every kind belonging to, vested in or claimed, or possessed by the said original corpora- tion, shall by said amendment pass to, be assigned and trans- ferred and vested in and held, enjoyed and exercised by the said corporation named, created and organized by said amend- ment for the promotion of all the objects and purposes of its creation and organization. For recording such amendments and copies of such original articles of incorporation, and for furnishing a certified copy or copies thereof, the secretary of state shall receive a fee of twenty cents per hundred words, to be in no case less than five dollars. (1888, April 14; 85 v. 270.) § 369. [Colleges may change name and purpose, when; pro- cedure; fees.] (§ 3762&.) That the board of trustees of any university, college or institution of learning, incorporated by the authority of this state, or under the general corporation laws thereof, for the sole purposes of promoting education, religion and morality, or the fine arts, may, at any regular or special meeting of such board of trustees, called for such purpose, after thirty days' actual notice to each and all of such trustees, change the name and enlarge the purposes and objects of any such university, college or institution of learn- ing, by amendment to its charter, approved by a majority of such board of trustees at such regular or special meeting, so called and so notified, for the change of such name and the enlargement of the purposes and objects of such university, college or institution of learning. When such amendment is so adopted by the board of trustees of any university, college or institution of learning, already incorporated by the au- thority of this state, or under the general corporation laws thereof, a copy thereof, with a certificate thereto affixed, signed by the president and secretary of such board of trus- tees, and sealed with the corporate seal, if any there be, stat- ing the fact and date of such amendment, and that such copy is a true copy of the original amendment, shall be filed and ^Q5 RESTRICTIONS UPON MEDICAL COLLEGES. § 370 recorded in the office of the secretary of state, and when so filed and recorded, and not until then, said amendment shall become and be in law an integral part of the articles of incorporation of said corporation, and all the property, real and personal, the title thereto, and all the rights and credits, corporate pow- ers and franchises, and all endowment fund or funds, gifts and bequests, legacies, mortgage securities and promissory notes, and all powers, rights and privileges of every kind be- longing to, vested in, claimed or possessed by said original corporation shall, by said amendment, pass to, be assigned, transferred and vested in, and held, enjoyed and exercised by the said corporation,, named, created and organized by said amendment for the promotion of all the objects of its creation and organization. And said new corporation shall be liable for and perform all the lawful obligations, contracts and un- dertakings of said original corporation. For recording such amendment and furnishing a certified copy or copies thereof, the secretary of state shall receive a fee of twenty cents per hundred words, to be in no case less than five dollars. (87 v. 8.) § 370. [Restrictions under which medical coUeg-es and teach- ers may receive bodies for dissection.] (§ 3763.) All super- intendents of city hospitals, directors or superintendents of city or county infirmaries, directors or superintendents of work-houses, directors or superintendents of asylums for the insane, or other charitable institutions founded and supported in whole or in part at public expense, the directors or warden of the penitentiary, township trustees, sheriffs, or coroners, in possession of bodies not claimed or identified, or which must be buried at the expense of the county or township, shall, be- fore burial, hold such bodies not less than thirty-six hours and shall notify the professor of anatomy in any college which by its charter is empowered to teach anatomy, or the president of any county medical society of the fact that such bodies are be- ing so held and shall, before or after burial, by such said super- intendent, director, or other officer, on the written application of the professor of anatomy, the president of any county medi- cal society, deliver to such said professor, or president, for the purpose of medical or surgical study or dissection, the body of any person who has died in eitheir of said institutions from any § 370 GUIDE FOR OHIO SCHOOL OFFICERS. 366 disease, not infectious, if such body has not been requested for interment by any person at his own expense ; [Body to be delivered to claimant.] If the body of any deceased person so delivered, be subsequently claimed, in writ- ing, by any relative or other person for private interment, at his own expense, it shall be given up to such claimant; [Interment of body after examination or dissection.] After such bodies shall have been subjected to such medical or surgi- cal examination or dissection, the remains thereof shall be interred in some suitable place at the expense of the party or parties in whose keeping said corpse has been placed. [Notification to relatives of deceased person.] In all cases it shall be the duty of the officer having such body under his control to notify or cause to be notified, in writing, the rela- tives or friends of such deceased person ; [Penalty for refusal to deliver body, or acceptance of con- sideration for same.] And any superintendent, coroner, or in- firmary director, sheriff, or township trustee, failing or refus- ing to deliver such bodies when applied for, as herein provided, or who shall charge, receive, or accept money, or other valu- able consideration for the same, shall be fined in any sum not exceeding one hundred dollars, and not less than twenty-five dollars, or be imprisoned in the county jail not exceeding six months ; provided, however, that in no case shall the body of an}'- such deceased person be delivered until twenty-four hours after death. [Body of stranger or traveler.] The bodies of strangers or travelers, who die in any of the institutions herein named, shall not be delivered for the purpose of dissection, except said stranger or traveler belong to that class commonly known as tramps; and all bodies delivered as herein provided shall be used for medical, surgical and anatomical study only, and within this state. [Unlawful to have unauthorized body in possession; penalty.] And the possession of the body of any deceased person for the above purposes, and not authorized under this section, shall be unlawful, and the detention of the body of any deceased person, claimed by relatives or friends for the interment at their expense, shall also be imlawful, and the person so de- taining said body unlawfully, shall be fined in any sum not 367 ORGANIC RULES. §§371-374 exceeding one hundred dollars, nor less than twenty-five dol- lars, or be imprisoned in the county jail not exceeding six months. (93 v. 84; 78 v. 33 ; Rev. Stat. 1880; 67 v. 25, § 1.) § 371. [Penalty for having unlawful possession of corpse.] (§ 3764.) Any person, association, or company, having unlaw- ful possession of the body of any deceased person shall be jointly and severally liable with any and all other persons, as- sociations, and companies that had or have had unlawful pos- session of such corpse in any sum not less than five hundred dollars and not more than five thousand dollars, to be recovered at the suit of the personal representative of the deceased in any court of competent jurisdiction, for the benefit of the next of kin of deceased. ^§372, 373 (^§3765, 3766). Repealed 1880, March 26; 77 V. 85 § 374. [Organic rules which may be prescribed in certain articles of incorporation.] (§ 3767.) An association incor- porated for the purpose of receiving gifts, devises or trust funds to erect, establish, or maintain an academy in any de- partment of fine arts or a gallerj^ for the exhibition of paint- ings or sculpture or works of art, or a museum of natural or other curiosities, or specimens of art or nature promotive of knowledge, or a law or other library, or courses of lectures upon science, art, philosophy, natural historj^, or law, and to open the same to the public on reasonable terms, or an in- dustrial training school, or a mechanics' institute for advancing the best interest (s) of mechanics, manufacturers and artisans, by the more general diffusion of viseful knowledge in those classes of the community, or homes for indigent and aged widows and unmarried women and whose directors or trus- tees may be either sex, may in its articles of incorporation prescribe the tenure of office of the trustees or directors, the made of appointing or electing successors, the administration and management of the property, and trust and other funds of the corporation, and such other organic rules as may be deemed expedient or acceptable to donors which shall be and remain the permanent organic law of the corporation. (1887, February 21; 84 v. 31; 83 v. 40; Rev. Stat. 1880; 75 v. 135; §§ 1, 3-.) §§ 375-378 GUIDE FOR OHIO SCHOOL OFFICERS. 368 § 375. [May add to the objects of the corporation; accept- ance of statutory provisions.] (§ 3768.) Such corporations may by certificate, duly acknowledged by the trustees or direc- tors, and filed in the office of the secretary of state, add to the original objects and purposes of the corporation any of the several objects and purposes, mentioned in the preceding sec- tion which were not provided for by the articles of incorpora- tion, and in any such corporation heretofore incorporated un- der the laws of the state may by certificate, reciting the or- ganic rules' adopted by such corporation as its permanent or- ganic law, and duly acknowledged by the trustees or direct- ors, and lodged in the office of the secretary of state, except the provisions of the preceding section. (1886, March 26; 83 V. 41; 75 V. 135, § 3.) §376. [Authorizing certain mechanics' institute? to bor- row money; liability of directors and trustees.] (§ 3768-1.) See. 1. Any mechanics' institute, incorporated under the laws of this state prior to the year eighteen hundred and fifty-one, be and it is hereby authorized and empowered to borrow mon- ey, issue bonds or notes therefor, at no more than the legal rate of interest, and secure the same by mortgage upon its real estate. (82 v. 118.) §377. [Directors not personally liable,] (§ 3768-2.) Sec. 2. The directors and trustees of such corporation shall not be personally liable for debts contracted by virtue of this act. (82 V. 118.) § 378. [Accounts and receipts of disbursements.] (§ 3769.) The officers of the corporation charged or intrusted with the receipts and disbursements of its funds or property shall make and keep like accurate and detailed accounts of such funds, and the receipts and disbursements thereof, as are required to be kept by the fund commissioners of the state ; the trustees shall, on or before the third Monday in January of each year, file with the clerk of the court of common pleas of the county in which the corporation is located an abstract of their ac- count, which abstract shall correspond in date, amount, per- son to whom paid, and from whom received, and on what ac- count, with the voucher taken or given on account of such re- 369 DUTIES OP ATTORNEY GENERAL. §§ 379-381 ceipts and disbursements ; tliey shall at the same time, annual- ly, file in such clerk's office a report of the names of the donors, the kind, amount, or value of gifts of each, and a brief state- ment of the conditions and purpoes of the gifts ; and the filing of such abstract and report, and the supplying of any omission in either, may" be enforced by order and attachment of the court of common pleas of the proper county, against the trus- tees, on motion of any respectable citizen. (75 v. 135, § 4.) § 379. [Trustees ineligible to other office.] (§ 3770.) No trustee shall be eligible to any office or agency of the corpora- tion to which any salary or emoluments is attached, nor shall the trustees be allowed any salary, emoluments, perquisites, except the right of free ingress to the grounds, rooms, and buildings of the corporation. (75 v. 135, § 5.) § 380. [Attorney general may, by action, enforce duties of officers.] (§ 3771.) On application to the attorney general of five citizens of the proper county, in writing, verified by the oath or affirmation of one of them, setting forth specific charges against any of the fiscal or other agents or trustees of such corporation, involving a breach of trust or duty, he shall give notice thereof to the trustees or agents complained of, and inquire into the truth of such charges, and for this purpose he may receive affidavits, or enforce, by process from the court of common pleas of Franklin county, the production of papers and the attendance of witnesses before him; and if, on testimony or other evidence, he believes the charges, or any of them, to be true, he shall proceed, by action in that court, in the name of the state, against the delinquent trustee or trustees, fiscal agent or agents, and, on the hearing, the court may direct the performance of any duty, or the removal of all or any of the agents or trustees and decree such other and further relief as may be equitable. (75 v. 135, § 6.) § 381. [How number of trustees of certain colleges in- creased.] (§ 3771a.) The board of trustees of any university or college heretofore incorporated, but not under the patron- age of conferences or other ecclesiastical bodies of any religious denomination, as described in section 338 (§ 3736), may in- crease the number of such trustees to twenty-four, exclusive of the president, or a less number, and may divide said trus- § 381 GUIDE FOR OHIO SCHOOL OFFICERS. 370 tees into six classes, each class to serve six years, and one class to be chosen each year, for said term; but one trustee of each class may be chosen by the votes of the alumni of such uni- versity or college, if the board of trustees shall so provide by by-law, in which case it shall also be the duty of the board of trustees to provide, by such by-laws, a method of nominating and electing such appointee of the alumni. The president of such university or college shall, ex officio, be a trustee perpet- ually, and shall not be included in the classes going out in rotation. If it shall be necessary, in the first enlargement of the board of trustees, under this section, to distribute new members to the several classes, whose terms shall expire by rotation, the distribution may be made in such manner as the board may direct, so that no trustee shall be elected for a longer term than six years. (87 v. 188; 86 v. 341.) 371 SCHOOLS SPECIALLY ENDOWED. S§ 382, 383 CHAPTER 16. SCHOOLS SPECIALLY ENDOWED. Section. Sectioiv. §382 (4105-67) Courts of com- §384 (4105-69) Duties of trus- mon pleas to ap- tees. point trustees for §385 (4105-70) Same; oath; bond. schools specially § 386 (4105-71) Accounts to be endowed; powers rendered. of trustees. §387 (4105-72) Visitors. §383 (4105-68) Filling vacancies. §388 (4105-73) When to take ef- fect. § 382. [Courts of common pleas to appoint trustees for schools specially endowed; powers.] (§4105-67.) See. 1. Whenever any person shall, by deed, devise, gift or otherwise, set apart any lands, moneys or effects, as an endowment of a school or academy, not previously established, and shall not provide for the management of such school or academy, the court of common pleas of the proper county shall appoint five trustees, who shall have the control and management of the property, moneys, and effects, so set apart, and of the school or academy thus endowed, and shall hold their offices for five years, and until their successors are elected and qualified; but in making the first appointment the court shall appoint one trustee for one year, one for two years, one for three years, one for four years, and one for five years. The trustees shall be a body corporate, with perpetual succession, and by such name as may be ordered by the court making the first ap- pointment ; may sue and be sued ; have a corporate seal and the same alter or change at pleasure, and may hold all kinds of estates, real and personal, and mixed, which they may ac- quire by purchase, donation, devise or otherwise. (53 v. 33 ; S. & C, 1383.) §383. [Filling vacancies; removal.] (§4105-68.) Sec. 2. The said court shall annually appoint one trustee, to fill the va- cancy then occurring ; and at any other time fill vacancies that may occur from any cause, for the unexpired term ; said court shall also have power upon sufficient cause shown, reasonable § 384 GUIDE FOR OHIO SCHOOL OFFICERS, 372 notice of the time and place of hearing having been given to the party interested, remove any trustee, and may, until a hearing be had, suspend a trustee in the exercise of his office. (53 V. 33; S. & C, 1383.) §384. [Powers and duties of trustees.] (§4105-69.) The trustees shall have power to establish, from time to time, rules and regulations for the management and safe-keeping of the property, moneys, and effects, belonging to the trust, and the expenditure of the income thereof, and also for the management and government of the school or academy; which rules and regulations shall not be inconsistent with the terms of the deed" devise or gift, creating the endowment, or with the laws of this state; they shall not, at any time, or for any cause, incur any debt or liability, beyond the net income of the trust property, moneys, and effects, or use or appropriate the same, otherwise than to invest for the purposes of income, any part of the principal thereof, unless expressly authorized so to do by the terms of the deed, devise or gift, creating the endowment of trust. [Contracts with board of education of districts in which school is located.] The trustees of any school heretofore es- tablished under the provisions of this act, and in no way connected with any religious or other sect, and the board of education of the district in which such school is situated, shall have power to make contracts whereby said trustees shall receive into said school pupils from said district, who shall receive such instruction as is now, or may hereafter be, pro- vided by law for public schools in this state ; and, in considera- tion of such service by said trustees, such board shall have authority, under the general restrictions of the law relating to common schools, in so far as the same are applicable and not inconsistent herewith, to contribute to the maintenance of such school, and to pay such part of the cost of the erection of additional buildings, and upon such conditions, not incon- sistent with the deed, devise or gift under which said school is established, as may be agreed upon by such board and such trustees. Provided that if such school shall after the making of such contract become sectarian or in any way connected with any religious or other sect such contract shall thereupon terminate, 373 - SCHOOLS SPECIALLY ENDOWED. §§ 385-387 and when any such contract between the trustees and the board of education shall for such cause terminate, no right, title, or interest in or to any building toward the cost of which the board of education shall have contributed shall pass to the trustees until full compensation shall have been made to the board of education for the contribution made by such board to the construction of such building. (98 v. 206.) §385. [Same; oath; bond.] (§4105-70.) Sec. 4. The trustees shall, immediately after their appointment, organize by appointing a president, secretary, and treasurer, from their own number, and shall severally take and subscribe an oath to faithfully discharge the duties of trustees, and deposit the same with the county auditor. They shall, also, before taking possession of the property, moneys, or effects, constituting the endowment or trust, severally give bond, in such sum as the court may require, with two or more sufficient sureties, to be approved by a judge of said court, whose approval shall be endorsed on the bonds, conditioned for the faithful manage- ment of the property, moneys, and effects, intrusted to them and accountability therefor in such form as the court or judge may require; and the court may, from time to time, require additional bonds and surety, as may appear necessarj^ for the preservation of the trust estate. The bonds required shall be payable to the state of Ohio, and deposited in the office of the county auditor for safe keeping. (53 v. 33; S. & C, 1383.) §386. [Accounts to be rendered.] (§4105-71.) See. 5. The trustees shall, on the second Monday of September, in each year, and at such other times as the court may require, render a full and accurate account, statement, and exhibit, of the condition of the school or academy under their manage- ment, and the condition of the trust estate and funds; and shall cause the same to be published in such form as the court may direct; which account, statement, and exhibit, shall be sworn to by the president, secretary, and treasurer, or some two of them. (53 v. 33; S. & C, 1383.) §387. [Visitors.] (§4105-72) Sec. 6. The court of com- mon pleas of the proper county shall, annually, at the first § 388 GUIDE FOR OHIO SCHOOL OFFICERS. 374 session after the second Monday in September, appoint three competent and disinterested persons, who shall have authority to visit any such school or academy and examine the same, together with the condition of the trust estate or endowment, and shall report thereon to the court making the appointment. The court shall also authorize such other visitations and ex- aminations as may appear to be necessary. (53 v. 33; S. & C, 1383.) §388. [When to take effect.] (§4105-73.) Sec. 7. This act shall apply to endowments heretofore created, as well as to those hereafter created, and shall take effect from and after its passage. (53 v. 33; S. & C, 1383.) 375 COLLEGES AND UNIVERSITIES. CHAPTER 17. COLLEGES AND UNIVERSITIES. Section. §389 (4095) §390 (4096) §391 (4097) §392 (4098) §393 (4098-1) §394 (4099) § 395 (4100) §396 (4101) §397 (4102) § 398 (4103) § 399 (4104) §400 (4105) § 401 (4105-1) Common council of any municipal corporation may accept education- al trusts. How trust funds to be applied. T r u s t e eship to vest in city, etc. Board of direc- tors; how ap- pointed. Appointment of trustees of uni- versities in Cin- cinnati supported by taxation in whole or in part. Powers of board; duties of city so- licitor. Citizens not to be charged for ad- mission of chil- dren ; non-resi- dents may be ad- mitted. Accounts of re- ceipts and expen- ditures of endow- ment fund; how said fund may be invested. When board may confer degrees; certain universi- ties defined. Site and grounds for universities. When and how tax may be lev- ied. Trust funds, board of educa- tion to act as trustee in certain cases; tax levy. Providing for the sale of certain Section. §402 (4105-2) §403 (4105-3) §404 (4105-4) § 405 (4105-5) §406 (4105-6) § 407 (4105-7) §408 (4105-8) § 409 (4105-9) § 410 (4105-10) § 411 (4105-11) § 412 (4105-12) §413 (4105-13) § 414 (4105-14) § 415 (4105-15) §416( 4105-16) Ohio university lands. Owner to receive deed; form of. Validity of such deed. Registry of deed, etc., to be kept. Proceeds to be de- posited in state treasury and be- come irreducible trust fund. Levy and collec- tion of state tax upon lands do- nated to Athens, Ohio, university for use of said university. Tax in lieu of rents ; tax col- lected from rail- road companies not to include tax on rolling stock. Repeal. E s t a b 1 ishment and name of Ohio State Uni- versity. Style and powers of trustees. Further p o w e rs and duties. Who shall be ad- mitted as pupils. Prerogative of the trustees. Officers of the board. Board may re- ceive devises of land, etc. Title of lands to be vested in the state, etc. GUIDE FOR OHIO SCHOOL OPFICEES. 376 Section. §417 (4105-17) Attorney general to be legal ad- viser of the board. Location of the college; sundry provisos. Acceptance o f ceded lands. Compensation for damages to lands may be demand- ed. Title of lands in- vested in trustees agricultural col- lege, etc. Division of un- sold lands into tracts, etc.; tracts to be num- bered and ap- praised. To be sold at pri- vate or public sale; contracts of sale to be record- ed, etc. Trustees of Ohio State University may erect resi- dence for fac- ulty. Acts repealed. Ohio State Uni- versity; estab- lishment of a school of mines; coui'se of study; school apparatus, etc. Employment and duties of instruc- tors; cabinet of specimens to be kept. Appropriations. Support of Ohio State University Law School. Ohio State Uni- versity depart- ment of ceram- ics. § 431 (4105-31) Special instruc- tion. §432 (4105-32) Laboratory. §433 (4105-33) Expert. § 434 (4105-34) Appropriations. §418 (4105-18) §419 (4105-19) § 420 (4105-20) §421 (4105-21) § 422 (4105-22) § 423 (4105-23) §424 (4105-24) § 425 (4105-25) § 426 (4105-26) § 427 (4105-27) § 428 (4105-28) §429 (4105-29) § 430 (4105-30) Section. § 435 (4105-35) §436 (4105-36) §437 (4105-37) § 438 (4105-38) § 439 (4105-39) § 440 (4105-40) § 441 (4105-41) § 442 (4105-42) §443 (4105-43) § 444 (4105-44) §445 (4105-45) § 446 (4105-46) § 447 (4105-47) § 448 (4105-48) § 449 (4105-49) §450 (4105-50) Written analysis to be furnished by professor of chemistry at ag- ricultural college. To be known as "The Ohio State University." To be governed by board of seven trustees ; how and by whom appointed. Their terms of oflBce; to be paid their expenses while engaged in discharge of du- ties. Powers and duties of board. C o 1 1 e c t i ons of specimens. Meetings of board of trustees. Report of trus- tees; when made and what to con- tain; printing and distribution of report. Funds from sale of land-scrip to form part of ir- reducible debt, interest of same to be paid uni- versity. Board of trustees to fix compensa- tion of faculty, teachers, etc. Branches pre- scribed at Ohio State University. Computation and investment of in- terest. How interest in- vested. Trustees of Ohio State University author! zed to make certain deeds. Duty of auditor of state. Relief of persons who wrongfully 377 COLLEGES AND UNIVERSITIES. §§389,390 Section. § 459 (4105-59) Meetings of trus- tees; their ex- penses. § 460 (4105-60) Powers and du- ties of trustees. §461 (4105-61) Non - sectarian character of de- partment. § 462 (4105-62) Payment to uni- versity of state a p propriations; bond of treas- urer. § 463 (4105-63) Annual report, an estimate of ap- propriations. § 464 (4105-64) Power of member of general assem- bly to designate youth for free admission to such department. §465 (4105-65) Appropriations; application of revenues. §466 (4105-66) Annual appropria- tions for Wilber- force University. § 389. [Common council of any municipal corporation may accept educational trusts.] (§ 4095.) The board of directors of the university, college or other educational institution of any municipal corporation, in the name and on behalf of such corporation, may accept and take any property or funds here- tofore or hereafter given to such corporation for the purpose of founding, maintaining or aiding a university, college or institution for the promotion of education, and upon such terms, conditions and trusts not inconsistent with law as the said board of directors may deem expedient and proper for that end. (97 v. 541.) Section. paid for land in Virginia military district; duty of auditor of state. § 451 (4105-51) Appropriations. § 452 (4105-52) Costs of obtain- ing evidence. § 453 (4105-53) Report to general assembly. §454 (4105-54) Normal and in- dustrial depart- ment of Wilber- force University. „ 455 (4105-55) Board of trus- tees; appoint- ment by govern- or, etc. §456 (4105-56) Choosing of trus- tees by univer- sity board. § 457 (4105-57) Vacancies. § 458 (4105-58) Names of trustees chosen by uni- versity board to be certified to governor. , §390. [How trust funds to be applied.] (§4096.) P'or the further endowment, maintenance and aid of any such university, college or instituiton heretofore or hereafter found- ed, the board of directors thereof may, in the name and in be- half of such municipal corporation, accept and take as trustee and in trust for the purposes aforesaid any estate, property or funds which may have been or may be lawfully transferred to the municipal corporation for such use by any person, per- §391 GUIDE FOR OHIO SCHOOL OFFICERS. 378 sons or body corporate having the same, or any annuity or endowment in the nature of income which may be covenanted or pledged to the municipal corporation, towards such use by any person, persons or body corporate ; and any person, per- sons or body corporate having and holding an estate, property or funds in trust or applicable for the promotion of educa- tion, or the advancement of any of the arts or sciences, may convey, assign and deliver the same to such municipal cor- poration as trustee in his, their or its place, or covenant or pledge its income or any part thereof to the same ; and any such estate, property, funds or income shall be held and ap- plied by such municipal corporation in trust for the further en- dowment, maintenance and aid of such university, college or institution, in accordance nevertheless with the terms and true intent of any trust or condition upon which the same was originally given or held. (97 v. 542.) §391. [Trusteeship to vest in city, etc.] (§4097.) Upon such transfer and the acceptance thereof by the municipal corporation and its successors, as trustees shall become and be perpetually obligated and held to observe and execute such trust in all respects according to any other or further terms or conditions lawfully agreed upon at the time of such transfer and acceptance; and any court having juris- diction of the appointment of trustees of such trust for edu- cational purposes, may, in a proceeding for that purpose duly instituted and had, appoint and constitute such municipal cor- poration with the consent of its council, trustee of the estate, property and funds so transferred to it, and may dispense with bond and surety upon the part of the municipal corpora- tion for the performance of such trust, unless the same is required by the original terms or conditions thereof, and shall upon the due transfer and acceptance of such trust by the municipal corporation, release and fully discharge the trustee, or trustees so transferring the same ; and any acceptance or acceptances by such municipal corporation of any or all prop- erty, funds, rights, trust estate or trusts heretofore given, granted, assigned, or otherwise conveyed or transferred to, or bestowed upon any such municipal corporation or to or upon any such university, college or institution in good faith, and which are still held and retained by such municipal cor- 379 COLLEGES AND UNIVERSITIES. §§392,393 poration, or any such university, college or institution, shall be held and deemed to be valid and binding as to all parties. (97 v. 542.) §392. [Board of directors; hov^r appointed.] (§4098.) The custody and management of any and all estates, property, or funds so given, or transferred in trust to . said city, and the entire administration of any and all such trusts so accepted by the common council thereof, and any university, college or institution for the promotion of education heretofore or hereafter so founded in or by said city, except the common and high schools thereof, shall be committed to a board of nineteen directors, of v^hom the mayor of the city shall be one, and the others shall be appointed by the common council from persons of approved learning, discretion, and fitness for the ofiice, six of whom shall be appointed from persons nominated to the common council by the board of education of the city, and twelve from persons nominated to the common council by the superior court of said city, if there be such court; the term of office of each director shall be six years. Such directors shall serve until the election or qualification of their successors; and any vacancy in the board caused by expiration of term, resignation, removal, or any other cause, shall be filled by appointment herein provided for the unexpired term. The board of directors shall, at the first regular meeting in Januaiy, elect a chairman, who is hereby authorized to adminis- ter the oath of office to any director so appointed. (1889, April 13; 86 V. 292; 78 v. 178; Rev. Stat. 1880; 67 v. 86, § 3.) § 393. [Appointment of trustees of universities in Cincin- nati supported by taxation in whole or in part.] (§ 4098-1.) In cities of the first grade of the first class all vacancies in the board of directors or trustees of universities supported in whole or in part by public taxation upon the property of such city, shall be filled by appointment by the judge or judges of the superior court of sucli cities where the same have a court; otherwise by the judge or judges of the common pleas court of the county in which such cities are located. (89 v. 31.) §§ 394, 395 GUIDE FOR OHIO SCHOOL OFFICERS. 380 § 394. [Powers of board; duties of city solicitor.] (§ 4099.) As to all matters not herein or otherwise provided by law, such board of directors shall have all the authority, power and control vested in or belonging to such municipal corporation as to the management and control of the estate, property and funds, given, transferred, covenanted or pledged to the municipal corporation for the trusts and purposes aforesaid, and the government, conduct and control of such university, college or institution; it may appoint a clerk and all agents proper and necessary for the care and administration of the trust property, and the collection of the income, rents and profits thereof; it m.ay appoint a president, professors, tutors, instructors, agents and servants necessary and proper for such university, college or institution, and fix their compensation; it may provide all the necessary buildings, books, apparatus, means and appliances, and may pass all such by-laws, rules and regulations concerning the president, professors, tutors, instructors, agents, and servant, and the admission, govern- ment and tuition of students, as it may deem wise and proper, and it may, by suitable by-laws, delegate and commit the admission, government, management and control of the stu- dents, courses of studies, discipline and other internal affairs of such university, college or institution, to a faculty which the board of directors may appoint from amorg the pro- fessors. The solicitor of such municipal corporation shall, "" when- ever requested so to do by resolution of said board, prosecute and defend, as the case may be, for and in behalf of the cor- poration, all complaints, suits and controversies in which the corporation or such board is a party, and which relate to any property, funds, trusts, rights, claims, estate or affairs, which shall or may be under the control or direction of said board, or which shall, in any manner, relate to the conduct or gov- ernment of such university, college or institution. (97 v. 542.) § 395. [Citizens not to be charged for admission of chil- dren; non-residents may be admitted.] (§4100.) Citizens of such municipality shall not be charged for instruction in the academic department, except in professional courses therein. Such board of directors may charge fees to students in other 381 COLLEGES AND UNIVERSITIES. §§396,397 departments and to students in professional courses in the academic department, and shall have power in its discretion from time to time to make such university, college or insti- tution free in any or all of its departments to citizens of such county in which such university, college or institution may be located. The board of directors may in their discretion receive other students on such terms as to tuition or other- wise as they may see fit. (97 v. 543.) § 396. [Accounts of receipts and expenditures of endow- ment fund; how said fund may be invested.] (§ 4101.) The accounts of such trust estate, property and funds, and of the income and expenditure thereof, shall be kept by the auditor of such municipal corporation entirely distinct from all other accounts or affairs of the municipal corporation, and the mon- eys shall be kept by the treasurer of the municipal corporation distinct from other moneys. And the said board of directors shall, at all times, confine their disbursements for current expenses within the income of the trust, estate, property and funds, and shall annually report to the mayor and council of such municipal corporation a full statement of the accounts of administration of such trust and other funds; and said board of directors is hereby authorized to invest any part of the funds belonging to, or set apart for the use of such university, college or institution, or to any department thereof, as it may, from time to time, deem proper, in bonds of the United States or of the State of Ohio, or of any municipal corporation in the State of Ohio, or any county or school district in the State of Ohio, or in any other bonds or first mortgage securities approved by the board of directors; and said board is further authorized to use any funds under its control for the improvement of real estate belonging to, or set apart for the use of, such university, college or institution. (97 V. 543.) § 397. [When board may confer degrees ; certain universi- ties defined.] (§ 4102.) The board of directors of such uni- versity, college or institution, may, upon the recommendation of the faculty thereof, confer such degrees and honors as are customary in universities and colleges in the United States, and such others as with refernce to the course of studies and §§398, 399 GUIDE FOR OHIO SCHOOL OFFICERS. 382 attainments of the graduates in special departments it may deem proper. A university supported in whole or in part by municipal taxation, is hereby defined as an asesmblage of colleges united under one organization or management, affording instruction in the arts, sciences and the learned professions, and con- ferring degrees. (97 v. 544.) §398. [Site and grounds for universities.] (§4103.) The council of any such municipal corporation may set apart, or appropriate as a site for the buildings and grounds of any such university, college or institution, any public grounds of the city not especially appropriated or dedicated by ordinance to any other use, any other law to the contrary notwith- standing; and the board of education of any such municipal corporation may also, for a like purpose, set apart, convey or lease for a term of years, any grounds or building owned or controlled by such board of education. Any grant for the use of such grounds or buildings heretofore or hereafter made by any council or board of education, may be modified, changed or extended as to the time when the same shall take effect and be in force, or otherwise, by agreement between said council, or board of education, and the board of directors of such university, college or institution, and said council shall be taken and held to be the representative of such municipal corporation vested with the title, right of possession and entire control of such property for the purposes of a new grant. (97 v. 544.) §399. [When and how tax to be levied.] (§4104.) The council may assess and levy annually a tax on all the taxable property of such municipal corporation to the amount of five-tenths of one mill on the dollar valuation thereof, to be applied by said board to the support of such university, college or institution, and may also levy and assess annually five one-hundredths of one mill on the dollar valuation thereof, for the establishment and maintenance of an astronomical observatory, or for other scientific purposes, to be determined by the board of directors and to be used in connection with such university, college or institution, the proceeds of which shall be applied by the board of directors for such purposes 383 COLLEGES AND UNIVERSITIES. § § 400, 401 exclusively; provided, however, that the taxes specified in this section shall only be levied and assessed when the chief work of such university, college or institution is the mainte- nance of courses of instruction, in advance of, or supple- mentarj^ to, the instruction authorized to be maintained in high schools by boards of education. Said levies shall be made by council at the same time, and in the same manner as other levies for other municipal purposes, and shall be certified by council and placed upon the tax duplicate in the same manner as other municipal levies. The funds of any such university, college or institution shall be paid out by the treasurer upon the order of the board of directors and the warrant of the auditor. (98 v. 128.) § 400. [Trust funds, board of education to act as trustee in certain cases; tax levy.] (§4105.) The custody, manage- ment and administration of any and all estates or funds, given or transferred in trust to any municipality for the promotion of education, and accepted by the council thereof, and any institution for the promotion of education heretofore or hereafter so founded other than a university as defined by this act, shall be committed to, and exercised by, the board of education of the school district including such municipality, and such board of education shall be held the representative and trustee of such municipality in the management and con- trol of such estates and funds so held in trust and in the administration of such institution, excepting always such funds and estates held by any municipality which are used to maintain a university as defined by this act. And for the uses and purposes of such board of education in administering such trusts, the council of such municipality may annually levy taxes on all the taxable property of such municipal corpora- tion to the amount of three-tenths of one mill on the dollar valuation thereof. (97 v. 545.) OHIO UNIVERSITY (ATHENS). § 401. [Providing for sale of university lands.] (§ 4105-1.) Sec. 1. The owner of the lands or town lots held under leases from the president and trustees of the Ohio University, or held under sale-leases or assignments by or under the original § § 402 404 GUIDE FOR OHIO SCHOOL OFFICERS. 