LB W83 UC-NRLF 50 77b rf-IKa T' T LIBRARY UNIVERSITY OF CALIFORNIA OR 1 1 \ <1 -5 T vUuonnmq ->up T. c5t ! Accession 85.4-55 Class SCHOOL LAWS OF THE STATE OF WYOMING T AWTC propriated, used and expended pursuant to the provisions of this chapter, and not otherwise. [S. L. 1895, Ch. 109, Sec. 1.] APPROPRIATION HOW EXPENDED. Sec. 5O3. The trustees of the university or college at Laramie, Wyoming, in connection with which such experimental station is estab- lished shall annually, by resolution, specifically appropriate and desig- nate the uses to which such money shall be applied and the purposes for which the same shall be expended. Such uses and purposes at all times to be within the use and purpose for which such money is donated under the acts of congress regulating the same, and no part of such money shall be used or expended in any manner or for any purpose not covered by such appropriation, and no indebtedness shall be contracted or expend- iture made in excess of such appropriation. [S. L. 1895, Ch. 109, Sec. 2.] 12 CH. 2 THE WYOMING AGRICULTURAL COLLEGE. 504 CHAPTER 2. THE WYOMING AGRICULTURAL, COLLEGE. Sec. 513. No religious test. Sec. 514. Who to be admitted free of charge. Sec. 515. Donations Management of. Sec. 516. Treasurer to give bond. Sec. 517. Duty of secretary. Sec. 518. Duty of treasurer. Sec. 519. Board of visitors Duty. Sec. 520. Funds How invested. Sec. 521. Limitation upon investment. Sec. 522. Interest How used. Sec. 504. Establishment of an agricultural college. Sec. 505. Objects. Sec. 506. Government Trustees. Sec. 507. Term of office Appointment. Sec. 508. Vacancy How filled. Sec. 509. Quorum and meetings. Sec. 510. Power of the board. Sec. 511. The faculty and their powers. Sec. 512. Member of faculty cannot be trustee. ESTABLISHMENT OF AN AGRICULTURAL COLLEGE. Sec. 5O4. There shall be established in this state "The Wyoming Agricultural College," which shall be located by vote of the people, and which shall be a state public educational institution. [S. L. 1890-91, Ch. 92, Sec. 1.] (Under the provisions of sections 18 to 24 of chapter 92, laws of 1890-91, said col- lege was located by vote of the people, in 1892, at Lander, Fremont county.) OBJECTS. Sec. 5O5. The objects of said agricultural college shall be to pro- vide an efficient means of imparting to young men and young women, without regard to color, on equal terms, a liberal education and a thorough knowledge of such arts and sciences as will aid in the prose- cution of agricultural pursuits with their varied applications. [S. L. 1890-91, Ch. 92, Sec. 2.] GOVERNMENT TRUSTEES. Sec. 5O6. The government of said agricultural college shall be vested in a board of five trustees, who shall be appointed by the governor, by and with the advice and consent of the senate. [S. L. 1890-91, Ch. 92, Sec. 3.] TERM OF OFFICE APPOINTMENT. Sec. 5O7. The term of office of such trustees shall be four years, and during each session of the legislature the governor shall nominate and by and with the advice and consent of the senate, appoint succes- sors to such of said trustees whose terms of office shall have expired or will expire during such session of the legislature. [S. L. 1890-91, Ch. 92, Sees. 4 and 5.] VACANCY HOW FILLED. Sec. 5O8. Any vacancy in the said board of trustees caused by death, resignation, removal from the state or otherwise, shall be filled by ap- pointment to be made by the governor, which appointment shall continue until the next session of the legislature and no longer. [S. L. 1890-91, Ch. 92, Sec. 6.] QUORUM AND MEETINGS. Sec. 5(K>. A majority of the said board of trustees shall constitute a quorum for the transaction of business, and the said board shall hold regular meetings at the seat of the said agricultural college on the first day of the months of January, April, July and October of each year. [S. L. 1890-91, Ch. 92, Sec. 7.] POWER OF THE BOARD. Sec. 51O. The said board of trustees shall have power: 1. To elect one of its members president of said board. 2. To appoint a secretary and treasurer from among the members of such board and such other officers as it may deem necessary for the good order and government of the said agricultural college, and to pre- scribe the duties and fix the compensation of all such officers. 13 511 EDUCATIONAL INSTITUTIONS. DIV. 1 TL. 6- 3. To provide by resolution or otherwise for special meetings of such board. 4. To procure by purchase, donation or otherwise, in the name of the state of Wyoming, within or near the limits of the city, town or vil- lage chosen as the seat of said agricultural college, a suitable site upon which to erect suitable, convenient and proper buildings for said agricultural college, and to superintend the erection of such buildings; Provided, That said trustees shall not purchase any site or contract for the erection of any building until the funds shall be in their hands with which to pay for the same. 5. To possess and use for the benefit of the said agricultural col- lege, the buildings and sites that may be provided therefor. 6. To take and hold for the use and benefit of the said agricultural college any real or personal estate, and to dispose of the same in such manner as they may deem most conducive to the interests of said agri- cultural college. 7. To expend any and all income that may be placed under the con- trol of such board, by donations or by law or otherwise, in such manner as shall best promote the interests and prosperity of the said institution. 8. To elect a president, such professors, tutors and other officers of the faculty of the said institution, as they may deem necessary, who shall hold their offices during the pleasure of such trustees. 9. To prescribe the duties, salaries and emoluments of such profes- sors, tutors and officers. 10. To prescribe the course of study and discipline to be observed in said institution and the price of tuition therein. 11. To make all by-laws and rules necessary and proper to carry into effect the powers herein conferred. [S. L. 1890-91, Ch. 92, Sec. 8.] THE FACULTY AND THEIR POWERS. Sec. 511. The president, professors and tutors of said agricultural college, shall be styled the faculty thereof, and as such shall have power : 1. To enforce the rules and regulations adopted by the trustees of said institution for the government of the students thereof. 2. To reprove and censure students as they may deserve, and to suspend those who continue refractory until a determination of the board of trustees can be had thereof. 3. To grant and confer, by and with the consent and approval of the trustees, such literary honors and degrees as are usually granted and conferred in institutions of the same class in the United States, and in testimony thereof to give suitable diplomas under the seal of the state and signatures of the faculty. [S. L. 1890-91, Ch. 92, Sec. 9.] MEMBER OF FACULTY CANNOT BE TRUSTEE. Sec. 512. No member of the faculty of the said agricultural col- lege, shall, while acting in that capacity, be a trustee. [S. L. 1890-91, Ch. 92, Sec. 10. 3 NO RELIGIOUS TEST. Sec. 513. No religious qualification or test shall be required of any student, trustee, president, professor, tutor or officer of said institution, or as a condition for admission to any privilege in the same, and no sectarian tenets or principles shall be taught, instructed or inculcated at said institution, by any president, professor or tutor therein. [S. L. 1890-91, Ch. 92, Sec. 11.] WHO TO BE ADMITTED FREE OF CHARGE. Sec. 514. The trustees of said institution shall provide for the tui- 14 CH. 2 THE WYOMING AGRICULTURAL COLLEGE. 515 tion, free of charge, of such students from each county as may be selected and appointed by the board of county commissioners of such county. [S. L. 1890-91, Ch. 92, Sec. 12.] DONATIONS MANAGEMENT OF. Sec. 515. In the management and application of any property, real or personal, granted, devised or bequeathed to the use of said agricul- tural college, or the proceeds thereof, the trustees shall conform to the will and directions of the donor thereof, if any such directions shall have been connected with such grant, devise bequest or donation. TREASURER TO GIVE BOND. ' ^ U ^ ^ * *" Sec. 516. The trustees of said institution shall require their treas- urer to give a bond with sureties to be approved by them, in double the sum likely to come into his hands. [S. L. 1890-91, Ch. 92, Sec. 14.] DUTY OF SECRETARY. Sec. 517. The secretary of said board of trustees shall keep a true record of the proceedings of the board and shall make and certify copies thereof. He shall also keep an account of the students in the in- stitution, according to their classes, showing their respective ages and places of residence. [S. L. 1890-91, Ch. 92, Sec. 15.] BITTY OF TREASURER. Sec. 518. The treasurer of said board shall keep full, true and faith- ful accounts of all moneys received by him as such treasurer, and of all expenditures and disbursements thereof. He shall pay out the moneys received by him as such treasurer, on the order of the board of trustees, certified by their secretary. He shall keep accurate accounts of all per- sons having dealings with the institution for which he is treasurer. He shall collect the tuition fees due the same, and shall submit a full and proper statement of the finances of such institution, of its receipts and disbursements, at each of the regular meetings of the said board, and at such other times as said board may direct. [S. L. 1890-91, Ch. 92, Sec. 16.] BOARD OF VISITORS DUTY. Sec. 519. A board of visitors for said agricultural college, to con- sist of three persons, shall be appointed biennially, at the commencement of the college year by the governor of the state. It shall be the duty of the board of visitors for said institution to make a personal examination into the state and condition thereof and all its affairs, twice at least in each year, and report the result to the governor, suggesting such im- provements as they may deem proper, which report shall be submitted to the legislature at its next session. Such visitors shall receive no com- pensation for their services. [S. L. 1890-91, Ch. 92, Sec. 17.] FUNDS HOW INVESTED. Sec. 52O. During such time as the University