LB 2529 .023 1919 Copy 1 DEPARTMENT OF EDUCATION STATE OF ALABAMA GENERAL PUBLIC SCHOOL LAWS MARCH 1. 1919 ■ HOWN PKINTINB 00. MONTOOMERV. Book__L__^£__ /9/7 y ,u t DEPARTMENT OF EDUCATION STATE OF ALABAMA GENERAL PUBLIC SCHOOL LAWS MARCH 1, 1919 SPRIGHT DOWELL, Superintendent of Education BROWN PRINTING CO. MONTGOMFUV. STATE DEPARTMENT OF EDUCATION^ nv 1 ADMINISTRATION Spright Dowell, State Superintendent of Education Montgomery Jas. N. Gunnels, Chief Clerk Montgomery T. L. Head, Bookkeeper Montgomery M. B. Bishop, Bookkeeper Montgomery Aline Farnham, Stenographer Montgomery Mrs. Pear] M. Jones Montgomery SUPERVISION J. B. Hobdy, Rural School Agent Montgomery J. S. Lambert, Rural School Agent Montgomery Rose Sabel, Stenographer Montgomery Jas. S. Thomas, High School Inspector University TEACHER-TRAINING R. E. Tidwell, Director of Institutes Montgomery Elberta Taylor, Conductor of Institutes (for white) Montgomery Clutie Bloodworth, Conductor of Institutes (for white) Montgomery Claytie Thornton, Conductor of Institutes (for white) Montgomery G. W. Trenholm, Conductor of Institutes (for negroes). ..Montgomery Edith Garrott, Conductor of Institutes (for negroes) Montgomery CERTIFICATION OF TEACHERS Spright Dowell, President, Board of Examiners Montgomery John B. Clark, Secretary, Board of Examiners Montgomery Kate McLemore, Member, Board of Examiners Montgomery .Sadie Frank, Stenographer Montgomery STATE TEXTBOOK COMMISSION Governor Thomas E. Kilby, Chairman Montgomery Superintendent Spright Dowell, Secretary Montgomery Olive J. Dodge Mobile M. D. Pace - Troy H. L. Upshaw Eufaula C. W. Daugette Jacksonville G. M. Barnett LaFayette C. C. Johnson Marion E. P. Murphy Gadsden J. M. Atkinson Athens Lula Bradford Birmingham J. W. Letson Jasper n B •* ..P'2\ 1919 l\ 1913 PUBLIC SCHOOL LAWS OF ALABAMA CHAPTER 41, CODE 1907. ARTICLE 1. PUBLIC SCHOOL FUND. 1678. (3539) (943) Appropriations for public schools'. For the maintenance of a system of public schools of the State the following sums of money are hereby appro- priated for every scholastic year, to-wit : 1. The annual interest at six per cent on all sums of money which have heretofore been or which may here- after be received by the State, as the proceeds of sales of lands granted or entrusted by the United States to the State, or to the several townships thereof, valueless six- teenth section fund, and school indemnity fund for schooL purposes. 2. The annual interest at four per cent on that part of the surplus revenue of the United States deposited with the State under the act of Congress approved June 23, 1836. 3. All annual rents, incomes,' and profits or interest arising from the proceeds of sales of all such lands as may hereafter be given by the United States, or by this State, or by individuals, for the support of the public schools of the State. 4. All such sums as may accrue to the State as escheats the same to be applied to the support of the public schools during the scholastic year next ensuing the receipt in the State treasury. 5. The net amount of poll tax that may be collected in the State ; poll tax collected in every county to be retained therein for the support of the public schools thereof and distributed and disbursed as provided in this chapter. 6. Licenses which are by law required to be paid into^ the school fund of any county to be promptly paid by the 4 PUBLIC SCHOOL LAWS OF ALABAMA judge of probate or other person collecting the same to the county superintendent of education and to be ex- pended for the benefit of the public schools of each county. 7. A further sum of five hundred thousand dollars ($500,000.00) annually for every scholastic year; pro- vided, however, that there is hereby appropriated the additional sum of one hundred thousand dollars ($100,- 000.00) annually if in the judgment of the governor of Alabama the financial condition of the State treasury will permit of such additional appropriation. That the provisions of this act shall become effective October 1st, 1911. Provided, that the annual excess of the appropriation herein made over the appropriation carried by existing laws,* viz. : The sum of two hundred and fifty thousand dollars ($250,000.00) per annum, shall be paid only on the approval of the governor, who, as the state of the treasury in his opinion may warrant, may approve the same in whole or in part from time to time ; provided, that if the governor shall fail to approve in any year the full amount of the appropriation made for that year he may, if the condition of the treasury war- rant, approve in any subsequent year or years the differ- ence between the amount appropriated and that paid. Note — In addition to the sources of school revenue above enumerated, there is annually levied, by Constitu- tional requirements, for the maintenance of the public schools, a tax of thirty cents on each one hundred dollars assessed valuation of taxable property. 1679. (3540) (944) When appropriations accrue, placed to the credit of educational fund. — All such appro- priations, except the poll tax, shall accrue to the educa- tional fund on the first day of October, in each year ; and on that day the State auditor shall place to the credit of that fund, on the books in his office, all such amounts as accrue thereto from the sources in this article mentioned, except the poll tax, for the scholastic year beginning on that day. *The appropriation carried by existing laws is $350,000. PUBLIC SCHOOL LAWS OF ALABAMA 5 ARTICLE 2. OFFICERS AND BOARDS OF PUBLIC SCHOOLS. 1680. (8541) (945) Officers and boards of adminis- tration of public schools. — For the administration and government of public schools in this State, there are the following officers and boards of education : 1. The superintendent of education. 2. A county superintendent of education in each coun- ty. 3. Three district trustees in each school district. 4. One county board of education ; constituted as here- inafter provided. ARTICLE 3. SUPERINTENDENT OF EDUCATION. 1681. (3542) (946) Term of office; salanj.—"The Superintendent of Education" holds office for the term of four years from the time of his installation in office, and until his successor is elected and qualified, and shall receive a salary of three thousand dollars per annum, payable in monthly installments, on the last day of each month, and shall not be eligible as his own successor. 1682. (3543) (947) Oath of office and bond.— Be- fore entering upon the duties of his office, he shall take oath of office prescribed by the constitution, and shall also give bond, with sureties to be approved by the gover- nor, in the sum of fifteen thousand dollars, conditioned faithfully to discharge the duties of his office so long as he shall remain therein, or perform any of the duties thereof; and such bond shall be filed in the office of the secretary of State. 1683. (3544) (948) Office and books, papers and records. — He shall have an office at the capitol of the State, where the bonds, papers and records of his office 6 PUBLIC SCHOOL LAWS OF ALABAMA shall be kept, and where he shall give attendance when not absent on official business; and it shall be the privi- lege of all persons interested to have access, at all proper hours, to the books, papers, and records of the office. 1684. (3545) (949) Clerks and their- salaries. — He is authorized to employ a chief clerk, two bookkeepers, and a stenographer for service in his office; and such clerks shall be allowed salaries as follows : The chief clerk, eighteen hundred dollars per year; the two book- keepers, fifteen hundred dollars per year each ; the stenog- rapher, seven hundred and fifty dollars per year, to be paid as the salaries of other department clerks are paid. 1685. (3546) (950) Duties of the superintendent of education. — The duties of the superintendent of education shall be as follows : 1. He shall devote his time to the care and improve- ment of the common schools, and the promotion of public education, and shall exercise a general supervision over all the educational interests of the State ; and to this end he shall have power to require from the county superin- tendent of education, township and district trustees of public schools, and all other school officers, all such re- ports and information relating to the educational fund, or the condition of the schools and the management thereof, as he may deem important, or as may be pre- scribed by law ; and he may remove from office any such officer, except the county superintendent, for failure to make such report, give such information, or discharge any other official duty. 2. He shall annually, as far as practicable, visit every county in the State, for the purpose of inspecting the schools and their management, the accounts of county superintendents of education, and other school officers, and for diffusing as widely as possible, by personal address and personal communication, information as to the importance of public schools and the best method for their management; and he shall encourage and assist at organizing and conducting teachers' and superintendents' institutes. PUBLIC SCHOOL LAWS OF ALABAMA 7 3. He shall make provisions for instructing all pupils in all schools and colleges supported, in whole or in part, by public money, or under State control, in hygiene and physiology, with special reference to the effects of alco- holic drinks, stimulants, and narcotics upon the human system. 4. He shall make provision for instructing all pupils in all schools and colleges supported, in whole or in part, by public moneys, or under State control, in the constitu- tion of the United States and the constitution of the State of Alabama. 5. He shall annually apportion the public school funds to the several counties, and the county board of education shall apportion the same to the school districts as required by section 256 of the Constitution, and shall see to the proper disbursement of the same; and to this end he shall keep an accurate account with all officers who may be custodians or disbursers of the school fund, or any part thereof. 6. He shall prepare all forms and have printed and distributed all such blanks as may be necessary; or as may be required by law, in the administration of the public school system. 7. He shall furnish the county superintendents and other school officers all necessary books for keeping their accounts and records, to be and remain public property; and he shall prescribe a uniform system of keeping such accounts and records. 8. He shall take receipts for all such books so fur- nished by him to school officers, and such officers shall take good care thereof, and turn them over to their suc- cessors in office. 9. He shall keep a debtor and creditor account with each township, or other school district in the State, of all funds accruing thereto for educational purposes. 10. He shall keep an accurate account of the capital of all sixteenth-section or other trust funds, to which each township or school district may be entitled, show- ing whence and when such funds were derived. 11. He shall preserve in his office all bonds of school officers and others required to be filed therein. 8 PUBLIC SCHOOL LAWS OF ALABAMA 12. He shall cause suits to be instituted and prosecuted against all defaulters to the educational fund, and for this purpose may employ attorneys ; but he shall not have power to contract to pay such attorneys out of the educa- tional fund more than ten per cent of the amount recov- ered by them in such suits ; and of such fund he may pay such lawful costs as may be taxed against him as superin- tendent of education, in case he is cast in any such suits. 13. He shall, by correspondence, exchange of official reports, and other proper means, elicit information rela- tive to the system of public education in other states and countries, and disseminate all useful knowledge regard- ing the same among the county superintendents and other school officers in the State. 14. He shall collect in his office such school books, ap- paratus, maps, charts and specimens of improved school furniture as can be obtained without expense to the State. 15. He shall prepare and have printed in pamphlet form by the public printer, all laws, rules, and regulations pertaining to the public school system of the State, in- cluding therein the Constitution of the United States and the Constitution of the State of Alabama, and cause the same to be distributed among the county superin- tendents of education, and other officers connected with the school system, for the information of those interested in the educational interests of the State. 16. He shall perform such other duties as are, or may be, prescribed by law. 1686. (3547) (951) Report to governor; contents. — He shall also, annually, on or before the first day of De- cember, report to the governor in writing — 1. A brief history of his labors. 2. An abstract of the reports received by him from the county superintendents of education, exhibiting the con- dition of the public schools. 3. Estimates and accounts of expenditures of school money. 4. An itemized statement showing how the contingent fund of his department and all other special funds or ap- propriations under his control have been disposed of. PUBLIC SCHOOL LAWS OF ALABAMA 9 5. Such recommendations as he may desire to make for the improvement of the school system, and the care and increase of the educational fund. 6. All such other matters relating to his office and to the public schools as he shall deem expedient to communi- cate. 1687. (3548) (952) Report to be printed and dis- tributed. — The governor shall, when such report is laid before him, direct the superintendent of education to have printed in the same manner and upon the same con- ditions as other printing is done, during the recess of the Legislature, a sufficient number of copies of the re^ port to supply the county superintendents and district trustees of public schools, and other school officers, and for the usual exchange with other States, and with the leading cities of the United States ; and it shall be the duty of the superintendent of education to distribute the same as indicated in this section. 1688. (3549) (953) Vacancy filled by governor; term, etc., of appointee. — If the office of superintendent of education should at any time become vacant, by death, resignation, or otherwise, the governor shall appoint a suitable person to fill such office for the unexpired term ; and such appointee shall give bond and qualify in the same manner as if he had been elected for a full term. ARTICLE 4. TOWNSHIPS ABOLISHED. 1689. Townships abolished; public schools re-district- ed. — Township lines for school purposes are abolished; provided the inhabitants of no township shall be deprived of the sixteenth section or any fund arising therefrom, or of selling and leasing such lands as provided by law. 10 PUBLIC SCHOOL LAWS OF ALABAMA ARTICLE 5. TOWNSHIPS AND SCHOOL DISTRICTS INCORPORATED. 1690. (3624) (1024) (963) (576) (502) Incorpora- tion of townships. — The inhabitants of each township in the State are incorporated by the name of "Township , of range ," according to the number of the surveys of the United States, and the inhabitants of each school dis- trict are incorporated by the name and number by which it is known or designated. ARTICLE 6. This article is repealed by the act providing for a county board of education, approved August 16, 1915, which follows : No. 220.) (S. 129. AN ACT To provide for a county board of education, to pre- scribe the method of election of the members thereof, to define the powers and duties of the board, and to require the boards of education in incorporated cities and towns to make an enumeration of children of school age. Be it enacted by the Legislature of Alabama: Section 1. That from and after the third Saturday in November, 1916, the public schools of each of the several counties of the State, except those in incorporated cities and towns, shall be under the immediate direction and control of a county board of education consisting of five members. The county board of education of each county shall be elected by the qualified electors of the county. All members of the county board of education of any county shall be persons of good moral character with at least a fair elementary education, of good standing in their respective communities, and known for their hon- esty, business ability, public spirit and interest in the good of public education. PUBLIC SCHOOL LAWS OF ALABAMA 11 Sec. 2. That at the general election of State and county officers in November, 1916, the qualified electors of the county shall elect five members of the county board of education; and provided that the five persons receiving the highest number of votes from the county at large shall be declared the members of the county board of education ; provided, that the two members of the board so elected receiving the highest number of votes shall hold office for a term of six years ; that the two members receiving the next highest number of votes shall hold office for a term of four years ; and that the member so elected receiving the lowest number of votes shall hold office for a term of two years ; provided further, that at the general election of State and county officers in Novem- ber, 1918, and biennially thereafter, a member or mem- bers shall be elected for terms of six years to succeed those whose term or terms of office shall expire at that time ; provided that any member of the board of education shall hold office until a successor has been elected and qualified. Sec. 4. That the county board of education of each of the several counties, elected as herein provided, shall meet in the office of the county superintendent of educa- tion of the county within ten days after the election of such board or any member thereof, qualify and organize by electing one of its members president. The president shall be entitled to vote on all questions. The county superintendent of education shall be the secretary and executive officer of the board and shall attend all meet- ings of the same, but he shall not have the right of a vote in the board. Sec. 5. That the county boards of education shall have entire control of the public schools, unless otherwise pro- vided by law, within their respective counties. They shall make rules and regulations for the government of the schools, see that the teachers perform their duties, and exercise such powers consistent with the law as in their judgment will best subserve the cause of education. The board shall have the right to acquire, purchase, by the institution of condemnation proceedings if necessary, lease, receive, hold, transmit, and convey the title to real 12 PUBLIC SCHOOL LAWS OF ALABAMA and personal property for school purposes, except where otherwise provided, by and in the name of the county board of education, to sue and contract, all contracts to be made after resolutions adopted by the board and spread on its minutes and signed by its president. All process shall be executed by service on the executive officer of the board. Sec. 6. In addition to the duties hereinbefore pre- scribed, the county boards of education shall perform the following duties : (1) Select a county superintendent of education, prescribe his duties in addition to those re- quired by law, and the amount of his salary; provided, that no member of a county board of education shall be eligible for election as county superintendent of education during the term for which he was elected as a member of the board of education. (2) Elect a county treasurer of public school funds. (3) Elect to hold office until the next regular election as provided under this act, the suc- cessor to any member of the county board of education whose place may have become vacant by death, resigna- tion, or other cause; provided, that in case the county board fails for a period of thirty days to fill said vacancy, the State superintendent of education shall have authority to appoint a member to fill the same. At the next general election held in November, a successor shall be elected for the unexpired term as provided by section 2 of this act for the election of other members. (4) Select upon the nomi- nation of the county superintendent of education, assist- ant superintendents, supervisors and such office force as may be necessary, and fix their salaries. (5) Select teach- ers for the several schools of the county upon nomination of the county superintendent of education, fix their sal- aries, erect, repair and furnish schoolhouses, fix all wages of employees, determine all incidental expenses, and have entire control of the public school funds of the county, except as otherwise provided by law. (-6) Fix the boundaries of school districts and locate schools with ref- erence to convenience, efficiency and economy. (7) Con- solidate schools and provide for the transportation of pupils at public expense. (8) Upon the agreement of the board of education of adjoining counties, authorize PUBLIC SCHOOL LAWS OF ALABAMA 13 a child residing in one county to attend school in another county, and it shall be permitted to do so when the school in the other county is nearer than any school in its own county ; upon the request of parents or guardians, a city board of education and a county board of education may make any just and equitable arrangement for the attend- ance of the children of the city at the schools of the county, and for the attendance of the children of the county at the schools of the city, and they shall do so when it can be done without injury to the schools of either the county or the city. (9) Control the public school funds as provided by law. (10) Appoint for every school in the county discreet, competent and reliable per- son or persons of mature years, not exceeding three in number, residing near to the schoolhouse, and having the respect and confidence of the people of the community, to serve as trustee or trustees of the school, to care for the property, and to look after the general interests of the school, and to make to the county board of education, through the county superintendent of education, from time to time, reports of the progress and needs of the schools, and of the will and sentiment of the people in regard to the school; but such person or persons shall not be paid for such service out of the public school funds. (11) Enforce compulsory attendance as required by law. (12) Act as promptly as possible on cases of appeal by pupils suspended by teachers. (13) Dismiss county super- intendents, assistant county superintendents, and teach- ers for incompetency, improper or immoral conduct, or inattention to duty, or whenever in their opinion the best interests of the school may require. (14 Select resident persons to enumerate the scholastic population of all chil- dren between the ages of seven and twenty-one years as provided by law, and to require that in enumerating the scholastic population, the name of the child, the name of the parent or guardian, the age of the child, the school to which it belongs and the distance to the nearest school, be recorded, and also the fact as to whether the child is able to read and write. White children and negro chil- dren shall be reported in separate lists, and in any town or city maintaining a public school system, the board of 14 PUBLIC SCHOOL LAWS OF ALABAMA education of that incorporated city or town, is hereby empowered and required to enumerate the scholastic pop- ulation of that city or town, as provided by law; and in addition to giving the name of the child, and the name of its parents or guardians, and stating whether the child can read and write, the name of the street and the number of the house in which it resides shall be given. Sec. 7. The members of the county board of education shall receive from the public school funds of the county their actual traveling and hotel expenses incurred in at- tending meetings of the board; provided that such ex- penditures shall be allowed for not more than twelve meetings in any one year. The members of the county board shall be paid in like manner as provided for the compensation paid to teachers; provided, that they shall not be required to hold State teachers' certificates. Coun- ty superintendents shall be paid a minimum salary of $1,000 a year and after September 30, 1915, shall engage in no other form of remunerative work. Sec. 8. All laws or parts of laws in conflict with the provisions of this act, except such as make provision for local taxation for school purposes, are hereby repealed, and in case any part of this law is declared unconstitu- tional, the parts not so declared unconstitutional, shall remain in full force and effect as the law of the State. Approved August 16, 1915. No. 495.) (S. 598. AN ACT To amend section 1355 of the Code of Alabama of 1907. Be it enacted by the Legislature of Alabama: That section 1355 of the Code of Alabama of 1907 be and the same is hereby amended so as to read as follows : 1355 — Cities having a population of 2,000 and less than 6,000 inhabitants shall have a board of education con- sisting of five members which shall be elected by the council, or other governing body, at its first regular meet- ing. The council, or other governing body, shall elect the PUBLIC SCHOOL LAWS OF ALABAMA 15 members of the board of education for terms of office which shall be respectively, one, two, three, four and five years. Annually thereafter at the first regular meeting in April or as soon thereafter as may be practicable, at a regular meeting, the council, or other governing body,, shall elect a member whose term of office shall be five* years, to succeed the member of the board of education: whose term expires that year. As soon after election as practicable, the said board shall organize by electing one of their members president and shall also elect one of their members secretary of said board, and said board- shall have all powers and be vested with all the authority^ in relation to the public schools as boards of education in: cities of 6,000 or more population. In the event of a- vacancy in the membership of the board by resignation: or otherwise, the fact shall be reported to the city council, or other governing body, by the board, and the council, or other governing body, shall elect a person to fill such vacancy for the unexpired term; in towns of less than 2,000 population, the management and control of the pub- lic schools therein shall on and after the first day of October, 1915, be vested in a county board of education, which board shall be vested with all the powers and au- thority in relation to such school, as if the same were not within the incorporated territory. Approved September 16, 1915. No. 14.) AN ACT (H. 63 To authorize women to serve on boards of education of counties, and cities and towns. Be it enacted by the Legislature of Alabama: 1. That on and after the passage of this bill, women shall be eligible to serve on the boards of education of in- corporated cities and towns, and on county boards of education. 8. All laws and parts of laws, local, general or spe- cial in conflict with the provisions of this act be and the same are hereby repealed. Approved February 1, 1915. 16 PUBLIC SCHOOL LAWS OF ALABAMA No. 93.) AN ACT (S. 80. To amend section 6 of an act approved July 17, 1907, entitled "An act to amend sections 6, 9, 10, 16, 17, 19 and 20 of an act entitled an act to provide for the redis- ricting of the public schools of the State and for the management and control of the same, approved Septem- ber 30, 1903." Section 1. Be it enacted by the Legislature of Alabama, That section 6 of an act approved July 17, 1907, entitled, "An act to amend sections 6, 9, 10, 16, 17, 19 and 20 of an act entitled an act providing for the redistricting of the public schools of the State and for the management and control of the same, approved September 30, 1903," be and the same is hereby amended so as to read as fol- lows: Section 6. That section 19 of said act be and the same is hereby amended so as to read as follows: The provisions of this act shall not apply to any county hereto- fore districted by authority of a special law and which has a special levy from the county for the support of the public schools therein; or to any city or town where the members of the board of education hold office for life under any act of the Legislature of Alabama approved prior to Feb. 15, 1891, but all other general, special, pri- vate or local laws creating or providing for any special or separate school district be and the same are hereby repealed. Approved August 25, 1909. 1693. Incorporated cities and toivns separate school districts. — Each incorporated city or town in the State is a separate school district. 1694. School districts not affected by county lines. — Any school district which, by the creation of new coun- ties or the change of county lines, shall lie in two or more counties, shall in no wise be repealed by the crea- tion of said new counties or the change of county lines. PUBLIC SCHOOL LAWS OF ALABAMA 17 No. 487.) AN ACT (H. 243. To provide for the office of county treasurer of public school funds in the several counties of Alabama and to prescribe the duties thereof. Section 1. Be it enacted by the Legislature of Alabama, That the county boards of education of the several coun- ties of this State be and they are hereby authorized to select annually some suitable person in the county to act as treasurer of the public school funds of the county. Sec. 2. The said treasurer of the school funds in each county shall receive and take charge of any money, funds, property or proceeds of any character, raised in his county by county taxation, or which may accrue to him or to the county from any gift, grant, bequest, de- vise, endowment or otherwise, to be used in aid of, or in connection with, money apportioned to his county from the educational fund, and shall faithfully keep the same separate and apart from any other funds or property whatsoever; and after the county board of education shall have apportioned the public school funds of the county, as in this code provided, he shall, upon the certi- fied payroll of the county superintendent distribute and pay out the money raised in accordance with this subdi- vision, but all money, raised by local taxation in any school district or incorporated city or town, shall be ex- pended for the benefit of the district, city or town in which the money is raised, and by such persons, and in such manner, as are authorized by the laws in force for the control and government of public schools in such district, city or town. Sec. 3. He must, monthly, on the first Saturday in each month of each year, or as soon thereafter as practi- cable, pay the teachers of the public schools, upon the certified payroll of the county superintendent of educa- tion. He shall give bond in twice the probable sum of public school money including any amounts of State school funds payable to him by the State treasurer which he may have on hand at any one time, said amount of bond to be fixed and approved by the State superintendent of edu- cation. 18 PUBLIC SCHOOL LAWS OF ALABAMA Sec. 4. For all money paid out under the terms of this act, the said treasurer shall keep proper vouchers subject to the inspection of the State examiner of ac- counts, or assistant examiner, and he shall make such annual reports as may be called for by the State superin- tendent of education. Sec. 5. All laws and parts of laws in conflict with the provisions of this act be and the same are hereby re- pealed. Approved April 18, 1911. INSTRUCTION FOR HANDLING GENERAL EDUCATION FUND, POLL TAX AND SPECIAL COUNTY TAXES Under an opinion of the Attorney General the placing of all towns of less than 2,000 population under the con- trol of the county board of education does not repeal that provision of the municipal code which requires that all public school funds for municipalities shall be disbursed by the town treasurer. It therefore becomes the duty of the county superintendent to place on his regular pay roll the names of the treasurers of such towns for any amounts of general education fund and poll tax or spe- cial county tax which the county boards shall apportion to the schools of said towns; the same to be paid out by the treasurer on a special Town Pay Roll prepared by the principal and approved by the local trustees and the county board of education. In cities of 2,000 population and over the name of the treasurer should be placed on the regular monthly pay roll for such part of the general education fund, poll tax and special county tax apportioned to said towns as is needed to meet the demands of the schools; the same to be paid out by the treasurer on order of the city board of education. INSTRUCTION FOR HANDLING DISTRICT TAXES Special school taxes accruing to rural districts or to incorporated towns of less than 2,000 population should be paid over by the tax collector to the county treasurer of school funds whose duty it is to keep an accurate ac- PUBLIC SCHOOL LAWS OF ALABAMA 19 count of the receipts from each district and report the same monthly to the county superintendent on the "re- ceipt side" of the special district tax pay roll, which should be used by the superintendent for paying out these funds. In the case of an incorporated town under the control of the county board, the name of the town treasurer should be entered on the pay roll for such amount as is shown to be in the hands of the county treasurer of school funds to the credit of that district. For the rural districts the names of the teachers should be entered on the pay roll for such amount as is to be paid from this fund. Special district taxes accruing to cities of more than 2,000 population should be paid over by the tax collector to the city treasurer to be disbursed by him on order of the board of education. ARTICLE 7. (Sections 1697, 1698, 1699, and 1700 of this Article repealed by county board law found on page 10 of this pamphlet. Section 1701 is probably repealed by Municipal Code found on page 128 of this pamphlet.) ARTICLE 8. COUNTY SUPERINTENDENT OF EDUCATION. 1704. (3552) (956) Oath of office and bond.— Every county superintendent of education, before entering upon the duties of his office must take oath of office pre- scribed by the Constitution and give bond in an amount to be fixed by the superintendent of education, but in no case to be less than double the probable amount of money that may be in his hands at any time, with good and suf- 20 TUBLIC SCHOOL LAWS OF ALABAMA ficient sureties, and payable and conditioned as official bonds of other public officers. 1705. (3553) (957) Approval and record of bond. — Such bond must be approved by, and, with the oath of office, must be filed and recorded in the office of the judge of probate of the county ; and a certified copy of the bond must also be filed in the office of the superintendent of education for his approval. 1706. (3554) (958) New or additional bond; effect of notice to give. — The superintendent of education shall require of any county superintendent of education a new or additional bond in the same, or a different amount, as that of the original bond, whenever he shall find it neces- sary for the protection of the educational fund of the county; and no county superintendent of education after receiving notice to give such new or additional bond, shall continue in the discharge of the duties of his office until such new or additional bond is given. 1707. (3556) (960) His duties.— The duties of the county superintendent of education shall be as follows : 1. He shall have an office at the county site of his county, where he must, on the first Saturday of each month from the beginning of the scholastic year until the close of the public schools of that year, be present to transact business with the officers and teachers of public schools. 2. (This subdivision is inoperative because of act creat- ing a county treasurer of school funds, found on page 17 of this pamphlet.) 3. He shall examine into the condition of all school funds of his county, including the sixteenth section fund, and sixteenth section lands unsold in his county; and he is authorized and required in the name of the State for the use of the township, to bring all necessary suits for the recovery of the possession of such lands, or against. • trespassers thereon. 4. He shall, as soon as he receives the annual appor- tionment of the educational fund to his county and the PUBLIC SCHOOL LAWS OF ALABAMA 21 same has been apportioned among the districts by the county board of education, notify the district trustees of each district of the amount apportioned to each separate school district. 5. He shall enter in a book or books, kept for that pur- pose, the exact amount and date of all moneys received and paid out by him on account of the educational fund of his county, showing by whom or to whom paid, and for what purpose, and also the amount of the educational fund apportioned to and distributed in each district for each race ; and such books shall be open to the inspection of all persons interested. 6. He shall, on or before the fifteenth day of October of each year, forward to the superintendent of education, on blanks to be furnished him by the latter, an annual report of the public schools of his county for the preced- ing year, which shall set forth (1) the amount of school money received by him from all sources to the end of the year, specifying how much was received from each source ; (2) how much has been disbursed by him during such year, for what purpose, and the names of teachers to whom money has been paid, the time they taught, and the total amount paid to each teacher; (3) the amount of funds then in hand for each township or school dis- trict in his county; and (4) the manner in which, and the extent to which, he has discharged the duties required by law to be performed by him. 7. He must, monthly, on the first Saturday in each month of each year, or as soon thereafter as practicable, pay the teachers of the public schools, upon the certifi- cate of the trustees of the district in which the school was taught; and in counties in which separate districts have been established by special laws, he shall pay over to the officers authorized to receive the same their pro- portionate shares of the school revenues at the times above designated. 1708. (3557) (963) Forfeiture for failure to make annual reports. — If any county superintendent shall will- fully fail to make out and forward to the superintendent of education any annual report required by this article, 22 PUBLIC SCHOOL LAWS OF ALABAMA within ten days after the time it should be made, he shall be liable to a forfeiture of his commission, to be declared by the superintendent of education and to removal from office. 1709. (558) (962) Books and accounts liable to ex- amination. — The books, accounts and vouchers of the county superintendent of education may be examined at any time by the superintendent of education in person or by duly authorized agent. No. 269.) AN ACT (H. 244. To prescribe the duties and powers and to fix the com- pensation of the county superintendents of education of the several counties of this State. Section 1. Be it enacted by the Legislature of Alabama, That the duties and powers of the county superintendent of education shall be as follows : He shall have an office at the county site of his county ; where he must, on every Saturday of each month except in the months of June, July and August, be present in person or by representa- tive to transact business with the officers and teachers of the public schools. He shall examine into the condition of all school funds of his county including the sixteenth section fund, and sixteenth section lands unsold in his county. He shall as soon as practicable, notify the dis- trict trustees of each district of the amount available as salaries of the several teachers in the district. He shall, when required by the county board of education, devote his entire time to the work of visiting and supervising the schools of the county when any of the public schools are in session, visiting all of the schools of the county as often as possible, and each of them at least once annually. When visiting a school, he shall notice carefully the con- dition of the schoolhouse, grounds and equipments, call- ing to the attention of the local trustees any apparent needs of the school. He shall observe the class work of PUBLIC SCHOOL LAWS OF ALABAMA 23 each teacher and, when necessary, give model lessons for the benefit of the teacher. He shall encourage, the organi- zation of school improvement associations, and the build- ing up of school libraries. He shall make, on blanks fur- nished by the State department of education, monthly reports to the county board of education, covering fully and in detail his work during the preceding month, send- ing a duplicate report to the superintendent of education at Montgomery. He shall, on or before the fifteenth day of October of each year, forward to the superintendent of education, on blanks to be furnished him by the latter, an annual report for the preceding year, which shall set forth (1) The amount of school money paid into the hands of the treasurer of the county school funds and from what sources; (2) The amount disbursed by the treasurer and for what purpose; (3) What amounts of public school funds, if any, passed through his hands into the hands of the county treasurer of the public school funds and from what sources; and his annual re- port shall supply whatever information may be called for the State superintendent of education touching the public schools of the county. Approved April 8th, 1911. ARTICLE 9. (This article is repealed by the county board law found on page 10 of this pamphlet.) ARTICLE 10* ENUMERATION OR CENSUS OF SCHOOL CHILDREN 1717. Census or enumeration of school children. — The district trustees of each public school district in this *See subdivision 14 of section 6 of the county board law found on page 13 of tbis pamphlet. 24 PUBLIC SCHOOL LAWS OF ALABAMA State, whether existing under general law or created by special or local law, and the boards of education or school trustees, or other governing board or body, of any public school district, lying in any incorporated town or city in this State, shall cause to be made during the month of July, 1908, and every even-numbered year thereafter, an enumeration of all the children within school age residing in each of said several school districts, and to that end said trustees, or boards of education, or other governing board or body, shall select and appoint a proper and com- petent person to make such enumeration, on blanks to be prepared and provided by the superintendent of education of the State, and such person shall make a report of such enumeration under oath to the county superintendent of education of his county by the 15th day of August next succeeding the time of the taking of said census. The county superintendent shall then make a written verified report by districts to the superintendent of education of the State. 1718. Compensation of enumerators. — The court Of county commissioners, or board of revenue, or other court of like jurisdiction for each county, shall fix the compensation of each of said persons taking such school census in each district, no part of which is situated in any incorporated town or city, and shall order the same paid to such persons out of the general funds in the county treasury of the county wherein such enumerations are made, and the mayor and city council, or other governing body, of any municipality wherein a public school district is situated, in whole or in part, shall fix the compensation of the person who shall take the school census in such district, and shall order the same paid out of the treasury of such town or city. 7755. False or fraudulent enumeration of school chil- dren; penalty for. — Any person appointed to make an enumeration of the children within school age of any public school district in this State as required by law, who shall knowingly make a false or fraudulent enumeration or report of the number of children within school age PUBLIC SCHOOL LAWS OF ALABAMA 25 residing in such district, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, and shall also be sentenced to hard labor for the county for not less than six months nor more than twelve months. ARTICLE 11. TEACHERS: QUALIFICATIONS, LICENSE, POWERS, AND DUTIES OF. 1719. Board of examiners. — There shall be constituted a State board of examiners to be composed of the superin- tendent of education, who shall be the president of the board, and two other persons, to be appointed by him, who shall be teachers of extensive experience and recog- nized ability. The term of office of said board shall be co-equal with that of the superintendent of education. 1720. (Repealed.) 