State of North Dakota GENERAL SCHOOL LAWS Comprising all the Laws in Force Pertaining to Public Schools Published by the Department of Public Instruction MINNIE J. NIELSON Superintendent 1919 Compiled and Edited by GEORGE A. McFARLAND Assistant Superintendent of Public Instruction BisMAKCK Tribune, STATE Printers Book. *y\l.^ — IV1 N C TABLE OF CONTENTS Introductory Page • 1 Part I. National and Constitutional Provisions 3 Division 1.— The Enabling Act 3 Division 2. — Revised Constitution 4 Part II. Compiled School Laws I3 Division 1. — Administrative Organization 13 Chapter 1. — State Organization I3 Article 1. The State I3 Article 2. Superintendent of Public Instruction 13 Article 3. The State Board of Education 17 Article 4. The State Library Commission 19 Article 5. The State Board of Regents 21 Article 6. The Board of Administration 27 Article 7. Powers and duties of other state officers 29 Chapter 2. — County Organization 39 Article 8. The County Superintendent of Schools 39 Article 9. Other County Agencies 46 Chapter 3. — District Organization 47 Article 10. Common School Districts 47 Article 11. Special School Districts 73 Article 12. Independent School Districts 93 Article 13. Board of Education in certain cities 101 Chapter 4.— Miscellaneous Requirements Affecting School Administration 102 Article 14. Pines. Forfeitures and Penalties 102 Article 15. General Provisions Applying to All School Districts _ IO2 Article 16.— Non-Partisan Elections 106 Article 17. Oath and Bond of Officers Connected with Schools 108 Article 18. Vacancies HO Division 2.— A System of Public Instruction 112 Chapter 5. — Elementary Education 112 Article 19. General 112 Article 20. Kindergartens II3 Article 21. Elementary Education 114 Article 22. Rural Schools II7 Article 23 Testing and Classifying Agricultural Prod- ucts in Public Schools 123 Article 24. County Tax in Aid of Rural, Graded and Consolidated Schools 124 Chapter 6.— Secondary Education 125 Article 25. High School Advantages 125 Article 26. Continuation Schools 129 Chapter 7.— Vocational Education 131 Article 27. Agricultural College 131 Page Article 28. Public Health Labratory 133 Article 29. Agricultural and Geological Survey 134 Article 30. Extension and Demonstration 136 Article 31. List of Publications 137 Article 32. The Experiment Station 137 Article 33. County Agricultural and Training Schools.. 138 Article 34. Industrial School 144 Article 35. North Dakota Academy of Science . . .' 147 Article 36. School of Forestry 148 Article 37. Vocational Education under Smith-Hughes Act 149 Chapter 8. — Higher and Professional Education 152 Article 38. University of North Dakota 152 Division 3. — Support of the Educational System 161 Chapter 9. — National Endowment 161 Article 39. Board of University and School Lands 161 Article 40. Land Commissioner 165 Article 41. Appraisement and Sale of School Lands. . . . 166 Article 42. Lease of School Lands 181 Chapter 10.— State, County and Local Funds 190 Article 43. The State Tuition Fund 190 Article 44. Funds from County Mill Tax 192 Article 45. Funds from School District Tax 193 Article 46. Certain Acts Legalized 195 ' Article 47. Management of School Funds 196 Article 48. Equalization of Indebtedness 199 Chapter 11.— Support of System by Bonds 200 Article 49. Bonds of Common School Districts 200 Article 50. Refunding Bonded Indebtedness of Any School District 205 Article 51. Bonds for Agricultural Training Schools 206 Chapter 12. — E;s;emption 208 Article 52. Exemption of Property from Taxation 208 Division 4.^— Environment and Equipment 209 Chapter 13.— School Buildings .^. 209 Article 53. Construction of Buildings for Elementary and Secondary Schools 209 Fire Avoidance 212 Fire Drill and Guards for Public Schools .... 212 Care and Custody of Buildings used for School Purposes 213 Chapter 14.— Text Books and Supplies 214 Article 57. Free Text Books 214 Article 58. Control of Adoption and Sale 215 Chapter 15.— Patriotic Requirements 218 Article 59. Flag to be Displayed 218 Article 60. Mothers' Day • 220 Article 61. State Flower 220 Chapter 16.— Health and Sanitation 220 Article 54. Article 55. Article 56. \^ CONGRESS r\ ■ ' e^ 3 •lffi4 '■' - *• -,fcw.«l» Page Article 62. Health Inspection of Pupils 220 Article 63. Fuel-^Lignite Coal 223 Division 5. — The Teaching Force 225 Chapter 17. — Training the Teachers 225 Article 64. The State Normal Schools 225 Article 65. The Training of Teachers in Service 227 Chapter 18. — Examination and Certification of Teachers 229 Article 66. The Board of Examiners 229 Article 67. Certificates 229 Article 68. Diplomas and Accrediting 231 Article 69. Examinations 233 Article 70. Value of Certificates 233 ^ Chapter 19. — The Duties of teachers 235 Article 71. Duties, Powers, Privileges of Teachers 235 Chapter 20. — Teachers Insurance and Retirement Fund 237 Article 72. The Board of Trustees 237 Division 6. — State Oversight and Control 246 Chapter 21. — The State and the Child 246 Article 73. The School Census 246 Article 74. Compulsory Education and Medical In- spection 247 Article 75. Child Labor 248 Article 76. State Protection of the Child 252 Article 77. Orphanages and The Care of the Poor 254 Article 78. Juvenile Court 257 Chapter 22. — The State and Institutional Care of Defectives. . 258 Article 79. School for Deaf and Dumb 258 Article 80. The Blind Asylum 261 Article 81. Institution for Feeble Minded 262 Chapter 23. — Private Educational Institutions 265 Article 82. Compliance with State Laws 265 Part 111. — Appendix 267 Division 1. — Appendix A 267-272 Division 2. — School Calendar / 273-74 INTRODUCTORY This compilation of the School Laws of North Dakota is authorized by section 1118 of the Compiled Laws of 1913. It includes all provisions relating to any phase of education now in force. It includes all laws per- taining to: (a) the common schools of the state, (b) the state educational institutions, (c) the lands set aside by the government for the endow- ment and support of the public schools and the public educational in- stitutions, and the child welfare statutes of our state. Following the table of contents is the Schedule which is in reality the compact between our State and the Federal government on the subject of education and clauses in the state constitution relating to education. Several clauses of the constitution are repeated in connection with the parts of the laws on similar subjects. Some pains have been taken also to select typical decisions by our supreme court. They appear following the section of the law they interpret. It is believed that these brief summaries of important de- cisions by the court will greatly enhance the value of the publication to school officers and teachers charged with the administration of our school system or who may be required to interpret the laws to the people. Lawyers who may have occasion to refer to the pamphlet will ob- serve at once that the decisions are not selected from the legal point of view, for many other decisions relating to widely different subject matter furnish legal precedent quite as pertinent as these. The object of these selections is to show how cases on educational controversies have been determined by the court. At the end of the volume will be found In Part III, a list of the special laws that apply only to single districts, a calendar of the chief school dates that teachers and officers need to observe, the constitutional amendments pending that directly affect education, a list of appropria- tions by the 16th Legislative Assembly in support of education, and other important educational information. Following these will be found a comprehensive index. The next complete edition of the school laws will not appear until 1923. County Superintendents through whom the laws are distributed should furnish copies of them only to those entitled by law to receive them. School officers should be instructed to preserve copies entrusted to them and deliver them in good shape to their successors in office. The books are not for general free distribution, but they are free to those for whose use they are intended. Special pamphlets are also prepared relating to single phases of our laws. Persons interested only in text books, fire prevention, rural schools, child welfare, buildings or other special subjects should so state and these pamphlets will be furnished. In arrangement of subject matter the compiler has followed Dr. E. P. GENERAL SCHOOL LAWS Cubberly's suggestions in his book: "State and County Reorganization," of which grateful acknowledgement is made. But North Dakota educa- tional laws, enacted through the years of statehood and without logical sequence or development, do not yield readily to an ideal or orderly scheme. The present attempt may furnish the foundation for some future systematic codification under the encouragement of legislative authority. Section numbers are the same as In Compiled Laws and Acts, articles and chapters are not. In order approximately to complete certain sub- jects, a number of sections appear more than once. A new arrangement of the subject matter, an anallytical table of con- tents and a detailed index ought to make the book even more available than in the past. Suggestions as to how future editions may be made more useful are invited. MINNIE JEAN NIELSON, Superintendent of Public Instruction. Bismarck, September 1st, 1919. PART I.— NATIONAL AND CONSTITUTIONAL PROVISIONS Division 1. — The Enabling Act A Compact Between the Federal Government and the People of IVorth Dakota Sec. 4. (Providing for the Constitutional Conventions for North Da- kota, South Dakota, Montana and Washington.) And said convention shall provide by ordinances irrevocable without the consent of the United States and the people of said states: * Fourth. That provision shall be made for the establishment and maintenance of systems of public schools, which shall be open to all children of said states, and free from sectarian control. Sec. 10. That upon the admission of each of said states into the union, sections numbered sixteen and thirty-six in every township of said pro- posed states, and where such sectionsj or any parts thereof have been sold or otherwise disposed of by or under the authority of any act of congress, other lands equivalent thereto, in legal subdivisions of not less than one- quarter section * * * are hereby granted to said states for the support of common schools. Sec. 11. That all lands herein granted for educational purposes shall be disposed of only at public sale, and at a price not less than $10 per acre, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools. But said lands may, under such regulations as the legislature shall prescribe, be h-ased for periods of not more than five years, in quantities not ex- ceeding one section to any one person or company, and such lands shall not be subject to pre-emption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or un- surveyed, but shall be reserved for school purposes only. Soc. 13. That five per centum of the proceeds of the sales of public landr. lying within said states which shall be sold by the United States subsequent to the admission of said states into the union, after deducting all expenses incident to the same, which shall be paid to the said states, to be vised as a permanent fund, the interest of which only shall be ex- pended for the support of common schools within said states, re- spGctivoly* Sec 14. That the lands granted to the territories of Dakota and Mon- tana by the act of February 18, 1881, * * * are hereby vested in the GENERAL SCHOOL LAWS states of South Dakota, North Dakota and Montana respectively, * * * to the extent of the full quantity of seventy-two sections to each of said states, * * * but said act of February 18, 1881, shall be so amended as to provide that none of said lands shall be sold for less than $10 per acre, and the proceeds shall constitute a permanent fund to be safely invested and held by said states severally, and the income thereof be used exclusively for university purposes. * * * None of the lands granted in this section shall be sold at less than $10 per acre; but said lands may be leased in the same manner as provided in section 11 of this act. The schools, colleges and universities provided for in this act shall forever remain under the exclusive control of the said states, re- spectively, and no parts of the proceeds arising from the sale or dis- posal of any lands herein granted for educational purposes shall be used for the support of any sectarian or denominational school, college, or university. * * * Sec. 16. That 90,000 acres of land, to be selected and located as pro- vided in section 10 of this act, are hereby granted to each of said states, except to the state of South Dakota, to which 120,000 acres are granted, for the use and support of agricultural colleges in said states, as pro- vided in the acts of congress making donations of lands for such purpose, Sec. 17. That in lieu of the grant of land for purposes of internal im- provement made to new states by the eighth section of the act of Sep- tember 4, 1841, which act is hereby repealed as to the states provided for by this act, and in lieu of any claim or demand by the said states, or either of them, under the act of September 28, 1850, and section 2479 of the revised statutes, making a grant of swamp and overflowed lands to certain states, which grant it is hereby declared is not extended to the states provided for in this act, and in lieu of any grant of saline lands to said states, the following grants of lands are hereby made, to-wit: To the State of South Dakota: For the school of mines, 40,000 acres; for the reform school, 40,000 acres; for the deaf and dumb asylum, 40,000 acres; for the agricultural college, 40,000 acres; for the university ,- 40,000 acres; for the state normal schools, 80,000 acres; for public build- ings at the capital of said state, 50,000 acres, and for such other educa- tional and charitable purposes as the legislature of said state may de- termine, 170,000 acres; in all 500,000 acres. To the State of North Dakota a like quantity of land as in this section granted to the state of South Dakota and to be for like purposes, and in like proportion as far as practicable. Division 2. — Revised Constitution [Adopted October 1, 1889] PREAMBLE. We the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain and establish this Con- stitution, STATE OF NORTH DAKOTA MANDATE. Sec. 147. A high degree of intelligence, patriotism, integrity and morality on the part of every voter in a government by the people being necessary in order to insure the continuance of that government and the prosperity and happiness of the people, the legislative assembly shall make provision for the establishment and maintenance of a system of public schools which shall be open to all children of the state of North Dakota and free from sectarian control. The legislative requirements shall be irrevocable without the consent of the United States and the people of North Dakota. ARTICLE II. LEGISLATIVE LIMITATION Sec. 69. The legislative assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: ***** 12. Providing for the management of common schools. ARTICLE III. THE SUPERINTENDENT. Sec. 82. There shall be chosen by the qualified electors of the state at the times and places of choosing members of the legislative assembly a * * * superintendent of public instruction * * * who shall have attained the age of twenty-five years, shall be citizens of the United States, and shall have the qualifications of state electors. They shall severally hold their offices at the seat of government for the term of two years and until their successors are elected and duly qualified. Sec. 83. The powers and duties of the * * * superintendent of public instruction, * * * shall be as prescribed by law. Sec. 84. Until otherwise provided by law, the * * * superintendent of public instruction, * * * shall each receive an annual salary of $2,000; * * * but the salaries of any of said officers shall not be increased or diminished during the period for which they shall have been elected, and all fees and profits arising from any of the said offices shall be covered into the state treasury. ARTICLE V. ELECTIVE FRANCHISE. Sec. 121. Every male person of the age of twenty-one years or upwards belonging to either of the following classes, who shall have resided in the state one year, in the county six months, and in the precinct ninety days next preceding any election, shall be deemed a qualified elector at such election: First — Citizens of the United States. Second — Civilized persons of Indian descent who shall have severed GENERAL SCHOOL LAWS their tribal relations two years next preceding such election, (See sec. 480 Revised Codes, 1895, also State v. Denoyer, 6 N. D. 586.) Sec. 123. Electors shall in all cases except treason, felony, breach of the peace or Illegal voting, be privileged from arrest on the days of election during their attendance at, going to and returning from such election, and no elector shall be obliged to perform military duty on the day of election except in time of war or public danger. Sec. 125. No elector shall be deemed to have lost his residence in this state by reason of his absence on business of the United States or of this state, or in the military or naval service of the United States. Sec. 126. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of his being stationed therein. Sec. 127. [No person who is under guardianship, non compos mentis or insane, shall be qualified to vote at any election, nor shall any person convicted of treason or felony, unless restored to civil rights.] Sec. 128. Any woman having the qualifications enumerated in section 121 of this article as to age, residence and citizenship, and including those now qualified by the laws of the territory, may vote for all school officers, and upon all questions pertaining solely to school matters, and be eligible to any school office. Sec. 129. All elections by the people shall be by secret ballot, subject to such regulations as shall be provided by law. ARTICLE VIII. SCOPE AND AIM OF THE SYSTEM. Sec. 147. A high degree of intelligence, patriotism, integrity and morality on the part of every voter in a government by the people being necessary in order to insure the continuance of that government and the prosperity and happiness of the people, the legislative assembly shall make provision for the establishment and' maintenance of a system of public schools which shall be open to all children of the state of North Dakota and free from sectarian control. The legislative requirements shall be irrevocable without the consent of the United States and the people of North Dakota. (See Sec. 1415, post.) Sec. 148. The legislative assembly shall . provide at its first session after the adoption of this Constitution for a uniform system for free public schools throughout the state, beginning with the primary and ex- tending through all grades up to and including the normal and collegiate course. Sec. 149. In all schools instruction shall be given as far as practicable in those branches of knowledge that tend to impress upon the mind the vital importance of truthfulness,, temperance, purity, public spirit, and respect for honest labor of every kind. Sec. 150. A superintendent of schools for each county shall be electeu every two years, whose qualifications, duties, powers and compensation shall be fixed by law. STATE OF NORTH DAKOTA Sec. 151. The legislative assembly shall take such other steps as may be necessary to prevent illiteracy, secure a reasonable degree of uni- formity in course of study and to promote industrial, scientific and agricultural improvement. Sec. 152. All colleges, universities and other educational institutions, for the support of vi^hich lands have been granted to this state, or which are supported by a public tax, shall remain under the absolute and ex- clusive control of the state. No money raised for the support of the public schools of the state shall be appropriated to or used for the sup- port of any sectarian school. ARTICLE IX. SCHOOL AND PUBLIC LANDS. Sec. 153. All proceeds of the public lands that have heretofore been, or may hereafter be granted by the United States for the support of the common schools in this state; all such per centum as may be granted by the United States on the sale of public lands; th^ proceeds of property that shall fall to the state by escheat; the proceeds of all gifts and dona- tions to the state for common schools, or not otherwise appropriated by the terms of the gift, and all other property otherwise acquired for com- mon schools, shall be and remain a perpetual fund for the maintenance of the common schools of the state. It shall be deemed a trust fund, the principal of which shall forever remain inviolate, and may be increased but never diminished. The state shall make good all losses thereof. Sec. 154. The interest and income of this fund, together with the net proceeds of all fines for violation of state laws, and all other sums which may be added thereto by law, shall be faithfully used and applied each year for the benefit of the common schools of the state, and shall be for this purpose apportioned among and between all the several common school corporations of the state in proportion to the number of children in each of school age, as may be fixed by law, and no part of the fund shall ever be diverted even temporarily from this purpose, or used for any other pui-pose whatever than the maintenance of common schools for the equal benefit of all the people of the state; provided, however, that if any portion of the interest or income aforesaid be not expended during any year, said portion shall be added to and become a part of the school fund. Sec. 155. After one year from the assembling of the first legislative assembly, the lands granted to the state from the United States for the support of the common schools, may be sold upon the following condi- tions, and no other. No more than one-fourth of all such lands shall be sold within the first five years after the same become saleable by virtue of this section. No more than one-half of the remainder within ten years after the same become saleable as aforesaid. The residue may be sold at any time after the expiration of said ten years. The legislative assembly shall provide for the sale of all school lands subject to the pro- visions of this article. The coal lands of the state shall never be sold. GENERAL SCHOOL LAWS but the legislative assembly may by general laws provide for leasing the same. The words "coal lands" shall include lands bearing lignite coal. Sec. 156. The superintendent of public instruction, governor, attorney general, secretary of state and state auditor shall constitute a board of commissioners, which shall be denominated the "Board of University and School Lands," and subject to the provisions of this article and any law that may be passed by the legislative assembly, said board shall have control of the appraisement, sale, rental and disposal of all school and university lands, and shall direct the investment of the funds arising therefrom in the hands of the state treasurer, under the limitations in section 160 of this article. Sec. 157. The county superintendent of common schools, the chairman of the county board and the county auditor shall constitute boards of ap- praisal, and under the authority of the state board of university and school lands shall appraise all school lands within their respective coun ties, which they may from time to time recommend for sale, at their actual value, under the prescribed terms, and shall first select and designate for sale the most valuable lands. Sec. 158. [No land shall be sold for less than the appraised value, and in no case for less than ten dollars per acre. The purchaser shall pay one-fifth of the price in cash, and the remaining four- fifths as follows: One-fifth in five years, one-fifth on or before the expiration of ten years, one-fifth on or before the expiration of fifteen years, and one- fifth on or before the expiration of twenty years, with interest at the rate of not less than five per cent per annum, payable annually in ad- vance; provided, that when payments are made before due they shall be made at an interest paying date, and one year's interest in advance shall be paid on all money so paid. All sales shall be held at the county seat of the county in which the land to be sold is situated, and shall be at public auction and to the highest bidder, after sixty days' advertise- ment of the same in a newspaper of general circulation in the vicinity of the land to be sold, and one at the seat of government. Such lands as shall not have been specially sub-divided shall be offered in tracts of one-quarter section, and those sub-divided in the smallest sub-division. All lands designated for sale and not sold within two years after ap- praisal shall be reappraised before they are sold. No grant or patent for such lands shall issue until payment is made for the same; provided, that the land contracted to be sold by the state shall be subject to taxa- tion from date of contract. In case the taxes assessed against any of said lands for any year remain unpaid until the first Monday in October of the following year, then thereupon the contract of sale for such lands shall, if the board of university and school lands so determine, become null and void. Any lands under the provisions of section 158 of the con- stitution of the state of North Dakota that have heretofore been^ sold, may be paid for, except as to interest, as provided, further, that any school or institution lands that may be required for town site purposes, school house sites, church sites, cemetery sites, sites for other educa- STATE OF NORTH DAKOTA tional or charitable institutions, public parks, fair grounds, public high- ways, railroad right of way, or for other railroad uses and purposes, reservoirs for the storage of water for irrigation, drain ditches or irriga- tion ditches, and lands that may be required for any of the purposes over which the right of eminent domain may be exercised under the con- stitution and the laws of the state of North Dakota, may be sold under the provisions of this section, and shall be paid for, principal and inter- est, in full, in advance, at the time of sale, or at any time thereafter, and patent issued therefor, when principal and interest are paid.] Sec. 159. All land, money or other property, donated, granted or re- ceived from the United States or any other source for a university, school of mines, reform school, agricultural college, deaf and dumb asylum, normal school, or other educational or charitable institution or purpose, and the proceeds of all such lands and other property so re- ceived from any source, shall be and remain perpetual funds, the interest and income of which together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and applied to the specific object of the original grants or gifts. The principal of every such fund may be increased but shall never be diminished, and the Interest and income only shall be used. Every such fund shall be deemed a trust fund held by the state, and the state shall make good all losses thereof. Sec. 160. All lands mentioned in the preceeding section shall be ap- praised and sold in the same manner and under the same limitations and subject to all the conditions as to price and sale as provided above for the appraisal and sale of lands for the benefit of common schools; but a distinct and separate account shall be kept by the proper officers of each of said funds; provided, that the limitations as to the time in which school lands may be sold shall apply only to lands granted for the sup- port of common schools. Sec. 161. The legislative assembly shall have authority to provide by law for the leasing of lands granted to the state for educational and charitable purposes; but no such laws shall authorize the leasing of said lands for a longer period than five years. Said lands shall only be leased for pasturage and meadow purposes and at a public auction after notice as heretofore provided in case of sale; provided, that all of said school lands now under cultivation may be leased at the discretion and under the control of the board of university and school lands for other than pasturage and meadow purposes until sold. All rents shall be paid in advance. Provided, further, that coal lands may also be leased for agricultural cultivation upon such terms and conditions and for such a period, not exceeding five years, as the legislature may provide. , Sec. 162. The moneys of the permanent school fund and other educa- tional funds shall be invested only in bonds of school corporations within the state, bonds of the United States, bonds of the State of North Da- kota, or in first mortgages on farm lands in the state not exceeding in amount one-third of the actual value of any subdivision on which the same may be loaned, such value to be determined by the board of ap- praisers of school lands. 