384 lessees, may pay to the treasurer for the time being of said university, such sum of money, as being put at interest at six per cent, will yield the amount of rent reserved in the original lease, or in case of a division of the original tract or parcel leased, will equal the proper aliquot part thereof, or the -part agreed upon by the several owners ; providing, that such person so surrendering and releasing to said corporation shall pay the necessary expenses incident to such change of tenure, and procure the services of an agent to perform the necessary labor thereof; and upon payment of such sum and of all rents due upon the land, the treasurer aforesaid shall, on demand of such owner, give him a certificate of such pay- ment. (80 V. 193.) State Normal School, see chapter 14. Members of Legislature not eligible to be trustees, see section 18-1, P. S. § 402. [Owner to receive deed; form of.] (§ 4105-2.) Sec. 2. That such owner, upon such payment, shall be entitled to receive a deed of conveyance for such land by him owned, to be signed by the president of said corporation, counter- signed by its secretary, and sealed with the corporate seal of the university, conveying the premises in fee simple to such owner, or such owner may, at his option, demand and receive a certificate as aforesaid ; and the governor of Ohio, upon presentation thereof, shall execute and deliver to such owner, a deed in due form of law conveying the premises in fee simple to such owner. (80 v. 193.) §403. [Validity of such deed.] (§4105-3.) Sec. 3. That either of such deeds, so made, shall have the effect in law and in fact to vest in the grantee an absolute estate in fee simple in the premises, subject, however, to all liens, equities, or rights of third persons in, to or upon the premises. (80 v. 193.) §404. [Registry of deed, etc., to be kept.] (§4105-4.) Sec. 4. It shall be the duty of such secretary to keep an accurate registry of all such payment, certificates and deeds, with an accurate description of the tract or lot of land so paid for or deeded; and thereafter, the lands so deeded shall be subject to taxation, in like manner as other freehold es- 385 COLLEGES ANL UNIVERSITIES. §§405-408 tates in said county ; and the original leases therefor, in so far as regards the land so deeded, shall cease to have force or effect. 80 v. 193.) § 405. [Proceeds to be deposited in state treasury, and be- come irreducible trust fund.] (§ 4105-5.) Sec. 5. That it shall be the duty of the treasurer of the Ohio University, on or before the first day of January, next, after said receipt of money, to deposit the same in the state treasury upon the certificate of the state auditor, and the sum so deposited shall be added to the irreducible trust funds held by the state for education purposes, and interest thereon shall be paid semi- annually to the treasurer of said university, upon the requisi- tion of the state auditor. (80 v. 193.) § 406. [Levy and collection of state tax upon lands donated to Athens University for use of said university.] (§4105-6.) Sec. 1. Hereafter a state tax or a tax equal to the state tax upon like property, shall be levied and collected upon all lands donated to the Ohio University, situated at Athens, Ohio, and held by lease from said university or by deed from the governor or the said university, including such parts of said lands as are or may be owned, occupied or used by rail- road companies as roadbeds, roadways, station houses, or for other purposes; and the said taxes when collected shall be paid over by the treasurer of Athens county, upon the warrant of the auditor of said county, to the treasurer of the Ohio University, for its use. (82 v. 115.) § 407. [Tax in lieu of rents ; tax collected from railroad companies not to include tax upon rolling stock.] (§ 4105-7.) Sec. 2. That the tax so to be collected upon lands so held by lease, shall be in lieu of so much of the rents due to the university; and the tax so to be collected from railroad com- panies, and paid to the university, shall not include the tax upon rolling stock. (82 v. 115.) §408. [Repeal.] (§4105-8.) Sec. 3. That the act entitled "an act to refund to the Ohio University certain funds in the state treasury, and to provide for the future payment of the claims of said university," passed March 25, 1875, be and §§409-411 GUIDE FOR OHIO SCHOOL OFFICERS. 386 is hereby repealed, saving however, all rights vested or re- quired under said act. (82 v. 115.) OHIO STATE UNIVERSITY (COLUMBUS). §409. [Establishment and style of college.] (§4105-9.) Sec. 1. A college, to be styled the Ohio Agricultural and Mechanical College, is hereby established in this state, in ac- cordance with the provisions of an act of congress of the United States, passed July 2d, 1862, entitled "an act donating public lands to the several states and territories which may provide colleges for the benefit of agricultural and mechanic arts," and said college to be located and controlled as here- inafter provided. The leading object shall be, without ex- cluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agricultural and mechanic arts. (67 v. 20.) See chapter 14, as to State Normal Shool. Right of way through Ohio University lands granted to the Lake Erie and Southern R'y. (88 v. 317.) Right of way through same along Olentangy river granted to Columbus for a street. (89 v. 301.) Acceptance of congressional appropriation of part of pro- ceeds af sales of public lands to certain colleges and desig- nating the treasurer of the Ohio State University to receive such moneys. (88 v. 519.) Professor of physics to have charge of standards of weights and measures ; section 142, R. S. Member of legislature not eligible to be trustee ; section 18-1, R. S. State forestry bureau established at the State University; section 409-15 R. S. §410. [Style and powers of trustees.] (§4105-10.) Sec. 4. The trustees and their successors in office shall be styled the "Board of Trustees of the Ohio Agricultural and Mechanical College," with the right as such, of suing and being sued, of contracting and being contracted with, of making and using a common seal, and altering the same at pleasure. (67 v. 20.) §411. [Further powers and duties.] (§4105-11.) Sec. 5. The board of trustees shall have power to adopt by-laws, rules 387 OHIO STATE UNIVERSITY. §§ 412-414 and regulations for the government of said college ; to elect a president; to determine the number of professors and tutors, elect the same, and fix their salaries. They shall also have power to remove the president or any professor or tutor when- ever the interests of the college, in their judgment, shall re- quire ; to fix and regulate the course of instruction, and to prescribe the extent and character of experiments to be made. (67 V. 20.) §412. [Who shall be admitted as pupils.] (§4105-12.) Sec. 7. The college shall be open to all persons over fourteen years of age, subject to such rules and regulations and limita- tions, as to numbers from the several counties of the state, as may be prescribed by the board of trustees; provided, that each county shall be entitled to its just proportion, according to its population. The board may provide for courses of lectures, either at the seat of the college or elsewhere in the state, which shall be free to all. (67 v. 20.) § 413. [Prerogative of the trustees.] (§ 4105-13.) Sec. 8. The board of trustees shall have the general supervision of all lands, buildings, and other property belonging to said college, and the control of all expenses therefor; provided, always, that said board shall not contract any debt not previously authorized by the general assembly of the state of Ohio. (67 V. 20.) §414. [Officers of the board.] (§4105-14.) See. 9. The board of trustees shall annually elect one of their number chairman, and in the absence of the chairman shall elect one of their number temporary chairman, and shall have power to appoint a secretary, treasurer, and librarian, and such other officers as the interests of the college may require, who may or may not be members of the board; and shall hold their offices for such term as said board shall fix, subject to removal by said board, and shall receive such compensation as the board shall prescribe. The treasurer shall, before entering upon the duties of his office give bond to the state of Ohio in such sum as the board may determine, which bond shall not be for a less sum than the probable amount that will be under §§ 415-418 GUIDE P^OR OHIO SCHOOL OFFICERS. - 388 his control in any one year, conditioned for the faithful dis- charge of his duties and the payment of all moneys coming into his hands, said bond to be approved by the attorney general of the state. (67 v. 20.) § 415. [Board may receive devises of land, etc.] (§ 4105-15.) Sec. 11. The board of trustees shall have power to receive, and hold in trust, for the use and benefit of the college, any grant or devise of land, and any donation or bequest of money or other personal property, to be applied to the general or special use of the college; all donations or bequests of money shall be paid to the state treasurer, and invested in the same manner as the endowment fund of the college, unless otherwise directed in the donation or bequest. (67 v. 20.) § 416. [Title of lands to be vested in the state, etc.] (§ 4105-16.) Sec. 13. The title for all lands for the use of said college, shall be made in fee simple to the state of Ohio, with covenants of seizin and warranty, and no title shall be taken to the state for the purposes aforesaid until the attorney general shall be satisfied that the same is free from all defects and incumbrances. (67 v. 20.) § 417. [Attorney general to be legal adviser of the board.] (§ 4105-17.) Sec. 15. The attorney general of the state shall be the legal adviser of said board of trustees, and he shall institute and prosecute all suits in behalf of the same, and shall receive the same compensation therefor as he is entitled to by law for suits brought in behalf of the asylums of the state. (67 v. 20.) § 418. [Location of the college ; sundry provisos.] (§ 4105-18.) See. 17. It shall be the duty of the board of trustees to permanently locate said agricultural and mechani- cal college upon lands, not less than one hundred acres, which in their judgment is best suited to the wants and purposes of said institution, the same being reasonably central in the state, and accessible by railroad from different parts thereof, having regard to healthiness of location, and also regarding the best interests of the college in the receipt of moneys, lands, or other properties donated to said college by any county, town, 389 OHIO STATE UNIVERSITY. §§419,420 or individual, in consideration of the location of said college at a given place; provided, it shall require a three-fifths vote of the trustees to make said location; and, provided further, that said location shall be made on or before the fifteenth day of October, 1870; provided, further, that any person acting as a trustee, who shall accept or receive, directly or indirectly, any sum or amounts from any person or persons, to use their influence in favor of the location of said college at any par- ticular point or place, shall be held to be guilty of a misde- meanor, and on conviction thereof by any court of competent jurisdiction, shall be fined in any sum not less than one thou- sand nor more than ten thousand dollars; provided, further, that in the location of said college the said trustees shall not in any event incur any debt or obligation exceeding forty thousand dollars; and if, in their opinion, the interests of the college can not be best promoted without a larger expenditure for the location than that sum, then they may delay the perma- nent location of the same until the third Monday of January, 1871, and report their proceedings and conclusions to the general assembly; provided, further, that said college shall not be located until there are secured thereto for such location, donations in money, or unincumbered lands, at their cash valuation, whereon the college is to be located, or in both money and such lands, a sum equal to at least one Hundred thousand dollars. (67 v. 120.) § 419. [Acceptance of ceded lands.] (§ 4105-19.) Sec. 1. The unsurveyed and unsold lands ceded to the state of Ohio by a certain act of congress of the United States, approved February 18, 1871, situate and being in the Virginia Military district between the great Scioto and the Little Miami rivers in said state, be and the same are hereby accepted by the state of Ohio, subject to the provisions of said act. (70 v. 107.) § 420. [Compensation for damages to lands may be demand- ed, etc.] (§4105-20.) Sec. 2. The trustees of the Ohio ag- ricultural and mechanical college are hereby authorized to demand from all persons who have destroyed or converted any timber growing upon the lands ceded to the state of Ohio, as stated in the act to which this is supplementary, since the date of said act of Congress ceding said lands to the state of § 421 GUIDE FOR OHIO SCHOOL OFFICERS. 390 Ohio, full compensation for the timber so destroyed or con- verted, and for all damages, and if payment shall be refused, to institute proper proceedings in the name of said Ohio Agricultural and Mechanical College, in any court of com- petent jurisdiction, to recover the same with damages and costs of suit; provided, that the provisions of this section shall not apply to timber taken from the one hundred and sixty acres by any person who shall obtain the title to the same under section three of this act. (70 v. 107.) § 421, [Title of lands invested in trustees of agricultural college, etc.] (§4105-21.) Sec. 3. The title of said lands is hereby vested in the trustees of the Ohio Agricultural and Mechanical College for the benefit of said college ; and said trustees are hereby required to cause a complete survey of said lands to be immediately made, and a correct plat thereof to be returned to said trustees, and to ascertain and set off, in reasonably compact form, by accurate boundaries to each occupant who was in actual possession of and living upon any of said lands at the time of the passage of said act of Con- gress, as provided therein, or their heirs and assigns, a tract not exceeding forty acres; and upon the payment, by the claimant, of the cost of surveying and making the deed, the said trustees shall make and deliver to said claimant a deed for said tract; and if any such occupant shall have been in such actual possession of more than forty acres, and is desir- ous of holding the same, he shall be entitled to have in addition to said forty acres, any number of acres not exceeding, with said forty acres, the number of one hundred and sixty acres, to be in reasonably compact form, by paying for the said ex- cess over forty acres, the sum of one dollar per acre; and if any claimant under the provisions of this act shall desire to purchase any tract of land adjoining said forty acres, not exceeding, including said forty acres, the amount of one hun- dred and sixty acres, of which said claimant shall have been in actual possession, but does not desire to purchase the same at one dollar per acre, said trustees, upon notice by said claim- ant, shall cause said tract or part of tract to be sold separate from other tracts of land at a valuation fixed upon by the appraisers named in this act, payable one-third at the date of the survey, and the residue in two equal annual installments. 391 OHIO STATE UNIVERSITY. § 422 with interest at six per cent., payable annually, and upon full payment being made with the cost of survey and con- veyance, said trustee shall make and deliver to such claim- ant, his or her heirs or assigns, a deed for said excess over forty acres; provided, that any person claiming the benefit of the provisions of this section as occupant, shall comply in all respects with, and be subject to the provisions of the thirteenth section of the act of Congress, approved September 4, 1841, entitled an act to appropriate the proceeds of the sales of the public lands and to grant pre-emption rights, and to the rules and regulations of the general land office of the United States relating to proof for the establishment of pre- meptor's claims; provided, however, that the affidavit required by said thirteenth section of said act of Congress may be made before any justice of the peace or other affieer authorized to administer oaths. (70 v. 107.) § 422. [Division of unsold lands into tracts, etc. ; tracts to be numbered and appraised.] (§ 4105-22.) Sec. 4. All the unsurveyed and unsold lands in said military district, not occupied as aforesaid, shall be divided by said trustees into such tracts, not exceeding five hundred acres in any one bound- ary, as will be most advantageous, reference being had to the quality of said lands and the uses to which they will be applied; the boundaries to all such tracts and divisions shall be accurately surveyed, and the lines of each tract plainly marked, and substantial stone monuments firmly placed at the principal corners. The character of the soil, water courses, elevation of hills, timber, ledges, or stratas of the Waverly building stone, iron ore, fire clay, and limestone, shall be fully noted by the surveyors on their plats and in their field books. All tracts so divided and surveyed shall be numbered in con- secutive order, commencing with the tracts in Adams county, and so continuing until all said lands in said district shall be platted and numbered ; which number shall be shown upon the plats, and the said plats shall correctly indicate all township lines. The said lands, when so divided, surveyed and num- bered, shall be appraised in separate tracts at their true value in money, by three qualified freehold residents in said state, to be summoned by said trustees, or any committee of theirs. Said appraisers before entering upon their duties, shall take § 423 GUIDE FOR OHIO SCHOOL OFFICERS. 392 and subscribe an oath before competent authority honestly and impartially to appraise all such lands, and to perform all other duties in relation thereto; they shall each be paid two dollars a day for their services, and their expenses al- lowed them; they shall make due return of all their appraise- ments to said trustees, which, with all said plats and surveys, shall be delivered by them to the auditor of state, and the same shall be recorded in the office of said auditor in suitable books to be provided for such purpose; which, with all such original plats, surveys, and papers, shall form a part of the public records of the state in the land department of said office. (70 V. 107.) §423. [To be sold at private or public sale; contracts of sale to be recorded, etc.] (§ 4105-23.) Sec. 5. And the said trustees are hereby authorized and required to sell all of said lands at public or private sale, at a price not less than the appraised value thereof, on such terms for cash and credit as may be agreed upon between the purchaser and said trustees, or any authorized agent of theirs; provided, that the first payment shall, in every case, be not less than one-third of the appraised value of such tract ; all deferred payments shall bear six per cent, interest, to be paid annually, and said trustees may, in their discretion, extend subsequent annual payments through a period not exceeding five years. All public sales of said lands shall be by auction, at the front door of the court house of the county in which these lands so offered lie, after having been advertised five consecutive weeks in a news- paper published and generally circulated in such county; such notices of sale shall contain a suificient description of the premises to clearly identify the same, with a statement of the terms of payment and the amount of appraisement, and all such public sales shall be made at such times as said trustees shall deem expedient ; and in case such land or any tract there- of shall not sell for the amount of the appraisement at such public sale, then upon the same being again offered as afore- said at public sale, the same may be sold for any sum not less than three-fourths of the appraisement; provided, that no trustee of said college or appraiser of said land shall be the purchaser of any of said lands at any such sale or sales, direct- ly or indirectly. The said trustees shall cause all contracts 393 OHIO STATE UNIVERSITY. §§ 424. 425 for the sale of said lands to be printed or written in a book or books, stating the consideration and terms of all sales, which said contracts shall be signed in duplicate by the said trustees or any authorized agent of theirs, and by the pur- chaser or purchasers, one copy of which shall be preserved in said book, and the other shall be delivered to the purchaser at the time the same shall be signed ; and every purchaser shall execute his promissory note or notes, with interest, pay- able as aforesaid, for all deferred payments, which notes shall be non-negotiable, and payable to said college at such place or places as may be directed by said trustees ; and upon full payment being made by the purchaser, his heirs or assigns, for any such land, every such person shall be entitled to re- ceive a conveyance therefor in fee simple by deed of said trustees, executed by the president of the board, under the corporate seal of said college ; and all lands disposed of under the provisions of this act, shall be returned by said trustees to the auditor of the counties in which they are situate, and by them be placed on the duplicate for taxation. (70 v. 107.) § 424. [Trustees of Ohio State University may erect resi- dences for faculty.] (§4105-24.) The proceeds of the sales of such lands, or so much thereof as may be necessary after the payment out of the same of all the necessary expenses of survey and sale remaining uncertified into the treasury of said state, may be used by said trustees in building and main- taining upon the lands of said university a suitable number of houses, adapted to use as family residences, for the use of members of the faculty of said university, for which use a fair and reasonable rent shall be paid to said university. Said buildings shall be erected under the provisions of title six of the Revised Statutes of Ohio ; and the said trustees shall annually report to the governor a detailed statement of receipts and disbursements in the execution of the trusts under the provisions of this act. (1882, April 17; 79 v. 144; Rev. Stat. 1880; 70 v. 107.) §425. [Acts repealed.] (§4105-25.) See. 7. The act en- titled an act to sell lands ceded to the state of Ohio by the Congress of the United States by act of Congress, approved February 18, 1871, passed IMarch 26, 1872, and the act sup- §§426,427 GUIDE FOR OHIO SCHOOL OFFICERS. 394 plementary thereto and amendatory thereof, passed April 29, 1872, be and they are hereby repealed; provided, that the passage of this act shall in no wise affect the validity of the transactions of said board of trustees, or rights vested in any. person, under the provisions of said acts; and this act shall take effect and be in force from and after its passage. (70 v. 107.) § 426. [Ohio State University; establishment of a school of mines; course of study; apparatus, etc.] (§ 4105-26.) Sec. 1. The trustees of the Ohio State University be and they are herebj^ required to establish in said university, a school of mines and mine engineering, in which shall be provided the means for studying scientifically and experimentally the sur- vey, opening, ventilation, care and working of mines; and said school shall be provided with a collection of drawings, illustrating the manner of opening, working, and ventilating mines, and with the necessary instruments for surveying, measuring air, examining and testing the noxious and poison- ous gases of mines, and also with the models of the most im- proved machinery for ventilating and operating all the various [kinds] of mines with safety to the lives and health of those engaged. Said school shall also be provided with complete mining labora.tories for the analysis of coals, ores, fire clays and other minerals, and with all the necessary apparatus for testing the various coals, ores, fire clays, oils, gases, and other minerals. (1888, April 4; 85 v. 155; Eev. Stat. 1880; 74 v. 216.) §427. [Employment and duties of instructors; cabinet of specimens to be kept.] (§4105-27.) Sec. 2. Said trustees shall employ competent persons to give instruction in the most improved and successful methods of opening, [and operat- ing] surveying and inspecting mines, including the methods and machinery employed for extracting coal, ore, fire clay, oil, gas and other minerals from the pit's mouth and for facilitating the ascent and descent of workmen, the draining and freeing of mines from water, the causes of the vitiation of air, the quantities of fresh air required under various cir- cumstances, natural ventilation, mechanical ventilation by flues and fans, and other ventilating machinery, the use of 395 OHIO STATE UNIVERSITY. § § 428-430 air engines, air compressors and coal cutting machinery ; also instruction in the various uses of coals, ores, fire clays, oils, gases and other minerals, and the methods of testing, analyz- ing and assaying such minerals; also the methods employed in metallurgical and other processes in the reduction of ores and in determining the qualities of metals, particularly iron and steel, as shown by practical and laboratory tests; and there shall be kept in a cabinet properly arranged for ready reference and examination, suitably connected with said school of mines samples of the specimens from the various mines in the state, Avhich may be sent for analysis, together with the names of the mines and their localities in the counties from which they were sent, and the analysis and a statement of their properties attached (it shall also be his duty to furnish analysis of all minerals found in the state and sent to him for that purpose by residents of this state). (1888, April 4; 85 V. 155; Rev. Stat. 1880; 74 v. 216.) §428. [Appropriation.] (§4105-28.) Sec. 3. There is appropriated out of the general revenue fund the sum of three thousand five hundred dollars to be expended in the equip- ment, support and maintenance of said school of mines as provided for in the first and second sections of this act. (1888, April 4; 85 V. 155; Rev. Stat. 1880; 74 v. 216.) § 429. [Support of Ohio State University law school.] (§ 4105-29.) Sec. 1". The board of trustees of the Ohio State University are hereby authorized and empowered to appropri- ate annually, for the period of ten years, to the support and maintenance of the school of law of the Ohio State University, out of the fund derived under section 3951 (§ 51) of the Revised Statutes of Ohio, amended March 20, 1891 (88 0. L., 159), a sum not exceeding five thousand dollars, in addition to the sum derived from the tuition fees of the students in said school of law. (90 v. 253.) § 430. [Ohio State University department of ceramics.] (§ 4105-30.) Sec. 1. The trustee of the Ohio State University be and they are hereby required to establish in said university a department of ceramics, equipped and designed for the tech- nical education of clay, cement and glass workers, in all branch- §§431-433 GUIDE FOR OHIO SCPIOOL OPFICEES. 396 es of the art which exist in this state, or which can be profitably introduced and maintained in this state from the mineral re- sources thereof, including the manufacture of earthenwares, stonewares, yellowwares, whitewares, china, porcelain and or- namental pottery, also the manufacture of sewer pipe, fireproof- ing, terracotta, sanitary claywares, electric conduits and spe- cialties, firebricks and all refractory materials, glazed and enameled bricks, pressed bricks, vitrified paving material, as well as the most economic methods in the production of the coarser forms of bricks used for building purposes ; also the manufacture of tiles used for paving, flooring, decorative wall- paneling, roofing and draining purposes, also the manufacture of cement, concrete, artificial stone and all kinds of glass products and all other cla,y industries represented in our limits. (91 V. 164.) §431. [Special instruction.] (§4105-31.) Sec. 2. Said department shall ofi^er special instruction to clay workers on the origin, composition, properties and testing of clays, the selection of materials for different purposes, the mechanical and chemical preparation of clays, the laws of burning clays, the theory and practice of the formation of clay bodies, slips and glazes, and the laws which control the formation and fusion of silicates. (91 v. 164.) §432. [Laboratory.] (§4105-32.) See. 3. Said depart- ment shall be provided with an efficient; laboratory designed especially for the practical instruction of clay workers in the list of subjects enumerated in the second section of this act, and also equipped to investigate into the various troubles and defects incident to every form of clay working, which can not be understood or avoided except by use of such scien- tific investigation. Said laboratory shall be equipped with apparatus for chemical analysis, with furnaces and kilns for pyrometric and practical trials, with such machinery for the grinding, washing and preparation of clays for manufacture as is consistent with the character of the department. (91 v. 164.) §433. [Expert.] (§4105-33.) Sec. 4. Said trustees shall employ to conduct this department of ceramics a competent 397 OHIO STATE UNIVERSITY. §§ -134-437 expert, who shall unite to the necessary education and scien- tific requirements, a thorough practical knowledge of clay working, and not less than two years' actual experience in some branch of the art. It shall be his duty to teach the theoretical part of the subject and to conduct the laboratory for the instruction of students, and also to prosecute such scientific investigation into the technology of the various clay industries as may be practicable, and from time to time to publish the results of his investigations in such form that they will be accessible to the clay workers of the state for the ad- vancement of the art. (91 v. 164.) §434. [Appropriations.] (§4105.) Sec, 5. There shall be hereafter appropriated out of the general revenues of the state the sum of five thousand dollars, to be expended in the organization, equipment and maintenance of said department, as provided for in the first four sections of this act, for the current year, and there shall be appropriated from the same fund the sum of two thousand five hundred dollars annually for two years for the salary, supplies and all Other expenses of maintenance of said department. (91 v. 164.) § 435. [Written analysis to be furnished by professor of chemistry at agricultural college.] (§ 4105-35.) Sec. 2. It shall be the duty of the professor occupying the chair in the chemical and mechanical department of the Ohio agricultural and mechanical college, upon application, to make and give a written analysis of such artificial fertilizers as may be fur- nished to him for that purpose. (75 v. 91.) §436. [To be known as "The Ohio State University."] (§ 4105-36.) Sec. 1. The educational institution heretofore designated as the Ohio Agricultural and Mechanical College shall be known and designated hereafter as ''The Ohio State University." (75 v. 126.) § 437. [To be governed by board of seven trustees ; how and by whom appointed.] (§ 4105-37.) Sec. 2. The government of said university shall be vested in a board of seven trustees, who shall be appointed by the governor of the state, with the advice and consent of the senate ; but no trustee, or his relation §§ 438-440 GUIDE FOR OHIO SCHOOL OFFICERS. 398 by blood or marriage, shall be eligible to any professorship or position in the university, the compensation for which is payable out of the state treasury, or said college fund. (75 V. 126.) § 438. [Their terms of office; to be paid their expenses while engaged in the discharge of duties.] (§ 4105-38.) Sec. 3. The members of said board of trustees and their successors shall hold their offices for the term of seven years each ; provided, that the trustees first appointed under the provisions of this act shall hold their terms for one, two, three, four, five, six, and seven years, respectively, to be fixed by the governor in their commissions. In case a vacancy shall occur from death or other cause, the appointment shall be for the unexpired term. The trustees shall not receive any compensation for their services, but they shall be paid their reasonable and necessary expenses while engaged in the discharge of their official duties. (75 v. 126.) § 439. [Powers and duties of board.] (§ 4105-39.) Sec. 4. The board of trustees shall have power, and it is made their duty, to collect, or cause to be collected, specimens of the various cereals, fruits, and other vegetable products, and to have experiments made in their reproduction upon the lands of the university, and to make report of the same, from year to year, together with such other facts as may tend to advance the interests of agriculture. (75 v. 126.) §440. [Collections of specimens.] (§4105-40.) Sec. 5. The board of trustees shall have power, and it is hereby made their duty to secure and keep in the said university a collection of specimens in mineralogy, geology, zoology, botany, and other specimens pertaining to natural history and the sciences ; and it shall be the duty of the president of the university to collect and deposit in the said university, in such manner as shall be directed by the trustees, a full and complete set of specimens as collected by him and his assistants, together with a brief description of the character of the same, and where obtained; and the said specimens shall be properly classified and kept for the benefit of said university. (75 v. 126.) 399 OHIO STATE UNIVERSITY. §§ 441,442 § 441. [Meetings of board of trustees.] (§ 4105-41.) Sec. 6. The first meeting of the members of the board shall be called by the governor, as soon after the appointment of said board as convenient, to be held at said university, in Columbus, Ohio. All succeeding meetings shall be called in such manner, and at such times as the board may prescribe. The said board shall meet at least three times annually, and at such other times as they may think necessary for the best interests of the said university. A majority of the board of trustees pres- ent at any meeting shall constitute a quorum to do business; provided, a majority of all the board shall be required to elect or remove a president or professor. (75 v. 126.) § 442. [Annual report of trustees ; fiscal year ; printing and distribution of report.] (§4105-42.) Sec. 7. The board of trustees shall cause to be made on or before the first of October of each year a report to the governor of the condition of said university; the amount of receipts and disbursements, and for what the disbursements were made; the number of professors, officers, teachers, and other employes and the position and compensation of each : the number of students in the several departments and classes, and the course of instruction pur- sued in each ; also an estimate of the expenses for the ensuing year; a statement showing the progress of the university, re- cording any improvements and experiments made, with their costs and the results, and such other matters as may be sup- posed useful. Said annual report shall be for the year ending June 30, and the said Ohio State University is hereby ex- empted from the provisions of section 172, Revised Statutes of Ohio. There shall be printed under the provision of section 58 of the Revised Statutes of Ohio, as amended May 1, 1891 (0. L. V. 88, p. 498), five thousand copies of the said annual report, to be distributed by the trustees in such manner as they shall deem best for the interest of said university. The president of said university shall submit by mail one copy to the secretary of the interior, one copy to the secretary of ag- riculture, and one copy to each of the colleges which are, or may be endowed under the provisions of the act of congress of July 2, 1862. (90 v. 292; 75 v. 126.) § § 443-436 GUIDE FOE OHIO SCHOOL OFFICERS. 400 § 443. [Funds from the sale of land script to form part of irreducible debt; and interest of same paid to university.] (§ 4105-43.) Sec. 8. All funds derived from the sale of land script issued to the state of Ohio by the United States, in pursuance of the aforesaid act' of congress, together with the interest accumulated thereon, shall constitute a part of the irreducible debt of this state, the interest upon which, as pro- vided by the act of February 10, 1870 (0. L., vol. 67, p. 15), shall be paid to the university by the auditor of state, upon the requisition of the commissioners of the sinking fund, issued on the certificate of the secretary of the board of trustees, that the same has been appropriated by said trustees to the endowment, support, and maintenance of the university, as provided in the act of congress aforesaid. (75 v. 126.) § 444. [Compensation of president, professors, teachers, etc.] (§ 4105-44.) Sec. 9. That said board of trustees shall fix the compensation for the president, professors, teachers and all other employes of the university, provided, that the compensation for the services of the professors shall not exceed twenty-five hundred dollars each per annum. (91 v. 74; 75 v. 126.) § 445. [Branches prescribed at Ohio State University.] (§4105-45.) Sec. 10. It shall be the duty of the board of trustees, in connection with the faculty of the university, to provide for the teaching of such branches of learning as are related to agriculture and the mechanic arts, mines, and mine engineering, and military tactics, and such other scientific and classic studies as the resources of the fund will permit. (1880, April 15; 77 v. 227; Rev. Stat, 75 v. 126.) § 446. [Computation and investment of interest.] (§4105-46.) Sec. 1. The auditor of state be and is required to compute the interest which has accrued and will accrue on the agricultural college scrip fund since the same has been sold, to July first, one thousand eight hundred and seventy, compounding the same by semi-annual rests on the first day day of January and the first day of July in each year; and on the fifteenth day of June eighteen hundred and seventy to transfer the sum so arising to the said college fund, and in- 401 OHIO STATE UNIVERSITY. §§447-450 vest the same in the interest-bearing bonds of the State, in the same manner as the principal of the said fund is now invested. (67 v. 15.) §447. [How interest invested.] (§4105-47.) See. 2. That on the first day of July, eighteen hundred and seventy, and every six months thereafter (viz: on the first day of January and July, respectively) the auditor of state shall invest the interest of said funds falling due in the same manner as the principal now invested. (67 v. 15.) § 448. [Trustees of Ohio State University authorized to make deeds.] (§4105-48.) Sec. 1. As soon as the board of trustees of the Ohio State University accepts the provisions hereinafter made, it is hereby authorized and required to execute and deliver upon demand, a deed of conveyance to the parties in possession under claim of title of any unpatented survey or part thereof, in said Virginia Military District; provided, however, that all applicants for such deed must fur- nish said trustees with a certified copy of the deed under which they claim, and if required, a certified copy of the un- patented survey in which their lands are situate, as the nec- essary evidence to satisfy the board that the same has never been patented, but has been occupied and improved by the said parties in possession or those under whom they claim title, for more than twenty-one years. Provided, also, that each applicant shall pay the board of trustees the sum of two dollars, as the cost of preparing and executing such deed. (86 V. 92.) §449. [Duty of auditor of state.] (§4105-49.) See. 2. The auditor of state shall add the sum of one dollar per acre, reckoned by the number of acres of land in each actual survey for all conveyances so made to that part of the irreducible debt of the state, which forms the endowment of said Ohio State University; provided, that in cases where suit has been brought for the recovery of said lands, persons demanding deeds of release, shall pay all court costs of such suits. (86 v. 92.) § 450. [Relief of persons who wrongfully paid for lands in Virginia Military District; duty of auditor of state.] §§ 451-453 GUIDE FOR OHIO SCHOOL OFFICERS. 402 (§4105-50.) Sec. 1. All persons who were in possession of lands in the Virginia Military District under claim of title of an unpatented survey or part thereof, said lands having been occupied and improved by said persons in possession or those under whom they claim title for more than twenty-one years and were compelled by suit, or the fear thereof, to pay the Ohio State University for said lands, are hereby author- ized to present a statement of the amount of money so paid by them, together with all the facts relating to the land held by them and their title thereto, to a board composed of the secretary of state, auditor of state and attorney general, who are hereby authorized and empowered to examine such state- ments and call for and examine such other testimony as they see fit, and if upon such examination said board are satisfied that said persons are justly entitled to relief as those persons were who have obtained relief under the provisions of the aforesaid act, then said board shall determine how much said party has wrongfully paid and issue and order to the auditor of state directing him to draw his warrant on the treasurer of state for the said amount in behalf of the person filing said statement; provided, that where such claims have been heretofore as (or) shall hereafter be allowed by said board, the auditor of state shall add the amount thereof to that part of the irreducible debt of the state which constitutes the endowment fund of said Ohio State University. (91 v. 375; 90 v. 221.) §451. [Appropriation.] (§4105-51.) Sec. 2. That there be and is hereby appropriated, out of any money in the state treasury accredited to the fund of the Ohio State University, the sum of twelve hundred and ninety-six dollars to pay said warrants. (90 v. 221.) §452. [Costs of obtaining evidence.] (§4105-52.) Sec. 3. That persons filing such statements shall pay all the costs incurred in obtaining evidence. (90 v. 221.) §453. [Report to general assembly.] (§4105-53.) Sec. 4. Said board shall report all its proceedings to the general as- sembly. (90 V. 221.) 