1721. List of questions prepared. — The State board of examiners shall prepare questions for the examination of teachers and the president of the State board of exam- iners shall cause lists of the questions so prepared to be printed and shall ten days before the date of each exam- ination send to each person appointed to conduct exam- inations in the counties of the State a sufficient number of the lists. The questions so sent shall be enclosed in a sealed package and the said seal shall not be broken, except as provided by law. 7750. Stealing examination questions, penalty for. — Any person who purloins, steals, buys, receives, sells, gives, or offers to buy, give, or sell any examination questions or copies thereof of any examination provided by law before the date of examination for which they have been prepared shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than 26 PUBLIC SCHOOL LAWS OF ALABAMA one hundred dollars, and may be sentenced to hard labor for the county for not less than six months. Note. — A copy of the pamphlet containing the rules and regulations governing the examination of teachers in Alabama may be secured by writing to the superintendent of education at Montgomery. A one cent stamp should be enclosed to cover postage. 1722. Times for examinations of teachers. — The third Mondays in April, July and December are appointed for the examination of teachers. The examination may be continued from day to day for three consecutive days, if such continuance shall be necessary for the completion of the work of the examination, but no examination shall be begun on any other day than the first day mentioned in this section. No examination shall be held at any other time. 1723. (Repealed.) 1724. Examinations in counties; by whom and how conducted. — The regular examination shall be conducted in each county by the county superintendent of education unless for good and substantial reasons the State board of examiners shall deem it best to select for their service another person appointed for that purpose by the State board of examiners, and if he shall be unable, by reason of sickness or other unavoidable necessity to conduct the same, then by some other competent person appointed for that purpose by him. Said examination shall begin at 10 o'clock a. m. of the day_ appointed, at which hour the person appointed to conduct the examination shall, in the presence of the applicants for examination, break the seal of the envelope containing the list of questions, and shall distribute the questions among the applicants. All applicants shall undergo the examination in the same room, or in sight of the person appointed to conduct such examination. 1725. Examination fees. — Each applicant for exam- ination shall, before entering upon the examination, de- posit with the person appointed to conduct the examina- PUBLIC SCHOOL LAWS OF ALABAMA 27 tion an examination fee as follows : An applicant for a third grade certificate, a fee of one dollar; an applicant for a second grade certificate, a fee of one and one-half dollars; an applicant for a first grade certificate, a fee of two dollars ; an applicant for a life certificate, a fee of three dollars. The fees received from the examination of teachers at regular examinations shall be paid into the State treasury to the credit of the educational fund, and the State auditor shall, on the requisition of the superintendent of education, issue warrants on the State treasurer, to be paid out of the educational fund, for the purpose of carrying out the provisions of this article, such as the payment of expenses for postage, for express- age, for clerk hire, for State board of examiners. 1726. Compensation of the appointed members of the State board of examiners. — The secretary of the State board of examiners shall receive twenty-four hundred dollars per annum and the other appointed member shall receive twelve hundred dollars per annum payable in equal monthly installments out of the general educational fund. 1727. Compensation of examiners. — The county su- perintendent or person appointed to conduct the examina- tion in each county shall receive ten dollars for his serv- ices in conducting each examination and may be allowed five dollars for each assistant employed; provided that an assistant may be employed for each fifty applicants or fraction thereof over and above the first fifty in any given county. Tables or desks shall be furnished by the county superintendent, of education to be used by the applicants on such examination ; and the county superin- tendent shall furnish to the State superintendent a sworn statement of the amount expended therefor, which amount shall be paid from the educational fund upon the approval of the State superintendent. Provided that in no case shall the amount allowed exceed ten cents per applicant. 1728. Teachers shall not receive assistance on exam- ination. — Teachers on examination shall not be permitted 28 PUBLIC SCHOOL LAWS OF ALABAMA to sit near enough to one another to read the other's papers, and no teacher on examination shall receive any assistance from any other person, or by reference to any book, map, or chart, or from any other source, and no person shall be licensed to teach who shall endeavor to procure any such assistance. 1729. Statement signed by teachers. — Each teacher so examined shall, upon the completion of his examina- tion, sign a statement that he or she has not received any assistance in said examination from any source; which statement shall be kept on file by the county superin- tendent of education. 1730. Applicant must be of good moral character. — Unless the applicant is known to the person appointed to conduct the examination to be of good moral character, or shall make satisfactory proof of the same, in writing, he or she shall not be admitted to the examination. 1731. Habitual use of profane language or intoxi- cants. — Any one who habitually uses profane language or intoxicants shall be deemed of immoral character. 1732. (3576) (983) Grades of certificates. — There shall be three grades of teachers' certificates, besides the life certificate, hereinafter provided, to be known as certificates of the first, second, and third grades, each of which must show the branches in which the holder has been examined, and his general average. 1733. (3576) (983) Percentage and certificate re- quired. — In no case shall an applicant for a certificate receive the same who fails to answer fifty per cent of the questions propounded in any branch, and whose general average is below seventy-five per cent. Every teacher in the public schools must obtain a certificate prior to his employment. 1734. (3577) (984) Branches of learning examined upon. — Applicants for third grade certificates shall be PUBLIC SCHOOL LAWS OF ALABAMA 29 examined in the following branches: Orthography, reading, penmanship, grammar, practical arithmetic, United States history, geography, the elementary prin- ciples of physiology and hygiene and agriculture, and theory and practice of teaching ; for second grade certifi- cates they shall be examined in all the foregoing branches, with additional requirements in arithmetic, history of Alabama, English grammar and literature, intermediate geography, United States history and civics and class management; for the first grade certificates, they shall be examined in all the foregoing branches, and also in alge- bra, geometry, physics, elementary psychology, the school laws of Alabama, and advanced English; for life certifi- cates, the history of education. 1735. Examinations shall be written; kind of paper and ink to be used. — In all examinations under this arti- cle, the answers shall be written on legal cap paper, with pen and ink. The subject or branch shall be plainly written at the top of the page, and the answers shall be numbered to correspond with the questions. 1736. Examination papers delivered to examiner; transmission to board. — When an applicant shall have completed his examination, he shall write his name and address on each paper of the same, and deliver the same to the person appointed to conduct the examination, who shall enclose the papers of each applicant in a separate envelope, together with his certificate of the good moral character of the applicant, or the written proof of the same, on which he admitted the applicant to examination, and shall transmit the same to the secretary of the State board of examiners without delay. 1737. Board examines and grades papers. — The State Iboard of examiners shall examine the papers coming to it under the provisions of the preceding section, as ex- peditiously as possible, and shall mark upon each paper the teacher's grade in that branch, according to the cor- rectness or approximate correctness of the answers. 30 PUBLIC SCHOOL LAWS OF ALABAMA 1738. Certificates issued. — If, upon such examination, it appears that the applicant is entitled to receive a certificate, the secretary of the board shall prepare a certificate in conformity with this article. The certificate shall be signed by the secretary of the State board of examiners and the superintendent of education, and shall be transmitted to the teacher entitled to the same. 1739. Examination papers kept on file six months. — All examination papers shall be kept on file in the office of the superintendent of education subject to public inspec- tion for six months. 1740. (3579) (985) Lifetime of certificates.— Cer- tificates granted under the provisions of this article shall entitle the holder to teach in the public schools of any county in this State for the following period of time : A third-grade certificate, two years; a second-grade certifi- cate, four years; and a first-grade certificate, six years from the date of issuance of the same. 1741. Life certificates. — Whenever any teacher apply- ing for a certificate shall make proof that he has been engaged for five years in teaching under a first-grade certificate, which proof the county superintendent of edu- cation shall transmit to the State board of examiners, and shall show a high degree of proficiency and profes- sional attainment, such teacher may be granted a life certificate signed as prescribed for other certificates. 1742. {Repealed.) 1743. Revoking certificates. — The superintendent of education shall revoke the certificate of any teacher who shall be guilty of immoral conduct or unbecoming or in- decent behavior. 1744. Register of licensed teachers. — The secretary of the State board of examiners shall keep a register of all teachers examined and licensed under this article, showing the name and postoffice address of each teacher,. PUBLIC SCHOOL LAWS OF ALABAMA 31 and the date and grade of his certificate, and shall keep the same on file in the office of the superintendent of education, and shall devote his time, when not engaged in the work of examining teachers, to clerical work in the department of education. 1745. Separate districts. — The provisions of this arti- cle shall not be construed as to prohibit separate school districts of two thousand inhabitants or more, having authority at present by their charter to examine teachers, to further examine teachers who have certificates granted under this article. 1746. (3578) Instructions as to the nature of alco- holic drinks and narcotics. — Every teacher shall give in- structions as to the nature of alcoholic drinks, tobacco, and other narcotics, and their effect upon the human sys- tem, and such subject shall be taught as regularly as any other in the public schools. 1747. Teaching agriculture in public schools. — In ad- dition to the branches now taught in the public schools, instructions shall be given in the elementary principles of agriculture, and said subject shall be taught as regu- larly as other branches are taught in said school, by the use of a text-book in the hands of the pupils, and such in- struction shall be given in all the public schools of the State. 1748. (3580) (986) Register kept by teacher and submitted. — Every teacher of a public school must keep a register of the actual daily attendance of the pupils in his school, and must submit such register to the dis- trict trustees for their inspection. Note. — A copy of the pamphlet containing the Rules and Regula- tions governing the examination of teachers in Alabama may be secured by writing to the Superintendent of Education at Montgomery. A one-cent stamp should be enclosed to cover postage. 1749. (3581) (987) Monthly report; not entitled to compensation until forwarded. — Every teacher of a pub- 32 rUBLIC SCHOOL LAWS OF ALABAMA lie school must, within five days after the end of each scholastic month, forward to the county superintendent of education, a complete report, setting forth the enroll- ment, attendance, the branches taught, and the number of pupils in each, distinguishing between the boys and the girls, and stating whether a white or colored school ; also the number of days taught, the amount due for serv ices from school revenues of the district, the number of vists by district trustees, and the name and postoffice address of the teacher ; and such report must be sworn to by the teacher before some one of the district trustees, and approved by them ; and no teacher can draw any pay for the services rendered by him until he has forwarded his report in accordance with the requirements of this section. 1750. (3582) (988) To be paid monthly. —The teach- ers of public schools shall be paid monthly, as provided in this chapter. No. 64.) AN ACT (H. 344. To authorize the State board of examiners to issue first grade certificates to graduates of certain institutions of higher learning of this and other States; to provide for the issuance of teachers' certificates to persons hold- ing certificates granted in other States; to authorize the extension of the terms of first grade certificates, of second grade certificates, and of third grade certificates ; and to repeal section 1723 of the Code of Alabama as amended by section 4 of an act approved August 21, 1909. Be it enacted by the Legislature of Alabama: 1. That the State board of examiners is hereby author- ized to grant a first grade teacher's certificate without further examination to graduates of the class A normal schools of Alabama and to the graduates of such other institutions of higher learning in this and other states as may maintain departments for teacher-training meeting PUBLIC SCHOOL LAWS OF ALABAMA 33 such requirements as may be .designated by the State board of examiners; provided, that certificates shall be issued only to such graduates of the different institu- tions as have successfully passed a minimum number of courses in education designated and approved by the State board of examiners. 2. That the State board of examiners is hereby author- ized to grant a certificate of qualification to teach in the public schools of the State to any person holding a cer- tificate, license, or diploma authorizing said person to teach in the public schools of any other state; provided, that the certificate, license, or diploma shall have been originally issued for and in consideration of qualifications at least equal to those required for a certificate of the same grade in this State ; provided further, that the cer- tificate, license or diploma shall be valid in this State for the period for which it shall have been issued in the State where it was originally granted and may, in the discretion of the board of examiners, be made valid for a shorter period. For the purpose of carrying out the provisions of this section, it is hereby made the duty of any county superintendent of education under such rules and regulations as may be prescribed by the State board of examiners, to forward to the State board of examiners within five days after the receipt thereof, any certificate, license, or diploma which may have been issued in any other state and which may be placed in his hands with an application for a certificate of qualification to teach in this State. Said county superintendent of education shall accompany the certificate, license, or diploma so forwarded to the State board of examiners with any ma- terial facts of which he may have knowledge regarding the holder thereof. Upon receipt of the certificate, license, or diploma and application, the State board of examiners shall examine the same together with any facts relating thereto or to the holder thereof, which may have come to its notice, and shall within ten days thereafter either issue a certificate to applicant or transmit to the county superintendent from whom the application shall have been received, notice that the application is denied. The State board of examiners may, under the authority con- 2SC 34 PUBLIC SCHOOL LAWS OF ALABAMA ferred by this section, issue a first grade certificate, a second grade certificate, or a third grade certificate. 3. That the State board of examiners is hereby author- ized to extend consecutively from year to year for a period of one year at a time and for a total of not more than four consecutive years, any first grade certificate, any second grade certificate, or any third grade certifi- cate; provided, that the holder of any such certificate shall have attended some institution of higher learning for at least six weeks and shall have pursued a course of professional study designated and approved by the State board of examiners during the year next preceding the one for which extension of certificate for one year is .sought to be granted. 4. The applicant for a certificate or for the extension -of any certificate under the provisions of this act shall pay the same fees as are now charged applicants for cer- tificates of the same grade. 5. That section 1723 of the Code of Alabama of 1907, as amended by section 4 of an act approved August 21, 1909, be and the same is hereby repealed. 6. All laws or parts of laws in conflict with the provi- sions of this act be and the same are hereby repealed. Approved February 17, 1915. No. 162.) AN ACT (S. 165. To authorize the State board of examiners to issue ■emergency certificates good until the July, 1919, examina- tion. Be it enacted by the Legislature of Alabama: 1. That, inasmuch as there is a dearth of teachers in the State, and schools in a number of counties have been unable to open because teachers holding State certificates are not available, the State board of examiners is hereby authorized, under such rules and regulations as the board may deem right and proper, to issue emergency certifi- cates good until the July, 1919, examination. PUBLIC SCHOOL LAWS OF ALABAMA 35 2. That said emergency certificates shall be classified as first, second, or third grade certificates, and the person to whom any such emergency certificate may be issued shall pay the same fee as for a regular certificate of cor- responding grade. 3. That all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Approved February 18, 1919. CRIMINAL PROVISIONS OF PUBLIC SCHOOL LAW. 6413. Injuring or defacing public or private build- ings, or fences thereof. — Any person who willfully in- jures or defaces any church, or schoolhouse, or building belonging to the State, or to any -county, city, town, or person, or writes or draws figures, letters, or characters, on the walls thereof, or on the fences or inclosures thereof, must, on conviction, be fined not less than ten nor more than one hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than three months ; and the fine goes to the injured party. It shall not be necessary to aver or prove the ownership of any church or schoolhouse in prosecu- tions under this section. 6769. Disturbing people met for school purposes or holiday. — Any person who willfully disturbs any school,, or other assemblage of people, met for any lawful pur- pose, or for amusement or recreation on a holiday for a school, must, on conviction, be fined not less than five nor more than fifty dollars. 6834. Embezzlement by using school money for other than school purposes. — Any person into whose hands, or under whose control, any of the public school money may come, who uses or permits the use of the same, or any part thereof, except for purposes of the public schools, and in accordance with the law regulating the public schools, and providing for the disbursement of the public 36 PUBLIC SCHOOL LAWS OF ALABAMA school money, is guilty of embezzlement, and, on convic- tion, must be punished as if he had stolen it. 6897. Shooting, throwing missiles into, etc., dwelling and other houses. — Any person who shoots a pistol or other firearm or slingshot, or who throws a stone or other missile at, into, in, through, or against a dwelling house, schoolhouse, church building, factory, storehouse, courthouse, or house or building used for manufacturing purposes, or any house or building used for the assem- blage of people for business or pleasure, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not more than one thousand dollars, and may be sen- tenced to hard labor for the county for not longer than twelve months. [Schoolmaster stands in loco parentis and' may, in a proper case, inflict corporal punishment ; but is criminally liable for an abuse of his authority.— Boyd v. State, 88 Ala. 169 ; McCormack v. State, 102 Ala. 156.] 7750. Stealing examination questions, penalty for. — Any person who purloins, steals, buys, receives, sells, gives, or offers to buy, give, or sell any examination questions or copies thereof any examination provided by law before the date of the examination for which they had been prepared shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars, and may be sentenced to hard labor for the county for not less than six months. 7751. Use of other than contract books in public schools. — Any teacher who shall use or permit to be used in his or her school any text-book upon the branches for which text-books are adopted, where the commission has adopted a book upon the branch, other than the one so adopted, except supplementary books, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than ten dollars nor more than fifty dollars. 7752. Charging more than contract price for school books. — Any local agent, dealer, clerk, or other person PUBLIC SCHOOL LAWS OF ALABAMA 37 handling or selling the books adopted as school text-books, who shall demand or receive for any copy of any of the books so adopted more than the contract price, in cases where the purchase is for cash, shall be guilty of a mis- demeanor, and, upon conviction, shall for each offense be punished by a fine of not less than fifty nor more than five hundred dollars. 7753. Text-book provisions; violation of, penalty. — Any person or teacher violating the provisions of article 18 of chapter 41 of this Code as to text-books, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than ten dollars nor more than fifty dollars. 7754. Schoolhouse warrants or proceeds, wrongful application of; penalty. — Any person who shall knowingly use or apply or authorize the use or application of the proceeds, or any part thereof, of any warrant delivered to him under article 31 of chapter 41 of this Code, for the purpose or objects other than as required by said articles, shall be guilty of a misdemeanor and, on convic- tion, shall be fined not less than two hundred dollars nor more than one thousand dollars, and may also be impris- oned in the county jail or sentenced to hard labor for the county for not more than six months. 7755. False or fraudulent enumeration of school chil- dren; penalty for. — Any person appointed to make an enumeration of the children within school age of any public school district in this State as required by law, who shall knowingly make a false or fraudulent enumera- ation or report of the number of children within school age residing in such district, shall be guilty of a misde- meanor, and, on conviction, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, and shall also be sentenced to hard labor for the county for not less than six months nor more than twelve months. 38 PUBLIC SCHOOL LAWS OF ALABAMA ARTICLE 13. CHILDREN AND PUPILS ELIGIBLE TO PUBLIC SCHOOLS 1755. (3595) (1000) Pupils entitled to instruction in public schools. — Every minor over the age of seven years shall be entitled to admission into, and instruction in any public school of his or her own race or color in this State. 1756. (3597) When non-residents entitled to school privileges. — Any parent or guardian residing within the State who shall pay a local or special tax on real estate valued at five hundred dollars or more, in any city or school district, shall be entitled to the privilege and bene- fits of the public schools in such city, or school district, for their children, the same as parents and guardians resident therein. The provisions of the charter of any municipality, or separate school district, in conflict here- with, are expressly repealed. 1757. (3600) (1003) Separate schools for the two races. — In no case shall it be lawful to unite in one school children of the white and colored races. No. 470.) AN ACT (H. 319. To compel the attendance at school of children within certain ages in the State of Alabama ; to fix exceptions to such provisions ; to provide means for the enforcement of this act; to require reports from private or parochial schools; to make it unlawful for any parent, guardian, or other person occupying the place of parent, to violate the provisions hereof; to make it unlawful for any per- son, firm, corporation, or association to employ any child in violation of the provisions of this act ; and to fix punish- ments and penalties for the violations of this act. Be it enacted by the Legislature of Alabama: PUBLIC SCHOOL LAWS OF ALABAMA 39 1. That on and after the first day of October, 1917, every parent, guardian, or other person in the State of Alabama having control or charge of any child or chil- dren between the ages of eight and fifteen years inclusive, shall be required to send such child or children to a public school or to a private, denominational, or parochial school taught by a competent instructor, and such child or chil- dren shall attend school for at least eighty days during each and every scholastic year ; provided, that the county board of education, or in the case of an incorporated city^ or town, the city or town board of education, shall have power to reduce the period of compulsory attendance to not less than sixty days for any individual school; pro- vided further, that the period of compulsory attendance for each school shall commence at the beginning of the school, unless otherwise ordered by the county board of education or by the board of education of an incorporated city or town, as the case may be. 2. That any or all children who have completed the elementary course of study of seven grades or the equiva- lent thereof, shall be exempt from the provisions of this act, and in case there be no public school within two and one-half miles by the nearest traveled road of any person between the ages of eight and fifteen years inclusive, he or she shall not be subject to the provisions of this act unless public transportation within reasonable walking distance is provided; provided further that the teacher of any school, with the approval of the attendance officer, shall have the authority in the exercise of a sound discre- tion to permit the temporary absence of children from the school, between the ages of eight and fifteen years inclusive, in extreme cases of emergncy or domestic necessity. 3. That any or all children who are physically or men- tally incapacitated for the work of the school are exempt from the provisions of this act, but the school authorities shall have the right and they are hereby authorized when such exemption under the provisions of this act is claimed by any parent, guardian, or other person having control of such child or children, to require from a practicing physician a properly attested certificate that such child 40 PUBLIC SCHOOL LAWS OF ALABAMA or children should not be required to attend school for some physical or mental condition which renders his at- tendance impractical or inexpedient. 4. That in any cases where because of extreme poverty, the services of such child are necessary for his own sup- port or the support of his parents, as attested by an affi- davit of said parents and such witnesses as the attendance officer hereinafter provided for may require, or in any case where such parent, guardian, or other person having control of the child, shall show before any justice of the peace by affidavit of himself and of such witnesses as the attendance officer hereinafter provided for may require, that the child is without necessary books and clothing for attending school and that he is unable to provide the necessary books and clothes, then said child may be ex- cused from the provisions of this act until, through charity or other means, books and clothing shall have been pro- vided, and thereafter the child shall no longer be exempt from such attendance. 5. That the county boards of education 'shall divide their respective counties exclusive of all cities and towns, into not less than one or more than five attendance dis- tricts, and said board shall appoint an attendance officer for every district created, who shall hold his office at the will of the county board of education, and the boards of education of all cities and towns shall appoint one or more attendance officers for their respective cities and towns to serve at the pleasure of the appointing board. 6. That at the beginning of the annual period of com- pulsory attendance, the State superintendent of educa- tion or the county superintendent of education, as the case may be, shall supply to each principal teacher in each school a list of all children between the ages of eight and fifteen years inclusive, who shall attend such school. At the end of the fifth day of the compulsory attendance period of any school, the principal teacher shall report to the attendance officer of the attendance district, the names and addresses of all persons between the ages of eight and fifteen years, inclusive, who have not enrolled in said schools, and throughout the compulsory attendance period, the principal teacher of each school shall report PUBLIC SCHOOL LAWS OF ALABAMA 41 to the attendance officer of the attendance district the names and addresses of all pupils between the ages of eight and fifteen years, inclusive, who are absent for five consecutive days and whose absence is not satisfactorily explained by the parent, guardian, or other person having control of the child. 7. That it shall be the duty of the attendance officer to investigate all cases of non-enrollment and non-attend- ance reported to him in accordance with section 6. In all cases investigated where no valid reason for non-en- rollment or non-attendance is found, it shall be the duty of the attendance officer to give written notice to the parent, guardian, or other person having control of the child, and in the event of the absence of the parent, guardian, or other person having control of the child, from his or her usual place of residence, the attendance officer shall leave a copy of the notice with some person over twelve years of age residing at the usual place of residence, with instructions to hand such notice to such parent, guardian, or other person having control of such child, which notice shall require the attendance of said child at such school within three days from date of said notice. 8. That if within three days from date of service of the notice, the parent, guardian, or other person having control of the child, does not comply with the provisions of this act, then the attendance officer shall make com- plaint in the name of the State of Alabama against such parent, guardian or other person having control of such child, in a court of record of such county, which court is hereby clothed with jurisdiction over all offenders and the proceedings under this act, with full power to hear and try all complaints, impose fines, enforce their collec- tion, by imprisonment if necessary, and fully execute the provisions of this act. 9. That it shall be unlawful for any merchant, cor- poration, company, or other person, without the written permit of the county board of education or the board of education of any incorporated city or town, as the case may be, to employ during school hours any child between the ages of eight and fifteen years, inclusive, unless such 42 PUBLIC SCHOOL LAWS OF ALABAMA child is exempt under the provisions of sections 2, 3, or 4 of this act ; provided, that any parent, -guardian, or other person having control of such child delinquent in school attendance, or any merchant, corporation, company, or other person violating the provisions of this act, shall be guilty of a misdemeanor and shall be fined in a sum not less than five dollars nor more than fifty dollars, and may be committed to the county jail for a term of not to exceed thirty days ; provided, that all fines collected shall be paid into the county treasury; provided further, that it is hereby made the duty of all city attorneys in their respec- tive cities, and all county and circuit solicitors for the districts of their respective counties and for such incor- porated cities and towns as do not employ a city attorney, to prosecute all complaints filed and actions brought under this act. 10. All school officers, including those in private, de- nominational, or parochial schools in this State, offering instructions to pupils within the compulsory attendance ages, are hereby required to make and furnish all reports that may be required by the State superintendent of edu- cation and by the county superintendent of education or by the board of education of any incorporated city or town, with reference to the workings of this act. Every teacher employed in the public schools of the State of Alabama is hereby required, before receiving each month's salary, to make a report to the county superintendent of education, or to the superintendent or principal of an incorporated city or town in which he may be employed, showing the names and addresses of all pupils who have been truant or habitually absent from school during the previous month, and stating the reasons for such truancy or habitual absence, if known; provided, that all such cases of said truancy shall be brought to the notice of the attendance officer by the county superintendent or by the superintendent or principal of the school in any incor- porated city or town, as the case may be, and the same shall be investigated by said officer. 11. That in case that any pupil has become habitually truant or a menace to the best interests of the school which he is attending or should attend, then it shall be PUBLIC SCHOOL LAWS OF ALABAMA 43 the duty of the attendance officer to report such fact and condition to the parent, guardian, or other person having control of such child, who shall be held liable under the provisions of this act for the regular attendance and good conduct of such child, unless such parent, guardian, or other person having control of such child shall state in writing to the attendance officer that he or she is unable to control such child, whereupon said attendance officer shall proceed against such incorrigible pupil as a disor- derly person before a court of competent jurisdiction, and said child upon conviction may be sentenced, if a white boy, to the Alabama Boys' Industrial School ; or if a white girl, to the Mercy Home and Industrial School; or if a negro boy, to the Alabama Reform School for Juvenile Negro Law-Breakers ; or if a negro girl, to such custodial institutions in the State as the judge may designate and for such time as the court may decide ; provided, that the maintenance of such child in the institution shall be paid as the law provides for the maintenance of such as are committed to the aforesaid institutions, and in all cases where a child is so committed, it shall be placed in charge of some suitable person designated by the court and con- veyed under his direction to the designated institution, and the actual necessary expenses thereby incurred shall be paid by the board of county commissioners or the county board of revenue; provided, that a woman shall always be sent to accompany girls so committed. 12. That the attendance officer, whose appointment is by this act provided for, shall keep an accurate record of all notices served, all cases prosecuted, and all other services performed, and shall make an annual report of . the same to the county board of education, or in the case of an incorporated city or town, to the city or town board of education by whom he is employed. Said attendance officers who are appointed by the county board of educa- tion shall receive from the county treasury not more than three dollars for each day of actual service, and the at- tendance officers appointed by the board of education of any incorporated city or town shall receive from the treas- ury of said city or town not more than three dollars for each day of actual service. Said attendance officers shall 44 PUBLIC SCHOOL LAWS OF ALABAMA be paid as other employees of the county or of the incor- porated cities or towns, as the case may be, are paid; provided, that no attendance officer shall receive any com- pensation under the provisions of this act until he shall have filed an itemized statement of the time employed in such service and until the same shall have been certified to by the county superintendent of education, or by the secretary of the board of education in an incorporated city or town, as the case may be, in which said attendance officer is employed, provided further, that no attendance officer shall be paid for more days service in any one year than the number of days the school is in session that year. 13. That in order that the provisions of this act may be more definitely enforced, the county superintendent of education shall, not later than ten days before the com- pulsory attendance term, furnish to each principal teacher of a rural school, and to the superintendent or principal of the school or schools in any incorporated city or town, a list of all the children from eight to fifteen years of age, inclusive, who should attend the school or schools under the charge of the said principal teacher of a rural school, or of the superintendent or principal of a school or schools in any incorporated city or town, as the case may be,, giving the name, date of birth, age, sex, race, and esti- mated distance from the schoolhouse by the nearest trav- eled road, the name and address of parents, guardian, or other person in parental relationship. 14. That the information required under section 13 shall be prepared by the county superintendent of educa- tion during the even numbered years, from the census booklets on file in his office, and in the odd numbered years, it shall be prepared by the county superintendent of education by correcting and supplementing the list prepared and furnished by him the preceding year; and to this end the district trustee or trustees of any rural school, and the secretary of the board of education in any incorporated city or town, shall furnish to the county superintendent of education on or before the fifteenth day of August of each odd numbered year, a list of all pupils who have removed from the bounds of the school or schools, as the case may be, and an additional list giv- PUBLIC SCHOOL LAWS OF ALABAMA 45 ing the name, date of birth, age, sex, race, and estimated distance from the schoolhouse by the nearest traveled road, and the name and address of the parent, guardian, or other person in parental relationship of those pupils who have moved within the bounds of the school or have become eight years of ace since the last school census. Approved September 15, 1915. No. 221.) AN ACT (S. 170. To require private, denominational, and parochial schools to make school reports. Be it enacted by the Legislature of Alabama: 1. That all private, denominational and parochial schools, or private, denominational and parochial institu- tions of any kind having a school in connection therewith, shall be required to report on uniform blanks furnished by the State superintendent of education, and at the time for making such reports, such statistics as relate to the number of pupils and instructors, enrollment, attendance, course of study, length of term, cost of tuition, funds, value of property, and the general condition of the school. 2. All private, denominational or parochial schools offering instruction within the compulsory attendance ages shall keep all records and make all reports that may be required in any compulsory attendance law now in force or that may hereafter be enacted in the State of Alabama, and no pupil attending any private, denomina- tional, or parochial school which fails to comply with the requirements of this act shall be considered to have met the legal requirements of such compulsory attendance law. Approved August 16, 1915. 46 PUBLIC SCHOOL LAWS OF ALABAMA ARTICLE 14. EXAMINATIONS IN PUBLIC SCHOOLS. 1758. (3599) (1002) Public examinations, and cer- tificates to pupils. — Public examinations must be held in the public schools at least once in every year; and when the board of education shall be satisfied that any pupil has become thoroughly educated in all the branches of free instruction in any one of such schools, they shall give to him or her a certificate to that effect. ARTICLE 15. SCHOLASTIC PERIODS. 1759. (3598) (1001) Scholastic periods. — The scho- lastic year shall begin on the first day of October of each year, and end on the thirtieth day of September of the following year; twenty days shall constitute a school month, and a school day shall be not less than six hours. ARTICLE 16. APPORTIONMENT OF SCHOOL FUNDS; DISBURSEMENT 1760. (3601) (1004) State auditor certifies amount of educational fund; superintendent apportions. — On the first day of October of each year, or as soon thereafter as practicable, the State auditor shall certify to the superin- tendent of education the amount of money which has accrued and been placed by him to the credit of the edu- cational fund for the scholastic year commencing on that day, stating specifically the amount derived from each source, and any unexpended balance there may be from the appropriation of the previous year to be carried for- ward; and the amount so certified shall be apportioned by the superintendent of education, and be drawn and dis- bursed as provided by law. PUBLIC SCHOOL LAWS OF ALABAMA 47 1761. (3602, 3605) (1005, 1008) Contingent ex- penses and amount for normal schools set apart;' residue apportioned. — As soon as such certificate is received by the superintendent of education, he shall set apart the following amounts for normal schools, to-wit: For the normal schools at Florence, Troy, Jacksonville and at Livington, twenty thousand dollars each; and for the normal schools at Moundville and Daphne, five thousand dollars each; and for other normal schools, such sums as are provided by law, and he shall then apportion all the remainder of such funds, as far as practicable, among the several counties in the State in proportion to the number of school children of school age therein, according to the latest returns of enumeration of school population of the counties which have been made to his office, but if such enumerations have not been made as provided by law, or have not been reported to him by the county superintendent of education, and the superintendent of education has not caused a new enumeration to be made,, he shall then apportion to each county according to the.' best information he can obtain of the entire number, of children of school age in such counties, but in no event shall he, in case of such failure to enumerate or report all the children of school age in the respective counties, estimate the school population of any county at more than the last official report to his office. 1762. (363) (1006) Amounts apportioned certified to auditor; no warrants drawn in excess; balance unap- portioned certified to treasurer. — As soon as such amounts have seen set apart, and such apportionment has been made, the superintendent of education shall certify to the State auditor the amount set apart for each particular purpose or appropriation, and the total amount of the ap- portionment to the several counties, and the State auditor shall see that no warrants are drawn against the educa- tional fund, for any purpose, for any amount in excess of the amounts so certified as set apart and apportioned ; and he shall certify to the State treasurer the amount of the school revenue, exclusive of poll tax, unapportioned by the superintendent of education, and the treasurer 48 PUBLIC SCHOOL LAWS OF ALABAMA shall set apart the amount out of any money received from the taxes of the current year, and he shall keep the same separate and apart from all other revenues, and shall not pay out any of such money except upon warrants for school purposes. 1763. Supe7'intendent must certify and report amount of school fund apportioned to the several counties to the county superintendents of education. — As soon as prac- ticable after the superintendent of education has appor- tioned to the several counties the amount of school funds in proportion to the number of school children of school age therein, he shall certify and report the amount to the respective county superintendents of education, or to the county board of education in case there is no county su- perintendent of education, taking their receipts for such amounts so certified. 