10 GENERAL SCHOOL LAWS Sec. 163. No law shall ever be passed by the legislative assembly granting to any person, corporation or association any privileges by reason of the occupation, cultivation or improvement of any public lands by said person, corporation or association subsequent to the survey there- of by the general government. No claim for the occupation, cultivation or improvement of any public lands shall ever be recognized, nor shall such occupation, cultivation or improvement of any public lands ever be used to diminish, either directly or indirectly, the purchase price of said lands. Sec. 164. The legislative assembly shall have authority to provide by law for the sale or disposal of all public lands that have been heretofore, or may hereafter be granted by the United States to the state for pur- poses other than set forth and named in sections 153 and 159 of this article. And the legislative assembly in providing for the appraisement, sale, rental and disposal of the same, shall not be subject to the pro- visions or limitations of this article. Sec. 165. The legislative assembly shall pass suitable laws for the safe-keeping, transfer and disbursement of the state school funds, and shall require all officers charged with the same or the safe-keeping thereof to give ample bonds for all moneys and funds received by them, and if any of said officers shall convert to his own use in any manner or form, or shall loan, with or without interest or shall deposit in his own name, or otherwise than in the name of the state of North Dakota, or shall deposit in any bank or with any person or persons, or exchange for other funds or property any portion of the school funds aforesaid, or purposely allow any portion of the same to remain in his own hands uninvested except in the manner prescribed by law, every such act shall constitute an embezzlement of so much of the aforesaid school funds as shall be thus taken or loaned, or deposited, or exchanged, or withheld, and shall be a felony; and any failure to pay over, produce or account for the state school funds or any part of the same entrusted to any such officer, as by law required or demanded, shall be held and be taken to be prima facie evidence of such embezzlement. ARTICLE XII. PUBLIC DEBT AND PUBLIC WORKS. Sec. 183. The debt of any county, township, city, town, school district or any other political subdivision, shall never exceed five per centum upon the assessed value of the taxable property therein; provided, that any incorporated city may, by a two-thirds vote, increase such indebtedness three per centum on such assessed value beyond said five per cent limit. In estimating the indebtedness which a city, county, township, school district or any other political subdivision may incur, the entire amount of existing indebtedness, whether contracted prior or subsequent to the adoption of this constitution shall be included; * * * ^.11 bonds or obligations in excess of the amount of indebtedness permitted by this STATE OF NOKTH DAKOTA 11 constitution, given by any city, county, township, town, school district, or other political subdivision, shall be void. Sec. 184. Any city, county, township, town, school district, or any other political subdivision incurring indebtedness shall at or before the time of so doing, provide for the collection of an annual tax sufficient to pay the interest and also the principal thereof when due, and all laws or ordinances providing for the payment of the interest or principal of any debt shall be irrepealable until such debt be paid. Sec. 185. Neither the state nor any county, city, township, town, school district or any other political subdivision shall loan or give its credit or make donations to or in aid of any individual, association or corporation, except for necessary support of the poor, nor subscribe to or become the owner of the capital stock of any association or cor- poration. * * * Sec. 186. * * * No bills, claims, accounts or demands against the state, or any county or other political subdivision, shall be audited, allowed or paid until a full itemized statement in writing shall be filed with the officer or officers whose duty it may be to audit the same. Sec. 187. * * * No bond or evidence of debt of any county or bond of any township or other political subdivision shall be valid un- less the same have endorsed thereon a certificate signed by the county auditor, or other officer authorized by law to sign such certificate, stating that said bond, or evidence of debt, is issued pursuant to law and is within the debt limit. * ARTICLE XIX. PUBLIC INSTITUTIONS. Sec. 215. (Amended.) The following public institutions of the state are permanently located at the places hereinafter named, each to have the lands specifically granted to it by the United States in the act of con- gress approved February 22, 1889, to be disposed of and used in such manner as the legislative assembly may prescribe, subject to the limita- tions provided in the article on school and public lands contained in this constitution: * * * Second. The state university and the school of mines at the city of Grand Forks, in the county of Grand Forks. Third. The agricultural college at the city of Fargo, in the county of Cass. Fourth. A state normal school at the city of Valley City, in the county of Barnes; and the legislative assembly in apportioning the grant of 80,000 acres of land for normal schools made in the act of con- gress referred to, shall grant to the said normal school at Valley City aforementioned 50,000 acres, and said lands are hereby appropriated to said institution for that purpose. Fifth. The school for the deaf and dumb of North Dakota at the city of Devils Lake in the county of Ramsey. 4: * « 4: « Seventh. A state normal school at the city of Mayville in the county 12 GENERAL SCHOOL LAWS of Trail; and the legislative assembly in apportioning the grant of land made by congress in the act aforesaid for state normal schools, shall assign 30,000 acres to the institution hereby located at Mayville, and said lands are hereby appropriated for said purpose. Eighth. A state hospital for the insane at the city of Jamestown, in the county of Stutsman. And the legislative assembly shall appropriate twenty thousand acres of the grant of lands made by the act of congress aforesaid for "other educational and charitable institutions," to the benefit and for the endowment of said institution, and there shall be located at or near the city of Grafton, in the county of Walsh,' an in- stitution for the feeble minded, on the grounds purchased by the secre- tary of the interior for a penitentiary building. * * m * * Sec. 216. The following named public institutions are hereby per- manently located as hereinafter provided, each to have so much of the remaining grant of one hundred and seventy thousand acres of land made by the United States for "other educational and charitable in- stitutions" as is alloted by law, namely: First: A soldiers' home, * * * at Lisbon, in the County of Ransom, with a grant of forty thousand acres of land. Second: The school for the blind of North Dakota, at Bathgate, in the County of Pembina, with a grant of thirty thousand acres. Third: An industrial school and school for manual training * * * at the Town of EUendale, in the County of Dickey, with a grant of forty thousand acres. Fourth: A school of forestry, * * * * at the city of Bottineau, in the County of Bottineau. Fifth: A scientific school * * * * at the City of Wahpeton, County of Richland, with a grant of forty thousand acres. Sixth: A state normal school at the City of Minot in the County of Ward. Seventh: (a) A state normal school at the City of Dickinson, in the County of Stark. Provided, That no other institution of a character similar to any one of those located by this Article, shall be established or maintained with- out a revision of this Constitution. Seventh: (b) A statq hospital for the insane at such place within this state as shall be selected by the legislative assembly, provided, that no other institution of a character similar to any one of those located by this Article shall be established or maintained without a revision of this Constitution. STATE OF NORTH DAKOTA 13 PART II.— COMPILED SCHOOL LAWS Division 1. — Administrative Organization CHAPTER 1.— STATE ORGANIZATION ARTICLE 1.— THE STATE Sec. 1415. FREE PUBLIC SCHOOLS.] The state university and school of mines at Grand Forks, the agricultural college at Fargo, the state normal school at Valley City, the state normal school at Mayville, the state normal school at Minot, the school for the deaf and dumb at Devils Lake, the school of forestry at Bottineau, the North Dakota academy of science at Wahpeton, and the normal industrial school at Ellendale, and all other schools heretofore established by law and maintained by taxation, constitute the system of "free public schools" of the state. Chapt. 34, p. 25, 1915. Sections 1416, 1417, 1418, 1419 repealed by Senate Bill No. 64, 1919. Sec. 1343. SCHOOLS EQUALLY FREE AND ACCESSIBLE.] The public schools provided for in this chapter shall be at all times equally free, open and accessible to all children over six and under twenty-one years of age residing in the district. Sec. 1389. MORAL INSTRUCTION.] Moral instruction tending to impress upon the minds of pupils the importance of truthfulness, tem- perance, purity, public spirit, patriotism, international peace, respect for honest labor, obedience to parents and due deference for old age, shall be given by each teacher in the public schools. Sec. 8203. THE RIGHT OF EMINENT DOMAIN.] Subject to pro- vision of this chapter the right of eminent domain may be exercised in behalf of the following public uses: * * * 3. Public buildings and grounds for the use of any county, in- corporated city, village, tow^ or school district; * * * 8. Sewerage of any incorporated city, or of any village or town, whether incorporated or unincorporated, or of any settlement consisting of not less than ten families, or of any public buildings belonging to the state, or to, any college or university. * * * ARTICLE 2.— SUPERINTENDENT OF PUBLIC INSTRUCTION. Sec. 1105. QUALIFICATIONS OF, TERM OF OFFICE.] There shall be elected by the qualified electors of the state at the time of choos- ing members of the legislative assembly, a superintendent of public in- struction, who shall have attained the age of twenty-five years, who shall have the qualifications of an elector for that office, and be the holder of a teacher's certificate of the highest grade, issued in this state. He shall hold his office at the seat of government for the term of two 14 GENERAL SCHOOL LAWS years, commencing/ on the first Monday in January following his elec- tion, and until his successor is elected and qualified. Sec. 1106. TO PRESERVE MISCELLANEOUS DOCUMENTS.] He shall preserve in his office all books, maps, charts, works on education, school reports and school laws of other states and cities, plans for school buildings and other articles of educational interest and value which may come into his possesion as such officer, and at the expiration of his term he shall deliver them together with the reports, statements, records and archives of his office to his successor. Sec. 1107. SUPERVISION OF SCHOOLS.] He shall have the gen- eral supervision of the public schools of the state and shall be ex-officio member of the board of university and school lands and of the normal school board of the state. Sec. 1108. TO FURNISH SCHOOL SUPPLIES, BLANKS, ETC.] He shall prepare, cause to be printed and furnished to the proper officers or persons all district clerks' record books and warrant books, school treas- urer's record books, school registers, reports, statements, notices and returns needed or required to be used in the schools or by the school officers of the state. He shall prepare and furnish to school officers, through the- county superintendents, lists of publications approved by him as suitable for district libraries; such lists shall contain also the lowest pr.lce at which each publication can be purchased and such other information relative to the purchase of district libraries as he may deem requisite. Sec. 1109. PRESCRIBE COURSE OF STUDY.] He shall prepare and prescribe a course of study for all the common schools of the state. Sec. 1110. ADVISE COUNTY SUPERINTENDENTS.] He shall counsel with and advise county superintendents and boards of education in special or independent school districts upon all matters involving the welfare of schools and he shall, when requested, give them written answers to all questions concerning the school law. He shall decide all appeals from the decision of the county superintendents and may for sucli decisions require affidavits, or verified statements or sworn testi- mony as to the facts in issue. He shall prescribe and cause to be en- forced, rules of practice and regulations pertaining to the hearing and determination of appeals and necessary for carrying into effect the school laws of the state. Sec. 1111. CONFERENCE WITH COUNTY SUPERINTENDENTS.] He shall meet with any or all of the county superintendents of the state at such time and place as he shall appoint, giving them due notice of such meeting, and it shall be their duty to attend such meetings. The object of such meetings shall be to accumulate valuable facts relative to schools, to compare views, to discuss principles, to hear discussions and suggestions relative to the examination and qualifications of teachers, methods of instruction, text books, institutes, visitation of schools and other matters relating to the public schools. Sec. 1112. RULES FOR TEACHERS' INSTITUTES.] He shall STATE OF NOKTH DAKOTA 15 prescribe rules and regulations for the holding of teachers' institutes and teachers' training schools, and after counseling and advising with the county superintendent shall appoint conductors and assistants there- for. He shall prescribe the course of instruction for teachers' institutes and for teachers' training schools. Sec. 1113. TO ASSIST AT TEACHERS' INSTITUTES.] He shall when practicable, attend and assist at teachers' institutes and aid and encourage generally, teachers in qualifying themselves for the success- ful discharge of their duties; he shall labor faithfully in all practicable ways for the welfare of the public schools of the state, and shall perform such other duties as shall be required of him by law. Sec. 1114. RECORD OF OFFICIAL ACTS.] He shall keep a com- plete record of all his official acts and shall file in his office all appeals and the papers pertaining thereto. Sec. 1115. SEAL.] He shall provide and keep a seal by which all his official acts may be authenticated. Sec. 1116. BIENNIAL REPORT, WHAT TO CONTAIN.] He shall, on or before the first day of November preceeding the biennial session of the legislative assembly, make and transmit to the governor a report showing : 1. The number of school districts, schools, teachers employed and pupils taught therein and the attendance of pupils and studies pursued by them. 2. The financial condition of the schools, their receipts and ex- penditures, value of school houses and property, cost of tuition and salary of teachers. 3. The condition, educational and financial, of the normal and higher institutions connected with the school system of the state and as far as it can be ascertained, of the privMe schools, academies and colleges of the state. 4. Such general matters, information and recommendations relating to the educational interests of the state, as he may deem important. Sec. 1117. REPORTS TO BE PRINTED.] Three thousand copies of the report of the superintendent of public instruction shall be printed bien- nially in the month of December preceeding the session of the legislative assembly. One copy shall be furnished to each of the members of the legislative assembly, five to each state educational institution, one copy to each county superintendent of the state, one copy to the president of each school board, one copy to each state officer, one copy to ©ach state and territorial superintendent and twenty copies shall be filed in the office of the superintendent of public instruction and ten copies in the state library. Copies may be distributed among the various colleges, universities, and libraries of the United States. Sec. 1118. SCHOOL LAWS TO BE PRINTED.] He shall in the year 1911, and every four years thereafter, cause to be printed, the school laws of the state, with such notes and decisions thereon as may seem to him advisable, and shall furnish them through the office of the county super- 16 GENERAL SCHOOL LAWS intendent of schools, to the school officers of the state, and to public libraries within the state. At the close of any biennial session of the legislature he shall publish in pamphlet form the laws pertaining to education enacted at that sssiort and shall distribute them as provided for the distribution of the school laws. Sec. 1119. PUBLICATION OF PROCEEDINGS OF EDUCATIONAL ASSOCIATION.] The state superintendent of public instruction is hereby authorized and required to publish annually, as public matter, not to exceed one thousand five hundred copies of the proceedings of the North Dakota Educational Association, the same to be distributed throughout the state by the department of public instruction; provided, that a copy of the proceedings of said association shall be filed by the secretary or other officer of said association with the superintendent of public instruction, on or before the first day of February of each year. Sec. 1120. SALARY. TRAVELING EXPENSES.] He shall receive an annual salary of three thousand dollars and in addition thereto his actual and necessary traveling expenses incurred in the discharge of his official duties, not exceeding one thousand two hundred dollars in any one year, such expenses to be paid monthly on the warrant of the state auditor upon his filing with such auditor an itemized statement of such expenses properly verified. The state superintendent may appoint a deputy for whose official acts he shall be responsible. He may also ap- point an assistant whose duty shall be to assist the state superintendent in visiting schools, institutes, attending school officers' meetings and to perform such other duties as the state superintendent may direct. The state superintendent may also appoint such clerks as shall be necessary in carrying on the v/ork of his department. Sec. 1011. MEMBER STATE BOARD OF CANVASSERS.] The secretary of state, state auditor, state treasurer, attorney-general and superintendent of public instruction shall constitute the state board of canvassers, * * * Sec. 876. MEMBER STATE BOARD OF CANVASSERS. PRI- MARY ELECTION.] For the purpose of canvassing and ascertain- ing the result of any primary election the state board of canvassers shall meet at the office of the secretary of state on the first Tuesday in September next following a primary election, and to be composed of the following members, viz.: Clerk of the Supreme Court, Secretary of State, Superintendent of Public Instruction and the Chairman of the State Central Committee of the two political parties that cast the highest votes for governor at the last general election * * * * Sec. 1429. APPOINTMENT BY SUPERINTENDENT OF PUBLIC INSTRUCTION.] The superintendent of public instruction shall appoint the deputy superintendent of public instruction, state consolidated, graded and rural school inspectors or assistants, high school inspectors, clerks and others in the office of the superintendent of public instruction pro- vided by law. Sec. 701. DEPUTY MAY BE APPOINTED.] The * * * superin- STATE OF NOKTH DAKOTA 17 teudent of public instruction and * * * county superintendent of schools * * * may each appoint a deputy for whose acts as such he shall be responsible; and each officer required to give a bond may require a bond from any deputy appointed by him, which bond shall be in the penal sum of not greater than half the penal sum of his own bond, and such bond may be retained by the officer for his own protec- tion. Such appointment shall be in writing and shall be revocable in writing at the pleasure of the principal and all such appoiiitments and revocations shall be filed as and where required for the bond and oath of the principal. Sec. 703. OATH OF DEPUTY.] Each deputy shall take and subscribe the same oath as his principal (naming his deputyship), which shall be indorsed upon and filed with his certificate of appointment. Sec. 59. VOLUMES OP REPORT TO BE PRINTED.] * * * Two hundred copies of the biennial reports of the state auditor, state treas- urer, commissioner of insurance and superintendent of public instruc- tion shall be bound in cloth, the remainder authorized by law, to be bound in pamphlet fprm, unless otherwise ordered by the commissioners of printing. Sec. 66. BIENNIAL AND SPECIAL REPORTS, HOW PRINTED.] * * * Two thousand copies of the report of the superintendent of public instruction. * * * Sec. 1454. APPROPRIATION FOR SUPERINTENDENTS LIB- RARY.] There is hereby appropriated out of any funds in the state treasury the sum of three hundred dollars annually, to be paid by war- rant of the state auditor on the state treasurer upon the presentation of an itemized bill in due form by the superintendent of public instruction, for the purchase of reference or pedagogical books for the state educa- tional library in the office of such superintendent. STATE EX REL. LANGER, ATTY. GEN., V. MACDONALD. 1. The original jurisdiction of the Supreme Court may properly be invoked in a mandamus proceeding involving the right of possession of the office of superintendent of public instruction. 2. It is the duty of every public officer, at the expiration of his official relation, to surrender to his successor the property and insignia of the office which the law commits to his custody. This duty is ministerial only, and its performance is enforceable by mandamus. 3. The certificate of election to the office in dispute and qualification thereunder is prima facie title to the office, and the courts will not, in a mandamus proceeding to compel surrender of the office of the holder of the certificate of election, go behind such certificate. 4. In such mandamus proceeding, the prima facie title of the office cannot be defeated by averments of fact which involve the ultimate title to -the office. ARTICLE 3.— THE STATE BOARD OF EDUCATION Sec. 1423. THE BOARD AND MEMBERSHIP.] There is hereby 18 GENERAL SCHOOL LAWS created a State Board of Education, to be composed of the president of the university, president of the agricultural college, the state super- intendent of public instruction, the state inspector of graded and rural schools, the state high school inspector, each ex-officio, and a state normal school president, to be designated by the governor of the state from the normal schools in the order of the establishment of the insti- tutions which they represent, and an industrial school president, to be designated by the governor of the state from the industrial schools, in the order of the establishment of the institutions which they represent, a county superintendent of schools, and a male citizen who is not con- nected with the educational system, each to be designated by the gov- ernor. Sec. 1424. APPOINTMENT AND TERMS.] The "governor shall ap- point by the advice and consent of the senate, during the thirteenth legis- lative assembly, a normal school president, an industrial school president, a county superintendent, and a male citizen, as members of the State Board of Education, for a term from July 1, 1913, to the first Tuesday in April, 1915, and thereafter during the session of the legislative assembly, for a term of two years from the first Tuesday in April of each odd num- bered year. No normal school or industrial school shall be represented a second time on the State Board of Education by its president until each normal school and each industrial school has been represented on the State Board of Education by its president. Sec. 1425. COMPENSATION.] The members of the State Board of Education not receiving salaries from the state, county, or state institu- tions, shall receive three dollars for each day employed, and all members of the board shall receive the actual and necessary expenses incurred in attending meetings of the board and in the performance of all duties in connection therewith, which shall be paid out of the state treasury on the voucher of the board, as provided by law. Sec. 1426. MEETINGS.] The board shall hold six regular meetings, one in each of the months of July, September, November, January, March and May of each year, and all such meetings shall be held at one of the state educational institutions, at the state capitol, or at such place as the board may determine. The board may hold, at its discretion, special meetings/ of which due notice stating special purposes shall be given, and which may be held at any place within the state, but it shall not meet to exceed twelve times a year. The state superintendent of public instruction shall be the president of the board, and his deputy shall be secretary with such compensation as the board may determine. Sec. 1427. POWERS AND DUTIES.] The duties of the State Board of Examiners established for the purpose of granting certificates to persons desirous of teaching in the state of North Dakota, as provided for in Chapter 266 of the Session Laws of 1911, Sections 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 and 266, are hereby made a part of the duties of the State Board of Educa- tion, and all authority and powers granted to the said Board of Ex- STATE OF NOKTH DAKOTA 19 aminers are hereby transferred and made a part of the duties of the State Board of Education. The State Board of Education is further authorized to establish such rules as may be found necessary to secure uniformity and best results among the schools receiving state aid, as rural, graded or consolidated schools, as provided in Chapter 35 of the Session Laws of 1911. The duties of the state agricultural and training school board, as defined in Chapter 265 of the general laws of 1911, are hereby transferred to the State Board of Education, and made a part of its duties. The duties of the state high school iroard, as defined in Chapter 267 of the Session Laws of 1911, are also hereby transferred to the State Board of Education, and made a part of its duties. The rules and regulations for classification of state, rural, graded and consolidated schools, as provided for by law, shall be made by the State Board of Education. Provided, also, that the classification of those schools and apportioning of the funds, as provided by law, shall be under the control of the State Board of Education, and it shall perform such other func- tions as the legislature may from time to time confer upon it. Sec. 1428. VISITATIONS AND INSPECTIONS.] The State Board of Education, or their representatives or inspectors, may visit, examine into and inspect any educational institution under the supervision of the state, and may require as often as desired duly verified reports there- from, giving such information in such form as the superintendent of public instruction or the Board of Eaui;ation may prescribe. Sec. 1429. APPOINTMENT BY SUPERINTENDENT OF PUBLIC INSTRUCTION.] The superintendent of public instruction shall ap- point the deputy superintendent of public instruction, state consolidated, graded and rural school inspectors or assistants, high school inspectors, clerks and others in the office of the superintendent of public instruc- tion provided by law. ARTICLE 4.