403 WILBERFORCE UNIVERSITY. §§454-456 WILBERFORCE UNIVERSITY. § 454. [Normal and industrial department at Wilberf orce University.] (§4105-54. Sec. 1. There shall be established and maintained at Wilberforce University, in Greene county, Ohio, a combined normal and industrial department. (84 v. 127.) §455. [Board of trustees; appointment by governor, etc.] (§ 4105-55.) Sec. 2. To carry out the purposes of this act, there shall be and hereby is created a board of nine trustees to be known as "the board of trustees of the combined normal and industrial department at Wilberforce University," five shall be appointed by the governor by and with the consent of the senate, and three shall be chosen by the board of trus- tees of said universit}^ The president of the university shall be ex officio a member of said board. The trustees so to be appointed by the governor, as aforesaid, shall be appointed, on or before the first day of May, 1896, and they shall hold their office respectively as follows : One for one year, two for two years, and two for four years the term of such to begin to run from July first, 1896 ; said term shall be designated by the governor in his message of appointment to the senate and in the commission issued to said trustees. At the session of the senate next preceding the expiration of the term of any trustee, the governor shall appoint his successor for the term of four years ; and every appointment of the governor under this act shall be submitted to the senate for confirmation. (92 V. 275; 89 V. 368; 87 v. 215; 84 v. 127.) § 456. [Choosing of trustees by university board.] (§ 4105-56.) Sec. 3. The three trustees to be chosen as afore- said by the board of trustees of said university shall be chosen at the first regular meeting of said board in June, 1892, after the passage of this act ; and the three so chosen at such meet- ing, shall hold their offices, respectively, as follows: One for one year, one for two years, and one for three years, and the term of each to begin to run from the third Thursday in June, 1892. In anticipation of the expiration of the term of any trustee so chosen, the said university board shall, annually thereafter at its regular meeting choose his successor, who §§ 457-460 GUIDE FOR OHIO SCHOOL OFFICERS. 404 shall hold his office for (the) term of three years. (89 v. 368; 84 V. 127.) §457. [Vacancies.] (§4105-5-7.) See. 4. In case a vacan- cy in that portion of the board so appointed by the governor or chosen by the university board shall occur from death, resig- nation, or other cause, the appointment or selection to fill such vacancy shall be made in the one case by the governor, and in the other by the executive board of said university for the unexpired term. (84 v. 127.) § 458. [Names of trustees chosen by university board to be certified to governor.] (§ 4105-58.) Sec. 5. It shall be the duty of the secretary of the said university, immediately upon choice being made by the university board of three trustees as aforesaid, to certify to the governor, under the seal of said university, the names of the persons so chosen as trustees under this act, with their terms, respectively; and also the name of the person chosen by said executive board at any time to fill a vacancy. (84 v. 127.) §459. [Meetings of trustees; their expenses.] (§4105-59.) Sec. 6. The board of trustees created under this act shall meet in regular session at said university twice a year; the first meeting shall be on the third Thursday in June, and the second on the first Thursday in November of each year; but other meetings may be held at such places and times as a majority of the board may determine. The said trustees shall receive no compensation, but shall be reimbursed their traveling and other reasonable and necessary expenses out of appropriations under this act. (89 v. 368; 84 v. 127.) §460. [Powers and duties of trustees.] (§4105-60.) Sec. 7. It shall be the duty of said board of trustees created under this act to take, keep and maintain exclusive authority, directions, supervision and control over the operations and conduct of said normal and industrial department, so as to assure for it the best attainable results with the aid hereby secured to it from the state. Said board shall determine the branches of industry to be pursued, purchase, through a suit- able and disinterested agent, the necessary means and appli- 405 WILBERFOECE UNIVERSITY. §§ 461-463 ances, select a superintendent for tlie industrial branch of the department, fix his salary and prescribe his duties and authority. The expenditures of all moneys appropriated imder this act for carrying out its purpose and provisions, shall be made only under such regulations and for such specific pur- poses not herein provided for, as the board of trustees of said department shall establish; but no money hereby appro- priated by the state shall be used at any time for any pur- pose not in direct furtherance and promotion of the objects of the department. (84 v. 127.) § 461. [Non-sectarian character o f department.] (§4105-61.) Sec. 8. No sectarian influence, direction or in- terference in the management or conduct of the affairs or education of said department shall be permitted by its board ; but its benefits shall be open to all applicants of good moral character and within the limitations of age determined by said board. (84 v. 127.) § 462. [Payment to university of state appropriations; bond of treasurer.] (§ 4105-62.) Sec. 9. Upon the certificate of the board of trustees of said department that the necessary steps have been taken by the board of trustees of said uni- versity to co-operate with the department trustees in carrying out the purposes of this act by granting the use of its build- ings, grounds and educational facilities, there shall be paid to the treasurer of said department, semi-annually, one-half of such amounts as may be annually appropriated by the gen- eral asesmbly for the purposes therein named. The treasurer of said department shall give to the state of Ohio a bond to be approved by the attorney general in the sum of twenty thousand dollars, conditioned that he shall faithfully discharge his duties and account for any money coming into his hands from the state of Ohio. (92 v. 275; 84 v. 127.) § 463. [Annual report, and estimate of appropriations.] (§ 4105-63.) Sec. 10. The board of trustees shall cause to be made on or before the first day of December, eighteen hundred and eighty-eight (and) each year thereafter, a report to the governor of the condition, progress and results of said depart- ment, with an estimate of what appropriation shall be required to secure the objects of this act. (84 v. 127.) § § 464-466 GUIDE FOR OHIO SCHOOL OFFICERS. 406 § 464. [Designation of pupils by members of general assem- Wy.] (§ 4105-64.) Sec. 11. Each senator and representative of the general assembly of the state of Ohio may designate one or more youth resident of his district who shall be en- titled to attend the said normal and industrial department free of tuition. (92 v. 275; 84 v. 127.) § 465. [Appropriations ; application of revenues.] (§4105-65.) Sec. 12. For the purpose of carrying out the provisions of this act there shall be levied annually a tax on the grand list of taxable property of the state, which shall be collected in the same manner as other state taxes, and the proceeds of which shall constitute "the fund of the combined normal and industrial department at Wilberforce University." The rate of such levy shall be designated by the general as- sembly at least once in two years, and if the general assembly shall fail to designate the rate for any year, the same shall be for the said fund of the ''combined normal and industrial department of Wilberforce University" two-hundredths of one mill upon each dollar valuation of such taxable property for. the year 1900 and one-hundredth of one mill thereafter. The same shall be paid to the treasurer of the normal and indus- trial department at "Wilberforce University in accordance with the provisions of section twelve of said act. All revenue arising from tuitions, sales of products or otherwise under the aforesaid department shall be applied by its board of trustees to defray its expenses, or to increaps its inefficiency, a strict account of which shall be kept by the department board, and accompany the report to the governor. (94 v. 598; 92 v. 156; 84 V. 127.) § 466. [Additional appropriations for Wilberforce Univer- sity.] (§ 4105-66.) See. 1. There is hereby appropriated out of any moneys in the treasury to the credit of the general revenue fund not otherwise appropriated, for combined normal and industrial department at Wilberforce University, two thou- sand dollars, the same being the balance due said institution under the provisions of an act passed March 19, 1887. And this amount shall be in full of all claims against the state by said university. (86 v. 392.) 407 STATE COMMISSIONER OF COMMON SCHOOIS. §§ 467, 468 CHAPTER 18. STATE COMMISSIONER OF COMMON SCHOOLS. Section. §467 (354) §468 (355) §469 (356) §470 (357) §471 (358) §472 (359) §473 (360) State commissioner of common schools; election and term of; proviso. Bond. His office; books and papers; prohibi- tions. His duties to teach- ers' institutes, etc. His supervision over school funds and school officers. Shall prepare and transmit forms and instructions. Shall cause school laws, with forms, etc., to be printed and distributed. Section. §474 (361) §475 (362) §476 (363) §477 (364) §478 (365) §479 (366) Annual report of commissioner of schools. What the report shall contain. Shall require reports from private schools, etc. His duty on com- plaint of fraudu- lent use of money; appointment of ex- aminer. Powers, duties and compensation o f examiner. Duty of judge and prosecuting attor- ney. § 467. [State commissioner of common schools; election and term of ; proviso.] (§354.) There shall be elected, biennially, at the general election for state officers, a state commissioner of common schools, who shall hold his office for the term of two years from the second Monday of July succeeding his election ; and in case of a vacancy occurring by death, resig- nation or otherwise, the governor shall fill the same by ap- pointment. (98 V. 272.) § 468. [His oflEicial bond, and oath.] (§ 355.) Before en- tering upon the discharge of his official duties, the commissioner shall give bond in the sum of five thousand dollars to the state, with two or more sureties, to the acceptance of the sec- retary of state, conditioned that he will truly account for and apply all moneys or other property which may come into his hands in his official capacity, and that he will faithfully per- form the duties enjoined upon him according to law; which bond, with his oath of office indorsed thereon, shall be filed with the treasurer of state. (70 v. 195, §103 ; S. & C, 1362.) §§469-473 GUIDE FOR Ohio school officers. 408 §469. [OlRce; books and papers; prohibitions.] (§356.) The books and papers of his department shall be kept at the seat of government where a suitable office shall be furnished by the state, at which he shall give attendance not less than ten monhs in each year, except when absent on public duty; and he shall not, while holding the office of state commissioner of common schools, perform the duties of teacher or superin- tendent of any public or private school, or be employed as teacher in any college, or hold other office or position of emolu- ment. (90 V. 13; 70 V. 195, § 104; S. & C, 1362.) § 470. [His duties in visiting the several judicial districts.] (§ 357.) The commissioner shall visit annually, each judicial district of the state, superintending and encouraging teachers' institutes, conferring with boards of education or other school officers, counseling teachers, visiting schools and delivering lectures on topics calculated to subserve the interests of popu- lar education. (70 v. 195, § 105; S. & C, 1362.) § 471. [His supervision over school funds; may require re- ports from certain officers.] (§ 358.) He shall also exercise such supervision over the educational funds of the state as is necessary to secure their safety and right application and distribution according to law. He has power to require of county auditors, boards of education, clerks and treasurers of boards of education, or other local school officers, and county treasurers, copies of all reports by them required to be made, and all such other information in relation to the funds and condition of schools and the management thereof as he deems important. (70 v. 195, § 106; S. & C, 1362.) §472. [Shall prepare forms, etc.] (§359.) He shall pre- scribe suitable forms and regulations for making all reports and conducting all necessary proceedings under the school laws, and cause the same, with such instructions as he deems necessary and proper for the organization and government of schools, to be transmitted to the local school officers, who shall be governed in accordance therewith. (70 v. 195, § 107; S. & C, 1363.) § 473. [Duties as to distribution of school laws, etc.] (§ 360.) He shall cause as many copies of the laws as are ■^09 STATE COMMISSIONER. §§474 475 necessary, relating to schools and teachers' institutes, with an appendix of appropriate forms and instructions for car- rying into execution all such laws, to be printed in a separate volume, and distributed to each county with the laws, jour- nals, and other documents, for the use of the school officers therein, as often as any change in the laws is made of suffi- cient importance, in the opinion of the commissioner, to re- quire a republication and distribution thereof. (70 v. 195, § 108; S. & C, 1363.) In reference to the weigh't that should properly be attached to the advice or forms given by a state commissioner of com- mon schools, the circuit court in. The State v. German Town- ship, 2 C. C, 366, has in substance said, that while such matters cannot have the force of the judicial interpretation, yet, whatever is said is entitled to great weight, as the opinion of the eminent educator, who is at the head of the school system of this state, and presumably familiar with the neces- sities of the schools, and the usefulness of the various articles. Especially is this true when it is remembered that he is re- quired by law to prepare for the use of school officers through- out the state, a printed book containing matters referred to in the above statute. The question there was, as to what might constitute an apparatus within the meaning of section 3995 of the Revised Statutes and what might constitute fur- nishings for a school as contemplated under section 3987 (§ 95) of the Revised Statutes. § 474. [Annual report of commissioner of schools.] (§ 361.) He shall make an annual report, on or before the fifteenth day of November, to the general assembly, when that body is in session, and when not in session the report shall be made to the governor, who shall cause the same to be published, and shall also communicate a copy thereof to the general assembly at the beginning of the next session. (85 V. 192; Rev. Stat. 1880; 70 v. 195, § 109; S. & C, 1363.) § 475. [What it shall present.] (§ 475.) In his annual re- port he shall present a statement of the condition and amount of all funds and property appropriated to purposes of educa- tion; a statement of the number of common schools in the state, the number of scholars attending such schools, their sex, and the branches taught; a statement of the number of §§ 476, 477 GUIDE FOR OHIO SCHOOL OFFICERS. 410 teachers' institutes, and the number of teachers attending them, and the number of instructors and lecturers, and the amount paid to each; a statement of the estimates and ac- counts of the expenditures of the public school funds of every description ; a statement of plans for the management and im- provement of common schools, and such other information relative to the educational interests of the state as he deems of importance. (70 v. 195, § 110; S. & C, 1363.) § 476. [Shall require reports from private schools, etc.] (§ 363.) He shall, annually, require of the president, manag- er, or principal of every seminary, academy, and private school, a report of such facts, arranged in such form as he prescribes, and shall furnish blanks for such reports; and it is made the duty of every such president, manager, or principal, to fill up and return such blanks within the time the commissioner directs. (73 v. 225, § 1.) § 477. [Duties of commissioner on complaint of fraudulent use of money, etc.; appointment of accountant to investigate charges.] (§ 364.) When a complaint is made to the state commissioner of common schools, in writing, verified by the affidavits of at least three freeholders and taxpayers, resident of any school district in the state, and bearing the certificate of the auditor or auditors of the respective county, or coun- ties, in which said district is located, that said affiants are freeholders and taxpayers, alleging that they have good reason to and do believe that any portion of the school fund of such district has been expended, or is being expended, con- trary to law, or has been fraudulently, unlawfully, or cor- ruptly used, or misapplied, by any of the officers of such dis- trict, or that there have been fraudulent entries in the boolvs, accounts, vouchers, or settlement sheets thereof, by any such officers, or that any such officers have not made settlements of their accounts as required by law, or whenever from infor- mation filed in his office, or from other cause, the state com- missioner of common schools may deem it necessary for the safety and security of the public funds of any school district, situated in the state of Ohio, he is authorized and required to appoint some trustworthy and competent accountant, for the 411 STATE COMMISSIONER. § 477 purpose of investigating such complaint, or allegations, who after being duly commisisoned by said state commissioner of common schools and sworn by any person authorized by law to administer oaths, shall forthwith visit such school district and take possession of all the books, papers, vouchers and ac- counts of such district and investigate the truth of the alle- gations of such complaint, and the condition of the school fund of such district; and the several officers of such school district, on the application of such examiner, shall immediate- ly place in his possession all their books, accounts, contracts, vouchers, and other papers having reference to the receipts and disbursements of the school funds ; and the county auditor and treasurer shall give such examiner free access to all the records, books, papers, vouchers, and accounts of their re- spective offices having reference to the object of such investi- gation, and said examiner is authorized, by and with the writ- ten consent of the prosecuting attorney, or the judge of the court of common pleas of the county in which such district is located, to require the assistance of the official stenographer of said county, in making such examination; and said ste- nographer shall receive only such compensation and in the manner provided in section 478, Revised Statutes, upon the certificate of the prosecuting attorney of said county. (94 v, 312; 72 V. 82, § 1.) Complaint as to Fraudulent Comments. Use of Money, etc. Form of Complaint. Complaint as to Fraudulent Use of Money, etc. — The above statute places it within the hands of any three freeholders and taxpayers, residents of any school district, to bring to the attention of the state school commissioners any matter that they may believe is existing in their district, for which there has been an unlawful expenditure of school funds or where there is being any fraudulent, unlawful or misapplication of any of such funds or where officers have properly failed to perform their duty, incumbent upon them by virtue of the statute regulating the office which they hold. It should be observed, that the only requisite of this application is that it must be signed by at least three freeholders and taxpayers, residents of the school district, and must have attached to it a certificate of the auditor of § 478 GUIDE FOR OHIO SCHOOL OFFICERS. 412 the county. After such complaint is received by the commis- sioner, it is his duty to appoint some trustworthy and com- petent accountant to investigate the matter charged in the complaint. Such official shall be sworn, and will have full authority to examine all books and accounts that he may deem proper in order that he may make a full and complete examination. The form of such complaint may be as follows: Form of Complaint. To the State Commissioner of Common Schools. Sir: — I respectfully submit the following state of facts as existing in school district, ...... county, Ohio: (Statement of complaint containing one of the causes mentioned in section 364, R. S. (§ 477). In consideration of the above statement I respectfully request the appointment of some competent accountant to investigate the con- dition of the school funds of said district. Complainant. State of Ohio, County, ss. ' I , , and do solemnly swear (affirm) that the statements made in the foregoing complaint are true to the best of my knowledge and belief. Sworn to by , and and subscribed in my pres- ence this day of , 190.. (Title.) I hereby certify that , , and are freeholders and taxpayers, residents of school district. ., Ohio, 190. County Auditor. §478. [Powers and duties of examiner; his compensation; payment thereof.] (§ 365.) Such examiner shall have au- thority to call before him forthwith, upon written notice, and examine witnesses, under oath, to be administered by him ; and he shall immediately after completing such investigation, re- port in writing, in duplicate, setting forth the condition of the books, vouchers, and accounts of such district, the amount of school funds received for any and all purposes, and from whatever source, the amount expended, and for what, and the amount actually in the treasury, one copy of which reports he shall file in the office of the clerk of the court of common pleas of the county in which such district is situate, and the other copy he shall transmit to the state commissioner of common 413 STATE COMMISSIONER. § 479 schools at Columbus; and the examiner so appointed and performing the duties herein required, shall receive as com- pensation a per diem of five dollars for each day necessarily- engaged in the performance of his duties, and shall also re- ceive five cents for each mile by him necessarily traveled in that behalf; but no mileage shall be allowed for a greater distance than from Columbus to such district; and such com- pensation and mileage shall be paid out of the county treasury upon the warrant of the county auditor, and if the investiga- tion establish the truth of any material allegation in such complaint, then such amount so paid shall be assessed by the county auditor upon the taxable property of the district, to be collected as other taxes are for the use of such county treas- urer. (94 V. 313; 72 V. 82, § 2.) § 479. [Adverse report of examiner to be given in charge to the grand jury; duty of prosecuting attorney.] (§ 366.) The judge of the court of common pleas of the proper county shall examine the report so filed in the clerk's office, as pro- vided in section three hundred and sixty-five, and if it appear therefrom that any part of the common school fund has been fraudulently, unlawfull}^, or corruptly used or misapplied, or that there has been fraud in any of the entries, accounts, vouchers, contracts, or settlements, or that the settlements have not been made as required by law, or that there appears any defalcation or embezzlement on the part of any of the officers of such school district, he shall give the report special- ly in charge to the grand jury at the term of the court of com- mon pleas next after the filing of the same ; and the prose- cuting attorney of such county shall forthwith institute and carry forward such proceedings, civil or criminal, or both, against the delinquent officer or officers of such district as is authorized by law. (72 v. 82, § 3.) 415 APPENDIX. APPENDIX. Historical 4iv Ohio Statistics — Branch of study 428 Colleges and universities 435, 436 County examinations 431, 440 County examinations 431 applicants 431 County examination questions 455 Elementary 461 High school ; 455 Pupils 466 Special 460 District examinations 432, 440 applicants 432 Examinations for township pupils 431 Expenditures 437 Higher educational institutions other than colleges 428 High school 434 Institute fund 430 Receipts 423 School districts 423 School houses 439 School property 430 School taxes 440 Separate district examinations 442 State board of school examiners 442 Information 431 State examinations 444 State examination questions 433 Teachers employed 441 Teachers' institutes 424, 439, 440 Teachers' wages 426, 439 Youth of school age 439 United States Statistics of State school system — Table 1. Total population, school population and adult male population 469 Table 2. Density of population, nativity and race classification, value of manufactures, illiteracy, and relations to adult male and school population 470 Table 3. School ages in several states, states school census 471 Table 4. Number of pupils enrolled in the common schools at different dates; relation of enrollment to school population 472 Table 5. School enrollment of 1902-3, classified by sex. Per- centage of the total population enrolled at different dates 473 Table 6. Per cent, of school population enrolled in public schools, for a period of years, 5 to 18 years of age . . 474 GUIDE FOR OHIO SCHOOL OFFICERS. 41b PAOB Table 7. Average daily attendance at various periods and its relation in 1902-3 to the enrollment 475 Table 8. (1) Average length of school term at various periods; (2) aggregate number of days' schooling given to all pupils; (3) the same compared with school popu- lation and enrollment (columns 8 and 9) 476 Table 9. Number and sex of teachers; percentage of male teachers 477 Table 10. Teachers' wages — Number of schoolhouses — Value of school property — Private school enrollment 478 Table 11. (1) Length of school term; (2) aggregate number of days' schooling given compared with school popu- lation 480 Table 14. Progress of school expenditure 481 Table 15. School expenditure of 1902-3 classified 482 Table 16. (1) Expenditure per pupil; (2) average daily expendi- ture per pupil; (3) percentage analysis of school ex- penditure 483 Table 17. Amount expended for common school each year since 1869-70 . . . ■ 484 Table 18. School expenditure per capita of population; (2) same per capita of average attendance 485 417 PUBLIC SCHOOLS — HISTORICAL, PUBLIC SCHOOLS— HISTORICAL. The words "public schools" is used synonymously with "common schools," and are meant to include schools created by law and maintained at public expense, and which are open to the children of all the inhabitants alike. They are supported by general taxation and under the control generally of the law-making body. The term "common" or "public schools" is likewise used to indicate the character of educa- tion had therein and it is generally meant to include schools that begin with the rudimentary elements of an education as contra distinguished from academies and universities devoted exclusively to teaching advanced pupils in the classics and in all the higher branches of study usually included in the curriculum of the colleges. A school that is carried on under a church organization could not be held to properly come within the ordinary meaning of "common schools." The idea that a person without reference to any special, practical end should be educated so as to better fit him for the ordinary duties of life seems to have occurred first to the Greeks, but it was not until after the Reformation that the thought be- came more prevalent, that every man's intellect should be trained so as enable him to be able to read, inquire, think and act for himself. During the period which is generally spoken of as the "dark ages" in Europe, the ignorance of the people generally was astounding and very few possessed the knowl- edge which enabled them to read and write. The ruling pow- ers seemed rather to incourage this ignorance than attempt to enlighten their subjects with even an elementary education. This may have resulted largely from the fact that warfare seemed to them to be the principal object of life, and further, perhaps the rulers may have had an idea that an ignorant subject was more easily controlled than an educated one. Within this period, however, two monarchs, whose names are familiar to all historical students, stand forth in bold relief. Charlemagne, while incapable of writing, himself, in- vited men of letters abroad to come and reside at his court and instruct himself and his family. He also established schools in various cities of his empire. Alfred the Great, of England, made similar efforts but his successors were not so much impressed with its importance, or were too much occu- pied with warfare to continue the educational work that he had begun. GUIDE FOR OHIO SCHOOL OFFICERS. 418 The discussions and general interest in literature brought forth by the Reformation seems to have had the effect of bringing to the minds of the people the importance of edu- cating the mind so that the individual might knovi^ how^ to better think and act for himself. We find that in 1616 the Scotch Parliament adopted meas- ures for establishing and supporting a public school in each parish at the expense of the land owners and proprietors. This legislation was repealed in the administration of Charles II., but was re-enacted by the Scotch Parliament in 1696. In reference to the effect of this educational movement in Scotland, Lord Macauley says: "By this memorable law it was, in the Scotch phrase, statuted and ordained that every parish in the realm should provide a commodious school house and should pay a moderate stipend to a schoolmaster. The effect could not be immediately felt, but, before one genera- tion had passed away, it began to be evident that the common people of Scotland were superior in intelligence to the common people of any other country in Europe. To whatever land the Scotchman might wander, to whatever calling he might be- take himself, in America or in India, in trade or in war, the advantages which he derived from his early training raised him above his competitors. If he was taken into a warehouse as a porter, he soon became foreman. If he enlisted in the army he soon became a sergeant. Scotland, meanwhile, in spite of the barrenness of her soil and the severity of her climate, made such progress in agriculture, in manufactures, in commerce, in letters, in science, in all that constitutes civil- ization, as the Old World has never seen equalled, and as even the New World has scarcely seen surpassed. "This wonderful change is to be attributed, not indeed solely, but principally to the national system of education." At the present time every great power of the civilized world has adopted some system of public schools. Some are not upon the high plane or basis that would suit an American, but all show an advance in the world's thought upon this question. In the United States the earliest schools were established in the towns and this, no doubt, occurred by reason of the town government being better able to furnish such school facilities and also from the fact that the country settlements were sparsely inhabited. The New England communities were the first to go on record in this matter, and the origin of these schools may properly be given, to Boston, Dorchester, Salem, Hartford and New Haven, and other of the older settlements. There is some evidence that prior to the time that the town ordered the es- tablishment of schools that the people had by voluntary agree- 419 PUBLIC SCHOOLS — HISTORICAL. ments and associations employed teachers to instruct their children. The vote or order of the colonial government generally fol- lowed that of the town organizations. In the Massachusetts colony it was seven years and in New Haven three. In 1642 and 1617 the colony of Massachusetts passed laws in reference to the education of children which it may be said has been the basis of all succeeding requirements con- cerning education. In 1642 it was enacted that certain per- sons in each town should take account of the employment of children and especially of their ability to read and understand the capital laws. The Act of 1647 required every town containing fifty house- holders to appoint a teacher to teach all such children as shall resort to it to write and read, and every town contain- ing one hundred householders to set up a grammar school whose teacher should be able to instruct the youth so far as they be fitted for the university. They did not leave this matter to voluntary enforcement, but provided a penalty for non-compliance. At first the penalty was five pounds. In 1671 it was doubled, and in 1683 it was again doubled and afterwards increased. The Connecticut colonists were not far behind Massachusetts, for within three years after the first log house was built, at New Haven, they had opened a public grammar school. Even previously there had been established a more elementary school. In 1672, four county grammar schools had been established and endowed with 600 acres of land. Before the middle of the first century of its settlement every colony in New England, with the exception of Plymouth, had made education compul- sory. The other colonies of the United States were much slower in establishing a general plan of education than the New England colonies. Virginia for three generations after its settlement suffered a neglected education. The rulers of that colony certainly did not encourage such matters, for in 1671 Sir William Berk- ley, the governor for thirty-six years, wrote in reply to a ques- tion of the English Commissioners, "I thank God there are no free schools nor printing, and I hope we shall not have, these hundred years; for learning has brought disobedience and heresy, and sects into the world; and printing has divulged them from libels against the best government; God keep us from both." But Governor Berkley could not impede the onward march of civilization, and within five years after the above was written by him a citizen bequeathed six hundred acres, together with ten cows and one breeding mare, for the maintenance of a free school forever. It seems that the colony of New Amsterdam, afterwards GUIDE FOR OHIO SCHOOL OFFICERS. 420 known as New York, was about as slow to take up this matter as Virginia. The first schools there seems to have been under the control of the church. In promoting education Pennsylvania was more in accord with New England than New York, and it has been said that before the pines had been cleared from the ground, William Penn and his comrades began to open up schools and setting up printing presses. The first school was opened in the first year of the colony, and in six years a free academy was es- tablished in Philadelphia. In various other settlements the matter of education was carried on in a different manner, but progressing generally along a line of betterment until the present time. The fifty years following the war of the revo- lution found the common schools much better supported by law and public opinion than previously. The South, resulting, no doubt, largely from the system of slavery therein in vogue, was considerably slower in progress in this matter than the North. In 1844, Governor Hammond, of South Carolina, in his mes- sage said, ''The free school system has failed. Its failure is owing to the fact that it does not suit our people, our govern- ment, our institutions. The paupers for whose children it is intended, need them at home to work." The condition of affairs in the South since the civil war has changed, and all the southern states now have a system of public school education. While at first only education of an elementary character was included within the free s'chool system, now those of a higher class are frequently included, and the tendency is to bring education of a manual character within the provisions of the public school system. Normal schools have likewise been established for the training of teachers in many states. Ohio includes within its bounds settlements that were made by emigrants from the New England colonies as well as from Virginia, and before it became a separate territory the im- portance of a general education was firmly fixed in the minds of those in control of governmental affairs. In 1785, the Congress of the confederation voted to reserve in the western territory lot number sixteen of every township for the maintenance of the public schools, and the ordinance of 1787, establishing a government of the territory of the United States, northwest of the Ohio River, in article three de- clares that ''Religion, morality, and knowledge being necessary to a good government and the happiness of mankind, schools and the means of education shall forever be encouraged." The Constitution of Ohio, 1802, in section twenty-five of the bill of rights provided "that no law shall be passed to pre- vent the board in the several counties and townships within 421 PUBLIC SCHOOLS — HISTORICAL. this state from an equal participation in the schools, acad- amies, colleges and universities within this state which are endowed in whole or in part and from the revenue arising from donations made by the United States for the support of schools and colleges ; all doors of the said schools, academies and universities shall be opened for the reception of scholars, students and teachers of every accord, without any distinction or preference whatever contrary to the intent for which said donations remain." In the Constitution of 1851, section seven of the bill of rights, it is declared, "Religion, morality and knowledge, how- ever, being essential to good government it shall be the duty of the General Assembly to pass suitable laws to protect their religious denominations in the peaceful enjoyment of its own public worship and to encourage schools and the means of instruction." And our Supreme Court has said, "That the system of public education in Ohio is the creature of the Constitution and statutory laws of the state." The Constitution provides that it shall be the duty of General Assembly to pass suitable laws to encourage schools and the means of instruction, and again it provides that the General Assembly shall make such provision by taxation or otherwise as with the income arising from the school trust fund, shall secure a thorough and even system of common schools through- out the state. (Article six, section two.) It is left to the discretion of the General Assembly in the exercise of the general legislative power conferred upon it to determine what laws are suitable to secure and organize the management of the contemplated S3^stem of common schools without express restriction except that no religious or other sect or sects shall ever have any exclusive right to, or control of any part of the school fund of the state. Under these powers and acquire- ments of the Constitution the General Assembly has atempted to organize by suitable laws a system of common schools for the purpose of affording the advantages of the free educa- tion to all the youths of this state. The present legislation and laws in reference to the school system of this state are embodied in the former part of this work. Many matters relating to the schools of this and other states detailing the kinds of schools, the amount of money ex- pended, and salary of teacher will be found in the following pages of this appendix. The general principles of common schools are well enunci- ated by a leading educator, Horace Mann, when he says, "Under our republican government, it seems clear that the minimum of education can never be less than such as is suffi- cient to qualify each citizen for the civil and social duties he will have to discharge ; such an education as teaches the great THE ANNOTATED SCHOOL CODE OF OHIO. 422 laws of bodily health, as qualifies for the fulfillment of pa- rental duties; as is indispensable for the civil functions of a witness or a juror; as is necessary for the voter in municipal and in national affairs; and, finally, as is required for the faithful and eonscientous discharge of all those duties which devolve upon the inheritor of a portion of the sovereignty of this great Republic." 423 OHIO STATISTICS. OHIO STATISTICS. SCHOOL DISTRICTS. 1904. 1905. City districis 71 70 Village and special districts 1,137 1,169 1 316 Township aistricts 1 331 Total number of districts | 2,539 Subdivisions in township districts 10,953 [Table I.] 2,555 10,281 SCHOOL HOUSES. 1 1904. 1905. Number Erected — Township districts 135 Separate districts 61 108 57 Totals 196 Cost of School Houses Erected — Township districts $201,323 , 165 $ 436,016 1,507,703 Separate districts 907,847 Totals $1,110,170 Number of School House', in the State — Township districts, Elementary .... 10,894 High , 125 $1,943,719 10,924 126 Total .• 11,019 Separate districts, Elementary 1,855 High 205 11,050 1,890 215 Total 2,060 Total Elementary 12,749 2,105 12,814 341 Total High 330 Grand Total 13,0791 13,155 GUIDE FOR OHIO SCHOOL OFFICERS. SCHOOL HOUSES— Continued. 424 1904. 1905. Number of School Rooms — Township districts, Elementary.... High 11,742 271 11,589 283 Total 12,013 11,870 Separate districts. Elementary High 10,196 1,937 10,431 2,012 Total Total Elementary 12,133 21,938 2,208 12,443 22,018 Total High 2,295 Grand Total Value of School Property — Township districts, Elementary. High Total Separate districts. Elementary. . High Total Value of Elementary Value of High Total value 24,146i $11,690,5011 496,575 $12,187,076] $32,606,686] 6,26y,042] $37,875,728] $44,297,187] 6,765,617] $51,062,804] 24,313 $10,662,856 555,215 $11,218,071 $34,639,881 6,949,928 $41,589,809 $45,302,737 7,505,143 $52,807,880 TEACHERS. 1904. 1 1905. Teachers Necessary to Supply Schools — ] ] Township districts. Elementary ] 11,674] 11,470 High 1 299] 303 Total . ] 11,973| 11,773 Separate districts, Elementary 10,254] 10,262 High 1,866 2,187 Total ] 12,120 12,449 1 1 Total Elementary ] 21,928] ' 21,733 Total High ] 2,165] 2,464 Grand total ] 24,093] 24,197 425 OHIO STATISTICS. TEACHERS— Continued. 1904. 1905. Different Teacliers Employed — ' Elementary, Men .... ™ 1.. Women. . . Township 1 districts. \ jjjgi^^ ^^^ Women . . . 6,320 5,494 7,140 6,859 224 252 55 41 1 Total for townships r Elementary Men Separate , Women... districts. \ High, Men .... Women . . . 13,739 13,146 1,283 1,292 9,483 9,846 1,267 1,328 780 857 Total for separate 12,813 13,323 24,226 23,991 Total Elementary Total High 2,326 2 478 NumDer of Men Employed 9,094 8,866 Number of Women Employed 17,458 17,603 Total Number Employed Teachers Employed the Whole School Year— ' Elementary, Men .... Township J Women... districts. jjjgj^^ ^^^ Women . . . 26,552 26,469 4,451 4,779 53 44 1 224| 240 5,040| 5,386 Total for townships z' Elementary, Men .... Separate J Women... districts. ^ jjjgj^^ ^^^ Women . . . Total for separate 9,768 10,449 1 1,169| 1,257 727| 813 1 1,216| 1,238 8,892| 9,078 1 12,004 1 12,386 19,552 20,500 2,220 2,335 1 7,060 7,514 14,712 15,311 Total Elementary Total High Number of Men Number of Women Total number 21,772| 22,825 1 1 $37 00| $38 00 34 00| 37 00 Average Monthly Wages Township Ele- mentary Schools- Men Women GUIDE FOR OHIO SCHOOL OFFICERS. TEACHERS— Continued. 