of Wyoming shall be and remain the recipient of the funds donated by the United States government to the state, under the act of congress of March 2, 1887, es- tablishing agricultural experiment stations, and the act of congress of Augst 30, 1890, applying certain moneys in aid of agricultural colleges, and all acts of congress amendatory thereof or supplemental thereto, the treasurer of the state shall, upon the order of the board of trustees of said university, invest all moneys in his hands derived or arising from the sale, disposal or rental of the lands or any of them, donated to this state by congress for the use and support of an agricultural college, in 15 521 EDUCATIONAL INSTITUTIONS. DIY. 1 TL. 6 such securities and loans as may be unanimously approved by all the trustees present at any regular meeting of said board of trustees of said university, provided, however, that no profit or interest from said loans or investments shall be so paid over for the support of said institution as hereinafter provided, until all loss or losses if any, out of the principal of said funds shall be made good and restored out of the said profits and interest; said loans or investments to be made in the name of the state of Wyoming, for the use of the Agricultural College Fund, the proceeds and payments upon or derived from said loans or investments, both principal and interest to be paid into the treasury of the state for the use of said fund, the principal for reinvestment and the profit and interest fop the use of said college as herein provided. [S. L. 1899, Ch. 13, Sec. 1.] LIMITATION UPON INVESTMENT. Sec. 521. Said fund shall be invested in bonds of the United States, of this state, or in bonds yielding not less than five per centum per annum upon the par value thereof issued by any county, municipal corporation or school district of this state. [S. L. 1899, Ch. 13, Sec. 2.] INTEREST HOW USED. Sec. 522, The net interest and profit received and derived from any loan or investment made in pursuance of the authority conferred by the last preceding section after all loss or losses have been made good as aforesaid shall, at all times, be available for use and may be used by the board of trustees of said university for any purpose connected with the supporting and maintenance of the Agricultural college at the University of Wyoming, not inconsistent or in conflict with any act of congress herein referred to, or any act amendatory thereof or supplemental thereto. [S. L,. 1899, Ch. 13, Sec. 3.] 16 CH. 3 ART. 1 ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE I. II. III. IV. V. VI. VII. SCHOOL DISTRICTS. CHAPTER 3. PUBLIC SCHOOLS. SCHOOL DISTRICTS ORGANIZATION AND POWERS. DISTRICT OFFICERS AND THEIR DUTIES. SCHOOL DISTRICT BONDS. REFUNDING SCHOOL DISTRICT BONDS. PUBLIC KINDERGARTEN. FREE TEXT BoOKS. MISCELLANEOUS PROVISIONS. ARTICLE I. SCHOOL, DISTRICTS ORGANIZATION AND POWKRS. Sec. 523. Notice of formation of new dis- trict. Sec. 524. Appeal from superintendent on formation of district. Sec. 525. First election of trustees Officers of district. Sec. 526. Election of trustees where number increased to six. Sec. 527. School district seal. Sec. 528. Oath of directors. Sec. 529. School district to be body cor- porate. Sec. 530. Regular meetings of district. Sec. 531. Powers of district meeting. Sec. 532. Objects in voting money to be designated. Sec. 533. Meeting may adopt rules of order. Sec. 534. Transfer of school funds. Sec. 535. Manner of conducting election of trustees. Sec. 536. Qualifications of electors. Sec. 537. Annual election of trustees Dis- trict officers. Sec. 538. Directors shall qualify. Sec. 539. Meetings of board. Sec. 540. Powers and duties of district board. Sec. 541. Members of board may administer oaths. Sec. 542. Authority of board to admit or remove scholars. Sec. 543. When board to advertise for bids. Sec. 544. Settlement with treasurer Report to district meeting. Sec. 545. Visiting committee. Sec. 546. Auditing and payment of claims. Sec. 547. Special district meetings Requis- ites of notice. Sec. 548. Term of existing appointees to fill vacancies. Sec. 549. Vacancy in board How filled. Sec. 550. Bond of district treasurer. Sec. 551. Establishment of high schools. Sec. 552. Separate schools for colored children. Sec. 553. Employment and payment of teachers. Sec. 554. School age Compulsory educa- tion. Sec. 555. Liability of parents and guardian Authority of police officers. NOTICE OF FORMATION OF NEW DISTRICT. Sec. 523. Whenever a school district shall be formed in any county, the county superintendent of schools in such county shall, within fifteen days thereafter, prepare a notice of the formation of such district, de- scribing its boundaries and stating the number thereof, and appointing a time and place for the district meeting. He shall cause the notice, thus prepared, to be posted in at least five public places in the district, at least ten days before the time appointed for such meeting; and when a joint district is derived from portions of two or more counties, the county superintendent of each county, from which any portion of the new dis- trict is taken, shall unite in giving the customary notices, and the new district shall be numbered by the superintendent of the county having the highest number of districts. [R. S. 1887, Sec. 3918.] Baldwin vs. Wickman, 3 Wyo. 208. APPEAL FROM SUPERINTENDENT ON FORMATION OF DISTRICT. Sec. 524. A majority of the voters in any school district, being dis- satisfied with the formation of any school district, shall have the right to appeal from the superintendent to the board of county commissioners, and from the board of county commissioners to the superintendent of public instruction. [R. S. 18S7, Sec. 3919.] FIRST ELECTION OF TRUSTEES OFFICERS OF DISTRICT. Sec. 525. The qualified electors of a school district when as- sembled in accordance with the notice required in section five hundred and twenty-three, shall organize by appointing a chairman and a secretary who shall act as judges of election. -(2) 17 526 EDUCATIONAL INSTITUTIONS. DIV. 1 TL. (> They shall then by ballot elect three trustees possessing the qualifica- tions of electors of said district, and the name of each elector shall be recorded by the secretary and they shall hold their office until the next succeeding annual district election and until their successors are elected and qualified. The said trustees shall constitute a board of directors for the district and shall, as soon as they are qualified, choose from their number a director, treasurer and clerk of the district. [S. L. 1890, Ch. 77, Sec. 1.] ELECTION OF TRUSTEES WHERE NUMBER INCREASED TO SIX. Sec. 526. In all school districts in this state containing a popula- tion of one thousand or more, the number of trustees may be increased to six at any annual school election held hereafter if the majority of the electors at such annual meeting, upon taking a vote by ballot so decide. The electors shall then proceed by ballot to elect one trustee for one year, one trustee for two years and two trustees for three years. At all annual elections held thereafter there shall be elected two trustees who shall hold their office for three years or until their suc- cessors are elected and qualified. [S. L. 1897, Ch. 38.] SCHOOL DISTRICT SEAL. Sec. 527. It shall be the duty of every board of school directors so increased to six members, to provide at the expense of their district, and for said district, a seal, upon which shall be engraved the words "School District No , County, Wyo.," stating the number of the district and the county in which it is situated. The seal shall be in possession of the clerk of the district. It shall be affixed to all com- munications or notices required by law to be sent or published by such school board, and to all warrants drawn upon the treasurer of the dis- trict. [R. S. 1887, Sec. 3923.] OATH OF DIRECTORS. Sec. 528. All directors of the board shall, within ten days after their election, appear before some justice of the peace or other person qualified to administer oaths, and take an oath for the faithful performance of their duties and in accordance with law and shall, witout delay, transmit a copy of said oath in writing to the county superintendent of schools. [S. L. 1890, Ch. 77, Sec. 2.] SCHOOL DISTRICT TO BE BODY CORPORATE. Sec. 529. Each school district formed under the provisions of this title, is hereby declared to be a body corporate by the name and style of "School District No , in the County of , and State of Wyoming ;" and in that name it may hold property, and be a party to suits and contracts. [R. S. 1887, Sec. 3925.] Powder River Cattle Co. vs. Board Commissioners, 3 Wyo. 597. REGULAR MEETINGS OF DISTRICT. Sec. 53O. The regular meeting of each school district shall be held on the first Monday of May of each year. And, when present, the di- rector and clerk shall preside as chairman and secretary of such meeting. [R. S. 1887, Sec. 3926.] POWERS OF DISTRICT MEETING. Sec. 531. The qualified electors of the district, when assembled,, shall have power: 1. To appoint a chairman and secretary, in the absence of the regu- lar officers. 2. To adjourn from time to time, as occasion may require. 18 CH. 3 ART. 1 SCHOOL DISTRICTS. 532 3. To determine the number of schools which shall be established in the district, and the length of time each shall be taught. 4. To fix the site of each school house, taking into consideration in doing so, the wants and necessities of the people of each portion of the district. 5. To vote such sum of money as the meeting shall deem sufficient for any of the following purposes : To supply any deficiency in the fund for the payment of teachers; to purchase or lease a suitable site for a school house, or school houses; to build, rent or purchase a school house or school houses, and keep in repair and furnish the same with the necessary fuel and appendages; for procuring libraries for the schools, books and stationery for the use of the board and district meetings; and for the payment of all other contingent expenses of the district; Provided, That the sum of money so voted shall not exceed ten mills on the dollar of all taxable property in each school district; Provided further, That the tax to be levied and collected, as authorized by this section, shall not exceed five mills on the dollar of the assessed valuation of the taxable property in any one year in all school districts having a total valuation of pro- perty exceeding three millions of dollars, or a valuation thereof of less than two hundred thousand dollars. 