— THE STATE LIBRARY COMMISSION. Sec. 1530. COMMISSION CREATED.] There is hereby created a State Library Commission consisting of five members. Sec. 1531. COMMISSION, BY WHOM COMPOSED. SALARY OF LIBRARIAN. ABOLISHING COMMISSION.] The governor, state superintendent of public instruction, secretary of state, state auditor and the commissioner of agriculture and labor shall constitute the state library commission. The commission shall appoint an executive officer to be known as the secretary of the library commission, who shall receive an annual salary of eighteen hundred dollars per year, who shall have control of the work and shall be the director of the library extension, provided, however, that if this legislative assembly enacts a law creating a board of regents to control all state educational institutions, then this commission shall be abolished and such board of regents shall assume and take over all the duties of the commission as a part of the duties of said board of regents. Chapter 238, p. 356, 1915. Sec. 1532. Repealed. 20 GENERAL SCHOOL LAWS Sec. 1533. EXPENSES OF MEMBERS ALLOWED.] No member of said state library commission shall ever receive any salary or per diem or compensation of any kind for services as members of such commis- sion. Members of the state library commission shall be allowed and paid necessary traveling expenses in attending meetings of the commission or in visiting or establishing libraries, and other incidental and neces- sary expenses connected with the work of the commission. Sec. 1534. DUTIES.] The state library commission on and after its creation and organization, shall take over_ and add to the educational reterence library and the^ system of traveling libraries, and shall con- tinue the same, and, as its funds permit, shall increase the number and usefulness of the libraries. Any city, town, village, school district or community within the state of North Dakota may borrow books under the rules and regulations of the state library commission. The com- mission shall catalogue and otherwise prepare said books for circulation and shall make rules and regulations according to which the business of the commission shall be done; and also such rules and regulations as shall insure the care, preservation and safe return of all books loaned. The state library commission shall have the power and it shall be its duty to establish a legislative reference bureau for the information and assistance of the members of the legislative assembly in the work of legislation. The legislation of other states and information upon legal and economic questions shall be classified and catalogued in such a way as to render the same easy of access to members, thereby enabling them better to prepare for their work. It shall be the duty of the legislative librarian to assist in every way possible the members of the legislative assembly in obtaining information and in the preparation of bills. Sec. 1535. COMMISSION GIVES ADVICE AND AID.] The librarian or trustees of any free public library or the trustees of any village, town or community, entitled to borrow books from said traveling libraries may, without charge, ask and receive- advice and instruction from said library commission upon any matter pertaining to the organization, maintenance or administration of the libraries, and said commission shall, as far as possible, promote and assist by counsel and encourage- ment, the formation of libraries where none exist, and the commission may also send its members to aid in organizing new libraries or im- proving those already established. Sec. 1536. STATISTICS KEPT. PUBLISH REPORT.] The state library commission shall keep statistics of the free public libraries of North Dakota and a record of the work done and books loaned by said commission, and shall make a full report to each general session of the legislature of all expenditures by the commission, and of such statistics and records as shall show the work done by the commission, the use made of the traveling libraries, and of all other matters which they deem ex- pedient for the information of the legislature, and the printing of which, and all other printing coming within the purview of the library commis- sion, shall be paid for out of the general printing fund of the state. STATE OF NOKTH DAKOTA 21 Sec. 1537. OFFICES PROVIDED.] There shall be provided in the capitol building adequate office room, to be furnished in the same man- ner as other offices therein are furnished, for the state library commis- sion, with such suitable quarters as may be necessary for the proper shelving of the educational reference library, the books of the traveling libraries and the legislative reference collection. Sec. 1538. APPROPRIATION.] There is hereby appropriated for the use and purposes of the state library commission any unexpended balances in the funds appropriated for the educational reference library and traveling libraries, and also an annual appropriation of seven thou- sand eight hundred dollars out of any moneys in the state treasury not otherwise appropriated. Sec. 1177. THE COMMON SCHOOL DISTRICT BOARD AND THE DISTRICT LIBRARY.] It shall have the care and custody of the library and may appoint as librarian any suitable person, including one of their number, but whenever practicable, the library shall be kept in the school house and always so when school is in session. It shall make rules to govern the circulation and care of the books while in the hands of the pupils or other persons, subject to the general rules as may be prescribed by the state superintendent of public instruction, and may impose and collect penalties for injuries done to any book by the act, negligence or permission of the person who takes the same or while in his possession, but no book shall be loaned to any person not a resident of the district. It may at any time temporarily exchange any part or all of its library with any other district or persons, so far as different books may be ob- tained, but each district shall recall its books before the close of the school term. It may at any time accept donations of books for the library, but it shall exclude therefrom all books unsuited to the cultiva- tion of good character and good morals and manners, and no sectarian publications, devoted to the discussion of sectarian differences and creeds shall be admitted to the library. It shall be held accountable for the proper care and preservation of the library, and shall report annually to the county superintendent all library statistics which may be required by the blanks furnished for that purpose by the superintendent of public instruction. ARTICLE 5.— THE STATE BOARD OF REGENTS. Chapt. 237, p. 350, 1915. Sec. 1. STATE BOARD OF REGENTS, INSTITUTIONS UNDER ITS CONTROL.] A board of regents of state educational institutions, to be officially known as the state board of regents, consisting of five members is hereby created for the general control and administration of the following state educational institutions. 1. The state university and school of mines, at Grand Forks, with their substations. 2. The state agricultural college and experiment station, at Fargo, with their sub-stations. 22 GENERAL SCHOOL LAWS 3. The school of science, at Wahpeton. 4. The state normal schools at Valley City, Mayville and Minot. 5. The normal and industrial school, at Ellendale. 6. The school of forestry, at Bottineau. 7. And such other state educational institutions as may be hereafter established. Sec. 2. BOARD, HOW APPOINTED. QUALIFICATIONS. TERM OF OFFICE.] Sec. 3. REMOVAL OF MEMBER. VACANCY. HOW FILLED.] Sec. 4. MEMBERS TO TAKE OATH. BOND.] Sec. 5. COMPENSATION OF MEMBERS.] Sec. 6. OFFICE. OFFICE HELP AND SUPPLIES.] The board shall be provided with suitable offices in the state capitol building at Bis- marck and shall provide necessary office furnishings, books, stationery, printing, postage stamps, and such other supplies as are necessary, and shall employ such clerical assistance as in their opinion is required. Sec. 7. POWERS AND DUTIES OF BOxiRD.] The state board of regents shall, upon being established as provided herein, assume all the powers and perform all the duties now exercised or performed by the normal board of control and the several boards of trustees of the in- stitutions by this act placed under the control of the state board of regents July 1st, 1915. The existing normal board of control and the boards of trustees of the institutions enumerated in this act, except as hereinafter provided, shall immediately upon the organization of the state board of regents as hereinbefore provided in this act, surrender and transfer to the state board of regents, all duties, rights and powers and immunities granted them under existing laws of this state, together with all property, deeds, records, reports and appurtenances of every kind, now held by the normal board of control and boards of trustees of the institutions enumerated in Section 1 hereof. Such normal board of control and boards of trustees shall thereupon cease to exist, and the state board of regents shall succeed to all the rights, duties, powers and immunities belonging to the normal board of control and boards of trustees and shall assume full control of all property, deeds, records, reports and appurtenances aforesaid, until otherwise prescribed by law. The state board of regents shall make all necessary rules and regula- tions for its own official procedure and for the efficient management and control of the educational institutions and of their various depart- ments. The state board of regents first appointed shall, as soon as practical after having organized, procure to be made by a competent expert, or experts, from without the state, an educational survey of all institutions under its control for the purpose of ascertaining wherein the efficiency of the state educational institutions can be best served and economy in conducting the same best practiced. Upon the completion of such educational survey the state board of regents shall appoint from without the state a state commissioner of STATE OF NOKTH DAKOTA ^3 education who shall be a graduate of some reputable college or univer- sity who must have made a special study of educational problems, and have had at least three years' experience in educational administrative work. Such commissioner of education shall perform such duties of ex- amination, inspection and visitation as the board may direct, and shall advise the board on all matters pertaining to the curricula, co-ordination and correlating of work in the institutions under the control of such board and he shall make a special study of the particular needs and re- quirements of each institution and shall report thereon to the board at such time as they shall direct. Such commissioner of education shall receive a salary of not to exceed five thousand dollars ($5,000.00) per annum, to be fixed by the board, with his actual and necessary traveling expenses while attending meet- ings of the board and in visitation, inspection and examination of in- stitutions under the control of said board. The state board of regents shall have the power to elect a president and treasurer for each of the said educational institutions, professors, instructors, officers and employees and shall fix the compensation paid them. The board shall act in consultation with the president of each institu- tion, in order the more efficiently to administer to the needs and proper development of each institution in harmony with the best interests of the people of the state, and for the up-building of higher and technical education in North Dakota. The state board of regents shall co-ordinate and correlate the work in the different institutions so as to prevent wasteful duplication and to develop co-operation among such institutions in the exchange of in- structors and students, and shall fix a tuition to be paid in such institu- tions or any department thereof when not provided by law. It shall make recommendations in regard to needed legislation for the institu- tions under its control, and it shall, prior to each meeting of the state legislature and in ample time for due consideration by the legislative assembly, prepare a budget setting forth the financial needs of all state educational institutions under its supervision and control for the period for which an appropriation is made. It shall submit with such budget plans for all betterments and im- provements or buildings costing more than five thousand dollars ($5,000.00) for which it may recommend an appropriation. But when an appropriation for any amount has been made, there shall be no expen- diture thereof until the board has secured suitable plans and specifica- tions prepared by a competent architect, and accompanied by a detailed statement of the amount, quality and description of all material and labor required for the completion of said structure; and no plan or plans shall be adopted, and no betterments, improvements or buildings con- structed that contemplate the expenditure of more money for completion than the amount appropriated by the legislature therefor, unless ex- empted from the provisions of this section by the act making such ap- 24 GENERAL SCHOOL LAWS propriation. In no event shall the board direct or permit an expenditure for any purpose in excess of the amount appropriated by law, or con- templated by the statute, and the members of said board, its officers, and agents, are not subject to the provisions of Sections 9827, 9828, 9829 and 9830 of the Compiled Laws of North Dakota of 1913, but any violation of the provisions of either of the said sections of the code above named by any member of said board, its officers or agents, shall be deemed a misdemeanor and on conviction the offender shall be fined in any sum not less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00) In the discretion of the court, or imprisoned in the county jail not exeeding one year, or by both such fine and imprisonment. This budget shall be transmitted in separate form to the governor and legislative assembly at the same time as its biennial report is trans- mitted as hereafter required. The board shall have general supervision, direction and control of the expenditure of the funds for, or belonging to, or at the disposal of, the various state educational institutions. In order to effect the greatest economy, efficiency, and facility in pro- viding for the needs and work of the various institutions the president of each institution shall submit to the state board of regents, at least once each year, a budget showing the needs and amounts recommended for the work of the various departments of the institutions, and for im- provements, repairs, miscellaneous items of maintenance and such other items as shall seem expedient. When this budget has been approved by the board of regents, it shall form the basis of expenditures for the institu- tions during the period designated and the president of the institution, and the business office thereof, shall conform to this budget in the ex- penditures made for carrying on the work of the institution as provided for in this budget. No change in, or departure from, the expenditures outlined and provided for in the budget, shall be made except when emer- gency requires, when the approval of such change or depai^ture by the state board of regents must first be had. — The state board of regents shall install a system of accounting which shall be uniform as far as practicable, for all the institutions under its control. The board shall submit a biennial report to the governor not later than the first day of September next preceeding the legislative session. The report herein required, shall contain a detailed financial statement showing fully the items of income from every source and ex- penditures of every nature, of the institutions under the control of the board for the period covered by the report. The report first made after the organization of the state board of regents as provided in this act, shall set forth in detail, what has been accomplished by the board in co-ordinating and correlating the work of the several institutions. Sec. 8. MEETINGS. QUORUM.] The board shall hold an annual meeting at its office in the city of Bismarck on the 1st Tuesday in July of each year. It shall hold quarterly meetings, if practicable, at one of the institutions under its control, but only one quarterly meeting shall STATE OF NOKTH DAKOTA 25 be held at the same institution in any year. Annual and quarterly meet- ings may be called by the secretary. Special meetings may be held upon the call of the president or upon request of three of the members of the board, at such place and time as the members demanding such meeting request, and a majority of such board shall constitute a quorum. Sec. 9. ITEMIZED STATEMENT.] Before any of the expenses of the members of said board, any officer, or agent, thereof, or before any expenses incurred by others under the direction of the board, or the ex- penses of any officer or any employee of any Institution under the charge of the board, shall be paid, a minutely itemized statement of every item of expenditure shall be presented to the proper authority duly verified, which verification shall aver that the expense bill is just, accurate and true and is claimed for cash expenditures, or cash disbursements, truly and accurately made, or payment thereof shall not be made. The ex- pense bills of the members of the board, the secretary and its other employees, when so verified, shall be presented to the state auditing board for their written audit, before payment is made. The salaries and such actual expenses of the board, and the secretary and other officers, and the salaries of employees, shall be paid monthly by the state treas- urer, upon the warrant of the state auditor. Sec. 10. APPROPRIATION.] There is hereby appropriated out of any funds in the state treasury not otherwise appropriated the sum of eighteen thousand dollars ($18,000.00) annually, or as much thereof as jnay be necessary to carry out the provisions of this act. Sec. 1816. MANNER OF PAYMENT OF APPROPRIATIONS. DUTIES AND POWERS OF STATE BOARD OF REGENTS.] A proper officer, to be designated by the State Board of Regents for each educational in- stitution shall prepare two separate monthly statements showing: First, the pay roll, and second, the purchases and expenditures of every kind of the preceeding month, which shall be sig'ned by such officer, approved by the chief executive officer of the institution, and filed with the State Board of Regents on a date fixed by the said Board. Attached thereto shall be the affidavit prescribed by Section 274 of the Compiled Laws of 1913. If any invoice or statement, or any part thereof is found ob- jectionable, the board shall endorse its disapproval thereon, with its reasons therefor, and return it to the management of the institution, and when the matter complained of is correct 'id, said statement and in- voice shall be returned to the board. The monthly statements so made and verified shall be forwarded to the State Board of Regents, together with the original invoices of the purchases and a complete itemized statement of every ex- pense of said institution, including the certified pay roll, for the exami- nation and audit and approval of the State Board of Regents. When the said accounts are audited, the proper institutional officer shall pre- pare an abstract in quadruplicate each month, or at other times, for each educational institution, ^bowing the name and amot\nt due each claimant and the fund out of which such payment shall be made. One copy of 26 GJilNERAL SCHOOL LAWS such abstract shall be kept on file in the office of the State Board of Regents, one copy of such abstract shall be filed with the State Auditor, one shall be retained by the institutional officer and n fourth filed with the local treasurer. Upon receipt of such certified abstract the state auditor shall issue a check through the State Board of Regents, for the total amount, to the institution treasurer, to be paid out of such treasury in a manner to conform to the rules of busin. ss prescribed by the Board of Regents. All specific appropriations for the educational institutions, other than those for maintenance, shall be paid by the state auditor as he may be directed by the State Board of Regents, according to th«> ■ provisions of the preceeding paragraph. All appropriations for the maintenance or fixed annual or biennial ap- propriations of the state educational institutions becoming effective on July 1st, 1917, or thereafter, shall be paid in equal monthly installments by the State Auditor on the Abstract of the State Board of Regents, or its secretary, through the board to the institutional treasurers. If the appropriation be for the biennial period, 1-24 of the total appropriation shall be paid each month; if the appropriation be for an annual period, the monthly payment shall be 1-12 of the total annual appropriation, pro- vided, however, that the state auditor may on the order of the State Board of Regents pay more thaii the monthly allowances with the per- mission of the governor and the state treasurer, whose approval must appear on the abstract calling for such an increased monthly payment, provided, further, that in no period of 12 consecutive months shall the total payments exceed the total appropriation for maintenance for one year. It shall be the duty of the state auditor to make, through the State Board of Regents to the treasurer of the educational institutions under its control, regularly quarterly payments of accrued interest and income from the state school fund on the first of January, April, July and October of each year. Chapt. 218, p. 305, 1917. Sec. 1817. Repealed 1915. STATE OF NORTH DAKOTA EX REL. WILLIAM LANGER, ATTORNEY GENERAL, V. EMIL SCOW'AND J. A. POWER. 1. The provisions in section 2 of chapter 237 of the Laws of 1915, empowering the governor to nominate and the senate to confirm nomina- tions for the offices of members of the state board of regents during the same session of the legislature at which the act creating the offices was enacted, do not vest title to the offices in the appointees, which continue beyond July 1, 1917. 2. Where officers continue in office after their right to hold and oc- cupy the office has ceased, the governor may declare the offices vacant and appoint successors who will hold as vacancy appointees. 38 N. D. 246. (Opinion filed September 27, 1917.) STATE OF NORTH DAKOTA 27 STATE OF NORTH DAKOTA EX REL. WILLIAM LANGER, ATTOR- NEY GENERAL, V. LEWIS F. CRAWFORD, FRANK WHITE, J. D. TAYLOR, EMIL SCOW, AND J. A. POWER. 1. The provision of section 2 of chap. 237, Laws 1915 (commonly known as the State Board of Regents Act), empowering the governor to nominate and the senate to confirm nominations for the offices of mem- bers of the State Board of Regents during the same session of the legis- lature at which the act creating the office was enacted, does not con- flict with or contravene the initiative and referendum amendment to section 25 of the state constitution. 36 N. D. 385. (Opinion filed April 28, 1917.) Rehearing denied June 20, 1917. ARTICLE 6. THE BOARD OF ADMINISTRATION. (S. B. No. 134, 1919.) Sec. 1. There is. hereby created the "Board of Administration" for the general supervision and administration of all State Penal, Charitable and Educational Institutions of the State, and the general supervision of the public and common schools of the state. For the exercise of these duties of general supervision the presidents or heads of the several State in- stitutions and Superintendent of Public Instruction shall be responsible to the Board. Said Board shall consist of five members, the State Super- intendent of Public Instruction, and the Commissioner of Agriculture and Labor who shall be ex-officio members of said Board, and three other members who shall be appointed by the Governor within ten days after this act takes effect. The members so appointed shall hold their office as follows: One until July 1, 1921, one until July 1, 1923, and one until July 1, 1925, as designated by the Governor; and thereafter the appointment of the members of said Board shall be for a term of six years and until their successors are appointed and qualified; provided, however, that the Governor may remove any appointive member of said Board for cause. Sec. 2. The appointive members of said Board shall give all their time to the duties of said office, and shall furnish bond in the sum of ten thou- sand dollars in the manner required by law, and each of them shall take the oath of office and qualify in the same manner as other state offi- cials, and shall receive a salary of Three Thousand Dollars per annum and all traveling and necessary expenses while in the discharge of their official duties. Sec. 3. The members of said Board shall meet at Bismarck within twenty days after this Act takes effect and organize by electing one of the members thereof Chairman of said Board. A majority of said Board shall constitute a quorum for the ti-ansaction of business. Said Board shall be provided with suitable offices at the State Capitol. Sec. 4. The Board of Administration may employ a Secretary, whose salary shall not exceed Three Thousand Dollars per annum; and it may employ such other administrative assistants, officers, directors of voca- 28 GENERAL SCHOOL LAWS tional training and such school inspectors, business managers, account- ants and employees as may be, necessary, and fix the compensation of the same within the appropriation made for such purpose. The Board of Administration shall be the judge of the qualifications and may remove any such employee when, in its judgment, the public service demaiids it. Sec. 5. The Board of Administration shall assume all the powers and perform all the duties of the State Board of Education, State Board of Regents, and the State Board of Control, as are now exercised by any and all of said Boards and it shall succeed to the possession on behalf of the State, or any political subdivision thereof, of all records, docu- ments, reports and appurtenances of all kinds now held by any and all of said Boards. Sec. 6, Said Board shall make all necessary rules and regulations for its own official procedure and for the general administration, supervision and mailagement of the various penal, charitable and educational in- stitutions and for the general supervision of the public schools of the » State, and may require the performance of additional duties by the of- ficials of the several institutions so as to fully enforce all the require- ments, intents and purposes of this Act; and it shall make a special study of the particular need and requirements of all such institutions. It shall have power to appoint a temporary School Commission to consist of the Superintendent of Public Instruction, one county superintendent, one City Superintendent, the High School Inspector and one other member, to investigate the kinds and cost of library books, and text books for use in public schools of this State, and the question of uniformity of text books, and the printing and distribution of same by the State, with such recommendations as the Commission may deem proper. Said Commis- sion shall report to the Board on or before July 1, 1920, its findings and recommendations, and thereafter shall cease to exist. The members of such Commission shall be paid such compensation for their services as the Board may determine and their actual and necessary expenses. Sec 7. In order to carry out in detail the work of administration and supervision, the Board of Administration shall appoint an Educational Commission, to consist of the State Superintendent of Public Instruction, who shall be ex-officio chairman of the Commission, and four other members appointed by the Board for a period of two years as follows: one County Superintendent, one City Superintendent, one representative of the Normal Schools and one representative of the ' University and Agricultural College alternating, subject to the direction and general approval of the Board, to have charge and supervision of the certifica- tion of teachers', standardization of schools, examinations for eighth grade and high school pupils, preparation of courses of study for the several classes of public schools, and such other work as may be assigned to it by the Board. Such Commission shall meet at Bismarck on the first Tuesday in January, April, July and October of each year, and at such other times and places as may be found necessary, and the members STATE OF NORTH DAKOTA 29 shall receive such compensation for their services as the Board may de- termine and their actual and necessary expenses. Sec. 8. The Board of Administration shall devise and install a system of accounting and auditing of all moneys appropriated, received and ex- pended adapted to the several institutions herein named, and make the system as nearly uniform as the necessities of the case may permit. Sec. 9. The pow^ers and duties of the State Superintendent of Public Instruction as heretofore provided by law^ shall be subject to the super- vision and control of the Board of Administration, only insofar, as such powers and duties w^ere by law subject to the supervision and control of any or all of the Boards mentioned in Section 5 of this Act. Sec. 10. The Board of Administration shall file a report on or before the first day of November in each year with the Governor of the State. Sec. 11. There is hereby appropriated out of any funds in the State Treasury not otherwise appropriated the sum of Forty Thousand Dollars annually, or as much thereof as may be necessary to carry out the pro- visions of this Act. All salaries and expenditures shall remain within the appropriation herein, and shall be paid by the State Treasurer upon warrant to the State Auditor in the manner provided by law. Approved March 6, 1919. Referred to the people and approved June 26, 1919. ARTICLE 7. POWERS AND DUTIES OF OTHER STATE OFFICERS, BOARDS AND COMMISSIONS IN RELATION TO EDUCATION. (a) The Goyernor. Sec. 113. GOVERNOR TO FURNISH BUSINESS REPORTS ON STATE INSTITUTIONS.] It shall be and is hereby declared to be the duty of the governor to submit to each legislative assembly a detailed report of all monies appropriated by the preceding legislative assembly" for state institutions, together with a summary of expenditures of each of such institutions, said summary to be dated December first of each even numbered year, and of a form which will show the following items, viz.: 1. Cost of the boards of directors, per diem and for mileage. 