426 1904. 1905. Township High Schools — Men $65 47 46 36 77 58 00 00 00 00 00 00 31 31 34 34 $68 50 50 39 79 59 00 Women 00 Separate District, Men Elementary Schools — 00 Women . . . , 00 Separate District Men High Schools — 00 Women . . . , 00 Average Number Township dis Separate dist of Weeks Taught — tricts, Elementary.... High ricts. Elementary High 31 31 33 34 SCHOOL YOUTH. 1904. 1905. Youth £ietween Six and Twenty-one — Township districts. Boys | 224,554 218,704 198,140 Girls 1 204,295 Total 428,849 Separate districts. Boys 424,982 416,844 437,865 Girls 1 397,066 400,071 Total 821,958 Number of Boys 641,186 837,936 656 569 Number of Girls 609 621 598 211 Total number of school youth.. 1,250,807 Different Pupils Enrolled— ( Elementary, Boys 175,809 Township j (^ivls.... 158,327 districts. \ ^^^^^ g^y^ 1 2,841 (^ Girls .... 3,010 1,254,780 169,986 155,205 2,291 3,152 Total in townships 339,987 331,334 ( Elementary, Boys 225,204 Separate 1 «^^^« ■••• ^18,635 districts. ^ jj.^j^^ g^y^ 22,936 Girls ....| 28,845 Total in separate | 495,210 226,103 212,206 24,695 30,610 493,614 427 OHIO STATISTICS. SCHOOL YOUTHS— Continued. 1904. 1905. Number in Elementary. Number in High Number of Boys. Number of Girls. Total enrollment Per Cent, of Total Enrollment on Enu- meration — Township districts Separate districts Re-Enrollment- Township districts Elementary, Boys Girls High, Boys Girls Total in townships. Separate districts. Elementary, Boys Girls I High, Boys Girls Total in separate. Number in Elementary. Number in High Number of Boys. Number of Girls. Total re-enrollment Daily. Attendance — C Elementary, Boys Township J ^^^^^ districts. \ jjjgj^ g^y^ Girls Total in townships. Separate districts ( Elementary, Boys Girls High, Total in separate . Boys Girls 777,975 57,632 426,790 408,817 835,607 8,934 8,341 53 10 17,438 7,429 6,818 364 433 15,044 31,522 860 16,780 15,602 32,482 114,616 108,594 2,071 2,440 227,721 176,646 171,061 18,774 24,293 390,774 763,500 60,748 423,075 403,073 824,948 77 78 8,405 7,827 43 61 16,336 7,815 6,720 310 325 15,170 30,767 739 16,573 14,933 31,506 113,105 108,125 2.325 2,769 226,324 175,806 172,014 23,594 26,169 397,383 GUIDE FOR OHIO SCHOOL OFFICERS. SCHOOL YOUTHS— Continued. 428 Number in Elementary .... Number in High Number of Boys Number of Girls Total daily attendance 1904. 570,917] 47,578| 312,107] 306,388] 618,4951 BRANCHES OF STUDY. 1905. 569,050 54,857 314,830 309,077 623,707 1904. 1905. 1904. 1905. Orthography Reading Writing Arithmetic Geography Grammar Language Lessons. U. S. History General History. . . Drawing Vocal Music Map Drawing . . . . Physical Geog'phy Physics Physiology Botany Algebra Geometry 723,207 749,770 723,948 724,851 438,592 239,649 414,839 238,699 16,413 361,867 430,779 177,232 85,157 10,173 273,083 11,229 39,014 15,101 719,423 739,101 768,026 72,499 432,574 233,468 414,364 259,002 20,979 370,811 434,660 169,880 23,762 9,955 337,885 10,907 40,701 16,455 Trigonometry . . . Surveying Literature Chemistry Geology German Astronomy Bookkeeping Phonography .... Natural History. . Psychology 'Logic Rhetoric Science of Govt. . . Political Economy Latin Greek French 691 16 35,391 3,076 1,466 58,200 1,284 7,123 971 3,997 1,103 231 18,983 16,165 1,728 30,101 572 1,830 661 110 42,109 3,466 1,848 50,648 1,638 8,199 1,304 4,013 1,504 314 18,355 16,058 2,275 32,469 870 1,352 HIGH SCHOOLS. 1904. 1905. Number of High Schools — Township districts 285 580 197 611 Total Number of Superintendents Giving One- Half or More of Their Time to Super- vision — Township districts 865 85 216 808 71 339 Total 301 410 429 OHIO STATISTICS. HIGH SCHOOLS— Continued. 1904. 1905. Withdrawals from Higli Schools — Township districts, Boys Girls 1 477| 515 353| 398 1 Total in townships Separate districts. Boys Girls 830 913 3,721 4,835 3,516 4,078 Total in separate Number of Boys Number of Girls 7,237 8,913 4,198 5,350 3,869| 4,476 Total withdrawals 8,067 9,826 Pupils Remaining in High Schools at End of Year- Township districts. Boys 2,165 3 593 Girls 2,561 3,941 Total in townships 4 726 7 534 Separate districts, Boys 17,624 1 17,780 23,466| 24,082 1 Girls Total in separate 1 41,090 41 862 Number of Boys 19,789 26,027 21,373 28,023 Number of Girls Total remaining 45,816 377 462 49,396 Number of Graduates — Township districts, Boys 405 Girls 563 Total in townships 839 2,476 3,833 968 Separate districts. Boys 2,605 4,159 Girls Total in separate 6,309 2,853 4,295 6,764 3,010 4,722 Number of Boys Number of Girls Total graduates 7,148 2,167 2,643 4,908 7,732 Whole Number of Graduates in History of Schools — Township districts. Boys.. Girls Total in townships 2.619 3/486 6,105 GUIDE FOR OHIO SCHOOL OFFICERS. HIGH SCHOOL— Continued 430 1904. 1905. Separate districts, Boys 31,287 31,766 Girls 58,684 59,165 Total in separate 90 560 90,931 1 Number of Boys 33,454 Number of Girls 61 327 34,385 62 651 Total graduates 94,781 97,036 Number of Township Graduates for Whom Tuition is Paid — Boys 2,037 Girls 2,142 2,218 2,538 Total 4,179 Number of volumes in school libraries. . 564,546 Number of Centralized Township Schools as Reported by County Auditors 58 [Table XIII, a, b, c.J 4,756 603,471 82 SCHOOL TAXES. 1904. Mills. 1905. Mills. State tax Average Local Tax — Township districts Separate districts 1.00 6.04 8.97 1.00 6.23 8.92 RECEIPTS. 1904. 1905. Balance on hand at beginning of year. . State tax $ 8,128,159 36] $ 8,879,419 39 1,858,228 21| 1,903,646 94 246,455 59| 261,696 94 14,707,113 69| 15,143,665 98 1,081,505 11| 1,499,255 88 1,027,004 89 1 1,481,985 52 1 School lands Local tax Sale of bonds Fines, licenses, tuition, etc Total receipts $18,920,306 49 $20,290,251 26 Grand total, including balances. . . . $27,048,465 85 $29,169,670 65 1 431 OHIO STATISTICS. EXPENDITURES. 1 1904. 1 1905. 1 Paid teachers $10,071,050 51| $10,653 940 90 Paid for superintendency Paid for sites and buildings 486,858 78| 524,682 94 1,179,178 79| 1840 115 17 Paid for int. and redemption of bonds . . Paid for contingent expenses 1,162,642 79 1,422,347 68 4,064,914 37 4,576,352 43 1 Total expenditures $17,564,645 73| $19,017,339 12 Balance on hand at end of year $ 9,483,820 12 $11,358,366 60 STATE EXAMINATIONS. 1904. 1 1905. Certificates Granted — | High school life 36 j 82 Common school life 68 37 Special 2| 5 1 1 Total granted 106 1 124 COUNTY EXAMINATIONS. 1 1904. 1 1 1905. Number of Applicants — Men 1 16,916| 23,743 1 1 16,008 23,446 Women Total 40,659| 7,360 11,041 1 39,454 6,358 10,617 Applications Rejected — Men Women Total 18,401| 9,351| 12,361| 1 16 975 Number of Certificates Men Granted — 9 243 Women . . . . , 11,996 1 1 Total 21,712| 10,574] 14,758| I 21 239 Number of Different Applicants — ' Men Women 10,364 14,788 1 Total 25,3321 25,152 GUIDE FOE OHIO SCHOOL OFFICERS. COTIN"TY EXAMINATIONS— Continued. 432 1904. 1905. Different Persons Who Received Cer- tificates — Men 7,962 10,733 8 240 Women 10,583 Total Cost of County Examinations — Paid examiners 18,695 $38,889 00 15,174 77 18,823 $42,168 59 17,333 53 Paid for all other purposes Total cost Fees paid into county treasury. $54,063 77 20,506 30 $59,502 12 19,598 10 Excess of expenditures over re- ceipts $33,557 47 $38,653 80 - SEPARATE DISTRICT EXAMINATIONS. 1904. 1905. Number of Applicants- Men - 332 3,980 558 Women 4,435 Total 4,312 20 344 4,993 45 995 Applicants Rejected — Men .• Women Total 364 291 3,479 1,040 520 Certificates Granted — Men Women 5,111 Examinations — Total Cost of Separate Dist. Paid examiners . . 3,770 $7,318 20 1,504 21 5,631 $7,581 24 1,702 89 Paid for all other purposes Total cost . . . $8,822 41 $9,284 13 433 OHIO STATISTICS. EXAMINATIONS FOR TOWNSHIP PUPILS' GRADUATION. 1905. Number Examined — Boys ' Girls Total Number Who Passed — Boys Girls Total Number Receiving Diplomas — Boys Girls Total , Cost of Examinations — Paid examiners . . .- Paid for all other purposes Total cost Number of townships in the state Number of townships sending applicants Number of township high schools, as re- ported by boards of examiners TEACHERS' INSTITUTES. 1904. 1905. 1 Number of county institutes held Number of days in session Number in Attendance — Men 88 88 461 437 6 777 6 135 Women 11,178 10,060 Total Receipts — From county treasury 17,955| 16,195 $22,341 13| $23,545 57 6,325 75| 6,744 24 2,780 96| 1,712 57 From members From all other sources Total Expenditures — Paid lecturers and instructors Paid for all other purposes $31,447 84 $32,002 38 $20,255 92 $21,043 02 7,608 33 7,308 47 Total Returned to county treasury $27,864 25 $28,351 49 3,180 00 3,770 03 GUIDE FOR OHIO SCHOOL OFFICERS. INSTITUTE FUND. 434 1904. 1905. . Receipts — Balance at beginning of sckool year $ 5,317 44 Examination fees and other sources 24,041 18 $ 7,024 01 22,888 58 Total $29,358 62 Expenditures — Paid for support of institute $22,345 98 Paid treasurers' fees 473 67 $29,912 59 $24,694 89 110 98 1 Total $22,819 65 Balance at end of year 6.538 97 $24,805 87 5,348 52 435 OHIO STATISTICS. COLLEGES AND UNIVERSITIES. Antioch College Ashland College ........ Buchtel College Capital University Case School of Applied Science Defiance College Dennison University. . . . Heidelberg University. . . Hiram College Kenyon College Lake Erie College. . . Marietta College.... Miami University.., Mt. Union College. . Muskingum College. Oberlin College Ohio State University. . . . Ohio University Ohio Wesleyan University Otterbein University St. Ignatius College University of Cincinnati. University of Wooster . . . . Urbana University Western Reserve Univer- sity Wilmington College Wittenberg College Yellow Springs Ashland Akron . . Columbus Cleveland 1852 1878 1870 1850 1881 1884 1831 1850 1867 1834 1856 1835 1809 1846 1837 1 New Concord. Defiance Granville Tiffin . . . Hiram . . Gambler Painesville Marietta . , Oxford . . . , Alliance . . S. P. Weston.. J. A. Miller A. B. Church.. L. H. Schuh... Charles S. Howe. P. W. McReynolds Henry W. Hunt C. E. Miller C. C. Rowllnson Wm. F. Pierce. Mary Evans . . Alfred T. Perry Guy P. Benton A. B. Riker. . . J. K. Montgomery 18331 Oberlin Henry C. King.. 18701Columbus | W. O. Thompson. 1804|Athens j Alston Ellis 1844 1 Delaware | Herbert Welch... 1847|Westerville .. I Louis Bookwalter 1886 1 Cleveland 1870 1 Cincinnati 1870|Wooster . . 1850 1 Urbana .. . i John I. Zahm . . . I Chas. W. Dabney . I Louis E. Holden. ! .John H. Williams 1826 1 Cleveland . 1870 1 Wilmington 1845 1 Springfield Chas. F. Thwing. Albert J. Brown . I Chas. G. Heckert. Total . 9 15 17 11 30 1,186 GUIDE FOR OHIO SCHOOL OFFICERS. 436 COLLEGES AND UNIVERSITIES. Names Whole No. of Graduates Since the Founding of Institution Number of Students from States Other than Ohio m O W Antioch College Ashland College BucMel College Capital University Case School of Applied Science 174 79 189 87 32 143 547 51 Defiance College Dennison University . Heidelberg University Hiram College Kenyon College 395 148 Lake Erie College . Marietta College . . . Miami University . Mt. Union College . . Muskingum College 841 45 13 Oberlin College Ohio^State University Ohio University Ohio Wesleyan University. Otterbein University 697 301 1,732 129 133 1,790 516 435 76 204 St. Ignatius College University of Cincinnati . . . . University of Wooster Urbana University Western Reserve University. 919 35 364 10 Wilmington College Wittenberg College Total . 699 7,568 122 3,283 385 16 2 21 2 21 2 3 11 5 70 18 35 1 223 36 39 38 40 36 40 36 36 38 39 35 38 40 38 38 36 38 38 35 38 40 36 36 36 36 38 37 $ 47 33 47 46 135 35 100 51 48 160 100 50 50 70 50 75 18 15 54 42 60 100 50 36 110 40 53 437 OHIO STATISTICS. HIGHER EDUCATIONAL INSTITUTIONS OTHER THAN COLLEGES. Names. Locations. ACADEMIES AND PREPARATORY SCHOOLS. Bartholomew-Clifton School. Cedarville College Central Mennonite College. Damascus Academy Doane Academy Educational Institute . . . . Franklin School German Wallace College. Grand River Institute... Hathaway-Brown School Hebrew Union College. . Lake Erie College Ohio Military Institute. Ohio University Otterbein Academy Mt. Union College Mt. Vernon College Savannah Academy Shauck's College University of Cincinnati. University School University School NORMAL SCHOOLS. Cleveland Normal School . . . . Dayton Normal School Fayette Normal University . . J. P. Kuhn's Normal School. Ohio Northern University . . . Mt. Union College National Normal University. Columbus Normal School . . . . N. E. Ohio Normal College.. Ohio State Normal College.. Ohio University Normal School | 1902 1876 1887 1900 1875 1831 1894 1880 1863 1831 1886 1875 1859 1890 1804 1847 1846 1893 1856 1891 1886 1890 1889 1872 1870 1865 1871 1858 1855 1883 1881 Cincinnati Cedarville Bluffton Damascus Granville Avondale Walnut Hills Berea Austinburg Cleveland Cincinnati Painesville College Hill Athens Westerville Alliance Mt. Vernon Savannah Dayton Cincinnati Cleveland , Columbus Cleveland Dayton , Fayette New Philadelphia Ada Alliance Lebanon Columbus Canfield Oxford Athens GUIDE FOR OHIO SCHOOL OFFICERS. 438 Names. Locations. SCHOOLS FOR GIRLS. Miss Butler's School Madam Fredin's School Glendale College Oxford College Miss Mittleberger's School. Miss Phelps' School Miss Sattler's School Shepardson College Western College for Women. Western Reserve Seminary.. THEOLOGICAL SEMINARIES. Heidelberg Theological Seminary. Lane Theological Seminary Union Biblical Seminary Wittenberg Theological Seminary. Xenia Theological Seminary PROFESSIONAL SCHOOLS. Eclectic Medical Institute Cleveland Col. Phys. and Surgeons. Ohio Medical University Pulte Medical College Starling Medical College University Cincinnati Western Reserve University Cincinnati College Dental Surgery. Ohio College Dental Surgery Dental Col. Ohio Med. Univ Cincinnati College Pharmacy Cleveland School of Pharmacy Cincinnati Law School Cleveland Law School, Baldwin Univ. Law School of O. S. U Law School of W. R. U. Total . 1892 1881 1854 1849 1876 1884 1894 1832 1855 1828 1850 1829 1871 1845 1794 1845 1863 1890 x»72 1847 1819 1843 1893 1845 1890 1850 1882 1833 1897 1891 1892 Walnut Hills Walnut Hills Glendale .... Oxford Cleveland . . . Columbus Cincinnati Granville Oxford West Farmington. Tiffin Cincinnati Dayton . . Springfield Xenia .... Cincinnati Cleveland Columbus Cincinnati Columbus Cincinnati Cleveland Cincinnati Cincinnati Columbus Cincinnati Cleveland Cincinnati Cleveland Columbus Cleveland 439 COMPARATIVE STATISTICS. COMPARATIVE STATISTICS. SCHOOL PROPERTY. Year. Total value. 1894 $390,173 84 1895 389,258 96 1896 401,759 75 1897 400,433 12 1898 414,282 89 1899 414,468 38 1900 440,171 79 1901 461,820 62 1902 482,579 61 1903 500,066 48 1904 510,628 04 Amount < ex- pended annually. $133,142 06 138,051 05 137,571 09 137,127 29 135,598 49 135,969 43 142,669 73 151,296 75 164,632 16 167,400 04 175,646 45 YOUTH OP SCHOOL AGE IN OHIO. Year. Enumeration. 1894 1,147,210 1895 1,159,258 1896 1,173,119 1897 1,173,237 1898 1,198,704 1899 1,209,735 1900 1,226,366 1901 i,2i9,919 1902 1,245,393 1903 1,243,791 1904 1,250,807 Enrollment. Attendance. 809,780 583,599 817,490 593,465 820,560 597,925 825,650 607,304 837,152 618,667 828,500 613,337 829,160 616,365 829,857 610,622 832,044 617,069 829,620 614,305 835,607 618,495 TEACHERS' WAGES. TOWNSHIP DISTRICTS. Elementary. Year. Men. Women. 1893 $37 $28 1894 37 29 1895 36 29 1896 35 29 1897 35 29 1898 34 30 1899 34 31 1900 34 31 1901 35 32 1902 35 33 1903 37 34 1904 37 34 High. Men Women. $61 $40 66 45 65 49 63 42 62 43 60 42 57 40 57 43 58 43 61 45 63 44 65 47 GUIDE FOR OHIO SCHOOL OFFICERS. 440 Year. 1893 $59 1894 • 59 1895 64 1896 67 1897 57 1898 43 1899 42 1900 43 1901 43 1902 45 1903 46 1904 46 TEACHERS' WAGES. SEPARATE DISTRICTS. Elementary. Men. Women. 46 47 47 47 34 35 34 35 35 36 36 Hi: gh. Men. Women. $79 $71 79 73 79 83 80 75 80 77 68 57 66 55 64 55 66 56 67 58 73 58 77 58 COUNTY EXAMINATIONS. Applicants. Year. Men. Women. 1893 19,045 20,658 1894 21,860 22,660 1895 22,929 23,139 1896 22,841 22,688 1897 22,454 21,410 1898 22,656 21,990 1899 22,032 21,873 1900 20,429 21,805 1901 19,119 21,786 1902 17,687 22,242 1903 15,722 21,862 1904 16,916 23,743 Certificates Granted. Men. Women. 10,841 10,568 11,407 10,691 11,496 10,618 11,407 10,741 11,575 10,061 11,769 10,498 11,794 10,697 10,821 10,721 10,344 10,857 9,630 11,442 8,908 11,286 9.351 12,361 DISTRICT EXAMINATIONS. Applicants. Year. Men. Women. 1893 279 3,007 1894 354 3,238 1895 402 3,698 1896 411 3,731 1897 406 4,180 1898 434 4,129 1899 391 3,959 1900 446 3,841 1901 427 3,907 1902 373 3,802 1903 404 3,713 1904 332 3,980 Certificates Granted. Men. Women. 282 2,669 320 2,792 361 2,831 328 3,199 354 3,457 389 3,648 356 3,497 419 3,345 368 3,261 360 3,723 374 3,365 291 3,479 441 COMPARATIVE STATISTICS. TEACHERS EMPLOYED. Township Districts. Year. Men. Women. 1893 8,855 8,126 1894 ■ 8,435 7,446 1895 8,462 7,155 1896 8,389 6,994 1897 8,342 6,817 1898 8,284 6,572 1899 o 8,206 6,511 1900 8,072 6,586 1901 7,821 6,688 1902 7,388 6,889 1903 7,005 7,134 1904 6,544 7,195 Separate Districts. Men. Women. 1,609 6,922 1,721 7,302 1,804 7,583 1,916 7,881 r,974 8,083 2,074 8,326 2,350 8,645 2,430 8,929 2,476 9,305 2,525 9,608 2,556 9,956 2,550 10,263 GUIDE FOR OHIO SCHOOL OFFICERS. 442 STATE BOARD OF SCHOOL EXAMINERS. The Ohio State School Board of Examiners issues the fol- lowing circular of information to persons desiring to be- come applicants for state certificates : I. Three classes of Life Certificates are issued, viz.: Common School, High School and Special Certificates in Penmanship, Drawing, Music, or Physical Culture. II. Applicants for Common School Certificates will be examined in Orthography, Reading, Writing, Arithmetic, Algebra, Geography, Eng- lish Grammar and Composition, History of the United States, includ- ing Civil Government, General History, English Literature, Physiology and Hygiene, including effects of Alcohol and Narcotics, Physics, The- ory and Practice of Teaching, Scientific Temperature, and such other branches, if any, as they may elect. III. Applicants for High School Certificates, in addition to the above named branches, will be examined in Geometry, Rhetoric, Civil Gov- ernment, Latin, Psychology, History of Education, Science of Educa- tion. Also three branches selected from the following: Chemistry, Botany, Zoology, Geology, Astronomy, Trigonometry and its Appli- cations, Logic, Greek, German and Political Economy. The Board advises applicants not to attempt to pass an examination for the Common and High School Certificate at the same examination. IV. Applicants for Special Certificates will be examined in Special Branches and in addition thereto in Physiology and Hygiene, includ- ing effects of Alcohol and Narcotics, Psychology, History of Education and Science of Education prescribed for applicants for High School Certificates. V. The standard for Certificates is as follows: Minimum grade for Common School Branches, 60; average grade, 80; minimum grade for High School branches, 80. VI. All applicants for Certificates must file with the Clerk of the Board, at least thirty days before the date of examination, an applica- tion blank filled out and two satisfactory testimonials that they have had at least fifty months' experience in teaching, and for Special Cer- tificates at least fifty months' experience in teaching the Special branches. These testimonials should be from educators well known to the Board. VII. The holder of a Common School Certificate may receive a High School Certificate by passing examination, at one meeting of the Board, in all the additional branches, as above stated, and furnishing satisfactory evidence of continued success in teaching. VIII. No branch will be added to a Common School Certificate after the date of its issue; but, when issued, such certificate shall name the additional branches, if any, upon which the applicant has passed a satisfactory examination. 443 STATE BOARD OF SCHOOL EXAMINERS. IX. As an essential condition of granting a Certificate of either grade, the Board will require evidence that the applicant has had marked success as a teacher, and has a good knowledge of the science and art of teaching. Eminent attainments in any particular line of study will receive due consideration in determining an applicant's qualifications. X. Each applicant for a Certificate shall pay the Board of Ex- aminers a fee of five dollars at the opening session of the examination, and the Treasurer of the Board shall pay to the State Treasurer all fees received. The following text-books will furnish a good preparation for ex- amination in the subjects named: PSYCHOLOGY. Required — James' Briefer Course in Psychology (Holt) ; Ladd's Psychology, Descriptive and Explanatory (Scribner's) ; John Dewey's Psychology (American Book Co.). Recommended — Bowne's Introduction to Psychological Theory (Harper's); Gordy's New Psychology (Hinds and Noble); Halleck's Psychology and Psychic Culture (American Book Co.). HISTORY OF EDUCATION. Required — Compayre's History of Pedagogy (Heath); Quick's Edu- cational Reformers (Appleton) ; Painter's History of Education (Ap- pleton). Recommended — Krusi's Life of Pestalozzi (American Book Co.); Aristotle and Froebel of "Great Educator Series" (Scribner's); Seeley's History of Education (American Book Co.). SCIENCE OP EDUCATION. Required — White's School Management (American Book Co.); Lange's Apperception (Heath); Rozenkranz's Philosophy of Education (Appleton); Hinsdale's Art of Study (American Book Co.). Recommended — DeGarmo's Essentials of Method (Heath); White's Art of Teaching (American Book Co.); Page's Theory and Practice (Ame/ican Book Co.). GUIDE FOR OHIO SCHOOL OFFICERS. 444 STATE EXAMINATION QUESTION. JUNE, 1905. LATIN. 1. Translate into good English: Si quid est in me ingenii, judices, quod, sentio, quam sit ex- iguum, aut si qua exercitatio dicendi, in qua me non infitior mediocriter esse versatum aut si hujusce rei ratio aliqua ob optimarum artium studiis ac disciplina profecta, a qua ego nullum confiteor aetatis meae tempus abhorruisse ; earum rerum omnium vel in primis hie A. Licinius fructum a me repetere prope suo jure debet. Nam quod longissime potest mens mea rsepicere spatium praeteriti temporis et pueritiae memoriam recordari ultimam, inde usque repetens hunc video mihi prin- cipem et ad suscipiendam rationem horum studiorum exstitisse. 2. Give construction of sit, dicendi, debet, and exstitisse. 3. What can you say of Caesar's style? Of Cicero's? Name some writings of each author. Give in good Latin: (a) He says that grain is being brought together in the fields; (b) Paul, when he was blind, remained at Damascus many days. 4. Translate into Latin: (a) I did not conceal from you the conversation. (b) He fortified the hill before it was perceived. (c) Give a short sketch of the life of Virgil. 5. Translate: Mecum erit iste labor. Nunc qua ratione, quod instat. Conferi possit, panels, adverte, doeebo. Venatum Aeneas unaque miserrima Dido. In nemus ire parant, ubi primos crastinus ortus. Extulerit Titan, radiisque retexerit orbem. Give syntax of ratione, paucis and venatum. 6. Translate the following: Brevi spatio interjecto, vix ut iis rebus, quas constituissent, collocandis atque administrandis tempus daretur, hostes ex omnibus partibus signo dato decurrere, lapides gaesaque in vallum conjicere. Nostri primo integris viribus fortiter repug- nare neque ullum frustra telum ex loso superiore mittere, ut quaeque pars castrorum nudata defensoribus premi videbature, eo occurrere et auxilium ferre, sed hoc superari, quod diuturnitate pugnae hostes defessi proelio excedebant, alii integris viribus succedebant; quarum rerum a nostris propter paucitatem fieri nihil poterat, ac non modo defesso ex pugna excedendi, sed ne saucio quidem ejus loci, ubi constiterat, relinquendi ac sui recipiendi facultas debatur. 7. Parse the italicized words. 8. What Latin have you read, and under what teachers was the work done? What pronunciation do you teach? Give three good reasons for the study of Latin. 445 STATE EXAMINATION QUESTIONS. GJIAMMAR AND COMPOSITION. 1. State some of the common defects in teaching language. 2. Name the different participles; state how they are formed and governed. 3. State the origin of the word its. Give the rule for the use of would and should. 4. Define mode. Distinguish the different modes in English, giving illusti'ations. 5. Give the grammatical function of each word: "I had rather go than stay." In what cases or conditions may as be regarded a relative? 6. Define case, government in grammar, substantive, verbal and idiom. 7. Parse words in italics: "And now depart! and when Thy heart is heavy, and thine eyes are dim. Lift up thy prayer beseechingly to Him Who from the tribes of men. Selected thee to feel His chastening rod." 8. How many divisions of grammar do you make? Why? Define each. Give examples of reciprocal pronouns. 9. Give briefly your plan for composition work. 10. Diagram : 6. Name the masterpieces of the following and state when and where they were first performed: Handel, Hayden, Wagner. Whether the author knows it or not, he writes in order to exhibit his ideas of nature and of life; and the characters which he fashions, like the events which he arranges, only serve to bring to light the dim creative conception which raises and combines them. MUSIC. 1. Write in the treble clef one octave of the under-mentioned scales (ascending) and their signatures: (a) G minor, with minor 6th and major 7th. (b) C sharp minor, with major 6th and major 7th. 2. Write in the treble clef the following key signatures, and state for what major keys they also stand: G minor, F sharp minor and D minor. 3. Write in the treble clef the following chromatic (ascending and descending) scales, G flat and F sharp. 4. State the meaning of the following terms, etc.: Vivace, Legato, Dolce, Calando, Dominant, Major Scale. 5. Give the names of the composers of the following operas: The Marriage of Figaro, The Barber of Seville, Tannhauser, Carmen, Fidelio. CHEMISTRY. 1. What are acids, bases and salts? How is the name of salt derived from that of an acid? What are the elements found in alcohol, and what is the per cent, of each therein? 2. What are substances necessary to prepare laughing gas, and what is the process of preparation? If you have a liter of gas at 0°, what will it become at 30°? 3. Define valence, molecule and atom. What is the law of multiple proportions? Illustrate by an example. Name the characteristic ^ properties of iodine, hydrogen, and potassium. GUIDE FOR OHIO SCHOOL OFFICERS. 446 4. Define chemism, nascent-state, isomerism, phosphorescence and quantivalence. Represent the reaction showing the manufacture of chlorine from manganese dioxide. 5. Define the terms affinity, element, halogen, radical, valence. What is a chemical equation? Distinguish between volatile and fixed oils. What is the chemical composition of dynamite? BOOKKEEPING. 1-5. Make entries in cash book and journal of the following transac- tions for double entry bookkeeping. (Cash items are to be entered in cash book only) : Jan. 2, 1905. Began a general provision business in Columbus with cash $2000 and merchandise $5780. Jan. 3. Bought for cash, furniture and books for office use $175. Jan. 5. Bought of J .W. Young on account 160 barrels of flour @ $3.85; 480 bushels potatoes @ 70c; 225 pounds lard @ 9c. Jan. 6. Sold William Watson on account 125 bushels potatoes @ 74c. Jan. 7. Paid J. W. Young $225 by check on Farmers' Bank. Cash sales $840.25. Jan. 8. Sold John Peters 10 barrels flour @ $4.20; 7o pounds lard @ lie. Jan. 9. Bought of George Hinde on account 525 pounds butter @ 20c.; 250 pounds lard @ 8c. Jan. 10. Sold J. G. Albers, Marion, 150 bushels potatoes @ 75c.; 45 barrels flour @ $4.25. Terms 2% off 5 days, net 30 days. Jan. 12. William Watson remits Henry Smith's note for $75, payable to Watson's order, at 30 days, in part payment of bill of Jan. 6. Jan. 15. Received New York draft from J. G. Albers in payment of his bill of Jan. 10, less discount. Jan. 16. Bought for cash 5 tons coal @ $7.25 for heating store. Cash sales $483.92. Jan. 17. Sent George Hinde draft at 10 days on Peter Law- rence in payment of his bill of Jan. 9. 5-6. Post to the double entry ledger all items given in questions 1-5. 7. Make from the ledger called for in questions 5-6 a trial balance and statement of the condition of the business, assuming that the inventories are merchandise $5250 and furniture and fixtures $160. 8. Write (a) check mentioned in the transactions of Jan. 7, (b) the note mentioned in the transaction of Jan. 12, properly endorsed. PHYSIOLOGY. 1. Name three classes of non-nitrogenous food substances. Name the organs of digestion and state what is the principal agent in the digestion of the fats and starches. 2. What are the effects of vigorous exercise taken immediately after eating? What do you understand by protoplasm, nucleus and centrosome? Describe a typical cell of the human body. 3. Name the organs or functions of the human body that are first and most seriously affected by the use of alcohol and narcotics. What are bacteria and how do they produce disease? 4. What is the importance of ventilation to the human body? State how the heat of the body is produced and regulated. Dis- tinguish between common and special sensations. What is in- stinct? 447 STATE EXAMINATION QUESTIONS. 5. Define diaphragm, sesophagus, diastole, pericardium and villi. De- fine astigmatism and cataract and state the causes and effects of each. Distinguish between a stimulant and a narcotic. PHYSICS. 1. Define thermo-dynamics, latent, sensible and specific heat. Define energJ^ foot-pound, dyne, erg, and horse-power. 2. What is Mariotte's Law? What is Pascal's Law ? What is Archi- medes' principle? Deduce the formula for measuring kinetic energy when weight and velocity are given. 3. What determines the ratio between the power and the resistance overcome in the hydraulic press? What is the underlying principle of the dynamo? Name and define four units of electri- cal measurement. 4. State the laws of the pendulum. Find the length of a pendulum that will vibrate quarter-seconds. Distinguish between the es- sentials of the incandescent and the arc electric light. 5. Find the weight of the air in a room 30 feet long, 20 feet wide and ten feet high. A mass of iron weighing 10 kgm. (specific heat 0.112) falls through a height of 100 m. Find the heat generated when it strikes the ground. SCIENCE OF EDUCATION. 1. Distinguish between social, moral, and religious culture. 2. Should the teacher ever merely entertain? When should he ex- plain? Lecture? Distinguish between knowledge and education. 3. What can you do to bring the school and the home into closer life-relation? Why should they be in close relation? Have you read Pierre Loti's "Story of A Child"? 4. Name three qualifications for good reading. Discuss each one. "Good reading is an art." Explain this very fully. 5. Professor Laurie and Roger Ascham object to paraphrasing. Quintillian recommends it. What are the arguments on either side? 6. At what age should the study of history be begun? What is the Herbartian idea on this point? Give reasons. When should story-telling begin in the life of a child? 7. "Youth is a marvelous stage of development." Explain. 8. Name five processes of knowledge and define each. TRIGONOMETRY. 1. Define the cosine, cotangent, and cosecant of an angle, and prove that these ratios remain unchanged so long as the angle is the same. Find the value of these three ratios for aja angle of 45°. 2. Prove the formulas: (1) RinA=|/l— cos^A 1 (2) cos A= v/l+tan^A If sec A=y'2, find tan A 3. Prove that sin (90°+A)=cos A, and cos (90° -f A)=— sin A. Hence show that cos (180° -|- A)^ — cos A. 4. Show that cos ^A tan -A+sin =A cot^A^l. 5. Prove that cos (A+B)=cos A cos B — sin A sin B. Hence show that: cos (A-f B+C) ^=:cot A cot B cot C — cot A — cot B — cot C. sin A sin B sin C GUIDE FOR OHIO SCHOOL OFFICERS. 448 6. Given that sin i/^A^%, find the value of tan A. 7. Prove that the sides of any plane triangle are proportional to the sines of the angles opposite to these sides. If 2s=the sum of the three sides (a, b, c) of a triangle, and if A he the angle opposite to the side a prove that 2 . sin A^— — l/s(s— a)(s— b)(s-c) be 8. Prove that in any plane triangle a — b tan 1/2 (A— B)= cot 1/0 C. a 4- b LOGIC. 1. Define genus, species, differentia. 2. What is meant by the quantity and quality of a proposition? By generalization? By ambiguous middle? 3. Explain the relation of logic to psychology. 4. Make a comparison between inductive and deductive reasoning. 5. Give the rules for correct definition. 6. Define and illustrate the terms of disjunctive reasoning, concept and judgment. 7. Explain and illustrate hypothetical reasoning. 8. Show how the middle, major and minor terms are related. POLITICAL ECONOMY. 1. State the difference between co-operative and profit-sharing in- dustries. 2. Give all the functions of a bank. State the advantages and the dangers of bank money. 3. State the principles of Henry George; of Adam Smith. 4. Who was the first secretary of the U. S. treasury? How does he rank as a financier? What is a trust? Give examples. 5. What is the origin of gold and silver money? What are some of the objections to the use of these two metals as money? To the use of paper money? 6. State one cause of high wages in America. Do wages tend to fall to the limit of subsistence? Why? 7. State and fully illustrate three of the relative conditions of pro- duction. 8. What are the leading arguments of communism and of socialism? Show fallacies. THEORY AND PRACTICE. 1. Define consciousness, memory, imagination, percept, concept, and sense-perception. What physical elements are involved in sense- perception? 2. What would be the condition of the man with only presentative and representative powers? Distinguish between corporal and psychical feelings and state what is included in each. 3. Define and distinguish between intellectual power and skill. Dis- tinguish clearly between science and art in teaching. How do you comply with the law in reference to scientific temperance instruction? 4. What do you understand by the term "Common Sense Didactics?" Define good discipline and state some of the ways by which it may be secured. What is the relation between interest and attention? 449 STATE EXAMINATION QUESTIONS. 5. State the most essential factors in the school and then the most essential elements within the factors stated. Define habits and state how thej' may be cultivated and controlled. BOTANY. 1. Define spike, glaucous, convolute, adventitious, stomate, endogen, exotic. 2. Give common name, family name and species of two herbs and three trees. 3. How does a plant get each of its chemical elements? How is a fern fertilized? 4. Draw and name the kinds of indeterminate inflorescence. Dis- tinguish ovule from ovary. 5. Describe the work of plants in making soil. 6. Draw and name the kinds of leaves. 7. Outline the kinds of fruits. 8. Is a sponge an animal or a plant? Give reason for answer. 9. Name a monocotyl, an exogen, a cryptogan, a biennial, a de- ciduous tree. . ZOOLOGY. 1. Define zoology. Distinguish between organic and inorganic sub- stances. What are vertebrates? Invertebrates? Define in- fusoria and radiates. What are parasitic animals? 2. Define the batrachians. What is the chameleon? What are mi- gratory birds? Name some of the birds that are without the power of flight. Are the following birds injurious or beneficial and in what ways: robins, finches, hawks and crows? 3. What are gavialS; crocodiles, alligators? Describe the shark, cat- fish and gold fish. Describe the bumble bee and the hive bee. What are the two kinds of ostriches? Define dentition and write the dental formula. 4. What are the mammals? What are rodents? What is mimicry? Distinguish between the porcupine and the hedgehog. What are the ungulata? State something concerning each of the fol- lowing: Ermine, tapir, llama, hyena, puma. 5. What is meant by quadrumana? Give some description of the aye-aye, marmoset, baboon, chimpanzee and gorilla. Define bimana. What are the characteristics that distinguish man from the quadrumana? Which of the latter most closely re- semble man? UNITED STATES HISTORY. 1. Name a good "Source Book" on United States history, or on some important phase of it. Why is such a work valuable? 2. Give an account of Thurlow Weed. Name the noted journalist who influenced American history. Name three great war corre- spondents. 3. Tell the story of C^sar Rodney; of Andrew S. Rowan; of "Mad Anthony;" of Webster Davis; of "X. Y. Z." Papers; of Roger Brooke Taney. 4. What important part of America's history is represented in its early years by Gilbert Stuart, John Singleton Copley, and Ben- jamin West. Write a short sketch of each. 5. Name America's greatest historians (not more than 8 names). Greatest writers; greatest generals; greatest ambassadors and ministers. 6. What was the Dred Scott decision, and what its consequences? GUIDE FOR OHIO SCHOOL OFFICERS. 450 7. Why are Russia and Japan at war? Be specific. What is your estimate of the value of current history? 8. How may a territory become a state? Discuss fully, giving ex- amples, including your own state. 9. Who discovered the Philippines? When? Give their latitude and longitude. Name the chief farm products of the Philip- pines, and describe the one that is peculiar to these islands. 10. Name our great naval officers. Give some of the important events in the life of Major-General Merritt, U. S. A. PSYCHOLOGY. 1. What is Psychology and what are the objects to be attained in its study? Illustrate the means to be employed in forming a logical concept. What are the classes into which we may divide the intuitions? 2. Name and define the three usual divisions of psychology. Outline the psychological epochs in education and cite the leading characteristics of each epoch. 3. Is conscience a faculty, and if so, to which of the other faculties is it most closely allied? Define imaginative activity and state the conditions upon which it depends. 4. What is judgment and what are its essential elements? Explain your understanding of categorical judgment. Upon what are many of the imperfections of memory based? 5. Distinguish between sense and acquired perceptions. What are some of the conditions that render mental labor pleasurable? What are some of the views regarding inherited intellect? ARITHMETIC. 1. i have a garden 21% rods long and IWi rods wide; it is sur- rounded by a fence 7% feet high; a walk is laid out within the fence which is 714 feet wide at the sides of the garden and 6% feet wide at the ends; how much is left for cultivation? 2. How many cannon balls, 6 inches in diameter, are contained in a cubical vessel whose side measures 2 feet, and how many gallons of water will it hold after it is filled with the balls? 3. Mr. Johnson has a garden 160 feet long and 105 feet wide; he wishes to raise the surface 5 inches by using the earth taken from a ditch 3 feet Mide dug around it within the fence, but finds that this earth loses 10% in bulk after being spread over the garden; what must be the depth of the ditch? 4. A steamer going from Philadelphia to Liverpool passes over 8i/^ degrees of longitude on an average in a day; how long is it from noon one day to noon the next day, and how long will it be on the return voyage? •5. Two steamboats leave Philadelphia and Trenton at the beginning of ebb-tide, going towards each other, their rate of travel being 10 miles an hour, and the tide running 1% miles an hour; how far from Philadelphia will the boats meet, the distance being about 30 miles? 6. In turning a cart within a circle it was observed that the outer wheel made two turns while the inner made one; the wheels were each three feet high, and the axle-tree 4*^ feet long; what was the circumference of the track described by the outer wheel? 7. A field is square and contains twenty acres. How many rounds will a reaper (6 ft. swath) make in order to cut one-half the field? 451 STATE EXAMINATION QUESTIONS. The area of a rectangular field is 3150 square rods and the pe- rimeter is 250 rods. Find the sides. 9. 10. ALGEBRA. Factor: (a) 816^—16 (b) x-—^y- + 6a; +9 (c) 256*— 6=c= 64c* Find the square root of (j=m — 2am&= + 6* + 2amC^n— 2b==c'n + C^ Simplify: (a) 2v/3.r4-5i/9.i"— p/37.r3 8a (b) 3 |^^+2 >/ 462 / 362 y/ 2762 a -\-x-\- -j/2a:c+a;2 ^^6, find a; a-\-x — ■\/2ax-\-x^ l/b+-i/b—i/b^^bx X y 2 \ find x and y. xy From two places, distant 720 miles, A and B set out to meet each other. A traveled 12 miles a day more than B, and the number of days before they met was equal to one-half the number of miles B went per day. How many miles did each travel per day? A farmer has a field of 18 rods long and 12 rods wide, which he wishes to enlarge, so that it may contain twice its former area, by making a uniform addition on all sides. "WTiat will be the sides of the field when it is enlarged? GENERAL HISTORY. Give an account of Michael Severtus. Name the greatest of the Medici. Name the Popes of that time. Brief sketch of Savonarola. Brief account of the Thirty Years' War. Name the Bourbon kings of France. Write a short sketch of the greatest of them. Discuss the contest between Hildebrand and Henry IV. Describe the Second Punic War. Describe a Greek play. Write a short account of Phidias. Name the Houses of England to the present time. Name, also, the greatest rulers of each House, or Dynasty. Give dates. Why is 1619 A. D. important? 732 A. D.? 490 B. C? 333 B. C? 1066 A. D.? 1863, July 1-3? What is the origin of the Russian people? Name, with dates, the great czars of Russia. Which is older, Japan or Russia? What form of government has each country? GUIDE FOR OHIO SCHOOL OFFICERS. 452 HISTORY OP EDUCATION. 1. Give leading facts about Chinese Primary and Higher Education. Is education in China under control of the government? What are some of the strongest criticisms of the education given a Chinese student. 2. Compare — as educational factors — Confucius and Zoroaster. 3. "The world is saved by the breath of school children." — The Talmud. Discuss this statement, and give an account of The Talmud, as an educational factor. 4. What are the great pedagogical principles found in the teaching of Christ? 5. Compare the schools of Athens and of Sparta, discussing the views of the greatest teachers of each city. 6. Give a full account of Abelard. 7. What is the so-called "Humanistic Movement"? Name its leaders in Italy and Germany. 8. How has Locke influenced education? 9. Give a clear account of the present school system of Germany. 10. The same of England. (Briefly.) 11. Name the greatest teachers produced by the monastic order of St. Benedict. 12. Classify the schools of the United States and name chief sources of support for the same. ENGLISH LITERATURE. 1. Explain fully the so-called Romantic Movement in Literature, naming its great leaders. 