1764. (3604) (1007) Interest on sixteenth-section or other trust fund first set apart; effect of apportion- ment. — In making the apportionment of school money to the several districts, the superintendent of education shall first set apart to each township or other school district the amount due from the State thereto as interest on its sixteenth-section fund, or other trust fund, held by the State; and all townships or school districts, having an income from such source, or from the lease or sale of sixteenth-section lands, shall not receive anything out of the balance of the educational fund to be apportioned, until all other townships or school districts, having no trust fund shall have received from the general fund such amount as will give them an equal per capita appor- tionment with the townships or districts having such income. 1765. Apportionment of school funds to school dis- tricts of the several counties. — As soon as practicable after the superintendent of education has apportioned the school funds to the several counties and has certified the same to the county superintendents of education, the county boards of education shall apportion the funds PUBLIC SCHOOL LAWS OF ALABAMA 49 awarded to their county to the several school districts in their counties, so as to provide, as nearly as practicable, school terms of equal duration in such school districts. 1766. Report of apportionment by county boards of education to superintendent of education. — As soon as practicable after the county boards of education have apportioned the school funds of their country for any scholastic year to the several school districts, they shall report in writing their proceedings to the superintendent of education, showing the amounts apportioned to the several school districts. 1767. County boards must keep record of apportion- ment. — County boards of education must keep a record of each and every apportionment of school funds of their counties to the several school districts. 1768. (3606) (1009) Apportionment recorded, and certified to county superintendents; when contracts for school invalid. — As soon as such apportionment is com- pleted, the superintendent of education shall have the same recorded in his office, in books kept for that pur- pose, showing the amount which has been apportioned to each district, and the sources from which the same was derived, the amount to each district, and the number of children in the district upon which the apportionment was based; and he shall then furnish to each county su- perintendent of education a certified copy from such books, showing the dividends of the educational fund to each township or district under the latter's supervision; and the amount so divided and certified shall be the total amount which each of said school districts shall be en- titled to receive from the State, except the poll tax, during the current scholastic year; and no contract to pay any school or schools, for any district more than the amount thus apportioned to it, together with such poll tax as it may receive, and such funds as may be in hand from any previous year, shall be valid against the State or town- ship. 50 PUBLIC SCHOOL LAWS OF ALABAMA 1769. (3607) (1010) Poll tax received by each coun- ty. — Each county shall receive as school money all the poll tax collected therein; and the same shall be its full distributive share of the aggregate poll tax collected in this State. (See section 2199 of the Code.) 1770. (3609) (1012) Amounts due each county ap- portioned and certified to auditor. — The superintendent of education shall, by the tenth day of October in each year, or as soon thereafter as practicable, apportion to every county the amount of school money such county will be entitled to receive for the scholastic year from all sources except such special tax, if any, levied for school purposes in any county ; and he shall certify the same to the State auditor. 1776.* (3617) (1016) Apportionment and expendi- ture of local school money. — All local school funds raised, for the support of public schools by taxation or other- wise shall be apportioned and expended in the district or districts or counties in which the same were raised, under such rules and regulations as the district trustees, or other local authority provided by law, may prescribe; but this section shall not be construed to repeal any provision for the apportionment and disbursement of money mentioned in this chapter, or provided for in special or local laws; and all funds contributed by persons, or otherwise, to such district, shall be applied as indicated in the grant from such contributors ; and no school moneys distributed to the various counties from the State school revenue shall, either directly or indirectly, be paid for the erection of schoolhouses, for the use of schoolroom furniture, or any other contingent expenses of schools. 1777. (3618) (1017) Apportionment of income from trust fund when township divided. — Whenever a town- ship or district which has an income from a trust fund is divided by a State or county line, or otherwise, into *See law for local taxation at end of article 16, page 52. PUBLIC SCHOOL LAWS OF ALABAMA 51 separate districts, or includes a city which is a separate school district, such income must be divided between and apportioned to each school district in such township or district, according to the school population of each. 1778. (3620) (1019) Fund once apportioned, not used for other purposes until reapportioned. — Funds which have accrued and have been apportioned to any district or race shall not be used for the benefit of any other district or race until the same shall have been re- apportioned under the provisions of this Code. 1779. (3621) (1020) What part of income new dis- tricts are entitled to. — Whenever any separate school dis- trict is created, which shall embrace parts of two or more districts, such district shall receive its proportion- ate share of the income from any trust fund belonging to either or both of such districts, according to its school population. 1780. (3622) (1021) Contingent fund for depart- ment of education. — The State treasurer shall annually set apart, out of any money in the treasury, the sum of three thousand dollars as a contingent fund for the de- partment of education; and whenever it shall become necessary to draw on such fund, the superintendent of education shall certify the amount necessary, and for what purpose, to the auditor, who shall draw his warrant on the treasurer for such amount. The superintendent -of education shall keep an accurate account of all sums which he shall certify to be paid out of such contingent fund, and shall furnish an itemized statement thereof to the governor each year, with his annual report. Out of this fund the superintendent of education shall also pro- vide plans, specifications and blue prints for the use of such rural school districts as may desire to erect, with -State aid, new school buildings. 52 PUBLIC SCHOOL LAWS OF ALABAMA No. ) AN ACT (S. 82. To provide for elections to authorize any county in the State to levy and collect a special county tax for public schools not to exceed thirty (30) cents on each one hun- dred dollars ($100) worth of taxable property in such county ; to authorize any school district, in any county that may be levying special county taxes for school purposes of not less than thirty (30) cents on each one hundred dol- lars ($100) worth of taxable property in such county, to levy a special district tax for school purposes not to ex- ceed thirty (30) cents on each one hundred dollars ($100) dollars worth of taxable property in such school district ; and to authorize boards of education to issue interest- bearing warrants to erect, repair and equip school build- ings and to otherwise improve school facilities. Be it enacted by the Legislature of Alabama: 1. That upon a petition signed by two hundred or more qualified electors of any county, to the court of county commissioners or other governing body, in any county within the State of Alabama, said court of county com- missioners or other governing body shall order an election to be held at the time specified in said petition to deter- mine whether or not a special tax shall be levied for public school purposes within said county and upon re- quest of the county board of education or of the board of education of any city of 2,000 or more inhabitants as the case may be, to the court of county commissioners or other governing body, said court shall order an election to be held at the time requested by the said board of edu- cation to determine whether or not a special tax shall be levied for public school purposes within any school dis- trict in any county under the control of such board ; pro- vided that no election in any school district shall be held for the purpose of levying and collecting a special school tax for school purposes unless the county in which said district is located shall be levying and collecting special county taxes for school purposes of not less than thirty (30) cents on each one hundred ($100) dollars worth of taxable property in such county. The sheriff must give PUBLIC SCHOOL LAWS OF ALABAMA 53 notice at least thirty days before any election to be held under this act by publication in some newspaper in the county, if any is published therein, and if not, by writing posted at the courthouse door and at three other public places in the county of the time of holding, and when any election is to be held for a special tax for school purposes in any school district, written notice shall be posted in three public places within said district thirty days prior to said election. Said publications, both for special coun- ty and district elections for school purposes shall show the rate of such proposed tax, the time it is proposed to be continued, and the purpose for which the levy is pro- posed to be made. 2. That the inspectors and officers of the special county election shall be appointed and such election shall be held, and the results of such election shall be declared in the same manner and by the same officers as the results of the regular election for county officers under the general election laws of the State ; provided that the election may be held at the time for holding any regular election in the county, and if held at such time the inspectors and officers of the general election shall conduct at the same time the election herein provided for, and for such serv- ices they shall receive no compensation other than that allowed them for the holding of the general election ; but if the election is held at some other time than that of holding the regular election within the county, then the election officers shall receive the same pay as that for holding a general election. 3. That upon a written request of the county board of education or of the board of education of any city of 2,000 or more inhabitants for a special election in any school district under the control of such board, the court of county commissioners or other governing body shall call an election at the time and for the district as requested by the said board of education, and shall appoint three man- agers and one returning officer for each voting place in the school district, to conduct and make return of such election in the school district, and in the event such elec- tion officers fail to appear at the polling place to which they are appointed, the officer or officers who do appear 54 PUBLIC SCHOOL LAWS OF ALABAMA shall appoint some one to take their places; provided; that all election officers shall be qualified electors of the district in which they serve ; and it shall be the duty of the sheriff to notify all officers of their appointment by the court of county commissioners or other governing body. The managers of such election shall open the polls at eight o'clock a. m., and close the same at five o'clock p. m., on the day of the election, and immediately after closing the polls, shall ascertain the results of the election at their respective voting places and make returns of the same to the court of county commissioners or other governing body of the county, and deliver the ballot-boxes containing the returns with the polling-lists, tally-sheets, and other necessary papers, to the returning officers of such voting places, who shall deliver the same to the court of county commissioners, or other governing body, on or before noon of the second day after said election. The court of county commissioners or other governing body, shall within four days after said election, canvass the returns so made and under oath make a written report declaring the result of said election in said school district, showing the number of votes cast both for and against the pro- posed taxation. A copy of such report shall be printed in some newspaper published in the county, and the original shall be filed in the office of the probate judge. Except as otherwise provided herein, said election shall be held under the general laws of the State. The officers, includ- ing the sheriff, shall perform the same duties and receive the same pay as provided for under the general election laws aforesaid; and all costs and fees of said election shall be paid out of the county treasury. 4. That in order to make it possible to work out a sys- tem of local tax units adapted to the needs of the whole county, the county board of education may of its own initiative, fix the boundaries of any school district in which it is proposed to levy a local school tax. In making application for a special election in any such district as provided in section 3 of this act, the county board of education shall submit a map made by the county surveyor or other competent person showing the boundaries of the school district for which the special tax levy is proposed, PUBLIC SCHOOL LAWS OF ALABAMA 55 indicating the section or sections, townships and ranges, together with a correct description of the boundaries of said district. This map shall also show the location of public utilities such as power plants, railroad, telephone and telegraph lines, if any, in such district, and the rail- road mileage for each and every corporation having prop- erty therein. The county superintendent shall include a full and correct description of such boundaries in the minutes of the county board of education and shall also furnish a full and correct description of such boundaries to the State department of education, to the State board of equalization and to the probate judge of the county who shall record the same in a book to be kept by him for that purpose, provided that the tax levy in any district already voted is hereby confirmed, but it is made the duty of the county board of education to have a proper map of such district made and recorded as herein, provided ; provided further, that the levy of a district school tax shall operate to fix the boundaries of such district for the time of such special levy, except as hereafter provided; and provided further that any city of 2,000 or more inhabitants shall constitute an independent school district for the purpose of levying the tax authorized under this act. 5. That when it shall seem desirable to enlarge any special tax district, by consolidating with it any adjacent school territory or district which may, or may not, be levying any special school tax, the county board of educa- cation may petition the court of county commissioners or other governing body, to call an election in all of the dis- tricts concerned including the special tax district pro- posed to be enlarged, to determine whether a special tax for a uniform rate and time shall be voted in each and every one of the districts, provided that the proposed rate and time shall not be less than the maximum rate in any district or the maximum time in any district. There- upon the said board of county commissioners or other governing body shall call an election in like manner as already prescribed in section three of this act, in the several districts proposed to be consolidated and if a majority of the qualified electors in each and all of the districts proposed to be consolidated shall vote favorably, 56 PUBLIC SCHOOL LAWS OF ALABAMA the districts shall be consolidated into a new district and the tax as voted shall be levied and collected in the new district as a unit, but the creation of the new ristrict shall not operate to relieve the county board of education of responsibility and liability for the just obligations of each and all of the districts so consolidated and made prior to such consolidation ; provided that in the event a majority of the qualified > voters in any of the districts proposed to be consolidated shall vote against the pro- posed consolidation, then said consolidation shall not be made and each district shall remain as before and with the same taxing privilege. 6. That the board of education of any county which is levying a county tax for school purposes under the provi- sions of this act, in order to erect, repair or equip school- houses or to make other improvements in the school facili- ties of the county is hereby authorized to issue interest- bearing warrants at a rate not to exceed 6 per cent per annum, for a term not to exceed the time the said special tax lexy has been voted for said county, and for an amount, including interest, not to exceed the income from said levy ; and the board of education of any county or of any city of 2,000 or more inhabitants, in order to erect, repair or equip a schoolbuilding or to make improve- ments in the school facilities of any school district under its control which may be levying a special district tax for school purposes is hereby authorized to issue interest- bearing warrants at a rate not to exceed 6 per cent per annum, for a term not to exceed the time the said tax has been voted in said district, and for an amount, including interest, not to exceed the income from said tax levy; provided, that said interest-bearing warrants issued in accordance with the provisions of this act shall be a pre- ferred claim upon the proceeds of the tax levy in said county or in said school district, as the case may be. 7. That when any election is to be held in any county or in any school district, under the provisions of this act, the court of county commissioners or other governing body, shall provide the necessary number of ballots, poll- ing-lists, tally-sheets, ballot-boxes, booths, instructions for holding the election," and all other necessary and proper PUBLIC SCHOOL LAWS OF ALABAMA 57 stationery for holding said election ; and the sheriff shall see that the same are delivered to the managers before the day of the election. The ballots usd in said election shall have printed at the top of such ballot the rate of such proposed tax, the time it is proposed to be continued, and that it is to be used for public school purposes, and directly underneath in plain type shall be printed on dif- ferent lines the words, "For Proposed Taxation," "Against Proposed Taxation," and a blank must be left directly to the left of each line thereof, and the voters favoring the proposed taxation will make a cross-mark directly to the left of the line "For Proposed Taxation," and the voters not in favor of the proposed taxation will make a cross-mark directly to the left of the line "Against Proposed Taxation," and if it appears as the result of such election that a majority of those voting in said elec- tion have voted for such taxation, the court of county commissioners or other governing body, shall levy said special tax and cause the tax assessor to assess the same on the taxable property in said county, or in said school district, as the case may be> which shall not exceed thirty (30) cents on each one hundred dollars ($100) worth of taxable property in said county or in said school dis- trict, as the case may be; provided that any special tax levied under the provisions of this act shall not be for a shorter term than two years. 8. That whenever such a levy as is provided for in this act is made, it shall be the duty of the tax collector within and for that county to collect such a tax in the same man- ner and under the same requirements and laws as the taxes of the State are collected, and he shall keep said amount separate and apart from all other funds and keep a clear and distinct account thereof showing what amount is paid and turn the same over to the county treasurer of public school funds, whose duty it shall be to receipt there- for and pay out the same on monthly pay-rolls with the authority and approval of the county board of educa- tion, upon uniform blanks prescribed by the State super- intendent of education; provided that the funds arising from levying the special tax for school purposes in any school district, shall be used for the exclusive benefit of 58 PUBLIC SCHOOL LAWS OF ALABAMA the public schools of such district; and in the case of incorporated cities of 2,000 or more inhabitants, shall be paid over by the tax collector to the treasurer of said incorporated city, to be used for the exclusive benefit thereof in accordance with the law ; provided, that in the event an incorporated town located in a special school tax district comprising said town and territory contiguous thereto, should attain a population of 2,000 as evidenced by an official census taken at the time of the regular biennial census of school population, then the government and control of the schools of said town and contiguous territory shall pass from the county board of education to the board of education of said city or town for the un- expired period of any special school tax levy for such district which may have been in effect at the time said city or town attained a population of 2,000 or more inhabitants, and the funds arising from such school tax levy in said district shall be paid over by the tax collector to the treasurer of said county or town and paid out by him on authority of the city board of education for the benefit of the schools of the entire district without regard to the corporate lines. 9. That all persons who are at the time of such election qualified electors in the county where such election is held, or in such school district where such election is held, under the laws and Constitution of Alabama then in existence, shall be qualified electors to participate therein. 10. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. 11. That this act shall take effect upon its passage and approval by the governor. Approved February 13th, 1919. ARTICLE 19. ELECTION FOR SPECIAL TAX FOR PUBLIC SCHOOLS. ORIGINAL CONSTITUTIONAL ONE-MILL TAX. 1851. Petition for call for election. — Upon a petition signed by two hundred or more qualified electors of the PUBLIC SCHOOL LAWS OF ALABAMA 59 county who are also freeholders, to the court of county commissioners, or court of like jurisdiction in any county within the State of Alabama, the said court shall order an election to determine whether or not a special tax shall be levied for the support of the public schools within said county as hereinafter provided; but only one such election shall be held in any two years. 1852. Notice and publication. — There shall be made publication of the same in some newspaper within the county, which publication shall show the rate of such proposed tax, the time it is proposed to be continued, and the purpose for which the levy is proposed to be made. 1853. Managers and officers of election as in general election. — The inspectors and officers of the election shall be appointed and such elections shall be held and the result of said elections shall be declared in the same manner and by the same officers as is the result of the regular elections for county officers under the general laws of the State. 1854. Qualified electors, etc. — All persons who are at the time of such election qualified electors in the county where such election is held under the laws and Constitu- tion of Alabama then in existence, shall be qualified elec- tors to participate therein. 1855. Ballot; form and manner of voting. — The court of county commissioners, or court of like jurisdiction, shall provide a sufficient number of ballots for each voting precinct within said county, and at the top of each ballot shall be printed the rate of such proposed tax, the time it is to be continued, and that the purpose is for the support of the public schools, and directly underneath in plain type shall be printed on different lines the words, "For proposed taxation," "Against proposed taxation," and a place must be left directly to the left of each line thereof, and the voters favoring the proposed taxation will make a cross mark directly -to the left of the line "For proposed taxation," and the voter not favoring proposed taxation will make a cross mark directly to the left of the line "Against proposed taxation." 60 PUBLIC SCHOOL LAWS OF ALABAMA 1856. Special tax levied and assessed. — If three-fifths of those voting at said election have voted for the pro- posed taxation, the court of county commissioners, or court of like jurisdiction, shall levy said special tax, and cause the tax assessor to assess the same on the taxable property in said county, which shall not exceed ten cents on each one hundred dollars of taxable property in said county ; but the rate of such special tax shall not increase the rate of taxation, State and county combined, in any one year, to more than one dollar and twenty-five cents on each one hundred dollars of taxable property in said county, but all special county taxes for public buildings, roads, bridges, and the payment of debts existing at the ratification of the Constitution of 1875 shall not be in- cluded in the aforesaid one dollar and twenty-five cents on the hundred dollars of taxable property. 1857. Time tax continues. — The time such special tax may continue shall not be less than two years. 1858. Tax; how collected and disbursed. — The tax col- lector shall collect such special tax in the same manner and under the same requirements and laws as taxes of the State are collected, and shall keep said amount separate and apart from all other funds, and keep a clear and dis- tinct account thereof, showing what amount is paid by the negro race and what amount is paid by the white race, and turn the same over to the county superintendent of education, whose duty it shall be to receipt therefor and apportion the same to the various schools throughout the county in the same manner as the general school funds from the State are apportioned in said county ; provided, that the school terms of the respective schools shall be extended by such supplement as nearly the same length of time as practicable. 1859. Election held at time for general election; costs of such election. — The election hereinbefore provided for may be had at the time of holding any regular election within the county, and if held at such time the inspectors and officers of the general election shall conduct at the PUBLIC SCHOOL LAWS OF ALABAMA 61 same time the election herein provided for ; and for such services they shall receive no compensation other than that allowed them for the holding of the general election ; but if such an election is had at any other time than that of holding a regular election within the county, then the election officers shall receive the same pay as that for holding a general election. 1860. Compensation of tax collector, tax assessor, and county superintendent of education. — The tax collector, tax assessor, and county superintendent of education shall receive for the services required of them under the provi- sions of this article the same per cent of the funds han- dled as they receive for like services as to general taxes. No. 672.) AN ACT (H. 1397. To make an annual appropriation for any county that may be levying and collecting a special county school tax during any scholastic year, and to provide for the expendi- ture of the fund set apart for any county by the county board of education. Be it enacted by the Legislature of Alabama: 1. That for the school year beginning October 1, 1915, and for each and every year thereafter there is hereby appropriated out of any funds in the State treasury not otherwise expended, the sum of one thousand ($1,000) dollars to each and every county in the State that may be levying and collecting for such school year a one-mill special county school tax. 2. That for the school year beginning October 1, 1917, and for each and every year thereafter, there is hereby appropriated out of any funds in the State treasury not otherwise expended the sum of two thousand ($2,000) dollars to each and every county in the State that may be levying and collecting for such school year a two-mill special county school tax. Provided that any county re- ceiving the benefit of section two of this act shall not be entitled to share under section one of this act. 62 PUBLIC SCHOOL LAWS OF ALABAMA 3. That for the school year beginning October 1, 1917, and for each and every year thereafter, there is hereby appropriated out of any funds in the State treasury not otherwise expended, the sum of three thousand ($3,000) dollars to each and every county in the State that may be levying and collecting for such school year three-mill special county school tax. Provided that any county re- ceiving the benefit of section three of this act shall not be entitled to share under sections one and two of this act. 4. That at the beginning of the school year October 1, 1915, and each and every school year thereafter, the State superintendent of education shall certify to the State auditor the name and amount to be placed to the credit of each and every county under the provisions of this act, and the auditor shall upon request of the State superin- tendent of education, draw his warrant upon the State treasurer in favor of the county treasurer of school funds of the county for the amount so certified by the State superintendent of education in accordance with this act. 5. That the funds so set apart for any county shall be expended by the county board of education of any county entitled to receive the benefits of this act, as in the opinion of said county board will best promote the cause of educa- tion in said county. 6. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Approved September 23, 1915. ARTICLE 17. SCHOOL LANDS; LEASE AND SALE 1781. (3625) (1023) (962) (575) (501) What are school lands, and in whom vested. — School lands, within the meaning of this Code, are sections numbered sixteen, in every township granted by the United States for the use of schools in the township, and such other lands as may have been granted to any township or district for the use of schools ; and all school lands are vested in the State in trust to execute the objects of the grant. (Note. — This article makes sales of sixteenth section and indemnity lands uniform.) PUBLIC SCHOOL LAWS OF ALABAMA 63 No. 195.) AN ACT (H. 646. To amend section 1782 of the Code of Alabama, 1907 (relates to sale of school and indemnity lands). Be it enacted by the Legislature of Alabama: 1. Amend section 1782 of the Code of Alabama, 1907, so as to read as follows : 1782 (3661) Sale of school and indemnity lands authorized. — The superintendent of edu- cation is authorized and empowered to sell and dispose of all school lands or any part of the timber thereon, to- gether with those which have been heretofore or may liereafter be certified to the State for the use and benefit of the several townships or districts in which was a defi- ciency in the amount of land originally certified to the State for their benefit, subject to the approval of the governor. Approved August 2, 1915. 1782. (3661) Sale of school and indemnity lands au- thorized. — The superintendent of education is authorized and empowered to sell and dispose of all school lands, to- gether with those which have been heretofore or may hereafter be certified to the State for the use and benefit of the several townships or districts in which was a defi- ciency in the amount of land originally certified to the State for their benefit, subject to the approval of the governor. 1783. Consent of inhabitants of township or district to sale of land. — No school lands, except indemnity lands, shall be sold without the consent of the inhabitants of the township or district in which such lands are located. Said consent to be obtained and shown by a petition in writing addressed to the superintendent of education requesting and consenting to the sale of such lands signed by a majority of the legally qualified voters of the town- ship or district, which petition must be verified by the affidavit of at least three of the signers, that a majority of the inhabitants of the township or district in which the lands are situated desire a sale thereof and that the 64 PUBLIC SCHOOL LAWS OF ALABAMA persons making and signing said petition constitute a majority of the qualified electors residing in said town- ship or district. 1784. (3646) (1044) (986) (607) (537) Resale of lands. — If any purchaser fails to make the payment, or gives his notes with approved securities, and secured by a mortgage on the land, as required, the land bid off by him must be immediately resold, if practicable, but if not practicable to make the resale at once, it must be re- sold at a future day, as if no sale had been made ; and the first purchaser shall be responsible for the difference be- tween his bid and the amount for which the land is sub- sequently sold, if such amount is less than the bid of such first purchaser. 1785. (3668) Proceeds of sale; how disposed of. — The proceeds arising from such sales, after the payment of all proper costs and expenses thereof, shall be, by the superintendent of education, paid into the State treasury to the credit of the counties, townships, or school districts to which the same may belong in the proportion of their interests therein, so as to carry out the object and pur- poses of the original grants, gifts, or laws by which such lands were acquired for school purposes, as nearly as practicable under the existing school laws. 1786. (3663) Notes taken by superintendent of edu- cation held until paid; when placed with the attorney general. — All notes taken by the superintendent of edu- cation for the purchase of such lands must be secured by mortgage and must be held by him until the same are due, and if not then paid, may be placed with the attorney general for collection. 1787. (3664) Manner and terms of sale. — Such sales may be made from time to time, at public or private sale, as in the judgment of the superintendent of education shall best promote the interests of the school fund of the State, and shall be for cash, or part cash and part on time, as the superintendent of education and the gov- PUBLIC SCHOOL LAWS OF ALABAMA 65 ernor may deem best; but in no case shall there be less than one-fourth of the purchase money paid in cash, and the remainder shall be payable in yearly installments to extend over a period of not more than three years, and shall be secured by notes with sureties and by mortgage on the land to be approved by the superintendent of edu- cation, and shall bear interest from the date of the sale. 1788. (3626) (1025) (967) (588) (519) Timber lots reserved. — The superintendent of education may select such lots as he thinks proper, to reserve from cultivation for the benefit of the timber thereon, and must mark the same "reserved" on the plat thereof. 1789. (3631) (1030) (972) (593) (524) Timber lots; how used. — The lots reserved for timber are for the common benefit of the lessees of the other lots; but no timber must be cut down, injured, or destroyed, as long as there is sufficient on the other lots, which the superintendent of education is to determine ; and the les- sees must in no case cut down, injure, or destroy such timber without permission from the superintendent of education, which may be given on such terms as he may think proper, having due regard to the interest of the township or district. 1790. (3632) (1031) (973) (594) (525) Penalty for injuries to timber. — Any person who, without author- ity cuts down, boxes, injures, or destroys any tree on school lands shall forfeit and pay for every such tree ten dollars, to be recovered before any court having juris- diction, in the corporate name of the township, or the school district in which such lands are located. 1791. (3633) (1032) (974) (595) 526) Fines paid into treasury for school fund. — All fines and forfeitures under the preceding section shall be paid into the State treasury, and added to the principal sum of the school fund of the township. 1792. (3647) (1045) (987) (608) (538) Certifi- cate of purchase. — The superintendent of education, on 3SC 66 PUBLIC SCHOOL LAWS OF ALABAMA receiving from the purchaser the cash payment, and his notes and mortgages for the deferred payments, must give to him a certificate of purchase, describing the lands purchased, and showing the number of acres and the amount of the purchase money. 1793. (3648) (1046) (988) (609) (539) Effect of certificate of purchase. — Such certificate conveys to the purchaser, his heirs, or assigns, a conditional estate in fee, to become absolute on the payment of the purchase money and interest, and to revert to the State for the uses originally granted in the following cases : 1. When all the notes have become due, and the makers have left the State or died insolvent. 2. When a recovery on such notes is defeated by any defense avoiding the contract of sale. 3. When a recovery is had against all the makers, and execution has been returned "no property" by the proper officer of the county in which the township or district lies; or when judgment is had and execution returned against any one or more of such makers "no property," and the others have left the State, or died insolvent. 1794. (3649) (1047) (989) (610) (540) Revest- ing of title; clerk to certify facts; penalty for failure; costs. — No proceeding is necessary to revest the title in the State on the happening of the events specified in the preceding section, but such lands may be recovered in the name of the State, for the use of the township or district, against any person in possession of the same, upon proof of the facts ; and it is the duty of the clerk of the court in which the suit is pending, or the judgment recovered, to certify the facts to the superintendent of education, on the happening of the events specified in the second and third subdivisions of the preceding section, and fail- ing to do so within a reasonable time, he forfeits the sum of one hundred dollars ; one-half to the person suing for the same, and the other to the State for the use of the township or district. When no money is recovered in suits on notes for purchase money of school lands, no PUBLIC SCHOOL LAWS OF ALABAMA 67 costs must be taxed against the township or district for such suits. 1795. (3651) (1049) (991) (613) (543) Fines to go to school fund. — The amount received by the State upon recoveries had under the last preceding section is to be added to the principal of the school fund of the town- ship or district. 1796. (3652) (1050) (992) (614) (544) Pat- ents. — A patent issues, on the payment of the purchase money, to the purchaser, his heirs, or assigns, and when the patent is to the heirs, it vests a title in all persons en- titled to claim in that capacity under the provisions of this Code. 1797. (3653) (1051) (993,996) (615,616) Issue of patent by secretary of State; correction of mistake. — The secretary of State must issue patents, upon satisfac- tory evidence furnished him of full payment of purchase money to any person, agent, or other officer legally au- thorized to receive such payment; and upon proof of a mistake in the issue of any patent, he must correct the same or issue a new patent on the return of the original to his office. 1798. (3654) (1052) (995) (617) (545) Issue of patents in other cases. — Except under the provisions of the preceding section, no patent must issue without the certificate of the superintendent of education that the whole amount of the purchase money specified in the certificate, with all interest thereon, has been paid. 1799. (3655) (1053) (998) Collection of past due notes. — All notes for school lands held by or deposited with the superintendent of education, if not paid within six months after maturity, must be placed with the attor- ney general for collection ; but this section shall not be so construed as to prevent the superintendent of education from ordering suit on notes at any time after maturity, when so ordered by the sureties on the notes. 68 PUBLIC SCHOOL LAWS OF ALABAMA 1800. (3656) (1054) (999) Appointment of agents for collection of notes. — The superintendent of education may appoint agents for surveying, mapping, or platting school lands and for the collection of notes for purchase money of land, being responsible for any neglect on the part of such agents. 1801. (3657) (1055) (1000) Township credited with collection on notes. — All collections on notes given for the sale or lease of school lands must be paid into the treasury of the State, to the credit of the proper township or district. 1802. '(3658) Proceeds of school lands covered into treasury; faith and credit of State pledged for payment of interest. — All funds now in the State treasury derived from the sale of sixteenth section or other school lands, or which may hereafter accrue from sale of such lands, to- gether with the redemption money of other lands in which former accumulations have been invested under an act approved March 1, 1881, entitled "An act to authorize the compromise and settlement of claims for school lands in this State," are covered into the State treasury and made available for general purposes; and the faith and credit of the State is pledged for the payment of the interest on such fund to the public schools of the State, at the rate of six per cent per annum. 