2. For salaries of presidents, superintendents or managers and their deputies or chief assistant. .3. Salaries of each member of every faculty. 4. Amounts paid for maintaining summer schools. 5. Amounts expended for janitor service. 6. Amounts expended for guards and other employes, together with the number of each. 7. Amounts expended for fuel; kind of fuel used; average price per ton. 8. Amount expended for light service. 9. Amount expended for water service, and how measured. 10. Amount expended for new buildings, stating outside dimensions and what purpose used for. 11. Amount expended for repairing buildings. 30 GJflNERAL SCHOOL LAWS 12. Amount expended for improvement of grounds. 13. Amount expended for groceries, provisions and household supplies. 14. Amount expended for clothing. 15. Amount expended for school and library books. 16. Amount expended for scientific and school apparatus and office sundries. 17. Memorandum of sums appropriated by the preceding legislative assembly. 18. Balance on hand of the various amounts appropriated or set aside by the last legislative assembly. Such report shall also state number of scholars regularly enrolled in each educational institution, the number of such scholars, who are not residents of this state, the number who pay tuition fees Over and above the matriculation or incidental fees, the number of summer school scholars, and the average attendance at such institution for each year of the biennial period of regularly enrolled students; the average number of inmates in each charitable institution for the same period, and the average number of prisoners confined in each penal institution for the like period, together with the average cost of maintenance each year of the individual scholar, inmate or prisoner, and in determining such cost, items 10, 11, 12, 17, and 18 only shall be eliminated, but every institution producing a portion of its supplies shall be allowed a fair net valuation on same as an offset to direct cost of other supplies in determining such per capita cost of conducting. Sec. 114. SUPPLYING DATA FOR REPORTS.] Upon demand therefor, the trustees of every state institution shall forward to the gov- ernor any data,- statistics or such other information as may be required by him as basis for making statements or reports called for under sec- tion 113. Sec. 115. PROVISION FOR PAYMENT OF COSTS OF REPORTS.] The purpose of this act being the submission to each legislative as- sembly of an up to date business like statement of state institutional business, the governor is hereby authorized to employ in formulating said statement or report, such clerical help as he shall deem necessary and have said statement printed at such cost and place as he shall deem proper; provided, that no more than two hundred copies of such biennial report shall be printed; and the state auditor shall draw his warrant upon the state treasurer for bills rendered for services under this act after such bills are approved by the governor. , Sec. 685. WHAT OFFICERS REMOVABLE BY GOVERNOR, GROUNDS.] The Governor may remove from office any county com- missioner, clerk of the district court, county judge, sheriff, coroner, county auditor, register of deeds, state's attorney, county treasurer, superintendent of schools, county commissioners, surveyor, public ad- ministrator, city auditor, city treasurer, any city commissioner, mayor, chief of police magistrate, deputy sheriff, or other police officer, or any custodian of public moneys, except the state treasurer, whenever it ap- STATE OF NORTH DAKOTA 31 pears to hira by competent evidence and after a hearing as herinbefore provided that such officer has been guilty of misconduct, malfeasance, crime in office, neglect of duties in office, or for habitual drunkenness or gross incompetency. Approved February 11, 1919. (b) The Secretary of State. Sec. 92. BLUE BOOK TO BE PRINTED FOR DISTRIBUTION.] The secretary of state shall cause to be printed a sufficient number of Blue Books for distribution to the members of the legislative assembly, state institutions, elective state officers and their appointees, elective county officers, public libraries, legal newspapers, state high schools, and district schools of the state. Provided that it shall be the duty of the County Superintendent of Schools to certify to the Secretary of State on the first day of March of each year in which the legislature is in session, or as soon thereafter as possible, the total number of dis- trict schools in his county, in the libraries of which one copy of the Blue Book is placed. Sec. 93. PROCEDURE FOR DISTRIBUTION OF BLUE BOOKS.] The Secretary of State shall furnish and distribute, transportation col- lect, the Legislative Manual or Blue Book as follows: Five copies to each member of the legislative assembly; sixty copies to the State His- torical Society for exchange with other historical societies; seventy-five copies to the State Law Library for exchange with other state law libraries; sixty copies to the State Agricultural College for exchange purposes; two copies to each public institution maintained by the state; one copy to each elective officer of the state and one copy to each ap- pointee of elective state officers; two copie^ to each state high school to be placed In the school library and one copy to each legal newspaper in the state. Five hundred copies of the Blue Book shall be held in the office of the Secretary of State for distribution among the members of the next succeeding legislature. Upon receiving the certificate from the County Superintendent, provided for in the preceding Section, the Secretary of State shall consign a number of Blue Bocks to the County Superintendent which shall be equal to the number of district schools certified as provided herein. The County Superintendent shall upon re- ceipt of such consignment distribute the same among the district schools of his county, and it shall be his duty to see that each and every school within his jurisdiction is provided with a Blue Book. The remaining copies shall be held for distribution to residents of the state upon ap- plication to the Secretary of State accompanied by an amount of money sufficient to cover the cost of postage and packing as may be determined by the Secretary of State. The printing and binding of the Legislative Manual known as the North Dakota Blue Book shall be let as are other classes of state printing upon competitive bidding to the lowest bidder. (c) The State Auditor. % Sec. 133. SPECIAL DUTIES CONNECTED WITH SCHOOL FUND.] The state auditor must keep a separate account of the school fund and of the interest and income thereof, together with such moneys as may 32 GENERAL SCHOOL LAWS be raised by special tax or otherwise for school purposes. He must on or beforol the third Monday in February, May, August, and Novembei of each year certify to the superintendent of public instruction the amount of the state tuition fund; he shall also at the same time make a statement to such officer of the securities belonging to the school fund, of the moneys in the treasury subject to apportionment and the sources from which the same accrued, and he shall also perform such duties and draw such warrants in reference to the school fund of the state as now are or hereafter may be prescribed by law. Sec. 1818. WHEN AUDITOR TO CANCEL UNEXPENDED AP- PROPRIATION.] The state auditor shall at the close of each biennial period cancel all unexpended appropriations or balances of appropria- tions, which shall have remained undrawn for the period of two years after the expiration of the biennial period during which they became available under the law; provided, that the governor, secretary of state and attorney-general may continue such appropriation or balances m force temporarily upon recommendation of the state auditor. Sec 1819. APPROPRIATION OF MISCELLANEOUS RECEIPTS.] There is hereby appropriated for the use of the several institutions all the funds in the state treasury derived from miscellaneous receipts under sections 1810 and 1811. (d) The Fire Marshall. ^ ., ^ Sec 202 DUTIES OF OFFICERS.] It shall be the duty of the tire marshall and assistant to enforce all laws of the state in respect to fires as follows: d The means and adequacy of exits in case of fires from churches, schools, halls, theaters, amphitheaters and all other places in which numbers of persons congregate from time to time for any purpose. (e) The Public Examiner. Sec 226. DUTY TO SUPERVISE ACCOUNTS OF PUBLIC IN- STITUTIONS.] It shall be the duty of the state examiner to assume and exercise constant supervision over the books and financial accounts of the several public, educational, charitable, penal and reformatory in- stitutions belonging to the state; to prescribe and enforce correct meth- ods of keeping financial accounts of the state institutions by himself or duly appointed deputy, and instruct the proper officer thereof in the due performance of his duty concerning the same; to examine the books and accounts of all public institutions under the control of the state, and of all private institutions with which the state has any dealing, -so far only as the same relates to such dealing, once in each six months. (f) State Board of Control. Note- In Laws 1913, eh. 55 (section 243 herein) amending the laws 1911 ch. 62, section 8, full power to manage, control and govern the school for the deaf and dumb, subject only to the provisions of said act of 1911 is given to the board of control. The board of trustees for that institution is abolished and the powers of the board are vested in the Board of Control in section 244. By the passage of Senate Bill 134, STATE OF NORTH DAKOTA 33 1919, the powers and duties of the Board of Control are turned over to the Board of Administration. Sec. 243. INSTITUTIONS UNDER CONTROL.] The board of con- trol shall have full power to manage, control and govern, subject only to the limitations contained in this article, the State Hospital for the Insane, the State Penitentiary, the North Dakota Blind Asylum, the School for the Deaf and Dumb, the School for the Feeble Minded, the State Reform School, the North Dakota State Tuberculosis Sanitarium, and such other charitable and reformatory and penal institutions as have been or may hereafter be created or established according to law. The board of control so appointed and qualified shall, within ten days after their appointment, establish an office in the state capitol at Bismarck, and shall thereafter have full access to all the state institutions men- tioned in this section, and to all books, accounts, vouchers, supplies and equipments of each of said institutions for the purpose of familiarizing themselves with the conditions, needs and requirements thereof; and, subject to the limitations in this article contained, the said board shall assume full control of said institutions on the first day of July, A. D. 1913; provided, however, that this article shall not apply to the Soldiers' Home. * * * * (g) General Requirements and Duties (Reports). Sec. 95. REPORTS TO GOVERNOR AND LEGISLATIVE ASSEM- BLY.] All officers, departments, boards, commissions and state institu- tions which are now or hereafter may be by law required to make and transmit reports annually, semi-annually, to the governor and the legis- lative assembly of this state, shall deliver typewritten copies in triplicate of such reports to the governor not later than September first of the year in which such reports are required to be made, and such reports shall be made to include the 30th day of June next preceding. Sec. 633. DUTY OF THE HEADS OF STATE INSTITUTIONS AND STATE BOARDS TO MAKE REPORTS.] It shall be the duty of every head of all state institutions and state boards to set forth, in their an- nual or biennial report required by law, a list of all persons in the employ of the institution or board, which list shall give the name of each person drawing a salary at such institution, or from such board the amount of salary and other emoluments drawn, the fund or funds from which drawn, and the number of installments per annum in which such salary is drawn. Sec. 632. BEGINNING AND END OF FISCAL YEAR.] The fiscal year for the state shall commence the first day of July and end on the thirtieth day of June in each year, and all reports required annually or biennially by any state officer shall be made to and include the thirtieth day of June preceeding, and all accounts of said officers shall be closed and balanced to that date, except where otherwise specifically prescribed by law. 34 GENERAL SCHOOL LAWS Sec. 657. CLAIMS AGAINST THE STATE. VERIFIED, HOW.] No bill, claim, account or demand against the state except in the case of salaries fixed by law, shall be audited, allowed, or paid, until a full item- ized statement in writing shall have been filed with the officer, or offi- cers whose duty it may be to audit the same, and where charges are made for money expended in the performance of official duties, all items of one dollar or more so expended and charged for, shall be covered by s^ sub-voucher or receipt, which sub-voucher or receipt shall be signed by the person to whom the money was paid, and such sub-voucher or receipt shall show at what place, on what date, and for what the money expended was paid. ■ Such sub-vouchers or receipts shall be forwarded with the bill, claim, account or demand against the state, which bill, claim, account or demand shall be further verified by the certificates of the party presenting it in substantially the following form: "CERTIFICATE. I do hereby certify that the within bill, claim account or demand, is just and true; that the money therein charged ^ds actually paid for the purpose therein stated; that the services therein charged were actually rendered and are of the value therein charged; that no part of such bill, claim, account or demand, has been paid; and that the goods therein charged were actually delivered and were of the value charged. Sign here: If signed for a firm or company, show authority on this line. Provided, that any officer, officers, or the State Auditing Board, be- fore any of whom any bill, claim, account or demand against the state shall come for audit and approval, may, if deemed necessary in his or their descretion, require to be furnished a statement mad^ under oath, containing such further information as seems necessary for the further verification of any bill, claim, account, or demand against the stat^ or any of its undertakings. Provided, that all blank voucher forms, for bills, claims, accounts or demands against the state or any of its undertakings, shall have printed thereon the following paragraph which prescribes the penalty for certify- ing to false or dishonest bills, claims, accounts or demands, against the state. Provided, that any person, firm, or company, falsely certifying, or certifying to any false bill, claim, account or demand, as hereinbefore set forth, shall upon conviction forfeit his right to collect such bill, claim, account, or demand, or any part thereof, and shall further be sub- ject to the penalty prescribed for one found guilty of committing a mis- demeanor. Sec. 1739. REQUIRED OF BOARDS.] The boards of trustees o£ the State University at Grand Forks, the Agricultural College at Fargo, the STATE OF NORTH DAKOTA 35 State Normal Schools, the Normal and Industrial School at Ellendale, the Science School at Wahpeton, and the School of Forestry at Bottineau, shall prepare and submit to the state board of education on or before November 15 preceding each biennial session of the legislature, in duplicate form, a carefully itemized statement of the needs of the in- stitution under the direction of the above boards for the biennial period. Sec. 1740. CONTENTS OF STATEMENTS.] (a) The statements shall show estimated receipts from all sources, and the estimated ex- penditures for maintenance, not including expenditures for buildings and other permanencies for the biennial period. (b) The statements shall also show the appropriations necessary for buildings, other permanencies, such maintenance as is needed over and above estimated income, and the specific amounts asked for in the foi-m of appropriations for such purposes. (c) It is further provided that the legislature shall make no ap- propriations for purposes not presented in the general requests of the institutions at the time required in Section 1739. Sec. 1741. PUBLICATION.] Upon receipt of these statements from the boards enumerated in section 1739 of this act the governor shall im- mediately have the same printed in one pamphlet and distributed to members and members-elect of the legislature not later than December 15th. Sec. 1742. LEGISLATION.] All persons, institutions and educational interests shall so far as possible submit to the state board of education on or before November 15th preceding the assembling of the legislative assembly any desired legislation affecting education or amendments to the existing school laws, which, together with any comments on the same that the board of education may care to make, shall be published, and copies thereof presented to the members of the legislature as here- inbefore provided in section 1741 of this act. EMERGENCY COMMISSION. Chap. 152, p. 194, 1915. Sec. 1. EMERGENCY COMMISSION.] An Emergency Commission consisting of the Governor, the Secretary of State, and the State Auditor is hereby established which shall exercise the powers and perform the duties hereinafter specified. The Governor shall be chairman of the board, and the Secretary of State the secretary. The Emergency Com- mission shall meet upon the call of the chairman thereof. The proceed- ings of the Emergency Commission shall be entered in a record book, or a minute book and no order of the Emergency Commission shall be valid unless so entered. Sec. 2. Whenever it shall be made to appear to the Emergency Com- mission by an itemized, verified petition of any board of control, board of regents, commission or officer authorized to expend public funds that an emergency exists, the Emergency Commission shall assume! that an emergency exists demanding such action and may order money trans- 36 GENERAL SCHOOL LAWS ferred from one fund to another fund belonging to or appropriated for the same institution or board or the same state enterprise, or in an ex- tremity to authorize money to be drawn from the state treasury to meet the emergency until such time as the legislative assembly can make ap- propriation available therefor. An endorsement by the Emergency Com- mission of the Itemized petition of a board of control, board of regents, commission or person heretofore mentioned shall be sufficient authority for the forming of any of the acts hereby delegated to th6 Emergency Commission; provided, however, the term emergency shall be limited to calamities or unforeseen happenings subsequent to the time of the mak- ing of appropriations to be effected by such transfer and which were clearly not within the contemplation of the legislative assembly and the Governor at the time of making such appropriation. And in no event shall it be within the authority of the Emergency Commission to increase the amounts to be expended for any specific purpose by more than ten per cent, and this shall only be done to meet a deficiency arising in an attempt to carry out the purpose of the appropriation. Sec. 3. It shall be the duty of the chairman of any board of control, board of regents, or other board or officer, authorized by the Emergency Commission to make extraordinary expenditures or use of funds trans- ferred or made available through an order of the Emergency Commis- sion, to make an itemized report to the Governor under oath, within two weeks after the close of each month during which any money shall have been expended or liability incurred pursuant to the order of the Emer- gency Commission showing the amount of money expended and for what purpose and showing what contracts have been made involving the ex- penditure of money in the future. The time covered by such report shall be the calendar month next preceding the date of said report. Sec, 4. It shall be unlawful for any board of control, board of regents, commissioners, directors or other officers having the control or manage- ment of any public institution or institutions of the state or any state activity or enterprise or having in any manner whatsoever the responsi- bility of disbursing or expending any money appropriated by the state, either directly or indirectly, or in any manner whatsoever to expend or agree or contract to expend in connection therewith any amount in ex- cess of the sum appropriated therefor, or to use an amount appropriated for any specific purpose or fund or for any other purpose without first having secured from the Emergency Commission an order duly made and entered, authorizing such use of such fund. Sec. 5. This Act shall not be construed as a legislative construction that any existing law gives to said Emergency Commission any broader or different powers than are herein declared. Provided, that all acts of the present and prior Emergency Commissions of this state authorizing the transference of money appropriated for one purpose to another pur- pose or from one fund to another fund are hereby validated and legalized. Sec. 6. Any officers mentioned in this Act who shall fail to make the report specified in Section 3 of this act or who shall in any report made STATE OF NORTH DAKOTA 37 to the Governor willfully make a misrepresentation or misstatement of the facts regarding such expenditures or other facts embodied in the report shall be guilty of a misdemeanor. Sec. 1823 and Sec. 1824. Repealed. Chap. 152, p. 194, 1915. Sec. 1825. TRUSTEES NOT TO BE INTERESTED IN CONTRACTS.] No member of any board of trustees or managers, or any officer or employe of any state, educational, charitable oi' correctional institution now existing in this state or which may hereafter be established by law shall be interested, directly or indirectly, in any contract, purchase or sale for or on account of the institution with which he may be con- nected. Sec. 1826. PENALTY.] Any violation of the preceding section shall be sufficient cause for removal from office. Sec. 1827. INVENTORY REQUIRED.] The person in charge of any state institution in this state shall, on the first Monday in July of each even numbered year, make a complete inventory of all property contained in or use4 in connection with such state institution, and within thirty days thereafter, said person shall transmit said inventory, with his cer- tificate thereto attached as to the correctness of the same, to the gover- nor of this state. Sec. 1807. STATE INSTITUTIONS TO DESIGNATE AN ACCOUNT- ING OFFICER.] The managing board of each of the state institutions shall designate an accounting officer. They shall also designate either the accounting officer or some other officer of the institution to act as a purchasing agent, whose duty it shall be to purchase all goods and sup- . plies needed for the institution under such rules and regulations as the managing board shall prescribe. Sec. 1807a. DUTIES OF ACCOUNTING OFFICER.] The accounting officer of each institution shall keep or supervise the financial accounts of the institution and shall perform such other duties as shall be prescribed by law or the managing board of the institution. He shall receive all miscellaneous collections to the credit of the institution from the sales of public property, board of inmates, labor of inmates, or from any other source, and he shall in all cases issue a receipt therefor. He shall, on the last business day of each month, draw an order on the institution treasurer in favor of the state treasurer for the amount of all miscellaneous receipts collected during the month. He shall forwaii therewith a statement showing from what source received and to what account or accounts such collections shall be credited. Sec. 1808. INSTITUTION TREASURER. DUTIES OF.] The manag- ing board of each state institution shall also appoint an institution treasurer, which treasurer shall be either some trustworthy person re- siding in the city or village at which the institution is located or some solvent national or state bank in such city or village. Such treasurer shall give a bond in such sum as the managing board may require, to be approved by the board and to be subject to the approval of the governor. It shall be the duty of such treasurer to hold and safely 38 GENERAL SCHOOL LAWS keep all public funds belonging to tbe institution which may come into his hands from any source and to pay out the same only on written orders signed by the accounting officer of the institution and counter- signed by a member of the managing board, who shall have been authorized by a vote of the board to sign such orders. Sec. 1809. CARE AND CUSTODY OF FUNDS BELONGING TO INMATES.] It shall be the duty of each superintendent of any state institution, when the care and custody of any funds belonging to inmates