2. Dean Swift — a short sketch — giving his place in literature and his best writings. 3. What was Jonathan Edwards' great work? Gibbon's? Macau- lay's? Dickens'? Tennyson's? 4. Give an account of Ossian. Quote him. This writer was a favorite of what great military chieftain? Of what poet? 5. Why was "The Faerie Queen" so influential? Quote from it. Name its author. 6. Under what conditions or surroundings did Gibbon write his mas- terpiece? To what noted woman was he engaged to be married? Name the most famous chapter of his masterpiece. 7. Name America's most noted poet of nature. England's. Quote each one. 8. Describe the personal appearance of Ruskin. Name your favorite work of Ruskin. When and where did he live? Name his great work on art. Name a great Russian writer on art. 9. Name five leading present-day writers, and at least one work of each. 10. Name the great war correspondents. Give the author of "Ninety- Three," "The Light That Failed," "Romola," "The Choir In- visible," "A Woman's Reason," "The Crisis," "The Conqueror." Who founded "The Tattler," "The New York Tribune," "Poor Richard's Almanac," "The Saturday Evening Post"? 11. Give a short but concise history of the novel. 12. Define metre, and name kinds of feet. What is the heroic measure? Scan the following: And what is so rare as a day in June? Then, if ever, come perfect days; Then Heaven tries earth if it be in tune. And over it softly her warm ear lays. Whether we look, or whether we listen. We hear life murmur, or see it glisten. 453 STATE EXAMINATION QUESTIONS. READING. 1. What attention to punctuation should be given in teaching read- ing? 2. State the advantages resulting from the use of supplementary- reading. 3. Make a list of ten books suitable for supplementary reading, and name grade or school year for which each book is adapted. 4. What special difficulties have you met in teaching reading? How- have you overcome them? 5. To what extent should definition and spelling receive attention in a reading lesson? Why? 6. How may the school library be utilized as a help in teaching read- ing? 7. Indicate the correct pronunciation of the following words: de- bonair, diaphanous, prescience, docile, epaulet, sinecure, deto- nate, medicinal, refutable, aerated. GEOGRAPHY. 1. Write upon the following topic: Extent and character of the work to be covered preliminary to the use of a text-book. 2. Make a list of reference material that can be readily secured in teaching geography. 3. "The commercial and political importance of a given territory is sometimes more largely determined by the character of the people than by the geographical conditions." Show the truth of this statement and cite typical illustrations. 4. Contrast Holland and Switzerland, showing how physical condi- tions have determined industries and characteristics of the people of these countries. '5. Mention three events of current interest during the past year that should be considered in connection with geography, and show what application should be made of each. 6. In what respects does the climate of European Russia strongly resemble that of the Mississippi Valley? Why? 7. Name the two largest islands of the Philippines. What are the advantages to the United States of its control of the Philip- pines? The disadvantages? 8. Describe the present form of government of Japan. State facts indicative of the advancement which the Japanese have made during the past fifty years. CIVIL GOVERNMENT. 1. Must a representative be a resident of the district in which he is chosen? Must he be a voter? Answer for the U. S. and Ohio. 2. Name President Roosevelt's Cabinet. Members of the Supreme Court. Speaker of the House. President of the Senate. 3. Name. ten general powers of Congress. 4. How are organized territories governed? What unorganized territory has the U. S.? 5. Where does the government get its power? What is the object of government? 6. Give an outline of the system of the U. S. courts. 8. What two amendments to the state constitution are to be voted on next November? How amend the state constitution? How amend the federal constitution? GUIDE FOR OHIO SCHOOL OFFICERS. 454 ORTHOGRAPHY. 1. Define elementary sound, trigraph, antonym, phonogram, homo- phone. 2. State the rules of spelling applying to final e; monosyllables end- in a consonant; suffix to words ending in y; plurals of nouns ending in o. 3. Account for the presence of so many silent letters in English words. Give two rules of spelling applying to silent letters. 4. State the I'ule of pronunciation applying to the sounds of c. Mention two exceptions. 5. What use may be made of the method known as visualization in teaching spelling? 6. Spell twenty-five words from dictation. RHETORIC. 1. Define sublimity and give some of the qualities that may produce it 2. Define style. Name its essential properties. 3. What is meant by unity of time, place and action in dramatic composition? Which is the most important? Apply your an- swer, also, to a Greek play. 4. What is meant by the unity of a sentence? 5. Classify the various forms of poetry and state their distinguishing characteristics. 6. What are the objects of the study of Rhetoric? 7. Distinguish between wit and humor — giving noted examples of each. 8. Words should have what characteristics to be of good use? Ex- amples. 9. What relation exists between Rhetoric and Grammar? Rhetoric and English Literature? Quote from Thanatopsis and point out the rhetorical beauty of the part quoted. 10. Write a short account of some accident which enlists human sympathy to a high degree. SCIENTIFIC TEMPERANCE. 1. What is the chemical composition of alcohol? Name five al- coholic drinks and give the per cent, of alcohol in each. 2. Why does the habitual use of tobacco (a) weaken the voice, (b) affect the action of the pulse? 3. Mention some ~ of the hereditary effects of excessive indulgence in stimulants and narcotics. 4. State the effect on the kidneys of the habitual use of alcoholic drinks. Why does this effect on the kidneys disturb the health of the whole system? 5. What recent legislation has been enacted in one of our neighboring states relative to the sale and use of cigarettes? GEOMETRY. 1. The radius of a circle is six inches. Through a point of 10 inches from the center tangents are drawn. Find the lengths of the tangents, and also of the chord joining the points of con- tact. 2. Inscribe a square in a semi-circle. 3. What part of a parallelogram is the triangle cut off by a line drawn from one vertex to the middle point of, one of the op- posite sides? 455 STATE EXAMINATION QUESTIONS. 4. Demonstrate: The area of a circular ring is equal to that of a circle whose diameter is a chord of the outer circle and a tangent to the inner circle. 5. The perpendicular from any point of a circumference upon a chord is a mean proportional between the perpendiculars from the same point upon the tangent drawn at the extremeties of the chord. 6. Demonstrate: The area of a triangle is equal to half the product of its perimeter by the radius of the inscribed circle. 7. Draw a straight line equidistant from three given points. 8. The frustum of a right circular cone is 14 feet high, and has a volume of 924 cubic feet. Find the radii of its bases if their sum is 9 feet. MAY, 190.5. Uniform examination questions for county teachers' examination for Teacher's High School Certificate, prepared under the direction of the state school commissioner, and sent out from his office in accordance with section 4071a of the new school code. GEOMETRY. 1. What is a postulate? Mention two postulates that may be made with regard to straight lines. 2. Define (a) rhombus; (b) lune; (c) trapezium; (d) rhomboid. 3. State and prove the converse of the proposition given below — "A straight line parallel to one side of a triangle divides the other two sides proportionally." 4. What is a corollary? Give four corollaries to the proposition — "The sum of three angles of a triangle is equal to two right angles." 5. Prove— "Through three given points not in the same straight line one circumference and only one can be drawn." 6. Construct a mean proportional between two given straight lines. When is a straight line said to be divided into extreme and mean ratio? 7. Venice is due south of Leipsic 5° 55"; how many miles apart are they, the radius of the earth being 4000 miles? 8. Find the volume of a frustum of a cone revolution the radii of whose bases are ''I in. and 6 in., and whose altitude is 36 in. GENERAL HISTORY. 1. Name the most striking geographical features of Greece, and state how Greek history was infiuenced by the geography of Greece. 2. At what periods in the world's history were the following coun- tries in the height of their power — Austria, Egypt, Persia, Rome, and Spain? 3. What is meant by the Hegira? The Koran? Islam? 4. When and how was the Magna Charta obtained? 5. Discuss the Holy Alliance as to — (a) the sovereigns that entered into it; (b) its purpose; (c) its results. GUIDE FOR OHIO SCHOOL OFFICERS. 456 6. "What battle made Napoleon master of Europe? Give a brief account of his Egyptian campaign. 7. What was the Nullification Act of South Carolina? How did the U. S. government treat it? 8. What made Garibaldi famous? 9. Trace the rise of the English House of Commons from its origin to predominance of power. 10. Anaylze Russia's attitude toward the "Eastern question." ALGEBRA. 1. Define Algebra. Explain as you would to a class the meaning of signs. 2. Explain the rules for signs in substraction and multiplication. 3. What are similar quantities? Illustrate. What are dissimilar terms? Illustrate. What is an equation? Write one. 4. Define axiom, theorem, and problem. Write five theorems, and illustrate each. 5. Simplify: X 1 + 1 1 iC + l 1+ — X 6. If 9 be added to a number consisting of two digits, the two digits will change places, and the sum of the two numbers will be 33; what is the number? 7. A and B laid a wager of $20: If A loses, he will have as much as B will then have; if B loses he will have half as much as A will then have; find the amount each has. 8. Three-fourths of the square of twice a number is equal to five- fourths of the square of four-thirds of the number, increased by 28; find the number. 9. Solve: a;^ + a??/ = 10 , 10. Required the last term of a series whose first term is a, number of terms n, and the sum of the terms av?. RHETORIC. 1. Define Rhetoric. Make a clear distinction between Rhetoric and Grammar. 2. Define and state the most probable origin of language. 3. Define simile, metaphor, and allegory, and quote an example of the simile and the metaphor. 4. Define style, and state the difference between a simple and a la- bored style. 5. What is meant by purity of diction? What is a literary master- piece? Name five good examples of the latter. 6. State the difference between wit and humor. "Give an example of each to illustrate the distinction. 7. What is sublimity? What are the principal points necessary to sublimity in writing? 8. Write examples of antithesis, epigram, metonymy, hyperbole, and irony, and explain the figure in each. 9. Write four quotations in verse, each illustrating different feet, and scan each and name the measure used in each. 457 STATE EXAMINATION QUESTIONS. THEORY AND PRACTICE. 1. What special preparation liave you made for the work of teaching? 2. Name five elements of governing power in a teacher. 3. State the underlying principles that should govern the adminis- tration of punishment. 4. What change has been made by the new code in reference to township boards of education? 5. What is meant by correlation of studies? Illustrate. COMSiON SENSE DIDACTICS. 1. What is said of the influence of example in the formation of habits? 2. Name some of the objects of school -government. 3. What ends are to be kept in mind in temperance instruction? 4. How is patriotism best taught? 5. Name three factors in the recitation. What is the object of the recitation? MENTAL GROWTH AND CONTROL. 1. What is the most valuable lesson derived from the chapter on attention? 2. State the distinction between association and habit. 3. Discuss the comparative influence of heredity and environment. 4. What are instincts? Name some of the useful ones. 0. How does association assist memory? Attention? Note. — Take the first group of five and either the second or third group of five. LATIN. 1. Give the case endings for all the cases in all the declensions in Latin. 2. Give the principal parts of one . verb of each of the regular con- jugations in Latin. 3. Write briefly of the periphrastic conjugation of verbs. Illustrate your statements. 4. Write in Latin: "Cicero would have ordered Catiline to leave the city, had he not known that many Roman citizens enter- tained the same sentiments as Catiline." 5. Write in Latin: "We will send ahead the bravest soldiers to see in what direction the Rhemi have marched." 5-10 inclusive. « Translate and give the construction of the words in italics: "Causa quae sit, videtis; nunc, quid agendum sit, considerate. Primum mihi videtur de genere loelli, deinde de magnitudine, tum de imperatore deligendo esse dicendum. Genus est enim belli ejus modi, quod maxime vestros animos excitare atque in- flavimare ad perseguendi studium debeat; in quo agitur populi Romani gloria, quae vobis a majoribus, cum magna in omnibus rebus, tum summa in re militazi tradita est; agitur salus sociorum atque amicorum, pro qua multa majores vestri magna et gravia bella gesserunt; aguntur certissima populi Romani vectigalia et maxima, quibus amissis et pacis ornamenta et subsidia belli requiretis; aguntur bona multorum civium, quibus est a vobis et ipsorum et rei publicae causa consulendum." GUIDE FOR OHIO SCHOOL OFFICERS. 458 CHEMISTRY. 1. (a) What is an element? (b) About how many known elements are there? (c) Name two that have been recently discovered. 2. (a) Of what is air composed? (b) Is air a mixture or a compound? Explain. 3. Explain the action of yeast in breadmaking and the formation of "mother" in vinegar. 4. Distinguish between an acid and an alkali. 5. State what is meant by the vapor density of a gas; find the mole- cular weight of a gas whose vapor density is 44. 6. Write the symbols of the following elements: Copper, iron, so- dium, gold, silver, sulphur, lead, magnesium, manganese, mercu- ry. 7. What gases unite to produce the heat in the calcium light? What causes the intense light? 8. What is dynamite? What is one essential element in most explosives'' 9. Give the eommon names of H2O, HNO3, H2CO3 NaCel, N2O, Give the chemical names of iron pyrites, galena, cinnabar, gypsum, marble. 10. What do you understand by a chemical reaction? Answer by illustraticn. PHYSICS. 1. Define the universal properties of matter. 2. Distinguish between an atom and a molecule. 3. Explain why liquids are not as good conductors of heat as solids. 4. What is the "critical angle" — as of glass? 5. A bullet is shot upward with a velocity of 300m. per second; how far will it rise in the first second? How far from the starting point will it be after 40 seconds? 6. Define (a) dew point; (b) penumbra; (c) calorie. 7. What are overtones? Harmonics? 8. Give the law by which the operation of the wedge is controlled. How is the law modified in the case of the inclined plane? 9. A luminous point is three inches from a convex lens having a focal length of five inches. Find the position of the image. 10, Define resultant of forces and illustrate by diagram. CIVIL GOVERNMENT. 1. Describe briefly three classes of colonial government. Give an example of each. 2. Discuss briefiy the origin of political parties. 3. How are territories represented in Congress? What are Congressmen-at-large? * 4. Enumerate the powers of the President. 5. How is the District of Columbia governed? 6. Explain what is meant by each of the following — letters of marque and reprisal; referendum; internal revenue; nullification; bill of rights. 7. How are treaties made by our government? 8. How many offices are there in the President's cabinet? What is the latest department created? Who was its first incumbent? 9. Name three different kinds of courts in Ohio. Name the county officers in Ohio elected by the people. 10. Discuss briefly the Constitution as to its origin and time of adop- tion. How may it be amended? 459 STATE EX^VMINATION QUESTIONS. PHYSICAL GEOGRAPHY. 1. Explain how rain is produced. How do you account for deserts? 2. Explain the cause of land and sea breezes. 3. Name five books of interest in connection with this subject. 4. Define dew-point, glacier, tundras, drift and buttes. 5. Locate the great iron, gold, coal, lead, and diamond regions of the world. 6. Account for the formation of the Gulf Stream. Describe its course, and name the countries affected by its in- fluence. 7. How is the admosphere heated? Why is there less danger of frost on a cloudy night? 8. From what countries do you get quinine, india rubber, tea, opium, cloves and pepper? 9. Describe the trade winds as to their (a) origin; (b) direction; (c) advantages. 10. Explain how the inclination of the earth's axis affects the climate. PHYSIOLOGY. 1. Use either the foot or the arm to illustrate three kinds of levers found in the human body. 2. Why does the face usually become flushed when alcohol is taken into the stomach? 3. What are the bronchial tubes? The villi? 4. Why should a person abstain from the free use of ice water at meals? 5. Locate and describe the cornea. What is the function of the iris? 6. Name three classes of food substances from which lime is derived for the formation of bone. 7. What physiological peculiarity is referred to when it is said that a person has "a lymphatic temperament"? 8. What are the functions of the cerebrum? From what part of the brain do sensations emanate? 9. What is the function of the (1) chyle? (2) gastric juice? (3) lymph? 10. What are the organs of respiration? How does the diaphragm aid in respiration? LITERATURE. 1. Define literature. What was Lord Bacon's definition of literature? 2. Write briefiy of the writings of the early American colonists. 3. What is said of the writings of Cotton Mather and Jonathan Edwards? In what respect were these writers alike? The general criticism now made concerning the writings of both? 4. Give a brief account of the literary work of Benjamin Franklin. Which two of his works are now recognized as classic? Quote some of the familiar sayings of Benjamin Franklin. 5. Who was the first American novelist? Name some of his novels, and comment on their merit. 6. Make a list of Irving's best writings. What is meant by the 'Knickerbocker School" of which he has been styled the father? 7. What is said of Irving's literary style; his wit, his originality? 8. What are the chief characteristics of Anglo-Saxon poetry? Who are the principal writers of the Anglo-Saxon period? 9. Compare the literature of the Elizabethan period with that of the Commonwealth and Restoration as to character, style and liter- arv merit. GUIDE FOR OHIO SCHOOL OFFICERS. 460 10. Name the author of each, and describe any one of the following: Tales of a Traveler, Evangeline, Cotter's Saturday Night, Leath- er-Stocking Tales, Little Women, Snow Bound, Ben Hur, Fable for Critics, The Scarlet Letter, Huckleberry Finn. BOTANY. 1. What is the principal oflBce of roots? Explain the advantage of rotation of crops in agriculture. 2. Designate the periods of life as annual, biennial or perennial, of the following plants: hop, bean, corn, beet, potato. 3. Name three characteristics of the endogens that distinguish them from exygens. 4. Explain these terms: a monoecious plant; a staminate flower; a sterile flower. 5. Name all the parts of a flower. 6. Give the common names and qualities of three of our most important grasses. 7 "What is fertilization? What service do insects render in the fertilization of flowers? 8. What is meant by the term "Alternation of Generations?" Give the different phases in the case of ferns. 9. What is parasite? What is a saprophyte? Give examples of both. 10. What are the principal plant foods? From what sources are they derived? MAY, 1905. Uniform examination questions for county teachers' examination for Teacher's Special Certificate, prepared under the direction of the state school commissioner and sent out from his oflBce in acordance with section 4071a of the new school code. I FORENOON— MUSIC. 1. What is a sound, a tone, a key, the tonic or key-note? 2. What is a staff? What a clef? Upon what line is the treble clef placed? 3. What is the difference between a chromatic and a diatonic semi- tone? 4. What is a perfect fifth? Name or write fifths to all the notes, beginning with F and proceeding always a fifth higher. 5. Define legato, staccato, da capo, piano, and forte. 6. Write the notes which represent the different lengths of tone. Write the various rests used in music. 7. What is modulation? What is syncopation? 8. Write the major triads found in the scale of C. Write the minor triads found in the scale of C. 9. How does the major triad differ from the minor? What is the diminished triad? 10. When is a chord said to be inverted? Write the inversions of the chord of the dominant seventh. 461 STATE EXAMINATION QUESTIONS. MAY, 1905. GERMAN. 1 2Bte biele §rrltf el qxU e§ ? ©ecltnireii ©te ben Befttmmten unb b^n unbefttmmten Strtifel. 2. Translate a)?tt ©oetf^e ftai'B ber grofete Stirifer, bielleic^t ber grofeta aller 3etten unb aller 23oIfer, unb tote einer unferer eigenen £)irf)ter, SSagarb 3:;at)Ior fagt, einer ber boIIiOmmenften unb uniberfeEften 9QZenfd)en aHer 3etten. 3. S)edintren ©ie: „S)er ^omerab", „ha§> ^erg" in ber ©in= unb 'Met)x^d)l. 4. SSerfe^en @ie folgenbe ©d^e: ©r tear nod) ein S^noBe, qI§ id) il)n fannte. ©ie mad)ten un§ ben 33orfd)Iag, um3ufeE)= ren, qB trir jd^on naf)e bei ber ©tabt tvaven. ^d) Be= finbe mid) tvoljl, jeitbem ic^ auf ha^ Sanb gefommen bin. 5. 3Bann toirb ha§> ©igenfc^aft^lDort nidjt beclinirt? SSann fonn e§ beclinirt toerben? ©eben @ie ^Beifpiele. 2Bie fann eg beclinirt inerben? ©eben ©ie ^Seifpiele. 7. ©cE)reiben ©ie bie ^ilf§3eitn3i3rter ber 3eit. ©eben @ie bie ;§au|3tformen bon „fein" unb „tDerben". ©onjugiren ©ie „fein" in ber ©egentoart, ^nbicatib unb ©ubjunctib 8. ©ecliniren ©ie: „©(^rDQr3e§ %ud}" in ber @in= unb Wel^v^afjl. 9. ©e^en ©ie ha§ :paffenbe |)erfbnli(^e gui'^boi-'t ctn bie ©telle be§ ©tric^eS. gel)en in ben ©arten, bJoEen nid)t begleiten? S§ tl^ut leib, bofe nid)t begleiten fann, mufe Quf ha§: Sanb faf)ren. @e[tern fut)ren mit meinem £)nfel nad) Berlin. 10. Translate ®Q§ Seben gleid)t einem 33u(^e; Xoren bnrd)= BIdttern e§ fliid)tig; ber SSeife Iie[t e§ mit 93ebQd)t, benn er meife, ha'^ er e§ nur einmal lefen fann. @r fd)Idft ben le^ten ©d)Iaf. @r mar ber ^ul\e bebiirftig. Uniform examination que'otions for county teachers' examination for Teacher's Elementary School Certificate, prepared under the di- rection of the state school commissioner, and sent out from his office in accordance with section 4071a of the new school code. WRITING. Add a quotation of one stanza of poetry to the manuscript on orthography. Examiners will grade writing of the manuscript in or- thography. Notice to Examiners: — The order of submitting lists to applicants must be strictly followed. Lists to be taken in the forenoon must not be given to applicants in the afternoon. So many calls for the required high school branches have been received that it has been found necessary to send out the entire list this month. E. A. Jones, Comrmssioner. GUIDE FOR OHIO SCHOOL OFFICERS. 462 ORTHOGRAPHY. 50 credits. 1. What is orthography? 2. What is a primitive word? 3. What is a syllable? 4. What is meant by a penult or penultimate? 5. Mark the first vowel in the following: Ale, arm, all, end, ice, use, old, eve, what. 25 words (2 credits each.) 1 privilege 10 museum 18 beguile 2 opulent 11 homicide 19 cylinder 3 almanac 12 apparatus 20 tenement 4 pursue 13 heinous 21 cinder 5 apparent 14 rendezvous 22 genealogy 6 imperative 15 surety 23 mucilage 7 illegible 16 decipher 24 unparalleled 8 occurrence 17 Fahrenheit 25 hymeneal Q SllT'P ARITHMETIC. 1. When it is 10:45 p. m. at Portland Me., 70° 15' west longitude, what is the time at Rome, 12° 27' east longitude? 2. At $12 per M what will be the cost of 2 in. plank for a 3 ft. 6 in. sidewalk on the street side of a rectangular corner lot 56 ft. by 106 ft. 6 in.? 3. Find the cost of a carpet % yd. wide, at $1.50 per yd., for a room 20 ft. long and 18 ft. wide, strips running crosswise, allowing a waste of 1-5 yd. on each strip for the matching? 4. Find the sum of 5-6 mi., 2-3 fur., % rd., and 2-3 ft. 5. A and B being 150 miles apart travel toward each other. They start at the same time and meet at the end of 8 hours, when they discover that A has traveled 1^^ miles per hour more than B. How many miles has each traveled? 6. Give the principle upon which the reduction of fractions is based. Illustrate. 7. Which is the more profitable, to buy goods worth $500 at 90 days, 3% off for cash, or put the amount at interest at 7%, and let the bill run to maturity? 8. The wheels of a sulky are 41/2 feet apart. In driving around a circular track the inner wheel traverses 1 mile. How far does the outer wheel go? GRAMMAR. 1. Write (a) an exclamatory sentence containing an infinitive phrase, (b) a declarative sentence containing a noun clause, (c) an interrogative sentence containing an adverbial clause. 2. Define modifier, phrase, clause. 3. Write sentences illustrating the following use of the infinitive phrase : (a) as subject. (b) as attributive complement. (c) as object. (d) as independent element. 4. Distinguish between analysis and synthesis. 5. Write sentences illustrating a clause used (a) subject of a finite verb, (b) object of a transitive verb, (c) object of a preposition. 6. Give an example in a sentence of "what" used as (a) a i^elative pronoun, (b) an interrogative pronoun, (c) an adjective, (d) an interjection. 7. Define Conjugation. Define Declension. Decline them. Define Comparison. Compare good-natured. 463 STATE EXAMINATION QUESTIONS. 8. Write the plural of the following: Ottoman, alderman, court-mar- tial, mouthful, nebula, focus, hypothesis, trout? elf, aid-de-camp. 9. Analyze: May God forgive the child of dust Who seeks to know where Faith should trust. — Whittier. 10. "This castle hath a pleasant seat; the air nimbly and sweetly recommends itself unto our gentle senses." Classify each word in the above sentence and give reason. THEORY AND PRACTICE. 1. What special preparation have you made for the work of teaching? 2. Name five elements of governing power in a teacher. 3. State the underlying principles that should govern the adminis- tration of punishment. 4. What change has been made by the new code in reference to township boards of education? 5. What is meant by correlation of studies? Illustrate. COMMON SENSE mOACTICS. 1. What is said of the influence of example in the formation of habits? 2. Name some of the objects of school govei'nment. 3. What ends are to be kept in mind in temperance instruction? 4. How is patriotism best taught? 5. Name three factors in the recitation. What is the object of the recitation? ■ MENTAL GROWTH AND CONTROL. 1. What is the most valuable lesson derived from the chapter on attention? 2. State the distinction between association and habit. 3. Discuss the comparative influence of heredity and environment. 4. What are instincts? Name some of the useful ones. 5. How does the association assist memory? Attention? Note. — Take the first group of five and either the second or third group of five. PHYSIOLOGY. 1. Use either the foot or the arm to illustrate three kinds of levers found in the human body. 2. Why does the face usually become flushed when alcohol is taken into the stomach? 3. What are the bronchial tubes? The villi? 4. Why should a person abstain from the free use of ice water at meals? 5. Locate and describe the cornea. What is the function of the iris? 6. Name three classes of food substances from which lime is derived for the formation of bone. 7. What physiological peculiarity is referred to when it is said that a person has "a lymphatic temperament"? 8. What are the functions of the cerebrum? From what part of the brain do sensations emanate? 9. What is the function of the (1) chyle? (2) gastric juice. (3) lymph? 10. What are the organs of respiration? How does the diaphragm aid in respiration? GUIDE FOR OHIO SCHOOL OFFICERS. 464 HISTORY AND CIVIL GOVERNMENT. 1. What connection had the following persons with American his- tory; De Soto, Leonard Calvert, Roger Williams, Cartier, Henry Hudson? 2. What application had the terms "Whigs and Tories"? 3. Name five eminent European officers who served with distinction in the continental armies. 4. Define the terms citizenship, tonnage, letters of marque and re- prisal, unconstitutional and treason. 5. Enumerate the principal duties of the secretary of state, an American embassador, and American consul. 6. Mention three financial measures advocated by Hamilton for rais- ing a revenue and strengthening the credit of the nation. 7. What addition was made to the territory of the U. S. in 1803? In 1867? In 1898? 8. Give a brief account of any two of the following: The Barbary war; the invention of the cotton gin and its results; the Alien and Sedition laws. 9. What service was rendered the American Revolution by (a) Ben- jamin Franklin, (b) Robert Morris. 10. Give the principal facts relating to the Louisiana Purchase, stat- ing (a) time of purchase, (b) why its acquisition was desired, (c) from whom purchased, (d) the sum paid. LITERATURE. 1. Define literature. What was Lord Bacon's definition of literature? 2. Write briefiy of the writings of the early American colonists. * 3. What is said of the writings of Cotton Mather and Jonathan Edwards? In what respect were these writers alike? The general criticism now made concerning the writings of both? 4. Give a brief account of the literary work of Benjamin Franklin. Which two of his works are now recognized as classic? Quote some of the familiar sayings of Benjamin Franklin. 5. Who was the first American novelist? Name some of his novels, and comment on their merit. 6. Make a list of Irving's best writings. What is meant by the "Knickerbocker School" of which he has been styled the father? 7. What is said of Irving's literary style; his wit; his originality? 8. In what does each of the following characters appear: lago, Ichabod, Crane, Rowena, Giant Despair, Hester Prynne, Scrooge? Describe any two of the characters mentioned. 9. Classify the following and name the author of each: The Rape of the Lock, Kenilworth, In Memoriam, The Seasons, The Faerie Queene. 10. Define the following literary forms and name an example of each: sonnet, epic, tragedy, satire, lyric. GEOGRAPHY. 1. Give the latitude of (a) the Tropic of Cancer; (b) the Arctic Circle, (c) the northern boundary of Ohio. 2. To what part of the world would you go for coffee? Diamonds? Tea? Sponges? Silk? 3. Name the countries of Europe that border on the North Sea with their capitals. What countries of Africa border on the Mediterranean Sea? 4. Locate the five largest cities of Ohio by counties. 5. Name three large rivers draining (a) the northern slope of Asia; (b) the eastern slope; (c) the southern slope. 465 STATE EXAMINATION QUESTIONS. What and where are the following: Volga, Guam, Crimea, Tus- kegee, Formosa? Name the natural causes that have contributed to the growth of Cleveland, Minneapolis and San Francisco. In what country and on what water is each of the following cities: Vera Cruz, Vienna, Genoa, Montreal, Duluth? 9. Describe the shortest all-water route from New York to Calcutta. 10. Give approximately the area and population of Ohio. What states outrank it in population? READING. Examiners will conduct oral examinations in reading. GUIDE FOR OHIO SCHOOL OFFICERS. 466 PUPIL'S EXAMINATION. April 15, 1905. (Under the Act of March 28, 1902.) UNITED STATES HISTORY AND CIVIL GOVERNMENT. 1. Relate two events in the life of Columbus that show his perse- verance. 2. Where and for what purpose did Lord Baltimore found a colony in America? 3. What battle do you consider marked the turning point of the Revolution? Give reasons. 4. What were the important events of the Hayes Administi'ation? 5. Name six prominent generals of the Civil War, and tell on which side each fought. 6. What presidents has Ohio furnished? What battlefields? 7. Name five important events connected with the history of slavery in the United States. 8. Name three classes of persons who have no legal right to vote. 9. State three purposes, given in the preamble, for which the Con- stitution of the United States was framed. 10. What is the name of the highest court of the United States" How- are its judges chosen? ORTHOGRAPHY. 1. Distinguish between orthography and prosody. 2. Define the term liquid as applied in orthography. Mention all the letters in this class. 3. Write three suffixes that denote negation. Give the meaning of the prefixes pre, trans, and ex. 4. Mark correctly the pronunciation of the following words- (1) illustrate; (2) sacrifice; (3) Arkansas; (4) finance; (5) sac- rilege. 5. Spell the following words to be pronounced by the examiner: (1) culinary (2) secede; (3) sensible; (4) achieve; (5) catarrahi; (6) deplore; (7) assignee; (8) dropsy; (9) Milwaukee; (10) depths; (11) rogue; (12) pigeon; (13) ballad; (14) prom- issory; (15) gauge; (16) larynx; (17) Chesapeake; (18) re- verse; (19) Appalachian; (20) cargoes. WRITING. Note. — Applicant will copy the following in his best handwritinjr, giving care to punctuation and capitals. If I could put my words in song, And tell what's there enjoyed. All men would to my garden throng. And leave the cities void. In my plot no tulips blow — Snow-loving pines and oaks instead; 467 pupils' examination. And rank the savage maples grow From spring's faint flush to autumn's red. My garden is a forest ledge, Which elder forests bound; The banks slope down to the blue lake edge, Then plunge to depths profound. — Emerson. PHYSIOLOGY. 1. Distinguish between physiology and anatomy. 2. Name the bones of the arm and hand. 3. Give the composition of the blood. 4. Describe the pulmonary circulation. 5. For what purpose is lime required in the body? Fat? 6. What are the organs of respiration? How does the diaphragm aid in respiration? 7. Namo the digestive fluids. S. Of what is the saliva composed, and what office does it perform? 9. Classify the teeth. Upon what class devolves the chief duty of masticating the food? 10. Why are stimulants dangerous? Illustrate by alcohol. READING. (Examiners will conduct an oral examination in reading.) ARITHMETIC. 1. From one hundred substract the sum of .371 and sixty-five ten thousandths, multiply the remainder by three-tenths, and divide the product by 5 millionths. 2. Explain the relation between longitude and time. Distinguish between standard and local time. What is the difference in time between eastern standard time and Pacific standard time. 3. The proceeds of a ninety day note discounted at a bank at 6% 17 days after date, are $274.17; find the face of the note. 4. Define a composite number, power, reciprocal, meter, ratio. 5. A man bought goods at discounts of 20 and 30 from the list price, and sold at discounts of 10 and 4 from the list price. Find his per cent, of gain. 6. A square field contains twenty acres. Find the number of rods of fence required to enclose it. 7. What is the cost of flooring a room 18 ft. 6 in. long, and 12 ft. 3 in. wide, at $8.25 per 100 sq. ft? 8. Find the valu3 of 8X4 — 9X2+43, using the signs according to their true mathematical signification. 9. |/.000961=? 10. What is the common denomination to which dry measure and liquid measure can be reduced? A cask that will contain ten bushels of wheat will contain how many gallons of water? GRAMMAR. 1. Name the two offices of a noun that a clause may perform. 2. Give the syntax of the italicized infinitives in the following: (1) The paper, to be sure, was rather frayed at the edges; (2) I shall endeavor to render it in modern parlance; (3) Shall I be left to die alone? (4) Books were written to give pleasure and to be enjoyed. 3. Define case, and state how the case of a substantive is determined. 4. Write two sentences, one containing a clause in apposition with a noun, and one containing a noun in apposition with a clause. GUIDE FOR OHIO SCHOOL OFFICERS. 468 5. State three different ways of comparing adverbs and illustrate each. 6. Analyze the following selection: The Niobe of Nations! there she stands. Childless and crownless in her voiceless woe, An empty urn in her withered hands, Whose holy dust was. scattered long ago. 7. Name and classify the modifiers of Niobe. 8. Name the principal and subordinate clauses in the selection and state the grammatical construction of each. 9. Parse the italicized words. 10. Classify pronouns and use and example of each in sentences. GEOGRAPHY. 1. What river is on the boundary between (a) Pennsylvania and New Jersey; (b) Vermont and New Hampshire; (c) Europe and Asia; (d) United States and Mexico; (e) Paraguay and Argentine Republic? 2. What effect is a great extent of seacoast likely to have upon the climate of a country? What effect upon the occupation of the people? 3. Mention two states in the United States that lead in the mining of coal; two in the mining of copper; one in the mining of salt. 4. Name the five states that bound Ohio. 5. Locate two important commercial centers upon the Gulf of Mex- ico; two upon the Ohio river; one upon Lake Superior. 6. Define (a) oasis; (b) fjord; (c) delta. 7. What physical conditions have contributed to the growth of Buf- falo as a commercial center? 8. Under the protection of what world power is each of the following cities: (a) Gibraltar; (b) Manila; (c) Sitka; (d) Algiers; (e) Cayenne? 9. Describe the government of Canada. 10. What articles would you expect a ship loading at Cape Town to take in cargo? 469 UNITED STATES STATISTICS. UNITED STATES STATISTICS. The total population, population. TABLE I. the school population and the adult male Gtate or Territory a _, "3 CO ''^ ft S S o 2 «3 CLi PI m O O H e :5 The School Population Estimated number of children 5 to 18 years in 1903 Boys Girls Total «M o ® fco 03 13 0) ^^ t>. ftp. The adult male population (.2 years and over) 2iS ; Per cent, of Illiterates (unable to write) among adult mall s _i gS DO a? ao t^ .d t 42,352,038 101,360,325 460,884.482 120,833,317 66,195,030 50,969,057 41,356,412 57,350.080 67,725,996 8,495,8.50 29.643.178 29.512,652 234.354,523 43.367,397 3'41,064,000 13,473,948 2,293,720 1.552,000 8,007,342 4824.680 44.270.493 11.746.426 9,877,189 37,467,584 85.4 275.7 93.0 109.5 91.6 102.8 95.7 86.9 84.0 385.5 =74.9 104.0 45.2 60.8 235.5 39.7 46.9 245.5 40.3 49.1 238.3 51.8 42.5 46.9 42.5 48.7 15.1 88.9 284.1 86.2 97.3 79.6 74.4 86.1 71.1 79.2 270.1 89.3 278.7 354.5 3'443.9 95.0 36.4 44.9 83.1 294.8 281.3 79.8 285.9 105.1 1 105 2 2102 6 113.5 148 9 Rhode Island 140 1 140 8 139 3 127 2 123.2 South Atlantic Division : 3'4116.6 =114.9 135.8 73.0 79.4 250.3 66.5 73.0 270.9 South Central Division : 4110. 477. 66.5 110. 465. 4140. 455.6 66.7 267.4 71.1 97.0 73.7 Arkansas 58.1 405.6 North Central Division : Ohio 165. 98.5 146.7 140. 155. 483. 130. 90. 375. 375. lie! 489. 4200. 92. 4111. 0. 152. 142. 445. 80. 122.2 4108.6 124.6 128.8 112.2 99.5 104.2 96.2 94.2 291.2 106.3 288.3 Western Division : 475.0 3'473.3 102.7 60.4 77.6 Utah 108.9 4112.0 488.6 78.4 490. 2158. 106.9 California 123. 176. 129.7 1 Certain States report their school term in ^ In 1901-02. months ; these montlis have been re- 3 in 1899-1900. duced to days by multiplying by 20 in 4 Approximately, each case. = In 1900-01. 8 Returns imperfect. 477 UNITED STATES STATISTICS. TABLE IX. Number and sex of teachers — Percentage of male teachers. State or Terrilory Whole number of different teachers employed Percentage of male Teachers Male Female Total 1870-71 1902-3 United States North Atlantic Division . . . South Atlantic Division . . . South Central Division . . . . North Central Division... Western Division North Atlantic Division : Maine New Hampshire Vermont Massachusetts Rhode Island Connecticut Nevr York New Jersey Pennsylvania South Atlantic Division : Delaware Maryland District of Columbia . . . . Virginia West Virginia North Carolina South Carolina Georgia Florida South Central Division : Kentucky Tennessee Alabama Mississippi Louisiana Texas Arkansas Oklahoma Indian Territory^ North Central Division : Ohio Indiana Illinois Michigan Wisconsin Minnesota Iowa Missouri North Dakota South Dakota Nebraska Kansas Western Division : Montana Wyoming Colorado New Mexico Arizona Utah Nevada Idaho Washington Oregon California . . 2 I a 117.035 I 332,252 4 449,287 41.0 6 26.0 17,388 18.778 29.465 45,673 5,731 'SOI ^207 356 1.273 171 1400 4,909 1,028 8,243 3210 *1,071 173 2.377 3.S54 23,976 12,588 3.G30 2809 14.513 4,652 =3,103 3,02s 1,339 7,024 4,198 1,.342 1266 9.561 6.700 6 504 2,795 2,059 1.769 3.733 5.447 1.162 =1,007 1.490 3.386 216 3.89 744 391 115 556 28 365 1.069 883 1.275 95,005 I 32,685 I 39,076 I 144.087 I 21,399 I 112,393 51,463 68,541 189,760 27,130 26.2 63.8 67.5 43.2 4-.. 11 15,863 -2.169 2,651 13,026 1.865 14,043 34,916 7,266 1 23,206 3621 ^3.905 1,108 6,667 3,508 24,755 13.359 6.712 11,900 15.936 5,080 23.200 5.894 3,479 9,636 3,276 2,096 1489 17.090 9,281 20.596 13.879 11,492 10.850 25,554 11.476 3,682 24,045 7.819 28,323 1.052 3481 3.275 402 359 1,106 290 969 3,376 3.031 7.058 6,664 22,376 3.007 14,299 2.036 4,443 39.825 124.4 15.0 16.5 12.7 120.4 122.1 22.9 26,651 16,041 27.100 16.674 13,551 12,619 29.287 16.923 4,844 25.052 9.309 211,709 1.268 I 160.3 3570 I 128.6 43.2 60.5 43.5 26.3 128.8 33.7 39.0 65.3 124.7 124.7 51.9 47.2 4,019 48.8 793 191.7 474 1.662 55.0 318 32.4 1,334 164.3 4.445 146.5 3,914 I 151.7 8,333 I 40.0 15.5 36.5 43.0 24.1 21.1 8,294 1 32.5 31,449 42.8 3831 129.9 *5.036 45.0 1,371 8.2 9,044 64.5 7.362 79.0 28,731 173.2 5.947 62.4 10..S42 71.4 22.799 65.7 10.499 166.0 9,732 175.0- 26,303 66.8 8,922 160.8 4.818 .50.9 16,650 177.3 7,474 175.6 3,428 755 112.0 28. 7 11.8 8.9 8.3 19.0 12.3 I 12.4 26.2 325.3 *21.3 12.6 26.3 52.3 245.5 143.5 35.1 232.1 143.2 47.8 249.2 33.9 27.8 42.2 56.2 39.0 135.2 35.9 42.1 24.0 16.8 15.2 14.0 12.7 32.2 24.0 219.9 16.0 228.9 17.0 315.6 18.5 49.3 24.3 33.5 8.8 27.4 24.0 22.6 15.3 1 Approximately. 2 In 1901-02. 3 1899-1900. i In 1900-01. 