1803. (3665) Lease of school and indemnity lands.. — The superintendent of education may, with the approval of the governor, lease out all or any of the school and indemnity lands for a term not exceeding five (5) years, or may enter into a contract or contracts permitting per- sons to mine all coal or other minerals therefrom, or to take therefrom oil or gas or either, upon a royalty for a term not exceeding twenty (20) years; and the net pro- ceeds of all money received from the lease of such lands or the royalty for the mineral mined therefrom or the oil and gas or either, taken therefrom shall be paid into the State treasury monthly to the credit of the townships to which such lands belong in the proportion of their interest therein. PUBLIC SCHOOL LAWS OF ALABAMA 69 1804. Compromise; board of, as to school lands. — The governor, superintendent of education, and attorney general are constituted a board of compromise for the purpose of examining into the title or claim of the State to any sixteenth section or other school lands which have illegally passed out of the possession of the State, or which have heretofore been disposed of by the State and not paid for. The board may take all action necessary to recover any such lands, or, if deemed best, may settle and compromise any conflicting claims thereto between the State and persons claiming the land. When any compromise or settlement is made the secretary of State shall, upon the order of the board of compromise, issue patents to the land the claims to which have been so com- promised. No. 485.) AN ACT (H. 217. To authorize the sale and conveyance of certain lands which have been conveyed to the State for school pur- poses. Section 1. Be it enacted by the Legislature of Ala- bama, That whenever the county board of education of any county shall certify to the superintendent of educa- tion of the State that it is to the benefit of the public school interests of such county or a public school district thereof for any lands situated in such county or district which have been conveyed to the State of Alabama for school purposes under the provisions of article 20 or 31 of chapter 41 of the Code of Alabama to be sold, particu- larly describing the same, the superintendent of education, upon the receipt of such certificate, shall be and he is hereby authorized and empowered, with the approval of the governor, to sell and convey such land, either at public or private sale, and upon such consideration as may to him appear just and proper in the premises, and to execute a deed to the purchaser of the same in the name of the State of Alabama, and upon the delivery of such deed, the same shall divest all the right, title and interest of the 70 PUBLIC SCHOOL LAWS OF ALABAMA State of Alabama in said land and invest it in such pur- chaser. Sec. 2. That the proceeds of any sale of lands made under this act shall be by the superintendent of educa- tion paid to the county board of education of the county where such land is situated, or to the chief executive officer of said board. That said proceeds shall constitute a part of the public school fund of such county ; provided, however, if said land was conveyed to the State under article 31 of chapter 41 of the Code of Alabama, then such proceeds shall be used by said county board of education for the exclusive use of the public school district in which said land is located. Approved April 18, 1911. NORMAL SCHOOLS. Alabama has nine normal schools, six for the white race and three for the colored race. Four of the normal schools for the white race receive annually an appropriation of $20,000 each from the State and these schools are located at Florence, Troy, Jackson- ville and Livingston. Two of the normal schools for the white race receive annually an appropriation of $5,000 each from the State and these schools are located at Daphne and Moundville. All of the white normal schools are controlled and governed by an act approved April 18, 1911. This act creates a State board of eight mem- bers, consisting of the governor, the superintendent of education, and six members appointed by the governor. The three schools for the colored race are located at Tuskegee, Normal (near Hunts ville), and Montgomery. The school at Tuskegee receives an annual appropriation of $4,500 from the State, the one at Normal an annual appropriation of $4,000 from the State, and the one at Montgomery an annual appropriation of $16,000 from the State. Some of the Normal schools receive revenue from other sources, such as the Peabody Fund, Slater Fund, Morrill PUBLIC SCHOOL LAWS OF ALABAMA 71 Fund, etc., and all of the schools receive some revenue from matriculation fees, incidental fees, etc. The three normal schools for the colored race are gov- erned and controlled by special acts of the Legislature. The act governing the Tuskegee Normal and Industrial Institute was approved February, 1893, and the act gov- erning the Montgomery Normal School was approved February 23, 1889. The acts governing the Huntsville State Colored Normal and Industrial Institute were ap- proved December 9, 1873, and February 17, 1885. Sec- tions 1258, 1259 and 1260 of the Code of 1876 also relate to this school, and an act approved February 13, 1891, relating to the division of the Morrill Fund gives the Huntsville Normal School that part of the Morrill Fund belonging to the colored race. No. 483.) AN ACT (H. 724. To create a board of trustees for the government and control of the several State normal schools for whites, and for the making and enforcing of a course of study for the said State normal schools and for the rural schools of the State, and for the repealing of any general and special laws and provisions of any chapter or charters in conflict with the provisions of this act. Section 1. Be it enacted by the Legislature of Alabama, That a board of eight members consisting of the gover- nor, the superintendent of education and six members appointed by the governor be and the same are hereby created a board of trustees for the government, regula- tion and control of the several white normal schools of the State. Sec. 2. The six appointive members appointed respec- tively for one year, two years, three years, four years, five years, and six years, with the superintendent of educa- tion and the governor, who shall be ex-officio chairman of the board, shall constitute the board of trustees for the government, control and regulation of the several 72 PUBLIC SCHOOL LAWS OF ALABAMA white normal schools of the State. At the expiration of the term for which each trustee shall have been appointed, after the passage of this- act, a trustee shall be appointed for a period of six years. Sec. 3. It shall be the duty of the board to visit each school under its supervision at least once during each scholastic year for the purpose of making such inspection of its work and gathering such information as will enable said board to perform its duties intelligently and effec- tively. Sec. 4. It shall be the duty of this board of trustees to require, as far as possible, the same course of study, the same educational standards and ideals for the said normal schools of the State; and to secure this end, the board of trustees may require, at the hands of a committee composed of presidents of the said normal schools, the preparation and submission of a proposed course of study, which may be adopted in whole or in part by the board of trustees, and when so adopted, the said course of study shall be maintained in those normal schools to which, under the direction of the board of trustees, the said course of study may apply. Sec. 5. The said board of trustees shall have the power and it is made their duty to elect all presidents, or other officials, professors and other teachers employed in any of the normal schools and to fix their salaries. It is made the duty of the president of each school to nomi- nate annually to the board of trustees such professors, teachers, officials and assistants as in his opinion will promote the best interests of the institution. Sec. 6. The board of trustees shall have the power to make such rules and regulations for the government of its own actions and for the regulation and control of the several normal schools of the State, as may be necessary for the enforcement of the provisions of this act. Sec. 7. It is made the duty of the six appointive mem- bers of this board to make an official report to each Legis- lature of Alabama. This report shall set forth briefly the condition, the progress and the needs of each of these schools and the report shall contain such other informa- PUBLIC SCHOOL LAWS OF ALABAMA 73 tion and shall make such recommendations as the board may deem right and proper. Sec. 8. It is hereby made the duty of the board of trustees of the State normal schools to meet at the call of the chairman or at the call of the State superintendent of education, who shall be the secretary of the board, and at such other times as may be indicated by request of the majority of the appointive members of the board. Sec. 9. The members of the board of trustees shall serve without pay, except that they shall be reimbursed from the funds of the State normal schools for their actual expenses incurred in attending meetings of the board. Sec. 10. It is made the duty of the board of trustees to extend, as far as possible, the usefulness of the State normal schools, by providing for summer training courses for teachers, thus recognizing the importance of keeping these schools open at all times, for the training and im- provement of the public school teachers of Alabama. Sec. 11. All laws and parts of laws, whether general, special or charter, in conflict with the provisions of this act be and the same are hereby repealed. Approved April 18, 1911. AGRICULTURAL SCHOOLS. Alabama has nine agricultural schools located in the various congressional districts of the State. These schools each receive for maintenance an annual appropria- tion of $4,500. Not less than seven hundred fifty dollars must be used by each school in making agricultural experi- ments. In addition to the above, the schools also receive some revenue from matriculation and incidental fees. The First District Agricultural School is located at Jacksonville, the Second at Evergreen, the Third at Abbe- ville, the Fourth at Sylacauga, the Fifth at Wetumpka, the Sixth at Hamilton, the Seventh at Albertville, the Eighth at Athens, and the Ninth at Blountsville. 74 PUBLIC SCHOOL LAWS OF ALABAMA The agricultural schools are governed by sections 59-60 of the Code of 1907 as amended April 22, 1911, and also by rules and regulations made by the executive committee of these schools. The governor, the superintendent of education, and the commissioner of agriculture compose the executive committee. Each school is governed by a board of control composed of the executive committee named above and two members appointed by the governor from the congressional district in which the school is located. TEXT-BOOK COMMISSION; MEMBERS, APPOINTMENT OF. 1805. Text-book commission; how constituted. — On or before March 1st, 1908, the governor shall select and appoint nine educators of known character and ability, men well acquainted with arranging courses of study and engaged in public school work, one from each con- gressional district, who, together with himself and the State superintendent of education, shall constitute the text-book commission of Alabama. 1806. Oath of commissioners. — Before transacting any business pertaining to the duties of this commission they shall each take an oath before some person author- ized to administer oaths to faithfully discharge all the duties imposed upon them as members of said text-book commission and that they have no interest, directly or indirectly, in any contract that may be made under this article, and receive no personal benefit therefrom. 1807. Commission; organization of. — The text-book commission shall immediately after their appointment meet and organize, the governor being president of the commission and the superintendent of education secretary of said commission. 1808. Duties of commission. — It shall be the duty of said commission to select and adopt a uniform series of text-books for use in the public schools of the State for a period of five years. PUBLIC SCHOOL LAWS OF ALABAMA 75 1809. Unlawful to use other books than those selected. — It shall be unlawful for any school official, director or teacher to use any books upon the same branches other than those adopted by said State text-book commission. 1810. Branches of study for which books selected. — Said uniform series shall include the following branches of study, to-wit: Orthography, reading, writing, arith- metic, geography, grammar, language lessons, history of Alabama containing the Constitution of the State, history of the United States, elementary physiology and hygiene, elementary principales of agriculture, and such other branches of study as properly belong to a common school course. 1811. Partisan or sectarian books forbidden. — None of said text-books shall contain anything of a partisan or sectarian character. 1812. Books selected may be dropped. — The text-book commission shall have the power by three-fourths vote to drop an unsatisfactory book at the end of any school year during the continuance of the contract and to make another adoption. 1813. Qualities and merits of books to control in selec- tion. — The text-book commission shall consider the merits of each book, taking into consideration their subject- matter, the printing, binding, material, and mechanical qualities, and their general suitability and desirability for the purpose intended, as well as the price of said books, but no text-book the subject-matter of which is of inferior quality shall be adopted by the text-book commission. Said commission shall select and adopt such books as will, in their best judgment, accomplish the ends desired. 1814. Desirable books; when price too high. — In case any book or books are deemed suitable for adoption and more desirable than other books of the same class sub- mitted, and they further consider the price at which the books are offered to be unreasonably high, and that 76 PUBLIC SCHOOL LAWS OF ALABAMA they should be offered at a smaller price, the commis- sion shall immediately notify the publisher or author of such book or books of their decision, and request such reduction in price as they deem reasonable and just, and if they and such publishers shall agree on a price they may adopt his book or books, but if not, they shall use their own sound judgment and discretion whether they will adopt that or the books which are deemed by them next best in the list published. 1815. Advertisement for bids. — As soon as practi- cable, not later than thirty days after its organization, the commission shall advertise in such manner and for such length of time and at such places as may be deemed advisable, that at a time and placed fixed definitely in said advertisement, sealed bids or proposals will be received from the publishers of school text-books for furnishing books to the public schools in the State of Alabama, through such agencies in the several counties, and places in the several counties in the State, as may be provided for in such regulations as said commission may adopt and prescribe. 1816. Bids; specifications, requisites, and contents of. — The bids or proposals shall be for furnishing the books for a period of five years and no longer, and that no bid for a longer period will be considered. Said bids shall state specifically and definitely the price at which the books will be furnished, and shall be accompanied by one or more specimen copies of each and every book proposed to be furnished. 1817. Deposits as security for performance of bid. — It shall be required of each bidder to deposit with the treasurer of the State a sum of money such as the com- mission may require, not less than five hundred dollars nor more than twenty-five hundred dollars, according to the number of books each bidder may propose to supply, and notice shall further be given in such advertisement that such deposits shall be forfeited absolutely to the State if the bidder making the deposit shall fail or refuse to PUBLIC SCHOOL LAWS OF ALABAMA 77 make and execute such contract and bond as is herein- after required, within such time as the commission may require, which time shall also be stated in the advertise- ment. 1818. Bids sealed and deposited. — All bids shall be sealed and deposited with the secretary of State, to be by him delivered to the commission when they are in executive session, for the purpose of considering the same when they shall be opened in the presence of the com- mission. 1819. Bids opened, examined, and contract awarded. — The text-book commission shall meet at the time and place designated in such notice or advertisement, and take out the sample or specimen copies submitted upon which the bids are based. When the members have ex- amined all books submitted until thoroughly satisfied, it shall be the duty of said text-book commission to meet in executive session to open and examine all sealed proposals submitted and received in pursuance of the notice or advertisement provided for in section 1815 of this Code. The commission shall then examine and carefully con- sider such bids or proposals and determine in the manner provided in the preceding section of this article what book or books shall be selected for adoption, taking into consideration the size, quality as to subject-matter, ma- terial, printing, binding, and the mechanical execution and price, and the general suitability for the purpose desired and intended ; all books selected and adopted shall be written or printed in English. 1820. Notification to publishers of contracts awarded. — After their selection for adoption shall have been made, the said commission shall by registered letter notify the publishers or proposers to whom contracts have been awarded. 1821. Contract; preparation, execution, and filing of. — The attorney general of the State shall prepare the said contract or contracts in accordance with the terms and provisions of this article, and the said contract shall be 78 PUBLIC SCHOOL LAWS OF ALABAMA executed by the governor and secretary of State with the seal of the State attached upon the part of the State of Alabama, and the said contract shall be executed in trip- licate, one copy to be kept by the contractor, one copy by the secretary of the text-book commission and copied in full in the minutes of said commission and one copy to be filed in the office of the Secretary of State. 1822. Bond of contractor; preparation, execution, and conditions of. — At the time of the execution of the •contract aforesaid the contractors shall enter into a bond in the sum of not less than ten thousand dollars nor more than thirty thousand dollars, payable to the State of Alabama, the amount of said bond within said limits to be fixed by said commission conditioned for the faithful, honest, and exact performance of the contract, and shall further provide for the payment of reasonable attorney's fees in case of recovery in any suit upon the same, with three or more good, solvent sureties, actual citizens and residents of the State of Alabama, or any guaranty com- pany authorized to do business in the State of Alabama may become surety on said bond. The attorney general shall prepare said bond and approve the same. The said bond shall not be exhausted by a single recovery, but may be sued on from time to time until the full amount shall be recovered; and the said commission may at any time, by giving thirty days' notice, require additional security or additional bond, within the limits prescribed. 1823. Deposits returned after execution of bond. — When any person, firm, or corporation shall have been awarded a contract and submitted therewith the bond as required in this article, the commission through its secretary shall so inform the treasurer of the State, and the treasurer shall return such contractor the cash de- posit made by him, and the commission through its sec- retary shall inform the treasurer of the names of the unsuccessful bidders or proposers, and the treasurer shall, upon receipt of this notice, return to them the amount deposited in cash by them at the time of the submission of their bid. PUBLIC SCHOOL LAWS OF ALABAMA 79 1824. Failure to execute contract or bond; conse- quence of. — Should any person, firm, company, or cor- poration fail or refuse to execute the contract and sub- mit therewith his bond as required by this article within thirty days of the awarding of the contract to him and (provided the mailing of the registered letter shall be sufficient evidence that the notice was given and receiv- ed), the cash deposit will be deemed forfeited to the State of Alabama, and the treasurer shall place such cash deposit in the treasury of the State to the credit of the general school fund. 1825. Recovery on bond for benefit of fund. — Any re- covery had on any bond given by any contractor shall inure to the benefit of the said fund of the State, and when collected shall be placed in the treasury to the credit of the said fund and be prorated among the sev- eral counties of the State. 1826. Books furnished must be equal to specimens. — The books furnished under any contract shall at all times during the existence of the contract be equal to, in all respects, the specimens or sample copies furnished with bids. 1827. Secretary of State preserves sample copies and furnishes to superintendent. — The secretary of State shall carefully preserve in his office as the standard of quality and excellence to be maintained in such books during the continuance of such contracts the specimens or sample copies of all books which have been made the basis of any contract, together with the original bid or proposal, and the contractor shall also furnish each county superin- tendent of education like specimen or sample copies, which shall be preserved by him in like manner, and the same shall always be open to the inspection of the public. 1828. Contract and exchange price printed on back of books. — All contractors shall print on the back of each book the contract price, as well as the exchange price at which it is agreed to be furnished, but the books sub- mitted as specimen or sample copies with the original 80 PUBLIC SCHOOL LAWS OF ALABAMA bids shall not have the price printed on them before they are submitted to the commission. 1829. Price of books for this State shall not exceed that of others. — The text-book commission shall not in any case contract with any person or publisher for the use of any books which are to be sold to patrons or used in any public school in this State at a price above or in excess of the price at which such book or books are fur- nished by said person or publisher under contract to any State, county, or school district in the United States under like conditions prevailing in this State and under this article. It shall be stipulated in each contract that the contractor has never furnished and is not now furnishing under any contract any State, county, or school district in the United States where like conditions prevail as are prevailing in this State under this article, the same book or books as are embraced in said contract at a price below or less than the price stipulated in the said contract, and the said commission at any time they may find that any book has been furnished at a lower price under contract to any State, county or school dis- trict aforesaid, shall sue upon the bond of said contractor and recover the difference between the contract price and the lower price at which they find the book or books have been sold, and in case a contractor shall fail to execute, specifically, the terms and provisions of his contract, said commission shall bring suit upon the bond of such con- tractor for the recovery of damages, the suit to be in the name of the State of Alabama, and the recovery for the benefit of the public school fund. 1830. Changing or altering contract. — The commis- sion and any contractor agreeing thereto may in any manner change or alter any contract, provided a majority of the commission shall agree to the change and think it advisable and for the best interest of the public schools of the State. 1831. Majority controls. — In all matters unless other- wise provided a majority of said commission shall con- trol. PUBLIC SCHOOL LAWS OF ALABAMA 8 i 1832. State not liable to any contractor. — It shall al- ways be a part of the terms and conditions of every con- tract made in pursuance of this article, that the State of Alabama shall not be liable to any contractor in any man- ner, in any sum whatsoever, but all such contractors shall receive the pay or consideration in compensation solely and exclusively derived from the proceeds of the sale of books, as provided for in this article. 1833. Old books exchanged for new. — The commission shall stipulate in the contract for the supplying of any book as provided in this article that the contractor or contractors shall take up the school books now in use in this State, and receive the same in exchange for new books at a price not less than fifty per cent of the contract price. Such exchange period shall not continue longer than one year from the date of contract. Each person or publisher making a bid for the supplying of any book or books under this article shall state in such bid or pro- posal the exchange price at which such book or books will be furnished. 1834. Rejecting bids or proposals. — The text-book commission shall have and reserve the right to reject any and all bids or proposals if they shall be of opinion that any or all should for any reason be rejected. 1835. Re-advertisement for bids. — In case the commis- sion fails from among the bids or proposals to select or adopt any book or books upon any of the branches men- tioned in previous sections of this article, they may re- advertise for sealed bids or proposals under the same terms and conditions as before, and proceed in their investigations in all. respects as they did in the first in- stance, and as required by the terms and provisions of this article. 1836. Bids for copyright and manuscripts. — The com- mission may advertise for sealed bids or proposals from authors or publishers of text-books who have manuscripts of books not yet published, for prices at which they will 82 PUBLIC SCHOOL LAWS OF ALABAMA publish and furnish in such book form such manuscripts, or for prices at which they will sell such manuscripts, together with the copyright with such books for use in the public schools of Alabama, proceeding in all respects in like manner as before. Before accepting or rejecting any manuscript it shall be the duty of the commission to take the manuscript and advertise for sealed bids or pro- posals for publishing the same in book form, in like man- ner as provided in this article, and under the same restric- tion and condition, and the contract may be let for the publication of all such books or for any one or more sepa- rately. The State itself shall not under any circumstances enter into any contract binding it to pay for the publica- tion of any book or books, but in the contract with the owner of the manuscript it shall be provided that he shall pay the compensation to the publisher for the publication and putting in book form the manuscript, together with the cost and expense of copyrighting the same; and pro- vided that in all cases bids or proposals shall be accom- panied with the cash deposit of from five hundred to twenty-five hundred dollars, as the commission may direct, and as previously provided in this article. 1837. Manuscripts or printed form of matter pro- posed to be incorporated in book. — Any person, firm, or corporation now doing business, or proposing to do busi- ness in the State, shall have the right to bid for the con- tract to be awarded under this article in the manner as follows : In response to the advertisement, when made as hereinabove provided, said person, firm, or corporation may submit in writing bid or bids to edit or have edited, publish and supply for use in the public schools in this State, any book or books herein provided for, provided that instead of filing with said bid or proposals a sample or specimen copy of each book proposed to be furnished, he may exhibit to the commission a manuscript or printed form of the matter proposed to be incorporated in any book, together with such a description and illustration of the form and style thereof as would be fully intelligible and satisfactory to said commission, or they may submit a book or books, the equal of which in every way they PUBLIC SCHOOL LAWS OF ALABAMA 83 propose to furnish, and they shall accompany their bid or proposal with the cash deposit and execute a contract and bond as hereinbefore provided. 1838. Proclamation of governor announcing contract. — As soon as said commission shall have entered into a contract or contracts for the furnishing or supplying of books for use in the public schools in this State, the gov- ernor shall issue his proclamation announcing such facts to the people of the State. 1839. Three depositaries or places of sale in each county.— The party or parties with whom the contract shall be made shall place their books on sale at not less than three places in each county of the State for the dis- tribution of the books to the patrons, and the contractor shall be permitted to make arrangements with a merchant or other person for the handling and distribution of the books. 1840. Contract price printed on books. — All books shall be sold to the consumer at the retail contract price, and in each book shall be printed the following: (The price, fixed herein is fixed by State contract and devia- tions therefrom shall be reported to your county superin- tendent of education or the State superintendent at Mont- gomery.) Should any party contracting to furnish books as provided for fail to furnish them or otherwise breach his contract, in addition to the right of the State to sue on his bond hereinabove required, the county superin- tendent of any county may sue, in the name of the State of Alabama, in any court of competent jurisdiction in the county in which he resides, for. the use and benefit of the school fund of the county; provided that the right of action of the county superintendent shall be limited to breaches of the contract committed in the county of his residence. In all cases under this article service of process may be had and deemed sufficient on any agent of the contractor in this State. 1841. Distribution of books. — The commission shall, from time to time, make any necessary regulations to 84 PUBLIC SCHOOL LAWS OF ALABAMA secure the prompt distribution of the books provided for in this article, and the prompt and faithful execution of all contracts. 1842. Commission continues for five years; new com- mission appointed. — Said commission shall maintain its organization for five years, and at the end of said period of five years the governor shall name a similar commis- sion with like powers and a like term as the first named commission, provided that all bids and contracts for school books shall provide for the purchase, by munici- palities and school districts which supply free school books, of such books at the regular contract price less the commission allowed to agents or depositories. 1843. List of books, agencies, and prices furnished to county superintendent of education. — As soon as prac- ticable after the adoption, provided for in this article, the State superintendent of education shall issue a circular letter to each county superintendent of education and each teacher in the State, and to such others as he may desire to send it, which letter shall contain the list of. books adopted, the prices, location of agencies, the manner of distribution, and such other information as he may deem necessary. 1844. Supplementary text-books; books for higher or more advanced studies. — As soon as the existing contract for books expires the books adopted as a uniform series of text-books for the next five years shall be introduced and used as text-books to the exclusion of all others in all the public free schools in this State. Supplementary books shall be used, but such books shall not be used to the exclusion of the books prescribed or adopted under the provisions of this article. Higher or more advanced branches may be taught than provided in this article, but such higher branches or books shall not be taught to the exclusion of the branches or books mentioned in this article. 1845. Other books used upon failure to furnish those adopted. — The patrons of the public schools throughout PUBLIC SCHOOL LAWS OF ALABAMA 85 the State may procure books in the usual way in case no contract shall be made, or the contractor fails or refuses to furnish the books provided for in this article at the time required for their use in the respective schools. 1846. Appropriation. — The sum of three thousand dollars, or so much thereof as may be necessary, to be paid out of the moneys in the treasury not otherwise expended, is appropriated for the purpose of paying the costs and expenses of carrying into effect the provisions of this article. 1847. Compensation of commissioners. — The governor and superintendent of education shall serve on the com- mission without compensation, and the other members of the commission shall be paid the sum of four dollars per day during the time they are actually engaged, and in addition shall receive ten cents per mile for each mile traveled from their homes to their place of meeting and return thereto, to be paid out of the funds appropriated by the preceding section, and they shall each make and swear to a statement of the number of miles traveled and the number of days actually engaged. 1848. Clerk of commission; compensation of. — The commission may appoint a clerk who shall have three dol- lars per diem during the time he is actually engaged and the same mileage as is allowed the members of the com- mission. 1849. Books adopted continue for five years. — The adoption made as provided for in this article shall con- tinue for five years from the expiration of the existing contract, unless otherwise provided. 1850. Failure to furnish books; contract for unex- pired term. — In case of the failure of any contractor to furnish the books as provided in his contract his bond shall be declared forfeited, and the State school-book commission may make such other contract for the unex- pired term with another person to provide such books as 86 PUBLIC SCHOOL LAWS OF ALABAMA they may deem advisable for the best interest of the State. (See Criminal Provisions, Sections 7751, 7752 and 7753 of this pamphlet.) ARTICLE 20. HIGH SCHOOLS FOR COUNTIES. 1861. High school commission to locate and establish. — The governor, auditor and superintendent of education, shall constitute a commission to locate one high school in each of the counties of this State. 1862. Sites procured; annual donations paid quar- terly. — For any county in which the citizens thereof shall secure a suitable site which shall consist of not less than five acres of land, the title to the surface of which shall be in fee (but the land need not include mineral rights) and erect thereon a good and substantial building with all necessary equipments for a high school, the cost of said buildings to be not less than $5,000, and upon making a deed to the State of Alabama of said land, building and equipment, there shall be appropriated out of any money in the treasury, not otherwise appropriated, the sum of three thousand dollars and this appropriation is hereby made to continue annually, beginning July 1st, 1911. Provided further that all appropriations made by the State and otherwise must be paid quarterly and in accord- ance with the rules and regulations made by the high school commission. 1863. High school controlled by high school commis- sion and county board of education. — Each county high school of the State shall be under the direction and control of the county board of education of the county in which the high school is located, but every action of the county board of education is subject to the approval of the high school commission. Provided further, that rules and reg- ulations for the government of the county high schools of the State and the employment of the teachers in said PUBLIC SCHOOL LAWS OF ALABAMA 87 county high schools shall be made by the high school com- mission. 1864. Free schools and office of trustee not abolished. — Nothing in this article shall be so construed as to abolish any free school in any district, or the office of trustee in any district in which said high school may be located. 1865. Qualifications and eligibility of teachers and students. — No teacher shall be eligible to teach in any high school established under the provisions of this arti- cle, unless holding a first-grade or life certificate. Nor shall any student be eligible to entrance into said high school unless said student can 'pass a satisfactory exami- nation in the branches of free public instruction in the elementary schools of his or her county. Such schools shall be open to students of the white race regardless of age who have complied with the provisions of this section. 1866. Course of study. — A course of study for such school or schools shall be provided and required by the superintendent of education; such course of study shall consist of secondary branches of study. 1867. Matriculation fee. — A matriculation fee of not more than two and one-half dollars to be fixed by the county board of education in which a county high school is or may hereafter be located and in operation, may be charged to each student entering said high school, to defray the necessary expenses of said high school during each term, provided a part of the matriculation fees may be used for library purposes in said high school. All funds accruing from fees as provided herein shall be paid out by the treasurer of the high school upon the order of the principal of said school. No. 217.) AN ACT (S. 7. To authorize and empower the commissioners court, board of revenue, or other court of county officers of 88 PUBLIC SCHOOL LAWS OF ALABAMA similar or like jurisdiction to donate or appropriate funds from the county treasury to aid in the construction or improvement of necessary buildings and the maintenance and support of those State schools known as county high schools established under the act of the Legislature ap- proved August 7, 1907, and to ratify and confirm all appropriations heretofore made for such purposes and to repeal all laws and part of laws in conflict therewith. Section 1. Be it enacted by the Legislature of Alabama, That on and after the approval of this act by the gover- nor it shall be lawful for the commissioners court, board of revenue, or other court or officers of the county of similar or like jurisdiction to donate or appropriate funds from the county treasury to aid in the construction or improvement of necessary buildings and the maintenance and support of those State schools known as county high schools established in the several counties of the State under an act of the Legislature entitled an act to provide for the establishment of high schools in this State, and to make appropriations for said schools, approved August 7th, 1907, such donations or appropriations to be applied to the benefits of said schools under the supervision and control of the county boards of education, and not other- wise. That appropriations heretofore made from county funds by the courts of county commissioners or the courts or boards of revenue of the several counties of this State to be used in the construction or maintenance of such schools are hereby ratified and confirmed, provided that the provisions of this act shall not affect suits heretofore filed to test the legality of appropriations made by courts of county commissioners or boards of revenue to aid in the construction of county high schools; Provided, further, that the appropriations being tested by such pending suits are hereby ratified and confirmed and this act shall not be set up as a defense to any such pending suit. Approved August 26, 1909. Note. — By an opinion of the Attorney General, rendered Aug. 21, 1908, the county high school is held to be a part of the public school system and the county board of education is authorized to make appropriations for the maintenance of the county high school. PUBLIC SCHOOL LAWS OF ALABAMA 89 No. 94.) AN ACT (S. 66. To authorize the cities and towns of this State to con- vey real or personal property and to make appropriations of money from city funds, and issue bonds to aid in the location and in the construction of high schools and high school buildings, and to ratify and confirm all such con- veyances and appropriations which have heretofore been made by any such city or town. Section 1. Be it enacted by the Legislature of Alabama, That the cities and towns of this State be and they are hereby authorized and empowered to convey real or per- sonal property belonging to such cities or towns, and to make appropriations from city or town funds, and issue bonds to aid in the location and in the construction of high schools and high school buildings under the act of the Legislature of Alabama, approved August 7, 1907, en- titled "An act to provide for the establishment of high schools in this State, and to make appropriations for said schools." Sec. 2. That all such conveyances of property and appropriations of funds which have heretofore been made for the purpose named in section 1 of this act, be and the same are hereby ratified and confirmed. Approved August 26, 1909. ARTICLE 21. UNIVERSITY OF ALABAMA. 1869. (3667) (1058) (1295) Incorporation of uni- versity. — The governor and the superintendent of educa- tion, by virtue of their respective offices, and the trustees heretofore appointed from the different congressional districts of the State under the provisions of section 264 of the Constitution, and such other members as may be from time to time added to the board of trustees and their successors in office, are constituted a body corporate under the name of "The board of trustees of the Univer- sity of Alabama," to carry into effect the purposes and 90 PUBLIC SCHOOL LAWS OF ALABAMA intent of the Congress of the United States in the grant of lands by the act of April 20, 1818, and of the act of March 2, 1819, to this State, to be by it held and admin- istered for the benefit of a seminary of learning. 1870. (3668) (1059) (1296) General powers, duties, and liabilities of such corporation. — Such corporation shall have all the rights, powers, and franchises necessary to or promotive of the end of its creation, and shall be charged with all the corresponding duties, liabilities, and responsibilities. 1871. (3669) (1060) (1297) Power of holding and disposing of property. — Such corporation may hold, and may lease, sell, or in any other manner not inconsistent with the object or terms of the grant or grants under which it holds, dispose of any property, real or personal, or any estate or interest therein, remaining of the origi- nal or any subsequent grant by Congress, or by this State, or by any person, or accruing to the corporation from any source, including also the proceeds of the "University Fund," as to it may seem best for the purposes of its institution. 1872. (3670) (1061) (1298) University fund de- fined; credit of State pledged for payment of interest. — The fund designated in the preceding section as the "Uni- versity Fund" consists of the sum of thirty-six thousand dollars per annum as interest on the funds of the Univer- sity of Alabama, heretofore covered into the treasury, for the maintenance and support of said institution, which said sum of thirty-six thousand dollars shall be paid to the duly authorized agent of the university as hereinafter provided; and the further sum of twenty-five thousand dollars, annually, is added to and made a part of the university fund. 1873. (3671) (1062) (1299) When gifts or grant not affected; what not a forfeiture. — No grant or gift, by will or otherwise, shall fail on account of any misnomer or informality, when the intention of the grantor or donor can be ascertained; nor shall any default, malfea- PUBLIC SCHOOL LAWS OF ALABAMA 91 sance on the part of the trustees or other officers or agents of such corporation, work a forfeiture of any of its rights, powers, privileges, or franchises. 1874. (3672) (1063) (1300) Rights, etc., of uni- versity continued in corporation. — In addition to the rights, properties, privileges, and franchises herein grant- ed, all rights, properties, privileges, and franchises here- tofore, by any act of the Legislature, granted to or vested in the University of Alabama, shall vest and continue in such corporation. 1875. (3673) (1064) (1301) Powers of the board of trustees; no exclusion from benefit of "University Fund," etc. — The board of trustees have the power to organize the university by appointing a corps of instructors, who shall be styled the faculty of the university, and such other officers as the interest of the university may require ; to remove such instructors or officers, and to fix their sal- aries or compensation, and increase or reduce the same at their discretion ; to institute, regulate, alter, or modify the government of the university, as they may deem ad- visable; to prescribe courses of instruction, rates of tui- tion, price of board, and regulate the necessary expenses of students ; and to confer such academic and honorary degrees as are usually conferred by literary institutions. They may delegate to the faculty of the university, or other officers, such powers and functions in the govern- ment of the students, and in the administration of the affairs of the university, as they may deem proper; but in no case shall any person be authorized to receive, hold, or disburse any funds of the university without having first given bond, conditioned for the faithful discharge of his duties; and no person shall be excluded from the full benefit of the university fund, or placed at any dis- advantage in the pursuit of his studies, who possesses the requisite literary and other qualifications, and is willing to submit to the discipline prescribed the students. 1876. (3674, 3675) (1065, 1066) (1302, 1303) Classi- fication of trustees; term and oath of office. — The State 92 PUBLIC SCHOOL LAWS OF ALABAMA university shall be under the control of the board of trustees, which shall consist of two members from the congressional district in which the university is located, and one from each of the other congressional districts in the State, the superintendent of education, and the governor, who shall be ex-officio president of the board. The members of the board of trustees, as now constituted, shall hold office until their respective terms expire under existing law, and until their successors shall be elected and confirmed, as hereinafter required. Successors to those trustees whose terms expire in nineteen hundred and two shall hold office until nineteen hundred and seven; successors to those whose terms expire in nineteen hun- dred and four shall hold office until nineteen hundred and eleven ; successors those trustees whose terms expire in nineteen hundred and six shall hold office until nineteen hundred and fifteen ; and thereafter their successors shall hold office for a term of twelve years. When the term of any member of such board shall expire, the remaining members of the board shall, by secret ballot, elect his suc- cessor, provided, that any trustee so elected shall hold office from the date of his election until his confirmation or rejection by the senate, and, if confirmed, until the ex- piration of the term for which he was elected, and until his successor is elected. At every meeting of the Legisla- ture the superintendent of education shall certify to the senate the names of all who have been so elected since the last session of the Legislature and the Senate shall confirm or reject them, as it shall determine is for the best interest of the university. If it reject the names of any member it shall thereupon elect trustees in the stead of those rejected. In the case of a vacancy on said board by death or resignation of a member, or from any cause other than the expiration of his term of office, the board shall elect his successor, who shall hold office until the next session of the Legislature. When the name of a successor or successors elected by said board to fill the vacancy or vacancies so occasioned shall be certified by the superintendent of education to the senate, and the senate shall confirm, or reject, as it shall determine is for the best interest of the university; and if confirmed by PUBLIC SCHOOL LAWS OF ALABAMA 93 the senate, the person or persons so elected to fill said vacancy shall hold office for the unexpired term to which lie is so elected. If the senate rejects the name of any person to fill said vacancy, it shall thereupon elect some person or persons in the stead of those rejected. No trustee shall receive any pay or emolument other than Tiis actual expenses incurred in the discharge of his duties as such. 1877. (3676) (1067) (1304) Quorum of board of trustees; president pro tempore. — Five members of the board of trustees, exclusive of the ex officio members, shall constitute a quorum, and every member present shall be required to vote, and a majority of those present shall govern. At their first meeting, the board shall elect one of their number president pro tempore, who shall preside in the absence of the governor, and shall hold the position until the next annual or special meeting, when another president pro tempore shall be elected. 