thereof is by law devolved upon him, to keep accurate accounts of such funds in books provided for that purpose, and to pay out such funds under such rules and regulations as may be prescribed by law or by the board of management, taking proper vouchers therefor in all cases; and every such superintendent shall give a bond in such sum as may be re- quired by law, or may be prescribed by the board of managers of such institution, to be subject to the approval of the state examiner, con- ditioned for the faithful performance of his duties and a due accounting for the funds intrusted to his care. Sec. 1810. FUNDS BELONGING TO INSTITUTIONS TO BE PAID TO SUPERINTENDENT.] Each officer and employe of the several in- stitutions shall pay over to the superintendent of the institution without delay any funds which may come into his hands belonging to any inmates of the institution and of which the superintendent is the legal custodian, and pay over to the accounting officer of the institution without delay any funds which may come into his hands belonging to the institution. Sec. 1811. DUTY OF ACCOUNTING OFFICER.] The accounting officer of each institution at the close of each month or oftener shall pay over to the institution treasurer all institution funds which may have come into his hands from sales of public property, board of in- mates, labor of inmates or from other sources and at the close of the fiscal quarter to draw an order on the institution treasurer in favor of the state treasurer for the amount of all such miscellaneous receipts, and at the same time to forward to the state auditor a statement of the amount of the same and the sources from which they have arisen. Sec. 1812. Repealed. Sec. 1813. Repealed. Sec. 1814. Repealed. Sec. 1815. DUTY OF STOREKEEPER.] It shall be the duty of the store keeper of each institution, or some person to be designated by the superintendent, to check off all goods and supplies, when received, by the invoices; to certify thereon the quantity and condition of the same, and to notify the superintendent or the accounting officer forthwith, in case such goods or supplies do not appear to be of the kind or the quantity purchased or bargained for. In case goods are received without an in- voice it shall be the duty of such store keeper or designated person to make a memorandum bill of such goods and verify thereon as herein required. Sec. 1738. POWER TO LEASE GRANTED.] The board of trustees STATE OF NOKTH DAKOTA 'SM or directors of the state university and school of mines, the state agricul- tural college, the state industrial school, the North Dakota academy of science, the state school of forestry and the various state normal schools and such other state institutions of learning of the state of North Dakota as may hereafter be established, shall have power to grant leases of land of portions of the campuses of said institutions to student and graduate student organizations for the purpose of erecting and main- taining thereon student clubhouses or dormitories; provided, that said organizations shall first have incorporated under the laws of the state of North Dakota and shall have submitted to the board of trustees or directors plans and specifications of the building proposed to be erected thereon; and, provided, further, that in relation to the conduct and be- havior of said organizations and their members in and about said premises and the use to be made of such buildings and premises said organizations and their members shall, in each instance, be subject to the management and control of the board of trustees or directors, and the faculty of the institution upon whose lands said lease is granted. Such premises and improvements thereon shall at all times remain under the absolute and exclusive control of the state, and the state or the board of trustees or directors of the institution upon whose lands such lease shall be granted may at any time revoke the same, and any such lease as may have been granted by any such board to any such organization for such purpose prior to the passage of this act is hereby legalized and must be considered as binding on the parties thereto, in so far as the same shall be in accordance with the provisions of this act and the con- stitution of this state. CHAPTER 2.— COUNTY ORGANIZATION ARTICLE 8. THE COUNTY SUPERINTENDENT OF SCHOOLS. Sec. 1121. ELECTION, TERM OF OFFICE.] There shall be elected in each organized county, at the same time other county officers are elected, a county superintendent of schools, whose term of office shall be two years, commencing on the first Monday in January following his election, and until his successor is elected and qualified. Sec. 1122. QUALIFICATIONS.] No person shall be deemed qualified for the office of county superintendent in any county, who is not a graduate of some reputable normal school or higher institution of learn- ing, or who does not hold at least a second grade professional certificate, and who has not had at least two years' successful experience in teach- ing, one year of which shall have been in this state. Sec. 1123. GENERAL DUTIES.] The county superintendent of schools shall have the general superintendence of the common schools in his county, except those in districts which employ a city superintendent of schools. Sec. 1124. VISITS.] He shall visit each common school at least once each year and carefully observe the conditions of the school, the mental 40 GENERAL SCHOOL LAWS and moral instruction given, the methods of teaching employed by the teacher, the teacher's ability, and the progress of the pupils. He shall advise and direct the teachers in regard to the instruction, classification, government and discipline of the school and the course of study. He shall keep a record of such visits and by memoranda indicate his judg- ment of the teachers' ability to teach and govern, and the condition and progress of the school, which shall be open to inspection by any school director. Sec. 1125. BLANKS, TEACHERS' MEETINGS.] He shall carry into effect all instructions of the superintendent of public instruction given within his authority. He shall distribute to the proper officers and to teachers all blanks furnished him by such superintendent, and needed by such officers and teachers. Acting under the instructions of the superintendent of public instruction, he may convene the teachers of his county not to exceed one Saturday in each month during which the public schools are in progress, or if the distance is too great he may convene the teachers of two or more districts in each of the several portions of his county in county or district meetings, for professional instruction and for such other work as may be approved by the superintendent of public instruction. Each teacher* shall attend the full sessions of such meetings when required, and participate in the exercise thereof, or for- feit one day's wages for each day's absence therefrom, unless such ab- sence is occasioned by sickness of the teacher or others to whom his at- tention is due; but when, on account of distance or otherwise, it would impose a hardship upon any teacher to attend, or would cause such teacher to neglect his school, the county superintendent may excuse such teacher from attendance. Sec. 1126. MEETINGS WITH SCHOOL OFFICERS.] He may ar- range for meetings with school officers at designated times and places, due notice of which has been given, for the purpose of inspecting the district records and instructing in the manner of keeping the same, and of preparing the reports of district officers. He shall visit the officers of the several school districts as often as may be necessary to secure the correct keeping of the records. Sec. 1127. ANNUAL MEETING OF SCHOOL OFFICERS.] He shall convene the members and clerks of the school boards in his county, or siich representatives of the school officers of each district as the presi- dent or members of the school boards may appoint, in case he or they cannot attend personally, for the purpose of discussing plans and meth- ods for the improvement and general care of the schools; provided, further, such general meeting shall not occur more than once in each year. Sec. 1128. RECORD OF ACTS.] He shall keep a record of all his of- ' ficial acts, and shall preserve all books, maps, charts, and apparatus sent him as a school officer, or belonging to his office. He shall file all re- ports and statements from teachers and school boards and shall turn them over to his successor in office. He shall be provided with a seal by which his official acts may be authenticated. STATE OF NOKTH DAKOTA 41 Sec. 1129. PREPARE MAPS.] He shall, on or before the first day of April of each year, prepare and furnish to the several assessors of the county a correct sectional map of their respective districts, showing the boundaries and names or numbers of all school districts therein. Sec. 1130. FILE LISTS.] Immediately after the July meeting of the school boards, the county superintendent shall file with the county audi- tor and the county treasurer a list of the names of all persons chosen as presidents and clerks of the several school boards in his county. Sec. 1131. APPORTION STATE TUITION FUND.] He shall make apportionment of the state tuition fund among the school corporations of the county, as provided in this chapter. Sec. 1132. TO DECIDE CONTROVERSY.] He shall decide all mat- ters in controversy arising in his county in the administration of the school law or appealed to him from the decision of school officers or boards. An appeal may be taken from his decision to the superintendent of public instruction, in which case a full written statement of the facts, together with the testimony and his decision in the case shall be cer- tified to the superintendent of public instruction for his decision in the matter, which decision shall be final, subject to adjudication or the proper legal remedies in the courts. Sec. 1133. ADMINISTER OATHS.] He shall have power to administer the oath of office to all subordinate school officers, and to witnesses and to examine them under oath in all controversies pending before him arising in the administration of the school laws; but he shall not receive pay for administering such oath. Sec. 1134. REPORT DELINQUENT TEACHERS, WHEN.] He shall see to it that the pupils are instructed in the several branches of study required by law to be taught in the schools, as far as they are qualified to pursue them. If any teacher neglects or refuses to give instruction as required by law in physiology and hygiene and the nature and effect of alcoholic drinks and other narcotics, the county superintendent shall promptly notify the secretary of the state board of education. Sec. 1135. REPORT TO STATE SUPERINTENDENT.] He shall, on or before the fifteenth day of September in each year, make and trans- mit a report to the superintendent of public instruction, containing such statistics, items and statements relative to the schools of the county, as may be required by such superintendent. Such report shall be made upon and conform to the blanks furnished by the superintendent of public in- struction for that purpose. He shall not be paid his salary for the last month of his official year until he presents to the county commissioners the receipt of the superintendent of public instruction for such annual report. Sec. 1136. DEPUTIES. HOW APPOINTED. SALARY.] In counties having fifty or more teachers under the supervision of the covmty super- intendent, the county superintendent may appoint an office deputy, for whose acts as such he shall be responsible, which deputy shall be entitled to a salary equal to sixty per cent of the county superintendent's salary; 42 GENERAL SCHOOL LAWS provided, further, that no office deputy shall receive more than one hundred dollars per month salary and not less than seventy-five dollars. Provided, in counties having one hundred and fifty or more teachers under the supervision of the county superintendent, the county superintendent shall be allowed a field deputy for each additional one hundred teachers under the supervision of such superintendent; such deputies shall be for the purpose of assisting the county superintendent in visiting schools and in the general supervision of the educational work of the county. They shall possess the qualifications of the county superintendent of schools and shall each receive a salary equal to eighty per cent of the county superintendent's salary. Approved March 7, 1919. Sec. 1137. SALARY AND EXPENSES.] The county superintendent of schools shall receive an annual salary equal to that paid to the register of deeds of his county, which "salary shall be paid monthly on the warrant of the county auditor on the county treasurer, and in addition thereto he shall receive fifteen cents per mile for the distance actually and neces- sarily traveled by him or his field deputy in the discharge of his duties within the county and ten cents per mile when in attendance at the meetings of the county superintendents when called by the state super- intendent of public instruction as provided by law. He shall at the end of every three months make and furnish to the county commissioners an itemized statement subscribed and sworn to of the distance so traveled in the discharge of his duties, which shall be audited and ordered paid by the board of county commissioners. Approved March 6, 1919. Sec. 1138. OFFICE POSTAGE AND STATIONERY.] He may pro- vide for himself a suitable office for the transaction of official business when not provided therewith by the county commissioners, and such com- missioners shall audit and pay his reasonable accounts for the use and furniture of such office. They shall also furnish him with all necessary books, stationery and postage. Sec. 1139. SHALL NOT ABSENT HIMSELF FROM COUNTY.] No county superintendent of schools shall engage in any profession or oc- cupation, nor shall he absent himself from the county or district for which he is elected, to engage in any occupation, profession or pursuit during the term for which he is elected for such time and in such manner as to interfere with the proper discharge of his duties as county super- intendent of schools. Sec. 814. QUALIFICATIONS OF JURORS.] * * * provided, that * * * county superintendents of schools, * * * shall not be compelled to serve as jurors in any of the courts of this state. STATE EX. REL. ROBERT BUTLER v. J. F. CALLAHAN. ENFORCEMENT OF RIGHT TO OFFICE BY MANDAMUS.] As a general rule, the writ of mandamus issues to admit in office a candidate holding a valid certificate of election, who has qualified by taking the STATE OF NORTH DAKOTA 43 official oath, furnishing the prescribed official bond, and who has de- manded possession of the incumbent. HOLDING OVER— INTRUDER NOT A DE FACTO OFFICER.] Where a de facto officer is exercising official functions under color of right, the writ does not issue to dispossess him; but where an incumbent is holding over after the expiration of his term, and until a successor is elected and qualified, and has no other claim to the office, he is not such de facto officer, as against a candidate who holds the proper certificate of elec- tion, and has qualified for the office in manner and form as the law directs. Such incumbent is a mere intruder, as against such relator. TITLE TO OFFICE NOT TRIED BY MANDAMUS.] The prevailing rule of law is that the title to an office will not be tried by mandamus. Some states hold otherwise. STATUTORY METHOD OF TRYING TITLE TO OFFICE.] In this state the title to a county office may be tried either by the statutory mode of contest, as provided by Sections 1489 — 1501, Comp. Laws; or by a civil action in the nature of quo warranto, initiated by an official representative of the county, as provided by Section 5345 et seq., Comp. Laws. PRIMA FACIE TITLE ADMITTED— ULTIMATE TITLE NOT IN ISSUE ON MANDAMUS.] In mandamus against a county officer hold- ing over after the expiration of his term; brought by a relator having a certificate of election, and who has duly qualified for the office by tak- ing the oath and giving the required bond, the relator's prima facie title to the office cannot be defeated by an answer which admits the prima facie title, but contains averments of fact which involve the ultimate title of the relator to such office. Such an answer is demurrable if it contains only such facts as would, if established, defeat the relator's ultimate title, in a proper proceeding to try title. RIGHT OF POSSESSION— AND ULTIMATE TITLE DIS- TINGUISHED.] In this case it appears by the averments in the alter- native writ that the relator has such prima facie title to the' office of county superintendent of schools of Cass County, and has demanded pos- session of the defendant. Defendant's answer to the writ admits the facts constituting such prima facie title, and alleges, as new matter, that the relator, when his term commenced, and for %ome time prior thereto, did not have or hold the educational certificate prescribed by statute (Sec. 34, Ch. 62, Laws 1890), or its equivalent. The trial court sustained relator's demurrer to the answer. Held, that such ruling was proper. Held, further, that the new matter in the answer had reference only to the relator's ultimate title to the office, and such title cannot be litigated in this proceeding, which involves only the right of present pos- session. In such cases the relator cannot be driven out of court by the mere fact that the incumbent pleads facts in his answer which call for a determination of the relator's ultimate title to the office, and only that title. 4 N. D. 481-2. (Opinion filed Jan. 28th, 1895.) 44 GENERAL SCHOOL LAWS THE COUNTY OF DICKEY v. W. E. HICKS. 1. SCHOOLS — COUNTY SUPERINTENDENTS — SALARIES.] Schools in special districts are not under the official supervision of county superintendents, and are not to be taken into account in com- puting their salary, under section 652, Rev. Codes 1899, following Dickey County V. Denning. 14 N. D. 73 and 74. 3. The county auditor of Dickey County, in good faith, but without authority of law, included in the defendant's monthly salary warrants the amounts which were due from the county to the clerks employed in his office. It was stipulated, and the trial court found, that defendant paid said clerks amounts in excess of those received from the county; that the sums paid were the reasonable value of their services; that their services were necessary; and that such payments were accepted by the clerks "as a complete discharge and satisfaction for the work done by each." Held, that a recovery by the county of the money thus paid to the defendant (its obligation to the clerks having been discharged) can- not be sustained. 14 N. D. 74. (Opinion filed February 4, 1905.) THE COUNTY OF DICKEY v. W. W. DENNING. SCHOOLS — COUNTY SUPERINTENDENTS — SALARIES.] Con- struing section 652, Rev. Codes 1899, which provides a graduated salary for county superintendents of schools corresponding to the number of schools or departments of graded schools under their official supervision in the preceding year, it is held that schools in special districts are not under their official supervision, and are not to be included in computing their salary. 14 N. D. 77. (Opinion filed February 4, 1905.) ZERLINA S. EAKIN v. L. C. CAMPBELL. APPEAL— TRIAL DE NOVO— STATEMENT OF CASE.] To secure a trial de novo in this court in actions tried to the court without a jury, under Sec. 5630, Rev. Codes 1899, it is necessary that the statement of case settled shall in fact contain all of the evidence offered and pro- ceedings had at the trial, as well as the specifications required by said section. It is accordingly held that the failure of appellant to incorporate in the statement certain exhibits, which were offered in evidence in the trial court, oy to have the same officially identified as constituting a part of such stateinent, precludes this court from trying the case anew. ELECTION CONTEST— EVIDENCE SUPPORTS FINDING.] This is an election contest. The trial court found that the plaintiff and con- testant had a majority of the votes cast upon thcj official precinct re- turn; further, that she also had a majority upon a count of the ballots of the only precinct in dispute. It is held that these findings support the judgment appealed from, which declares the plaintiff to have been elected and awards to her the office in dispute. 10 N. D. 416. (Opinion filed Oct. 16, 1901.) STATE OF NORTH DAKOTA 45, FRANCES MARIAN WAGAR v. HELEN PRINDEVILLE. 1. VOTERS AND ELECTIONS— WORDS AND PHRASES— QUAL- IFIED ELECTORS.] Qualified electors, as defined by section 121 of the Constitution, are male persons only, possessing the other qualifications therein enumerated. 2. VOTERS AND ELECTIONS — QUALIFIED ELECTORS — WOMEN.] Women entitled to vote for school officers under the pro- visions of section 128 of the Constitution constitute a class separate from electors, as above defined, and only possess a limited elective franchise. 3. VOTERS AND ELECTIONS — REGISTRATION — WOMEN VOTERS.] The provisions of the registration law of this state contained in sections 732 and 746, both inclusive. Rev. Codes 1905, do not require women to register or furnish an affidavit, as required of electors who are not registered, to entitle them to vote for school officers. 21 N. D. 245. (Opinion filed February 10, 1911.) STATE EX. REL. GEORGE C. WILES V. GOTTFRIED HEINRICH. APPROPRIATION FOR SCHOOLS— CLERK HIRE.] That portion of Sec. 652, Rev. Codes 1899, that provides that "in counties having sixty schools the board of county commissioners shall appropriate one hundred dollars for clerical assistance in the county superintendent's office and five dollars for each additional school to be paid monthly * * * con- strued. Held, that the appropriation required be made by said section is not for the personal benefit of superintendents, but is to create a fund to pay the county's obligation to such clerks a^ shall be lawfully employed in that office. Held, further, that said section does not make county superintendents custodians of such funds, or authorize them' to audit the accounts of clerks which are to be paid therefrom. Such ac- counts are to be audited and paid the same as other accounts, the amounts of which are to be fixed by law. RELATOR NOT ENTITLED TO SUE OUT WRIT.] The trial court found that the relator during his incumbency of the office of superinten- dent of schools had clerical assistance in his office; that the county made no appropriation therefor, and has not paid the clerks so employed, but that they were paid by the relator from his individual funds, and, as a conclusion of law therefrom, found that the relator was entitled to a peremptory writ of mandamus, requiring the county commissionars to appropriate and pay him the amounts due him for such clerk hire. Held that the conclusion is erroneous, for the reason that no clerk hire was due to the relator, but on the contrary, that, if any legal liability rested upon the county, it was to the clerks so employed; that such obligation still exists, and was not discharged by his unauthorized payments; fur- ther, that to permit a recovery by the relator would subject the county to a double liability. COSTS OF UNNECESSARY PRINTING ON APPEAL.] Appellants, although successful in this court, are not entitled to recover for printing 46 GENERAL SCHOOL LAWS unnecessary and useless matter in their abstract. In this case their re- covery for printing is limited to the 20 pages which contain the record on the questions which are properly presented for review. 11 N. D. 31. ARTICLE 9. OTHER. COUNTY AGENCIES. (a) The Board of County Commissioners. Sec. 3293. BOARD TO PROVIDE OFFICES.] * * * jn any county where there is no court house or jail erected by the county, or where those erected have not sufficient capacity, it shall be the duty of the board (county commissioners) to provide * * * offices for the following named officers: * * * county superintendent of schools, to be furnished by such county in a suitable building at the low- est rent to be obtained at the county seat; or to secure and occupy suitable rooms at a free rent within the limits of the county seat or any of the additions thereto until such county builds a court house. (b) State's Attorney. Sec. 3376. DUTIES OF STATE'S ATTORNEY.] The state's attorney is the public prosecutor, and must: * * * 6. Give, when required, and without fee, his opinion in writing to the county, district, township and school district officers, on matters relat- ing to the duties of their respective offices. * * * (c) The Auditor. Sec. 1149. PLATS OF SCHOOL DISTRICTS PREPARED BY COUNTY AUDITOR. RECORD.] The county auditor shall prepare a record or plat of his county showing the boundaries, name or number of school districts in said county which record shall remain on file in his office. Whenever the boundaries of a school district! are changed or a new school district organized the county auditor shall make a record of the same. (d) School Officials and Teachers Prohibited From Receiving Com- mission. Sec. 1529. MISDEMEANOR TO RECEIVE COMMISSION, FEE OR REWARD.] Every county superintendent of schools, deputy thereof, school district directors, clerk, treasurer, principal of a school or teacher therein who shall receive any commissions, fee or reward for or on ac- count of any school books, furniture or other supplies purchased during the incumbency of such official, principal or teacher for the use of the school district or school under the supervision of such official, principal or teacher, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars and not exceeding five hundred dollars and may be removed from his office. (e) Official Reports of County and Other Officers. Sec. 3542. PENALTY.] Any county, city, village, civil township, school township or school district officer, who is required by law to make an official report to any other county, city, village, civil township, school township or school district officer, board, tribunal or state officer, and who willfully neglects to make such report, or fails to perform such of- STATE OF NORTH DAKOTA fiicial duties, shall forfeit and pay to the state a penalty of not less than ten nor more than two hundred dollars, to be recovered from such de- linquent officer, or from him and the sureties upon his official bond, in a civil action to be brought by the state's attorney in any court of record having jurisdiction. Sec. 3543. EXAMINATION OF RECORDS. STATE'S ATTORNEY TO PROSECUTE,] At the end of the term of office of each county officer, or at any time it may seem advisable, it shall be the duty and authority of the board of county commissioners to examine the records of his office to ascertain if they have been properly kept, or to secure such examination by the state examiner or other competent accountants. Any failure or irregularity discovered must be remedied, or it shall be- come the duty of the state's attorney to prosecute an officer guilty there- of for neglect as provided in the last section. It shall also be the duty of the city council, board of aldermen, village -trustees, civil township supervisors, school township or school district board, as the case may be, to examine the records of their several officers in a like manner, or to employ a competent accountant to make such examination. Upon com- plaint of irregularity by the proper board the state's attorney shall pro- secute as provided in the last section. Sec. 3544. BLANKS TO BE FURNISHED.] It shall be the duty of the county, city, village, civil township, school township or school dis- trict officer to provide at the expense of the county, city, village, civil township, school township or school district such blanks and records as are necessary for making the proper record and the transaction of any official business connected with the office. Sec. , 3312. OFFICERS TO FILE ITEMIZED STATEMENT WITH COUNTY AUDITOR.] It shall be the duty of every officer in charge of any institution, office or undertaking supported wholly or in part by the county, to file with the county auditor, on or before March fifteenth of each year, on suitable blanks furnished by him, an itemized statement of the amounts of moneys which, in the opinion of such officer, will be required for the proper maintenance, extension or improvement of such institution, undertaking or office for the fiscal year next ensuing. CHAPTER 3.