5 Returns imperfect. GUIDE FOR OHIO SCHOOL OFEICERS. TABLE X. 478 Teachers' wages — Number of schoolhouses — Value of school prop- erty — Private school enrollment. Average month- ly salaries of Teachers X w rjy ^A H S3 P, * Privat e Schools S ?1 p a) I'd 2 State or Territory _© "d s fa U Q> 1 United Stats 1 2 2$49.98 ] a 2$40.50 \ 4 256,789 1 5 $643,903,228 1,204,700 7 17,214,061 8 7.00 North Atlantic Division. South Atlantic Division. South Central Division. North Central Division. Western Division 258.64 230.84 342.94 53,96 70.82 239.50 229.02 234.79 41.09 59.35 42,951 38,686 54,045 106,636 14,471 267,074,473 25,473,950 31,384,806 266,332,992 53,637,007 449,400 103,200 152,200 447.200 52,700 4,225,804 2,396,943 3,322,512 6,307,568 961,234 10.63 431 4.58 7.09 5.48 North Atlantic Division : 37.37 3"'43.58 47.16 145.27 119.06 102.44 ' '44. '82 6''36.60 'o'9'4.48 34.56 ' '2*6'. 72 1 »25.96 '339.68 350.90 41,00 631.00 33.54 36.25 56.00 "36.17 i'31.93 45.00 366.80 65.83 54.76 81.93 55.40 45,99 44.55 45.46 340.03 52.03 344.24 27.60 3'*29.11 29.68 54.61 51.90 45.26 ' "34.11 ^'334.08 'i'"6'4'.31 27.20 "2'4'.28 923.20 '333.67 339. 18 33.70 627.00 29.46 31.43 42.30 1532.75 "26.20 40.00 348.00 55.62 38.72 40.78 38.87 32.60 42.00 39.00 333.52 40.84 336.55 3,949 31,847 2.244 B4,2S9 544 1,061 11.. 863 1.953 14,661 6550 2,535 143 7,412 6.327 37,293 5,008 7,082 32,336 8,561 7.274 E'167,058 7.249 63.433 311,326 5.478 3.090 E'S576 13,115 9,375 12.880 8,201 7,361 7,771 13,968 10.551 3,180 34,380 6,748 39. 106 4-.-698.390 34,155,616 2,884,136 49,934,764 5,758,485 12,321,392 99,668,241 19.129,748 68,523,701 61,043.997 54,790.000 5,253,594 3,907,064 4,526.185 1,629.803] 81,000,000 2.256,403 1,066,904 36.117.962 4.052.801 32.200.000 2.190,000 122,680,000 39.288.557 3.126.646 31.618.850 20109,900 50,006.648 24,840,870 56,612,707 23,634,768 17,451,867 20,195,785 21.203.610 23,339,117 3,288,721 33,643.384 10.455.045 311.660.470 ' '31 V. 543 4,000 92.525 18,343 29,548 188,484 647,453 41,906 115,660 1215,500 131.894 1*26,198 ' 1327,285 32,000 17.480 32,352 ■726.722 7,500 14,497 8,339 214,968 34,288 224,500 3144.471 50,788 2329 808 2*20,073 49. .591 53,405 "131,888 '378,793 70,497 578,008 88.167 189,483 1,445,358 6370,028 1,235,575 "'47,464 391,100 12220,709 "361,556] ' 15442,932 3114,384 518.962 525.128 6388,722 411,147 223.234 '345,928 '29,583 863,908 22561.231 31.116 312 564,881 483.994 2-<372,165 599.793 757.598 1389,914 New Hampshire 314.65 5.67 Massachusetts Ehode Island 16.01 20.08 15.59 New York New Jersey Pennsylvania South Atlantic Division : Delaware Maryland (1900-01) . . District of Columbia.. 13.04 612.82 3.39 "io.'s's 1=3.96 West Virginia North Carolina | South Carolina 120.86 1*7.25 liie.'ie Florida South Central Division : 31.75 3.37 6.16 66.87 1.82 6.49 Texas '2.'41 Indian Territory .... North Central Division : 2116.79 3.97 220.80 Illinois 312.94 8.99 236.16 215.39 238.27 7.05 North Dakota South Dakota Nebraska Kansas I32.'l0 * The reports of private schools are more or less incomplete, and the number of pupils as .given may be taken to represent the minimum number of private pupils in the states for- nishing this item. In forming the totals the states not reporting are estimated. 1 Including buildings rented. 2 Average for those states reporting salaries. 3 In 1901-02. * High-school teachers' wages not included. B Number of schools. « In 1899-1900. T In 1889-90. 3 Approximately. 9 In 1897-98. 10 Total cost of sites and buildings. 11 In 1895-96. 12 Estimated. 13 In 1,893-94. 11 In 1,891-92. 15 In 1892-93. 16 In 1896-97. " In 1898-99. 13 Excluding the wages of teachers holding state certificates. 19 Returns imperfect. 20 "Public schools" property only. 21 Includes some college students. 23 In 1900-01. 23 statistics incomplete. 2* In 1894-95. 479 UNITED STATES STATISTICS. TABLE X.— Continued. State or Territory- Average month- ly salaries of Teachers 28 S m tD rt S ® rj O ,S O t> o a !s 0) • Private Schools 12 4^ -*^ ftfH a 03. o no cu5 Western Division : Montana Wyoming Colorado New Mexico . . Arizona Utah Nevada Idaho Washington . . . Oregon California .... 76.89 173.68 69.63 364.77 80.33 71.11 108.691 63.00' 57.54 51.30 97.21 52.04 143.36 53.04 364.77 67.53 48.31 63.64] 53.001 46.82 40.021 80.441 734 1524 1,891 ''694 464 667| 9851 2,3651 2,1591 3,753| 4,832,014 1453,607 7,868.118 716,515 758,129 3,383,018 3304,690 1,577,398 7,737,672 3,894,083 22,111,7631 1,839 2175 2,018 5,421 1,403 *2,814 S'6343 46,720 11,428 133,218 43,393 21,411 579, .345 37,295 3.94 21.53 1.51 12.49 6.55 =3.55 5,981 5,345 i"f24,350 155,7.341 3.84 97,735 5.47 3.302,680 3'sg_04 1 1899-1900. 2 1894-95, » 1901-02. * Number of schools. « In 1900-01. ^ Reported by school census enumerators as at- tending private schools. '' Includes only children 5 to 17 (as reported by school census enumerators) who have attend- ed private, but not public, school during the yaar. GUIDE FOR OHIO SCHOOL OFFICERS. TABLE XI. 480 (1) Length of school term. (2) The aggregate number of days' schooling given compared with the school population. Average length of school term, in davs Average ing given number of days school- f or every child 5 to 18 yearf ot age Year 2 HP o h IS .2 1 1 u pi > OS 1 1 to 1 II k OS 1 SI 1 1 SI o'B 1^ a fe.2 1870-71 132.1 152.0 97.4 91.6 133.9 119.2 48.7 70.2 18.1 21.8 59.6 45.9 1871-72 133.4 151.9 103.4 97.7 13G.1 121.8 49.5 68.9 20.3 25.8 59.8 46.0 1872-73 129.1 154.6 97.4 89.1 129.6 118.3 47.8 67.9 21.7 23.4 56.8 45.0 1873-74 128.8 154.8 95.6 81. 1 132.6 119.0 49.6 70.4 24.5 21.9 59.8 46.1 1874-75 130.4 158.7 95.2 81.0 134.6 132.5 51.0 72.9 26.1 23.5 60.2 5 1.6 1875-76 1.33.1 158.0 95.6 82.5 139.1 130.3 51.4 73.7 26.8 20.1 62.2 54.4 1876-77 132.1 157.2 91.4 80.3 139.8 130.1 51.1 73.6 26.3 19.8 62.3 54.3 1877-78 132.0 157.6 89.7 86.7 140.1 129.9 53.2 75.6 26.8 24.3 64.3 54.5 1878-79 130.2 160.1 88.6 81.9 136.4 132.0 52.0 75.0 25.7 25.9 62.3 56.7 1879-80 130.3 159.2 92.4 79.2 139.8 129.2 53.1 74.5 29.3 24.2 64.4 .54.9 1880-81 130.1 158.7 92.4 82.1 138.8 133.8 52.0 72.2 28.5 25.0 62.7 56.9 1881-82 131.2 160.6 95.9 82.5 137.1 136.2 52.9 73.3 30.6 25.6 63.2 58.0 1882-83 129.8 IGl.O 95.9 82.5 137.1 132.6 53.8 74.4 32.0 26.8 63.9 57.3 1883-84 129.1 156.0 95.6 85.9 138.6 133.8 55.5 72.5 32.7 30.0 67.7 61.6 1884-85 130.7 163.1 93.4 97.5 139.1 131. S 56.8 77.2 33.7 31.4 67.3 58.3 1885-86 130.4 161.6 93.4 86.9 140.4 130.8 57.3 76.7 33.7 32.0 68.7 59.6 1886-87 131.3 165.9 95.3 87.5 139.5 131.6 57.7 77.8 34.8 32.1 68.7 59.1 1887-88 132-3 164.4 95.7 87.6 144.0 1.30.7 58.7 76.8 35.5 33.6 71.3 57.3 1888-89 133.7 164.1 95.0 88.9 147.5 135.7 58.9 76.7 35.4 34.0 71.6 61.7 1889-90 1.34.7 166.6 99.9 88.2 148.0 135.0 59.2 76.8 37.3 33.9 71.9 61.2 1890-91 135-7 168.1 103.8 92.0 145.8 136.9 60.7 |78,1 38.1 35.8 73.2 65.0 1891-92 136.9 169.1 105.3 94.1 146.8 1.39.1 61.5 78.3 3S.2 37.7 73.6 71.1 1892-93 136.3 169.6 103.4 93.0 146.6 138.8 62.3 78.7 39.2 37.5 75.1 70.8 1893-94 139.5 172.3 108.3 97.5 150.2 137.1 65.9 82.2 42.4 41.3 79.1 72.4 1894-95 139.5 172.8 106.5 92.8 150.8 142.4 66.9 84.8 42.0 39.0 81.0 77.6 1895-96 140.5 175.5 107.8 92.2 151.9 142.0 68.1 86.8 42.1 39.8 82.3 78.7 1896-97 142.0 173.3 110.9 96.3 152.8 148.6 69.7 88.9 43.0 42,3 83.1 82.5 1897-98 143.0 174.3 113.8 97.4 152.8 151.7 71.2 90.4 46.9 42.5 84.8 82.1 1898-99.... 143.0 174.0 112.3 98.4 154.5 141.6 70.0 90.0 43.6 43.3 83.3 76.3 1899-1900.. 144.3 177.5 112.1 99.8 ]55.9 141.5 71.8 91.0 45.4 44.8 85.7 76.7 1900-01 143.7 177.1 113.2 98.2 155.6 140.3 70.3 90.4 47.7 42.1 83.0 77.0 1901-02 144.7 177.4 115.0 101.2 155.1 144.3 71.9 91.7 48.5 43.8 84.7 82.4 ]902-0?,a. . . 147.2 178.5 118.0 105.6 156.9 146.3 71.8 92.3 49.0 43.9 83.6 85.3 a Subject to correction. 481 UNITED STATES STATISTICS. TABLE XIV 'rogress of school expenditure. State or Territory Average amount expended for Schools Expended per capita of total population 1870-71 1902-03 1870-71 1902-03 United States North Atlantic Division . South Atlantic • Division . South Central Division . North Central Division. Western Division North Atlantic Division : Maine New Hampshire Vermont Massachusetts Rhode Island Connecticut New York New Jersey Pennsylvania South Atlantic Division : Delaware Maryland District of Columbia . . Virginia West Virginia North Carolina South Carolina Georgia Florida South Central Division : Kentucky Tennessee Alabama Mississippi Louisiana Texas Arkansas Oklahoma Indian Territory North Central Division : Ohio Indiana Illinois Michigan Wisconsin Minnesota Iowa Missouri North Dakota South Dakota Nebraska Kansas Wesetrn Division : Montana Wyoming Colorado New Mexico Arizona Utah Nevada Idaho Washington Orf>gon California * In 1901-02. * Approximately 3,107,612 6 $251,457,625 29,796.835 3,781,581 4,854,83-i 28,430,033 2,244,329 950,662 418,545 499.961 5,579,363 461,160 1,496,981 9,607,904 2,302,341 8,479,918 153,509 1,214,729 373,535 587,472 577,719 177.498 275,688 292.000 129,431 =1,075,000 -758,000 =370,000 950,000 531,834 =650,000 =520,000 6,831,035 =2.,S97.537 6,656,542 2,840,740 1,932,539 960.558 3.269.190 1,749,049 =23,000 =23,000 365,520 904.323 =35.600 =7,000 67,395 =4.900 =117,000 =85.000 19.003 =35.000 =160.000 1,713.431 98,362,976 14,686,717 18,193,734 99,115,625 21,098,573 1,952,083 n, 167,464 1,093,238 15,170,070 1,856,376 3,526,615 41,418,095 7,824,147 24,354,888 3453,670 *2, 549.497 1,540.279 2,137,365 2,403,555 1,523,041 7 $1.75 2.38 .63 .73 2.14 2.15 1.51 1.51 1.51 3.73 2.05 2.74 2.17 2.48 2.36 1.21 1.53 2.77 .47 1.26 16 3 In 1899-1900. ^ In 1900-01. '' Returns imperfect. 11 $3.15 4.44 1.34 1.22 3.61 4.80 2.78 12.77 3.15 5.10 4.08 3.69 5.41 3.S8 3.69 32.39 *2.07 5.25 1.11 2.35 1,046,144 .38 .75 2,240.247 .24 .96 1792,919 .66 11.40 =2,662,863 2.80 =1.19 2,159,444 2.59 1.03 11,057,906 2.36 1.55 1,868,544 1.11 1.15 1,551,232 .71 1.06 5,682.123 2.74 1.73 1,550,697 =1.02 1.14 1,179.409 2.38 481,516 1.06 15.691,039 2.52 3.65 19.216,082 =1.70 13.53 20,266.618 2.57 3.96 8,777.252 2.33 3.50 7.009,159 1.70 3.25 6,774,336 2.06 3.65 9,834.319 2.70 4.21 8,363.128 .99 2.59 2.140.565 =1.29 5.99 11.847.813 =1.29 14.16 4,390.751 2.61 4.00 14.804.563 2.24 3.27 1.236.253 =1.62 4.46 S253.551 2.71 32.50 13,100.855 1.44 15.40 300.531 2.05 1.46 307,972 2.98 1.496,056 21.28 5.06 1209.484 =1.93 15.13 826.598 1.17 4.50 3.580.742 =1.30 6.16 1.526,366 =1.65 3.49 8.170.165 2.93 5.22 GUIDE FOR OHIO SCHOOL OFFICERS. 482 TABLE XV. The school expenditure of 1902-3 classified. State or Territory ■^ f^ fe; A to— » Oj,^ fl Sh p. 03 fi-r tH4^ en 0^ 03 S fl-^ 'S^ o g 3 M M H ^2 -- .' « 9 p;=M 1 United States North Atlantic Division South Atlantic Division South Central Division North Central Division Western Division North Atlantic Division : Maine New Hampshire (1901-02). Vermont Massachusetts Rhode Island Connecticut New York New Jersey Pennsylvania South Atlantic Division : Delaware (1899-1900) Maryland ( 1900-01 ) District of Columbia Virginia West Virginia North Carolina South Carolina Georgia Florida (1901-02) , South Central Division : Kentucky^ Tennessee Alabama (1901-02) Mississippi Louisiana Texas Arkansas Oklahoma Indian Territory^ North Central Division : Ohio Indiana (1901-02) Illinois Michigan Wisconsin Minnesota Iowa Missouri North Dakota South Dakota (1901-02) . . . Nebraska Kansas (1901-02) |.. Western Division : Montana Wyoming (1899-1900) Colorado (1901-02) New Mexico Arizona Utah Nevada (1901-02) Idaho Washington Oregon California I $46.289.074 | $157,110,108 $48,058,443 f;251, 457,025 22,616,944 1,064,912 1,687,501 16,.S69,682 3,950,035 399,051 143,644 191,547 2,813,531 416,280 563,823 11,264,956 1,625,242 5,198,870 79,306 127,546 329,355 206,313 377,007 140,496 70,458 234,969 99,462 295.655 214.000 3 54.007 99,625 634,266 137,022 *252,926 1,679,322 986,652 4,351,247 1,480,642 1,333.512 1,748,160 1,225,905 1,713,369 352,399 218,937 758,075 521,462 367,131 27,597 400,626 42,192 64,248 344,795 13,665 7 1,419,814 227,071 1,042,896 56,355,620 10,926,372 14,759,630 62,014,S0C, I 13,053,680 I 19,390,412 2,095,433 1,746,603 20,731,137 4,094,858 1,290,079 740,289 704,703 9,197,905 1,109,775 2,214,362 23,971,167 4,574,849 12,552,491 279.556 2,044,144 954,888 1,676,777 1.472,056 1,015,459 917,987 1,963,397 602,108 2,219,178 1,772,177 948,984 1,573,416 1.255,352 4,742,561 1,-327,104 704,126 216,732 10,047,059 5,739,150 12.309,585 5,308,373 4,340,804 4,379,137 6,242,926 5,273,500 1,011,560 1,129,439 2,922,178 3,311,005 651,738 180,386 1,883,163 214,251 234.682 736,955 168,531 454,131 1,815,233 1.049.180 5.665,430 262,953 1283,531 196,988 3,158,634 330,321 748,4.30 6,181,972 1.624,056 6,603,527 94,808 377,807 256,036 254,275 554,492 367,086 57,699 41,881 91,349 148,030 173,267 108,922 241,121 196,255 305,296 86,571 *222,357 264,784 3.964,658 2,490,280 3,605,786 1,988,237 1.334,843 647,039 2,365,488 1,376,169 776,606 499,437 710,498 972,096 217,384 45,568 817,066 44,088 99,042 414, .306 27.288 S372.467 345,695 250.115 1.461,8.39 98,362,976 14,686,717 18,193,734 99,115,625 21,098,573 1,952,083 1,167,464 1,093,238 15,170,070 1,856.376 3.526,015 41,418,095 7.824,147 24,354,888 453,670 2,549,497 1,540,279 2,137,365 2,403,555 1,523,041 1,046,144 2,240,247 792,919 2,662,863 2.159,444 1,057,906 1,868.544 1,551,232 5,682,123 1,550,697 1,179,409 481,516 15,691,039 9,216,082 20,266,618 8,777,252 7,009,159 6,774,336 9,834,319 8,363,128 2,140,565 1,847,813 4,390,751 4,804,563 1,236,253 253,551 3,100,855 300,531 397,972 1,496,051 209,484 826,598 3,580,742 1,526,366 8,170,165 1 Includes debt paid. 2 Approximately. s Included, so far as reported, in expendi- ture "for all other purposes." « In 1901-02. 5 Returns imperfect. <"' Not reported .separately. ' Included in volume 4. s Includes expenditures for sites, build- ings, etc. 483 UNITED STATES STATISTICS. TABLE XVI. (1) Expenditure per pupil (based on average attendance); (2) av- erage daily expenditure per pupil; (3) percentage analysis of school expenditure. State or Territory Expenditure per capita of average attendance 0) « u CD o a o '^ S N O ft Average daily es penditure per pupil Per cent, of total expendi- ture devoted to — QO.; O ft •aj ft United States North Atlantic Division South Atlantic Division South Central Division North Central Division Western Division North Atlantic Division : Maine New Hampshire (1901-02). Vermont Massachusetts Rhode Island Connecticut New York New Jersey Pennsylvania South Atlantic Division : Delaware (1S99-1900) Maryland 1900-01 ) District of Columbia Virginia West Virginia North Carolina South Carolina Georgia Florida (1901-02) South Central Division : Kentucky^ Tennessee Alabama (1901-02) Mississippi Louisiana Texas Arkansas Oklahoma Indian Territory ^ North Central Division : Ohio Indaina (1901-02) Illinois Michigan Wisconsin Minnesota Iowa Missouri North Dakota South Dakota (1901-02)... Nebraska Kansas (1901-02) Western Division : Montana Wyoming 1899-1900) Colorado (1901-02) New Mexico Arizona Utah Nevada (1901-02) Idaho Washington Oregon California $4.19 3 $14.21 20.16 7.57 7.24 15.00 20.32 4.10 2.92 3.93 7.24 8.20 4.73 12.14 7.00 5.SS 23.13 .94 8.66 .92 2.42 3.52 ..34 .76 1.31 .95 .23 .64 1.43 .64 S2.98 2.73 2.37 5.76 3.69 4.73 6.70 3.42 3. 68 6.22 3.01 4.29 1.91 11.66 =2.86 4.55 1.62 5.30 6.05 =2.58 7 14.04 3.54 4.901 13.24 15.02 14.47 23.67 21.86 18.57 25.82 19.96 14.20 211.05 15.08 25.10 7.46 9.47 33.78 4.38 6.33 7.90 7.16 5.17 3.96 6.75 8.06 10.66 6.22 8.29 =14.61 16.36 13.76 16.30 13.23 15.39 16.79 17.42 11.34 17.86 15.50 16.54 12.12 20.71 =18.69 21.40 8.22 19.35 12.92 =31.80 13.21 17.96 16.34 26.61 4 I 5 $4.35| $22.75 Cts. 6 6.94 1.45 .85 5.02 6.38 2.70 15.75 4.05 8.13 6.51 6.28 6.66 7.08 7.47 =3.75 2.79 6.73 1.13 3.57 31.36 .28 .13 1.20 .48 .51 .45 1.03 1.26 .69 .41 32.62 =17.86 6.45 5.97 4.78 4.96 4.73 2.48 6.60 2.96 13.71 6.86 4.02 3.56 6.91 =4.72 9.29 1.69 8.17 7.26 =5.15 810.83 3.42 3.89 6.871 35.191 10.17| 8.921 23. 9S 32.851 11.3 6.4 6.9 9.6 13.9 20.04 23.60 22.45 39.04 36.57 29.58 44.62 34.13 27.55 =17.93 18.81 40.49 9.51 15.46 35.66 5.00 7.22 10.41 8.59 6.30 4.41 S.Ol 9.96 12.78 7.27 13.89 =32.47 25, 54 22.10 26.84 21.88 24.85 25.97 10.6 27.441 10.9 9.3 10.7 9.3 12.7 11.3 9.8 13.7 10.4 S.5 =6.5 7.9 14.4 6.1 7.7 34.3 4.8 5.4 7.6 8.0 5.4 3.9 5.5 6.2 9.2 6.8 0.3 =9.2 =9.4 10.2 8.0 8.5 17.98 37.79 25.37 24.85 17.59 7.8 11.9 11.7 9.9 9.6 39.28 =19.4 =26.271=17.0 35.241 14.0 11.531 9.3 32.821 15.1 26.231 9.2 =39.531=20.4 24.041=10.6 35.421 15.5 23.771 10.6 38.381 15.1 Cts. 7 15.5 19.7 8.6 8.4 15.3 22.5 8 18.4 23.0 11.3 9.3 16.5 18.7 14.0 20.4 16.91 12.3 14.5 21.0 19.0 15.7 23.7 17.9 16.6 210.5 9.9 23.3 7.8 12.6 36.5 5.4 6.1 10.0 9.5 6.6 4.3 11.0 7.9 15.6 =20.5 15.5 =15.1 16.8 13.3 13.8 16.4 17.1 12.3 25.2 19.2 14.9 14.0 =36.7 =23.8 23.0 13.1 25.6 18.7 =25.4 =19.4 30.51 15.51 21. 8| 17.5 18.6 22.4 16.0 27.2 20.8 21.4 17.5 5.0 21.4 9.6 15.7 9.2 6.7 10.5 12.6 11.1 9.9 4 2.9 6.4 11.1 8.8 321.4 10.7 10.7 21.5 16.9 19.0 25.8 12.5 20.5 16.5 11.9 17.3 10.9 29.7 10.9 12.9 14.0 16.2 23.0 6.5 7 39.6 14.9 12.8 62.5 57.3 74.4 81.1 62.6 61.9 10 19.1 19.7 14.3 9.6 20.9 19.4 66.1 63.4 64.5 60.6 59.8 62.8 57.9 58.4 51.5 61.6 80.2 62.0 78.5 61.2 66.7 87.8 87.6 75.9 83.3 82.1 89.7 84.2 80.9 83.5 85.6 59 45.0 13.5 124.3 18.0 20.8 17.8 21.2 14.9 20.8 27.1 20.9 14. S 16.6 11.9 23.1 24.1 5.5 1.9 11.5 5.6 8.0 10.3 12.9 12.7 5.4 5.6 318.9 55.0 64.0 25.3 62.3 27.0 60.7 60.5 61.9 64.6 17.8 22.6 19.1 9.6 63.5] 24.0 63.1 16.4 47.21 36.3 66.11 27.0 66.51 16.2 68.91 20.2 I 52.71 17.6 71.11 18.0 60.7 26.4 17.3| 14.7 58.9J 24.9 49.31 27.7 80.51 13.0 54.9|S45.1 50. 7| 9.7 68.71 16.4 69.31 17.9 1 Includes debt paid. = Approximatelv. 3 In 1901-02. * Included so far as reported in expendi- ture for "all other purposes." 5 Returns imperfect. 6 Not reported separately. ' Included in column 4. s Includes expenditure for sites, buildings, etc. GUIDE FOR OHIO SCHOOL OFFICERS. 484 TABLE XVII. Amount expended for common schools eacli year since 1869-70. Expended for — Year Sites, build- ings, fur- niture, etc. Teachers' and super- intendents' salary All Other purposes Total Expen- diture 1809-70 $37,832,566 42,580,853 45,935.681 47,932,050 50,785,656 54,722,250 55,358.166 54,973,776 56,155,133 54.639,731 55,942,972 58,012,463 60,594,933 64,798,859 68,384,275 72,878,993 76,270,434 78,639.964 83,022,562 87,568,306 91,836,484 96.303,069 100,298,256 104 560 339 $63,396,666 69 107 612 1870-71 1871-72 74 234 4T6 1872-73 74 238 464 1873-74 80,054,286 83 504,007 1874-75 1875-76 83 082 578 1876-77 79 439 826 1877-78 79 083 260 1878-79 76 192 375 1879-80 . . . 78,094,687 83 642 964 1880-81 1881-82 88 990 466 1882-83. . 96 750 003 1883-84 103 212 837 1884-85 110 328 375 1885-86 113,322,545 115,783,890 1886-87 1887-88 124,244,911 1888-89 $23,395,624 26.207.041 26,448.047 29,344.559 30,294.130 132,539.783 1889-90 $22,463,190 24,743,693 26,174,197 29,316.588 33 992 750 140,506,715 1890-91 147 494 809 1891-92 155,817,012 1892-93 164.171,057 1893-94 30,007.688 10020240.'! 172,502,843 1894-95 29,436,940 32,590,112 32,376.476 31,415.233 31.229.308 113,872,388 32 499.951 175,809,279 1895-96 117,139.841 119.310.503 124,192.270 129 345 873 33.769.012 35.995.290 38.685,408 39 579 416 183,498,965 1896-97 187,682,269 1897-98 194,292,911 1898-99 200.154,597 1899-1900 35.450,820 137.687,746 I 41,826,052 39,872,278 143.378,507 1 44.272.042 39.962.863 151.443.681 1 46.855.755 214,964,618 1900-01 227,522,827 1901-02 238,262,299 1902-03a 46,289,074 157.110.108 48,058,443 251.457,625 a Subject to correction. 485 GUIDE FOR OHIO SCPIOOL OFFICERS. TABLE XVIII. (1) School expenditure per capita of population; (2) same per capita of average attendance. Tear Expended per capita of Population Expended per Pupil m ^« f^ ^,-n o.S EHP ^P EhD 02P e3 tgp :^ en !ziP ^P 1870-71. . . 1870-71. . . 1871-72. . . 1872-73.. . 1873-74. . . 1874-75... 1875-76... 1876-77... 1877-78.. . 1878-79... 1879-80. . . 1880-81 . . . 1881-82... 1882-83... 1883-84... 1884-85.. . 1885-86... 1886-87... 1887-88... 1888-89... 1889-90... 1890-91 . . . 1891-92. . . 1892-93. .. 1893-94 . . . 1894-95... 1895-96. . . 1896-97. . . 1897-98. . . 1898-99. . . 1899-1900. 1900-01 . . . 1901-02. . . 1902-03a . . $1,75 1,75 1.83 1,84 1.88 1.91 1.85 1.72 1.67 1.56 1,56 1.63 1,70 1,80 1,88 1,96 1,97 1.97 2.07 2.17 2,42 2,31 2,40 2. 48 2.55 2,55 2,62 2.63 2,67 2.70 2.84 2,94 3,03 3.15 .>i;2,3S 2,38 2.40 2.44 2,51 2,55 2.45 2,29 2,15 2,03 1,97 2,08 2,11 2.22 2,25 2.38 2,36 2,35 2,48 2.59 2.76 2.78 2,90 3,02 3,13 3,28 3,49 3,65 3,75 3,71 3,99 4,20 4,22 4,44 $0,63 $0.63 .68 .68 .76 .80 .79 .72 .70 .63 .68 .72 .78 .82 .84 .88 .88 .90 .95 .98 .99 • 1.06 1,06 1.09 1,12 1,11 1,1 1,1 1.19 1,24 1,24 1,28 1.33 1..34 $0,73 $0,73 .81 .74 .68 .73 .55 .51 .56 .55 .55 .58 .64 .68 .74 .82 .87 .87 .87 .94 .97 1.04 1.07 1,06 1.09 1,09 1,10 1,04 1,03 1,04 1,08 1,10 1,16] 1.22 $2,141 $2,14 2,31 2,31 2.38 2.36 2.37 2.21 2,14 2,00 2,03 2,09 2,19 2.34 2. 48 2,53 2.54 2,55 2,68 2,76 2,81 2,85 2.94 3.06 3,23 3.13 3,12 3.06 3.07 3,15 3,27 3,38 3.52 3,61 $2,15 $2,15 2.2 2,42 2,40 2,76 2,78 2.61 2,73 2.53 2.41 2.54 2,59 2,74 2,8: 2.90 2,88| 2,76 2,96 3,28 3,37 3.91 4.201 4.201 3,771 3.671 3,73i 3.561 3.811 3,841 4.211 4,251 4,621 4,801 !15.20| >15,20 15,93 16,06 15.85 15,91 15,70 14.64 13.67 12,97 12,71 13,61 14,05 14,55 14,63 15.12 15,06 15,07 15,71 16.55 17.23 17,54 18.20 18.58 18,62 18.41 18,76 18,67 18,76 19,38 20,21 21,231 21,53] 22.751 ;i8,31 il8,31 18,86 19,89 19,89 20.17 19.14 17.89 16,55 16,05 15,64 17,14 17,35 18,17 18,37 19,19 19,11 19.38 20,60 21,64 23,58 23,66 24,89 25,01 26.21 26.84 28.45' 28,771 29,34 29,28 31.82 33.70 33,39 35,19 $10,27 $10,27 10,46 9,25 9,01 8,98 8,65 7.68 7.21 6,76 6,60 7,22 7,63 7.46 7.44 7,32 7,33 7,33 7,61 7.77 7,78 8,52 8,74 8.65 8.61 8.58 8.87 9.32 8,97 9.96 9,61 9,53 9,91 10,17 $9,06 14,87 $9,06 $14,87 9,08 16.36 8,39 16.53 7,55 16.57 7,51 16.69 6,70 16,91 6,25 15,93 5,98 15,08 5,65 14,22 5,40 14,39 5,72 15.19 6,25 15.79 6,17 16.69 6,26 16.90 6,74 17.53 6.93 17,45 6.88 17.45 6.60 18.29 7.12 19.30 7.28 19,70 7,78 19,42 7.82 20.13 7,72 20.62 7.58 21,29 7.69 20.26 7,60 20,09 7,09 19.75 7,09 19,47 7,17 20,62 7.32 21.12 7,78 22.46 8,16 22.83 8,92 23.98 21,87 $21,87 23.57 25.04 24.36 26.85 26.35 24.69 25.82 23.39 22,59 23.81 24,32 25,39 24.69 26,31 25,52 24.85 27.38 29,37 30.57 33.42 33.55 33.57 29,06 27,32 27.16 25.86 28.29 28,50 30.98 30,93 32.26 32,85 a Subject to Correction. GENERAL INDEX (For Index to Sections see Reference Index.) (For Index to Appendix see Appendix Index. ) A Section. Excuse for, 4022-1 225 Habitual truant, punishment, 4022-4-7-10 228, 231, 234 Abstract. Enumeration, failure to transmit to county auditor, action taken, 4036 250 Auditor of county to transmit to state commissioner of common schools, 4039 253 Statistics, transmitted by county auditor to state commis- sioner of common schools, 4060 280 Aqademy. (See College.) General provisions as to, 3726-3771a 328-381 Military, how constituted, 3757 362 Board of visitors for, 3758, 3759 363, 364 Report of to state commissioner of common schools, 363. . . 476 Account. Clerk of school districts, how kept, 4055 275 Common school fund, 3954, 3955 56, 57 Educational institutions, accounts of oflBcers, 3769 378 School funds, account of by auditor of state, 3954, 3955 56, 57 Schools specially endowed, accounts of, 4105-71 386 Treasurer of school funds, accounts of, 4055 275 University of municipality, trust funds, 4101 396 Accountant, Appointment of to investigate funds, 364 477 Powers, duties and compensation, 365 478 Account Books. Clerks and treasurers furnished by county auditor, 4055 ... 275 Advertisement. (See Notice.) Building school houses, bids for, 3988 97 Age. Youth of school age, 4013, 4030 201, 244 Alcoholic Drinks (See Scientific Temperance Instruction.) GENERAL INDEX.' 488 Alumni. (See Colleges.) Election of trustees and visitors, by, 3747, 3749 349, 351 Appeal. County commissioners, wtien board of education fails to provide proper school facilities, 3969 70 Probate court, excuse of child from school, to, 4022-1 225 Special districts, creation of, 3928, 3929 43, 44 Transfer of territory, 3895, 3896 10, 11 Appendix. (See Appendix Index.) Appointment. (See Respective Titles of Boards, Officers, etc.) Apportionment. Salt lands, interest on proceeds of sale of, 3952 53 State school funds, by auditor of state, 3956 58 When county line divides original surveyed township, 3957 59 School funds, by county auditors, 3964, 3966 65, 67 Annexation of territory to city or village, after, 3896.. 11 Distribution of money after apportionment, 3965 66 Township to newly created special district, 3929 44 Special district, after abandonment, 3929 44 Transfer of territory, after, how made, 3896 11 Village, surrender of corporate powers, after, 3889.... 4 Appropriation. Boards of education may 97 Cleveland public library, for, 4002-18 149 May employ counsel 97 Private property, of, for school purposes, 3990 98 Resolution for 97 University of municipality, appropriation for, 4103 398 Vote necessary for certain appropriations by board, 3982.. 89 Art Association or College. Accounts, 3760 365 Attorney general to enforce trusts of, 3771 380 Bequests, etc., may accept, 3727 329 Objects, articles of incorporation may be extended to others, 3768 375 Trustees ineligible to office in, 3770 379 Articles of Incorporation. Educational institutions, certain, 3762a 368 Fine art, law, etc., association, what may provide, 3767 374 Supplement for colleges, 3768 375 Assessment. Colleges, etc., amount, how fixed, 3755, 3756 360, 361 Meeting for, 3754 359 Stockholders, against, 3753 358 Assignment of Youth. Board of education may, 4013 201 Astronomical Observatory. University of municipality may establish, 4104 399 Tax levy for, 4104 399 489 GENERAL INDEX. Attendance. (See Compulsory Attendance.) Section. Compulsory education, requirements, 4022-1 225 Night schools, at, 4012, 4012a 199, 200 One and one-half miles from school, privilege of pupils living, 4022c 224 Non-residents, by agreement of boards of education, 4022.. 223 Youth entitled to at school, free, 4013 201 Attorney General. Educational institutions, duties as to, 3771 380 Ohio State University board, legal advisor of, 4105-17 417 Auditor. (See County Auditor.) Auditor of State. Apportionment of school funds, by, 3956 58 Bequests to school funds, accounts of, 3955 57 Ohio State University, duties as to, 4105-46, 4105-47 4105-49, 4105-50 446, 447, 449, 450 Virginia Military land, duties as to, 4105-48 448 B Ballot. (See Election.) City districts divided into sub-districts, form of, 3970-10.. 76 School elections, deposited in separate box, 3970-10 76 Special districts, furnished by deputy supervisors, 3931.... 46 Abandonment or continuance, form of, 3935 50 Ballot Box. Separate, for school elections, 3970-10 76 Special districts, in, 3931 46 Bequests. Boards of education may accept, 3975 83 Cleveland library board may accept, 4002-4 135 College or university may hold in trust, 3727 329 Common school fund, to, how applied, 3955 57 Library boards in city and village districts, may accept, 4002-44 .' 174 Ohio State University, bequests to, 4105-15 415 Toledo Library Board, may accept, 4002-31 161 Bible. Reading in public school 92 Bids, Bidders, Bidding. Bonds, bids for sale of may be received, 3992 100 Depositories of school funds, competitive bidding for, 3968. 69 School houses, construction of 3988 97 Blanks. Board of education, report of, blanks for, 4058 278 County auditor to distribute, 4058, 4060 278, 280 Blank books, furnished by, 4055 275 Form of prescribed by state commissioner, 359, 4070 472, 290 GENERAL INDEX. 490 Blanks — Concluded. Section. School youth, blanks for enumeration of, 4039 253 Teachers' report of attendance under compulsory education law, 4022-6 ^ 230 Truant officer, blanks for, 4022-5 229 Blind. School, attendance of blind person compulsory, 4022-10 234 Board of Education. (See School Districts.) Section. City School Districts, in Attached territory, duty in regard to, 3898 25 Board of examiners in, to appoint, 4077 298 Clerk, election of, 3897a 13 Compensation of examiners, 4083 304 Constituted how, boaj'd of education, 3897 12 Deaf children, schools for authorized, 3901 27 Director, election of authorized, 4017 206 Meetings of, 3897a 13 Members of, 3897 12 Election of, qualifications, terms, 3897 12 Organization of board, 3897a 13 Physical training, instruction in, 4020-17 217 President, election of, 3897a 13 Redistricting of cities, 3897, 3900 12, 26 Report, publication of, 4059 279 Sub-districts, division into, 3897 12 Superintendent, election, 4017a 207 Teachers, appointment of, confirmed by, 4017a 207 Teachers' institutes in, 4092 313 May dismiss school to attend, 4091 312 Clerk or. (See Clerk of Board of Education.) Special Districts. (See Special Districts.) Clerk, election of, 3933 48 Constituted how, 3930 45 Conveyance of pupils, may provide for, 3934 49 Election of, 3930, 3931 45, 46 First election, 3932 47 Members of, 3930 45 Term of office, 3930 45 Organization of board, 3933 48 President, election of, 3933 48 Superintendent, election of, 4017a 207 Teachers, election of, 4017a 207 Township Districts. (See Township Districts.) Attached territory, duty as to, 3916 33 Centralization of the schools by, 3922 37 Election on question of, 3927-2 39 Clerk, election, 3920 34 Constituted how, 3915 32 Election of, 3915 32 Meetings of, 3920 34 Members of, 3915 32 Term of, 3915 32 Organization of, 3920 34 491 ' GENEExVL INDEX. Board of Education — Continued. Section. President, election of, 3920 34 Sub-districts, recognition of, 3921 35 Boundaries of, how changed, 3921 35 Superintendent, election of, 4017a 207 Teachers, election of, 4017a 207 Village Districts. See Village Districts.) Attached territory, duty as to, 3910 30 Clerk, election, 3911 31 Constituted how, 3908 28 Election of, 3908 "28 In newly created village, 3909 29 Members of, 3908 28 Term of, 3908 28 Organization of, 3911 31 President, election of, 3911 31 Superintendent, election of, 4017a 207 Teachers, election, 4017a 207 General Provisions. Absence of president and clerk, 3983 90 Accommodation for all children, 4022-13 237 Admission to schools of those not entitled by right to attend, 4013 201 Appropriate private property, may, 3990 98 Assignment of pupils to schools, 4013 201 Attendance compulsory, 4022-1—4022-14 225-238 Attestation of record of, 3984 91 Bequests, acceptance and rules, 3975 83 Boards of examiners, appointment of, 4077 298 Compensation and expenses of, 4083 304 Bond of treasurer, approval of, 4083 257 Bonds issued by, for school house, 3991, 3992, 3993, 3994 99, 100, 101, 102 Cause of dismissal 209 Centralization of township schools authorized, 3922, 3927-2 37, 39 Children's home, school at, authorized, 4010 197 City solicitor, is legal adviser of, 3977 85 Shall not be a member of the board, 3977 85 Commercial departments, may establish, 4020-18 218 Compensation, none except, 3974 82 Contingent fund, what constitutes, 3967 68 County commissioners to levy, when, 3969 70 Estimate for, to be made by board, 3958 60 Levy, certificate of to county auditor, 3960. ... 63 Contract of, no member shall have interest in, 3974... 82 Must be authorized by board, 3974 82 What are valid, 3972 80 With teachers, what constitutes, 4017 206 Contract for building, repairing, etc., how let, 3988. ... 97 Contract for teacher 209 Contract may be withdrawn before accepted 209 Contract with teacher 208 Conveyances, how executed, 3971, 3974 79, 82 Corporate powers of, 3971 79 Deaf children, schools for in city districts, 3901 27 Dismissal of teacher 209 GENERAL INDEX. 492 Board of Education — Continued, Section. Elections. (See elections.) Elementary schools, shall establish, 4007 185 Employes of, term, 4017, 4017-0 206, 207 Employment of teacher 208 Entertainment in school houses, 3987-1 96 Evening schools, 4012, 4012a 199^ 200 Exchange of real property by, 3971 ' 79 Exemption from taxes and execution, 3973 81 Expulsion of pupils, vote necessary, 4014 202 Female suffrage, 3970-12 78 Fix teacher's compensation 208 Flag, U. S., on school houses, 3986-1 94 Forms relating to bonds 201, 214 Funds in hands of treasurer, duty of board as to, 4043. . 257 Free school books, 4026 239 German language, teaching of, 4021 222 High schools, board may establish, 4009, 4009-1, 4009-2, 4009-15 192, 193, 194, 195 Infirmary, school at, 4010 197 Intoxicatng liquors, to cause instruction as to, 4020-23 — 40-25 219, 221 Kindergarten may be established, 4020-18 218 Kind of corporation 79 Liability for injury to property 79 Liability of, for injury to persons 79 Liability of member for injuries 79 Library. (See Library.) Manual training department, may establish, 4020-18 . . . 218 Meetings illegal, when, 3985 92 Non-residents, admission of to schools, when, 4013, 4022 201, 223 Oath of members and officers, 3979 87 Who may administer, 3979 87 Order of dismissal 79 Orphans' asylums, schools at, 4010 197 Penalty on members for neglect of duty, 3969 70 Process against, how served, 3976 84 Property, title to, of boards, 3972 80 Exempt from taxation and execution, 3973 81 Prosecuting attorney, legal adviser of, 3977 85 Qualification of teacher 208 Quorum of, 3982 89 Record of proceeding of, 3984 91 Record of schools, kept by teachers and superintend- ents, 4059 279 Relief of children, board authorized to afford, 4022-9. . . 233 ■Report by, made to county auditor, 4057 277 Superintendents' and teachers' report to board, 4059 279 Resolutions requiring yea and nay vote, 3982 89 Rules and regulations of, 3985 92 Sale of property by, restrictions, 3971 79 At private sale, when 3971 79 At public auction, 3971 79 Schools, control and management of, to have, 4007, 4017 185,206 Continued, must be, how long, 4007 185 Employes, appointment, dismissal and salaries of, 4017, 4017a 206, 207 493 GENERAL INDEX. Board of Education — Continued. Section. Sufficient number must be provided, 4007 185 School houses, grounds, etc., to provide, 3987 95 Contracts for, bidding and letting, 3988 97 Use of for purposes other than educational, 3987-1. 96 Scientific temperance instruction, duties as to, 4020-23- 4020-25 219. 221 Service of process on, 3976 84 State commissioner of common schools to confer with, 357 470 Superintendent, appointment of, 4017, 4017ffl 206, 207 Surety of treasurer, additional may be required, 4043. . 257 Suspension of director 208 Suspension of pupils, 4014 202 Taxation by (See Tax.) Tax levy by board for school house, 3991-3994 99, 102 Maximum levy, 3959 62 School property exempt from, 3973 81 Teachers, employment and dismissal of, 4017, 4017a... 206, 207 Certificate, must have, 4074 295 Order for pay of, when illegal, 4051 271 Pension fund, may provide, 3897&-3897Z 14-24 Teachers' institutes, aid for, in cities, 4092 313 Text-books, adoption of, 4020-12—40120-14 212-214 Free school books, 4026 239 Publishers' failure to furnish, action by board, 4020-13 213 Purchase and sale of by board, 4020-14 214 Tie vote, decided by lot, 3970-10 76 Title to what property, boards have, 3972 80 To make necessary rules 208 Transfer of territory, by, 3894, 3895 9, 10 Treasurer of; (See Treasurer of Board of Education.) Truant officer, must employ, 4022-5 229 Tuition, agreement between boards for payment of, 4022 223 "One and one-half mile" law, 4022a 224 "Patterson Law," payment under, 4029-3 242 Unlawful to receive a reward 208 Unlawful to vote for certain relatives 208 U S. Fag, display of, 3986-1 94 Vacancies in, how filled, 3981 . ". 88 Vaccination, may enforce rules, 3986 93 Free, when, 3986 93 Yea and nay vote, when repaired, 3982 89 Board of Examiners. (See State Examiners, County Examin- ers, City Examiners.) Board of Health. Vaccination, 3986 93 Board of Visitors. Alumni may appoint, 3747 349 College of, 3742 344 Compulsory education, duties as to, 4022-11 235 Military academies, of, 3758, 3759 363, 364 Religious bodies may appoint, 3742 344 Schools especially endowed, of, 4105-72 387 GENERAL INDEX. 494 Bonds. Section. Board must determine matter 99 Certificate as to vote 99 Cleveland library bonds, 4002-11, 4002-12 !!l42, 143 Clerk of board of education of, 4050 ' 270 Clerk of city board of examiners, 4079 300 Clerk of county board of examiners, 4076 297 Compulsory education, parents must give, 4022-7 231 Depository of school funds, required of, 3968 69 Educational institutions may issue, 3734 336 Forms of: Form of bond 100 Form of notice of sale 100 Form of resolution 100 Form of resolution for exchange 100 Issued for erection of school house 99 Mandamus not proper remedy 100 Mode of sale 100 Notice for 99 Notice of election for 99 Notice of sale 100 Ohio State University, treasurer of, 4105-14 414 Payment of bonds 100 Proceedings for refunding 100 Refunding of 100 Resolution for bond issue 99 Resolutions of board 100 Resolution to issue and sell bonds 100 Sale of, 3992 100 Money must go to funds for which bonds were issued, 3993 101 Par, must be sold at, 3992 100 School house, bonds for 3991-3994 99, 102 Schools specially endowed, trustees of, 4105-70 385 Sinking fund bonds, 3970-1—3970-4 72, 75 State commissioner of common schools, of, 355 468 Security for cost, petition for special district, 3928 43 Teachei's' institute committee, of, 4086 307 Forfeiture of, 4089 310 Toledo library building bonds, 4002-23, 4002-24 153, 154 Treasurer of board, 4043 257 Wilberforce University, treasurer of, 4105-62 462 Books. (See Text Books. Libraries.) Blank books, furnished by county auditor, 4055 275 School fund, examination of books, 364, 366 477, 479 c Centralization. Advantages of 37 Board of education may centralize schools, 3922 37 Must centralize, when, 3927-2 39 Control of district 37 Decentralization 39 Defined 36 Election for 39 Form of resolution 37 495 GENERAL INDEX. Section. How accomplished 39 Petition for, 3927-2 39 Question submitted to vote 39 Scope of act 37 Special school district can not be included 39 Transportation of pupils, 8922, 3934 37, 49 Certificate. Branches of study enumerated, 4074 295 City districts, examinations in. 4078 299 Granting certificates in, 4081 302 Revocation of certificates in, 4081 302 County certificate, majority of board may grant, 4071 291 Course of 294 Examination fee, 4071 291 Form of resolution 294 Good moral character 294 Hearing 294 How revoked as such certificate 286 Procedure to revoke 294 Requirements necessary, 4073 294 Revocation of, 4073 294 Service of notice 294 Special, granting of, 4074 295 Teacher can not collect compensation unless has cer- tificate 295 To whom granted 294 Valid, where, 4073 294 Scientific temperance, examination in required, 4020-24 .... 220 State certificates, issue of, 4066 286 Effect of, where valid, 4067 287 Examination fee, 4068 288 Certificate — Concluded. Revocation of. 4067 287 Tax levy, certificate to county auditor of, 3960, 3963 63, 64 Teachers must have, 4074 295 Filed with clerk, copy must be, 4051 271 Transfer of territory, certificate of to county auditor, 3895. 10 Who may grant 286 Who may revoke 286 Charter. Educational institutions, amendment of, etc., 3762a 368 Children's Home. Children at, can attend schools, when, 4013 201 Schools at, 4010 197 Christmas. Dismissal of schools on, 4015 203 Cincinnati. Library, board of trustees, 3999 115 Access to, by all residents of Hamilton county, 3999a.. 116 Control of, by trustees, 3999& 117 Fund heretofore raised, disposition of, 3999(Z 120 GENERAL INDEX. 496 Cincinnati— Concluded. Section. Library — Continued. Librarian and assistants, employment, 3999& 117 Membership of board of trustees, 3999e 121 Tax for library purposes, 3999c 118 University of, 4095-4104 389, 399 Cincinnati University. (See University of Cincinnati.) City Examiners. Appeal from, 4085 306 Appointment, term, vacancies, 4077 298 Compensation and expenses of, 4083 304 Examinations, how conducted, 4078 - 299 Expert, assistance of in difficult branches, 4078 299 Fees, disposition of, 4083 304 Granting of certificates,. 4081 302 Revocation of, 4081 302 Meetings of, 4080 301 Membership, number, qualifications, 4077 298 Organization of board, 4079 300 Record, how kept, 4084 305 Report of appointment, to state school commissioner, 4077. . 298 Revocation of appointment, 4077 298 Scientific temperance, examination, 4020-24 220 City Districts. Advancement to, 3889 4 Attached territory, assignment of, 3898 25 Voting in, 3898 25 Attendance in, compulsory, 4022-1 225 Board of education, election of, 3897 12 Membership, 3897 12 Meetings, 3897a 13 Organization, 3897a 13 Term of members, 3897 12 Board of examiners, 4077, 4084 298, 305 City solicitor, legal adviser, 3977 85 Classified 3885 1 Clerk of board of education, 3897a, 4050, 4056.'. .'..... .13,' 270, 276 Committees 13 Deaf children, schools for, 3901 27 Defined, 3886 2 Director may be appointed, 4017 206 Election held for members 12 Libraries, cities of certain size may establish, 4002-39 — 4002-45 169, 175 Order of business 13 Organization of 13 City districts, second grade, fourth class, library in, 4002-46, 4002-47 176, 177 Managers of, in certain cities, 3999 115 Redistricting of, 3897, 3900 12, 26 Size of board of education 12 Sub-districts, division into, 3897 12 State school commissioner, by, when, 3897 12 Superintendent, election of, 4017a 207 Teachers, election of, 4017a 207 Teachers' institutes, in, 4092 313 497 GENERAL INDEX. City Districts — Concluded. Section. Treasurer can not be clerk 13 Treasurer can not be president 13 Treasurer of sctiool boards, 4042-4049, 4056 256-269, 276 City Solicitor. Legal adviser of boards of education, 3977 -85 Shall not be a member of the board, 3977 85 Classification. Change of, by advancement, 3889 4 City districts, 3886 2 Legislature may classify 1 School districts are not corporations within the meaning of the constitution 1 Special districts, 3891 6 Township districts, 3890 5 Village districts 3888 3 Clerk of Board of Education. Abandonment of special districts, duties of special and township clerks as to, 3935 50 Absence of, at meetings, who acts, 3983 90 Accounts of, how kept, 4055 275 Blanks for reports under compulsory education law, must furnish, 4022-6 230 Bond of, 4050 270 Certiiicate of estimate for tax levy, to county auditor, 3960. 63 Transfer of territory, of, when, 3894 9 City districts, of, 3897o 13 Compensation of, 4056 276 Compulsory attendance, may excuse from, 4022-1 225 Duties of 269 Election of, 3897a, 3911, 3920, 3933 13, 31, 34, 48 Enumeration return to county auditor, 4035 249 Liable for damages for failure to make, 4036 250 Penalty for failure, 4038 252 Forms relating to 201-214 Has no right to receive tuition funds 275 Moneys received by, must be, 4047 267 Must comply with the law 271 Notice of election, 3970-11 77 Oath of, 3979 87 May administer to others, 3979 87 Order on treasurer, must sign, 4047 267 For teachers' pay, illegal, when, 4051 271 Petition for transfer of territory, 3985 10 Publication of receipts and expenditure, 4053 273 Record of proceedings, kept by, 3984 91 Reports required of, 358, 4052, 4057, 4058 471, 272, 277, 278 Penalty for failure to make, 4061, 4062 280, 281 School examiner, of appointment, 4077 298 State school commissioner may require, 358 471 Roll call, when required, 3982 89 Special districts, of, 3933 48 Successor, property turned over to, 4054 274 Township commencement, clerk to hold, 4029-1 240 Township districts, of, 3920 34 Village districts, of, 3911 31 GENERAL INDEX. 