1878. (3677) (1068) (1303, 1304) Time and place of meeting of trustees. — The board of trustees shall meet at least once in each year, and on the last Wednesday in June, unless some other day is selected by them, and they may, by ordinance or resolution adopted by them, prescribe other regular times for meeting. At such meet- ing they may continue in session as long as they may deem proper for the welfare of the institution, and may at any session appoint a special or adjourned meeting. Upon the written application of four members, or of any three members with his concurrence, the president pro tempore shall appoint a special meeting, and issue notice thereof to the several members; but such special meet- ing shall not be appointed for a day less than twenty days subsequent to the date of the notice. In case there is no president pro tempore of the board, or in case he is inca- pacitated to act, then the governor, as president of the board, shall, upon the written application of four mem- bers, in like manner call such special meeting. Regular meetings of the board must be held at the university, but special or adjourned meetings may be held at the univer- 94 PUBLIC SCHOOL LAWS OF ALABAMA sity or in the city of Montgomery, or in the city of Bir- mingham. 1879. (3678) (1069) (1305) Proceedings of board recorded; employment of secretary; payment of expenses, etc. — The proceedings of the board of trustees must be recorded in a substantially bound book, which must be- kept in the archives of the university ; and the board may at any meeting employ a secretary. The certificate of the president, or in his absence, of the president pro tempore, countersigned by the secretary, if there be one, shall en- title the several trustees to their constitutional pay out of the treasury of the university; and the compensation of the secretary and the necessary incidental expenses of the board at each session shall be paid on the order of the board, and the certificate of the president, or president: pro tempore, as the case may be, out of such treasury. 1880. (3679) (1070) (1306) Report by the board to- the Legislature. — It shall be the duty of the board of trustees to make to the Legislature, at each session there- of, a full report of their transactions, and of the condition of the university, embracing an itemized account of all receipts and disbursements on account of the university by those charged with the administration of its finances. 1881. (3681) (1072) (1309) (430) (384) Interest on "University fund;" how payable. — The State treas- urer, must, quarterly, on the last day of December, March, June and September of each year, pay the "university fund," as defined by section 1872 (3670) of this Code, to the treasurer or any authorized agent of the university ; and on the application of such treasurer or agent, the State auditor shall draw his warrant on the State treas- urer for the amount due ; such payments to commence on the days specified after the present Constitution becomes operative. 1882. (3682) (1073) (1308) Right reserved to the Legislature to revise and amend. — The right is reserved to the Legislature to revise or amend the provisions of this article, and virtue of the character of the trust con- PUBLIC SCHOOL LAWS OF ALABAMA 95 ierred by the act of Congress, to intervene, and, by special enactment, to direct and control the board of trustees in the discharge of their duties and functions. 1883. (3683) Law department to receive second-hand text-books from State library. — The justices of the Su- preme Court are authorized from time to time to set apart and turn over to the law department of the univer- sity, copies of such second-hand or superseded law books, known as text-books, as they may deem expedient, the marshal and librarian taking proper receipts therefor. 1884. (3684) Law department must be supplied with Codes. — The secretary of State shall supply to such law department ten copies of the Code of Alabama and ten copies of the acts of the Legislature, and ten copies of each volume of the current reports of the Supreme Court, as the same may, from time to time, be published. 1885. (3685) Police of grounds; appointment, pow- ers, and duties. — The president of the university has authority to appoint or employ one or more suitable per- sons to act as police officers to keep off intruders and prevent trespass upon and damage to the property of the university. Such person shall be charged with all the duties and invested with all the powers of police officers, and may eject trespassers from the university buildings .and grounds, and may, without warrant, arrest persons guilty of disorderly conduct, or of trespass on the property of the institution, and carry them before the nearest jus- tice of the peace or other officer charged with the trial of such offenders, before whom, upon proper affidavit charging the offense, such person so arrested may be tried and convicted as in case of persons brought before him on a warrant; and such officer or officers shall have authority to summon a posse comitatus. 1886. Lands, sale, lease, or other disposition provided for. — The board of trustees of the University of Alabama may sell, lease, or otherwise dispose of, all or any part of such land as has been or may be selected under and by virtue of an act of Congress entitled,. "An act to increase 96 PUBLIC SCHOOL LAWS OF ALABAMA the endowment of the University of Alabama from the public school lands in said State," approverd April 23, 1884; and may sell lands or any interest therein or part thereof for such prices and upon such terms as to them may seem proper. Such sales may be for cash or for part cash, and the said board of trustees of the University of Alabama shall not be limited by any statute heretofore enacted as to what part of the purchase price of such lands which they have heretofore sold or may hereafter sell shall be in cash, but the per cent of the purchase price of such lands that may have been or shall be in cash, shall be such as said board of trustees of the Univer- sity of Alabama may agree upon with the purchaser or purchasers. 1887. Executive committee created and authorized to act. — The board of trustees of the University of Alabama may create an executive committee consisting of three or more of the trustees composing the said board upon which committee it may confer full power and authority to lease, sell, and convey such lands or any part thereof, or any interest therein, as fully as said board of trustees of the University of Alabama could itself do. 1888. Sales, leases, etc., ratified and confirmed. — All sales, agreements to sell, leases, and other dispositions of such lands, or any part thereof, or any interest therein, heretofore made or attempted to be made by the board of trustees of the University of Alabama, or by any execu- tive committee by it created, irrespective of the per cent of the purchase price which may have been paid in cash, are ratified and confirmed, and shall be binding upon the board of trustees as fully as if the same were made after the 28th day of February, 1907, and in cases where the same were made by an executive committee, as if the same were made by the board of trustees of the University of Alabama. 1889. Medical department of the University of Ala- bama. — The corporation styled the Medical College of Alabama is dissolved, and the institution heretofore PUBLIC SCHOOL LAWS OF ALABAMA 97 known as the Medical College of Alabama is constituted the Medical Department of the University of Alabama, and shall hereafter be under the sole management, owner- ship, and control of the board of trustees of the University of Alabama; but the said Medical Department shall re- main at Mobile for all time. All appropriations of money which may hereafter be made in aid of the medical col- lege shall inure to the benefit of the said Medical Depart- ment of the University of Alabama, and shall be paid to the trustees of the University of Alabama for the use and benefit of said Medical Department at Mobile, Alabama. ARTICLE 22. CEMENT LABORATORY. 1893. Testing laboratory for cements. — The testing laboratory of the University of Alabama is the official testing laboratory for cements and other materials of construction. ARTICLE 23. SUMMER SCHOOL*. 1894. Summer school at university established. — The trustees of the University of Alabama may establish at that institution a school to be known as the summer school for teachers, at which during the summer months instruction shall be given in all the public school studies and in such other studies as may be necessary to better prepare teachers for efficient service in the public schools of this State. 1895. Annual appropriations. — For the maintenance of the summer school for teachers, the sum of five thou- sand dollars is appropriated annually. 1896. Appropriation; how and when paid. — The sum of five thousand dollars shall, on the first day of July of 4SC 9g PUBLIC SCHOOL LAWS OF ALABAMA each year, be paid by the State treasurer to the treasurer of the University of Alabama, on warrants drawn by the State auditor as warrants are drawn for other appro- priations to the university. The trustees of the university shall report in writing to the Legislature at each regular session thereof the manner in which the appropriation has been expended. 1897. Matriculation or tuition fee. — No matriculation or tuition fee shall be charged to Alabama teachers, and no incidental fee exceeding three dollars per session shall be charged any Alabama teacher. 1898. Examinations conducted by State board of ex- aminers annually. — The State board of examiners for teachers shall conduct or have conducted, annually, at the university, at the close of the summer school for teach- ers, an examination for the convenience of teachers at- tending that school. The examination shall be equal in all respects to the regular examination required by law. The same fees shall be charged, and the examina- tions shall be conducted under the same rules and regu- lations. 'ARTICLE 24. ALABAMA POLYTECHNIC INSTITUTE. 1899. (3686) (1074) Incorporation of the Alabama Polytechnic Institute. — The governor and the superin- tendent of education, by virtue of their respective offices, and the trustees appointed from the different congres- sional districts of the State, under the provisions of sec- tion 266 of the Constitution of 1901, and their successors in office, are constituted a body corporate under the name of "The Alabama Polytechnic Institute," to carry into effect the purposes and intent of the Congress of the United States in the grant of lands by the act of July 2, 1862. 1900. (3687) (1075) General powers, duties, and liabilities of institute. — Such corporation shall have all PUBLIC SCHOOL LAWS OF ALABAMA 99 the rights, privileges, and franchises necessary to a pro- motion of the end of its creation, and shall be charged with all corresponding duties, liabilities and responsibili- ties. 1901. (3688) (1076) Credit of State pledged to pay- ment of interest. — For the payment of the interest, at the rate of eight per cent per annum, on the fund of two hundred and fifty-three thousand and five hundred dollars, arising from the sale of the script for the land donated in trust to this State by the act of Congress of July 2, 1862, the faith and credit of the State are forever pledged. 1902. (3689) (1077) Powers of board of trustees.— The board of trustees have the power to organize the in- stitute by appointing a corps of instructors, who shall be styled the faculty of the institute, and such other in- structors and officers as the interest of the institute may require; and to remove any such instructors or other officers, and to fix their salaries or compensation, and increase or reduce the same at their discretion ; to regu- late, alter, or modify the government of the institute as they may deem advisable ; to prescribe courses of instruc- tion, rates of tuition, and fees; to confer such academic and honorary degrees as are usually conferred by institu- tions of similar character ; and to do whatever else they may deem best for promoting the interest of the institute. They shall also establish and maintain a military depart- ment in the institute, and elect a commandant and such other officers as may be necessary for the department. 1903. (3690) (1078) Classification of trustees. — The trustees of the institute are divided into three classes, as follows : The trustees from the fourth, fifth, seventh, and ninth districts shall constitute the first class; those from the eighth, sixth, and second districts shall con- stitute the second class ; and those from the third and first districts shall constitute the third class; and they shall hold office, and their seats be vacated as prescribed by section 266 of the Constitution. 100 PUBLIC SCHOOL LAWS OF ALABAMA 1904. (3691) (1079) Vacancy in office of trustees; how filled; term of appointee. — Any vacancy in the office of trustee, occurring during the recess of the Legislature, shall be filled by appointment of the governor, such ap- pointee to hold until the next session of the Legislature thereafter; such vacancy shall be filled by the governor, by and with the consent of the senate ; and any trustee appointed to fill a vacancy by the governor, by and with the consent of the senate, shall hold during the unex- pired term. 1905. (3692) (1080) Time and place of meetings of trustees. — The board of trustees shall hold their meetings at the institute on the last Monday in June of each year, unless the board shall, in regular session, determine to hold its meetings at some other time and place ; and upon the application in writing of any four members of the board, the governor shall appoint a special meeting, nam- ing the time and place thereof, and cause notices thereof to be issued to the several members of the board, but such meeting shall not be appointed for a day less than twenty days subsequent to the date of the notice. 1906. (3693) (1081) Quorum of board of trustees.— Six members of the board of trustees shall constitute a quorum, but a smaller number may adjourn from day to day until a quorum is present. 1907. (3694) (1082) Payment of expenses to trus- tees. — The certificate of the president of the board, or, in his absence, of the president pro tempore, counter- signed by the secretary, shall entitled the several trustees to the payment of their actual expenses incurred in the discharge of their duties as such trustees. 1908. (3695) (1083) When gift or grant not affect- ed; will not operate a forfeiture. — No grant or gift, by will or otherwise, shall fail on account of any misnomer or informality, when the intent of the grantor or donor can be arrived at ; nor shall any default, malfeasance, or misfeasance, or non-user, on the part of the trustees, or PUBLIC SCHOOL LAWS OF ALABAMA 101 other officers or agents of such corporation, work a for- feiture of any of its rights, privileges, powers, or fran- chises. 1909. (3696) (1084) Report of trustees to Legisla- ture. — It shall be the duty of the board of trustees to make, or cause to be made to the Legislature, at each ses- sion thereof, a full report of their transactions, and of the condition of the institute, embracing an itemized account of all receipts and disbursements on account of the insti- tute by those charged with the administration of its finances. 1910. (3697) (1085) Interest paid by treasurer; when bond required of officers or agents. — The State treasurer must pay the interest on the fund of two hun- dred and fifty-three thousand and five hundred dollars arising from the sale of land script quarterly, as the same may accrue to the treasurer or other authorized agent or officer of the institute; and on the application of the treasurer, agent, or officer, the State auditor shall draw his warrant on the State treasurer for such inter- est; but in no case shall any person be authorized to receive, hold, or disburse any fund of the institute, with- out first having given bond conditioned for the faithful performance of his duties. 1911. Appropriation in lieu of fertilizer tag tax; how paid. — In lieu of the share of the proceeds arising from the sale of fertilizer tags heretofore paid to the Alabama Polytechnic Institute, the sum of thirty-two thousand dol- lars for one year 1907-1908, thirty-six thousand dollars for the year 1908-1909, thirty-eight thousand dollars for the year 1909-1910, and thereafter forty thousand dollars annually is appropriated to said institute and the funds thus appropriated shall be paid out of any funds in the treasury of the State not otherwise appropriated, which appropriation shall be paid on the requisition of the pres- ident and treasurer of said institute, upon the approval of the governor. 102 PUBLIC SCHOOL LAWS OP ALABAMA ARTICLE 25. ALABAMA GIRLS' TECHNICAL INSTITUTE. 1912. Corporate name; rights and powers of. — "The Alabama Girls' Industrial School" heretofore established at Montevallo, is a body corporate under the corporate name of "The Alabama Girls' Technical Institute" and by that name may sue and contract, take and hold real and personal property, and have all the powers of a corpora- tion established to carry on a State educational institution of the highest grade and rank. 1913. Trustees; term of office; vacancy; how filled. — The corporation and school shall be governed by a board of trustees composed of the governor, the superintendent of education, one trustee from every congressional dis- trict, and two trustees from the State at large. The trus- tees from the odd numbered district shall hold office till the first Monday after the second Tuesday in January, 1911, and till their successors are appointed and quali- fied, who shall hold office for a term of eight years, and till their successors are appointed and qualified. The trustees from the even numbered districts and from the State at large shall hold office till the first Mon- day after the second Tuesday in January, 1915, and till their successors are appointed and qualified, who shall hold office for a term of eight years, and till their suc- cessors are appointed and qualified, and thereafter the term of office of every trustee shall be eight years. Whenever a vacancy occurs in the office of trustee, the governor shall appoint a successor, who shall hold office till the next meeting of the Legislature, when the governor, by and with the advice and consent of the sen- ate, shall appoint a trustee, who shall hold office for the unexpired term. Upon the expiration of the term of office of any trustee the governor shall, by and with the advice and consent of the senate, appoint a successor. A trustee shall be ineligible to be elected to any office by the board of trustees. PUBLIC SCHOOL LAWS OF ALABAMA 103 1914. Purposes for which school established. — The school is established for the purpose of giving therein instruction in the liberal arts and sciences, and the follow- ing academic departments are established, for every one of which a professor shall be selected as hereinafter pro- vided, namely: 1, English — literature and expression ; 2, mathematics ; 3, history and political economy ; 4, psychology and educa- tion ; 5, ancient languages ; 6, modern languages ; 7, chem- istry and geology ; 8, physics and astronomy ; 9, biology — botany, floriculture, and horticulture. And the following industrial departments are estab- lished, for every one of which a director shall be selected as hereinafter provided: 1, Art — drawing, painting, and designing ; 2, vocal mu- sic; 3, instrumental music; 4, commercial — bookkeeping, stenography, typewriting, telegraphy; 5, domestic art — sewing, millinery, dress-making; 6, domestic economy — cooking, chemistry of foods; 7, dairying; 8, physical cul- ture; 9, manual training. And the trustees shall, from time to time, establish and maintain departments wherein every other branch of human knowledge or industry by which women may live shall be taught. The trustees may leave vacant the office of professor or director in any department, as the best interests of the school may require, and cause instruction to be given therein by some competent instructor selected as the pro- fessors and directors are selected. The president, professors, and directors shall constitute the faculty of the school. 1915. Powers to confer honorary degrees; diplomas, certificates, etc. — The trustees of the school, by and with the advice and consent of the president and faculty, may confer regular and honorary degrees upon such persons as they deem worthy thereof, and may grant and confer degrees, diplomas, or certificates of proficiency or distinc- tion upon such students as may be entitled thereto under the laws established by the trustees governing this sub- ject. 104 PUBLIC SCHOOL LAWS OF ALABAMA 1916. President; election and qualification of. — The trustees shall elect a president for a term to be fixed by them, who shall not be removed during the term for which he is elected, except for just cause, which shall be explicitly set forth in writing in the minutes of the pro- ceedings of the trustees and approved by a majority of all trustees. No person shall be eligible to the office of presi- dent unless he is a graduate of some college or university of well-known high standing, an educator by profession, of good moral character, and possessing good business and administrative qualifications, and if a man, must be a married man. The trustees shall fix the salary of the president before electing a person to the office, and shall not decrease the amount thereof during the term of office without the consent of the president. 1917. Departments; professors and directors; how chosen. — The trustees shall establish such additional de- partments, academic and industrial, in the school as they deem necessary and proper, and fix the salary or compen- sation to be paid to the professors, directors, and instruc- tors therein. The president of the school shall by and with the advice and consent of the board of trustees, ap- point all the professors, directors, and instructors of all the departments of the school. Whenever a nomination is rejected by the trustees the president, if he so desires, shall have reasonable time within which to make another nomination, but he shall not have the power to nominate any person rejected within one year thereafter. Should the president fail or refuse to nominate any one to be a professor, director, or instructor, the trustees shall elect such professors, directors, and instructors as they deem necessary or proper. 1918. Secretary of trustees. — The trustees shall elect a secretary, who shall hold office for the term and receive such compensation as may be fixed by the trustees, and shall perform such services as may be required of him. 1919. Treasurer; election, duties, and bond of. — The trustees shall elect a treasurer, who shall not be a trustee, who shall receive, hold, and pay out all moneys belonging PUBLIC SCHOOL LAWS OF ALABAMA 105 to the school, or that may be paid in for the necessary expenses of any student in the school, or for her use and benefit, and the treasurer shall hold office for the term and receive such compensation as may be fixed by the trus- tees. Before entering upon his duties, the treasurer must give bond in such penalty as the trustees may fix, payable to "The Alabama Girls' Industrial School," with condi- tions that he will faithfully receive, safely keep, and law- fully pay out, and promptly, fully and fairly account for all moneys or choses in action which may come to him by virtue of his office, and the trustees may require a new bond, or an additional bond, whenever they judge that the interest of the school requires it. 1920. Removal of treasurer. — Whenever the funds in the hands of the treasurer, or about to be received by him, are in danger of being lost, the trustees may remove the treasurer from office and take from him all funds and choses in action belonging to the school or any pupil therein, and may, in that event, appoint a temporary cus- todian with bond or security to hold such funds. 1921. Books of institution kept; must be open to in- spection. — The secretary, treasurer, and all other officers, agents, or servants of the school who are required to keep, use, or dispose of any property or supplies of the school, shall keep accounts of their transactions in books to be furnished them by the trustees, which shall at all times be open to the inspecti'on and examination of the president, the trustees, or any one appointed by the trus- tees thereto, and any person withholding such book or books belonging to the school from the inspection of any officer entitled to examine the same, shall be immediately removed from his office or employment by the president or trustees. 1922. Pupils admitted; qualifications of. — Any white girl residing in Alabama, of good moral character, in good health, and of sufficient physical and mental develop- ment, to be judged of by the president, and over the age of fifteen years, who shall comply with all the require- ments prescribed by the trustees, may be admitted into 106 PUBLIC SCHOOL LAWS OF ALABAMA the school, and upon completing the course of study pre- scribed at the time of her admission, to the satisfaction of the faculty, shall receive the degree and diploma or certificate she may have earned. Whenever the accom- modations of the school are sufficient to admit more stu- dents than apply from Alabama, then students from other states, territories, or foreign countries may be received and instructed in the school upon such terms and condi- tions as may be imposed by the trustees. 1923. Property exempt from taxation. — The property of the school, of every kind and description, shall forever be exempt from all taxes, municipal, county, or state, and from all local assessments. The president, and all other teachers and officers, who may be men, are exempt from jury duty and from working public roads or streets ; and the salary, wages, or compensation of all officers, teachers, and servants of the school shall be exempt from the proc- ess of garnishment or attachment. 1924. Scholarships. — Every trustee of the school shall have the right to appoint one student possessing the quali- fications hereinbefore prescribed, who shall be boarded and instructed in the school free of all charges for board, washing, lights, books, and incidental fees, but a student shall not be eligible to appointment for more than four years, nor shall any girl be appointed under this provi- sion who is able to pay for her education, or whose par- ents, or either of them, have the ability to pay for her education in the school. 1925. Duties of students. — As far as may be prac- ticable students in the school shall be employed in giving assistance in any department of work of the school to enable them to obtain instruction therein, but students shall be employed only in cases and to the extent that they may be able to render efficient service without injury to themselves or to the school. 1926. Rights confirmed, etc. — All rights of property in action which may have accrued to the school before the PUBLIC SCHOOL LAWS OF ALABAMA 107 adoption of this Code are confirmed and preserved, and no grant or gift of any valuable thing or right shall fail by reason of a mistake in the name of this corporation or school; provided the intention to grant or give to this school may be derived from the words used in designating the benficiary or grantee. All rights, powers, and reme- dies granted in and by an act to create and establish an industrial school in the State of Alabama for white girls, approved February 21, 1893, and any act amendatory thereof, are confirmed and preserved. 1927. Instruction free. — Instruction in the school shall be given without charge to all pupils admitted who are residents of this State. 1928. Power to condemn property. — Whenever the school needs any land near the school for any purpose of the school, and the owner theerof is a minor or an insane person, or refuses to sell the land to the State for the use of the school, the trustees shall have authority to institute in the probate court of Shelby county proceed- ings in the name of the State of Alabama, to condemn such land, which proceedings shall be conducted as near as may be possible in accordance with the provisions of sections 3860-3903 (1712-1742) of the Code. It shall be the duty of the trustees to pay out of the funds of the school all costs of every condemnation proceeding insti- tuted by them under the power hereby conferred. 1929. Appropriation for girls' industrial school. — For the regular maintenance of the Alabama Girls' Indus- trial School there is appropriated, annually, thirty-six thousand dollars, to be paid in quarterly installments of nine thousand dollars to the treasurer of the school upon the order of the president of the school. 1930. Title to and sale of land of industrial school for girls. — The title to all lands granted by the Congress of the United States to the State of Alabama, "for use of" said industrial school, is retained until the trustees of the school shall sell the same, which sale shall be made only with the approval of the governor, and when any sale 108 PUBLIC SCHOOL LAWS OF ALABAMA shall have been made, the governor, upon the request of the trustees, shall convey the lands sold to the purchaser, and all the proceeds arising from the sale of lands shall be paid into the treasury of the State to remain forever as a fund for the use of the school, and upon which there shall be paid to the school interest at the rate of six per cent, per annum, in quarterly installments. 1931. Deposits of proceeds of sales, leases, etc., of school lands; payment of expenses of selling, etc. — The proceeds of all lands sold or leased by the Alabama Girls' Industrial School shall be paid into the State treasury, and the school, out of the money appropriated by the State for the maintenance of the school, shall pay all the expenses of caring for, protecting, and selling the lands. 1932. Interest on land fund paid quarterly. — On the last day of every quarter the State treasurer shall pay to the treasurer of the Alabama Girls' Industrial School, upon the order of the president of the school, interest at the rate of six per cent per annum on the whole amount of the fund in the State treasury at the close of every quarter, arising from the sale of lands, and upon every sum paid into the State treasury before the current quar- ter upon which interest has never been paid ; and all laws or parts of laws in conflict herewith are hereby expressly repealed. It being the purpose and intent of the State of Alabama to execute in good faith the trust reposed in it by Congress when granting the lands to the State for the benefit of the school, and to preserve the proceeds arising from the lease or sales of the lands of the school so granted by Congress as a fund forever, and to pay the interest thereon for the support and maintenance of the school. ARTICLE 26. ALABAMA INSTITUTE FOR THE DEAF. 1933. (3698) (1086) (1311) (1025) Educational institutions for the deaf established. — There is estab- PUBLIC SCHOOL LAWS OF ALABAMA 109 lished in this State and located at Talladega, an institution for the education of the deaf, called the Alabama School for the Deaf. 1934. (3699) (1087) (1312) (1026) Incorporation of such institution.— -The governor, the superintendent of education, and eleven other persons, appointed as herein- after provided, are made a body corporate, with the rights of succession forever, by the name of the Alabama School for the Deaf; and such corporation may acquire and hold property ; real and personal, by gift, devise, or any other manner, for the purpose of its creation ; may sue and contract ; may have and use a common seal ; break or alter the same at pleasure, and may have all the powers necessary and proper to accomplish the purposes of this article. 1935. (300) (1088) (1313) (1027) Eleven trustees appointed by the governor; board of trustees. — Such board of trustees shall consist of the governor, the super- intendent of education, and eleven other persons, who shall be appointed by the governor and confirmed by the senate at the meeting of the Legislature next following such appointment, and if any appointment by the gover- nor is rejected by the senate, the governor must again appoint until the full number of appointments at such time is complete ; and in case of a vacancy on said board by death or resignation of a member, or from any cause other than the expiration of his term of office, the gover- nor may fill the vacancy by appointment, which shall be good until the next meeting of the Legislature, and until his successor is duly appointed and confirmed. Each trustee shall hold office for a term of six years. The board shall consist of three members from the congres- sional district in which the school is located, and one from each of the other congressional districts in the State. The three members from the district in which the school is located shall be appointed from Talladega county. The board shall be divided into three classes. The members from the first, second, third, and one mem- ber from the fourth district, shall compose the first class. 110 PUBLIC SCHOOL LAWS OF ALABAMA The members from the fifth, sixth, and one member from the fourth district, shall compose the second class. The members from the seventh, eighth, ninth, and one mem- ber from the fourth district, shall compose the third class. Successors to those trustees whose terms expire in 1908 shall hold office until 1914; successors to those trustees whose terms expire in 1910 shall hold office until 1916; successors to those trustees whose terms expire in 1912 shall hold office until 1918; and thereafter their succes- sors shall hold office for a term of six years; and the members of the board of trustees, as now constituted and elected, shall hold office until their respective terms ex- pire under existing law ; and until their successors are ap- pointed and confirmed as herein required. No trustees shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. These eleven persons, and the governor and the superin- tendent of education, constitute a board of trustees who shall have entire management and control of such institu- tion, i I 1936. (3701) (1089) (1314) (1028) Quorum and meetings of board; secretary and treasurer. — A major- ity of such board may act, and may meet and adjourn from time to time as, in their judgment, the interest of the institution may require. They must appoint a secre- tary and keep a complete record of all their proceedings in a well-bound book ; and they shall also appoint a treas- urer, who shall not be a trustee, who shall give bond in such amount as the board may determine, and with such sureties as they may deem sufficient, for the faithful discharge of his duties as such treasurer ; and he and his sureties shall be responsible for all funds which may come into his hands by virtue of his office. 1937. (3702) (1090) (1315) (1029) Duties of treasurer. — The treasurer must pay over such funds as may come into his hands as such on the written order of the principal of the school, countersigned by the secre- tary and recorded in the minutes or records of the pro- ceedings of the board, kept by such secretary, and the PUBLIC SCHOOL LAWS OF ALABAMA 111 treasurer shall make a full report at the close of the fiscal year, and oftener, if required by the governor. 1938. (3703) (1091) (1316) (1030) President of board; teachers; compensation of officers. — The board must appoint from their number a president, and they must also appoint a principal teacher for such institution, who may nominate to the board such other assistants in the institution as he may think necessary for its success- ful management, such board having power of confirma- tion or rejection. The board must fix the amount of compensation for each of the officers and teachers, and the time of payment. 1939. (3704) (1094) (1319) (1032) Object of the school; application and admission; term of pupilage. — The object of such school shall be to afford the means of education to the deaf of the State. All deaf children of the State between the ages of seven and twenty-one who are of sound mind, free from disease, and of good character, may be admitted to the benefits of this school. All applicants must make satisfactory proof to the board of trustees that they are citizens of the State, and that they are proper candidates for admission. Proof may be made by the applicant in person, or by next friend or by affidavit of any person cognizant of the facts, before the probate judge or notary public. The length of time which any pupil may continue in school shall not exceed ten years. Provided, however, that the board of trustees may increase the term of a pupil from year to year upon recommendation of the principal, to not exceeding four additional years, and no pupil shall be retained in school after having passed the age of twenty-five. No pupil shall be retained in school after it has been ascertained that such pupil has ceased to make progress or is not being benefited. Any pupil may be dropped at any time for cause by the board of trustees. 1940. (3708) (1098) (1323) Selection and powers of executive committee. — The board may select from their number an executive committee of three, subject to 112 PUBLIC SCHOOL LAWS OF ALABAMA change and removal by the majority of the board at any time ; and such committee is authorized to meet and trans- act any business that may be transacted by a majority of the board ; and whatever acts such committee may do shall be considered as done by the whole board. 1941. (3710) Appropriations for each pupil. — For the maintenance and the support of the Alabama School for the Deaf the sum of two hundred and thirty-five dol- lars per pupil is hereby annually appropriated out of any money in the treasury not otherwise appropriated, such an appropriation to be based upon the number of pupils enrolled on the first day of January in each year, and to be drawn quarterly in advance by the treasurer of the board, and disbursed as directed by them. 1942. (3711) Property to be insured and kept in repair; appropriation therefor. — The board of trustees must provide good and sufficient insurance, payable to the State of Alabama, upon the property of the State and under their control, and keep and maintain such property in good repair ; and for these purposes there is annually appropriated the sum of three thousand dollars ($3,000) to be drawn as appropriations for the support of the institute are drawn. Such appropriation shall be ex- pended only for the purpose herein specified. ARTICLE 27. ALABAMA ACADEMY FOR THE BLIND. 1943. (3712) Educational institution for the blind established. — There is established in this State and lo- cated at Talladega, an institution for the education of the blind, called the Alabama School for the Blind. 1944. (3713) Control and management. — Such insti- tuion is under the control and management of the board of trustees of the Alabama School for the Deaf, who may prescribe rules and regulations for the conduct of the PUBLIC SCHOOL LAWS OF ALABAMA 113 same. The principal for the Alabama School for the Deaf is the chief executive officer. 1945. (3714) Objects of school; application and ad- mission; term of pupilage. — The object of such school shall be to afford means of education to the blind of the State. All blind children of the State between the ages of seven and twenty-one who are of sound mind, free from disease, and of good moral character may be ad- mitted to the benefits of this school. All applicants must make satisfactory proof to the board of trustees that they are citizens of the State, and that they are proper candi- dates for admission. Proof may be made by the appli- cant in person, or by next friend, or by affidavit, or by affidavit of any person cognizant of the facts, before a probate judge or notary public. The length of time which any pupil may continue in school shall not exceed ten years; provided the board of trustees may increase the term of any pupil from year to year, upon the recom- mendation of the principal, to not exceeding four addi- tional years. And no pupil shall be retained in school after having passed the age of twenty-five. No pupil shall be retained in school after it has been ascertained that such pupil has ceased to make progress or not being benefited. Any pupil may be dropped at any time for cause by the board of trustees. 1946. (3716) Appropriations for each pupil. — For the maintenance and support of the Alabama School for the Blind the sum of two hundred and fifty dollars per pupil is hereby annually appropriated, such appropria- tion to be based upon the number of pupils enrolled on the first day of January of each year, and to be drawn quarterly in advance by the treasurer of the board, and disbursed as directed by them. 1947. (3717. Officers and teachers. — All officers and teachers of such institution must be appointed, and the salaries fixed and paid in like manner as the officers and teachers of the Alabama School for the Deaf are ap- pointed and their salaries are fixed and paid. 114 PUBLIC SCHOOL LAWS OP ALABAMA 1948. (3719) Laws relating to the Alabama School for the Deaf applicable. — All laws now in force or here- after enacted relating to the admission of pupils and the management and control of the Alabama School for the Deaf are applicable to the Alabama School for the Blind, except so far as such laws may be inconsistent with the provisions of this article. ARTICLE 28. ALABAMA SCHOOL FOR NEGRO DEAF MUTES AND BLIND. 1949. (3720) Educational institutions for negro deaf and blind established. — There is established in this State and located at Talladega, an institution for the education of negro deaf and blind, called the Alabama School for Negro Deaf and Blind. 1950. (3721) Control and management. — Such insti- tution is under the control and management of the board of trustees of the Alabama School for the Deaf, who may prescribe rules and regulations for the conduct of the same. The principal of the Alabama School for the Deaf is the chief executive officer. 1951. (3723) Object of school; application and ad- mission; term of pupilage. — The object of such school shall be to afford the means of education to the negro deaf and blind of the State. All negro deaf and blind children between the ages of seven and twenty-one who are of sound mind, free from disease, and of good char- acter may be admitted to the benefits of the school. All applicants must make satisfactory proof to the board of trustees that they are citizens of the State, and that they are proper candidates for admission. Proof may be made by the applicant in person, or by next friend, or by affidavit of any person cognizant of the facts, before a probate judge or notary public. The length of time which any pupil may continue in school shall not exceed ten years; provided, the board of trustees may increase PUBLIC SCHOOL LAWS OF ALABAMA 115 the term of a pupil from year to year, upon the recom- mendation of the principal, to not exceeding four addi- tional years. No pupil shall be retained in school after having passed the age of twenty-five. No pupil shall be retained in school after it has been ascertained that such pupil has ceased to make progress, or is not being bene- fited. Any pupil may be dropped at any time for cause by the board of trustees. 1952. (3725) Appropriations for each pupil. — For the miantenance and support of the Alabama School for Negro Deaf and Blind the sum of two hundred and thirty dollars per pupil is hereby annually appropriated, such an appropriation to be based upon the number of pupils enrolled on the first day of January in each year, and to be drawn quarterly in advance by the treasurer of the board, and disbursed as directed by them. 1953. (3726) Laws relating to the Alabama School for the Deaf applicable. — All laws now in force or here- after enacted relating to the admission of pupils and the management and control of the Alabama School for the Deaf, are applicable to the Alabama School for Negro Deaf and Blind, except so far as such laws may be incon- sistent with the provisions of this article. ARTICLE 29. REFORMATORY AND INDUSTRIAL SCHOOL. 1954. Corporate name; rights and powers. — There is established a reformatory and industrial school, under the name and style of the "Alabama Industrial School," which is a body corporate, and, as such, shall have per- petual succession, may sue, and may have and use a common seal, which it may change or alter at its pleasure, and may acquire by purchase, or by condemnation pro- ceedings in the probate court of Jefferson county, in the name of the State of Alabama, such property, real and personal, as may be necessary or proper for its purposes, 116 PUBLIC SCHOOL LAWS OF ALABAMA and may have and exercise all such powers and privileges as may be necessary or proper for carrying out the pur- poses of its organization, as herein declared. 