6. To direct the sale or other disposition to be made of any school house, or the site thereof, and of such other property, real or personal, as may belong to the district; and to direct the manner in which the pro- ceeds arising therefrom shall be applied. 7. To vote a sum not exceeding one hundred dollars in any one year, to procure a district library, consisting of such books as they may direct any person to procure. 8. To delegate any and all powers specified in the foregoing sub- divisions to the district board, provided that the district board shall not have power to vote or raise money as provided in sub-division five. 9. To transact generally such business as may tend to promote the cause of education in accordance with the provisions of this title. [R. S. 1887, Sec. 3927. S. L. 1888, Ch. 72, Sec. 12. S. L. 1890, Ch. 77, Sec. 5.] Miller vs. School District, 5 Wyo. 217. School District vs. Western Tube Co., 5 Wyo. 185. OBJECTS IN VOTING MONEY TO BE DESIGNATED. Sec. 532. In voting money, the district meetings shall designate the respective objects for which the same is raised, and the amount to be raised for each object, and the aggregate amount shall be assessed and collected, as provided in this title. [R. S. 1887, Sec. 3928.] School District vs. Western Tube Co., 5 Wyo. 185. MEETING MAY ADOPT RULES OF ORDER. Sec. 53:1. They may adopt rules of order, not incompatible with the provisions of this chapter and the instructions of the superintendent of public instruction, for the government of district meetings, and may alter and change the some from time to time as occasion may re- quire, and may prescribe the manner of taking the sense of the meet- ing upon any question; Provided, That the last specification shall not apply to the election of officers. [R. S. 1887, Sec. 3929.] TRANSFER OF SCHOOL FUNDS. Sec. 534. In all cases where there are moneys belonging to the school house fund, remaining in the hands of the -district treasurer of any school district, and the board of directors thereof are satisfied that such moneys are not required to build a school house or school houses, 19- 535 EDUCATIONAL INSTITUTIONS. DIV. 1 TL. 6 in said district, or repair or furnish the same, such moneys may be trans- ferred and accredited to the teachers' fund, and applied to the payment of teachers. And the board may also in like manner transfer a surplus of the teachers' fund to the fund for building school houses when re- quired. [R. S. 1887, Sec. 3930.] MANNER OF CONDUCTING ELECTION OF TRUSTEES. Sec. 535. At the regular district meeting of school districts in each year, at the time now provided by law for the election of trustees, such district meeting shall be opened by proclamation of the trustees, at the hour named in the published or posted notice for the meeting. And the order of business at such meeting shall be: 1. Reading and consideration of the report of the clerk and treas- urer. 2. Voting of money to be raised by special tax. 3. Election of trustee or trustees. 4. Miscellaneous business. [S. L. 1888, Ch. 73, Sec. 1.] Powder River Cattle Co. vs. Board Commissioners, 3 Wyo. 597. QUALIFICATIONS OF ELECTORS. Sec. 536. All school district elections shall be carried on as pro- vided by law, and the qualifications of voters at such elections shall be the same as at any other election. [S. L. 1890, Ch. 80, Sec. 179.] ANNUAL ELECTION OF TRUSTEES DISTRICT OFFICERS. Sec. 537. Except as otherwise provided by law there shall be elected in each organized school district at the regular annual district meeting on the first Monday in May of each year, one trustee, who shall hold his office for three years and until bis successor is duly elected and qualified. If, for any cause, the annual election should not be held at the regular annual meeting, a special meeting may be held for that purpose if so specified in the notice for said special meeting. The trustees together shall constitute a board of directors for the district, and shall, immed- iately after they are qualified, elect one of their number a director, treas- urer and clerk of the district. At the first regular annual election after a school district is organized there shall be three trustees elected, one to hold his office for the term of three years, and one to hold his office for the term of two years, and one for the term of one year and until their successors are elected and qualified, and thereafter at each such annual meeting there shall be one trustee elected as aforesaid, for the term of three years as successor to the out-going member of the board, and all of said trustees herein mentioned shall possess the qualifications of any elector in said district, and shall be elected by ballot, and the name of each elector voting for trustee shall be recorded by the secretary of the meeting, and such record shall be filed with the district clerk,. [S. L. 1890, Ch. 77, Sec. 3.] DIRECTORS SHALL QUALIFY. Sec. 538. Said directors shall qualify in the manner prescribed for directors elected upon the formation of a new school district; and in case they neglect or refuse so to do, they shall be subject to the same penalty. [R. S. 1887, Sec. 3934.] MEETINGS OF BOARD. Sec. 539. The board of directors may hold such regular, special or adjourned meetings as they may from time to time determine. [R. S. 1887, Sec. 3935.] 20 CH. 3 ART. 1 SCHOOL DISTRICTS. 54:0 POWERS AND DUTIES OF DISTRICT BOARD. Sec. 54O. The district board shall make all contracts, purchases, payments and sales, necessary to carry out every vote of the district, for procuring any site for a school house, renting, repairing or furnishing the same, and disposing thereof, or for keeping a school therein, and per- forming such other duties as may be delegated to them by the district meeting. [R. S. 1887, Sec. 3936.] School District vs. Western Tube Co., 5 Wyo. 185. MEMBERS OF BOARD MAY ADMINISTER OATHS. Sec. 541. The trustees of school districts are hereby severally au- thorized to administer oaths within their respective counties in any and all matters pertaining to their respective districts and the business thereof, where an oath is or shall be required bv law. [S. L. 1897, Ch. 4.] AUTHORITY OF BOARD TO REMOVE SCHOLARS. Sec. 542. The district board shall have power to admit scholars from adjoining districts, and remove scholars for disorderly conduct; and when scholars are admitted from other districts the district board may, in their discretion, require a tuition fee from such scholars. [R. S. 1887, Sec. 3937.] WHEN BOARD TO ADVERTISE FOR BIDS. Sec. 543. Whenever any school house is to be built or any repairs, addition or improvement costing more than two hundred dollars made to any school house or district property, the board of directors of the district shall advertise for bids for such work, and in all cases contract the same to the lowest responsible bidder. [R. S. 1887, Sec. 3938.] SETTLEMENT WITH TREASURER REPORT TO DISTRICT MEETING. Sec. 544. They shall, from time to time examine the books and accounts of the treasurer, and make settlement with him, and shall, at each regular meeting of the district, present to the same a full statement of the receipts and expenditures of the district, and such other matters as may be deemed important. [R. S. 1887, Sec. 3939.] VISITING COMMITTEE. Sec. 545. They shall appoint a committee from their own body to visit the respective schools of the district monthly, and to aid the teachers in establishing and enforcing rules for the government of schools, and see that the teachers keep a correct list of the pupils, the time which they attend school, the branches of learning which each is studying, and such other matters as may, in the opinion of the board, tend to promote the welfare of the school. [R. S. 1887, Sec. 3940.] AUDITING AND PAYMENT OF CLAIMS. Sec. 546. They shall audit and allow all just claims against the dis- trict, and the directors shall draw an order for all demands thus audited, on the district treasurer. [R. S. 1887, Sec. 3941.] SPECIAL DISTRICT MEETINGS REQUISITES OF NOTICE. Sec. 547. They shall, upon the written request of five legal voters of the district, or whenever they deem it expedient, call special meetings thereof; but in all such cases, the notice of such meeting shall clearly state the precise object for which it is called, and time and place at which it is to be held. [R. S. 1S87, Sec. 3942/j 21 548 EDUCATIONAL INSTITUTIONS. DIV. 1 TL. 6 TERM OF EXISTING APPOINTEES TO FILL VACANCIES. Sec. 548. In case a vacancy in any district school board, caused by the resignation, death or otherwise of any one of its members, is or has been filled by appointment, said appointee may legally hold such office until the next annual school election following said appointment, but no longer, and at the annual election said vacancy shall be filled in the same way and manner as authorized by law for the annual election of school trustees. [R. S. 1887, Sec. 3943.] VACANCY IN BOARD HOW FILLED. Sec. 549. When a vacancy occurs in any school board by the resig- nation, death or otherwise of any of its members, three months or more before the following annual school election, said vacancy cannot be filled by appointment, but a special election must be called in the way provided by law for the purpose of filling such vacancy; but if such vacancy occurs less than three months before the next annual school election, such va- cancy shall be filled by appointment by the board. [R. S. 1887, Sec. 3944.] BOND OF DISTRICT TREASURER. Sec. 55O. The district treasurer shall give bonds to the district in such penalty and with such sureties as the board of the county commis- sioners shall direct and approve, conditioned for the faithful application of all money which may come into his hands by virtue of his office; Pro- vided, Said bonds shall not exceed one and one-quarter times the amount of