498 Clerk of Boards of Examiners. Section. City Boards. Bond of, 4079 300 Compensation of, 4083 304 Election of, 4079 300 Fees, disposition of, 4084 305 Record, Ivept by, 4084 305 Reports of, 4077, 4084 298, 305 County Boards. Bond of, 4076 297 Compensation of, 4070 290 Election of, 4070 290 Fees, disposition of, 4072 . 293 Record to be kept, 4070 290 Report by to county auditor, 4072 293 To state school commissioner, 4070, 4076 290, 297 Clerk of Township, (See Township Clerk.). Cleveland. Library. Access, who entitled to, 4002-10 141 Bonds, issued by board, how, 4002-11, 4002-12 142, 143 Building and grounds, how acquired, 4002-2, 4002-3. . .133, 134 Contract, invalid, when, 4002-9 140 Donations may be accepted, 4002-4 135 Library board, election, membership, 4000 129 Oath of members of, 4002-6 137 Organization of, 4002-7 138 Powers and duties of, 4001 130 Report of, 4002-8 139 Property exempt from taxation and execution, 4002-5.. 136 School funds used for library, 4002-18 149 Sinking fund, 4002-13—4002-17 144, 148 Tax for library, how expended, 4002 131 Title to property, management of, 4002-1 132 Colleges and Universities, Cincinnati University. (See University of Cincinnati.) Incorporated Institutions. Accounts of, how kept, report, 3769 378 Alumni may elect trustees, 3747 349 Appoint visitors, 3747 349 Election, conduct of, 3748, 3749 350, 351 Attorney General, duties as to, 3771 380 Board of trustees, election of, 37516 355 Membership, increase in number, 3751a-3771a. . . .354, 381 Inelligible, who are, 3770 379 Quorum of, 3745 347 Term of office, 3760 .365 Vacancies, how filled, 3733 335 Bonds, trustees may issue, 3734 336 Charter, amendment of, 3762a, 37626 368, 369 Directors and trustees of certain associations, 3767 . . . 374 Endowment fund of, 3750 352 Diverted, how, 3732 334 Faculty of, its powers, 3728 336 Laws, benefits of, how acquired, 3746, 3751 348, 353 Location, change of, 3731,. 3761 333, 366 •i99 GENERAL INDEX. Colleges and Universities — Concluded. Section. ''ncoepoeated Institutions — Continued. Mechanics and agriculture, 3729 331 Mechanics' institutes may borrow money, 3768-1 376 Directors' liability, 3768-2 377 Medical college, bodies for dissection, 3763, 3764 370, 371 Name, change of, 3762a, 3762& 368, 369 May be religious denomination, 3751b 355 Organization of, 3726 328 Patron, who may be, 3741 343 Property, increase of, 3734 336 Sale of, 3762 367 May hold in trust, 3727 329 Purposes, set forth, may be, when, 3751& 355 Change of, 3762a, 3762& 368, 369 May be added to, 3768 375 Religious control of, 3736-3740, 3751c 338, 342, 356 Religious body entitled to representation, 3744 . . . 346 Representation to cease, when, 3743 345 Statement of property to be filed, 3735 337 Stock changed to scholarship, 3730 332 Stockholders' liability, 3753, 3756 358, 361 Visitors, appointment of, 3742 344 Ohio University. (See Ohio University.) Ohio State University. (See Ohio State University.) Reports of, 363 476 State commissioner of common schools, employment of, by, prohibited, 356 472 Toledo University. (See Toledo University.) University or college of any municipality, 4095-4105 389-400 Wilberforce University. (See Wilberforce University.) Commencements. County commencements under "Patterson Law," 4029-1 . . . 240 Township commencements under "Patterson Law," 4029-1 240 Expenses of, how paid, 4029-2 241 Commercial Departments. Boards of education may maintain, 4020-18 218 Commissioner. (See State Commissioner of Common Schools, County Commissioners.) Common Pleas Court. Judge of, duty as to report of examiner of funds, 366 479 Schools specially endowed, appointment of trustees for, 4105-67 382 Common School Fund. (See Funds.) Compensation. Board of education, members of, shall not receive, 3974.. 82 City boards of examiners, of, 4083 304 Clerk of board of education, 4056 276 County auditor, of, 4064 284 County examiners, of, 4075 296 Clerk of, 4070 290 Under "Patterson Law," 4029-2 241 GENERAL INDEX. 500 Compensation — Concluded. Section. Enumerators, of, 4031 245 Examiner of school funds, 365 478 Library boards shall not receive, 3999, 4000, 4002-21, 4002-40 115, 129, 151, 170 Ohio State University, officers of, 4105-44 444 Prosecuting Attorney, shall not receive, 3977 85 Treasurer of board of education, 4056 276 Complaint. Form 231 Funds, fraudulent use of, in regard to, 364 477 Compulsory Attendance. Age of youth affected, 4022-1, 4022-2 225, 226 Attendance necessary, 4022-1 225 Minors between 14 and 16, 4022-3 227 Blind institution, in regard to, 4022-10 234 Board of county visitors, duties, 4022-11 235 Branches of study required, 4022-1 225 Corporation, violation of by, penalty, 4022-11 235 Costs of pi'oceedings paid by county, 4022-14 238 Deaf and dumb institution, in regard to, 4022-10 234 Employment of minors under 16, 4022-2 226 Between 14 and 16, 4022-3 227 Penalty for violation, 4022-3 227 Excuse, how obtained, 4022-1 225 Forms relating to Free school books, 4026 239 Jurisdiction of courts, 4022-11 235 Juvenile disorderly persons, defined, 4022-4 228 Proceedings against, 4022-8 232 Penalties for violations, 4022-11 235 Repeated violations, 4022-12 236 Relief to enable child to attend school, 4022-9 233 Reports of public and private schools, 4022-6 230 Seating accommodations necessary, 4022-13 237 Tax levy authorized, 4022-13 237 Truancy, proceedings in cases of, 4022-7 231 Penalties, 4022-7 231 Truant officer, appointment, powers, duties, 4022-5 229 Constitution of Ohio. Oath to support, 3979 87 School funds, preservation of. Art. 6, Sec. 1 51 Provision of, by taxation. Art. 6, Sec. 2 51 School laws, excepted from general rule. Art. 2, Sec. 26 ... . Construction. Laws of, decisions and opinions 473 Contingent Fund. Apportionment of, 3967 68 Board of education to provide, 3958 60 County commissioners may levy, when, 3969 70 Defined 60 Tax levy for, certificate to county auditor, 3960 63 501 GENERAL INDEX. Contract. Section. Board of education by, how made, 3974 82 Members of, shall have no interest in, 3974 82 Cleveland library board, when invalid, 4002-9 140 County examiners may, for rent, etc., 4075 296 Depository of school funds, for, 3968 69 School houses, how let, 3988 97 Conveyance. Board of education, authorized to make, 3971 71 How made, 3974 82 Pecuniary interest of member 81 Pupils may be conveyed, when, 3922, 3934 37, 49 Resolution for '. 81 Corporations. (See Articles of Incorporation.) Boards of education are, 3971 79 Educational institutions (See Colleges and Universities.) Ohio State University, 4105-10 410 School attendance, violations by agents of, 4022-11 235 Schools specially endowed, 4105-67 382 Costs. Special districts, formation, 3928 43 Security for, 3928 43 Council. University of municipality, powers of as to, 4095-4105 389, 400 Vaccination of pupils, duty as to, 3986 93 County Auditor. Apportionment of school funds to all districts, 3964, 3966. 65, 67 Blank books, to furnish to clerk of board of education, 4055 275 School examiners, 4075 296 Treasurer of school funds, 4055 275 Blanks, distribution of to school districts, 4058 278 Bonds of clerk and treasurer, copy to be filed with, 4043, 4050 257, 270 Clerk of board failing to report, auditor may appoint other person, 4062 282 Compensation of auditor, 4064 284 Contingent fund, levy for to-be certified to, 3960, 3963 63, 64 Distribution of funds to school treasurers, 3965 66 Enumeration, returns of to, 4035 249 Auditor to take, when, 4036 250 Return to, when county line divides original surveyed township, 4037 251 Return by, to state commissioner, 4039 253 Fines, collection of, for school purposes, duty as to, 3970.. 71 Joint sub-districts, map of to be filed with, 3923 38 Penalties for not making reports, 4061, 4063 281, 283 Reports to, required, 4052, 4057, 4072 272, 277, 293 Reports of, required, 358, 4039, 4044, 4057, 4060 471, 253, 264, 277, 280 School houses, duty as to tax levy for, 3993 101 Special districts, to certify valuation of, 3928 43 Tax levy, certified to, 3960 63 Teachers' institute, funds for, duties as to, 4087 308 JENERAL INDEX. 502 County Auditor — Concluded. Section. Territory transferred, duties as to, 3894, 3895 9, 10 Treasurer of school districts, settlement with, etc., 3964, 3967, 4044, 4045, 4048 65, 68, 264, 265, 268 County Board of Examiners. Appeal from, 4085 306 Appointment of, 4069 289 Branches of study required for teachers' certificates, 4074. . 295 Certificates, granting of, 4073 294 Grades of, 4074 295 Renewal of, 4074 295 Revocation of, 4073 294 Clerk, duties of, 4070 290 Compensation of, 4070 290 Compensation of members, 4029-2, 4075 241, 296 Examination fee, 4071 291 Disposition of, 4072 293 Expenses of board, how paid, 4075 296 Ineligible, who are, 4069 289 Majority of members necessary to take action, 4071 291 Meetings of, 4071 291 Membership, limited, how, 4069 289 Notice of meeting, what necessary, 4071 291 Organization of, 4070 290 Patterson examinations, 4029-1 240 Commencements, county, 4029-1 240 Compensation of examiners, 4029-2 241 Qualifications necessary, 4069 289 Questions, how prepared, 4071a 292 Record to be kept, 4070 290 Removals from board, 4069 289 Reports to be made, 4070, 4072 290, 293 Revocation of certificates, 4073 294 Scientific temperance, examination in, 4020-24 220 Special certificates, granting of, 4074 295 Teacher, qualifications necessary, 4074 295 Term of members, 4069 289 Uniform system of examinations, 4071a 292 Vacancies, how filled, 4069 289 County Commissioners. Board of education, commissioners may act as, when, 3969 70 Children's home, schools at, duties as to, 4010 197 Contingent fund, when to levy, 3969 70 County auditor, compensation of, 4064 284 When may take charge of school 70 County Treasurer. Compensation of, 3960 63 School funds, duties as to state funds, 3956 58 When county line divides district, duties, 3963 64 Tax, collection of, 3960 63 Course of Study. Examination Questions, see Appendix. Defined, 4007-4 189 Elementary schools, branches of study, 4007-1 186 Course of study required in, 4007 185 503 GENERAL INDEX. Course of Study — Concluded. Section. German taught, when, 4021 222 High schools, branches of study, 4007-2 187 Requirements, 4007-4 189 Physical training in certain schools, 4020-17 217 Physiology and hygiene, 4020-23 219 Report of, required, 4007-6 191 Scientific temperance, 4020-23 219 Text-books, adoption of, 4020-14 214 D Dayton. LiBBABY. Library board, powers of, 4002-32 162 Election of, 4002-33 163 Non-partisan, 4002-33 163 Museum, may establish, 4002-38 168 Organization of, 4002-37 167 Powers and duties of, 4002-34 — 4002-37 164, 167 Term of, 4002-33 163 Librarian and assistants employment of, 4002-34 164 Tax levy, for library, how made, 4002-35, 4002-36 165, 166 Debt. (See Sinking Fund.) Deeds. Boards of education, deed by, 3971, 3974 72, 82 Ohio University land, leasehold estate, converted into fee simple, 4105-2—4105-4 402, 404 Unpatented land, deed of, made by trustees of Ohio state university, 4105-48 448 Degrees. Educational institutions, power to confer, 3726 328 University of municipality, may confer, 4102 397 Depository. Boards of education may provide, 3968 69 In districts having two or more banks, 3968 69 In districts having less than two banks, 3968 69 Duty of treasurer 69 For school funds 69 Form of resolution 69 How funds placed therein 69 Making deposits 69 School board provided 69 Devise. Board of education may accept, 3975 83 Common school fund of state, to, 3955 57 Endowed schools, to, management of, 4105-67 382 Institutions may receive, 3727 329 Ohio state university, for, 4105-15 415 Toledo public library, for, 4002-31 161 GENERAL INDEX. 504 Director. Section. Appointment of, in city districts, 4017 206 Compensation of, 4017 206 Powers and duties of, 4017 206 Removal of, 4017 206 Election of in township districts, 3921a 36 Enumeration, stiall take, 3921a 36 Powers and duties of, 3921a 36 Term of office, 3921a 36 Libraries in certain cities and villages, 4002-40 170 Universities of municipalities, of, 4098—4104 392-399 Dismissal. Schools, on holidays, 4015 203 Teachers to attend institute, 4091 312 Teacher, dismissal of, 4017 206 Improperly dismissed, may bring suit, 4019 209 Districts. (See City, Village, Special and Township Districts.) Division of Funds. When district annex to village 11 Donations. (See Bequests.) Education. (See Board of Education, Colleges, Schools.) Elections. Ballots, form of, for school elections 63 Bonds, issue of, for school houses, 3991 99 Centralization of township schools, for, 3927-2 39 City districts, board of education, election of, 3897, 3970-10 12, 76 Attached territory, voting in, 3898 25 Educational institutions, election of trustees and visitors by alumni, 3747, 3749 349, 351 Forms relating to High school election on question of bond issue for joint townships, 4009-15 195 Union of districts in township for high school purposes, election on bond issue, 4009-15 195 Lot, election decided by, when, 3970-10 76 Notice of, 3970-11 77 Special disticts, in, 3930, 3931, 3932, 3970-10 45, 46, 47, 76 Abandonment of, election for, 3935 50 Tax to exceed maximum allowed by law, vote on, 3959 62 Special tax, vote on, 3991 99 Teachers' institute, officers of, 4086 307 Tie vote, liov/ decided, 3970-10 76 Township districts, board of education of, 3915, 3970-10 32, 76 Attached territory, voting in, 3916 33 Village districts, board of education of, 3909, 3970-10 29, 76 Attached territory, voting in, 3910 30 Newly created district, election in, 3909 29 Women can vote, when, 3970-12 78 Registration of, 3970-12 78 505 GENERAL INDEX. Electors. Section. Attached territory, where to vote, 3898, 3910, 3916 25, 30, 33 Elementary Schools. Women are, for school oiRcers, 3970-12 78 Defined 185 Location of 185 When is 185 Employes. Board of education, of, 4017, 4017a 206, 207 Minor, proof of attendance at school required before em- ployment, 4022-2 226 Between fourteen and sixteen, must be able to read and write, 4022-3 227 Endowment Fund. College, how application of, changed, 3732 334 Corporation for, 3750 352 Schools specially endowed, 4105-67—4105-73 382, 388 English Language. English grammar, teachers' certificate must contain, 4074.. 295 Examination of teachers in literature, 4074 295 Youth who cannot read and write must attend school, 4022-3 227 Enumeration. Apportionment of state school funds by auditor of state, based on, 3956 58 By county auditor, 3964, 3966 65, 67 Clerk of board of education to make returns of, 4035 249 Compensation for taking, 4031 245 Excessive, action of state school commissioner, 4040 254 Failure to take, penalty, 4038 252 By clerk of board to make returns, action taken, 4036 250 Penalty for making fraudulent returns, 4041 255 Return by county auditor to state school commissioner, 4039 253 When county line divides original surveyed township, 4037 251 Township districts, who takes, 3921a 36 Youth of school age, includes whom, 4030 244 How taken, 4031 245 Evening School. (See Night School.) Examiner. (See City, County and State Examiners.) Examination Questions, see Appendix. School funds, of, 365 478 Adverse report, disposition of, 366 479 Compensation of, 365 478 Must not engage in matters forbidden by statute 289 Must take oath of office 289 Organization of board of 298 Power to grant certificates 294 Procedure in revocation of certificates 294 Probate judge has discretionary power to appoint and revoke appointment 289 Qualifications of 289 Revocation of certificates 294 Revocation of fraud 289 GENERAL INDEX. 506 Execution. (See Taxation.) Section School property exempt from, 3973 81 Executive Committee. Teachers' institute, of, 4086 307 Bond of, 4086, 4087 307, 308 Forfeiture of bond, 4089 310 Report of clerk, 4088 309 Expenditures and Receipts. Board of education, clerk to make annual report of, 4052 . . . 272 Publication of report, 4053, 4059 273, 279 Expulsion. (See Pupil.) Pupil from school, of, 4014 202 F Fees. (See Compensation.) Female. Suffrage of, in school elections, 3970-12 78 Fines. County auditor's duties as to, 3970 71 Fine Arts. Corporations for promoting, 3726-3771a. 328-381 Flag. United States flag, display of, 3986-1 94 Forms. Prepared by state commissioner of common schools, 359, 360. 4058, 4060 472. 473, 278, 280 Board of Examiners. Notice to teacher 294 Oath 289 Resolution 294 Resolution to revoke 294 City School Districts. Nomination by petition 13 Resolution as to pension fund 14 Classification and Change of District. Petition to board of education 10 Petition to probate court 10 Resolution of board accepting, etc 9 Resolution releasing, etc 9 Enumeration, Treasurer and Clerk. Application to proceed, etc 260 Certificate of treasurer's bond < 257 Entry, 259 Entry 260 Entry of Discharge 263 Notice of surety to be relieved from bond 258 Notice to official 258 507 GENERAL INDEX. Forms — Continued. Section. EivruMERATioN, ETC. — Continued. Oath of clerk, 270 Oath of treasurer 257 Order of election 260 Order on the treasurer 27i Order on treasurer when school funds are in a depos- itory 271 Petition 260 Report and certificate of school funds in treasury 257 Report of the treasurer of township, county, Ohio 264 Township clerk's bond 270 Township treasurer's bond 257 Provisions Applying to all Boards. Notice of election 77 Notice of sale 79 Notice of special meeting of board 86 Oath of members and other officers 87 Resolution for conveyance 82 Resolution where persons are suffering from contagious diseases 94 Schools and Attendance Enforced. Age and schooling certificate 226 Assignment of scholars to Central High School 196 Charge for removal of director of school director 206 Commitment 231 Complaint against juvenile disorderly person 231 Complaint against parent or guardian 231 Notice of pupil to board 242 Notice to employers of youth 226 Notice to parent or guardian 231 Notice to teacher of his election etc 206 Notice to truant 231 Order of dismissal 209 Report of truant officer 229 Teacher's contract 206 Warrant for the arrest of disorderly person 231 School Funds. Certificate of annual school levy 63 Entry 52 Final resolution 69 Notice to filing 52 Petition for consent of court to such action 52 Resolution of duty of treasurer 69 Resolution of transfer of funds 52 Resolution of, when bank presents its bond at the same time 69 School Houses and Libraries. Advertisements for bids 97 Bonds 97 Bonds 100 Certificate as to vote 100 Certificate for funds etc 95 Contracts, etc 97 Coupon 100 Lease to school district 95 Notice of election for bond issue 99 Notice of sale 100 Resolution for exchange lOOo GENERAL INDEX. 508 Forms — Concluded. Section. School Houses, etc. — Continued. Resolution of board, etc 100a Resolution on bond issue 99 Resolution to appropriate ■ 93 Resolution to issue and sell bonds 100 Special School Districts. Notice of meeting 47 Notice of time of election 47 Petition for formation of special school district 43 Petition to abandon, etc 50 Remonstrance 43 State Commissioner of Common Schools. Form of complaint 477 Township School District. Certificate of appointment of school director to fill va- cancy 36 Certificate of election of school director 36 Different modes of altering sub-districts 35 Minutes of appointment of schools 36 Minutes of sub-district school meeting 36 Notice of election in a new sub-district 36 Notice of sub-district meeting 36 Notice of sub-district school meeting for election of director 36 Oath to judges of election 36 Oath of school director 36 Petition to board for vote upon centralization....;... 39 Poll-book 36 Resolution of action of the board 37 Resolution of board upon submitting question to voters. 39 Tally-sheet 36 Fourth of July. Schools may be dismissed on, 4015.. 203 Funds. (See Sinking Fund.) Acceptance of bids 97 Accounts of, how kept, 3954 56 Auditor of state, duty of, 3954, 3955 56, 57 Advertisements for bids 97 Among schools, how kept 56 Apportionment of state funds by auditor of state, 3956, 3957 58, 59 By county auditor, 3964, 3966, 3967 65 Bequests to common school fund, how applied, 3955 57 Bidding for contract 97 Board must maintain 95 Cleveland school fund, use for library, 4002-18 149 Contingent levy by boards of education, 3958, 3960 60, 63 County commissioners to levy, when, 3969 70 Penalty for failure to levy, 3969 70 Debt of state, irreducible, common school fund shall con- stitute, 3954 " 56 Depository for, 3968 69 Distribution of by county auditor, 3965 66 Educational institutions, of, 3732, 3750 334,352 Fines to be collected by county auditor and paid into funds, 3970 71 How transferred 52b 509 GENERAL INDEX. Funds — Concluded. Section. Income from school lands, application of proceeds of Art. 6, Sec. 1 5 Investigation of, 364 477 Irreducible debt 53 Amount of 53 Appropriation of 58 Varies, etc 60 Lowest bid 97 Miami university fund, tax for 42 Distribution of state funds to 42 Ohio University fund, tax for 42 Distribution of state funds to 42 Ohio State University fund, tax for, 3951 51 Pension fund for teachers, 3897&-3897Z 14-24 Public lands, proceeds of sale of, 3953, 3954 55, 56 Rejection of bids 97 Salt and swamp lands, proceeds of sale of, 3952, 3952-1 53, 54 School fund, preservation of. Art. 6, Sec. 1 51 Settlement between district treasurer and auditor, 4044... 264 Special districts, division of fund when created, 3929 44 State common school fund tax for, 3951 51 State commissioner of common schools, duty as to, 358, 366, 471-479 Taxation, constitutional provisions for. Art. 6, Sec. 2 51 Tax levy, maximum for schools, 3959 62 Transfer of territory, division of funds, 3896 11 Treasurer of county, duties as to, 3956, 3957, 3960, 3963, 3965 3966 58, 59, 63, 64, 66, 67 Treasurer of district, receipts and disbursements by, 3960, 4047 63, 267 Amount he may have on hand, 4084 305 Vote on higher rate 62 G General Assembly. Laws to encourage schools, duty of, to pass, Art. 1, Sec. 7. . 5 Ohio State University, report to, 4105-53 453 State commissioner of common schools to report to, 361... 474 School funds, to provide for by taxation. Art. 6, Sec. 2 51 School laws can take effect upon authority other than. Art. 2, Sec. 26 . 5 Special districts created by act of, 3928 43 Tax for schools, shall levy, 3951 51 Wilberforce University, members may name pupils for ad- mission to, 4105-64 464 German Language. Teaching of authorized, 4021 222 Governor. College, fills vacancy among trustees, 3733 335 Military academy, is visitor of, 3758 363 Ohio State University, appointment of trustees, 4105-37 437 Deed for lands of, to execute and deliver, when, 4105-2. 402 School book commission, is a member of, 4020-11 211 State commissioner of common schools, to fill vacancy in ofBce of, 354 467 Report of, to be made to, when, 361 474 Wilberforce University appointment of trustees, 4105-55.. 455 GENERAL INDEX. 510 Guardian. Section. Children under care of, entitled to attend schools free, 4013. 201 Duties of, under compulsory education law, 4022-1 — 14, 225, 238 H Habitual Truant. Free school books 239 Notice to parent of truant 228 Relief to enable child to attend school 233 Sale of books to 214 Tuition for high school 242 Vicious and immoral conduct '. 228 What constitutes 228 Where may attend high school 242 Hazing. Penalty for 94a High Schools. Board of education may establish, 4009 192 Branches of study required, 4007-2 187 Certificate of work done by pupil, 4007-5 190 Value of, 4007-5 190 Classification of, 4007-4, 4007-6 189, 191 Defined, 4007-2 187 Diploma, what it shall contain, 4007-5 190 Establishment of 192 Examinations in special and sub-districts, for, 4029-1 240 Commencements, 4029-1 240 Compensation of examiners, 4029-2 241 Tuition, 4029-3 242 History of Public Schools, see Appendix. Payment of tuition of 242 Pupil entitled to attend 242 Report of by clerk of board, 4007-6 191 Penalty for failure to make, 4007-6 191 Township Districts in. Admission of pupils to, 4009-1 193 Board of education may establish, 4009 192 Management and control of, 4009-1 193 Tax levy for, 4009-2 194 Time, length of, to be continued, 4009-1 193 Township and joint township high schools, established by petition, 4009-15 195 Buildings, purchase or renting of, 4009-15 195 Election on question of tax levy for, 4009-15 195 Election for tax levy not necessary when, 4009-15. 195 Tax for, 4009-15 195 Teachers, employment of, 4009-15 195 Union of several districts within township for high school purposes, 4009-15 195 Tuition for high school 242 History of Public Schools. (See Appendix.) Holidays. Dismissal of schools on, without forfeiture of teacher's pay, 4015 203 Holidays named, 4015 203 511 GENERAL INDEX. Howe's Historical Collections of Ohio. Section. Boards of education authorized to purchase, 4020-15 215 Care of, how taken, 4020-15 215 I Infirmary. Corpse, surrender of, to medical college, 3763 370 Schools at, 4010 197 Institutes. (See Teachers' Institutes.) Interest. Irreducible school funds, interest on, 3952, 3954 53, 56 Investigation. School funds, of, by accountant, 364 477 Teacher, of, by board of examiners, 4073, 4081 294, 302 Irreducible School Fund. Accounts of, how kept, 3954 56 Amount 53 Original surveyed township, in two counties, how proceeds paid to, 3957 59 Public lands, sale of, proceeds of, how applied, 3953, 3954. . 55, 56 Salt and swamp lands, proceeds of sale of, 3952, 3952-1 53, 54 J Janitor. Board of education, power to employ 4017 206 Board of examiners may employ, 4075 296 Dismissal of by board of education, 4017 206 Teachers not required to do janitor work, 4018 208 Term of employment, 4017 206 Joint Sub-Districts. Abolished, 3923 38 Territory annexed to township, 3923 38 Judge. (See Common Pleas Court, Probate Court.) Juvenile Disorderly Person. Court for ,. Definition of, 4022-4 228 Proceedings against, 4022-8 232 K Kindergarten Schools. Boards of education may establish, 4020-18 218 L Language. (See English Language, German Language.) GENERAL INDEX. 512 Laws. Section. Encouragement of schools, for, passage of. Art. 1, Sec. 7. . . 5 Interpretation of, decisions, preparations and distribution of, 360 473 Schools, for, can take effect upon approval of authority other than the general assembly. Art. 2, Sec. 26.. 5 Law College. Organization of, 3767, 3768 374, 375 Law Library. Organization of, 3767, 3768 374, 375 Law School. Ohio State University, of, 4105-29 429 Lease. Form of Site for school house or right of way, lease of, 3987 95 Legal Adviser. Boards of education, who is, of, 3977 85 Ohio State University, who is, of, 4105-17 417 Legislature. (See General Assembly.) Library. Access to, 3998-1, 3998-10, 4002-42 103, 112, 172 Appropriation of money for, amount limited, 3998-6 108 Board of directors in certain cities, 4002-40 170 Duties of, 4002-41 171 Organization of, 4002-41 171 Powers of, 4002-41 171 Report of, 4002-43 173 Board of education may establish, 3998-1, 3998-6 103, 108 Appropriation for, 3998-6 108 Control of in certain cases, 3998-3 105 Funds for, how provided, payments from, 3998-4 106 Tax for, 3998-1, 3998-4 103, 106 Trustees of, 3998-2 104 Cincinnati library (See Cincinnati.) City districts of certain size may establish or acquire, 3998-9, 4002-39 Ill, 169 Board of managers, 3998-9—3998-11 Ill, 113 Fourth class, second grade, in, 4002-46 176 Funds, expenditure of, 3998-12 114 Report of, to board of education, 4002-48 178 Tax for, 3998-12, 4002-46—4002-49 114, 176, 179 Cleveland library. (See Cleveland.) Control of, vested in board of education, when, 3998-6 108 Dayton library. (See Dayton.) Donations, board may accept, 4002-44 174 Established how, 3998-1, 3999, 4002-39 103, 115, 169 Librarian, appointment, compensation of, 3998-11, 4002-41. .113, 171 Managers for certain libraries, 3998-10, 3998-11 112, 113 Museum, in connection with, 3998-7 109 Portsmouth library. (See Portsmouth.) 513 GENERAL INDEX, Library — Concluded. Section. Pre-existing library, how affected, 4002-45 175 Rules and regulations for, 4002-41 171 Tax levy for, 3998-4, 3998-12, 4002-45, 4002-46 106, 114, 175, 176 How expended, 3998-4, 3998-12 106, 114 Toledo library. (See Toledo.) Transfer of property by municipality Village districts may establish, 4002-39 169 Location. Ohio State University, 4105-18 418 School house, convenience of, 4007 185 Lot. Election decided by, when, 3970-10 76 M Manual Training. Boards of education may provide, 4020-18 218 Map. Attached territory, to be made of, 3898, 3910, 3916 25, 30, 33 Special districts, map of, 3928 43 Territory transferred from one district to another, map of, 3894, 3895 10 Township district, map of, 3921 35 Mechanics' Institute. Authority to borrow money, issue bonds, etc., 3768-1 376 Directors and trustees not personally liable for debts, 3768-1 376 Objects of institute, enlarged, how, 3768 375 Organic rules which may be prescribed in articles of in- corporation, 3767 374 Medical College. (See Colleges.) Bodies for dissection, may receive, 3763 370 Meetings. Board of education, city districts, 3897a 13 Special districts, 3933 48 Township districts, 3920 34 Village districts, 3911 31 City board of examiners, 4080 302 County board of examiners, 4071 291 Illegal, when, 3984 91 Ohio State University, trustees of, 4105-41 441 Special meetings, how called, 3978 86 Text-books, adoption of must be at regular meetings, 4020-14 . 214 Wilberforce University, trustees of, 4105-59 459 Member of Board of Education. Deduction of property 80 Deduction of property to 80 Liability of, for injuries to property 79 Title to property 80 GENERAL INDEX. 514 Memorial Day. Section. Schools may be dismissed without forfeiture of teacher's pay, 4015 203 Miami University. (See Normal Schools.) Military Academy. (See Academy.) Minor. Attendance at school of, when unable to read and write, 4022-3 227 Commitment to reformatory of, proceedings, 4022-8, 4022-9, 4022-11 232, 233, 235 Employment of, between certain ages, when schools are in session, unlawful, 4022-2 226 Money. (See Funds.) Month. School month, length of, 4016 205 Museum. Association, rules for organization of, 3767, 3768 374, 375 Board of education may establish, 3998-7 109 Dayton library board, may establish, 4002-38 168 Music. Special certificates in, may be granted, 4074 295 N Narcotics. (See Scientific Temperance.) Natural History Society. Regulations as to, 3767, 3768 374, 375 New Year's Day. Schools may be dismissed without forfeiture of teacher's pay, 4015 203 Night Schools. Provisions for, 4012, 4012a 199, 200 Nominations. By petition 13 Form of 13 Members of boards of education, by petition, 3897a 13 Non-Resident. Attendance at school, when permitted, conditions, 4013 201 By agreement of boards, 4022 223 When one and one-half miles from school house, 4022a. 224 Patterson graduates, privileges of, 4029-1, 4029-3 240, 242 515 GENERAL INDEX. Normal Schools. Section. Physical training must be provided in, 4020-17 217 Scientific temperance, instruction in, at, 4020-24 220 Penalty for failure to instruct, 4020-25 221 State normal schools established, 4094-1 326 Wilberforce University normal department at, 4105-54 — 4105-66 454, 466 Notice. Attendance at nearest school, notice to board not necessary, 4022O 224 Board of education, meetings of, 3978 86 Educational institutions, notice of meetings of stockholders, 3734 336 Purpose, name, notice of intended change, 3762a 368 Election, notice of bond issue, 3991 99 Board of education; members of, 3970-11 77 Special districts, election in newly organized, 3932.... 47 Abandonment of, 3935 50 Tax levy, election for, 3991 99 Township districts, election of director, 3921a 36 Teachers' notice of examination, 4071, 4080 291, 301 Text-books, publishers of, notice to, 4020-11 211 Boards of education, given to, 4020-12 212 Truancy, notice to parent, 4022-7 231 o Oath. (See Forms.) Board of education, members and clerk, of, 3979 87 Clerk of board of education, 3979, 4035 87, 249 Cleveland library, board, of members, 4002-6. 191 County auditor may administer, when, 4036 250 Election officers in townships, 3921a 36 Enumerator, of, 4031 245 School officers, of, 3979 87 Schools specially endowed, trustees of, 4105-70 385 Special examiner of teachers, 4078 299 State commissioner of common schools, of, 355 468 Office. (See various officers, by name.) State commissioner of common schools can not hold, other, 356 469 Officer. (See various officers, by name.) Charges against, investigation of, 364-366 477, 479 Oath of school officers, 3979 .' 87 Ohio State University. — Columbus. Analysis of minerals, by professor of, 4105-27 427 Appropriations for apparatus, equipment, etc., 4105-28.... 428 Attorney-general legal adviser of board of trustees, of, 4105-17 417 Board of Teustees. Faculty, compensation of, to fix, 4105-44 444 Further duties of board, 4105-11, 4105-40 411, 440 Grants and devises of land may be received by, 4105-15 415 GENERAL INDEX. 516 Ohio State University — Concluded. Section. Board of Trustees — Continued. Management and control of, to be vested in, 4105-13... 413 Powers and duties of, 4105-39 439 Provide for lecturers, board may, 4105-12 412 Branches taught at, 4105-45 445 Ceramics, department of, 4105-30—4105-34 430, 434 Law department of, 4105-29 429 Certain acts repealed, 4105-25 425 Clay working and ceramics, course in, 4105-30 430 Established, name of, 4105-9 409 Fund of, 3951 51 Irreducible debt of state, part of, 4105-43 443 Interest on fund of agricultural college, invested, how, 4105-46, 4105-47 446, 447 Laboratory apparatus, models, and machinery, to be provid- ed, 4105-26 426 Lands. Accepted by state from United States, 4105-19 419 Board may sue for lumber cut off such lands, 4105-20. . 420 Compensation and proceedings of appraisers, 4105-22.. 422 Deeds, how made and execut?d, 4105-23 423 Occupant may purchase additional land, 4105-21 421 Occupant claiming exemption to comply with law of congress, 4105-21 421 Payments, how made and secured, 4105-23 423 Record of contract to be made and kept, 4105-23 423 Sale of, public or private, 4105-23 , 423 Proceeds of sale, disposition of, 4105-24 424 Survey to be made by trustees, 4105-21 421 Title to, vested in trustees, 4105-21 421 Tracts to be numbered and appraised, 4105-22 422 Trustees to sell other lands, 4105-21 421 Unsold land to be divided into tracts, 4105-22 422 Law school, provisions for, 4105-29 429 Location of college, etc., 4105-18 418 Meetings of board, 4105-41 441 Mines, school of, 4105-26—4105-28 426, 428 Named "The Ohio State University," 4105-36 436 Objects of college, 4105-9 409 Officers of board, their duties, etc., 4105-14 414 Professors employed to teach, 4105-27 427 Pupils who may be admitted as, 4105-12 412 Report of trustees, 4105-42 442 Residence for faculty may be erected by trustees, 4105-24. . 424 Style and powers of board of trustees, 4105-10 410 Tax levy for, 3951 51 Terms of office of trustees, compensation and vacancies, 4105-38 438 Title of lands to vest in the state, 4105-16 416 Trustees authorized to make certain deeds, 4105-48 448 Virginia military lands, I'elief of buyers, 4105-50 450 Written analysis of fertilizers to be furnished, how, 4105-35. 435 Ohio University. — Athens. Admission of pupils Distribution of fund Sale of certain lands, 4105-1 401 Deed for, 4105-2—4105-4 402, 404 ■ Proceeds of, 4105-5 405 517 GENERAL INDEX. Ohio University ( Athens ) —Concluded. Section. Tax on lands donated to, 4105-6—4105-8 406, 408 Tax for Order. Teachers' pay, for, illegal, when, 4051 270 Treasurer, order on, how drawn, 4047 267 Must produce order for all disbursements, 4044 264 Orphan Asylum. Schools at, provisions for, 4010 197 Original Surveyed Township. Apportionment of funds, when county line divides, 3966... 67 Funds how paid in such cases, 3957 59 Enumeration, when divided by county line, 4037 251 P Parent. Duty of, to send minor children to school, etc., 4022-1 225 Violation of act relating to, 4022-3 227 Patterson Law. Compensation of examiners, 4029-2 241 County commencements, 4029-1 240 Examinations, branches of study, 4029-1 240 High school attended, character of, 4029-4 243 Township commencements, 4029-1 240 Tuition, payment of, 4029-3 242 Penalty. Board of education, for failure to levy contingent fund, 3969 70 Clerk of board of education, for failure to make report, 4061 281 Corporation, unlawful employment of minors, 4022-2, 4022-3, 4022-11, 4022-12 226, 227, 235, 236 Corpse, detention of, 3763 370 County auditor, failure to make statistical report, 4060, 4061 280, 281 For failure to make enumeration return, 4063 283 Enumeration return, fraudulent, 4041 255 Parent or guardian, liable, when, 4022-7, 4022-11, 4022-12, 231, 235, 236 School officers, non-enforcement of compulsory education law, 4022-11 235 Teachers' institute, executive committee, failure of, to re- port, 4088 309 Pension Fund for Teachers. Appropriation for by board of education, 3897Z 24 Board of education may create, 3897& 14 Created and invested, how, 3897c 15 Death of teacher, who shall receive, 38977i 20 Deductions from teachers' salaries, 3897/ 18 GENERAL INDEX. 518 Pension Fund for Teachers — Concluded. Section. Form of resolution 14 Participants in fund 15 Penalties, fines, etc., to be paid into fund, 3897fc 23 Pension, amount of, 3897(Z 16 Persons entitled to, 3897fZ 16 Principal and income can be used, 3797e 17 Resignation or removal of teacher, rebate, 38977i 20 Retirement of teacher, 3897(Z 16 Rules and regulations, 3897i 21 "Teacher" defined, 3897(Z 16 Treasurer of funds, 3897fir 19 Trustees, number, election, term, 38976 14 When insufficient to pay teachers, 3897(Z 16 Personal Property. (See Property.) Petition. Centralization of township schools, for, 3927-2 39 Evening schools, for, 4012 199 Forms relating to Nominations by, 3897a 13 Special district, creation of, 3928 43 Transfer of territory, for, 3895 10 Physical Training. Instruction in, required, virhere, 4020-17 217 Plat. Property to be appropriated for school purposes, plat of, 3990 9§ School district, plat of, 3894, 3895, 3898, 3910, 3916, 3921, 9, 10, 25, 30, 33, 35 Portsmouth. Libraries, consolidation of, 4003 180 Library committee election of, 4004 181 Powers and duties of, 4005, 4006 182, 183 Vacancies in, how filled, 4004 181 President. Board of education, of, election, 3897a, 3911, 3920, 3933, 13, 31, 34, 48 Absence of at meeting, who acts, 3983 90 Order on treasurer, must sign, 4047 267 Record of proceedings, must sign, 3984 91 City board of examiners, of, election, 4079 300 Clerk of board of education, bond of, to be filed with, 4050. 270 County board of examiners, election of, 4070 290 Educational institutions, of, 3728 ■. 330 Libraries in certain cities, member of board, is, 3999.... 115 Process on board of education, served on, 3976 84 Teachers' institute, of, election, 4086 307 Private Schools. (See Colleges and Universities.) Report of, required, 363 476 Specially endowed, trustees for, 4105-67 382 Accounts of trustees, 4105-71 386 Bond of trustees, 4105-70 385 519 GENERAL INDEX. Private Schools — Concluded. Section. Specially endowed — Continued. Duties of trustees, 4105-69 384 Oath of trustees, 4105-70 385 Vacancies, how filled, 4105-68 383 Visitors of, 4105-72 387 Probate Judge. Appropriation of property for school purposes, jurisdic- tion, 3990 98 Compulsory education law, jurisdiction of, 4022-7, 4022-8 — 4022-11 231, 232, 235 County examiners, appointment of, 4069 289 Report of appointment, 4069 289 Revocation of appointment, 4069 289 Deaf children, report of, to be returned to, 4022-10 234 Special districts, petition for creation of, when filed with, 39.28 , 43 Change of boundary of, 3929 . /. 44 Costs, security for, 3928 43 Fees, same as in civil cases, 3929 44 Funds, division of, by, 3929 44 Hearing on petition, 3929 44 Jurisdiction of, 3929 44 Notice of hearing, 3929 44 Petition, when district in two or more counties, 3928. . 43 Remonstrance against formation of, 3928 43 Tax valuation of district, minimum, 3928 43 Transfer of territory, petition for, 3895 10 Costs, security for, 3895 10 County auditor, certificate filed with, 3895 10 Funds, division of, 3896 11 Hearing on petition, 3895 10 Jurisdiction of, 3895 10 Notice of hearing, 3895 10 Petition, when district in two or more counties, 3895.. 10 Process. Service of, on boards of education, 3976 84 ■Professors. Educational institutions, appointment of, for, 3726 328 Faculty, pi'ofessors are members of, 3728 330 Powers of, 3728 330 Military academies, professors are members of board, 3757. 362 Ohio State University, employment and dismissal of, at, 4105-11 411 Ceramics, department of, instructor in, 4105-33 433 Chemistry, analysis of fertilizers to be furnished by professor in, 4105-35 435 Compensation of, how fixed, 4105-44 444 Mines and mine engineering, instructor in department of, 4105-26, 4105-27 426, 427 Residences may be erected for faculty, 4105-24 424 Universities of municipalities, 4099 394 Property. School property, how sold or exchanged, 3971 79 Exempt from taxation or execution, 3973 81 Title to, iu whom vested, 3972 80 GENERAL INDEX, 520 Prosecuting Attorney. Section. Board of education legal adviser of, 3977 85 Can not enjoin application of money, etc 85 Compensation of, 3977 85 Shall not be a member of board, 3977 85 Funds, fraudulent use of, duty as to report of examiner of, 366 479 Teachers' institutes, duties as to, 4089 310 Public Library. (See Library.) Publication. Board of education, sale of property by, 3971 79 Building and repairing, bids for, 3988 97 Receipts and expenditures, by clerk of, 4053 273 City board of examiners, meetings of, 4080 301 County board of examiners, meetings of, 4071 291 Election notice, 3970-11 77 Publishers. Text-book law, requirements of, 4020-10 — 4020-14 210, 214 Pupils. (See Attendance.) Age and schooling certificate 226b Assignment of by board of education, 4013 201 Attendance when more than one and one-half miles from school 224 Compulsory education of 225 Employed in factory 226a Employed in mining 2266 Expulsion of, 4014 202 Failure to instruct 208 Law unconstitutional 225 Notice to employers of 226& Payment of tuition 242 Relation to teacher 208 School week 208 Subject to corporal punishment 208 Subject to expulsion 208 Suspension of, 4014 202 Tuition for high school 242 Tuition of, may be paid by agreement between boards, 4022 223 When is a juvenile person disorderly 228 When may attend high school 242 Where may attend 242 Q Qualifications. Examiners of, 4069, 4077 289, 298 Teachers in common schools, 4074 295 In city and village districts, 4078, 4084 299, 305 Quorum. Board of education, of, what constitutes, 3982 89 Business that a majority of a quorum cannot transact, 3982 89 Educational institutions, what constitutes, 3745 347 521 GENERAL INDEX. Quorum — Concluded. Section. May make all reasonable 92 Rules of board 89 What are proper rules 92 What constitutes 89 Real Property. (See Property.) Receipts and Expenditures. Board of education, clerlt of to prepare and forward to county auditor, 4052, 4057 272, 277 Publication of, 4053 273 Record. Board of education, how kept, 3984 91 Approval of, 3984 91 Public record, is, 3984 91 Bonds, record of issue, 3992 100 Educational institutions, of, 3762a 368 Relief. Board of education may afford to needy children, 4022-9 . . . 