1955. Directors nominated by governor; term of of- fice.— The business, property, and affairs of the corpora- tion shall be under the management and control of a board of directors, which shall consist of seven ladies and the governor, the commissioner of agriculture and industries, and the attorney-general of the State, who shall be ex officio directors. The ladies constituting' the first board of directors shall be nominated by the governor and confirmed by the senate, and those thus nominated and confirmed shall hold, two for two years, two for four years, and three for six years; those holding for these respective terms to be designated by the governor in mak- ing nominations therefor to the senate. Thereafter the lady members of said board shall be elected by the con- tinuing members thereof at the expiration of their respec- tive terms ; and all vacancies caused by death, resignation, or otherwise, shall be filled by the board. The term of office of each member of the board, after the expiration of the first term, shall be for six years. 1956. Officers, agents, and employees. — The board of directors shall elect a president, vice-president, secretary, and treasurer, and such other officers, agents, and em- ployees as to them shall seem necessary or expedient, whose term of office of employment shall be for such time as the board may prescribe; and the board may remove any such officer, agent or employee at any time, with or without cause. The board may also fill all vacancies occurring in any such offices. 1957. By-laws. — The board of directors may make such by-laws, rules, and regulations, not inconsistent with the laws of this State, as shall be necessary or expedient for the government and management of said institution, and of its officers, agents, and employees, with power to alter, modify, change, or repeal the same. PUBLIC SCHOOL LAWS OF ALABAMA 117 1958. Meetings of the board.— The board shall meet annually, at such time and at such place as may be pre- scribed by the by-laws; and special meetings may be held at the call of the president, or of the governor, or of a majority of the lady directors, upon such notice as may be prescribed by the by-laws. 1959. White children betiveen ages of six and eighteen provided for.— Said school shall receive, care, and pro- vide for the welfare of white boys between the ages of six and eighteen, who, by their course of conduct or surroundings, are likely to become base or criminal, or hurtful to the State or the best interests of society, to be committed to the keeping of said school under the pro- visions of this article, Or who may be voluntarily com- mitted to its keeping by the parent or parents, or person having them in charge, or who, having no parent, guard- ian, or other person to care for them, voluntarily commit themselves to its keeping. 1960. Commitment of children to reformatory. — Any justice of the Supreme Court, chancellor, judge of pro- bate, circuit judge or judge of any city or criminal court of this State may cause to be brought before him, upon his own motion, or the sworn complaint of another, any white boy between the ages of six and eighteen years, who may come within any of the following descriptions, to-wit: Any white boy who is begging, or anyone who is offering for sale or selling anything as mere cover for begging. Any who have been abandoned by their parents, or who have abandoned their parents and homes, and have no visible means of support. Any who do not at- tend the public schools, and idle away their time in the streets, without any actual occupation or means of sup- port. Any who are orphans, and have no sufficient or proper guardian to care for their physical, moral, and mental welfare, to insure the child against pauperism and crime. Any who may be found destitute, or whose par- ents are both drunkards, or whose mother is a drunkard, lewd, or in prison; and such child is not supported and controlled. Any who shall have been arrested and brought 118 PUBLIC SCH00IT5LAWS OF ALABAMA * before police courts repeatedly for petty offenses, and shall appear to be beyond control .'of parents. And upon any such child being brought before him, such judge shall proceed, at such time as he may ^appoint, to investigate the condition and surroundings of such child, and upon such investigation, if he shall be satisfied that the child comes within any one of said descriptions, and that it would be for the interest of such child that he or she be committed to said institution, he will make an order to that effect and commit the child .to said institution, to be held and provided for underwits rtiles and regulations. At any such investigation, the judge) holding the same shall allow any one to appear for the child and resist such com- mitment; and he shall not make -any such commitment if the parent, guardian, or a person who is related to the child within the fourth degree,, and sufficiently qualified in his opinion to take care of ajid tjr.ovide for the child, will appear and agree in writing-to take care of and provide for the child until he shall arrive at the age of sixteen years. 1961. Appeals from decision committing child. — Any child brought before any judge for such commitment, or any person for such child, may within five days, appeal from the decision of the judge committing him, to the circuit or city court held in the county in which such investigation is had, upon giving bond, with sufficient sureties, to be approved by the judge, and in such sum as may be fixed by him, to have the child forthcoming when the appeal is heard ; and if the appeal be taken by any person for the child, the bond shall further provide for the maintenance of the child until said appeal is dis- posed of. If, upon hearing of the appeal, the decision of the judge causing the commitment is sustained, the child shall be committed by the court to said institution ; but if that decision is not sustained, the child shall be dis- charged. And the judge before whom such investigation is made, or to be made, may issue all process that may be necessary to have the child brought before him, or for commitment; and such process shall be executed by the sheriff of the county. PUBLIC SCHOOL LAWS OF ALABAMA 119 1962. Time children shall be kept in reformatory.—- Any child committed to said institution under the provi- sions of this article shall be kept therein until he arrives at the age of twenty-one years, unless sooner dismissed therefrom by the order of the board of directors, or in pursuance of any by-laws of the institution, or by order of the governor of the State. 1963. Reports to Legislature. — The ex officio mem- bers of the board shall at least once a year visit the insti- tution and examine into its management and condition; and at each session of the Legislature they shall make to that body a report touching the institution and its man- agement and condition. 1964. Criminal children sentenced to school. — When any white boy between the ages of seven and sixteen years shall have been tried and convicted of any crime punishable by imprisonment in the penitentiary, or in jail, or by hard labor for the county, before any court of this State, the court may, if of the opinion that the inter- ests of the child would thereby be promoted, sentence such child to commitment to said school, in lieu of such imprisonment, or hard labor for the county. 1965. May receive children without authority of court. —Said institution may, in its discretion, receive any child placed in its care and keeping by its parent or parents, without the authority of any court, and may keep said child until it is twenty-one years of age; but this shall not be done without first making provisions for the main- tenance of said child under the rules and regulations of said institution. 1966. Exclusive custody of children who are commit- ted. From the time of the lawful reception of any child into the institution, and during its stay, said institution shall have the exclusive care, custody, and control of the child, under such rules and regulations as the board of directors may provide. 120 PUBLIC SCHOOL LAWS OF ALABAMA 1967^ Instructions given children committed. — The officers of said school shall receive and take into it all children committed thereto by competent authority, or received therein as aforesaid, and shall cause all children in the school to be instructed in such branches of useful knowledge as may be suited to their years and capacities. The boys shall be taught such useful trades as the board may direct, and they shall be taught according to the course of the public schools of the State. 1968. Treasure!* of school; bond of. — The treasurer of the school shall, before entering upon the discharge of the duties of office, execute bond, payable to the "Ala- bama Industrial School," with good and sufficient sure- ties, and in such sum as the board of directors may pre- scribe, and with condition to faithfully discharge the duties of his office. 1969. Detention and keeping of children; authority for. — Any commitment under this article, whether by judge, court, or parent, or other person having in charge the child, shall be full, sufficient, and competent authority to the officers and agents of said school for the detention and keeping therein of the child so committed. 1970. Convict children separated from others. — Pro- vision shall be made for the care of convict children, sepa- rate and apart from the other children, so far as the same can be done with the means at hand. ARTICLE 30. PREPARATORY SCHOOL FOR MINES AND MINING. 1971. Incorporation and name. — J. J. Mayfield, E. N. C. Snow, Hugh Morrow, T. H. Aldrich, H. W. DeBardele- ben, J. Collier Foster, and S. Friedman, and their succes- sors in office, are a body corporate, to be known and styled "A preparatory school for mines and mining for the State of Alabama," for the purpose of preparing white children of Alabama for the study and pursuit of the science and art of mining. PUBLIC SCHOOL LAWS OF ALABAMA 121 1972. Location and powers of. — The situs and place of business of said corporation shall be at Tuscaloosa, Alabama ; said corporation may own, possess, and receive by gift, purchase, grant, or devise, or in any other man- ner, real and personal property, so long as the same have all other powers necessary to carry into effect and operation the objects and purposes for which the corpora- tion is established, or which have been heretofore granted by the State to other educational institutions may be used for the school purposes, or in any wise contributing to the maintenance or preparing and instructing the white children of the State in the arts and sciences of mining. And the said corporation may dispose of said property by sale, grant, or otherwise, and shall have all other pow- ers necessary to carry into effect and operation the objects and purposes for which the corporation is established, or which have been heretofore granted by the State to other educational institutions not inconsistent with the provisions of this article. 1973. Faculty; election and term of office. — The trus- tees of said corporation shall elect the professors and teachers in said school, and fix their salaries and terms of office, who shall constitute the faculty of said school, which shall institute and prescribe a course of studies to be pursued in said school, and the said faculty so con- stituted may issue certificates of proficiency to the stu- dents in said school. A majority of the trustees hereto- fore appointed shall constitute a quorum for the transac- tion of all business in behalf of this corporation. 1974. Trustees; classification and terms of office. — The trustees hereinbefore appointed and named shall be divided into five classes, viz. : Classes one, two, three, four, five and each class shall hold office respectively for the terms of one, two, three, four, and five years each, classification to be determined in the order in which they are named in the first section of this article ; at the expira- tion of the respective terms of each of said trustees his successor shall be elected by a majority of the other trustees ; provided, that after the expiration of the term 122 PUBLIC SCHOOL LAWS OF ALABAMA of the trustees herein named, in the manner herein pro- vided, the term of office as to all successors shall be for five years, and until their successors are elected and quali- fied. No. 629.) AN ACT (S. 171. To amend article 31, chapter 41, of the Code of Ala- bama, 1907. Be it enacted by the Legislature of Alabama: That article thirty-one (31) of chapter forty-one (41) of the Code of Alabama of 1907 be and the same is hereby amended so as to read as follows : 1. That the sum of $134,000 shall be appropriated an- nually for the purpose of aiding in the erection, repair and equipment of rural schoolhouses in this State from any funds in the treasury not otherwise expended, pro- vided however that $67,000 of the above appropriation shall act so as to decrease the amount that may be appro- priated to the general educational fund to that extent, and provided further that not more than $2,000 of this annual appropriation shall be used or paid out in any one county of this State in one fiscal year except the fund arising from unexpended balances as hereinafter pro- vided. 2. That three or more citizens of any rural community or of any incorporated town in this State under the con- trol of the county board of education, where it is pro- posed to erect a school building according to plans fur- nished by the State department of education or to repair or to equip a school building according to plans approved by the State department of education, shall be eligible to make application to the county board of education for aid subject to the following conditions : The application shall show that bona fide donations of at least twice the amount for which aid is asked have al- ready been secured, and the application shall also con- tain a description of the plot of land upon which the public school building for which aid is sought is located or is to be erected. The maximum amount for which PUBLIC SCHOOL LAWS OF ALABAMA 123 application is made for the erection of a school building shall not exceed four hundred dollars for a school build- ing with one class room, six hundred fifty dollars for a school building with two class rooms, nine hundred dol- lars for a school building with three class rooms, twelve hundred dollars for a school building with four class rooms, and fifteen hundred dollars for a school building with five or more class rooms. In the granting of aid in the erection of buildings under provisions of this sec- tion, the class room shall not be interpreted to include auditorium or work room but additional aid in the sum of three hundred dollars over and above the maximum amount specified for each type of building enumerated above, shall be available under the same conditions for the erection of an auditorium, and a further like amount shall be available for the erection of one work room of standard size. The maximum amount for which applica- tion is made for the repair or equipment of a school building shall not exceed four hundred dollars, provided that no application for repair or equipment for less than fifty dollars shall be considered. It shall be stipulated in each application that separate toilets for boys and girls to conform to standards set up by the State Board of Health will be erected. Sec. 3. That the county board of education shall con- sider all applications filed, shall approve such as seem most worthy under such regulations, as may be prescribed by the State superintendent of education, and shall keep a record of the proceedings showing the application ap- proved by the board, the amount of the bona fide dona- tions and the amount which the board recommends to be given to any school. The county board of education shall certify to the State superintendent of education the amount of donations which have been paid over to the county treasurer of public school funds ; and that a deed in fee simple to not less than two acres of land, if for the repair or equipment of any school building or for the erection of a school building with not more than two class rooms, and of not less than five acres of land for a school building containing three or more class rooms has been executed to the State of Alabama, provided that 124 PUBLIC SCHOOL LAWS OF ALABAMA when application is made for the repair or equipment of any building the title to the property may be vested in the county board of education. The said certificate shall show the amount of money recommended to be given to the school; provided, that the deed or deeds conveying the title to the property shall accompany the certification made to the State superintendent of education and shall remain on file in his office. 4. That before approving any application for aid which has been properly certified to him the State superin- tendent of education shall satisfy himself that the condi- tions of this act have been fully complied with. If he approves the application as certified to him by the county board of education he shall request the State auditor to draw his warrant on the State treasurer for the amount for which the application is approved. The State auditor shall draw his warrant on the State treasurer for the amount of money to be given to the school as shown by the requisition of the State superintendent, making the warrant payable to the county treasurer of public school funds of the county wherein the school is located and shall indicate therein for the benefit of what public school the same is issued. The warrant shall be delivered to the State superintendent of education who shall forward the same to the county treasurer of public school funds of the county wherein the school receiving the aid is located and shall also notify the county board of education of that fact, provided, that all persons receiving any war- rant or the proceeds thereof issued under this act shall issue a receipt to the person from whom he receives the same. 5. That the erection, repair, and equipment of any school building under the provisions of this act shall be under the direction and control of the county board of education. To this end the board shall authorize all con- tracts and shall order the county treasurer of public school funds to make payment of the amount due under any contract, provided, that not more than two-thirds of the total amount for the erection, repair, or equipment of any school building, including the donations and the amount received from the State, shall be paid out until PUBLIC SCHOOL LAWS OF ALABAMA 125 the inspection required under section 6 of this act has been made and approval certified to the county treasurer of public school funds and to the county board of educa- tion ; and provided further, that the State warrant, issued under the provisions of this act, shall not be cashed until inspection has been made and approval certified by the State superintendent of education. 6. That whenever the county board of education shall certify to the State superintendent of education that the school building for which State aid is appropriated is completed and all equipment is in place or repairs made and that all indebtedness on the school building, equip- ment or repairs has been paid except such an amount as will be satisfied by the funds remaining in the hands of the county treasurer of public school funds, the State superintendent of education shall inspect or delegate some one to inspect the work done and equipment installed, and if such meets all requirements of the provisions under which State aid was granted, he shall authorize the county treasurer of public school funds in writing to pay out the remainder of the funds upon the order of the county board of education. 7. The State superintendent of education shall open an account with each county in the State in a book kept by him for that purpose and shall charge against the county the amount of each warrant issued under this act for the benefit of the public schools of such county ; pro- vided, that any warrant not cashed by the county treas- urer of public school funds by reason of failure to comply with the requirements of this act shall, after the lapse of twelve months from the issuance of the same, be by him returned to the State superintendent of education, who shall mark the same "cancelled" and shall also make in the book kept by him in accordance with the preceding section a credit entry in favor of the county for which the warrant was originally drawn for the amount of any warrant so cancelled. 8. That the unexpended balance, as shown by the . book kept by the State superintendent of education which have accrued to the several counties of the State from the 126 PUBLIC SCHOOL LAWS OF ALABAMA rural schoolhouse fund provided in sections 1975 and 1993, inclusive, of article 31 of the Code of Alabama of 1907, shall upon the first day of October, 1915, be reappor- tioned equally to the several counties of the State, and thereafter the unexpended balances, as shown by the books kept by the State superintendent of education in accordance with section 7 of this act, at the end of each and every fiscal year shall be reapportioned equally among all the counties of the State in addition to the regular annual appropriation of $2,000; provided, that the State superintendent of education shall on the first day of October, or as early thereafter as practicable, make the apportionment herein required and certify the same to the State auditor, and provided further, that be- fore making the reapportionment herein provided for, the State superintendent of education may set aside from the unexpended balances of the preceding year such an amount as may be deemed to be necessary to procure ex- pert assistance in the drawing of plans, in the prepara- tion of estimates or bills of material, in the inspection of buildings, and for such other expenses incident thereto as are deemed necessary to make this act effective. The State superintendent shall also certify the amount so set aside to the State auditor and in paying out any part of the amount so set aside, he shall make requisition upon the State auditor who shall draw his warrant upon the State treasurer for the amount for which requisition has been made in keeping with this provision, provided that the unexpended balance from the amount so set aside shall be treated as other unexpended balances for the pur- pose of reapportionment at the end of each fiscal year. 9. That any person or persons who shall knowingly use or apply, or authorize the use or application of the proceeds or any part thereof any funds authorized under this act for any purpose or purposes other than as re- quired by said act shall be guilty of a misdemeanor and on conviction shall be fined not less than $200 nor more than $1,000 and may also be sentenced to hard labor for the county for not more than twelve months. 10. That this act shall become effective the first day of October, 1915, and all laws or parts of laws in conflict PUBLIC SCHOOL LAWS OF ALABAMA 127 with the provisions of the same be and are hereby re- pealed. Note. — Sections 2, 3 and. 8 of above bill, approved September 22, 1915, amended by H. B. 268, approved February 17, 1919. PROCEEDINGS FOR AND AGAINST COUNTY SUPERINTENDENTS OF EDUCATION (CIVIL CODE). 5940. Against county superintendent for balance in his hands. — Summary judgments must be rendered on motion, after ten days' notice, in the circuit court, or other court having jurisdiction of the amount, of the county in which the defendants, or either of them, reside, J gainst any county superintendent of education who has reigned, removed from the county, or been legally re- moved from office, or whose term of office has expired, and frs sureties or any or either of them, in favor of his successors, if there be one, or if there be no successor, in favor of the superintendent of education, for the amount of school moneys belonging to his county, which has not been legally disbursed by him or paid over to his succes- sor in office, with interest from the time of the default, and twenty per cent damages and costs; and the money when recovered by the superintendent of education, must be turned over to the county superintendent of education. 5941. Authority to employ counsel. — The county su-. perintendent of education may employ attorneys to prose- cute actions under the provisions of this article against such defaulters and their sureties; but in no case shall any attorney receive more than ten per cent of the amount which may be collected on any judgment obtained by him, or of the amount which may be otherwise recovered by him. 5942. Notice. — The notice of such motion may be served by any sheriff of this State, and must succinctly state the cause for which, and the court and term at which, the motion will be made. 5943. Transcript of superintendent of education evi- dence. — On the trial of such motion, a transcript from 128 PUBLIC .SCHOOL LAWS OF ALABAMA the books and records in the office of the superintendent of education or the State auditor, duly certified under his hand, shall be prima facie evidence of the facts shown by them. 5944. Time and manner of trial. — If the notice has been given as herein required, such motion shall stand for trial at the first term, and the court must hear and determine the same, and render judgment upon the evi- dence without a jury, unless a trial by jury shall be de- manded, when a jury must be immediately impaneleo to try the issues of fact, unless good cause be shown 'or a continuance. 5945. In favor of teachers for moneys due them; co*'^ and notice; appeal from justice's court. — Summary judg- ment may also be rendered against the county superin- tendent of education and his sureties, or any or e^her < them, in favor of any teacher of the public schools, his legal representative, or assignee, by motion, on ten. days* notice, in any court of the county of such superintendent, of competent jurisdiction, for failing to pay ovei, on demand, to such teacher any moneys in the hands of such superintendent due or owing such teacher, as required by law, for the amount of such moneys with interest from the time of the demand, and ten per cent, damages on the aggregate amount, and. costs; but from all cases tried before a justice of the peace; or notary public ex- officio justices of the peace, either party shall have the right to appeal as provided by law in other cases decided before such officer. CITY AND TOWN SCHOOLS UNDER MUNICIPAL GOVERNMENT, 1348. Schools; regulation of. — Cities and towns shall have power to establish, maintain, and regulate public schools in which children from seven to twenty-one years of age,, bona fide residents of and living within the cor- porate limits of such city or town, shall be entitled to PUBLIC SCHOOL LAWS OF ALABAMA 129 admission; and non-residents shall be admitted on such terms as the board of education may prescribe, and sepa- rate schools shall be provided for children of African descent. 1349. ^Education; board of. — In cities having a popu- lation of six thousand or more, the management and control of the public schools therein shall be vested in a board of education, which shall be composed of five members, who shall serve without compensation, and shall be qualified electors and residents of the respective cities, and who shall not be members of the city council. At the first regular meeting of the council in April, or as soon thereafter as may be practicable, at any regular meeting, the council shall elect the members of the board of education, whose terms of office respectively shall be one, two, three, four, and five years. Annually thereafter at the first regular meeting in April, or as soon thereafter as may be practicable, at a regular meeting, the council shall elect a member, whose term of office shall be five years, to succeed the member of the board of education whose term expires that year. In the event of a vacancy in the membership of the board, by resignation or other- wise, the fact shall be reported to the city council by the board, and the council shall elect a person to fill such vacancy for the unexp^ term. 1350. Electio- of board of education. — At its first reg-* A Iay, after the election of said boa 1 - as soon -iter as practicable, and an- nua]!- *rd shall elect from its member- aV 3S id< - vice-president. It shall also elect not be a member of the board, and may asation. The vice-president shall perform i of the president only when the president may be absent from the city or unable to perform his duties. he board may fill any vacancy occurring from any cause in any of the offices mentioned in this section. *N te. — In those cities and towns where the commission form of government has been adopted, the board of education is elected by the members of the boards of commissioners. With this exception, sections 1348-1358 will still apply. 5SC 130 PUBLIC SCHOOL LAWS OF ALABAMA 1351. School property; how held. — All property, real and personal and mixed, now held or hereafter acquired for school purposes, shall be held in trust for the use of the public schools of the city or town, and no sale or pur- chase of real estate shall be made by any other than the city council of such city or town. The board of education shall have full and exclusive power, within the limits of the revenue appropriated for such purpose or accruing to the use of the public schools, to purchase fixtures, fur- niture, apparatus, libraries, fuel, and supplies for the use of the schools and to sell the same, and to make expendi- tures for the maintenance and repair of the school ground, buildings, and other property, to establish and build new schools, when sites have been provided by the city council, and to superintend the erection thereof, to make additions, alterations, and repairs to the buildings and other property devoted to school uses, and to make necessary and proper regulations, contracts, and agree- ments in relation to such matters. All such contracts shall inure to the benefit of the public schools, and any suit at law or in equity, brought upon them, and for the recovery and protection of money and property belonging to and used by the public schools, or for damages, shall be brought by and in the name of the city. 1352. Appropriation for schools. — Each year the board of education shall make an estimate in detail of the amount of money required for the proper support and maintenance of the public schools during the next ensuing scholastic year, which shall be submitted to the city council, and the city council shall make annual ap- propriations for the support and maintenance of the schools that it may deem necessary and proper in view of all other needs of the government of the city and of the expected revenues from taxes and otherwise. Money so appropriated and all money received from the school fund of the State, poll taxes, the sale of school property, the sale of bonds for school purposes, and from any other source whatever for school purposes, shall be held by the treasurer of the city as a special fund or funds for school purposes, and it shall be paid out by him on warrant PUBLIC SCHOOL LAWS OF ALABAMA 131 drawn by the clerk of the board and countersigned by the president, or vice-president, when acting as president of the board of education, and by the clerk of the city, and not otherwise, and no warrant shall be drawn unless in pursuance of a resolution of the board of education en- tered upon its minutes. 1353. School; control of. — The board of education shall have full control of the public schools of the city or town. It shall have power to establish schools, to dis- continue any school, to consolidate schools, to prescribe courses of study and books to be used, not in conflict with the general laws in reference to text-books, to divide the city into school divisions as circumstances may require, to employ teachers and a superintendent of schools and necessary employees and to fix their salaries and wages, to establish and maintain high schools and prescribe rules for the expulsion of pupils, to expel any pupil guilty of gross disobedience, or willful misconduct, to dismiss any superintendent, teacher, or employee, when in its opinion the interests of the school require it, and generally to have and exercise all rights, powers, and authority re- quired for the management of a system of public schools. It shall be the duty of the board of education to examine, or cause to be examined, all persons, at times and places fixed by it, offering as candidates for teacher's places, and when found qualified to give them certificates of quali- fication gratuitously, to grant diplomas without charge to graduates of the high schools, to visit all schools as often as once a month, to establish and uniformly enforce proper rules and regulations, to inquire into the perform- ance of their duties by the teachers and superintendent, and into the progress of the pupils, and to prepare and submit to the city council an annual report showing the operation of the schools for the past scholastic year, and suggesting their needs for the future. 1354. Superintendent of schools. — It shall be the duty of the board of education to elect a superintendent of schools, fix his term of office and salary, and prescribe his powers and duties. The superintendent shall be required 132 PUBLIC SCHOOL LAWS OF ALABAMA to give bond for the faithful performance of his duties, which shall be payable to said city, in a sum to be fixed by the board, not less than three thousand dollars, with surety or sureties to be approved by the president of the board, the bond to be filed with the clerk of the city or town. The superintendent may be elected clerk of the board of education, and if so elected his bond shall stand as security for the faithful performance of his duties as clerk, as well as superintendent, however conditioned. It shall be the duty of the clerk of the board of education to keep full and correct detail account of all money re- ceived and expended. The superintendent shall attend to the taking of the school census, which shall be taken in the months of April of each odd year, and it shall be his duty to make complete, and accurate reports of the same to the superintendent of education of the State. 1355.* Board of education of towns having over one thousand and less than six thousand inhabitants. — Towns having a population of more than one thousand and cities having a population of less than six thousand shall have a board of education to consist of five members, which shall be elected by the council at its first meeting in April, 1909, or as soon thereafter as may be practicable, and every two years thereafter. The members of said board shall be qualified electors and shall serve without com- pensation. As soon after the election as practicable, said board shall organize by electing one of their number president, and shall also elect one of their number secre- tary of said board. And said board shall have all the powers and be vested with all the authority in relation to public school as boards of education in cities of six thousand or more population. In towns of one thousand population or less the man- agement and control of the public schools therein shall be vested in a board of education to consist of five mem- bers, who shall have all the powers and be vested with all *Note. — In those cities and towns where the commission form of government has been adopted, the board of education is elected by the members of the board of commissioners. With this exception, sections 1348-1358 will still apply. PUBLIC SCHOOL LAWS OF ALABAMA 188 the authority in relation to such public schools as boards of education in cities. Said board of education shall be elected by the qualified electors of the town at the first regular municipal election held under the provisions of this chapter and biennially thereafter. 1356.* School districts. — Each incorporated city, or town, as a special school district, or embraced therein, shall receive its proportionate share of the public school revenue to be paid over by the State superintendent of education direct to the city superintendent of schools and by him paid over to the treasurer. 1357. Municipalities exempt from school law. — The provisions of this chapter relative to public school sys- tems, except as to issue of bonds for the purchase of sites and the erection of public schoolhouses, or either, shall not apply to cities and towns in counties now having by law a combined city and county school system, operated under a single board of education, or where the members of the board hold office for life; but any city may issue bonds to procure money to purchase sites and erect public schoolhouses or either, and in all cases whenever any city or town in this State shall authorize an issue of bonds as provided by this chapter for the purpose of purchasing or constructing public schoolhouses and buildings, the pro- ceeds arising from the sale of bonds authorized to be issued by this chapter, shall be turned over to the board of education, or other board acting as such by whatever name called, having control of the public schools in said city or town, to be applied to the payment of the costs of the improvement in said city or town including pur- chase price of suitable site therefor, as designated in the ordinance providing for the issue of the said bonds ; and shall be administered under the direction of the said board of education or other board acting as such, and such board shall have full power of administration in and about the management and control of the said school or schools thus constructed, as part of the system under their admin- ♦Declared inoperative by a ruling of the Attorney General. 134 PUBLIC SCHOOL LAWS OF ALABAMA istration and control. Where, by any provision of laws, any certain or definite percentage or taxes, either or both, is required to be used for the maintenance of the public schools, then such provision shall be unaffected by this chapter and shall be and remain in full force and effect. 1358. Libro/rieiS. — Cities and towns shall have the right to establish and maintain or aid in establishing and maintaining public libraries, either separately or in con- nection with the public schools. CHILD LABOR LAW. No. 169.) AN ACT (H. 208. To regulate the employment of minor children within the State of Alabama; to prohibit the employment of minors under certain conditions; to provide for the in- spection and regulation of establishments, occupations, places and premises where minors are employed; to en- trust the enforcement of the provisions of this act to the State prison inspector; to punish violations of this act; and to repeal acts in conflict with the provisions hereof. Be it enacted by the Legislature of Alabama: Section 1. That on and after September first, 1915, no child under thirteen years of age, and on and after September first, 1916, no child under fourteen years of age shall be employed, permitted or suffered to work or be employed in any gainful occupation, except agri- culture or domestic service : Provided, - however, that boys twelve years of age and over may be employed in business offices and mercantile establishments in cities or towns under twenty-five thousand population, accord- ing to the latest federal census, during such time as the public schools in the city or town in which the child resides are not in session. Sec. 2. No child under sixteen years of age shall be employed, permitted, or suffered to work in any gainful occupation except agriculture, or domestic service for more than six days in any one week, or more than sixty PUBLIC SCHOOL LAWS OF ALABAMA 135 hours in any one week, or more than eleven hours in any one day, or before the hour of six o'clock in the morning, or after the hour of six o'clock in the evening. The pres- ence of any child under sixteen years of age in any mill, factory or workshop, laundry or mechanical establish- ment shall be prima facie evidence of its employment therein. Sec. 3. It shall be the duty of every employer to post and keep posted in a conspicuous place in every room where any boy under the age of sixteen years or any girl under the age of eighteen years is employed, permitted or suffered to work, a printed notice stating the maximum number of hours such person may be required or be per- mitted to work on each day of the week, the hours of com- mencing and stopping work, and the hours allowed for dinner or for other meals. The printed form of such notice shall be furnished by the inspector hereinafter named, and the employment of any minor for a longer time in any day than so stated, or at any time other than as stated in said printed form of notice shall be deemed a violation of the provisions of this act. Sec. 4. No person under the age of eighteen years shall in any city of twenty-five thousand population, or more, according to the latest federal census, be employed, per- mitted or suffered to work as a messenger for any person, firm or corporation engaged in the business of telegraph, telephone or messenger service, in the distribution, trans- mission or delivery of goods or messages after the hour of nine o'clock in the evening or before the hour of five o'clock in the morning of any day, and in any city or town under twenty-five thousand population no person under the age of eighteen years shall be employed, per- mitted or suffered to work as a messenger for any per- son, firm or corporation engaged in such service, in the distribution, transmission or delivery of goods or mes- sages after ten o'clock in the evening, or before five o'clock in the morning of any day ; and no person under twenty- one years of age shall be employed in any establishment where intoxicating liquors are manufactured or sold. Sec. 5. No child under the age of sixteen years shall be employed, permitted or suffered to work at any of the 136 PUBLIC SCHOOL LAWS OF ALABAMA following occupations or in any of the following posi- tions: (1) operating or assisting in operating any of the following machines : (a) circular or band saws ; (b) wood shapers; (c) wood jointers; (d) planers; (e) sand paper or wood polishing machinery ; (f ) wood turn- ing or boring machinery; (g) machines used in picking wool, cotton, hair, or any other material; (h) job or cylin- der printing presses; (i) boring or drilling presses; (j) stamping machine used in sheet metal or tinware, or in paper or leather manufacturing, or in washer or nut factories; (k) metal or paper cutting machines; (1) cor- ner staying machines; (m) steam boilers; (n) dough brakes or cracker machinery of any description; (o) wire or iron straightening or drawing machinery; (p) rolling mill machinery; (q) power punches or shears; (r) washing, grinding or mixing machinery ; (s) launder- ing machinery; (2) or in proximity to any hazardous or unguarded gearing; (3) or upon any railroad, whether steam, electric or hydraulic; (4) or upon any vessel or boat engaged in navigation or commerce within the juris- diction of this State. Sec. 6. No child under the age of sixteen years shall be employed, permitted or suffered to work in any capac- ity — (1) in, about or in connection with any processes in which dangerous or poisonous acids are used: (2) nor in the manufacture or packing of paints, colors, white or red lead; (3) nor in soldering; (4) nor in occupations causing dust in injurious quantities ; (5) nor in the manu- facture or use of dangerous or poisonous dyes; (6) nor in the manufacture or preparation of compositions with dangerous or poisonous gases; (7) nor in the manufac- ture or use of compositions of lye in which the quantity thereof is injurious to health; (8) nor on scaffolding; (9) nor in heavy work in the building trades; (10) nor in any tunnel or excavation ; (11) nor in, about or in con- nection with any mine, coal breaker, coke-oven or quarry ; (12) nor in assorting, manufacturing or packing tobac- co; (13) nor shall any child under the age of sixteen years be employed upon the stage of any theatre or concert hall, or in any connection with any theatrical performance or other exhibition or show. PUBLIC SCHOOL LAWS OF ALABAMA 137 Sec. 7. It shall be unlawful for any firm, person, or cor- poration to employ, permit or suffer any child under six- teen years of age to work in any gainful occupation, except agriculture or domestic service, unless such person, firm or corporation keeps on file for the inspection of the officials charged with the enforcement of this act, an employment certificate, as hereinafter prescribed, for every such child and unless such person, firm or corpora- tion, keeps on file for the inspection of the officials charged with the enforcement of this act, a complete list of all such children employed therein, provided, however, that in the cities or towns under twenty-five thousand popula- tion boys between the ages of twelve and fourteen years shall not be required to have such certificate for employ- ment in business offices and mercantile establishments during such time as the public schools are not in session. The inspector charged with the enforcement of this act may make written demands on any employer in whose es- tablishment a child apparently under sixteen years of age is employed or permitted or suffered to work, and whose