— DISTRICT ORGANIZATION ARTICLE 10.— COMMON SCHOOL DISTRICTS. (a) Territory, Boundaries, Names and Changes Thereof. Note: Readers will notic© that there are four forms of school districts provided for in our laws, each with its different form of board of edu- cation, namely: 1. Common School Districts; 2. Special Districts; 3. Independent Districts; 4. Districts in certain cities. Common school districts are administered by a board of three mem- bers; one is elected each year for a period of three years; the treasurer 48 GENERAL SCHOOL LAWS is elected each even numbered year for a term of two years. The Board appoints as clerk a person who is not a member of the Board. In the special districts, the boards of education consist of five mem- bers, two of them to serve until the first annual election; two until the second annual election and one until the third annual election; thereafter their terms to be determined by law. Independent school districts are administered by a board consisting of one member from each ward of the city; when the city has an even number of wards, one member additional is elected at large and when' the city has an odd number of wa,rds, two members are elected at large. In districts in certain cities, the board of education consists of seven members, elected at large; two members of such board are. elected an- nually and three triennially. Sec. 1140. EACH SCHOOL DISTRICT A CORPORATION.] Each and every schooj' district in this state now legally organized or which shall be organized hereafter shall be and is hereby constituted a public corporation to be known and designated as school district No of County, State of North Dakota, with its proper name or number inserted in the blank space provided and with the name of the county insertec^ in the blank before the word county; and in its own proper name, or number, as such corporation it may sue and be sued, contract, and be contracted with and may acquire, purchase, hold and use personal and real property for school purposes or for the purposes mentioned in this act and may sell and dispose of the same. Sec. 1141. WHAT TERRITORY MAY BE ORGANIZED INTO DIS- TRICT SCHOOL CORPORATIONS.] The county commissioners of each county in the state shall organize into a school district any territory not, at the taking effect of this act, already organized into a school dis- trict upon being petitioned so to do by at least one-third of .the residents of such territory having the care and custody of any child of school age; provided, such territory shall consist of not less than one congressional township and shall have at least twelve thousand dollars in taxable property and at least ten children of school age residing therein. Sec. 1142. WHEN SCHOOL CORPORATIONS MAY BE DIVIDED AND ATTACHED TO OTHER DISTRICTS.] If a portion of any such school district having not more than ten children of school age residing therein is separated from the other portion of such district by any natural obstacle which practically prevents such children from attending school in such other portion, the county commissioners of the county may annex such portion so separated, to an adjoining school district, and the portion so annexed shall constitute a part of such adjacent school dis- trict. If such adjacent district lies in another county, the county com- missioners of the two counties may jointly make such annexation; pro- vided, that whenever portions of a school district lie in different civil townships there may be created therefrom two or more distinct school districts, when in the judgment of such commissioners and the county STATE OF NORTH DAKOTA 40 superintendent, such change can be made without detriment to the school or to the pupils therein, and the division can be made by following the boundary line or lines of congressional townships, or the meander lines of the government survey. Sec. 1143. ANNEXATION OF SCHOOL DISTRICTS.] If a town or village not organized into a special district is divided by a civil township line or if such town or village is divided by any county line, the county commissioners of such county, or the county commissioners of such ad- jacent counties acting in joint session, as the case may be, may, when .petitioned so to do by a majority of the voters of each part of said town or village, annex one part of such town or village to the adjacent school district which includes the other part of such town or village and the part so annexed shall constitute a portion of such adjacent district. Sec. 1144. WHEN CIVIL TOWNSHIPS MAY CONSOLIDATE INTO SCHOOL DISTRICTS.] In any county in this state, if a civil township, having less than fifteen persons of school age residing therein, by reason of the irregular course of natural boundary, contains less than twelve square miles of territory, it shall constitute a portion of the adjacent school district with which it has the longest common boundary line. Sec. 1145. DISTRICTS NAMED.] Each school district constituted or formed under the provisions of this article, shall be designated a school district as distinguished from a civil township or congressional town- ship, and shall be named as follows: Each school district which consists of a civil township shall be named " School District of County,, State of North Dakota," with the name of the civil township inserted in the blank before the word "school" and the name of the county in which it is situated inserted before the word "county." Each school district which consists of territory not or- ganized into a civil township, but which has already a distinctive name, may by a majority vote at any annual school election, after such terri- tory has been organized into a civil township, change such distinctive name to conform to the name given the civil township. Each school dis- trict consisting of territory not organized into a civil township which has no distinctive name shall be named "School District No of County, State of North Dakota," which is organized for school purposes under the district system at the taking effect of this act, the several school districts shall retain and be known by the number which they have respectively at the time of the taking effect of this act and any school district hereafter formed in any such county shall be known by the number next higher than that of the highest pre-existing numbered district. Chapt. 134, p. 171, 1915. Sec. 1. CHANGING NAMES OF DISTRICTS.] The district school board of any school district in this state being petitioned so to do by a majority of the school voters residing in the district shall submit to the qualified voters at the next school election any proposed change in the name of such school district. Upon ratification of the proposed change in the name of the school district by a majority of the ballots 50 GENERAL SCHOOL LAWS cast on the question, such school district shall be named accordingly. It shall be the duty of the clerk of the school board of such school district to notify the county auditor, the county superintendent and the state superintendent of public instruction of any change in the name of lis school district. Chapt. 211, p. 297, 1915. Sec. 1146. BOUNDARIES, HOW CHANGED.] The Board of Couny Commissioners and County Superintendent of Schools upon being pel i- tioned so to do by a majority of the school voters residing in the distrit ts whose boundaries will be affected, shall submit to the qualified voters at the next annual school election any proposal to change the boundaries of any school district or to consolidate two or more districts already or- ganized. Upon ratification of the proposed change of boundaries the County Commissioners shall arrange the boundaries as directed. Chapt. 213, p. 302, 1917. Sec. 1147. NEW COMMON SCHOOL DISTRICTS. HOW ORGAN- IZED.] The Board of County Commissioners and County Superintendent may organize a new school district from another district or from the portions of districts already organized, if in their judgment the organiza- tion of a new district is desirable and necessary, upon being petitioned so to do by at least two-thirds of the school voters residing in the pro- posed district. When two or more adjoining counties are affected, such proposed new district shall be organized by the concurrent action of the boards of county commissioners and county superintendents of such counties. Action on such organization shall be taken only at the July meeting of the county commissioners. Provided, that all assets and liabilities shall be equalized according to Section 1327 of the Compiled Laws of North Dakota for the year 1913. Approved March 7, 1919. Sec. 1148. PUBLIC NOTICE GIVEN.] Whenever the board of county commissioners and county superintendent of schools shall be petitioned to organize a new school district or to change the boundaries of districts already organized, the county superintendent shall give public notice, for at least thirty days, to the residents of the districts whose boundaries will be affected by the organization of the new district, by mailing a notice to that effect to each school officer of such districts, and by pub- lishing the same in the official newspaper of the county published nearest that district. Sec. 1149. PLATS OF SCHOOL DISTRICTS PREPARED BY COUNTY AUDITOR. RECORD.] The county auditor shall prepare a record or plat of his county showing the boundaries, name or number of school districts in said county which record shall remain on file in his office. Whenever the boundaries of a school district are changed or a new school district organized the county auditor shall make a record of the same. Sec. 1150. LEGALIZING IRREGULARITIES.] All school districts, whether duly and legally organized under the provisions of statute, or not, which for one year or more last past had a de facto organization, and also all school districts, whether duly and legally organized under STATE OF NORTH DAKOTA 51 the provisions of statute or not, which have heretofore attached or at- tempted to attach territory out side of the limits thereof and adjacent to such district, and now included in the territory comprising or exercising the powers of such school district, are hereby declared to be legally or- ganized and are authorized to exercise all the functions of school districts which have been duly and legally organized as provided by statute, with the boundaries which they may have at the time of going into effect of this' article, and all contracts and obligations of said districts and the acts of the officials thereof are hereby ratified and confirmed so far as to give them the same validity which they would have had if such dis- tricts had been legally organized. (b) Election of Officers in Common School Districts. Sec. 1151. OFFICERS TO BE ELECTED.] On the first Tuesday in June of each year there shall be elected one school director for the term of three years and on the first Tuesday in June of each even numbered year a school treasurer for the term of two years. Such officers shall hold their respective offices from the second Tuesday in July following their election for the number of years respectively for which they were elected, and until their successors are elected and qualified. At the first election for the organization of a new school district there shall be elected at large for such school district three directors, one to serve until the first annual election, one to serve until the second annual election thereafter and one to serve until the third annual election thereafter, and a school treasurer to serve until the annual election in the next even numbered year and until his successor is elected and qualified. Sec. 1152. POLLING PLACES, HOW ESTABLISHED. APPOINT- MENT OF ELECTION OFFICERS.] The county superintendent in each county shall, at least twenty-one days prior to the first election in the new district, fix and designate some polling place in each school district so located as to be convenient for the voters of such district, and shall appoint two persons to act as judges and two to act as clerks of the election of such school officers; such judges and clerks shall be qualified voters in their respective districts. The county superintendent shall notify in writing such judges and clerks of their appointment, and of the place fixed and designated as the polling place in their respective districts and shall furnish them with the necessary blanks and poll books for such election. He shall also furnish one of such clerks with three notices of such election specifying the time and place at which such election is to be held. The officers to be elected and term of each which notices such clerk shall post in three of the^ most public places in the district at least fourteen days prior to such election. The county super- intendent shall fix the date and perform such other duties as devolve upon him by the provisions of this section for the first election in any school district hereafter formed under the provisions of this chapter, and such election shall be called by the county superintendent within thirty days after the formation of such school district. Sec^ 1153. WHO QUALIFIED TO VOTE OR TO HOLD OFFICE.] At any election of school officers in any school district in this state all 52 GENERAL SCHOOL IjAWS persons who are q-ualified electors under the general laws of the state and all women twenty-one years of age having the necessary qualifica- tions as to citizenship and residence required of male voters by law, shall be qualified voters and shall be eligible to the office of county super- intendent of schools, school director, district treasurer, school district clerk, or member of the board of education, or may be judge or clerk of such election; provided, however, that the county superintendent shall possess the educational qualifications named in section 1122. Sec. 1154. HOURS POLLS OPEN.] At all elections for school district officers the polls shall be opened at 2 o'clock p. m. and closed at 5 o'clock p. m. Sec. 1155. NOTICE OF ANNUAL ELECTION.] At least fourteen days before the first Tuesday in June of each year the district school board of each school district shall designate one polling place as con- venient as possible to the voters of such district at which such annual election shall be held, and shall cause notice of such election to be posted in at least three of the most public and conspicuous places within the dis- trict. Such notices shall be signed by the clerk or in his absence by the president of the district school board, and shall state the time and place of holding such election, and the officers to be elected and their terms of office, and shall be substantially in the following form: Notice is hereby given that on Tuesday, the day of June, A. D. 19 .... , an election will be held at (here in- sert polling place) for the purpose of electing (here insert officers to be elected and term each is to serve) for School District No or for (here insert name of school district). The polls will be opened at 2 o'clock p. m. and closed at 5 o'clock p. m. of that day. j By order of School Board, Signed Sec. 1156. JUDGE'S OATH.] At such annual election any two of the directors of the school district may act as judges and the clerk of the district school board and one other person to be chosen by the voters present at the opening of the polls, shall act as clerks. The voters present at the opening of the polls shall choose a person to fill ^ny vacancy caused by the absence of either of such officers to act as judge or clerk of such election. Before opening the polls each of the judges and clerks of election shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will perforin my duties as judge or clerk (as the case may be) according to law anl^ the best of my ability." Such oath or affirmation may be administered by any officer authorized to administer oaths or by either of the judges or clerks. Any school officer elected and qualified under the provisions of this chapter is authorized and empowered to administer any oath or affirmation pertaining in any manner to school offices. Sec. 1157. ELECTION, HOW CONDUCTED, CANVASS OF VOTES,] STATE OF NORTH DAKOTA 58 Such election shall be conducted and the votes canvassed as provided by law for general elections, except as otherwise provided in this chapter. Immediately after the polls are closed the judges shall proceed to count and canvass the votes for each person voted for at such election for any office, and the person receiving the highest number of votes for the office of directors shall be declared elected. If the election results in a tie the district clerk shall immediately notify in writing the parties hav- ing received such tie votes, and a time shall be agreed upon by the parties, within three days after the election, at which the election shall be decided in the manner that may be agreed upon by the parties in the presence of the judges and clerks of election, and record of the pro- ceedings shall be made in the records of the district clerk. • Sec. 1158. CERTIFICATE OF ELECTION.] The clerk of the school district shall within five days after such election furnish each person elected to any district office, a written notice of his election and of his duty to take the oath of office as such officer on or before the second Tuesday in July following such election. He shall also forward to the county superintendent within ten days after such election, a certified list of all the officers elected thereat. Sec. 1159. OATH OF OFFICE.] Each person elected to the office of school director or district treasurer shall before entering upon the duties of his office take and subscribe the oath prescribed in section 211 of the Constitution, which oath shall be filed with the clerk of the school district board. (c) Organization Meetings and Duties of Common School Officers. Sec. 1160.. ORGANIZATION, CLERK.] The school board shall meet annually on the second Tuesday in July and organize by choosing one of the members president, and a competent person, not a member of the board, clerk, who shall hold office during the pleasure of the board. Sec. 1161. QUORUM OF BOARD.] The three school directors in each school district shall constitute the district school board. A majority of the board shall constitute a quorum and the agreement of a majority shall be necessary to the validity of any contract entered into by the board. Sec. 1162. MEETINGS OF BOARD. FEES.] The board shall, on the second Tuesday in January, April, July and October of each year, hold regular meetings for the transaction of business at such hour and place as may be fixed by the board. A special meeting may be held upon the call of the president or the other two members. Written notice of the time and place of any special meeting shall be given to each member of the board at least forty-eight hours before the time of such meeting. Each member of the board shall be paid the sum of eight dollars per annum, less two dollars for each regular meeting which he fails to at- tend; provided, that in any common school district which contains a graded school of three or more departments the board shall hold regular meetings for the transaction of business on the second Tuesday of each month at such time and place as may be fixed by the board, and in such 54 GENERAL SCHOOL LAWS districts the members of the board shall receive a compensation of one dollar for each meeting attended; provided, further, the members and clerks receive ten cents a mile for the distance necessarily traveled in attending general meetings of school officers convened by the county superintendent and also a salary of two dollars, but the total sum of such salary and mileage shall not exceed seven dollars for each officer at any one meeting. Sec. 1163. DUTIES OF THE PRESIDENT.] The president shall preside at all meetings of the board, and shall perform such duties as usually pertain to such office, and in accordance with the customary rules of order. In his absence a president pro tempore shall preside. The president shall perform such other duties as are prescribed in this chapter. Sec. 1164. DUTIES OF CLERK. COMPENSATION.] The clerk of the board shall keep an accurate record of all proceedings of the board, give or post all notices, make out all reports and statements and perform all other duties required by law or by the board. He shall receive such compensation as shall be fixed by the board, not less than ten dollars for one school and five dollars for each additional school in his district; pro- vided, that such salary shall not exceed fifty dollars in any one year; provided, further, that the clerk shall receive such additional compensa- tion for taking the annual school census as the board may allow. Sec. 1165. TREASURER'S BOND. HOW APPROVED. VACANCY. HOW FILLED.] The school treasurer shall on or before the second Tuesday in July following his election and before entering upon his duties, give a bond to the school district conditioned for the honest and faithful discharge of his duties and that he will render a true account of all funds and- property that shall come into his hands and pay and deliver the same according to law. Such bonds shall be in such sum as may be fixed by the board but not less than double the sum to come into his hands in any one year as nearly as may be ascertained, which bond shall be signed by two or more sufficient sureties, to be approved by the school board. In case the school board neglects or refuses to approve; the bond of such treasurer and the sureties thereon, such treasurer may present the same to the county superintendent and serve notice thereof upon the board and due ptoof of such notice being made to the county superintendent, he shall, unless good cause for his delay appears, proceed to hear and determine the sufficiency of the bond and the sureties there- on, and may approve or disapprove the same as the facts warrant. In case of a failure to elect a successor to any school treasurer at the ex- piration of his term of office, the said treasurer holds over and he shall be required to give a new bond, within ten days after notice by the board. In case of a failure so to do, a vacancy shall be deemed to exist in said office and shall be filled as provided by law. In case a vacancy occurs in the office of the school treasurer, it shall be the duty of the county treasurer of the county wherein such school district is located, upon be- ing notified by the county superintendent or clerk of such school district STATE OF NORTH DAKOTA 55 that such vacancy exists, to perform the duties of treasurer of such school district until the vacancy is duly filled. Sec. 1166. WHEN ADDITIONAL BONDS REQUIRED.] Whenever the amount in the hands of the treasurer or subject to his order exceeds two-thirds of the penal sum of his bond or when in the judgment of the board or of the county superintendent the security on such bond is im- paired, the board or county superintendent shall require an additional bond. If the treasurer fails for twenty days to give such additional bond, the office shall be declared vacant and the vacancy shall be filled as pro- vided by this chapter. Sec. 1167. SURETY BONDS. PREMIUMS. HOW PAID.] Every person hereafter elected to the office of district treasurer within the state of North Dakota, be, and is, hereby required to give an official bond in a penal sum to be fixed by the board of directors, which bond shall not be in a less penal sum than double the amount of money likely to come into his hands in any one year, and such board may by resolution require that such bond shall be executed by some responsible fidelity or surety company authorized and qualified to do business in the state of North Dakota, and subject to approval as provided by law; provided, further, if a surety bond is given it shall be for a sum fixed by the board of direc- tors. The amount of premiums for such surety or fidelity bond shall be audited by the board of directors and paid out of the general fund of the district. STATE BONDING FUND Chapt. 