all the school moneys handled by such treasurer in any one year. Said penalty may be increased from time to time as the interests of the dis- trict may require. The said bond, after being approved by the board of county commissioners, shall be filed with the county treasurer, and it is hereby made unlawful for the county treasurer to pay over any sums of money out of the school fund to any district treasurer until such bond shall have been approved and filed as herein provided, and in case of a breach in the conditions of said bond, suit shall be brought thereon by the board of the county commissioners of the county in which the dis- trict is situated for the benefit of said district. [R. S. 1887, Sec. 3945.] ESTABLISHMENT OF HIGH SCHOOLS. Sec. 551. The county superintendent and district board of direc- tors may determine whether a school of a higher grade shall be estab- lished in the district, the number of teachers to be employed, and the course of instruction to be pursued therein, until the meeting of the teachers' institute, provided for by law, at which time the institute shall determine the studies to be pursued in all schools of like grade in the state; and the superintendent of public instruction shall have the same power to carry into effect the determination of the institute, as is pro- vided in other cases; and the board may erect, for the purpose, one or more permanent school houses, and shall cause such classification of the pupils as they may deem necessary; but in selecting the site for such school house or school houses the permanent interest and future welfare of the people of the entire district shall be consulted. [R. S. 1887, Sec. 3946.] SEPARATE SCHOOL FOR COLORED CHILDREN. Sec. 552. When there are fifteen or more colored children within any school district, the board of directors thereof, with the approval of the county superintendent of schools, may provide a separate school for the instruction of such colored children. [R. S. 1887, Sec. 3947.] 22 OF THE R UN CH. 3 ART. 1 SCHOOL DISTRICTS. &U*' EMPLOYMENT AND PAYMENT OF TEACHERS. Sec. 553. The district board shall employ all teachers necessary for the schools of the district, and pay them by draft on the treasurer. [R. S. 1887, Sec. 3948.] SCHOOL AGE COMPULSORY EDUCATION. Sec. 554. The district schools established under the provisions of this title shall at all times be equally free and accessible to all children resident therein, over six and under the age of twenty-one years, subject to such regulations as the district board in each district may prescribe. And it shall be the duty of all parents and guardians or other persons having the control of children between the ages above mentioned, to send such children to some school, at least three months in each and every year, except in case of invalids, and others to whom the school room would be injurious. In such cases, the district board shall, upon receipt of a physician's certificate, excuse such children; and the district board may, in its discretion, excuse children from attendance when a com- pliance with this title would work great hardship. In all such cases the clerk of the board shall state the reason for excuse, and the name of the child or person excused, and the length of time for which excused, at large in the minutes of the proceedings of the board. Provided, That in all cases the applicant may appeal from the decision of the board to the county superintendent, whose decision shall be final. [R. S. 1887, Sec. 3949.] LIABILITY OF PARENTS AND GUARDIANS-AUTHORITY OF POLICE OFFICERS. Sec. 555. Any parent or guardian, or other person, having children in their charge between the ages of seven and sixteen years, who shall neglect or refuse to comply with the provisions of this chapter, shall, on conviction, be punished by a fine not exceeding twenty-five dollars, for each and every offense, and it shall be the duty of all sheriffs, constables or police officers, at all times, whenever it conies to their knowledge that any child is living idly and loitering about the streets or thoroughfares and spending its time in an idle and dissolute manner, to notify some member of the school board of the district in which such child is living, whose duty it shall be to immediately make all the proper inquiries to ascertain the reasons for the non-attendance of said child in some school of the county in which such child may be found by said board. If any such child or ward is wilfully violating the conditions of this law, it shall become the duty of the county superintendent of schools, on written notice from the board, to make a complaint before some justice of the peace against the parent or guardian of said child or ward, or to make complaint against such child or ward, as provided in cases of vagrancy, under the laws of this state. [R. S. 1887, Sec. 3950.] ^556 EDUCATIONAL INSTITUTIONS. DIV. 1 TL. 6- ARTICLE II. DISTRICT OFFICERS AND THEIR DUTIES. Sec. 556. Director to preside at meetings and countersign orders. Sec- 557. How drafts and orders drawn. Sec. 558. By whom district to appear in actions. Sec. 559. .uuties of clerk. Sec. 560. Clerk to certify debt limit. Sec. 561. Clerks shall keep accounts. Sec. 562. Notice of district meetings. Sec. 563. Annual report of clerk to county superintendent. Sec. 564. Failure to make report Penalty. Sec. 565. Duties of treasurer Publication of report. Sec. 566. Teachers' fund. Sec. 567. School house fund. Sec. 568. Treasurer to receive district money. Sec. 569. Treasurer to render statement on request. DIRECTOR TO PRESIDE AT MEETINGS AND COUNTERSIGN ORDERS. Sec. 556. The director, when present, shall preside at all meetings of the board of the district, and countersign all orders on the treasury for the payment of money. [R. S. 1887, Sec. 3951.] HOW DRAFTS AND ORDERS DRAWN. Sec. 557. All drafts and orders drawn on the district treasurer, as required in the foregoing section, shall specify the fund on which they are drawn, and the use for which the money is designed, and shall be signed by the district clerk. [R. S. 1887, Sec. 3952.J BY WHOM DISTRICT TO APPEAR IN ACTIONS. Sec. 558. The director shall appear in behalf of his district in all suits brought by or against the same; but when he is individually a party, this duty shall be performed by the clerk. [R. S. 1887, Sec. 3953.] DUTIES OF CLERK. Sec. 559. The clerk shall record all the proceedings of the board and of the district meetings in books to be kept for that purpose, and report in writing to the county superintendent of schools the name of the director and treasurer immediately after they are chosen or elected, and he shall preserve copies of all reports made to the county superintendent, and shall file all papers transmitted to him, by school officers or other persons, pertaining to the business of the district, and shall sign all drafts,' warrants and orders drawn by him. [S. L. 1890, Ch. 77, Sec. 4.] CLERK TO CERTIFY DEBT LIMIT. Sec. 56O. The clerk of each school district of each county shall endorse a certificate upon every bond or evidence of debt issued pursuant to law, that the same is within the lawful debt limit of such school dis- trict, and is issued according to law. He shall sign such certificate in his official character. [S. L. 1890-91, Ch. 43, Sec. 2.] CLERKS SHALL KEEP ACCOUNTS. Sec. 561. The district clerk shall keep an accurate account of all the expenses incurred by the district, and shall present the same to the district board, to be audited and paid as herein provided, out of the school fund. [R. S. 1887, Sec. 3955.] NOTICE OF DISTRICT MEETINGS. Sec. 562. The district clerk shall give ten days previous notice of all regular and special meetings of the district, herein authorized, by posting up a written notice in three different places therein; and shall furnish a copy of the same to the teachers of each school in the district, to be read once in the presence of the pupils thereof. [R. S. 1887, Sec. 3956.}' CH. 3 ART. 2 DISTRICT OFFICERS. 563 ANNUAL REPORT OF CLERK TO COUNTY SUPERINTENDENT. Sec. 563. The district clerk shall, on the first Monday of September in each year, submit a report to the county superintendent, for the year past, then ending: 1. Of the number of schools taught in such district, the number of days each scholar attended the same, and the aggregate number of days of attendance of said school respectively, as certified by the teachers of the several schools of such district. 2. The number of schools and the branches taught in each. 3. The number of pupils in each school, and of each sex. 4. The number of teachers employed in each school, and the average compensation of each per month. 5. The number of days the school has been taught, and by whom. 6. The average cost of tuition for a pupil, per month, in each school. 7. Books used in each school. 8. The number of volumes in the library of each school. 9. The aggregate amount paid teachers during the year, the source from which the same was received, and the amount of the teachers' fund in the hands of the treasurer. 10. The number "of district school houses, and the cost of each. 11. The amount raised in the district by tax, for the erection of school houses, and for other purposes authorized in this title, and such other information as he may deem useful. [R. S. 1887, Sec. 3957.3 FAILURE TO MAKE REPORT PENALTY. Sec. 564. Should the clerk fail to file his report, as above directed, he shall forfeit the sum of twenty-five dollars, and shall be liable to make good all loss resulting to the district from such failure, suit to be brought in both cases by the director, in the name of the district, on his official bond. [R. S. 1887, Sec. 3958.