employment certificate is not filed as required by this act, that such employer shall furnish him within ten days evidence satisfactory to him that such child is in fact sixteen years of age or over, or shall cease to employ or permit or suffer such child to work therein. Such official may require from such employer the same evidence of age of such child as is required for the issuance of any em- ployment certificate, and the employer furnishing such evidence shall not be required to furnish any further evi- dence of the age of the child. In case such employer shall fail to produce and deliver to such official within ten days after such demand, such evidence of the age therein required of him, and thereafter continue to employ such child or permit or suffer such child to work in such estab- lishment, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence in any prosecution that such child is under sixteen years of age, and is unlawfully employed. Sec. 8. No child under sixteen years of age shall be employed or be permitted to work or be detained in or about any mill, factory or manufacturing establishment 138 PUBLIC SCHOOL LAWS OF ALABAMA in this State, unless such child shall attend school for eight weeks in every year of employment, six weeks of which shall be consecutive. Sec. 9. It shall be the duty of the superintendent or principal of schools in cities or towns to issue the employ- ment certificates mentioned in the foregoing section, or to authorize a person in writing to issue such certificates, acting in his name. Where there is no superintendent or principal of schools, said certificates shall be issued by the county superintendent of education or by person au- thorized by him in writing. Sec. 10. The person authorized to issue employment certificates shall not issue such certificates unless the child in question, accompanied by its parents or guardian, or person standing in parental relation thereto, has per- sonally made application to him therefor, and until he has received, examined, approved and filed the following papers duly executed: (1) A school record signed by the principal or teacher of the school last attended by said child, stating that such child has attended school for at least sixty days of the year immediately preceding the date on which the certificate is issued, and stating also the age and date of birth of said child, as shown on the records of the school, and the name and address of the parent, guardian or custodian; provided, that such evi- dence of school attendance outside of the State of Ala- bama, may be accepted at the discretion of the officer issuing these certificates; (2) one of the following evi- dences of age, showing the child to be fourteen years of age or over or if before September 1st, 1916, thirteen years of age or over, to be required in the order herein designated: (a) A duly attested transcript of the birth record of said child, filed according to law, with any officer charged with the duty of recording births, (b) or, a passport or duly attested transcript of a certificate of baptism showing the date of birth and place of baptism of such child, (c) or, in case the officer authorized to issue such certificate is satisfied that none of the above proofs of age can be produced, other evidence of the age, such as the affidavit of the parent, guardian or custodian of such child, as shall convince such officer that the child PUBLIC SCHOOL LAWS OF ALABAMA 139 is fourteen years of age, or over, or if before September 1st, 1916, thirteen years of age or over. The superin- tendent of schools in any city, town or district, wherever there is one, and where there is none, the county superin- tendent of education, shall between the first and tenth days of each month, transmit to the office of the State inspector hereinafter mentioned, a report, which report shall give the name of each child to whom a certificate has been granted, or denied during the preceding month, to- gether with the ground of such denial. A refusal or failure to transmit such report by any person charged under this section with the duty of transmitting the same to such State official, shall constitute a misdemeanor, punishable by a fine of not more than twenty-five dollars nor less than five. Sec. 11. Such certificate shall state the full name, place and date of birth of such child with the name and address of the parent, guardian, or persons sustaining the par- ental relationship to such child, and shall contain a state- ment signed by the issuing officer that the child has per- sonally appeared before him and that satisfactory evi- dence has been submitted that said child is fourteen years of age or over or if before September 1st, 1916, thirteen years of age or over. The printed form of the certificate, and other papers required in the issuing of employment certificates, shall be drafted by the State inspector, here- inafter mentioned, and furnished by him to the local and county superintendents of education. Sec. 12. On the termination of the employment of a child under the age of sixteen years, the employment certificate shall be returned by the employer holding the same, to the child to whom it is issued, or if the certifi- cate of such child is not claimed by such child within ten days after the termination of its employment, it shall be returned by the employer to the school authority by whom it was issued. Sec. 13. No boy under twelve years of age, and no girl under eighteen years of age, in any city of twenty-five thousand population, or more, according to the latest federal census, shall distribute, sell, expose, or offer for sale, newspapers, magazines, periodicals, hand-bills or 140 PUBLIC SCHOOL LAWS OF ALABAMA circulars, or be employed or permitted, or suffered to work in any other trade, or occupation performed in any street or public place; provided, however, that boys ten years of age or over may engage in the distribution of newspapers and periodicals on fixed routes in the resi- dent districts of such cities. No boy under sixteen years of age shall engage in any such street occupation in any city of twenty-five thousand or more population, accord- ing to the last federal census, after eight o'clock at night, or before five o'clock in the morning of any day ; or unless he has secured and wears in plain sight a badge as herein provided ; or unless he is a regular school attendant. Such badge shall be provided and issued by the superintendent of schools or some person designated by him in writing, and shall be granted only after the child has applied to him personally, accompanied in person by his parent, guardian or custodian, and has submitted satisfactory proof that he is twelve years of age or over; or if en- gaged only in distributing papers or periodicals on fixed routes in the resident districts, ten years of age or over and that he is a regular attendant. Such badge shall be renewed annually on the first day of January and shall not be transferable, and the form, design or color shall be changed annually. A deposit of not more than fifty cents may be required by the person issuing same, to be returned upon the surrender of the badge, and if lost, the badge may be replaced upon the payment of twenty- five cents. Any child who shall engage in any such street occupation, in violation of the provision of this section, shall be deemed delinquent and brought before any court or magistrate having jurisdiction over juvenile delin- quents, and shall be dealt with according to law. Use of a badge may be revoked or suspended by said court or its authorized representatives upon such violation, or in case the child's school record is not satisfactory to the prin- cipal of the school which he attends. Any person who sells, or offers for sale any article of any description to a boy under sixteen years of age to be used for the purpose of sale or barter upon the streets, or in any public place, shall first ascertain that such boy wears his own badge in plain sight, as herein provided, and if said boy has no PUBLIC SCHOOL LAWS OF ALABAMA 141 badge no article shall be sold to him. Any person violat- ing this provision shall be fined not less than one, and not more than fifty dollars. The police officers and other peace officers shall enforce the provisions of this section. Sec. 14. It shall be the duty of the State prison inspec- tor and his authorized assistants to inspect as frequently as possible, all establishments, wherein minors subject to the provisions of this act are, or may be, employed or permitted to work and to enforce the provisions of this act. For the purpose of administering this act, and any other laws relating to the employment of minors, the State prison inspector may be designated the State fac- tory inspector; and his deputy inspectors may, in the performance of their duties, in enforcing the provisions of this act, be known as deputy factory inspectors. It shall be the duty of the inspectors to institute prosecution for the violation of any of the provisions of this act. The solicitor of each county is charged with the duty of prose- cuting all violations of this act. Sec. 15. Every person, firm or corporation, owning or controlling any establishment wherein minors are em- ployed, subject to the provisions of this act, shall keep such establishment in sanitary condition, and properly ventilated, and shall provide suitable and convenient wa- ter closets, or privies, separate for each sex, and in such number and located in such place or places, as may be required by the inspector ; and when twenty or more per- sons are employed, sanitary drinking fountains shall be provided in such number as the inspector may deem necessary. All water closets shall be maintained inside such establishments except where, in the opinion of the inspector, it is impracticable. In all such establishments, there shall be separate compartments for females, to be used by them exclusively, and notice to that effect shall be painted on the outside of such compartment. The entrance to every water closet or privy, in such establish- ment, shall be effectively screened by a partition or vesti- bule. In every such establishment a printed copy of this act shall be kept conspicuously posted in every room in which minor persons work. It shall be the duty of the inspector to inspect thoroughly every such establishment,. 142 PUBLIC SCHOOL LAWS OF ALABAMA to issue a written order for the correction of unsanitary or unhealthful conditions in such establishment, and to compel compliance with such order as herein provided. Sec. 16. The inspector shall have free access at any- time to any establishment where minors are, or may be employer or detained, and any person who refuses to allow the inspector to have free access to any such estab- lishment and every part thereof; or who hinders or ob- structs him in his inspection, or who makes any false statement to the inspector about the establishment, its operation or condition, or about any person working or detained therein, or who refuses to comply with any order issued under authority of section 15 of this act, shall be guilty of a misdemeanor, and shall be fined not less than fifty nor more than one hundred dollars, and on subse- quent conviction shall be fined not less than two hundred dollars. It shall be the duty of the inspector to remove from any establishment any child found employed, work- ing or detained therein contrary to law, and to remove therefrom any child who is afflicted with any infectious, contagious, or communicable disease. Sec. 17. Any person, firm or corporation who violates any of the provisions of this act, or who permits any child to be employed or to work in or about, or be detained in, or to be in or about any establishment, contrary to law, or who fails or refuses to obey within a reasonable time, any lawful orders or directions given by the State official charged with the enforcement of this act, unless a specified penalty is herein otherwise provided, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, and upon second or subsequent conviction of any violation of any of the provisions of this act, shall be punished by a fine of not less than one hun- dred dollars, nor more than five hundred dollars. Sec. 18. Any person who makes a false affidavit when an affidavit is required under this act is guilty of a mis- demeanor and shall, upon conviction, be punished by a fine of not less than five dollars nor more than twenty dollars, and for a .second or subsequent conviction shall be imprisoned not more than ninety days. PUBLIC SCHOOL LAWS OF ALABAMA 143 Sec. 19. The State prison inspector and his deputies, when traveling in the performance of their duties herein prescribed, shall be reimbursed their actual traveling expenses, when approved by the State prison inspector and by the governor to be paid on the warrant of the State auditor. Sec. 20. The word "inspector" is used herein to desig- nate or mean, the State prison inspector or his duly au- thorized deputies, such deputies being hereby clothed with the same duties and authority with which the State prison inspector is now or may hereafter be clothed. In the enforcement of the provisions of this act, the State prison inspector and his authorized deputies are hereby vested with the same authority as deputy sheriffs in each and every county in the State. Sec. 21. All laws and parts of laws in conflict with this act are hereby repealed. Sec. 22. If any section of this act shall be held uncon- stitutional, in whole or in part, the fact shall not effect any other section of this act, it being the intention of the Legislature in enacting this act to enact each section separately. Approved February 24, 1915. No. 65.) AN ACT (H. 55. To provide for the filling of any vacant office, of the State, or any county, or any municipality, when there is no provision of law for filling such vacancy. Be it enacted by the Legislature of Alabama: 1. That when any office of the State, of any county, or municipality thereof, is vacant from death, resignation, removal from municipality, county, or State, or because the former incumbent absconds, or because an incumbent has been removed for ineligibility or when the office is vacant from any other cause, and there is no way pro- vided by law for the filling of such vacant office, the governor is hereby empowered and required to appoint a qualified person to fill the unexpired term of such office. Approved August 25, 1909. 144 PUBLIC SCHOOL LAWS OF ALABAMA No. 15.) AN ACT (H. 141. To require the board of revenue and road commission- ers of Mobile county annually to levy a special tax of one-fifth of one per centum upon each one hundred dol- lars of all property assessed for taxation in said county, in addition to the special taxes now levied therein, for the support of the public schools of said county. Section 1. Be it enacted by the Legislature of Alabama, That the board of revenue and road commissioners of Mobile county be required annually to levy a special tax of one-fifth of one per centum upon each one hundred dollars of all property assessed for taxation in said coun- ty, in addition to the special taxes now levied therein, for the support of the public schools of said county. Sec. 2. Said taxes shall be paid over to the board of school commissioners of Mobile county by the tax collector of Mobile county as rapidly as the same is by him col- lected. Sec. 3. Said board of revenue and road commissioners shall within fifteen days after the day of approval of this act, at a special meeting thereof to be called for that pur- pose, or at any lawful meeting held within that period, levy said tax for the tax year of 1909 upon the property now assessed or to be assessed for that year in said county. Approved August 9th, 1909. No. 40.) AN ACT ' (H. 60. To educate the children of Alabama on the evil of intemperance. Be it enacted by the Legislature of Alabama: 1. That it shall be the duty of the State superintendent of education of the State of Alabama to have prepared and furnished to the teachers in the public schools placards printed in large type upon which shall be set forth in attractive style statistics, epigrams and mottoes showing the evils of intemperance especially from the use of intoxi- cating liquors. PUBLIC SCHOOL LAWS OF ALABAMA 145 2. That it shall be the duty of the said State superin- tendent of Education to make changes in the matter printed on the said placards from time to time as he may deem proper and that he shall at all times keep the public schools of Alabama provided with a sufficient number of said placards to post one of them in every school room of Alabama. 3. That the expenses of printing and expressing the said placards shall be paid out of the State treasury on an account made out by the said State superintendent of Education and approved by the governor and the auditor shall draw his warrant for the same. 4. That it shall be the duty of every public school teacher in the State to keep one of the said placards posted in a conspicuous place in the school room occupied by such teacher. 5. That it shall be the duty of the county superin- tendent of education and the district trustees to assist in the carrying out of the provisions of this act. 6. That there shall be one day in each scholastic term of the public schools set apart to be known as Temper- ance Day when a suitable program shall be prepared to the end that the children of Alabama may be taught the evils of intemperance. Approved August 19th, 1909. No. 246.) AN ACT (H. 301. To regulate and provide for the location of public schools in school districts in which are located a manufac- turing plant or manufacturing plants, employing fifty or more children within the school age, who are subject to the child labor law. Be it enacted by the Legislature of Alabama: Section 1. That it shall be the duty of any county board of education or the board of education of any town or city in which there is located one or more manufacturing plants employing fifty or more children within the school age, who are required by the child labor law to attend 146 PUBLIC SCHOOL LAWS OF ALABAMA school for any certain length of time during the year, to locate, or cause to be located, a public school for the ac- commodation of the children within the school age em- ployed by such manufacturing plant, or plants, and to apportion to the said schools so located such proportion of the school funds of said district as may be necessary to run the school or schools as nearly as practicable the same length of time as the other school or schools of the district are run; provided further, in incorporated cities or towns in which two or more schools are maintained that one or more of said schools may be designated by the proper school authorities as the school for the accom- modation of the children within school age employed in such plant or plants. Sec. 2. All laws and parts of laws in conflict with the provisions of this act be and the same are hereby re- pealed. Approved April 6, 1911. No. 345.) AN ACT (S. 222. To provide for the establishment of libraries in the rural town and village schools of Alabama, to make an appropriation therefor, to provide for their maintenance and for their improvement, to authorize the commis- sioners' court or the board of revenue of the several coun- ties to make an appropriation for the establishment and support of said libraries, and to provide rules and regula- tions under which said libraries shall be established and maintained. Be it enacted by the Legislature of Alabama: Section 1. That the sum of one hundred dollars ($100.00) for each county, in all sixty-seven hundred dol- lars ($6,700.00) be and the same is hereby appropriated annually out of any moneys not otherwise appropriated for the purpose of establishing and maintaining libraries in the public schools of Alabama; provided, that the provisions of this act shall not apply to any school located in a town or city of more than one thousand inhabitants. PUBLIC SCHOOL LAWS OF ALABAMA 147 Sec. 2. That any commissioners' court, or board of revenue, or other similar court in any county of this State be and the same is hereby authorized to appro- priate not less than ten ($10.00) dollars, to each district public school in the county in any one year for the pur- pose of establishing, maintaining, enlarging, or improv- ing public libraries in rural, village, or town schools ; provided, that no appropriation shall be made to any school located in a town of more than one thousand inhab- itants. Sec. 3. That in order to obtain the benefits of the pro- visions of this act, the patrons or friends of any district school shall first raise a sum of not less than ten ($10.00) dollars, and deposit the said amount with the county superintendent of education. He shall within ten days, certify to the commissioners' court or other similar court or board of the said county, the fact of the said deposit, and request action thereon. Thereupon the said court or board shall at once, or at the first term following the receipt of the notice, consider the application, and shall either dismiss the same or make an appropriation of not less than ten ($10.00) dollars. If the appropriation shall be made, the probate judge or other presiding officer of the court or board shall on the same date certify the fact to the county superintendent of education, who shall im- mediately thereafter, transmit the same to the State su- perintendent of education. On receipt of notice the State superintendent shall make a requisition upon the State auditor for the sum of ten ($10.00) dollars, in order to meet such donation and appropriation. The said war- rant shall be drawn in favor of the county treasurer of school funds, to whom shall also be at once paid over by the county superintendent of education the amount first collected by voluntary subscription, and the sum appro- priated by the county. An account of said sums so re- ceived shall be kept separate; and they shall be paid out by him as hereinafter directed. Sec. 4. That the State superintendent of education, with the assistance of the director of the department of archives and history, shall compile and publish a carefully selected and annotated list of books from which the 148 PUBLIC SCHOOL LAWS OF ALABAMA libraries herein provided shall be chosen, and they shall also adopt and publish rules and regulations for the choice of books, their uses, preservation and circulation, the erection of book shelves or book cases, and the equip- ment of library rooms or buildings, and the training of librarians or custodians for the libraries. The selection shall be as nearly as possible representative of the whole field of literature, and maximum prices for purchase shall be indicated . Sec. 5. That the local board of trustees of the district in which the school is located, and to which a library is granted, shall constitute a library board charged with the administration of the library as other school property, and they are hereby charged with the same care and attention in connection therewith as of the school grounds, the school building or buildings, and the school equipment. They shall select the librarian or custodian, who shall be the teacher, if he or she will consent to act, and they shall see that the rules prescribed herein are carried out, but if the librarian is other than the teacher, such person shall be under the direction of the teacher as the repre- sentative of the district board of trustees. They shall provide a suitable book-case, or book-cases, with lock and key, for the preservation of the library. Sec. 6. That the selection and purchase of the books from the authorized list shall be made by the district board of trustees, upon the recommendation of the teacher or of any patron or friend of the school. After the order therefor shall be placed, on receipt of notice of the deliv- ery of the books, the county treasurer of school funds shall draw a warrant or check to cover the charges, in- cluding the freight. Vouchers or bills in duplicate shall be made out, one copy for the county treasurer of school funds, and one copy to be sent by the bookseller or dealer to the State superintendent of education. Sec. 7. That all unexpended balances on the first day of October each year shall be reapportioned equally among" all the counties of the State. Sec. 8. That no person charged with any duties here- under shall receive any compensation or commission for his or her services. PUBLIC SCHOOL LAWS OF ALABAMA 149 Sec. 9. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Provided this act shall take effect when in the opinion of the governor the condition of the State treas- ury will justify the appropriation herein provided for. Approved April 13th, 1911. No. 673.) AN ACT (H. 1554. To provide for the holding of teachers' institutes in this State, to authorize the employment of institute conduc- tors, and to make necessary appropriations for the same. Be it enacted by the Legislature of Alabama: 1. That the sum of $6,500 be appropriated annually out of the general educational fund for the purpose of defraying the expenses of holding and conducting insti- tutes for the teachers of this State. 2. That a teachers' institute shall be held each year in the several counties of the State or such groups of coun- ties as the State superintendent of education may desig- nate. The time for holding the institutes shall be fixed by the State superintendent of education after consulta- tions with the county boards of education concerned. 3. That for the purpose of conducting these institutes, the State superintendent of education is authorized to employ persons of recognized ability to conduct the same under his direction, and to pay the persons so employed such salaries and expenses as may be required and as the funds will permit. 4. That it is hereby made the duty of teachers to at- tend an institute for four full days in each scholastic year, and no teacher shall be employed in any elementary or high school supported in whole or in part from public funds, unless such teacher shall file with the board of education of the county or the incorporated city or town, as the case may be, a certificate showing that such teacher has attended a county institute for four full days within twelve months next preceding the date such teacher is to begin work under his contract, or that such teacher has 150 PUBLIC SCHOOL LAWS OF ALABAMA attended an institution of higher learning and pursued a course of professional study for at least three weeks dur- ing the scholastic year in which the institute is held; provided that the State superintendent of education shall have power to excuse teachers from institute attendance for extraordinary reasons, and to this end he shall make rules and regulations governing the same; provided further, that the signed statement of the State superin- tendent of education that any teacher is excused by him shall be accepted in lieu of the certificate of institute attendance required in this section. 5. That the county board of education and the boards of education of all incorporated cities and towns shall cause all the schools under their control for any race for which a teachers' institute is being held in a county or in a group of counties, to be suspended during the time of the holding of such institute, and the contract of any teacher who fails to attend an institute so held shall there- by be voided with the county superintendent of education a written statement that he has excused for good and sufficient reasons, the teacher failing to attend said insti- tute. The conductor of any institute shall issue a certifi- cate of attendance to each teacher attending the sessions of the institute, and shall make in duplicate a list of all teachers present at the institute for the required time and of those excused by him, and he shall file a copy of said list with the county superintendent of education and shall send the original to the State superintendent of education. 6. That each teacher attending an institute shall pay to the county superintendent of education a fee of not less than fifty cents and not more than a dollar, which shall be used to supplement the State fund appropriated by this act for the maintenance of teachers' institutes. 7. That the funds appropriated under this act shall be used for the payment of the salaries and expenses of the institute conductors and for such other expenses as may be necessary to make this act of the greatest benefit to the teachers of the State; and the State auditor shall, upon the approval of the State superintendent of educa- tion, issue warrants on the State treasury for said salaries PUBLIC SCHOOL LAWS OF ALABAMA 151 and expenses ; provided that the institute conductor shall be paid as other State officers are paid ; provided further that all unexpended balances remaining to the credit of the institute fund for the year ending September 30, 1915, shall be conveyed into the State treasury, to be drawn out upon the requisition of the State superintend- ent of education in the same manner that the appropria- tion under this act is drawn, and all unexpended balances after the above date at the end of any fiscal year shall remain to the credit of said institute fund, to be expended in any following year. 8. That all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved September 23, 1915. No. 277.) AN ACT (S. 400. To provide for the disposition of the property of edu- cational corporations whose stockholders are unknown or where the amount or number of shares are unknown. Be it enacted by the Legislature of Alabama: 1. That where the charter of any educational corpora- tion organized under the laws of this State, general or special, provides for the issuance of stock and such stock- holders are unknown or where the amount or number^ of shares are unknown the property of such corporation may be disposed of as follows : 2. The acting trustees or directors having peaceable charge of the business and property of said corporation whether legally elected or not may contract to sell or otherwise dispose of the property of such corporation in such manner as they may deem best to carry out the purposes of said corporation which action must be con- curred in by a majority of such acting trustees or direc- tors. 3. That within thirty days after making such contract or agreement such trustees or directors shall cause to be filed in the name of such corporation in the chancery court of the district in which such property or the principal 152 PUBLIC SCHOOL LAWS OF ALABAMA part thereof is situated a petition in writing verified by- affidavit setting forth the purposes of such corporation and that the stockholders are unknown or that the amount or number of shares are unknown and setting out the sale or disposition contemplated and that in the judgment of such trustees or a majority of them such disposition is best to carry out the purposes of such corporation. If any of such stockholders are known such petition shall also set out their names and residence if known. 4. On the filing of such petition the register shall cause publication to be made as to such unknown or non-resi- dent stockholders as provided by law for publication as to non-residents on the filing of bills in chancery and he shall issue a summons to all resident stockholders named in the petition which shall be served as other summons and the same proceedings had as to all the known stock- holders named in the petition as provided for bills in chancery. 5. Within the time allowed for pleading to bills in chancery any known or unknown stockholders may come in and propound his claim and contest such disposition if he deem proper and such petition shall be heard as other bills in chancery and such disposition confirmed or set aside or such disposition made of said property as the equities of the case may require. 6. If such petition is not contested within the time allowed for pleading to bills in chancery the same may be submitted to the chancellor in term time or vacation on affidavits and the character of said corporation or a certified copy thereof and he may render a decree thereon in term time or vacation ratifying such sale or disposition or modifying the same and prescribing such terms and restrictions as he may deem best for carrying out the pur- poses of such corporation and authorizing a conveyance of such property by such trustees or the president and sec- retary of said board which shall convey to the grantee all the title of said corporation or of any stockholders thereof in said property subject to the restrictions contained in such decree or he may refuse to ratify such disposition. 7. If any money is paid under such decree the same shall be paid to the register to be distributed under the PUBLIC SCHOOL LAWS OF ALABAMA 153 orders of the court to the parties entitled thereto on proper proof. 8. Any party contesting such petition may at any time within sixty days after the rendition of such decree pros- ecute an appeal to the Supreme Court as on final decrees on bills in chancery and such appeal may also be taken by such acting trustees or directors in the name of such corporation. 9. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby re- pealed. Approved April 8, 1911. No. 199.) AN ACT (H. 674. To establish a State school for teaching agriculture and domestic economy at Lineville, Alabama, to provide for the management and control thereof, and to make appropriation to support said school. Be it enacted by the Legislature of Alabama, as fol- lows: Section 1. That there is hereby established at Line- ville, Clay county, Alabama, a school for teaching agri- culture and domestic economy to be known as the "North East Alabama Agricultural and Industrial Institute. Sec. 2. The said school shall be under the supervision and direction of a board of control to be composed of the following members : The State superintendent of educa- tion, the commissioner of agriculture and industries, the governor and two men who shall be residents of the con- gressional district wherein said school is located. Said two members shall be appointed by the governor, and shall hold office for four years and until their successors are appointed and qualified. The members of said board of control shall not receive any compensation other than traveling expenses actually incurred in attending meet- ings of said board. Said board shall elect a treasurer for such school, prescribe his compensation, fix his bond, and provide for the approval thereof. 154 PUBLIC SCHOOL LAWS OF ALABAMA Sec. 3. The said board of control shall elect all neces- sary officers, teachers and other employees, fix their com- pensation, time of office and prescribe their duties ; they shall make all necessary rules and regulations for the government and control of said school. The said board of control shall prescribe the course of study for said school but instruction shall be given in the elements of agriculture, including instruction concerning the soil, plant life and animal life of the farm. The course of study shall also include the teaching of manual training, domestic economy and a system of keeping farm accounts and such other kindred subjects as may be prescribed. Sec. 4. The said board of control may provide for the collection of a matriculation fee from each pupil entering said school, which shall not exceed the amount fixed as a matriculation fee for county high schools. Said board shall make all necessary provisions for drawing the funds appropriated for the support of said school and for dis- bursing the same. Sec. 5. For the support of said school there is hereby made an annual and continuing appropriation of three thousand dollars, out of any money in the treasury not otherwise appropriated, and shall be payable quarterly beginning on the first day of October, 1911, and shall be used for no other purpose except the payment of the sal- aries of teachers in said school. Said appropriation shall be drawn on the certificate of the superintendent of edu- cation to the State auditor to draw his warrant in favor of the treasurer of said school, approved by the governor. Sec. 6. The said school shall be open to students of the white race, over the age of seven years residing in Alabama, provided that when students of advanced age attend such school in sufficient number special classes shall be organized for them, and continued for such time as may be necessary. Sec. 7. This act shall not go into effect until a suitable brick building situated on a tract of land of not less than ten acres in area has been provided for said school and the same has been conveyed by deed without cost or expense to the State of Alabama. Said building and land shall be of not less than twenty thousand dollars in PUBLIC SCHOOL LAWS OF ALABAMA 155 value, which valuation shall be determined by the super- intendent of education and his certificate as to such valua- tion shall accompany the deed to the State. Approved March 31, 1911. No. 336.) AN ACT (H. 238. To create and establish a reform school for the train- ing of juvenile negro law-breakers at Mount Meigs, Ala- bama ; to make appropriations for the purpose and accept by donation all such lands and buildings as are needful therefor; to create a board of trustees and to provide for the suitable management of said institution. Be it enacted by the Legislature of Alabama: 1. That there is hereby created and established at Mount Meigs, Montgomery county, Alabama, a reform school for educating and training juvenile negro law- breakers, to be governed and controlled by a board of trustees, composed of the governor, the superintendent of education, and seven other trustees, five of whom may be negro women who are interested in the proper education and training of juvenile negro law-breakers, to be appointed by the governor by and with the advice and consent of the senate. 2. The school shall be a corporation named and called "The Alabama Reform School for Juvenile Negro Law- Breakers" and by that name may require and hold real and personal property, contract and sue, and have all other powers necessary for conducting such an educa- tional institution. 3. The school is established for the proper education and training of juvenile negro law-breakers, as may be lawfully committed to it. The course of instruction in the school shall include a common school education, with a thorough training in agriculture and industries, and giving special attention to moral training so as to make him a self respecting, industrious, good citizen. Pro- vided, that no criminal over the age of 15 years shall be admitted to said institution. 156 PUBLIC SCHOOL LAWS OF ALABAMA 4. The board of trustees accept land and building at Mount Meigs where the reformatory is now located, and known as the "reformatory for negro boys," under the management of the State federation of colored women's clubs, incorporated under the laws of Alabama. The board of trustees shall take charge of the property and school and manage and control it under this act. The term of office of two of the men and two of the women first appointed under this act, shall expire on Monday after the second Tuesday in January, 1913, and their successors shall hold the full term of eight years. The other trustees appointed under this act shall hold office of trustees until Monday after the second Tuesday in January, 1915, and their successors shall hold office for a term of eight years. If any trustee should die, or resign the governor shall appoint a successor to hold for the unexpired term. All trustees for the school shall be appointed by the governor by and with the consent and advice of the senate. 5. The trustees shall have the power to govern and control the school in all things, to prescribe the quali- fications of the officers and teachers, fix their term of office, and elect them to and remove them from office whenever the good of the school requires it. They shall have the power to require of any officer or agent of the school a bond and the power to fix the penalty and pre- scribe the conditions thereof. 6. The authorities of the school shall receive every negro boy who may be committed to it by an order or judgment of any court of record to the State of Alabama, and support, govern and teach the boy until he shall be of the age of eighteen years or legally discharged from the school. 7. The trustees are hereby authorized and empowered to accept a proper deed from the "State Federation of Colored Women's Clubs" a corporation, to the twenty (20) acres of land and all improvements situated thereon and may buy such other lands and buildings in connec- tion with said institution as they may deem proper, hav- ing regard to the healthfulness of the location, its sur- roundings, and accessibility to the railroad; and shall PUBLIC SCHOOL LAWS OF ALABAMA 157 have authority to erect thereupon, any and all buildings, structures or machinery of every kind, suitable and neces- sary for the use and maintenance of the school. Provided, liowever, that before any appropriation hereinafter made, shall be used or available until the execution of a deed in fee simple to the State of Alabama, of the lands and buildings thereon hereinabove defined; which deed shall be to the State of Alabama for the specific purposes named in this act ; and unless such property so deeded is accepted and used by the State of Alabama for such purposes, then the same shall revert to the said "State Federation of Colored Women's Clubs," a corporation. 8. For the support and maintenance of the school there is hereby appropriated the sum of one dollar and seventy- five cents per week for every boy lawfully attending and being instructed in the school, which shall be paid month- ly upon the sworn statement of the president of the school and approved by the governor, out of the State treasury. The expenses for transporting such boy, including the expenses of one guard, shall be paid out of the State treasury upon the sworn statement of the president of the school and approved by the governor. 9. The board of trustees in charge of said school, are hereby given power and authority to make all such rules and regulations as may be needful to the successful opera- tion of said school and for the employment of all such guards as may be necessary in the successful manage- ment and control of said school, and to fix the salaries to be paid such guards and to limit the number thereof, which salaries shall be paid monthly upon the sworn statement of the president of the school and approved by the governor, out of the State treasury. 10. The earnings and all other revenue derived from whatever source, shall be delivered to the board of trus- tees and used by such board for such purposes as such board of trustees may deem proper. Or such earnings may at the discretion of the said board of trustees, be paid in whole or in part, in the State treasury. 11. For the purpose of all land needful and the erection of buildings on any of the land acquired under the pro- visions of this act, there is hereby appropriated out of 158 PUBLIC SCHOOL LAWS OF ALABAMA the State treasury, the sum of $8,000.00 to be paid in quarterly annual installments, upon the certificate of the trustees with the approval of the governor, in pro- viding the necessary buildings, lands and equipments for the school. Approved April 24, 1911. No. 76.) AN ACT (S. 316— Lusk. To further regulate the employment of a land agent, or clerk, in the office of the auditor; to prescribe his duties, fix his compensation, define his powers and duties, and repeal all laws in conflict herewith. Be it enacted by the Legislature of Alabama: 1. That the State auditor shall have charge of all lands which have been sold to the State for taxes unpaid; all "16th section" lands; all school indemnity lands; the salt springs lands reservation ; and all swamp and overflowed lands, and of all papers, documents and records relating thereto, except those which are required by law to be kept in the office of the secretary of State. 2. That to enable the State auditor to discharge effec- tively and with benefit to the public his duties hereunder he shall appoint a land clerk, with the approval of the governor, who has had experience in dealing with public lands and who understands the system of survey and platting of the public lands of the United States, and who shall be paid a salary of one hundred and fifty dol- lars a month, as other clerks in the executive department are paid. This section shall not be so construed as authority for the employment of an additional clerk in the auditor's office to those now employed therein. 3. That whenever in the judgment of the governor, or auditor, it is proper that any land described in this act should be examined or evidence obtained for the pro- tection of any of these lands, the land clerk may be sent to make such examination or to obtain such evidence, and his actual expenses shall be paid, upon his filing with the auditor a statement thereof by items, sworn to. PUBLIC SCHOOL LAWS OF ALABAMA 159 4. That sections 886, 892, 893, 894, 895, 896 and 897 of the Code be and the same are hereby severally re- pealed. Approved June 19, 1915. No. 37.) AN ACT (S. 168. To provide for the creation of a commission for the removal of adult illiteracy in Alabama, to be known as "The Alabama Illiteracy Commission," and to provide for the duties and powers thereof. Be it enacted by the Legislature of Alabama: 1. That there is hereby created a commission to be known as "The Alabama Illiteracy Commission," which shall be composed of five persons, both men and women, including the State superintendent of education, who shall be ex-officio a member thereof. The commissioners shall be appointed by the governor and shall be selected for their fitness, ability and experience in matters of education, and their acquaintance with the conditions of illiteracy in the State of Alabama and its various com- munities. 