158, p. 238, 1919 Sec. 2. On or before the time any such public employee shall take office and assume his duties, the state auditor, county auditor, city auditor, village clerk, town clerk or school clerk, as the case may be, shall report to the commissioner, [state commissioner of insurance,] the fact of the election or appointment and the amount of the bond re- quired of such public employee and shall therewith remit by check, draft or express or postal money order the premium herein required. Sec. 3. Such report shall be made in such form and manner as the commissioner shall prescribe. Unless such report with payment of the premium shall be made within ten days after the service of such public employee has begun, the officer or officers whose duty it shall be to tuake such report and payment shall, during the term of such default on his or their part, by force of this act, be liable as sureties on the bond of such public employee, with the same effect and to the same extent as if said bond had been duly signed, approved and filed as otherwise provided by law. In addition thereto any officer guilty of such default shall be liable to punishment for a misdemeanor. No compensation shall be paid to any public employee unless such report and payment shall have been made to the Commissioner or a bond shall have been filed in lieu thereof as provided in this Act. Sec. 4. The premiums for such insurance shall be twenty-five cents per year per hundred dollars of the amount of the required bond. Such 5« GENERAL SCHOOL LAWS premium shall be paid in advance by the proper authorities of the State or any of its subdivisions from its respective treasurers to the state treasury, who shall keep the same in a fund to be known as a "state bonding fund," and who shall issue quadruple receipts therefor, one to be filed in his office, and one each, to the official making such pay- ment, the commissioner and the state auditor. The minimum premium for each public employee shall be $2.50 per year. Unless the term of office or employment shall be for a shorter period, payments shall be made for one year or for such longer terms as the commissioner may prescribe. Sec. 14. Any person elected or appointed to office may furnish in lieu of such insurance provided for in this Act, a bond by personal sure- ties or by a surety company, but no officer or board of the state or of any county, city, town, village, school district or township shall have the right to pay for any such bond or bonds out of any public funds, except for such bonds as are procured to replace insurance cancelled by the Commissioner or to cover the excess over the amount carried in the State Bonding Fund. Approved March 5, 1919. Sec. 1168. SCHOOL FUNDS. HOW PAID OUT.] The school treas- urer shall keep such account and make such reports as are required of him by law. He shall pay no money out of the funds in his hands except upon the warrant of the school board, signed by the president and countersigned by the clerk. He shall pay all warrants properly drawn and signed when presented, if there is any money in his hands or sub- ject to his order for their payment. Sec. 1169. WARRANTS TO BE ENDORSED WHEN NO FUNDS -TO PAY.] When a school district warrant is presented to the district treas- urer for payment and there is no money in his hands or subject to his order belonging to the proper fund for the payment of such warrants, he shall indorse on such warrant, "presented for payment this day of 19 ... , and not paid for want of funds," and shall sign such indorsement. If he has in his hands or subject to his order money for the part payment of such warrant he shall make such part payment and indorse the sum on the warrant and add "balance not paid for want of funds," signing the same. He shall keep a correct register of all warrants so presented and indorsed. Each warrant thus presented and indorsed shall draw interest on the amount unpaid at a rate not to exceed seven per cent per annum from the date of such presentation and indorsement until paid; provided, that when there shall come into the hands of the treasurer or subject to his order, money ap- plicable to the payment of any warrant which has been so presented and registered, he shall notify in writing by mail, the drawee of such warrant at his last known place of residence, to present such warrant for payment, and interest shall cease upon every warrant ten days after such notice shall have been sent, and such money shall be held for the pay- ment of such warrant. Sec. 1170. WARRANTS, WHAT TO SPECIFY.] Each warrant STATE OF NORTH DAKOTA 57 drawn by the clerk or the board on the district treasurer must specify the purpose for which it is drawn, the fund on which it is drawn and the person to whom payable; and no warrant shall be issued except for in- debtedness incurred prior to its issue. Sec. 1171. OATHS AND BONDS. WHERE TO BE FILED.] All of- ficial oaths and bonds of school district officers shall be filed with the district clerk, who shall) immediately certify to the county superintendent the fact of such oaths and bonds being filed. Said clerk shall file school treasurer's bond with the county auditor after such bond has been ap- proved by the district school board, as provided in this chapter. In case of the breach of any of the conditions of the treasurer's bond, the board, through its president, and in case of his refusal so to do, the county superintendent, shall cause an action to be commenced and prosecuted thereon in the corporate name of the district, and any money collected for the district shall be paid to the district treasurer and any money col- lected for fines shall be paid into the county treasury and be credited to the general school fund of the state. If the board and county superinten- dent both fail or refuse to bring such action, any taxpayer in the district may commence and prosecute such action, and the necessary expense thereof shall be paid out of the district treasury unless otherwise ordered by the court. Sec. 1172. SALARY OF SCHOOL TREASURER.] The school treas- urer shall be paid for his services such sum as shall be fixed by the board not less than five nor more than twenty-five dollars per annum. (d) Powers and Duties of Common School Boards. Sec. 1173. GENERAL POWERS.] The district school board shall have the general charge, direction and management of the schools of the district, and the care, custody and control of all the property belonging to it, subject to the provisions of this chapter; provided, that in the employment of teachers, no person related by blood or marriage to any member of the district board shall be hired without the unanimous con- sent of the board. Sec. 1174. POWER TO ESTABLISH SCHOOLS.] It shall organize, maintain and conveniently locate schools for the education of children, of school age within the district, and change or discontinue any of them as provided by law. Sec, 1175. REPAIRS, FUEL AND SUPPLIES.] It shall make all necessary repairs to school houses, outbuildings and appurtenances, and shall furnish fuel and all necessary supplies for the schools and provide for janitor service. Sec, 1176, FURNITURE, MAPS, REGISTER, SCHOOL LIBRARY.] The district school board shall, with the approval of the county super- intendent of schools, furnish to each school all necessary and suitable furniture, maps, charts, globes, blackboards, and other school apparatus, including any dictionary which is recognized as a standard authority. The school register and all school blanks used shall be those furnished by the state department of public instruction. It shall appropriate and ex- 58 GENERAL SCHOOL LAWS pend each year not less than ten dollars ($10.00), or more than twenty- five dollars ($25.00), for each school of the district for the purpose of school library, to he selected by the school board and the teacher, frona any list of books authorized by the superintendent of public instruction, and furnished by him to the county superintendent for that purpose; provided, that all books purchased for the library shall be bound in cloth or some material equally as durable; provided, further, that when a school board of a common school has purchased and has in. their library two hundred books as afore provided, that the school board having such school under their supervision shall be obliged to expend not less than five dollars ($5.00), annually, until such library shall contain, in good condition, three hundred volumes, after which said school board shall not be obliged to purchase so as to increase the number, but shall keep the books in good condition, and replace annually as > many books as may become lost or destroyed. Chapt. 132, p. 170, 1915. Sec. 1177. CARE OF LIBRARY. LIBRARIAN.] It shall have the care and custody of thfe library and may appoint as librarian any suitable person, including one of their number, but whenever practicable, the library shall be kept in the school house and always so when school is in session. It shall make rules to govern the circulation and care of the books while in the hands of the pupils or other persons, subject to the general rules as may be prescribed by the state superintendent of public instruction, and may impose and collect penalties for injuries done to any book by the act, negligence or permission of the person who takes the same or while in his possession, but no book shall be loaned to any person not a resident of the district. It may at any time temporarily exchange any part or all of its library with any other district or persons, so far as different books may be obtained, but each district shall recall its books before the close of the school term. It may at any time accept donations of books for the library, but it shall exclude therefrom all books unsuited to the cultivation of good character and good morals and manners, and no sectarian publications, devoted to the discussion of sectarian differences and creeds shall be admitted to the library. It shall be held accountable for the proper care and preservation of the library, and shall report annually to the county superintendent all library statis- tics which may be required by the blanks furnished for that purpose by the superintendent of public instruction. Sec. 1178. TEACHERS. HOW EMPLOYED. SALARIES.] It shall , employ the teachers of the school district and may dismiss a teacher at any time for plain violation of contract, gross immorality, or flagrant neglect of duty. No person shall be permitted to teach in any public • school who is not the holder of a teacher's certificate or a permit to teach, valid in the county or district in which such school is situated, and every contract for the employment of a teacher must be in writing and such con- tract must be executed before such teacher begins to teach in such school; provided, that no teacher holding a valid certificate shall receive less than forty-five dollars per month. Nothing in this section shall be con- STATE OF NORTH DAKOTA 59 strued to mean that teachers holding the same grade certificate must necessarily receive the same salary. Sec. 1179. PUPILS FROM OTHER DISTRICTS.] It shall have the power to admit to the schools in the district, pupils from other districts, when it can be done without injuring or overcrowding such schools, and shall make regulations for their admission and the payment of their tuition. It shall have the power to arrange with the board of another district for sending to such district such pupils as can conveniently be taught therein, for paying their tuition, and for arranging and paying for their transportation to and from the school in such district; and when petitioned by a majority of the voters of a district it shall be the duty of the board of any district to arrange for sending to such district such pupils as can conveniently be taught therein, for paying their tuition and for arranging and paying for their transportation to and from the school in such district. It shall have the power to admit to the schools in the district, pupils residing in unorganized territory adjacent to the district, and to arrange with the parents or guardian of such pupils for paying their tuition; but in no instance shall a board refuse privileges to or collect tuition from pupils residing in such adjacent un- organized territory, if the parents of such pupils are property holders in the district and pay taxes. It shall also have the power to make proper and needful rules for the assignment and distribution of pupils to and among the schools in the district, and their transfer from one school to another. Sec. 1180. RULES. SUSPENSION OF PUPILS.] It shall assist and co-operate with teachers in the government and discipline of the schools and may make proper rules and regulations therefor. It may suspend or expel from school any pupil who is insubordinate or habitually disobedient, but such suspension shall not be for a longer period than ten days nor such expulsion beyond the end of the current term of school. Sec. 1181. BRANCHES OF STUDY.] Subject to the approval of the county superintendent, it shall have the power to determine what branches, if any, in addition to those required by law shall be taught in any school of the district. Sec. 1182. TAX LEVY. NOTICE TO COUNTY AUDITOR.] It shall have power to levy upon the property in the district a tax for school pur- poses of not exceeding thirty mills on the dollar in any year; provided, however, that in districts having a high school an additional tax of ten mills on the dollar may be levied if a majority of the school voters of such district annually authorize such levy at the annual school election; notice that the question of levying such additional tax will be voted on at the election shall be given by posting the same in three of the most public places in the district, at least fourteen days prior to said election. The levy of such additional tax, if authorized by the voters as aforesaid, shall be made by a resolution of the board prior to the twentieth day of July. Chapt. 143, p. 181, 1915. Sec. 1183. WHEN SCHOOL HOUSES CAN BE USED FOR OTHER 60 GENERAL SCHOOL LAWS PURPOSES.] It may permit a school house, when not occupied for school purposes to be used under careful restrictions for any proper purpose, giving equal rights and privileges to all religious denominations or political parties, but for any such use or privilege it shall not be at any cost for fuel or otherwise to the district. Nor shall any furniture which is fastened to the floor be removed, and whoever removes any school furniture for any other purpose than repairing the same or for repairing the school room, shall be guilty of a misdemeanor and shall be fined not less than five nor more than ten dollars for eacly offense. All fines imposed and collected under the provisions of this section shall be paid into the general school fund of the state. Sec. 1184. SCHOOL HOUSES AND SITES, HOW DETERMINED.] Whenever in the judgment of the board it is desirable or necessary to the welfare of the schools in the district, or to provide for the children therein proper school privileges or whenever petitioned to do so by one- third of the voters of the district, the board shall call an election of the voters in the district at some convenient time and place fixed by the board, to vote upon the question of the selection, purchase, exchange or sale of a school house site, of the erection, removal, or sale of a school house. Said election shall be conducted and the votes canvassed in the same manner as at the annual election of school officers. Sec. 1185. ELECTION, HOW CALLED. PLANS, HOW PREPARED.] Three notices of the time, place and the purpose of such election shall be posted in three of the most public places in the district at least four- teen days prior to such meeting. If a majority of the voters present at such meeting shall by vote select a school house site or shall be in favor of the purchase, exchange or sale of the school house, as the case may be, then the board shall proceed to carry out the decision of the voters of the district, provided it shall require a vote of two-thirds of the voters present and voting at such meeting to order the removal of the school house, and such school house so removed cannot again be removed within three years from the date of such meeting; and, further, if the question of removing the school house fails to carry, then the question of remov- ing such school house cannot again be raised within one year; provided, further, that whenever a school house is to be purchased, erected or constructed in a common school district, the school board shall consult with the county superintendent of schools and the county superintendent of health with regard to plans providing for the proper construction, lighting, heating and ventilating; provided, further, that it shall be the duty of the state superintendent of public instruction to furnish plans for school houses of one and two rooms that will be in accord with the best ideas pertaining to heating, lighting, ventilation and other sanitary requirements; provided, further, that school boards and county superin- tendents shall secure from a competent carpenter or architect complete specifications and blue prints for plans furnished by the state super- intendent of public instruction, or approved plans that may be furnished by said carpenter or architect, at a cost not to exceed twenty-five dollars iSTATE OF NORTH DAKOTA 61 for a one-room school house and forty dollars for a two-room school house. A copy of such plans and specifications shall be fifed in the office of the county superintendent. Sec. 1186. COUNTY BOARD OF HEALTH.] Whenever the county superintendent of schools shall report to the county board of health that a school house or any school out building is in an unsanitary or unsafe condition, or that any of the pupils or any person o£ school age is alleged to be defective in mind or body, it shall be the duty of the said board to investigate the report without delay and to direct the school board or a person in charge of the alleged defective to take such action as shall seem to be for the best interests of the persons immediately concerned. Sec. 1187. SCHOOL HOUSE SITES, HOW OBTAINED AND MAXI- MUM AREA ALLOWED.] The school board of any school district may take in the corporate name thereof any real property not less than two acres, nor exceeding five acres in area chosen as a site for school house, as provided in this chapter, and may hold and use such tract for school purposes only. It shall secure good title to any and all of the school sites in the district, and cause the same to be recorded in the office of the register of deeds. It shall be the duty of the state's attorneys to pass upon the title to any school site before the deed thereof is recorded. Should the owner of such real property refuse or neglect to grant and convey such site, a site for a school house may be obtained by proceeding in eminent domain, as provided in the Code of Civil Procedure. If this site so selected is not used for the purpose for which it is taken for two successive years it shall revert to the original owner or his assigns upon payment of the sum originally paid by the school district. If such owner or his assigns neglects or refuses to make such repayments for one year after the demand therefor by the board such site shall be the property of the district. Sec. 1188. SCHOOLS TO BE ORGANIZED ON PETITION.] If a petition signed by the persons charged with the support and having the custody and care of nine or more children of school age, all of whom reside not less than two and one-half miles from the nearest school, is presented to the board, asking for the organization of a school for such children, the board shall organize such school and employ a teacher there- fore, if a suitable room for such school can be leased or rented at some proper location not more than two and one-half miles distant from the residence of any one of such children, and if no suitable room for such school can be leased or rented, the board shall call a meeting of the voters of the district for the selection and purchase or erection of a school house, as provided for in section 1185. If at such meeting no such site is selected or if it is not voted to erect or purchase a school house for such school, the board shall select and purchase a school house site and erect, purchase or move thereon a school house at a cost of not more than twelve hundred dollars for such school house and furniture therefore; provided, that the provisions of this section shall nol^ apply 62 GENERAL SCHOOL LAWS in instances where schools have been consolidated in accordance with the provision of section 1190. Sec. 1189. SCHOOL* TERMS, HOW ARRANGED AND WHEN DIS- CONTINUED.] The district board shall determine and fix the length of time the schools in the district shall be taught each year, and when each term of school shall begin and end. It shall so arrange such terms as to accommodate and furnish school privileges equally and equitably to pupils of all ages; provided, that every common school shall be kept in session for not less than seven months in each school year; provided, further, that any school may be discontinued when the average attend- ance of pupils therein for ten consecutive days shall be less than four, and all contracts between school boards and teachers shall contain a pro- vision that no compensation shall be received by such teacher from the date of such discontinuance, if proper and convenient school facilities be provided for the pupils therein in some other school. Sec. 1190. CONSOLIDATION OF SCHOOLS.] The district school board may call, and if petitioned by one-third of the voters in the dis- trict shall call an election to determine the question: (1) "To consolidate two or more schools or the territory usually served by two or more schools and select a site and provide a suitable build- ing," or (2) "To select a school already established and, if necessary, make suitable additions thereto to accommodate the pupils of the schools to be vacated." Said election shall be conducted, both as to notices and as to manner of canvassing the votes, in the same manner as the annual school elec- tions. If a majority of the votes cast at such an election are in favor of either proposal, then the board shall carry out the decision of the district within four months thereafter. In the event of carrying out either proposal prior to or after the passage of this act, it shall be the duty of the board to provide for the transportation of the pupils at public expense to and from the consolidated school, except to those pupils living less than one and one-half miles from such school; and it shall also be the duty of the board, if deemed expedient, to move to the site selected school houses already built or to sell such school houses. Provided, that transportation may be furnished either by public^ conveyance or by al- lowing to each family as compensation a sum of not less than twenty cents nor more than one dollar and twenty-five cents per school day of attendance, such compensation to be equitably based upon the distance traveled and the number of children transported. Provided, further, that the sum total of expense to a district for transportation shall not be greater where the family system of payment is used than would be the case under a system of public conveyances. Approved February 28, 1919. See. 1191. ADDITIONAL SCHOOL TIME.] If a majority of the patrons of any school averaging eight or more pupils in daily attendance for a period of three months immediately prior to the date of filing the petition with the clerk of the district board, shall petition the board to STATE OF NOKTH DAKOTA 63 continue such school for an additional time, the board shall continue such school for that length of time if there are funds in the treasury sufficient for that purpose. Sec. 1192. DISTRICT HIGH SCHOOLS.] In any district containing four or more schools, and having an enumeration of sixty or more per- sons of school age residing therein the board may call, and if petitioned so to do by ten or more voters in the district, shall call a meeting of the voters of such district, in the manner prescribed in section 1185 to deter- mine the question of establishing a district high school. If a majority of the voters at such meeting vote in favor of establishing such high school, the meeting shall further proceed to select a site therefor, and to provide for the erection or purchase of a school building or for the necessary addition to some school building therefor. Thereupon the board shall erect or purchase a building or make such addition for such high school, as shall be determined at such meeting and shall establish therein a district high school containing one or more departments, and employ teachers therefor. Sec. 1193. LENGTH OF TERM.] Such high school shall be kept in session for such time each year, not less than four months, as the board may determine. The board shall, subject to the approval of the county superintendent, grade such high school, and prescribe the studies to be pursued therein, and shall have the same management and control thereof as of the elementary schools in the district. Sec. 1194. ADJACENT DISTRICTS MAY JOIN.] Two or more ad- jacent school districts may join in the establishment and maintenance of such high school, or for a graded school or for both, when empowered so to do by a majority of the voters in each district, at a meeting called and held as provided for in this section, in which case the building and furniture occupied and used for such high school or graded school shall belong to the districts so uniting and all the costs of maintaining such school, or schools, including the wages of teachers and all necessary supplies shall be paid by such districts in proportion to the assessed valuation of the property in each; and the employment of teachers therefoT, and the management, control and grading thereof shall be vested in the joint boards of such dintricts, subject to the approval of the county superintendent of the county in which such districts are located. Sec. 1195. SCHOOL CENSUS. ANNUAL REPORT.] The school board shall cause an enumeration to be made between the first and twentieth day of June of each year, of all unmarried persons of school age, being over sixl and under twenty-one, having their legal residence in the district, giving the names and ages of such persons and the names of parents and guardians having the care and custody of each; also the name and age of each deaf and dumb, blind, and feeble minded person between the ages of five and twenty-five years, residing in the district, including all such persons as may be too deaf or feeble minded to ac- quire an education in the common schools, and the names and post-office 64 GENERAL SCHOOL LAWS address of the parents or guardians of such persons. The enumeration shall be made upon and in accordance with the blanks furnished therefor by the county superintendent, and shall be returned to the county super- intendent prior to the tenth day of July. Sec. 1196. ENUMERATION OF DEAF AND DUMB AND BLIND.] A copy of the enumeration of such deaf and dumb persons shall be fur- nished the superintendent of the school for the deaf; a copy of the enumeration of such blind persons shall be furnished to the superinten- dent of the school for the blind; and a copy of the enumeration of such feeble-minded persons shall be furnished the superintendent of the in- stitution for the feeble-minded, by the county superintendent immediately upon the receipt of the same. A copy of such enumeration shall also be kept in the office of the district clerk. Sec. 1197. CLERK'S ANNUAL REPORT.] The board shall also cause the district clerk to make out an annual report for the year be- ginning July 1st, and ending June 30th, containing such actual and statistical statements and items as shall be required by the superinten- dent of public instruction, and upon and in accordance with the blanks furnished therefor by the county superintendent. Such reports shall be carefully examined and certified to as correct by the board at its regular meeting in July, and transmitted to the county superintendent prior to the 1st day of August following. A copy of such report shall be filed in the district clerk's office. Sec. 1198. RECORDS OPEN TO INSPECTION.] All reports, books, records, vouchers, contracts and papers relating to school business in the school district in the office of the clerk shall at all times be open to the inspection of any director, who shall advise and aid in securing correct records, accounts, and legal reports, and they shall likewise be open to the county superintendent, and any particular paper or record shall be exhibited at reasonable hours to any voter or taxpayer. Sec. 1199. ENGLISH THE LANGUAGE OF THE SCHOOLS.] All reports and records of school officers and proceedings of all school meet- ings shall be in the English language, and if any money belonging to any district shall be expended in supporting a school in which the Eng- lish language is not the medium of instruction exclusively, the county superintendent or any taxpayer of the school corporation may in a civil action in the name of the corporation recover, for such corporation all such money from the officer expending it or ordering or voting for its expenditure. Sec. 1200. EXITS REQUIRED.] All school houses having more than one school room shall have the doors in the exits opening outward, and it is hereby further provided that after the passage of this act school houses of more than one room thereafter erected shall be provided with" an exit not less than four feet six inches in width. All doors to be kept unlocked from 8:30 o'clock a. m. to 4:30 o'clock p. m. on school days. Sec. 1201. FIRE ESCAPES, HOW CONSTRUCTED.] There is here- by required a stationary fire escape, consisting of iron stairways, attached STATE OF NORTH DAKOTA 65 to school houses having more than one story,, with iron landings easily accessible from each school room above the first floor, guarded by an iron railing not less than two feet six inches in height. Such landings shall be connected by iron stairs not less than three feet wide and with steps not less than six inches tread, and protected by a well secured hand rail of iron on both sides and reaching to the ground. Provided, however, that the six-foot section immediately above the ground shall be hinged to the main escape so it may be swung out of the way wheil not in use; further provided that this section shall not affect school houses now con- structed and provided with adequate fire escapes. The way of egress to such fire escape shall at all times be kept free and clear from all ob- struction of any and every nature. Sec. 1202. DUTY OF SCHOOL OFFICERS.] Trustees, boards of directors, boards of education, or any other persons having charge of such school houses shall comply with the provisions of this act within six months after its passage and approval. Sec. 1203. PENALTY.] Any person or board violating any of the provisions of this act shall upon conviction thereof, be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty- five dollars or more than one hundred dollars. Sec. 1204. DUTIES OF DISTRICT SCHOOL BOARDS AS TO TREE PLANTING.] It is hereby made the duty of every district school board in the state of North Dakota to plant trees and shrubs upon the grounds of every school house in their district and to encourage school children to plant such trees and shrubs and to cultivate and protect the same. Sec. 1205. FENCES.] Where stock is permitted to run at large it is hereby made the duty of the district school board to cause to be erected about the grounds of every school house in each district a fence sufficient to protect the trees and shrubs upon the school house grounds from destruction by live stock, and such fence shall be provided with convenient gates or stiles; provided, further, that in the construction of such fence barbed wire shall not be used. Sec. 1206. FUNDS FOR TREE PLANTING AND CULTIVATION.] The district school board is hereby empowered and it shall be its duty to expend not less than ten dollars annually for each school yard out of the funds of the school district for the purpose mentioned in the foregoing section. Sec. 1207. STABLES IN RURAL DISTRICTS. HITCHING POSTS.] If in any rural school district, a petition signed by the persons charged with the support and having the custody and care of eight or more chil- dren of school age is presented to the school board asking for the build- ing of a suitable stable upon the school site, the board shall provide such stable without unnecessary delay. It shall be the duty of the school board in rural districts to provide for substantial hitching posts for each school site in the district. 