} DUTIES OF TREASURER PUBLICATION OF REPORT. Sec. 565. The treasurer shall have the custody of all moneys be- longing to the district, and shall pay out the same upon the order of the clerk, countersigned by the director; and shall keep an account of the re- ceipts and expenditures thereof, in a book provided for that purpose. He shall cause to be published in some newspaper of general circulation in the county wherein such school district is situate, on the first week of July in each year, a full and true report of the receipts and disbursements of said district for the year next preceding such report. [R. S. 1887, Sec. 3959.] TEACHERS' FUND. Sec. 566. The moneys for the payment of teachers shall be called the "teachers' fund," and the treasurer shall keep distinct and separate accounts with them; and no warrant for money shall be paid by the treasurer which does not specify the fund on which it is drawn, and the specific use to which it is to be applied. [R. S. 1887, Sec. 3960. J School District vs. Western Tube Co., 5 Vvyo. 185. SCHOOL HOUSE FUND. Sec. 567. The school house fund shall consist only of taxes collected in the district; and all other school moneys belonging to the district shall go to the teachers' fund, and shall be applied to no other use except to pay the wages of school teachers in the district. [R. S. 1887, Sec. 3961.] 25 568 EDUCATIONAL INSTITUTIONS. DIV. 1 TL. 6 TREASURER TO RECEIVE DISTRICT MONEY. Sec. 568. The district treasurer shall apply for, and receive all money apportioned to the district, by the county superintendent, when notified of said apportionment. [R. S. 1887, Sec. 3962.] TREASURER TO RENDER STATEMENT ON REQUEST. Sec. 569. The district treasurer shall render a statement of the fin- ances of the district as shown by the records of his office, at any time when required by the district board. [R. S. 1S87, Sec. 3963.] ARTICLE III. SCHOOL DISTRICT BONDS. Sec 570. Authority to call election to de- termine upon issue. Sec. 571. Bond election Issue of bonds. Sec. 572. Sale of bonds Application of proceeds. Sec. 573. Pledge for payment. Sec. 574. Tax levy to redeem and pay in- terest. Sec. 575. Redemption. Sec. 576. Payment of interest. Sec. 577. Preparation of bonds. Sec. 578. Penalty for misapplication of funds by trustees. Sec. 579. County treasurer shall have cus- tody of funds. Sec. 580. Additional bond of county treas- urer. AUTHORITY TO CALL ELECTION TO DETERMINE ISSUE. Sec. 57O. The board of school trustees of any school district may, whenever a majority thereof so decide, submit to the electors of the dis- trict the question whether the board shall be authorized to issue the coupon bonds of the district to a certain amount, not to exceed two per cent, of the taxable property in said district, and bearing a certain rate of interest, not exceeding six Der cent, per annum, and payable and re- deemable at a certain time, not exceeding twenty-five years, for the pur- pose of building one or more school houses in said district, and providing the same with necessary furniture, and funding outstanding indebted- ness evidenced by warrant or otherwise, against said district. [S. L. 1897, Ch. 41.1 BOND ELECTION ISSUE OF BONDS. Sec. 571. Such elections must be held in the manner prescribed for general or special elections in school districts, and the ballots must con- tain the words "Bonds, yes;" or "bonds, no." If the majority of the votes at such election are, "bonds, yes," the board of trustees must issue such bonds in such form as the board may direct; they must bear the signa- tures of the president of the board of trustees and be countersigned by the clerk of the school district, and bear the district seal and be counter- signed by the county treasurer, and the coupon attached to the bonds must be signed by the president and clerk and the county treasurer. And each bond so issued must be registered by the county treasurer in a book provided for that purpose, which must show the number and amount of each bond, and the person to whom the same is issued, and the said bonds must be sold by the said school trustees, as provided in sec- tion five hundred and seventy-two. SALE OF BONDS APPLICATION OF PROCEEDS. Sec. 572. The school trustees must give notice in some newspaper of general circulation, published in the capital of this state, and also in some newspaper published in the county in which said school district is located, for a period of not less than four weeks, to the effect that the said school trustees will sell said bonds, briefly describing the same, and 26 CH. 3 ART. 3 SCHOOL DISTRICT BONDS. 573 the time and place where such sale will take place; Provided, That the said bonds must not be sold for less than their par value, and the said trustees are authorized to reject any bids, and to sell said bonds at private sale, if they deem it for the best interests of the district; and all money arising from the sale of said bonds must be paid forthwith into the treas- ury of the county in which said district may be located, to the credit of said district, and the same shall be immediately available for the purpose of building or providing the school house, or school houses authorized by this chapter. [S. L. 1888, Ch. 72, Sec. 3.] FLEDGE FOR FAYMENT. Sec. 573. The faith of each school district is solemnly pledged for the payment of the interest, and the redemption of the principal of all bonds which are issued under this chapter. [S. L. 1888, Ch. 72, Sec. 4.] TAX LEVY TO REDEEM AND FAY INTEREST. Sec. 574. The board of county commissioners of the proper county of each district must ascertain and levy annually, the tax necessary to pay the interest as it becomes due, and a sinking fund to redeem the said bonds at their maturity ; and said tax is a lien upon the property in said school district, and must be collected in the same manner as other taxes for school purposes. Said tax shall be known as "district bond tax of school district No " [S. L. 1888, Ch. 72, Sec. 5.] REDEMPTION. Sec. 575. When the sum in the sinking fund equals or exceeds the amount of any bond then due, the county treasurer shall post in his of- fice, a notice that he w r ill, within thirty days from the date of such notice, redeem the bonds then payable, giving the number thereof, and the pre- ference must be given to the oldest issue; and if, at the expiration of the said thirty days, the holder or holders of said bonds, shall fail or neglect to present the same for payment, interest thereon must cease; but the treasurer shall, at all times thereafter, be ready to redeem the same on presentation, and when any bonds are so purchased or redeemed, the county treasurer must cancel the same by writing across the face of each bond in red ink, the word, "cancelled," and the date of such cancellation. The annual interest on all of said bonds shall be payable at the office of the treasurer of the proper county on the first and ten succeeding days of Januarv in each vear. [S. L. 1888, Ch. 72, Sec. 6.] FAYMENT OF INTEREST. Sec. 57G. The county treasurer may pay out of any moneys be- longing to a school district tax fund, the interest upon any bonds issued under this chapter by such school district, when the same becomes due, upon the presentation at his office of the proper coupon, which must show the amount due, and the number of the bond to which it belonged, and all coupons so paid, must be reported to the school trustees at their first regular meeting thereafter. [S. L. 1888, Ch. 72, Sec. 7.] PREPARATION OF BONDS. Sec. 577. The school trustees of any district, shall cause to be printed or lithographed at the lowest rates, suitable bonds, with the cou- pons attached, when the same become necessary, and pay therefor out of any monevs in their treasury. ' [S. L. 1888, Ch. 72, Sec. 8.] PENALTY FOR MISAPPLICATION OF FUNDS BY TRUSTEES. Sec. 578. If any of the school trustees fraudulently fail or refuse 27 1579 EDUCATIONAL INSTITUTIONS. DIV. 1 TL. 6- to pay into the proper county treasury the money arising from the sale of any bonds provided for by this chapter, they shall be deemed guilty of felony, and upon conviction thereof, be punished by imprisonment in the state penitentiary for a term of not less than one year, nor more than ten years. [S. L. 1888, Ch. 72, Sec. 9.} COUNTY TREASURER SHALL HAVE CUSTODY OF FUNDS. Sec. 579. The county treasurer of such county shall have the cus- tody of all funds realized from the sale of said bonds, until the same are drawn out by the order of the board of directors of said district. [S. L. 1888, Ch. 72, Sec. 10.] ADDITIONAL BOND OF COUNTY TREASURER. Sec. 58O. The board of trustees of said district shall require the said county treasurer to give said district a separate bond in such sum as said board may deem proper, with two or more sufficient sureties, con- ditioned for the faithful performance of the duties required of him by this act, and the faithful accounting for the moneys deposited with him and realized from the sale of said bonds, as herein provided for, and such bonds shall be approved by said board and shall be and remain in the custodv of said board of trustees. [S. L. 1888, Ch. 72, Sec. 11.} ARTICLE IV. REFUNDING SCHOOL, DISTRICT BONDS. Sec. 581. Power of board to issue refund- ing bonds. Sec. 582. Form of bond, time and interest. Sec. 583. Registration of bond. Sec. 584. By whom signed and sale thereof. Sec. 585. Coupons Where paid. Sec. 586. Tax to pay interest and principal. Sec. 587. Duty of school directors as to re- demption. Sec. 588. Property in district pledged for payment. Sec. 589. Duty of county treasurer. Sec. 590. Funds realized from sale of re- funding bonds. Sec. 591. Balance in the hands of county treasurer How used. Sec. 592. Surplus How used. [S. L. 1893, Ch. 10, Sec. l.J POWER OF BOARD TO ISSUE REFUNDING BONDS. Sec. 581. The board of directors of each and every school district in the state of Wyoming are hereby authorized to issue refunding bonds of such school district, for the purpose of taking up outstanding bonds of such school district, for any sum not exceeding the amount of outstand- ing bonds; Provided, That the qualified electors of any school district shall so elect and determine at any regular meeting, or at any special meeting, held for such purpose. Miller vs. School District, 5 Wyo. 217. FORM OF BOND, TIME AND INTEREST. Sec. 582. Said bonds shall be issued in sums of not less than one hundred dollars, and shall be redeemed by the school district issuing the same within a period not exceeding thirty years, and not less than five years from the date of issue, and shall bear interest at a rate not exceed- ing six per centum per annum, on each dollar of their face, which interest shall be payable annually or semi-annually, the rate of interest to be de- termined by the board of school directors. Such bonds shall be numbered from one upwards, and be headed "Refunding bonds of school district number , in the county of , state of Wyom- ing;" and before being issued shall be registered by the treasurer of the county, within which such school district is situated. [S. L. 1893, Ch. 10, Sec. 2.] 