2. That the members of the commission shall be and are hereby constituted a body corporate with all the powers necessary to carry into effect all the purposes of this act. The commissioners after their appointment and qualification, shall organize by electing from their membership a president and a secretary-treasurer. The secretary-treasurer shall execute a bond to the State of Alabama in a reputable bonding company and in such an amount as the commission may approve, for the faith- ful performance of the duties of his office and for the proper handling and accounting of all properties and monies which may come into his hands by virtue of his office; provided, that the secretary-treasurer may be removed by the commission and a successor appointed by the commission in its discretion. 3. That it shall be the duty of the commission and it shall have the power to make research, collect data, and 160 PUBLIC SCHOOL LAWS OF ALABAMA procure the services of any and all communities of the State looking to the obtaining of a more detailed and definite knowledge as to the true conditions of the State in regard to its adult illiteracy, and report regularly the results of its labors to the governor, and to perform any other act which in its discretion will contribute to the elimination of the State's adult illiteracy by means of the education and enlightenment of illiterate persons in the State of Alabama; and the commission shall expend any funds or use anything of value which it may receive in accordance with such regulations as it may from time to time adopt; provided, however, that any or all funds which may come into the hands of the commission shall be expended in keeping with the general purposes of this act. 4. That the commission shall adopt such rules and regulations as may seem expedient for carrying on its business in a manner which shall seem to it most satis- factory. 5. That the members of this commission shall receive no compensation for their services nor expenses of any kind out of the State treasury, but they shall be reim- bursed out of any funds which may come into the hands of the commission from other sources for the use of the commission for their actual traveling and other necessary expenses incurred in the performance of their duties. Approved February 9, 1915. No. 119.) AN ACT (S. 182. To prohibit the employment of public school teachers of less than seventeen years of age, and to provide for the education of pupils of any school having less than ten pupils. Be it enacted by the Legislature of Alabama: 1. That on and after October 1, 1915, no person shall be employed as a teacher in any public school in the State who is not at least seventeen years of age, and after December 1, 1915, if the attendance in any school PUBLIC SCHOOL LAWS OF ALABAMA 161 shall fall below ten, then the county board of education is authorized to make the best arrangements it can for the education of those children. Approved February 20, 1915. EDUCATION ARTICLE OF THE CONSTITUTION. ARTICLE XIV. EDUCATION. 256. The Legislature shall establish, organize and maintain a liberal system of public schools throughout the State for the benefit of the children thereof between the ages of seven and twenty-one years. The public school fund shall be apportioned to the several counties in pro- portion to the number of school children of school age therein, and shall be so apportioned to the schools in the districts or townships in the county as to provide, as nearly as practicable, school terms of equal duration in such school districts or townships. Separate schools shall be provided for white and colored children, and no child of either race shall be permitted to attend a school of the other race. 257. The principal of all funds arising from the sale or other disposition of lands or other property, which has been or may hereafter be granted or entrusted to this State or given by the United States for educational pur- poses shall be preserved inviolate and undiminished and the income arising therefrom shall be faithfully applied to the specific object of the original grants or appropria- tions. 258. All lands or other property given by individuals, or appropriated by the State for educational purposes, and all estates of deceased persons who die without leav- ing a will or heir shall be faithfully applied to the main- tenance of the public schools. 259. All poll taxes collected in this State shall be ap- plied to the support of the public schools in the respective counties where collected. 6SC 162 PUBLIC SCHOOL LAWS OF ALABAMA 260. The income arising from the sixteenth section trust fund, the surplus revenue fund, until it is called for by the United States government, and the funds enumerated in sections 257 and 258 of this Constitution, together with a special annual tax of thirty cents on each one hundred dollars of taxable property in this State, which the Legislature shall levy, shall be applied to the support and maintenance of the public schools, and it shall be the duty of the Legislature to increase the public school fund from, time to time, as the necessity therefor and the condition of the treasury and the resources of the State may justify; provided, that nothing herein con- tained shall be so construed as to authorize the Legisla- ture to levy in any one year a greater rate of State taxa- tion for all purposes, including schools, than sixty-five cents on each one hundred dollars worth of taxable property ; and provided further, that nothing herein con- tained shall prevent the Legislature from first providing for the payment of the bonded indebtedness of the State and interest thereon out of all the revenues of the State. 261. Not more than four per cent, on all moneys raised, or which may hereafter be appropriated for the support of public schools, shall be used or expended otherwise than for the payment of teachers employed in such schools ; provided, that the Legislature may, by a vote of two-thirds of each house, suspend the operation of this section. 262. The supervision of the public schools shall be vested in a superintendent of education, whose powers, duties and compensation shall be fixed by law. 263. No money raised for the support of the public schools shall be appropriated to or used for the support of any sectarian or denominational school. 264. The State University shall be under the manage- ment and control of a board of trustees which shall con- sist of two members from the congressional district in which the University is located, one from each of the other congressional districts in the State, the superin- tendent of education and the governor who shall be ex- officio president of the board. The members of the board of trustees as now constituted shall hold office until their PUBLIC SCHOOL LAWS OF ALABAMA 163 respective terms expire under existing law, and until their successors shall be elected and confirmed as here- inafter required. Successors to these trustees whose terms expire in nineteen hundred and two shall hold office until nineteen hundred and seven; successors to those trustees whose terms expire in nineteen hundred and four shall hold office until nineteen hundred and eleven; suc- cessors to those trustees whose terms expire in nineteen hundred and six shall hold office until nineteen hundred and fifteen; and thereafter their successors shall hold office for a term of twelve years. When the term of any member of such board shall expire, the remaining mem- bers of the board shall by secret ballot elect his successor ; provided, that any trustee so elected shall hold office from the date of his election, until his confirmation or rejec- tion by the Senate, and, if confirmed, until the expiration of the term for which he was elected, and until his suc- cessor is elected. At every meeting of the Legislature the superintendent of education shall certify to the Senate the names of all who have been so elected since the last session of the Legislature, and the Senate shall confirm or reject them, as it shall determine is for the best inter- est of the University. If it rejects the names of any members, it shall thereupon elect trustees in the stead of those rejected. In case of a vacancy on said board by death or resignation of a member, or from any cause other than the expiration of his term of office, the board shall elect his successor who shall hold office until the next session of the Legislature. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. 265. After the ratification of this Constitution there shall be paid out of the treasury of this State, at the time and in the manner provided by law, the sum of not less than thirty-six thousand dollars per annum as interest on the funds of the University of Alabama, heretofore covered into the treasury, for the maintenance and sup- port of said institution; provided, that the Legislature shall have the power at any time they deem proper for the best interest of said University to abolish the military system at said institution, or reduce the. said system to 164 PUBLIC SCHOOL LAWS OF ALABAMA a department of instruction, and that such action on the part of the Legislature shall not cause any diminution of the amount of the annual interest payable out of the treasury for the support and maintenance of said Uni- versity. 266. The Alabama Polytechnic Institute, formerly called the Agricultural and Mechanical College, shall be under the management and control of a board of trustees which shall consist of two members from the congres- sional district in which the institute is located, and one from each of the other congressional districts in the State, the State superintendent of education, and the governor, who shall be ex-officio president of the board. The trustees shall be appointed by the governor, by and with the advice and consent of the Senate, and shall hold office for a term of twelve years, and until their succes- sors shall be appointed and qualified. The board shall be divided into three classes, as nearly equal as may be, so that one-third may be chosen quadrennially. Vacancies occurring in the office of trustees from death or resigna- tion, and the vacancies regularly occurring in the year nineteen hundred and five, shall be filled by the governor, and such appointee shall hold office until the next meeting of the Legislature. Successors to- those trustees whose terms expire in nineteen hundred and three shall hold office until nineteen hundred and eleven; successors to those whose terms of office expire in nineteen hundred and five shall hold office until nineteen hundred and fifteen; and successors to those whose terms of office expire in nineteen hundred and seven shall hold office until nineteen hundred and nineteen. No trustee shall receive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. 267. The Legislature shall not have power to change the location of the State University, or the Alabama Polytechnic Institute, or the Alabama School for the Deaf and Blind, or the Alabama Girls' Industrial School, as now established by law, except upon a vote of two- thirds of the Legislature taken by yeas and nays and en- tered upon the journals. PUBLIC SCHOOL LAWS OF ALABAMA 165 268. The Legislature shall provide for taking a school census by townships and districts throughout the State not oftener than once in two years, and shall provide for the punishment of all persons or officers making false or fraudulent enumerations and returns; provided, the State superintendent of education may order and super- vise the taking of a new census in any township, district or county, whenever he may have reasonable cause to believe that false or fraudulent returns have been made. 269. The several counties in this State shall have power to levy and collect a special tax not exceeding ten cents on each one hundred dollars of taxable property in such counties, for the support of public schools; provided, that the rate of such tax, the time it is to continue, and the purpose thereof, shall have been first submitted to a vote of the qualified electors of the county, and voted for by three-fifths of those voting at such election; but the rate of such special tax shall not increase the rate of taxation, State and county combined, in any one year, to more than one dollar and twenty-five cents on each one hundred dollars of taxable property ; excluding, however, all special county taxes for public buildings, roads, bridges and the payment of debts existing at the ratification of the Constitution of eighteen hundred and seventy-five. The funds arising from such special school tax shall be so apportioned and paid through the proper school officials to the several schools in the townships and districts in the county that the school terms of the respective schools shall be extended by such supplement as nearly the same length of time as practicable; provided, that this section shall not apply to the cities of Decatur, New Decatur and Cullman. 270. The provisions of this article and of any act of the Legislature passed in pursuance thereof to establish, organize and maintain a system of public schools through- out the State, shall apply to Mobile county only so far as to authorize and require the authorities designated by law to draw the portions of the funds to which said county shall be entitled for school purposes and to make reports to the superintendent of education as may be prescribed by law; and all special incomes and powers of taxation 166 PUBLIC SCHOOL LAWS OF ALABAMA as now authorized by law for the benefit of public schools in said county shall remain undisturbed until otherwise provided by the Legislature; provided, that separate schools for each race shall always be maintained by said school authorities. No. 21.) AN ACT (S. 130. To submit to the qualified electors of the State at the general election to be held in November, 1916, for their consideration an amendment to the Constitution for the purpose of authorizing the several counties of the State and the several districts of any county to levy and col- lect a special tax, not exceeding thirty cents on each one hundred dollars worth of taxable property in such coun- ties and in the several districts of any county, under such regulations as the Legislature may have prescribed or may hereafter prescribe. Be it enacted by the Legislature of Alabama: 1. That the following amendment to the Constitution of Alabama is proposed to be submitted to the qualified electors of the State for their ratification or rejection, at the general election to be held in November, 1916, to-wit: Article XIX, Section 1. The several counties in the State shall have power to levy and collect a special county tax not exceeding thirty cents on each one hundred dollars worth of taxable property in such counties in addition to that now authorized or that may hereafter be author- ized, for public school purposes, and in addition to that now authorized under section 260 of article XIV of the Constitution ; provided, that the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the county, and voted for by a majority of those voting at such election. Section 2. The several school districts of any county in the State shall have power to levy and col- lect a special district tax not exceeding chirty cents on each one hundred dollars worth of taxable property in *This amendment ratified November, 1916. PUBLIC SCHOOL LAWS OF ALABAMA 167 such district for public school purposes ; provided, that a school district under the meaning of this section shall include incorporated cities or towns, or any school district of which an incorporated city or town is a part, or such other school districts now existing or hereafter formed, as may be approved by the county board of education; provided further, that the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to the vote of the qualified electors of the dis- trict and voted for by a majority of those voting at such election; provided further, that no district tax shall be voted or collected except in such counties as are levying and collecting not less than a three-mill special county school tax. Section 3. The funds arising from the special county school tax levied and collected by any county shall be apportioned and expended as the law may direct; and the funds arising from the special school tax levied in any district which votes the same independently of the county shall be expended for the exclusive benefit of the district, as the law may direct. No. 92.) (H. 200— Dickson. AN ACT To provide for the acceptance of the benefits of an act passed by the Senate and House of Representatives of the United States of America, in Congress assembled, to provide for the promotion of vocational education, to pro- vide for the appointment of a State board of vocational education, and to provide for the duties thereof; and to make appropriations for vocational education. Be it enacted by the Legislature of Alabama: 1. That the State of Alabama hereby accepts all of the provisions and benefits of an act passed by the Senate and House of Representatives of the United States of America, in Congress assembled, entitled "An act to pro- vide for the promotion of vocational education ; to provide for co-operation with the states in the promotion of voca- tional education; to provide for co-operation with the 1GS PUBLIC SCHOOL LAWS OF ALABAMA states in the promotion of such education in agriculture and the trades and industries ; to provide for co-operation with the states in the preparation of teachers of voca- tional subjects; and to appropriate money and regulate its expenditure," approved February twenty-third, nine- teen hundred seventeen. 2. That the State treasurer is hereby designated and appointed custodian of all moneys received by the State from the appropriations made by said act of Congress, and he is authorized to receive, and to provide for the proper custody of the same and to make disbursement thereof in the manner provided in the act and for the purpose therein specified. He shall also pay out any moneys appropriated by the State of Alabama for the purpose of carrying out the provisions of this act upon the order of the State board of vocational education. 3. That inasmuch as a bill is now pending in the Legis- lature authorizing the creation of a commission to study the public school system of the State and report its find- ings and recommendations to the Legislature, the State board for vocational education as now constituted shall be continued until the report of said commission, if created, shall have been submitted and action taken, pro- vided that in the event no action shall be taken by the Legislature of 1919 before final adjournment that there is hereby created a State board for vocational education to consist of five members to be appointed by the governor from the State-at-large. The term of office of the mem- bers of the State board for vocational education shall be five years except that in making first appointments the governor shall designate one member whose term of office shall expire September thirtieth, nineteen hundred twenty; one member whose term of office shall expire September thirtieth, nineteen hundred twenty-one; one member whose term of office shall expire September thir- tieth, nineteen hundred twenty-two; one member whose term of office shall expire September thirtieth, nineteen hundred twenty-three, and one member whose term of office shall expire September thirtieth, nineteen hundred twenty-four. Vacancies occurring from death or resig- nation shall be filled by the governor for the unexpired PUBLIC SCHOOL LAWS OF ALABAMA 169 terms. The members of the State board for vocational education shall serve without compensation, provided that they shall receive actual expenses incurred in the discharge of their duties. 4. That the State superintendent of education shall serve as executive officer of the State board for voca- tional education and shall designate, by and with the advice and consent of the State board for vocational edu- cation, such assistants as may be necessary to properly carry out the provisions of this act. The State superin- tendent of education shall also carry into effect such rules and regulations as the State board for vocational educa- tion may adopt and shall prepare such reports concerning the condition of vocational education in the State as the State board for vocational education may require. The State superintendent of education shall maintain an office for the board in the capitol of the State and shall keep all the records of the board in that office. 5. That the State board for vocational education shall have all necessary authority to co-operate with the Fed- eral board for vocational education in the administration of said act of Congress; to administer any legislation pursuant thereto enacted by the State of Alabama, and to administer the funds provided by the Federal govern- ment and the State of Alabama under the provisions of this act, for the promotion of vocational education in agricultural subjects, trade and industrial subjects, and home economics subjects. It shall have full authority to formulate plans for the promotion of vocational education in such subjects as an essential and integral part of the public school system of education in the State of Alabama, and to provide for the preparation of teachers of such subjects. It shall have authority to fix the compensation of such officials and assistants as may be necessary to administer the Federal act and this act for the State of Alabama and to pay such compensation and other neces- sary expenses of administration from funds appropriated in this act. It shall have authority to make studies and investigations relating to vocational education in such subjects ; to promote and aid in the establishment by local communities of schools, departments, or classes giving 170 PUBLIC SCHOOL LAWS OF ALABAMA training in such subjects; to co-operate with local com- munities in the maintenance of such schools, departments, or classes; to prescribe qualifications for the teachers, directors and supervisors of such subjects, and to have full authority to provide for the certification of such teach- ers, directors and supervisors ; to co-operate in the main- tenance of classes supported and controlled by the public for the preparation of teachers, directors and supervisors of such subjects or to maintain such classes under its own direction and control; to establish and determine by general regulations the qualifications to be possessed by persons engaged in the training of vocational teachers. 6. That the State board for vocational education shall hold at least five stated meetings per year as follows : On the first Tuesday of the months of October, December, February, April and July, and at such other times as may be designated by the executive officer of the board or upon the request in writing of a majority of the members of the board. The stated meetings of the board shall be held in the office of the State superintendent of educa- tion. At the first stated meeting in October of each year, the Board shall elect one of its members to serve as chairman. 7. That the board of education of any county or of any incorporated town of 2,000 inhabitants or more may co-operate with the State board for vocational education in the establishment of vocational schools or classes giving instruction in agricultural subjects, in trade or indus- trial subjects or in home economics subjects and may use any moneys raised by public taxation in the same manner as moneys for other school purposes are used for the maintenance and support of public schools. 8. That the State of Alabama shall appropriate a sum of money available for each fiscal year not less than the maximum sum which may be allotted to the State of Ala- bama for the purpose set forth in the said Federal act and that there is hereby appropriated out of any moneys in the treasury not otherwise appropriated for the fiscal year ending September 30, 1919, the sum of twenty-five thousand dollars, this sum being approximately the pro- portionate part of the funds accruing to the State from PUBLIC SCHOOL LAWS OF ALABAMA 171 the time of the passage of this act until the end of the present fiscal year; for the year ending September 30, 1920, the sum of sixty-six thousand dollars; this sum being the estimated amount required to match Federal funds for said year. 9. That the moneys appropriated by section eight of this act shall be used by the State board for vocational education for the promotion of vocational education as provided for in the Federal act and for the purposes set forth in this act. 10. That the State board for vocational education shall make a report annually to the governor setting forth the condition of vocational education in the State of Ala- bama, a list of the schools to which Federal and State aid has been given, and a detailed statement of the expendi- tures of Federal funds and the State funds provided in section eight of this act. 11. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. 12. That this act shall take effect upon its passage and approval by the governor. Approved February 15, 1919. No. 21.) AN ACT (S. 89. To provide for the appointment of a commission to make a study of the public school system of Alabama and to make an appropriation therefor. Be it enacted by the Legislature of Alabama: 1. That the governor shall appoint a commission of five persons, all of whom shall serve without compensation, to make a study of the public educational system of Ala- bama, including all schools and educational institutions supported in whole or in part from public funds, to de- termine the efficiency of the same and to report its find- ings with recommendations for increased efficiency, and economy to the governor on or before July 1, 1919. 2. That the said commission is empowered to employ assistance in the several fields of public education in 172 PUBLIC SCHOOL LAWS OF ALABAMA which the State is engaged and shall supply such clerical help and equipment as shall be necessary. 3. That the said commission and its employees shall have free access to all public records. All public school and educational institutions, teachers, instructors, facul- ties, officers and employees shall furnish all information and assistance in their power in making such a study as is contemplated under this act. The members of said commission and their assistants shall have power to re- quire the production of papers and records and are hereby empowered to administer oaths. In case any person sum- moned by any member of such commission or any assist- ants of such commission shall fail or refuse to obey such process or to testify before such commission or any as- sistants of such commission, the said commission or any assistants of such commission may apply to any court of record of this State to compel obedience and to give testi- mony, and the said courts are hereby empowered to en- force obedience to such process. 4. That said commission shall, in addition to other work specified by this act, direct special attention to the feasibility and advisability of consolidating any of the existing State educational institutions or departments thereof, of eliminating any institution or institutions, and of co-ordinating and unifying the work of any or all insti- tutions under one board of management and control. 5. That there is hereby appropriated out of any money in the treasury not otherwise appropriated the sum of $10,000, or so much thereof as may be necessary for the purpose of defraying the cost of the study herein author- ized, including the personal and traveling expenses of the members of said commission, the salary and expenses of the necessary help and of such other expenses as in the opinion of said commission are necessary for the thorough study of school conditions in Alabama, provided that for the fiscal year beginning October 1, 1919, and for that year only, the legislative appropriation for the public schools as provided by statute shall be reduced in an amount equal to the amount actually expended of the above appropriation of $10,000 as shown by the books in the office of the State auditor ; provided further, that the PUBLIC SCHOOL LAWS OF ALABAMA 173 said fund shall be paid out upon warrants of the State auditor, issued upon requisitions of the State superin- tendent of education and having attached thereto item- ized statements of said expenditures. Approved February 6, 1919. . INDEX Section. Page. 158 AGENT, LAND - AGRICULTURAL SCHOOLS (Note) • ? 3 ALABAMA EDUCATION COMMISSION 171-173 ALABAMA GIRLS TECHNICAL INSTITUTE 1912-32 102-108 Constitution 267 ALABAMA ILLITERACY COMMISSION 159-160 ALABAMA INDUSTRIAL SCHOOL (for boys) 1954-70 115-120 ALABAMA INSTITUTE FOR DEAF AND BLIND (white and colored) 1933-53 108-115 ALABAMA POLYTECHNIC INSTITUTE 1899-1911 98-101 Constitution 266 " 7 ALABAMA, UNIVERSITY OF 1869-89 89-97 Testing laboratory for cement 1893 Summer school 1894-8 Constitution 264-5, 267 AMENDMENT TO CONSTITUTION PROVIDING FOR LOCAL TAX - - 166-167 APPORTIONMENT OF SCHOOL FUND, DIS- BURSEMENT ■ 1760-80 46-51 State auditor certifies amount of educational fund; Superintendent of education appor- tions _ 1760 Contingent expenses and amount for normal schools set apart; residue apportioned 1761 Amount apportioned certified to auditor; no warrants drawn in excess; balance unap- portioned certified to treasurer..... 1762 176 INDEX. Section. Page. Superintendent must certify and report amount of school fund apportioned to the several counties to the county superin- tendent „„ 1763 Interest on trust funds first set apart; effect of apportionment 1764 Apportionment to districts 1765 Report of apportionment by county board 1766 County board to keep record of apportionment..! 767 Apportionment recorded and certified; con- tracts invalid 1768 Poll tax received by each county 1769 Apportioned and certified to auditor. 1770 Apportionment and expenditure of local school money 1776 Apportionment of income from trust fund when township divided 1777 Fund once apportioned, not used otherwise until reapportioned 1778 Income new districts are entitled to 1779 Contingent fund for department of education..! 780 APPROPRIATIONS FOR PUBLIC SCHOOL FUNDS, WHEN ACCRUE 1678 3-4 Placed to credit of educational fund 1679 4-5 BLIND, ALABAMA INSTITUTE FOR DEAF AND (white and colored) ..1933-53 108-115 BOARDS OF EDUCATION, AUTHORIZING WOM- EN TO SERVE ON ...... 15 BOARDS OF EDUCATION, COUNTY 10-14 BOARDS AND OFFICERS OF PUBLIC SCHOOLS...1680 5 BONUS, SPECIAL APPROPRIATION 61-62 BOOK COMMISSION, TEXT, MEMBERS, AP- POINTMENT 1805-50 74-86 (See Textbook Commission, etc.) BOYS, ALABAMA INDUSTRIAL SCHOOL FOR 1954-70 115-120 INDEX. 177 Section. Page. CENSUS OR ENUMERATION OF SCHOOL CHIL- DREN 1717-8 23-25 (See Enumeration or census of school children.) CHILD LABOR LAW 134-143 Act providing for schools 132 CHILDREN AND PUPILS ELIGIBLE TO PUBLIC SCHOOLS _ 1755-7 38 Pupils entitled to instruction 1755 Non-residents entitled to school privileges 1756 Separate schools for the two races 1757 CITY AND TOWN SCHOOLS UNDER MUNICI- PAL GOVERNMENT 1348-58 128-134 (See Municipal Government, etc.) COMMISSION, ALABAMA ILLITERACY 159-160 COMMISSION, TEXTBOOK, MEMBERS, AP- POINTMENT 1805-50 74-86 (See Textbook Commission, etc.) COMPULSORY SCHOOL ATTENDANCE ACT 38-45 CONSTITUTION, EDUCATION ARTICLE OF 256-270 161-166 Census, Legislature to provide for school 268 Children, school age of _ 256 Funds for schools, how apportioned 256 Funds for schools, principal to be kept invio- late 257 Funds for school, interest, how applied 257 Funds for schools, sources of (State) 260 Lands given schools, how applied 258 Location of certain institutions not to be changed, exception 267 Mobile county, how affected by Constitution 270 Moneys, all applied to pay of teachers except four per cent 261 Poll taxes to be applied to school support 259 Polytechnic Institute, control and management 266 Sectarian or denominational schools excluded from public funds 263 178 INDEX. Section. Page, Taxation for schools, special by counties 269 Taxation for schools by State, rate of 260 University of Alabama, control and manage- ment of _ 264 University of Alabama, financial support of 265 Local School Tax Amendment 166-167 COUNTY BOARDS OF EDUCATION, ELECTION POWERS, DUTIES, ACT 129 10-14 COUNTY HIGH SCHOOLS 1861-7 86-87 (See High Schools for counties.) COUNTY SUPERINTENDENT OF EDUCATION 1702-9 20-22 One elected for each county 1702 Term of office; removal _ 1703 Oath of office and bond 1704 Approval and record of bond 1705 New or additional bond 1706 Duties 1707 Failure to make annual reports _ 1708 Books and accounts liable to examination 1709 Vacancies, how filled; term, etc., of appointees...l710 Compensation 1711 And an act further prescribing the powers and duties and fixing the compensation Proceedings for and against (Civil Code) 5940-5 COUNTY TREASURER OF PUBLIC SCHOOL FUNDS, Act creating 17 CRIMINAL PROVISIONS OF PUBLIC SCHOOL LAW .'. _ 35-37 Injuring or defacing public or private property 6413 Disturbing people met for school purposes or holiday 6769 Embezzlement by using school money for other than school purposes 6834 Shooting, throwing, etc., into dwelling and other houses 6897 Stealing examination questions, penalty 7750 Use of other than contract books in public schools 7751 INDEX. 179 Section. Page. Charging more than contract prices for school books 7752 Textbook provisions, violation, penalty 7753 Schoolhouse warrants or proceeds; wrongful application of; penalty 7754 False or fraudulent enumeration, penalty 7755 DEAF AND BLIND, ALABAMA INSTITUTE FOR (white and colored) 1933-53 108-115 Constitution 267 DISPOSITION OF PROPERTY OF EDUCATION- AL CORPORATIONS 151-153 DISTRICT AGRICULTURAL SCHOOLS (Note) 73 EDUCATION ARTICLE OF CONSTITUTION 256-270 161-166 (See Constitution, Education article of.) EDUCATION, AUTHORIZING WOMEN TO SERVE ON BOARDS OF 15 EDUCATION, COUNTY BOARD OF 1712-6 10-14 (See County Board of Education.) EDUCATION, COUNTY SUPERINTENDENT OF 1704-11 19-22 (See County Superintendent of Education.) EDUCATION, STATE SUPERINTENDENT OF 1681-8 20-22 (See Superintendent of Education.) ENUMERATION OR CENSUS OF SCHOOL CHIL- DREN 1717-8 23-25 Census or enumeration 1717 Compensation of enumerators 1717 False or fraudulent enumeration 7755 EXAMINATIONS IN PUBLIC SCHOOLS 1758 46 EXAMINATION OF TEACHERS _ 1719-50 25-34 (See Teachers, qualifications, license, etc.) 180 INDEX. Section. Page. FUND, APPORTIONMENT OF SCHOOL, DIS- BURSEMENT 1760-80 46-51 (See Apportionment of school fund, etc.) FUNDS, COUNTY TREASURER OF PUBLIC SCHOOL, Act creating 17 FUNDS, PUBLIC SCHOOL '. 1678 3-4 GIRLS TECHNICAL INSTITUTE, ALABAMA 1912-32 102-108 Constitution 267 HIGH SCHOOLS FOR COUNTIES 1861-7 86-87 Commission to locate and establish 1861 Sites procured, donations paid quarterly 1862 Controlled by High School Commission and county board of education 1863 Free school and office of trustee not abol- ished ! _ 1864 Qualifications and eligibility of teachers and students 1865 Course of study 1866 Matriculation fee _ 1867 And an act authorizing cities and towns to convey real and personal property to 89 And an act authorizing boards of revenue, etc., to appropriate funds 87 ILLITERACY COMMISSION, ALABAMA 159-160 INDUSTRIAL SCHOOL FOR BOYS, ALABAMA...1954-70 115-120 INCORPORATED CITIES SEPARATE DIS- TRICTS 1693 16 INSTITUTE, ALABAMA GIRLS TECHNICAL 1912-32 102-108 Constitution 267 INSTITUTE, ALABAMA POLYTECHNIC 1899-1911 98-101 Constitution 266-7 INSTITUTE FOR DEAF AND BLIND, ALABAMA (white and colored) 1933-53 108-115 Constitution 267 INDEX. 181 Section. Page. INSTITUTES, TEACHERS' 149^151 INTEMPERANCE, PROVIDING FOR INSTRUC- TION ON THE EVILS OF 144-145 LABOR LAW, CHILD 134-143 Act providing for schools LAND AGENT _ 158 LANDS, SCHOOL, LEASE AND SALE 1781-1804 62-69 (See school lands, lease and sale.) Sale of rural schoolhouse lands 69 LIBRARIES, Act providing- for rural 146-149 LOCAL TAX, AMENDMENT TO CONSTITUTION 166-169 MINES AND MINING, PREPARATORY SCHOOL FOR - _ 1971-4 120-121 MOBILE COUNTY, PROVIDING FOR SPECIAL TAX LEVY 144 MUNICIPAL GOVERNMENT, CITY AND TOWN SCHOOLS UNDER 1348-58 128-134 Schools, regulation of 1348 Board of education _ 1349 Election of officers of board of education 1350 School property 1351 Appropriation 1352 Control _ 1353 Superintendent of schools 1354 Board of education of towns having over one thousand and less than six thousand in- habitants 1355 School districts 1356 Libraries _ 1358 Municipalities exempt from school law 1357 MUNICIPAL CODE, Sec. 1355 amended 14 NORMAL SCHOOLS (Note) - 70 Act creating board of trustees for normal schools 71-73 182 INDEX. Section. Page. NORTHEAST ALABAMA AGRICULTURAL AND INDUSTRIAL INSTITUTE, LINE- VILLE : 153-155 OFFICERS AND BOARD OF PUBLIC SCHOOLS 1680 5 PERIODS, SCHOLASTIC 1759 46 POLYTECHNIC INSTITUTE, ALABAMA 1899-7911 98-101 Constitution 266-7 PROCEEDINGS FOR AND AGAINST COUNTY SUPERINTENDENTS OF EDUCA- TION 5940-5 127-128 Against county superintendent for balance in his hands 5940 Authority to employ counsel 5941 Notice 1 5942 Transcript of superintendent of education evi- dence „.. _ 5943 Time and manner of trial 5944 In favor of teachers for money due them; court and notice; appeal from justice's court 5945 PROPERTY OF EDUCATIONAL CORPORATIONS, DISPOSITION OF :.. 151-153 PUBLIC SCHOOL FUND 1678 3-4 When appropriations accrue; placed to credit of educational fund 1679 PUBLIC SCHOOL FUND, APPORTIONMENT 1760-80 46-51 (See Apportionment school funds, etc.) PUBLIC SCHOOLS, CHILDREN AND PUPILS ELIGIBLE TO 1755-7 38 PUBLIC SCHOOLS, EXAMINATION IN 1758 46 PUBLIC SCHOOLS, OFFICERS AND BOARDS OF _ 1680 5 PUBLIC SCHOOL, SPECIAL TAX FOR 1851-60 52-61 (See Tax for public schools, special, etc.) INDEX. 183 .Section. Page. REDISTRICTING ACT NOT APPLICABLE TO CERTAIN CITIES 16 REFORM SCHOOL FOR JUVENILE NEGRO LAW- BREAKERS, MT. MEIGS 155-158 REFORM SCHOOL FOR WHITE BOYS (See Ala- bama Industrial School) 1954-70 115-120 SALE AND LEASE OF SCHOOL LANDS 1781-1804 62-69 (See School lands, lease and sale.) SALE OF RURAL SCHOOLHOUSE LAND 69 SCHOLASTIC PERIODS 1759 46 SCHOOL CHILDREN, CENSUS OR ENUMERA- TION 1717-8 23-25 (See enumeration or census of school children.) SCHOOLS, COUNTY HIGH 1861-7 86-87 (See High schools for counties.) SCHOOL DISTRICTS NOT AFFECTED BY COUN- TY LINES _ 1694 16 SCHOOL FOR MINES AND MINING, PREPARA- TORY 1971-4 120-121 SCHOOL FUND, PUBLIC 1678 3-4 When appropriations accrue, placed to credit of educational fund 1679 SCHOOL LANDS, LEASE AND SALE 1781-1804 62-69 What are school lands and in whom vested 1781 Sale of school and indemnity lands author- ized 1782 Consent of inhabitants to sale of land 1783 Resale of land _ 1784 Proceeds of sale, how disposed of 1785 Notes taken, placed with attorney general 1786 Manner and terms of sale 1787 Timber lots reserved _ 1788 Timber lots, how used _ 1789 Penalties for injuries to timber .' 1790 184 INDEX. Section. Page. Fines paid into treasury for school fund 1791 Certificate of purchase _ 1792 Effect of certificate of purchase 1793 Revesting of title; clerk to certify, penalty, costs 1794 Fines to go to school fund 1795 Patents 1796 Issue of patent; correction of mistake 1797 Issue of patents in other cases 1798 Collection of past due notes 1799 Agents for collection of notes 1800 Township credited with collection on notes .....1801 Proceeds covered into treasury; State pledged for payment of interest _ 1802 Lease of school and indemnity lands 1803 Board of compromise 1804 SCHOOLS, OFFICERS AND BOARDS OF PUB- LIC _ 1680 5 SCHOOLS IN MANUFACTURING DISTRICTS 145-146 SCHOOLHOUSE, Act amending Article 31, Chapter 41, Code 1907 122-127 SPECIAL TAX FOR PUBLIC SCHOOL, 1 MILL...1851-60 58-61 (See Tax for public schools, special.) SUPERINTENDENT OF EDUCATION, STATE 1681-8 5-10 Term of office, salary.. 1681 Oath of office, bond 1682 Office and books, papers and records 1683 Clerks and their salaries 1684 Duties 1685 Report to governor, contents _ 1686 Report to be printed and distributed 1687 Vacancy filled by governor; term, etc., of ap- pointee - 1688 TAX, AN ACT TO AUTHORIZE 3 MILL COUNTY AND DISTRICT 52-58 INDEX. 185 Section. Page. TAX AMENDMENT TO CONSTITUTION, LOCAL... 166-167 TAX FOR PUBLIC SCHOOLS, ELECTION FOR SPECIAL, 1 MILL 1851-60 51-61 Petition for call for election 1851 Notice and publication 1852 Managers and officers of election 1853 Qualified electors, etc 1854 Ballot, form and manner of voting 1855 Special tax levied and assessed 1856 Time tax continues 1857 How collected and disbursed 1858 Time of election and costs 1859 Compensation of tax collector, assessor, and county superintendent ■.■ I860 Instruction for disbursing (Note) 18 TEACHERS' INSTITUTES 149-151 TEACHERS' QUALIFICATIONS, LICENSE, POW- ERS, DUTIES 1719-50 25-34 Board of examiners ' 1719 List of questions prepared 1721 Stealing examination questions; penalty 7750 Times for examinations for teachers 1722 Examination in counties, by whom and how conducted 17 24 Examination fees 1725 Compensation of Board of Examiners 1726 Compensation of county examiners 1727 Teachers shall not receive assistance 1728 Statement signed by teachers 1729 Applicant must be of good moral character 1730 Habitual use of intoxicants or profane lan- guage x ' °- L Grades of certificates ■■ - 1732 Percentage and certificate required 1733 Branches of learning examined upon 1734 Examination shall be written, kind of paper and ink to be used 1735 186 INDEX. Section. Page. Examination papers delivered to examiner, transmission to board 1736 Board examines and grades papers 1737 Certificates issued 1738 Examination papers kept on file six months... 1739 Lifetime of certificates 1740 Life certificates 1741 Revoking certificate 1743 Register of licensed teachers 1744 Separate districts . 1745 Instruction as to the nature of alcoholic drinks and narcotics 1746 Teaching agriculture in public schools 1747 Register kept by teacher and submitted.- 1748 Monthly report; not entitled to compensation till forwarded 1749 To be paid monthly 1750 And an act authorizing the issuance of certifi- cates to graduates of certain institutions of higher learning and the extension of certificates held __ 32-33 Emergency certificates valid until July, 1919 _ 34 TEACHERS UNDER SEVENTEEN YEARS OF AGE NOT ELIGIBLE TO EMPLOYMENT 160 TECHNICAL INSTITUTE, ALABAMA GIRLS 1912-32 102-108 C onstitution 267 TEXTBOOK COMMISSION, MEMBERS, APPOINT- MENT 1805-50 74-86 How constituted 1805 Oath of commissioners 1806 Organization 1807 Duties 1808 Unlawful to use other books than those se- lected 1809 Branches of study— 1810 Partisan or sectarian books forbidden 1811 Books may be dropped 1812 DTD EX. -•" =*:-■:: :it? Quality and merit to control in selection 1813 Desirable books when price too Mgfa 1814 Advertisement for bids 1815 Bids, specifications, requisites and contents of 1 8 16 Z-~z-zsi-s --'- =e:uri— f:r peri: ma- :s :_ ::i= 151" Bids sealed and deposited 1818 Bids opened and examine: iri :::.-. ^.'i awarded ----- Notifications to publishers 1820 Contract, execution, preparation, filing. 1821 Bond of contractor, preparation,, ex e cntifflffi , : : - ;::: : ~ 5 - - - - - Deposits returned 1823 Failure to execute contract or bond 1824 Recovery on bond 1825 Books famished must be equal to specimens 1826 Secretary ::' ;:^:t pre=er-re= =a~ pies _ 15-" Contract and exchange price printed on back : = : : :ks _ - - 1821 Prices for tins State snail not exceed prices for other states 1829 Changing or altering contract. .1830 Majority controls 1831 State not liable to any contractor JL832 Old books exchanged for new. 1533 Rejecting bids oar proposals 1834 Readvertisement for bids 1835 Bids for copyright and manuscripts 1836 Manuscript or printed form of matter pro- posed to be incorporated in book 1837 Proclamation of governor announcing con- tract 1535 Three depositaries or places of sale in each county 181 9 Contract price printed on books. 1840 Distribution of books 1541 Commission continues for five years; new ap- pointed 1842 List of books, agencies, and prices fuaansbed to county superintendent. — - : = 188 INDEX. Section. Page. Supplementary textbooks, etc 1844 Other books used upon failure to furnish those adopted — 1845 Appropriation 1846 Compensation of commissioners 1847 Clerk ; compensation 1848 Books adopted continue five years 1849 Failure to furnish books, contract for unex- pired term _..1850 TOWN AND CITY SCHOOLS UNDER MUNICIPAL GOVERNMENT 1348-58 128-134 (See Municipal government, town and city schools under.) TOWNSHIPS ABOLISHED 1689 9 TOWNSHIPS AND SCHOOL DISTRICTS INCOR- PORATED 1690 10 TREASURER OF PUBLIC SCHOOL FUNDS, COUNTY, Act creating 17-18 UNIVERSITY OF ALABAMA 1869-89 89-97 Testing laboratory for cement 1893 Summer school 1894-9 Constitution _ 264-5, 267 VACANCY, Act providing for filling vacancies in city, county, or State offices 143 VOCATIONAL EDUCATION ACT, providing appro- priation to match Federal funds 167-171 WOMEN TO SERVE ON BOARDS OF EDUCA- TION, AUTHORIZING „ — 15 LIBRARY OF CONGRESS 019 749 538 8