233 Religion. School funds, religious sect shall have no control of. Art. 6, Sec. 2 51 Reports. Board of education, financial and statistical, 4052, 4057, 4058 272, 277, 278 City board of examiners, to state school commissioner, 4084 305 Appointment of, report, 4077 298 City districts, publication of reports, 4059 279 Cleveland library board of, report, 4002-8 139 Clerk of board of education, of, 4052, 4057, 4058 272, 277, 278 Enumeration, report of, to auditor, 4035 249 Failure to make, other person to be appointed, 4060. .. 280 Financial, publication of, 4053 273 Penalty for failure to make, 4061, 4062 281, 282 Teachers' report to be filed with, before order is drawn for pay of, 4051 271 Colleges, report of, 363 476 Copies of all reports may be required by the state com- missioner, 358 471 County auditor, to state commissioner, 4060 280 Enumeration returned by, to state commissioner, 4039 253 Penalty for not making, or for making fraudulent re- ports, 4041, 4061, 4063 255, 281, 283 Report of clerk to, failure to make, auditor may ap- point other person, 4062 282 County board of examiners, clerk of, to make, 4070, 4072, 4076 290, 293, 297 Dayton public library board, to report to board of educa- tion, 4002-38 168 GENERAL INDEX. 522 Reports — Concluded. Section. Enumeration return by clerk to auditor, 4035 249 County auditor to state commissioner, 4039 253 Original surveyed township, by auditor, 4037 251 Examiner of school funds, report of, 365 478 Libraries in certain cities and villages, report of, 4002-43 . . 173 Ohio State University, report of teachers, 4105-42 442 Board of claims, report of 4105-53 453 Portsmouth library committee, report of, 4005 182 Private schools, report required, 363 476 Probate judge, appointment of school examiners, 4069 289 State commissioner of common schools, report of, 361, 362.474, 475 Superintendent of schools of, 4059 279 Teachers, report of, 4022-6, 4059 230, 279 Report must be filed w^ith clerk before order is drawn for pay of, 4051 271 Toledo library, report as to, 4002-29 159 Treasurer of board of education, to auditor, 4044 264 Truant officer, reports of, 4022-5, 4022-9, 4022-10 229, 233, 234 Penalty for failure to make, 4022-11 235 Visitors to certain endowed schools, to report, 4105-72 387 Wilberforce University report of trustees, 4105-63 463 Representative. (See General Assembly.) Returns. (See Elections, Reports.) Revocation. (See Certificate.) Rules and Regulations. Board of education, 3985 92 County board of examiners, for, 4070 290 Libraries, made by board of education, for, 3998-10 112 Cincinnati library, for, 3999a 116 City and village districts, for, 4002-41 171 Cleveland library, for, 4005 141 Portsmouth library, for, 4005 182 Toledo library, for, 4002-28 158 Teachers' pension fund, for, 3897i 21 Vaccination, rules for, 3986 93 s Sale. Boai-d of education, sale of property by, 3971 79 Text-books, sale of, 4020-10—4020-14 210, 214 Salt and Swamp Lands. Proceeds of sale of, how applied, 3952, 3952-1 53, 54 Salaries. (See Compensation.) May be increased, but not diminished, 4017 206 Scholarships. stock of colleges, etc., may be changed into, 3730 332 523 GENERAL INDEX. Schools. Section. Admission of non-residents, by agreement of boards, 4022. 223 Children's homes, schpol at, 4010 197 Closing of, on holidays, 4015 203 During session of teachers' institute, 4091 312 Continued, must be, how long, 4007 185 Conveyance of pupils, to, 3922, 3934 37, 49 Deaf children, schools for, 3901 (1-7) 27 Dismissal of, on holidays, 4015 : 203 Teachers, to attend institute, 4091 312 Examination of schools, by city board of examiners, 4078.. 299 Evening schools, 4012, 4012a 199, 200 Free to whom, 4013 201 German language, in, 4021 222 Graduating examinations for high school attendance, 4029-1 240 High schools, 4007-2—4009-15 187, 195 Teachers' certificate in, 4074 295 History of. See Appendix. Infirmary, schools at, 4010 197 Janitor of, 4017 206 Number of, required, 4007 185 Orphans' asylum, schools at, 4010 197 Physical training in, 4020-17 217 Private schools, report of, 363 476 Pupils, admission of, etc., 4013 201 Attendance enforced, 4022-1 225 Non-resident, attendance of, 4013, 4022, 4022a... 201, 223, 224 Scientific temperance instruction, in, 4020-23 219 State commissioner of common schools, as to, 354 — 366... 467 479 Studies, 4007-1, 4007-2 186, 187 Text-books, in, 4020-10—4020-14 210, 214 Zanesville charity school, 4011 198 School Books. (See Text-Books.) School Book Commission. Membership of, 4020-11 211 Price of text-books, maximum, fixed by, 4020-11 211 Publishers, failure to furnish books, action by commission, 4020-13 213 School Director. Duties of" 36 School Districts. (See City, Village, Special and Township.) Classification of, 3885 1 Territory, transfer of, 3894, 3895 9, 10 School Funds. Certificate of annual levy 63 Constitutional provisions for 51 Division of funds 62 Form of petition 52b Hearing of petition 52& Irreducible debt 53 Notice of filing 52& Petition in common pleas court 52& Procedure in common pleas court 52& Resolution 52& Transfer of 52a Vote on higher rate 62 GENERAL INDEX. 524 School Houses. Section. Advertising by board of education for bids for building, etc., 3988 97 Appropriation of land for, 3990 98 Appropriation of property for 98 Bids for erection 97 Boards must act as an entirety 97 Boards of education, to provide, 3987 95 Directions for bidding for and letting contracts, 3988 97 Bonds for, 3992, 3994 100, 102 Bonds issued for 99 Building, repairing, etc., 3987 95 Certificate as to vote 99 Certificate of funds 100a Certificate of funds before contract made 95 Contracts, directions for bidding and letting, 3988 97 Contracts for school purposes 100a Directors — Subordinate board in management 95 Election on bond issue 99 Entertainments, use of school house for, 3987-1 96 Exempt from taxation and execution, 3973 81 Pence around 95 Flag, display of, 3986-1 94 Form of 96 Form of bond 100, 97 Form of contract 97 Form of resolution 99 For what purpose may be used 96 How located 95 Lease for 95 Liability of individual member 96 Lowest bidder 95 May employ counsel to appropriate 98 Must be lowest bid 97 Must provide convenient egress 95 Notice of election 99 Notice of sale 100 Payment of bond 100 Refunding bonds 100a Resolutions to appropriate 98 Resolution on bond issue 99 Resolution to exchange 100a Resolution to issue and sell bond 99 Resolution to refund 100a Restriction as to 100a Restriction as to contracts made for 95 Should be made in writing 96 Taxation, exempt fi^om, 3975 81 Tax levy for, when and how submitted to voters, 3991 99 Bonds of, 3992 100 Certificate of levy, to county auditor, 3993 101 When board will be enjoined 95 School Property. Assessments against 81 Constitutional provision 81 Executions against 81 Exempt from taxation 81 Insurance of 81 525 GENERAL INDEX. School Property — Concluded. Section. May be sold on foreclosure of mortgage 81 Mechanic's liens on 81 When 81 School Rooms. Renting of by board of education, 3987 95 Schools Specially Endowed. Provisions relating to, 4105-67 — 4105-73 382, 388 School System. Basis of 1 Sec. 16 given for school purposes 1 Scientific Temperance. Board of education, to require instruction in, 4020-23 153 Educational institutions, required to teach, 4020-23 153 Normal schools, instruction in, at, 4020-24 154 Penalty for non-enforcement, 4020-25 155 Regular branch of study, to be, 4020-23 153 State commissioner of common schools, duties as to, 4020-24 154 Teachers' certificates, not granted without examination in, 4020-24 154 Institute, instruction at, 4020-24 154 Secretary of State. Educational institutions, articles of incorporation filed with secretary, 3726, 3762a 328, 368 Fees of, 3762a 368 School book commission, is a member of, 4020-11 211 State commissioner of common schools, bond of, to be filed with, 355 468 Section Sixteen. Enumeration of youth, in, 4030 244 Funds derived from, investment of, 3953, 3954 55, 56 Senator. (See General Assembly.) Session. Schools of, length of time, 4007 185 Settlement. Treasurer of district, with county auditor, 4044, 4045.... 264, 265 Sinking Fund. * Board of education shall establish, when, 3970-1 72 Board of commissioners of, 3970-1 72 Investment of, 3970-2 73 Orders on, how drav/n, 3970-4 75 Refunding debt, 3970-3 74 Report by clerk of, 3970-4 75 Securities may be sold, 3970-2 73 Sites. Board of education to furnish, 3987 95 Bonds for, 3992, 3994 100, 102 GENERAL INDEX. 526 Solicitor. (See City Solicitor.) Section. Special Districts. Abandoned, how, 3935 50 Board of education, membership of, 3930 45 Election of, 3930 45 Organization of, 3933 48 Terms of members, 3930 45 Classification of, 3885, 3891 1, 6 Clerk of board of education, election of, S933 48 Compulsory attendance in, 4022-1—4022-14 225, 238 Contiguous territory defined 7 Continuance of district, 3933 50 Conveyance of pupils, 3934 49 Created by act of general assembly, legalized, 3928 43 Defined, 3891 6 Election in, how conducted, 3931 46 In new district, 3932 47 On abandonment, 3935 50 Established by petition, 3928, 3929 43, 44 Form of petition for 43 Funds, division of on creation of, 3929 44 How abandoned 50 Must be created under general laws 6 Notice, etc -. 47 Officers of, continued in office, 3928 43 President, election of, 3933 48 Procedure to establish 43 Reasons for establishing 43 Remonstrance against 43 Sub-district is not school district 7 Tax levy, maximum for, 3959 62 Territory transferred from one district to another, 3894, 3895 9,10 Time of election 47 Treasurer, election of, 4042 256 Tuition, payment of under "Patterson Law," 4029-3 242 When may be 43 When constitutional 43 Special Meetings. Boards of education, of, 3978 86 Notice necessary, 3978 86 State Board of Examiners. Appointment of, 4065 285 Certificates issued by, 4066 ^ 286 Compensation of members, 4068 T 281 Examination fees, disposition of, 4068 288 Term of members, 4065 285 Vacancies in, how filled, 4065 ." 285 State Commissioner of Common Schools. Appeal to applicants for teachers' certificate, 4085 306 Board of examiners, report of appointment of members of, to, 4069, 4077 289, 298 Report of board, to, 4076, 4084 297, 305 Bond of, 355 468 Books and papers, preservation of, 356 469 527 GENERAL INDEX. State Commissioner of Common Schools — Concluded. Section. City districts, may sub-divide when board fails to act, 3897 12 Colleges, reports of, to, 363 ' 476 County auditor, reports of, to, 4039, 4060 . ; 253, 280 Duties. Attendance of, at ofBce, required, 356 472 Certificate to county auditor for receipt of reports, 4064 284 Examination questions, uniform system prescribed, duties as to, 4071a 292 Forms prepared, and furnished, by, 359, 360, 4058.472, 473, 278 Laws, preparation and distribution of, 360 473 School funds, investigation of, duties as to, 364 477 Scientific temperance instruction, duty as to, 4020-23 — 4020-25 219, 221 Visitations by, 357 470 Election of, 354 467 Enumeration return to, 4039 253 Action by, when enumeration excessive, 4040 254 Forms for blank books, report blanks, etc., prepared by, 359, 360, 4058 472, 473, 278 High schools, shall classify, 4007-6 191 Office of, where located, 356 469 Report of, publication, contents, 362 475 Copies of all reports of school officers and any other information may be required by the commissioner 358, 4058 471, 278 School book commission, is a member of, 4020-11 211 School funds, supervision over, 358, 364 471, 477 State board of examiners, appointment of members, by, 4065 285 State certificates, countersigned by, 4067 287 Superintendent or teacher, commissioner shall not be, 356 469 Teachers' institute, report of, to, 4086, 4088, 4094 307, 809, 315 Commissioner may hold institute, when, 4090 311 Term of, 354 467 Text-books, filed at office of, 4020-10 210 Notice to boards of education. 4020-12 212 Price, maximum, fixing of, 4020-11 211 Publishers' list price, filing of, 4020-10 210 Notification to, 4020-11 211 Vacancy in office, of, how filled, 354 467 State Common School Fund. (See Funds.) State Certificate. (See Certificate.) State School Book Commission. (See School Book Commission.) State Treasurer. Bond of state commissioner of common schools, to be filed with, 355 468 Statistics. (See Appendix.) Report of, 4052, 4057, 4058, 4059, 4060 272, 277, 278, 279, 280 Statutes. Interpretation of , Stockholder. Educational institutions, assessments of, 3753-3756 358, 361 GENERAL INDEX. 528 Studies. (See Branches of Study.) Section. Sub-districts. (See Director.) City districts, certain cities shall be sub-divided, 3897 12 Redistricting, 3897 12 State sctiool commissioner to act wtien board fails, 3897 12 Township districts, election of director, powers and duties, 3921a 36 Certificate of appointment 36 Enumeration taken by director, 3921a 36 Existing sub-districts recognized for school attendance, 3921 35 Form of minutes 36 Form of poll-book 36 Form of tally-sheet 36 Change of, 3921 35 Minutes of appointment of school director 36 Notice 36 Notice of sub-district school meeting 36 Oath of judges at election 36 Special meeting in sub-district 36 Summons. Board of education, summons for, 3976 84 Superintendent of Buildings. Appointment of by board of education, 4017 206 Superintendent of Schools. Appointment of, 4017, 4017a 206, 207 Board of education, elected by, 4017, 4017a 206, 207 C?ty boards of examiners, to give information to, 4078 299 Compensation of fixed by board of education, 4017 206 Duties of, 4017a 207 Employment of, 4017, 4017a 206, 207 Order for pay of, when illegal, 4051 271 Penalty for failure to enforce temperance instruction law, 4020-25 221 Private teacher, is judge of qualifications of, 4022-1, 4022-3.225, 227 Pupils may be excused from attendance by, 4022-1 225 Suspension of, by, 4014 202 Reports required of, 4052, 4057-4059 272, 277, 279 Teacher, shall appoint in city districts, 4017a 207 Suspension of, by, 4017a 207 Term of, maximum, 4017, 4017a 206, 207 Truant officer, directions to, by superintendent, 4022-5, 4022-7 229, 231 Report of, to superintendent, 4022-5 229 Suspension. Director in city districts, may be, 4017 206 Pupils may be suspended from schools, 4014 202 Schools may be suspended in sub-districts, when, 3922 37 Discontinued in sub-districts, when, 3927-2 39 Schools specially endowed, suspension of trustees of, 4105- 68 383 Teacher may be, by superintendent in city districts, 4017a. . 207 529 GENERAL INDEX. Swamp Lands. Section. Interest upon proceeds of sale of, disposition of, 3952, 3952-1 53,54 T Tax. Assessment 81 Board of education, regular tax levy, by, 3958 60 Certificate of, to county auditor, 3960 63 Maximum levy by, authorized, 3959 62 Special levj'' by, election for, 3993 101 Cleveland, for library purposes, how expended, 4002 ' 131 Library property in, exempt from, 4002-5 136 Manual training school, tax for, 4020-18 218 Sinking fund for library board, 4002-16 216 Compulsory education law, tax authorized, when, 4022-13.. 213 Constitutional provision 81 Dayton, for library purposes, 4002-35, 4002-36 165, 166 Election on question of special levy, 3959, 3991 62, 99 High schools, township districts, tax for, 4009-2 194 Township or joint township high school, election on question of levy for, 4009-15 195 Election not necessary, when, 4009-15 195 Library, levy for in certain cities and villages, 4002-39 — 4002-45 169-175 City districts, second class, fourth grade, tax for, 4002- 46—4002-49 176-179 Maximum levy for all districts, 3959 .... 62 Ohio State University, tax for, 3951 51 Ohio University, lands of, on, 4105-4, 4105-6, 4105-7 404, 406, 407 Portsmouth, tax for library, 4006 183 Property of board of education, exempt from, 3973 81 School property, exempt from taxation. Art. 12, Sec. 2, 3973- 81 School property, exempt 81 School tax paid by non-residents to be credited on tuition, 4013 201 Special levy, election on question of, 3991 99 Certificate of, to county auditor, 3993 101 State school tax, 3951 51 Tax levy, maximum for schools, 3959 62 Estimate for, certified to county auditor, 3960 63 Levy to exceed maximum, must be submitted to vote, 3959. 62 Universities of municipalities, for, 4104 202 Teachers. (See Appendix.) Application of old teachers first considered 206 Appointment of, 4017, 4017a 206, 207 Attachment of salary '. 206 Can punish if forbidden by parent 208 Can not collect compensation unless has proper certificate. 295 Causes for 209 Certificate, granting of, 4066, 4073, 4081 286, 294, 302 Branches of study necessary, 4020-24, 4074, 4078.. 220, 295, 299 Elementary, 4074 295 Fee required for, 4068, 4071 288, 291 High school, 4074 295 Original or copy must be filed with the clerk of the board of education, 4051 271 GENERAL INDEX, 530 Teachers — Continued. Section. Certificate — Continued. Prerequisite to employment of, 4051, 5074 271, 295 Revocation of, 4067, 4073, 4081 287, 294, 302 Special, 4074 29'j Compensation of, how fixed, 4017 20ri Discretion of board 209 Dismissal of, 4009-1, 4017, 4017a 193, 206, 207 For insufficient cause, may institute suit, 4019 209 Duties of, 4018 208 Elementary schools, certificates foi% 4074 295 Employed as, who may be, 4074 295 Employed at meeting of board 206 Epidemic, shall receive pay when schools are closed on account of, 4017 206 Examination of, for certificates, 4071, 4071a, 4073, 4074, 4078, 4080, 4081 291, 292, 294, 295, 299, 301, 302 Extent of time and place as to punishment 208 Form of contract 206 Form of order 209 Good moral character 294 High schools in townships, teachers in, 4009-1 193 Certificates for, what required, 4074 295 Holidays, may dismiss schools on, 4015 203 How exercised 208 If allowed to serve after dismissal, this is a waiver 206 If refused, may appeal to state commissioner 306 Immorality 209 Improper conduct 209 Institute, may organize, 4086, 4092 307, 313 Schools may be dismissed for teachers to attend, 4091. . 312 Teachers shall receive pay for attendance, 4091 312 Investigation of, by county examiners, 4073 294 Janitor work not required of, 4018 208 Liability for failure to instruct 208 Measure of damages where dismissed 206 Member can not vote for relation 206a Minimum salary 206a Neglect of duty 209 Order for pay of, when illegal, 4051 271 Order of dismissal 209 Pension fund (See pension fund for teachers). Power to expel , 208 Power to inflict corporal punishment 208 Pupil's age does not effect 208 Qualifications for employment in schools, 4020-24, 4074 220, 295 Relation of to pupil 208 Report of schools, required by, 4022-6, 4051, 4059 230, 271, 279 Revocation of certificate 294 Salary can not be diminished 206 Scientific temperance, must be examined in, 4020-24 220 State commissioner of common schools, duties as to, 357, 4085 470, 306 Statutory requirements must be complied with 206 Suspension of pupils, by, 4014 202 Term of appointment, maximum, 4017, 4017a 206, 207 Trial 209 Unlawful reward for vote 206o What are reasonable rules 208 What should be taken into consideration 208 531 GENERAL INDEX. Teachers— Concluded. Section. What will defeat his recovery of compensation 206 When excessive 208 When illegal 208 Written charge 209 Teachers' Institute. Bond of executive committee, 4086 307 Forfeiture of bond, 4089 310 City districts, institutes for, 4092 313 Funds for, how provided, 4072, 4084 293, 305 County auditor to pay to executive committee, 4087. . . . 308 Unexpended balance to be returned to county treasury, 4087 308 Organization of, 4086 307 Purpose of, 4086 307 Report to state commissioner of common schools, 4088, 4094 309, 315 Penalty for failure to report, 4088 309 Scientific temperance, instruction in, required, 4020-25 221 Sessions, length of, 4094 315 State commissioner of common schools, to visit, 357 470 May hold institute, when, 4090 311 Teachers may dismiss school to attend, 4091 312 Shall receive pay for attendance, 4091 312 Temperance. (See Scientific Temperance.) Territory. Adoption of 210 Annexed for school purposes, 3893 8 Detached for school purposes, 3886, 3888, 3890 2, 3, 5 Disposal of text-books 214 Price to be paid 214 Purpose of law 214 Selection of 214 Transfer of, 3894, 3895 -. 9, 10 Text Books. Adoption of by boards of education, 4020-14 214 Board of education, may appoint agent for sale of, 4020-14. . 214 Failure of publishers to furnish, action taken by board, 4020-13 213 Notice to, of publishers entitled to sell books, 4020-12.. 212 Purchase and sale of, by, 4020-14 214 Exchange of, with pupils, 4020-14 214 Failure of publishers to furnish, action to be taken by com- mission, 4020-13 213 Filing of, in office of state school commissioner, 4020-10. . . . 210 Free school books, 4026 239 Notice to publishers, 4020-11 211 Price of, how fixed, 4020-11 211 Publishers' price, filing of, 4020-10 210 School Book Commission, how constituted, duties, 4020-11, 4020-13 211, 213 Thanksgiving Day. Dismissal of schools, on, 4015 203 GENERAL INDEX. 532 Tie Vote. Section. Election of member of board of education, tie vote decided by lot, 3970-10 76 Toledo. Library. Access to, free to residents of city, 4022-28 158 Board of trustees, 4002-21 151 Bonds, for library, 4002-23, 4002-24, 4002-27 153, 154, 157 Donations, trustees may accept, 4002-31 161 Establishment of, tax for, 4002-19 150 Librarian and assistants, employment of, 4002-23 153 Management of, 4002-21 151 Organization of board, powers, duties, 4002-23, 153 Penalty for injuring library property, 4002-30 160 Report of trustees, 4002-29 159 Site for library, how acquired, 4002-25—4002-26 155, 156 Transfer of property from board of education to li- brary board, 4002-22 152 University of Toledo, provisions applying to, 4095-4105. .. .389, 400 Toledo University. Provisions applying to, 4095-4105 389, 400 Township Districts. Attached territory, assignment of, 3916 33 Electors in, voting of, 3916 33 Board of education, election of, 3915, 3970-10 32, 76 Meetings of, 3920 34 Special meetings, how called, 3978 86 Membership of, 3915 32 Organization of, 3920 34 Centralization of, 3922, 3927-2 37, 39 Classification of, 3885, 3890 ' 1, 5 Clerk of. (See clerk of board of education.) Commencements, held in, 4029-1 240 Expenses of, how paid, 4029-2 241 Compulsory attendance, in, 4022-1—4022-14 225, 238 Contingent fund, apportionment to, 3964, 3966 65, 67 Defined, 3890 5 Director, election of, 3921a 36 Enumeration taken by, 3921a 36 Powers and duties of, 3921a 36 Forms relating to High schools in, 4009, 4009-1, 4009-2, 4009-15 192, 193, 194, 195 Joint sub-districts abolished, 3923 38 Attached to township district, 3923 38 Map of, filed with county auditor, 3923 38 Map of, 3921 35 Sub-districts recognized for school attendance, 3921 35 Discontinued, when, 3922, 3927-2 37,39 Number of schools required in, 4007 185 Schools of, continued same length of time, 4007 185 Tax levy authorized, maximum, 3959 62 Teacher, election of, in, 4017, 4017a 206, 207 Territory transferred, how, 3894, 3895 9, 10 Treasurer of. (See treasurer of board of education.) Tuition, payment of to high school, 4022, 4029-3 223, 242 Township Treasurer. (See Treasurer of Board of Education.) Board of education, is ex officio treasurer of, 4042 256 533 GENERAL INDEX. Township Trustees. Section. Corpse, surrender of by, for dissection, 3763 370 Relief of indigent cliildren, to secure sctiool attendance 4022-9 233 Vaccination of pupils, duties as to, 3986 93 Transfer. Pupils of, from one district to another, 4022 223 Assignment of, 4013 201 When pupil lives more than one and one-half miles from school, 4022a 224- Territory from one district to another, 3894, 3895 9, 10 Essentials of petition 10 Form for Form for petition 10 Proceedings in probate court 10 Resolution accepting 9 Resolution releasing 9 When change becomes effective 9 Transportation. Centralized townships, of pupils in, 3927-2 39 Special districts, of pupils in, 3934 49 Sub-districts, of pupils in, 3922 37 Traveling Expenses. Examiner of school funds, of, 365 478 State examiners, of, 4068 288 Treasurer of Board of Education. Accounts of, how kept, 4055 275 Appeal from discharge 263 Application for vote 260 Bond of, execution of, 4043 257 Copy of, to be filed with county auditor, 4043 257 Funds must be produced and counted, on filing of bond, 4043 257 New bond may be required, 4043 257 Release of surety, on, 4043 257 Can not be member of board 257 Compensation of, 4056 276 Disbursements by, 4047 267 Discharge of surety by vote 260 Duties as to depositing funds 69 Election of, 4042 256 Employment of public money 266 Entry of discharge 263 Ex officio treasurer 257 Failure to give bond creates vacancy 257 Form of bond 257 Form of certificate and bond 257 Form of oath 257 Form of report of treasurer of funds 264 Funds, amount treasurer may hold, 4048 268 Illegal loan 266 Interest on funds 257 Liability on bond 242 New bond 257 Orders on, how drawn, 4047 267 GENERAL INDEX. - 534 Treasurer of Board of Education— Concluded. Section. Proceedings can not release bond 257 Proceedings to release surety 257 Receipt of moneys, by, 3960, 4047 63, 267 Recovery of money 266 Release of surety 257 Report of school fund 257 School district, treasurer of, how selected, 4042 256 Settlement with county auditor, 4044 264 Penalty for failure to make, 4045 265 Successor, delivery of property to, 4049 269 Teachers' institute in city districts, funds of, to be paid to county treasurer, when, 4092 313 Term of, 4042 256 When board can allow vote 261 When his own successor 257 Who to have charge of vote 263 Treasurer of County. (See County Treasurer.) Trial. Blind children, hearing to determining advisability of send- ing to state institution, for, 4022-10 234 Deaf and dumb children, hearing to determine advisability of sending to state institution, for, 4022-10 234 Juvenile disorderly persons, proceedings against, 4022-8... 232 Parents, proceedings against for failure to compel children's attendance at school, 4022-7 231 Teacher, trial of, by county examiners, 4073, 4081 294, 302 Truant. Forms relating to truancy Juvenile disorderly person, truant is, 4022-4. 228 Penalties, 4022-8, 4022-12 232, 236 Proceedings against, 4022-7, 4022-8 231, 232 Report, by principal and teachers, 4022-6 230 Truant Officer. Complaint by, against child, 4022-8 232 Deaf, dumb and blind children, report of, 4022-10 234 Forms relating to duties of Notice to parents, 4022-7 231 Parent, warning to, by, 4022-7 231 Penalty, for neglect of duty, 4022-11, 4022-12 235, 236 Powers and duties, 4022-5 229 Relief of indigent child, report on, 4022-9 233 Report to, by principals and teachers, 4022-6 230 Trustees., (See Township Trustees.) Univ'ersities of municipalities, trustee of property of, 4097 391 Educational institutions, trustees of, 3726-3771a 328, 381 Ohio State University, of, 4105-10—4105-48 410, 448 Schools specially endowed, trustees of, 4105-67—4105-73 382, 388 Toledo public library, of, 4002-21—4002-31 421, 431 Wilberforce University, of, 4105-54—4105-65 454,465 Tuition. Clerk can not receive Embezzlement 535 GENERAL INDEX. Tuition — Concluded. Section. Free, when, 4013 201 Non-residents, entitled to credit of school tax paid within the district, 4013 201 Payment of, by agreement between the boards of education, 4022 223 For "Patterson" graduates, 4029-3 242 Public official liable 266 Pupil attending high school 242 Pupils residing more than one and one-half miles from school, payment of, 4022a 224 u United States Military District. Enumeration of youth in, 4030 244 Funds derived from sale of lands in, disposition of, 3953, 3954 55, 56 University. (See Colleges and Universities.) University of Cincinnati. Admission to, regulated, 4100 395 Bequests, may accept, 4095 389 Board of directors, appointment of, 4098-1 393 Powers and duties of, 4099 394 Vacancies in, how filled, 4098-1 393 Degrees, when conferred, 4102 397 Funds, application of, 4096 390 Accounts of, how kept, 4101 396 Site and grounds, 4103 398 Tax for, how levied, 4104 399 University of Toledo. (See Toledo University.) V Vacancy. Board of education in, how filled, 3981 88 Cincinnati library trustees, vacancy in, 3999 115 City board of examiners, in, 4077 298 County board of examiners, how filled, 4069 289 Director in township districts, how filled, 3921a 36 Educational institutions, in board of trustees, how filled, 3733 335 Holds until successors are elected 88 No vacancy until resignation accepted 88 Number of votes required to appoint members 88 Ohio State University, in board of trustees, how filled, 4105-38 438 Resignation to whom made 88 Schools specially endowed, board of trustees of, 4105-68 . . . 383 State board of examiners, how filled, 4065 285 State commissioner of common schools, in office of, 354... 467 Toledo libray board, how filled, 4002-21 151 Wilberforce University, in board of trustees, 4105-57 457 GENERAL INDEX. 536 Vaccination. Section. Free in certain cases, 3986 93 Rules in regard to in schools, 3986 93 Village Districts. Abandonment of, 3889 4 Advancement to, 3889 4 Attached territory, assignment of, 3910 30 Electors, voting in, 3910 30 Board of education, election of, 3908, 3909, 3970-10 28, 29, 76 Meetings of, 3911 '31 Membership of, 3908, 3909 28, 29 Organization of, 3911 ' 31 Classification of, 3885, 3888 1,3 Clerk of. (See clerk of board of education.) Compulsory attendance in, 4022-1 — 4022-14 225 238 Defined, 3888 3 Election in newly created village, 3909 29 Libraries, may be established in, 3998-6, 4002-39 — 4002-45, 108, 169, 175 Tax levy for, maximum, 3959 62 Transfer of territory, 3894, 3895 S, 10 Treasurer of. (See treasurer of board of education.) Village shall become village district, 3889 4 Virginia Military District. Accepting certain lands in, ceded to Ohio by the United States, 4105-19—4105-25 419, 425 Copies of entries and surveys to be made in certain coun- ties in, 4105-48 448 Damage to lands in, 4105-20 420 Deed for lands in, 4105-48 448 Division and appraisal of lands in, 4105-22 422 Enumeration of youth in, 4030 244 Relief for money wrongfully paid, for, 4105-50 450 Sale of lands, 4105-23 423 Title to lands, where vested, 4105-21 421 Visitors. (See Board of Visitors.) Vouchers. (See Order.) w Wages. (See Compensation.) Washington's Birthday. Dismissal of schools, on, 4015 400 Week. School week, length of, 4016 205 Wilberforce University. Normal and industrial department of, 4105-54 454 Admission to, free, of appointee of members of general assembly, 4105-64 464 Appropriation for, 4105-62, 4105-65, 4105-66 462, 465, 466 537 GENERAL INDEX. Wilberforce University — Concluded. Section. Normal and Industrial Department of — Continued. Board of trustees, appointment of, 4105-55, 4105-56, 4105-58 455, 456, 458 Expenses of, 4105-59 459 Meetings of, 4105-59 459 Powers and duties of, 4105-60 460 Report of, 4105-63 463 Vacancies in, how filled, 4105-57 457 Bond of treasurer, 4105-2 462 Funds of, 4105-62 462 Non-sectarian department, 4105-61 461 Tax levy for, 4105-65 465 Woman. Registration of, 3970-12 78 Vote for school officers, entitled to, 3970-12 78 Y Year. Annual enumeration, 4030 244 School year, length of, 4016 205 Time scliool must be continued in year, 4007 185 Yeas and Nays. Board of education, yea and nay vote of, must be taken in certain cases, 3982 89 Youth. Assignment of, to schools, by board of education, 4013 201 Attendance at school, free, when, 4013 201 Attendance of, enforced, 4022-1—4022-14 225-238 Enumeration of, 4030-4041 244, 255 Employment of, unlawful, when, 4022-2, 4022-3 226, 227 Non-residents, can attend school, under what conditions, 4013, 4022, 4022a, 4029-1—4029-4 201, 223, 224, 240, 243 z Zanesville. Charity school at, children may be sent to, when, 4011.... 198 REFERENCE INDEX To sections of the Revised Statutes as to chapter and section of this - volume. CHAPTER SEC. SBC. THIS R. S. BOOK State Commissioner of Common Schools 354 467 do 356 469 do 355 468 do 357 470 do 358 471 do 359 472 do 360 473 do 361 474 do 362 475 do 363 476 do 364 477 do 365 478 do 366 479 Colleges and Institu- t i o n s of Learning ....3726 328 do 3727 329 do 3728 330 do 3729 331 do 3730 332 do 3731 333 do 3732 334 do 3733 335 do 3734 336 do 3735 337 do 3736 338 do 3737 339 do 3738 340 do 3739 341 do 3740 342 do 3741 343 do 3742 344 do 3743 345 do 3744 346 do 3745 347 do 3746 348 do 3747 349 do 3748 350 do 3749 351 do 3750 352 do 3751 353 do 3751a 354 do 3751& 355 do 3751c 356 do 3752 357 CHAPTER SEC. SEC. THIS R. S, BOOK Colleges, etc. — Continued. do 3753 358 do 3754 359 do 3755 360 do 3756 361 do 3757 362 do 3758 363 do 3759 364 do 3760 365 do 3761 366 do 3762 367 do 3762a 368 do 3762& 369 do 3763 370 do 3764 371 do 3765 372 do 3766 373 do 3767 374 do 3768 375 do 3768-1 376 do 3768-2 377 do 3769 378 do 3770 379 do 3771 380 do 3771a 381 Classification and Change of Districts 3885 1 do 3886 2 do 3888 3 do 3889 4 do 3890 5 do 3891 6 do 3892 7 do 3893 8 do 3894 9 do 3895 10 do 3896 11 City School Districts. 3897 12 do 3897a 13 do 3897& 14 do 3897c 15 do 3897(Z 16 do 3897e 17 do 3897f 18 do 3897sr 19 do 389771 20 REFERENCE INDEX. 540 CHAPTEB SEC. 6EC. THIS R. 8. BOOK City School Districts — Continued. do 3897i 21 do 3897i 22 do 3897fc 23 do 3897Z 24 do 3898 2rj do 3900 26 do 3901 27 Village School Dis- tricts 3908 28 do 3909 29 do 3910 30 do 3911 31 Township School Dis- tricts 3915 32 do 3916 3.J do 3920 34 do 3921 35 do 3921a 36 do 3922 37 do 3933 38 do 3927-2 39 do 2966-1 39a do 40 do 41 do 42 Special School Dis- tricts 3928 43 do 3929 44 do 3930 45 do 3931 46 Special School Dis- tricts 3932 47 do 3933 48 do 3934 49 do 3935 50 School Funds 3951 51 do 52 do 226-2 52a do 226-3 526 do 3952 53 do 3952-1 54 do 3953 55 do 3954 56 do 3955 57 do 3956 58 do 3957 59 do 3958 60 do 3958a 61 do 3959 62 do 3960 63 do 3963 64 do 3964 65 do 3965 66 do 3966 67 do 3967 68 do 3968 69 do 3969 70 do .^ 3970 71 CHAPTER SEC. SEC. THIS R. S. BOOK School Funds — Continued. do 3970-1 72 do 3970-2 73 do 3970-3 74 do 3970-4 75 Provisions Applying to all Boards. 3970-10 76 do 3970-11 77 do 3970-12 78 do 3971 79 do 3972 80 do 3973 81 do 3974 82 do 6975 82a do 3975 83 do 3976 84 do 3977 85 do 3978 86 do 3979 87 do 3981 88 do 3982 89 do 3983 90 do 3984 91 do 3985 92 do 3986 93 do 3986-1 " 94 School Houses and Libraries ...3987 95 do 28346 95a- do 3987-1 96 do 3988 97 do 3990 98 do 3991 99 do 3992 100 do 3993 101 do 3994 102 do 3998-1 103 do 3998-2 104 do 3998-3 105 do 3998-4 106 do 3998-5 107 do 3998-6 108 do 3998-7 109 do 3998-8 110 do 3998-9 111 do 3998-10 112 do 3998-11 113 do 3998-12 114 do 3999 115 do 3999a 116 do 39996 117 do 3999c 118 do 3999C-1 119 do 3999<:Z 120 do 3999e 121 do 3999f 122 do 3999g 123 do 399971 124 do 3999i 125 do 3999; 126 541 REFERENCE INDEX. CHAPTER SEC. SEC. THIS E. S. BOOK School Houses, etc. — Continued. do 39997c 127 do .3999? 128 do 4000 129 do 4001 130 do 4002 131 do 4002-1 132 do .■ 4002-2 133 do 4002-3 134 do 4002-4 135 do 4002-5 136 do 4002-6 137 do 4002-7 138 do 4002-8 139 do 4002-9 140 do 4002-10 141 do 4002-11 142 do 4002-12 143 do 4002-13 144 do 4002-14 145 do 4002-15 146 do 4002-16 147 do 4002-17 148 do ■ 4002-18 149 do 4002-19 150 do 4002-21 151 do 4002-22 152 do 4002-23 153 do 4002-24 154 School Houses and Li- braries 4002-25 155 do 4002-26 156 do 4002-27 157 do 4002-28 158 do 4002-29 159 do 4002-30 160 do 4002-31 161 do 4002-32 162 do 4002-33 163 do 4002-34 164 do 4002-35 165 do 4002-36 166 do 4002-37 167 do 4002-68 168 do 4002-39 169 do 4002-40 170 do 4002-41 171 do 4002-42 172 do 4002-43 173 do 4002-44 174 do 4002-45 175 do 4002-46 176 do 4002-47 177 do 4002-48 178 do 4002-49 179 do 4003 180 do 4004 181 do 4005 182 do 4006 183 do 184 CHAPTER SEC. BEC. THIS ~ , , B. S. BOOK Schools and Attend- ance Enforc- ed 4007 185 do 4007-1 186 do 4007-2 187 do 4007-3 188 do 4007-4 189 do 4007-5 190 do 4007-6 191 do 4009 192 do 4009-1 193 do 4009-2 194 do 4009-15 195 do 4009-16 196 do 4010 197 do 4011 198 do 4012 199 do 4012a 200 do 4013 201 do 4014 202 do 4015 203 do 4015-1 204 do 4016 205 do 4017 206 do 6975a 206a do 206& do 4017a 207 do 4018 208 do 4019 209 Text-Book Law 4020-10 210 do 4020-11 211 do 4020-12 212 do 4020-13 213 do 4020-14 214 do 4020-15 215 do 4020-16 216 do 4020-17 217 do 4020-18 218 do 4020-23 219 do 4020-24 220 do 4020-25 221 do 4021 222 do 4022 223 do 4022a 224 do 4022-1 225 do 4022-2 226 do 6986a 226a do 3027 226& do 4022-3 227 do .4022-4 228 do 4022-5 229 do 4022-6 230 do 4022-7 231 do 4022-8 232 do 4022-9 233 do 4022-10 234 do 4022-11 235 do 4022-12 236 do 4022-13 237 do 4022-14 238 REFERENCE INDEX. 542 CHAPTEK SBC. SEC. THIS R. S. BOOK Text-Book Law — Continued. do 4026 239 do 4029-1 240 do 4029-2 241 do 4029-3 242 do 4029-4 243 Enumeration, Treas- u r e r and Clerlv 4030 244 do 4031 245 do 4032 246 do 4033 247 do 4034 248 do 4035 249 do 4036 250 do 4037 251 do 4038 252 do 4039 253 do 4040 254 do 4041 255 do 4042 256 do 4043 257 do 5841 258 do 5842 259 do 260 do 261 do 262 do 263 do 4044 264 do 4045 265 do 6841 266 do 4047 267 do 4048 268 do 4049 269 do 4050 270 do 4051 271 do 4052 272 do 4053 273 do 4054 274 do 4055 275 do 4056 276 do 4057 277 do 4058 278 do 4059 279 do 4060 280 do 4061 281 do 4062 282 do 4063 283 do 4064 284 Board of Examiners. .4065 285 do 4066 286 do 4067 287 do 4068 288 do 4069 289 do 4070 290 do 4071 291 do 4071a 292 do 4072 293 do 4073 294 do 4074 295 CHAPTER SEC. SEC. THI8 B. S. BOOK Board of Examiners — Continued. do 4075 296 do 4076 297 do 4077 298 do 4078 299 do 4079 jOO do 4080 301 do 4081 302 do 4082 303 do 4083 304 do 4084 305 do 4085 306 Teachers' Institutes. .4086 307 do 4087 308 do 4088 309 do 4089 310 do 4090 311 do 4091 312 do 4092 313 do 4093 314 do 4094 315 Policy towards schools for which state ap- propriations are made: State nor- mal schools 1 316 do 2 317 do 3 318 do 4 319 do 5 320 do 6 321 do 7 322 do 8 323 do 9 324 do 10 325 do 4094-1 326 do 4094-2 327 Colleges and Universi- ties 4095 389 do 4096 390 do 4097 391 do 4098 392 do 4098-1 393 do 4099 394 do 4100 395 do 4101 396 do 4102 397 do 4103 398 do 4104 399 do 4105 400 do 4105-1 401 do 4105-2 402 do 4105-3 403 do 4105-4 404 do 4105-5 405 do 4105-6 406 do 4105-7 407 do 4105-8 408 do 4105-9 409 do 4105-10 410 543 REFERENCE INDEX. CHAPTER SEC. THI: BOOK CHAPTER do 4105-11 411 do 4105-12 412 do 4105-13 413 ^ 4105-14 414 do 4105-15 415 do 4105-16 416 do 4105-17 417 do 4105-18 418 do 4105-19 419 do 4105-20 420 do 4105-21 421 do 4105-22 422 do 4105-23 423 do 4105-24 424 do 4105-25 425 do 4105-26 42G do 4105-27 427 do 4105-28 428 do 4105-29- 429 do 4105-30 430 do 4105-31 431 do 4105-32 432 do 4105-33 433 do 4105-34 434 do 4105-35 435 do 4105-36 436 do 4105-37 437 do 4105-38 438 do 4105-39 439 do 4105-40 440 do 4105-41 441 do 4105-42 442 SEC. SEC. THIS B. S. BOOK do 4105-43 443 do 4105-44 444 do 4105-45 445 do 4105-46 446 do 4105-47 447 do 4105-48 448 do 4105-49 449 do 4105-50 450 do 4105-51 451 do 4105-52 452 do 4105-53 453 do 4105-54 454 do 4105-55 455 do 4105-56 456 do 4105-57 457 do 4105-58 458 do 4105-59 459 do 4105-60 460 do 4105-61 461 do 4105-62 462 do 4105-63 463 do 4105-64 464 do 4105-65 465 do 4105-66 466 Schools Specially En- dowed 4105-67 382 do 4105-68 383 do 4105-69 384 do 4105-70 385 do ■ 4105-71 386 do 4105-72 387 do 4105-73 388 545 REFERENCE INDEX. SECTIONS UNNUMBERED DAY SCHOOL FOR DEAF. CHAPTER II. Sec. 1. 98 V. 219. Sec. 5. 98 v. 219. > Sec. 2. 98 V. 219. Sec. 6. 98 v. 219. Sec. 3. 98 V. 219. Sec. 7. 98 v. 219. Sec. 4. 98 V. 219. CHAPTER VI. Constitutional Provisions. Article VI. Sec. 1. Sec. 2. Arrangement of names of candidates on tickets used in election of members of Board of Education. Sec. 2. 98 V. 116. CHAPTER VII. Constitutional Provisions. Article XII. Sec. 2. Taxation by uniform rule. Sec. 3. After Sec. 94 (§3986-1). CHAPTER VIII. Trustees of Tom^nship to Levy Tax for LiBRARYi Sec. 1. 98 V. 47. Sec. 3. 98 v. 47. Sec. 2. 98 V. 47. CHAPTER X. Illegal Loan will not Prevent Recovery. Sec. 21. CHAPTER XIII. Sec. 20-1. Bequests to. REFEEENCE INDEX. CHAPTER XIV. Sec. 1. 316. 98 V. 309. Sec. 6. 321. 98 V. 309. Sec. 2. 317. 98 V. 309. Sec. 7. 322. 98 V. 309, Sec. 3. 318. 98 V. 309. Sec. 8. 323. 98 V. 309. Sec. 4. 319. 98 V. 309. Sec. 9. 324. 98 V. 309. Sec. 5. 320. 98 V. 309. Sec. 10. 325. 98 V. 309. 546 CHAPTER VII. To Pbeve^s't Hazing, in Educational Institutions, and to Punish " Persons Guilty Thekeof. Sec. 1. 94a. 98 v. 124. Sec. 2. 98 V. 124. Sec. 3. 98 V. 124. CHAPTER IX. Minimum Salary to Teachers: State Aid to District. Sec. 1. 98 V. 20 . Sec. 2. 98 v. 200. 547 APPENDIX. APPENDIX. . , PAGE Historical 4iv Ohio Statistics — Branch of study 428 Colleges and universities 435^ 436 County examinations 431^ 440 County examinations 431 applicants 431 County examination questions 455 Elementary 461 High school 455 Pupils 466 Special 460 District examinations 432, 440 applicants 432 Examinations for township pupils 431 ExpeMlitures 437 Higher educational institutions other than colleges 428 High school 434 Institute fund : 430 Receipts 423 School districts 423 School houses 439 School property ' 430 School taxes : 440 Separate district examinations 442 State board of school examiners 442 Information 431 State examinations 444 State examination questions 433 Teachers employed 441 Teachers' institutes 424, 439, 440 Teachers' wages 426, 439 Youth of school age 439 United States Statistics of State school system — Table 1. Total population, school population and adult male population 469 Table 2. Density of population, nativity and race classification, value of manufactures, illiteracy, and relations to adult male and school population 470 Table 3. School ages in several states, states school census.... 471 Table 4. Number of pupils enrolled in the common schools at different dates; relation of enrollment to school population 472 Table 5. School enrollment of 1902-3, classified by sex. Per- centage of the total population enrolled at different dates 473 Table 6. Per cent, of school population enrolled in public schools, for a period of years, 5 to IS years of age . . 4 1 4 GUIDE FOR OHIO SCHOOL OFFICERS. 548 PAGE Table 7. Average daily attendance at various periods and its relation in 1902-3 to the enrollment 475 Table 8. (1) Average length of school term at various periods; (2) aggregate number of days' schooling given to all pupils; (3) the same compared with school popu- lation and enrollment (columns 8 and 9) 476 Table 9. Number and sex of teachers; percentage of male teachers 477 Table 10. Teachers' wages — Number of schoolhouses — ^Value of school property — Private school enrollment 478 Table 11, (1) Length of school term; (2) aggregate number of days' schooling given compared with school popu- lation 480 Table 14. Progress of school expenditure 481 Table 15. School expenditure of 1902-3 classified 482 Table 16. (1) Expenditure per pupil; (2) average daily expendi- ture per pupil; (3) percentage analysis of school ex- penditure 483 Table 17. Amount expended for common school each year since 1869-70 484 Table 18. School expenditure per capita of population; (2) same per capita of average attendance 485 m 6 190? #i LIBRARY OF CONGRESS 030 235 347 5