28 CH. 3 ART. 4 REFUNDING SCHOOL DISTRICT BONDS. 583 REGISTRATION OF BOND. Sec. 583. The county treasurer of each county shall keep a book in which shall be registered all such bonds, showing the number of the bond, the date of issue, amount, number of coupons, date of redemption, date of registry and payment of interest on such bonds, which book shall, during business hours, be open for inspection. [S. L. 1893, Ch. 10, Sec. 3.] BY WHOM SIGNED AND SALE THEREOF. Sec. 584. All bonds so issued shall be signed by the presiding officer of the board of directors of such school district, countersigned by the county treasurer of the county in which such school dis- trict is situated, and attested by the clerk of such school district, with the seal of such school district attached; and none of such bonds shall be sold for less than their face value, and shall not be sold until thirty days notice shall have been given in some newspaper of general circulation in the state of Wyoming. [S. L. 1893, Ch. 10, Sec. 4.] COUPONS WHERE PAID. Sec. 585. Said bonds shall have coupons attached, representing the interest to be paid each year, and the coupons representing said interest shall be detached from the bonds before presentation for payment of the interest for the year corresponding, and upon payment shall be forthwith cancelled by the county treasurer, by writing the word "cancelled" across the face thereof. The interest on all such bonds shall be payable at the office of the county treasurer of the county in which such school district issuing such bonds is situated, or in any place designated by the board of school directors of such school district. [S. L. 1893, Ch. 10, Sec. 5.] TAX TO PAY INTEREST AND PRINCIPAL. Sec. 586. There shall be annually levied by the board of county com- missioners of the county, within wMch is situate any school district is- suing any such bonds, as are herein provided for, on all taxable pro- perty within the limits of said school district, a tax not to exceed seven mills on the dollar of valuation, which shall be know as the "Refunding Bond Fund of school district No " Said tax shall be payable only in the lawful money of the United States, and shall be used to pay the interest and principal of said bonds, and for no other pumose; and said tax shall be collected in the same manner, and at the same time as the county taxes, and naid into the county treasury by the collector of taxes. [S. L. 1893, Ch. 10, Sec. 6.] DUTY OF SCHOOL DIRECTORS AS TO REDEMPTION. Sec. 587. The board of school directors of any school district, which may issue bonds, as provided in this article, shall each year, after the tenth year, retire as many of such bonds as can be redeemed, with the amount of said bond fund, at the time in the hands of the county treas- urer, and in all such cases, such bonds shall be redeemed by the payment of number one first, and proceeding continuously upwards with those out- standing. All cancelled bonds shall be turned over to the board of direc- tors at such times as they may direct. [S. L. 1893, Ch. 10, Sec. 7.] PROPERTY IN DISTRICT PLEDGED FOR PAYMENT. Sec. 588. All taxable property of any school. district issuing bonds, as herein provided for, at the time of issuing such bonds, shall be pledged for the payment of the principal and interest of such bonds in the 29 589 EDUCATIONAL INSTITUTIONS. DIV. 1 TL. 6 manner herein provided, and it shall not be lawful to use or divert any portion of such bond fund for any purpose whatever, except for the pay- ment of such principal and interest. [S., L. 1893. Ch. 10, Sec. 8.] DUTY OF COUNTY TREASURER. Sec. 589. The county treasurer of each county in which any school district, issuing bonds as herein provided for, is situated, shall have cus- tody of all funds realized from the sale of such bonds, and shall pay the same out only upon the return of such bonds, for the redemption of which the refunding bonds, for the issue of which this article provides, may have been issued. Such bonds so redeemed shall be cancelled by the county treasurer and turned over to the board of school directors of the school district which issued said redeemed bonds at such time as they may direct. It shall be the duty of the county treasurer to give a separate bond to be made to such school district, in such sum and with such sure- ties as the board of county commissioners of the county may deem proper and sufficient, conditioned for the faithful accounting of the moneys de- posited with him and realized from the sale of such bonds as are herein provided for, and such treasurer's separate bond shall be and remain in the custody of the county clerk of the county in which such school dis- trict is situated. [S. L. 1893, Ch. 10, Sec. 9.] FUNDS REALIZED FROM SALE OF REFUNDING BONDS. Sec. 59O. Whenever any school district shall have issued its re- funding bonds, and the funds realized from the sale of such refunding bonds, by reason of such bonds selling for more than their par value, are more than sufficient to redeem all the bonds, to redeem which said re- funding bonds were issued, such surplus may be used, First. To pay all the expense of issuing and disposing of said refunding bonds. Second. Any surplus still remaining shall be turned by the county treas- urer into the "Refunding Bond Fund" of such school district, and used for the purposes for which such fund is used as provided in section five hundred and eighty-six. [S. L. 1895, Ch. 10, Sec. 1.] BALANCE IN THE HANDS OF COUNTY TREASURER HOW USED. Sec. 591. Whenever any school district shall have issued its re- funding bonds and there remains in the hands of the county treasurer of the county in which said school district is situated, any moneys belong- ing to the funds provided by law for the payment of the principal or in- terest, or both, of the bonds to redeem which said refunding bonds were is- sued, said money may be used, First. To pay any deficiency in the ex- penses of issuing and disposing of said refunding bonds that cannot be paid by the surplus realized from the sale of said refunding bonds. Second. Any moneys still remaining in said fund shall be turned by said county treasurer into the "Refunding Bond Fund" of such school dis- trict and used for the purposes for which such fund is used as provided in section five hundred and eighty-six. [S. L. 1895, Ch. 10, Sec. 2.] SURPLUS HOW USED. Sec. 592. The county treasurer of any county in which is situated a school district that may issue refunding bonds, is hereby authorized and required to pay out the surplus moneys derived from the sale of any such refunding bonds, or the surplus moneys remaining in the old fund for the expenses incurred by such school district in issuing and dispos- ing of such refunding bonds on orders of the school board of such school 30 CH. 3 AKT. 5 PUBLIC KINDERGARTEN. 593 district, which orders shall state on their face that the money to be so paid was a legitimate expense incurred in the issue and sale of such re- funding bonds. When all of such expense has been paid by the issue of such orders or otherwise, the board of directors shall, over the seal of said district, notify said county treasurer of the fact that all the ex- pense incurred in the issue and sale of such refunding bonds has been paid, w r hereupon said treasurer shall immediately transfer all moneys remaining in his hands applicable to the payment of interest or principal of the old bonds to the ''Refunding Bond Fund" of such school district; Provided, how r ever. That all the bonds to redeem which said refunding bonds were issued have already been paid. [S. L. 1895, Ch. 10, Sec. 3.J ARTICLE V. PUBLIC KINDERGARTEN. Sec. 593. Power of trustees to establish kindergarten. Sec. 594. Shall be part of school system- Teachers. Sec. 595. Law not changed in reference to- apportionment. Sec. 596. How carried into effect. POWER OF TRUSTEES TO ESTABLISH KINDERGARTEN. Sec. 593. The board of trustees of any school district in this state shall have pow r er to establish and maintain free kindergarten schools in connection with the public schools of their district, for tlie instruction of children residing in such district and between the ages of four and six years, and shall establish such courses of training, study and discipline and such rules and regulations for the government of such kindergarten schools as said board may deem advisable; Provided, That the cost of establishing and maintaining such kindergarten schools shall be paid from the special school fund of said school district, and the gross sum to be so expended by the said board for such kindergarten schools shall be annually fixed and determined by the qualified electors of such district at the annual meeting of such electors. [S. L. 1895, Ch. 50, Sec. 1.] SHALL BE PART OF SCHOOL SYSTEM-TEACHERS. Sec. 594. The said kindergarten schools shall be a part of the public school system and governed as far as practicable in the same manner and by the same officers as is now, or hereafter may be provided by law, for the government of the other public schools of this state; Provided, how- ever, that teachers of the kindergarten schools shall be the holders of certificates or diplomas from some reputable institution for the training of kindergarten teachers, and shall pass such other examination and pos- sess such other qualifications as may be required by the board of trus- tees of the district employing them. [S. L. 1895, Ch. 50, Sec. 1.] LAW NOT CHANGED IN REFERENCE TO APPORTIONMENT. Sec. 595. Nothing in this article shall be so construed as to, in any manner, change the law, as it now exists, with reference to the taking of the census of the school population, or the apportionment of the state and county school funds among the several counties and districts in this state. [S. L. 1895, Ch. 50, Sec. 1.] HOW CARRIED INTO EFFECT. Sec. 596. That for the purpose of carrying into effect the provis- ions of this article, it shall be lawful for the qualified electors 31 597 EDUCATIONAL INSTITUTIONS. DIV. 1 TL. 6 of any school district in the state at the annual meeting held under the provisions of existing law, to vote such sum of money as may be neces- sary to establish and maintain such kindergarten schools, during the school year next following such meeting, such sum in the aggregate not to exceed one mill upon the dollar of the valuation of the property in the district, as determined by the next preceding annual assessment thereof for the purposes of taxation, the same to be certified, levied, collected and disbursed in the same manner as is now provided by law with respect to the special school funds of the several school districts in this state. [S. L. 1895, Ch. 50, Sec. 2.] ARTICLE VI. FREE TEXT BOOKS. Sec. 597. Sec. 598. Sec. 599. Sec. 601. Sec. 602. Duty of school directors. Publishers must file bond. Books Paid for from public school land income fund. Sec. 600. Books paid for by order on dis- trict treasurer. Orders from what funds paid. Publisher becoming member of trust nullifies contract. Sec. 603. Duty superintendent of public in- struction. Sec. 604. Superintendent must furnish form of contract. Sec. 605. Attorney general must investigate violation of contracts. Sec. 606. Books property of district. Sec. 607. Pupils may purchase books. DUTY OF SCHOOL DIRECTORS. Sec. 597. Boards of school directors in city or county are hereby empowered, and it is made their duty, to purchase all text books neces- sary for the schools of such city, town or district; and they are further authorized to enter into contract, as hereinafter provided, with the pub- lishers of such books for a term of years, not to exceed five; provided, that the contract prices of such books shall not exceed the lowest price then granted to any dealer, state, county, township, school district, or other individual or corporation in the United States, to be determined as hereinafter provided; and, provided further, that such contract shall guarantee to such districts any further reduction that may be granted elsewhere during the life of such contract. [S. L. 1899, Ch. 29, Sec. 1.] PUBLISHERS MUST FILE BOND. Sec. 598. Before any publisher of school books shall be permitted to enter into contract with any school district under the provisions of this article, he shall file with the state superintendent of public instruc- tion, to be approved by him, a good and sufficient bond in the sum of two thousand to twenty thousand dollars, which amount shall be fixed by the state superintendent of public instruction, for the faithful performance of the conditions of such contracts, and the observance of the require- ments of this article; and such publisher shall also file with the state super- intendent of public instruction, a sworn statement of the lowest prices for which his series of text books are sold anywhere in the United States ; and a failure to file such bond and sworn statement of prices shall be a good and valid defense on the part of the district against payment for any books that may be sold by such publisher prior to the date of filing such bond and sworn statement of prices; and all such contracts to which such publisher is a party made prior to filing such bond and sworn statement of prices, shall be null and void. [S. L. 1899, Ch. 29, Sec. 2.] BOOKS PAID FOR FROM PUBLIC SCHOOL LAND INCOME FUND. Sec. 599. The books to be purchased under the provisions of this article shall be paid for by the directors of the different school districts of 32 OH. 3 ART. 6 FREE TEXT BOfe^^ 5 600 the state, out of the public school land income fund, when the same shall be distributed to such districts annually. [S. L. 1899, Ch. 29, Sec. 11.] BOOKS PAID FOR BY ORDER ON DISTRICT TREASURER. Sec. 600. For the purpose of paying for school books, the school dis- trict officers may draw an order on the district treasurer for the amount of school books ordered. ORDERS FROM WHAT FUNDS PAID. Sec. 601. The district treasurer shall pay orders drawn by school district officers for the purpose of school books out of any funds in his hands belonging to the district, except the money belonging to the teachers' fund. [S. L. 1899, Ch. 29, Sec. 4.] PUBLISHER BECOMING MEMBER OF TRUST NULLIFIES CONTRACT. Sec. 602. Any contract entered into under the provisions of this article with any publisher who shall hereafter become a party to any com- bination or trust for the purpose of raising the price of school textbooks shall, at the wish of the school board of the district using such books, become null and void. [S. L. 1899, Ch. 29, Sec. 5.] DUTY SUPERINTENDENT OF PUBLIC INSTRUCTION. Sec. 603. The state superintendent of public instruction shall, within thirty days after the tiling of the hereinbefore mentioned sworn statement of prices of text books, have the same printed and forward a sufficient number of certified copies of the same to each of the county superintendents of the state to furnish all the school districts of such county with one copy each; and the county superintendent shall immed- iately after receiving said certified copies of prices of books send or de- liver one of such certified copies to the directors or secretary of each school district or board of education in such county, to be filed as a part of the records of such district ; and he shall also file one of said certified copies of prices in his office as a part of the records of said office. [S. L. 1899, Ch. 29, Sec. 6.] SUPERINTENDENT MUST FURNISH FORM OF CONTRACT. Sec. 604. It shall be the duty of the state superintendent of public instruction to prepare and have printed a form of contract between dis- trict boards and publishers of school books and to furnish the same through the county superintendent to the several district boards of the state; and no other form of contract shall be used by such district boards and publishers. [S. L. 1899, Ch. 29, Sec. 7.] ATTORNEY GENERAL MUST INVESTIGATE VIOLATION OF CON- TRACTS. Sec. 605. Upon the filing of a written complaint with the state' sup- erintendent of public instruction by the officers of any district board, charging any publisher with violating the conditions of such contract as hereinbefore mentioned, the attorney general is hereby instructed, and it shall be his duty, to investigate the same, and if he finds probable cause for action, he shall immediately begin proceedings in the name of the state to enforce the liability on the bond hereinbefore mentioned. [S. L. 1899, Ch. 29, Sec. 8.] BOOKS PROPERTY OF DISTRICT. Sec. 606. All books purchased by district boards, as hereinbefore mentioned, shall be held as the property of the district, and loaned to 33 607 EDUCATIONAL INSTITUTIONS. DIV. 1 TL. 6 pupils of the school while pursuing a course of study therein, free of charge; but the district boards shall hold such pupils responsible for any damage to, loss of, or failure to return such books at the time and to the person that may be designated by the board of such district. [S. L. 1899, Ch. 29, Sec. 9.] PUPILS MAY PURCHASE BOOKS. Sec. 6O7. The provisions of this article shall include all school supplies; provided, that nothing in this article shall be construed to prohibit any pupil or parent from purchasing from the board such books as may be necessary, at cost to the district; provided further, that the board may designate some local dealer to handle books for the district with such an increase above contract price to pay cost of transportation and handling, as may be agreed upon between said board and said dealer. [S. L. 1899, Ch. 29, Sec. 10.] ARTICLE VII. MISCELLANEOUS PROVISIONS. Sec. 608. Offenses defined Penalty. Sec. 609. School week and month defined. Sec. 610. School officers shall not be agents for school supplies Penalty. Sec. 611. State treasurer shall keep school fund. Sec. 612. Physiology and hygiene shall be taught. Sec. 613. Failure to comply with last sec- tionPenalty. Sec. 614. Discrimination on account of sex or religious belief prohibited. Sec. 615. Examinations required. Sec. 616. Teacher's report. Sec. 617. Refusal to deliver records to suc- cessor Penalty. Sec. 618. Employment of counsel. Sec. 619. Collection and disposition of fines. Sec. 620. Officer failing to pay over money Penalty. Sec. 621. Effect of- change in county boun- daries on school districts. Sec. 622. State treasurer authorized to re- ceive donations for schools. Sec. 623. Liability of treasurer for school money. Sec. 624. School board may establish manual training schools. Sec. 625. Land income funds available, when. Sec. 626. Teachers' certificates. Sec. 627. Subjects of examinations. Sec. 628. Time certificate is good. Sec. 629. Examining board. Sec. 630. Applicants for professional certi- ficates. Sec. 631. Examination by county superin- tendents. OFFENSES DEFINED PENALTY. Sec. 6O8. Any person who shall use insulting and abusive language to and toward any teacher in or about any public school house, or who shall wilfully disturb any public school or district meeting, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not less than five dollars, and not exceeding one hundred dol- lars. Any person who shall wilfully break, cut, deface, despoil, injure, damage or destroy any school property, or who shall cut, mark, write or otherwise place or put on, or cause to be placed or put upon, any school property, any language, or pictures or figures or signs of an obscene character, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall pay a fine of not less than five dollars, nor more than one hundred dollars. The said fines shall be paid into the treasury of the school district in which the offense was committed. [S. L. 1888, Ch. 72, Sub. Div. 2, Sees. 1-2.] SCHOOL WEEK AND MONTH DEFINED. Sec. 6O9. For the purposes of this chapter, a school week shall con- sist of five days; and a school month shall consist of all the days of a cal- endar month except Saturdays and Sundays, and legal holidays. [S. L. 1888, Ch. 72, Sub. Div. 3, Sec. 1.] 34: CH. 3 ART. 7 MISCELLANEOUS PROVISIONS. 610 SCHOOL OFFICERS SHALL NOT BE AGENTS FOR SCHOOL SUPPLIES- PENALTY. Sec. 61 0. Neither the state superintendent, or any person in his office, nor any county superintendent, nor school district officer, nor any officer or teacher connected with any public school, shall act as agent or solicitor for the sale of any school books, maps, charts, school library books, school furniture, apparatus or stationery, or furnish any assistance to, or receive any reward therefor, from any author, publisher, bookseller or dealer, doing the same. Every person violating this section shall for- feit not less than fifty nor more than two hundred dollars for each of- fense, and be liable to removal from office therefor. [S. L. 1888, Ch. 72, Sub. Div. 3, Sec. 2.] STATE TREASURER SHALL KEEP SCHOOL FUND. Sec. 61 1 . The state treasurer shall keep a separate fund to be known as the "school fund," and all moneys appropriated for school pur- poses shall be kept in such fund. [S. L. 1888, Ch. 72, Sub. Div. 3, Sec. 3.] PHYSIOLOGY AND HYGIENE SHALL BE TAUGHT. S2tf. The state treasurer shall faithfully account for all moneys or funds received pursuant to the foregoing section, and he and his sure- ties upon his official bond shall be liable for any failure to so account for such moneys or funds. [R. S. 1887, Sec. 3982.] SCHOOL BOARD MAY ESTABLISH MANUAL TRAINING SCHOOLS. Sec. 624. The school board of any district in the state shall have power to establish and locate industrial and manual training schools, in connection with the public schools of said district. [S. L. 1895, Ch. 88.] LAND INCOME FUNDS AVAILABLE WHEN. Sec. (>25. On the fifteenth day of January, eighteen hundred and ninety-nine, and on the fifteenth day of January of each second year there- after, any and all moneys which shall be in either of the following land income funds shall become available, and may be used for the following purposes, respectively: First The "Deaf, Dumb and Blind Land Income Fund," for the sup- port, maintenance and education of all such deaf, dumb and blind per- sons as are or may hereafter become charges upon the state. Second The "Insane Asylum Land Income Fund," for the support and maintenance of the state insane asylum and the inmates thereof. Third The "Fish Hatchery Land Income Fund," for the support and maintenance of the state fish hatchery in Albany county. ronrtli The "Penitentiary in Albany County Land Income Fund," for the support and maintenance of the penitentiary located in Albany county, and the care and subsistence of the convicts therein. /. ; /t7/, The "University Land Income Fund," for the support and maintenance of the state university at Laramie, the same to be paid by the state treasurer to the treasurer of the board of trustees of the state university upon the warrant of the state auditor to be issued upon request of said boa i-d of trustees. X /.//// The "State, Charitable, Educational, Penal and Reformatory Institutions Land Income Fund," for the custody, support and mainten- 37 626 EDUCATIONAL INSTITUTIONS. DIV. 1 TL. 6 ance of state convicts and persons confined at the expense of the state in reformatory institutions within or without the state. Seventh The "Penal, Reformatory or Educational Institution in Car- bon County Land Income Fund," for and toward the completion, furnish- ing and maintenance of the penitentiary at Rawlins, in Carbon county. Eighth The "Miners' Hospital Land Income Fund," for the support and maintenance of the Wyoming General Hospital, at Rock Springs. Ninth The "Public Buildings at the Capital Land Income Fund," for the care, repair, maintenance and furnishing of the capitol build- ing. Tenth The "Poor Farm in Fremont County Land Income Fund," for the care, repair, maintenance and improvement of the poor farm in Fre- mont County. On the fifteenth day of January, nineteen hundred and one, and on the fifteenth day of January of each second year thereafter, it shall be the duty of the state treasurer to make a report to the governor and to the senate and house of reoresentatives, showing the amount of money in each of the said land income funds on that date. [S. L. 1897, Ch. 30.] TEACHERS' CERTIFICATES. Sec. 626. There are hereby established four grades of teachers' cer- tificates; one to be known as a state or professional certificate, and county certificates of the first, second and third grades, which certificates shall show the branches in which the holder has been examined, and his or her relative attainments in each branch. No person shall receive a certificate who is known to the examining officer, or board, to be of immoral charac- ter, who is deficient in learning or ability to teach, or who does not write and speak the English language with facility and correctness. [S. L. 1899, Ch. 70, Sec. 1.] SUBJECTS OF EXAMINATION. Sec. 627. Every applicant for a certificate shall be examined in the subjects hereinafter mentioned, for the several grades, respectively, as follows : For the third grade, in orthoepy, orthography, reading, penman- ship, arithmetic, language lessons, English grammar, geography, civil government, the history and constitution of the United States, the consti- tution of the state of Wyoming, physiology and hygiene, and the theory and practice of teaching. If the applicants shall pass an examination in these branches with an average of seventy per cent., they shall re- ceive a third grade certificate. If the markings of said applicant shall average of eighty-five per cent., a second grade certificate shall be is- sued. For the first grade certificate, the applicant shall pass an examin- ation in all of the foregoing branches required in examination for second and third grade certificates, and also in rhetoric, elementary algebra, nat- ural philosophy, plane geometry, English literature, political economy, physical geography and bookkeeping. [S. L. 1899, Ch. 70, Sec. 2.J TIME CERTIFICATE IS GOOD. Sec. 628. The third grade certificate shall entitle the holder to teach for the period of one year; and a third grade certificate shall not be issued to any teacher more than once; the second grade certificate shall entitle the holder to teach for one year; the first grade certificate shall entitle the holder to teach for a period of two years; and the state or pro- fessional certificate shall entitle the holder to teach in the graded and high schools of the state for a period of five years, at the end of which time, if the teacher has been actively engaged for two years prior thereto 38 CH. 3 ART. 7 MISCELLANEOUS PROVISIONS. 629 in educational work, the state superintendent, or the state board of exam- iners and the state superintendent, may endorse said certificate, and this endorsement shall entitle the holder to teach for another period of five years. [S. L. 1899, Ch. 70, Sec. 2.] EXAMINING BOARD. Sec. 621). There shall be established in the state of Wyoming a state board of examiners, which shall be composed of three members to be selected and appointed by the superintendent of public instruction from the principals of high schools and city superintendents of schools in the state and the faculty of the state university. This board shall serve with- out compensation other than actual expenses and transportation. It shall be the duty of said board to meet at some convenient place and pre- pare, for the use of the county superintendents of the various counties, uniform examination questions, and they may prescribe rules and regula- tions for the taking of such examinations. They shall have the power to hold examinations, and on their recommendation, the superintendent of public instruction shall issue professional certificates as provided in this article. [S. L. 1899, Ch. 70, Sec. 3.] APPLICANTS FOR PROFESSIONAL CERTIFICATES. Sec. 63O. Applicants for professional certificates shall show them- selves to be competent to teach all the branches required for the issuing of a first grade certificate in the counties, and, in addition thereto, shall show that they are qualified to teach all of the branches usually taught in the high schools and academic courses. [S. L. 1899, Ch. 70, Sec. 4.] EXAMINATIONS BY COUNTY SUPERINTENDENTS. Sec. 6ttl. County superintendents shall hold regular examinations in their counties at least twice in each year, and one of such examinations shall be held at the close of the teachers' institute held in their respective counties; the county superintendent may require all teachers to pass a written examination prepared by the state board of examiners, and, where such examination is in writing, shall mark and file said written examina- tion papers in his office, there to be kept for the period of one year where it may be seen by any school board desiring to examine the same. Pro- vided, that where a teacher has had professional training in some reputa- ble normal training school for teachers, has taught successfully, and pre- sents a diploma or other sufficient evidence of his or her qualifications to teach, the county suDerintendent may issue a certificate to such person stating the facts and setting forth the qualifications of such teacher. And provided further, that all persons who are graduates of the University of Wyoming, and upon whom have been conferred the degree of Bachelor of Arts; or the degree of Bachelor of Science; or the degree of Bachelor of Pedagogy, or Didactics; shall be exempt from taking the teachers' ex- amination for certificates of the first, second and third grades, as provided in this article, and upon the presentation of their diploma granted by the University of Wyoming to the county superintendent of schools, it shall be the duty of such county superintendents to issue to such person a first grade certificate. [S. L. 1899, Ch. 70, Sec. 5.] 39 88 EDUCATIONAL INSTITUTIONS. DIV. 1 TL. 6 INVESTMENT OF LAND FUNDS. Sec. 88. All permanent funds arising from the sale of state lands and any permanent addition thereto may, and whenever practicable shall be invested by the treasurer of the state, with the approval of the gov- ernor and attorney general, in bonds of the United States or of the state of Wyoming, or in bonds issued by school districts within this state, or registered county bonds of the state, or interest bearing warrants of this state. The interest only shall be used for the purpose for which the grant of lands was made. [S. L. 1895, Ch. 67, Sec. 1.] YC 06604