66 GENERAL SCHOOL LAWS GULL RIVER LUMBER COMPANY, PLAINTIFF AND RESPOND- ENT, V. SCHOOL DISTRICT NO. 39, BARNES COUNTY, D. T., DEFENDANT AND APPELLANT. 1. PRACTICE— FINDINGS OF FACT.] Where the trial court de- termines the issue of fact without a jury, the requirement of the statute as to findings is mandatory, and not directory. In such cases it is the duty of the trial court without request to make express findings of the ultimate facts which are material and arise upon the pleadings. Accord- ingly where the district court, in such case, made no express findings of the ultimate facts which were in issue, but instead of doing so adopted certain documentary evidence and a certain stipulation of facts, as its findings of fact, and from such findings drew certain legal conclusions, upon which judgment was entered, held reversible error. 2. CAPITAL BANK v. SCHOOL DISTRICT FOLLOWED.] Upon the merits this case will be governed by the principles of law laid down in another case like it, decided at the present term of this court, i. e.. Capital Bank of St. Paul v. School District No. 53, ante, 479. 1 N. D. 500. (Opinion Filed November 29, 1890.) FRED PRONOVOST AND ONEISINE COSSETTE ET AL. v. ALFRED BURNETTE, AS A DIRECTOR OF SCHOOL DISTRICT NO. 40. 1. The public schools of North Dakota are under the control of the legislature, and the respective school boards have no other powers than those which the statutes confer upon them. 2. The legislative policy in North Dakota is that public schools in the common-school districts of the state shall be maintained in buildings which are owned by the public. Where a common-school district already owns a school building which is adequate to the needs of the district, and there are not nine children residing 2^/^ miles therefrom so that ad- ditional accommodation is needed for such persons, it has no authority or power to lease another building and to remove the school thereto. 36 N. D. 288. (Opinion filed March 3, 1917.) THOMAS A. THOMPSON v. C. B. VOLD, GUST PETERSON, AND ANDREW PETERSON AS DIRECTORS OF FORT RANSOM ' SCHOOL DISTRICT NO. 6, RANSOM COUNTY, N. DAK. 1. Equity will not attempt to do a vain thing, nor will it, by injunction, attempt to prevent the doing of an act that has already been perfected. 2. Where an injunction is sought in the lower court to restrain a school board from further proceeding with the remodeling of a building, on the ground that, though it has the power only to repair, it is in fact erecting a new building, and such injunction is refused and an appeal taken, but no supersedeas bond is furnished and no stay of proceedings granted, and pending such appeal the work is completed, the matter in- STATE OF NORTH DAKOTA 67 volved becomes a moot question, and the appeal will be dismissed by 'the supreme court. 38 N. D. 569. (Opinion filed December 13, 1917.) HENDERSON ET AL. v. LONG CREEK SCHOOL DISTRICT NO. 2 OF DIVIDE COUNTY ET AL. 1. In an action to recover for labor and materials furnished, the com- plaint alleged that the plaintiffs erected a schoolhouse which was needed for the accommodation of the school children of the defendant school district, and that such action was taken by plaintiffs following an adverse vote at two separate elections on the proposition of bonding the district for the purpose of erecting a schoolhouse to take the place of a building which had been condemned by the board of health, held, that the com- plaint does not state a cause of action. 2. Section 1184 of the Compiled Laws of 1913 authorizes boards of directors of common school districts to erect schoolhouses only when directed to do so by a majority of the voters of the district. 3. When a statute limits the powers of boards of directors of common school districts as to the erection of schoolhouses, and prescribes that such powers can only be exercised by first procuring authority from the voters, and where such board, not having obtained the requisite author- ity, refused to enter into a contract for the construction of a schoolhouse, the district is not rendered liable as upon contract by the acceptance of a building so construed without authority. 171 N. W. 825. SCHOOL DISTRICT NUMBER 94, A CORPORATION, v. SPECIAL SCHOOL DISTRICT NUMBER 33, A CORPORATION. 1. Two school districts of Cass County changed their boundaries. Arbitrators were appointed to equalize the property and debts. Their decision gave the plaintiff the sum of $239.87. Held, that such arbitra- tion was pursuant to sections 1327-1331, Comp. Laws 1913, which pro- vide that the arbitrators shall make a return of their findings to the county auditor, who shall thereupon extend a tax against the property situated within the districts to pay the awards, and that the same shall be paid as the taxes are collected. 2. It, therefore, follows that the plaintiff could not maintain a suit in law upon the indebtedness. The remedy, if any, was by mandamus to compel the arbitrators, county auditor, and other officials to proceed with the collection of the tax. 33 N. D. 353. (Opinion filed- March 6, 1916.) HUGH Mcdonald et al. v. o. l hanson et al. 1. Chapter 135 of the Session Laws of 1915 construed, and held to provide two methods of organizing new common-school districts, namely: a. The first method is by presenting to the board of county commis- sioners and county superintendent a petition containing proper and legal requirements as to assessed valuation, and extent of the territory to be 68 GENERAL SCHOOL LAWS contained in the new district to be organized, signed by a majority of the school voters in the districts whose boundaries will be affected by the organization of the new school district, and by at least three fourths of the residents of the territory to be included in the new school district; such petition must be heard upon thirty days' notice as provided by sec- tion 1148 of the Compiled Laws of 1913, and only at the July meeting of the board of county commissioners, as provided by section 1147 of the Compiled Laws of 1913. b. The second method of organizing a new common-school district is by petition signed by three fourths of the school voters residing in the territory to be organized into the new school district, such petition to comply with the requirements of law as to assessed valuation, and extent of territory in both the old and the new districts; the notice required by section 1148 of the Compiled Laws of 1913 shall also be given, but such petition may be acted upon at the July meeting, or any other meeting of the board of county commissioners, conjointly with the county super- intendent of schools. 2. Chapter 135 has been examined, and held not to be in conflict with, nor does it contravene any of, provisions of sections 11, 69, or 70 of the state Constitution; said law is a general law, operating in every part of the state uniformly when applied to like conditions and circumstances, and is in no sense special legislation. The classification of common schools, so far as the same is provided for in the law under considera- tion, is based upon reason, and is not arbitrary, unreasonable, or dis- criminating. 37 N. D. 324. (Opinion filed April IS, 1917.) Rehearing denied July 25, 1917. CARL E. TALLMADGE ET AL. v. MARGARET KENNEDY, AS SUPER- INTENDENT OF SCHOOLS OF HETTINGER COUNTY ET AL. QUO WARRANTO— ACTION IN— SCHOOL DISTRICT— ORGANI- ZATION — LEGALITY OF — DIRECTORS — SPECIAL INTEREST — PROSECUTION OF ACTION.] 1. In an action- of the nature of quo warranto to test the legality of the organization of a school district out of a portion of the territory of an old district, the directors of the latter district have such a special interest as to enable them to prosecute the action in their own name. COUNTir COMMISSIONERS— BOARDS OF— COUNTY SUPERIN- TENDENT—SCHOOL DISTRICT— VOTERS— MAJORITY— SPECIAL BOARD— NEW DISTRICTS.] 4. Section 1147, Compiled Laws 1913, which provides that ''the board of county commissioners and county superintendent may organize a new school district from portions of school districts already organized, * * * upon being petitioned so to do by at least a majority of the school voters residing in the districts whose boundaries will be affected by the organization of a new district and by at least three fourths of the residents of the territory to be in- cluded on the new district," construed and held, for reasons stated in STATE OF NOKTH DAKOTA 6« opinion, that the legislative intent was to empower such special board to organize new school districts from portion of one or more old dis- tricts. PETITION— SCHOOL DISTRICTS— NEW— ORGANIZATION OF— COUNTY COMMISSIONERS— COUNTY SUPERINTENDENT— PRO- CEEDINGS— IRREGULARLY— DOES NOT NULLIFY.] 5. A petition in all respects complying with provisions of section 1147, Compiled Laws, except that it prayed for the organization of two new school districts in- stead of one, was filed with the board of county commissioners and county superintendent. Pursuant thereto, notice was given, and, upon a hearing, the board organized two new school districts from portions of an old district. Held, that while such petition and the proceedings there- under were irregular, they were not a nullity, and afford plaintiffs no ground for the relief prayed for in the complaint. 34 N. D. 590. (Opinion filed August 7, 1916.) STATE EX REL. ROBT. J. LAIRD vs. JOHN GANG, ET AL. PETITION FOR ORGANIZATION OF CIVIL TOWNSHIP— SUFFI- CIENCY — REVIEWED.] The board of county commissioners having found that a certain petition for the organization of a civil township con- taining the requisite number of legal voters, and having acted thereon by taking the necessary steps to organize such township, held, that the question as to the sufficiency of such petition is not open to judicial in- vestigation in mandamus proceedings to compel the calling of an election for school officers in such township. Following State v. Langlie, 67 N. W. 958, 5 N. D. 594. SCHOOL TOWNSHIP WHEN EMBRACES CIVIL TOWNSHIP. Upon organization into a civil township of a portion of the territory comprising a school township corporation, held, construing Sections 658. 659, Rev. Codes, that such civil township continues for school purposes as a part of such school township corporation until segregated therefrom by the commissioners and county superintendent of schools, upon peti- tion of the voters. 10 N. D. 332. (Opionion filed June 15, 1901.) STATE OF NORTH DAKOTA EX REL. J. C. JOHNSON v. DIREC- TORS OF SCHOOL DISTRICT NO. 10 IN AND FOR SAID WARD COUNTY. 1. In construing section 1188 of the Compiled Laws of 1913, which provides that the school boards of the various common school districts shall, upon the petition of those charged with the support an(i having the care and custody of nine or more children of school age, furnish school accommodations for such children within a distance of l^k miles from their homes, such 2% miles distance is to be measured by the roads which are actually opened and passable, and not as the crow flies, or by taking into consideration section lines which are set apart by section 70 GENERAL SCHOOL LAWS 1920 as highways, but which are not in their present condition passable and have not been actually opened for travel. 2. Although, under the provisions of section 1179 of the Compiled Laws of 1913, a school board of one district may allow the children of adjacent one to attend its school, such board cannot be compelled to do so, and it is no defense to an action which is brought under the provisions of section 1188 of the Compiled Laws of 1913, to compel the furnishing of an additional schoolhouse for the accommodation of children who are more than 2^/4 miles from the nearest school in a district, that said children live within a distance of 2^/^ miles of a school which is in an adjacent one. 3. It is no defense to an action which is brought under the provisions of section 1188 of the Compiled Laws of 1913, to compel the furnishing of an additional schoolhouse for the accommodation of children who are now more than 2% miles from the nearest school, that on account of the broken nature of the country no site can be chosen which will be within 2^/^ miles from the residences of all of the petitioners, provided that a site can be chosen which will be within that distance of the homes of at least nine children of school age, and who are now outside of that limit from any school within the district. 34 N. D. 330. (Opinion filed June 1, 1916.) PETEESBURG SCHOOL DISTRICT OF NELSON COUNTY, STATE OF NORTH DAKOTA, v. LEVI PETERSON. 3. SCHOOL HOUSE SITES— SELECTION.] Under section 701, Rev. Codes 1899, providing that the board may call a meeting of the voters in a school district to select a site for a new school house, a selection of a site by such voters, describing the site, "For locating a new school house on the hill at the south end of Sixth Street, in Peterson's field," is suf- ficiently definite on which to base a definite location of the site by the board. 4. VOTERS SELECT BY GENERAL DESIGNATION, NOT DEF- INITE DESCRIPTION.] Under said section 701, Rev. Codes 1899, the voters are required only to select by a general designation, and not by a definite description. 5. PRECISE LIMITS AND QUANTITY OF LAND ARE IN THE DISCRETION OF THE SCHOOL BOARD.] Under s£^id section 701, Rev. Codes 1899, the board is required to locate the site upon the land selected by general designation of the voters by fixing its boundaries, and it fs~ vested with discretion as to the precise limits of the site selected by the voters, as well as to the amount of land taken, within the statutory limit. 14 N. D. 344. (Opinion filed June 9, 1905.) EASTGATE v. OSAGO SCHOOL DISTRICT, NELSON COUNTY. 1. Where a statutory law imposes upon school boards the mandatory duty of requiring each child between the ages of 6 and 15 years of age STATE OF NORTH DAKOTA 71 to attend the public school for a specified time during each school year, and in that respect imposes a further mandatory duty upon the school board requiring it to provide transportation to the school for all children between the ages of 6 and 15 years of age inclusive, who reside beyond the specified distance as prescribed by lav/, when it becomes the manda- tory duty of the school board to provide conveyance for such children to such school, it is the mandatory duty of the school board to ascertain and determine what children within the district reside and convey them to school in accordance with the requirement of the law providing for such transportation. 2. Where a school board fails, neglects, or refuses to furnish trans- portation for children between the ages of 6 and 15 years, inclusive, in disregard of the provisions of law which make it their mandatory duty to do so, and where the parent or guardian or one lawfully charged with the custody and care of such children conveys them to the nearest pro- perly equipped school within the district by the nearest public or law- fully traveled route, such service being accepted by the school district, the district is under an implied contractual obligation to compensate therefor. , 3. The words "nearest route," as used in Laws 1811, c. 266, section 232, sub. 4, as amended by Laws 1913, c. 267, and Comp. Laws 1913, sec. 1342, as amended and re-enacted by Laws 1915, c. 141, relating to transportation of pupils living a certain distance from schools by the nearest route, mean the nearest public route, or one which has been duly authorized or exists by law. 171 N. W. 96. STATE OF NORTH DAKOTA EX REL. J. J. BRAND v. BOARD OF DIRECTORS WITHIN AND FOR BELL SCHOOL DISTRICT NO. 10, WARD COUNTY, NORTH DAKOTA. 1. SCHOOLS— CONSOLIDATED— TRANSPORTATION OF CHIL- DREN.] Under Sec. 232, art. 15, chap. 266, of the Laws of 1911, trans- portation must be furnished to children living more than 2^ miles from the district school which they are required to attend, no matter whether such school is a consolidated school or not. 2. TRANSPORTATION OF CHILDREN — STATUTE LIBERALLY CONSTRUED.] Section 232, art. 15, chap. 266 of the Laws of 1911, which provides for furnishing transportation "to and from school" for children living more than 2% miles from the schoolhouse, should be construed liberally, and not in accordance with the strict letter of the enactment. , 3. SCHOOL BOARD— REASONABLE DISCRETION— DISCRIMI- NATION.] School boards have the right to exercise all resonable dis- cretion in furnishing the free transpoitation which is provided for in Sec. 232, art. 15, chap. 266, of the Laws of 1911, and it is not an abuse of such discretion, nor "an unjust or illegal discrimination," nor "a denial of transportation," to require boys of from ten to nineteen years of age to cross the frozen Mouse River, and to walk a distance of from one- 72 GENERAL SCHOOL LAWS fourth to one-thirth of a mile to meet a team which has been sent for the children of two other families who live about a mile further on, when the river is reasonably passable for pedestrians, when all the three families live beyond the 2% mile limit, and need to be accommodated, and the only other alternatives would be: (1) That the wagon with its load of children should go 2 miles out of its way to a bridge, returning 2 miles to the home of the plaintiff, subjecting its occupants to the cold and discomfort of 4 miles of unnecessary travel; or (2) that the board should hire two teams, one for each side of the river and at a probable expense of from $35 to $40 a month for each; or (3) that the loaded wagon should itself cross the river and run the risk of upsetting. 28 N. D. 244, (Opinion filed September 5, 1914.) SCHOOL DISTRICT NO. 94, A CORPORATION, v. W. W. KING, D. B. SHAW, F. D. RICE, C. M. THOMPSON, S. F. SHERMAN, CON- STITUTING THE BOARD OF EDUCATION OF THE VILLAGE OF TOWER CITY, N. D., AND A. G. LEWIS, COUNTY AUDITOR OF CASS COUNTY, N. D. 2. CONSTITUTIONAL LAW— SCHOOLS AND SCHOOL DIS- TRICTS—CONSOLIDATION AND DIVISION— LEGISLATIVE DIS- CRETION.] Laws enacted for the consolidation or division of school districts are valid as resting solely on legislative discretion or policy, unless they are contrary to some constitutional provision. 3. CONSTITUTIONAL LAW— DUE PROCESS OF LAW— DIVISION OF SCHOOL DISTRICTS.] Chapter 106, Laws 1907, relating to division of school districts and attaching parts thereof to a city, town, or village for school purposes, is not unconstitutional as taking property without an opportunity for a hearing or as depriving school districts of their property without due process of law. 4. CONSTITUTIONAL LAW— DUE PROCESS OF LAW— DIVI- SION AND CONSOLIDATION OF SCHOOL DISTRICTS.] A division or partial consolidation of school districts under chapter 106, Laws 1907, is not in violation of the constitution forbidding the taking of property without due process of law. The ownership of the property in such cases is not of private property. It is property devoted to state purposes, and subject to legislative control, unless the legislature violates some con- stitutional provision in reference to the same. 20 N. D. 614. CONSOLIDATED SCHOOL DISTRICT OF ELLSWORTH v. THOMPSON. 1. In an action by a school district to quiet title to certain premises, which defendant claimed to have reverted to him by abandonment, where plaintiff alleged that defendant was estopped to deny plaintiff's title, which plea was not assailed, the court on appeal will uphold a judgment based on the estoppel, if the plea is supported by sufficient evidence, regardless of whether such plea was- good or not. 171 N. W. 16. STATE OF NORTH DAKOTA 73 TORGERSON ET AL. v. GOLDEN VALLEY SCHOOL DISTRICT NO. 85 OF WILLIAMS COUNTY ET AL. 1. Where a consolidated school is Jormed and a site chosen by the electors of the district, acting under section 1190, Compiled Laws of 1913, such school cannot be removed from the location so selected with- out a two-thirds vote of the electors, proceeding under sections 1184 and 1185 of the Compiled Laws of 1913. 171 N. W. 626. ARTICLE 11. SPECIAL SCHOOL DISTRICTS. (a) How Formed From Common School Districts. Sec. 1229. CITIES GOVERNED BY THE PROVISIONS OF THIS ARTICLE.] All cities and incorporated towns and villages which have heretofore been organized under the general school laws, and which are provided with a board of education, shall be governed by the provisions of this article. Any city, or incorporated, or platted town or village, may be constituted a special school district in the manner hereinafter prescribed, and shall then be governed by the provisions of this article; provided, that any city heretofore organized for school purposes under a special act, may adopt the provisions of this article by a majority vote of the voters therein, in the same manner as is provided for the organiza- tion of a new corporation under the provisions of this article. Sec. 1230. SPECIAL SCHOOL DISTRICTS.] Whenever any platted or incorporated city, town or village ^. shall constitute a portion of a school district, it may be organized into a special school district, alone or with contiguous territory, and the j. ^operty and indebtedness of such organized school district divided as hereinafter provided. Sec. 1231. SUPERINTENDENT SHALL CALL ELECTION ON PETITION. WHEN.] In such cases a petition signed by a majority of the voters of such school district, including women who are legal voters, may be presented to the county superintendent of schools for the division of such school district and the organization of such city, town or village, together with such territory contiguous thereto as may be described in said petition, into a special school district, and setting forth in detail the boundaries of such proposed special district, the manner and terms of the division of the property, rea^ and personal, and the indebtedness, bonded or otherwise, of such school districts as desired by the petitioners, and thereupon such superintendent shall within five days call an election to be held ini' such proposed special district, incorporated city, town or village, and an election to be simultaneously held in that portion of such school district, situated outside of such proposed special district, city, town or village. Sec. 1232. NOTICE GIVEN, ELECTION. HOW HELD.] Such super- intendent shall cause notice of each of such elections to be given by publishing notices thereof, stating the time and place of holding such elections, in a newspaper, published in such school district (if any), and 74 GRNBRAL SCHOOL LAWS if thovo is no no\vs!p5»por vniblishod in such school district, thoii by post- in^C tlui?e notices ot* the election to be held, in such proposed special school district, city, town ov village, and it\ three public places in said district outside of such proposod-specirtl school district, city, to\\^l or vill.'j.tio. Such notices shall be posted or published not loss that* foui'teen days before such eU^ction. Such suporintetulont shall appoint judjres and clerks of svich elections and the same shall bo hold and conducted in the same n\annor. and the polls shall l>e opened at the same time as in other school district elections, and the i^esult of such elections shall be certi- lled ai\d deliveited to such superintendent within three days aftei* the close of the polls. Sec. 12;U?. BALLOTS. HOW PRINTRD.l Ther^ shall bo printed or written ot\ the ballots us^hI at such eloctiot\ the followiuj^ statement: "For division of (,h^^''ter shall write after such staten\ent the wo»\i "yos" if ■. favor of such division, and the wonl "«u>" if against it, S^v. Vll^A. SVrKRlNTKXnKXT SUAl.l. NOTIFY PRFSIDENT OF SCHOOL BOAKD.] Such suvHMintendont shall theroupon forthwith Tvotif>" the prosident of the school boani of such school district and the auditor or clerk of such city, town or village, of the iH?sult of such elec- tions. Sec. liJSr>. DTSTRtCTS COXSTITinrEP.l If such elections shall o«ch be in fa\^>r of the division of such school district, such proposed spivial school district, city, town or village) shall theivj^fter constitute a sv^vial school district; and such original scIhhU district situatoti out- side of such special school district, city, town or village, shall constitute a kHM>\n\on school district. Svv. IJS6. ELECTION FOR SPECIAL DISTRICT AND CX)MMON DISTRICT.] The county superintendent shall theroupon call an election for the eUvtion of ofrtcei-s of such svHvial schc»ol district and cx^mmon schwl district, of which election notice* shall l>e given for at least four- teen da>"s: such election shall be held as in other cases, in common school districts and sjnvial school districts, and such synvial scho^d district shall theroaft\>r K^ subject t» all provisions of law atfecti^v^ other sc>u>ol districts. Sec, 12,^T. DIVISION OF PROPERTY.] Such school district ^iui such special school district shall thereupon pn>cr?od to vltvide the prop- erty of such origiT\al school district accoii\lii\jff tv> svK'h petition aitd shall ly> Innind u^\Hvtively to pay the indebtedness of sxhrh district as pro- vide\i in such petition, aixd inay ntake an>' cont»"acts or conveyances necessary to carry into effect all the provisions of such i>etition. Sec, l2Sx^ BONDKD IXOKinKDNKSS. TAX TO BE LEVIED TO PAY,] In case such orii^rinal school district shall have outstanding toy botuicd debt for the payment of which no suftficieitt levy of tasMs Kas STATE OF NORTH DAKOTA 75 been made, the board of education of such special district and the school board of such school district, shall at the time of making the next an- nual tax levy, levy a tax sufficient to pay the interest and also the prin- cipal of so much of such bonded debt as shall be assumed by said special school district and such common school district respectively as the same mature, and shall designate the amount of such tax to be collected in each year thereafter, and shall certify such levy to the county auditor, who shall thereupon enter and extend upon the tax list in each year the amount of such tax to be collected in that year. Sec. 1239. BONDED DEBT. SPECIAL SCHOOL DISTRICT AND COMMON SCHOOL DISTRICT TO PAY.] Such special school district and such common school district shall provide for and pay according to the terms of the bonds, such portion of bonded debt as is assumed by it. Sec. 1240. ADJACENT TERRITORY. HOW ATTACHED FOR SCHOOL PURPOSES.] When any special school district has been or- ganized and provided with a board of education under any general law, or special act, or under the provisions of this article, territory outside the limits thereof but adjacent thereto may be attached to such special school district by the board of county commissioners, upon application in writing signed by two-thirds of the voters of such adjacent territory; provided, that no territory shall be annexed from any school district where the part remaining after such proposed annexation would have an assessed valuation of less than one hundred thousand, dollars for each teacher employed in such remaining territory. Such adjacent territory shall be attached for voting purposes to such corporation, or if the election is held in wards, to the ward or wards or election precinct or precincts to which it lies adjacent; and the voters thereof shall vote only for school officers and on school questions; pro- vided that nothing in this act shall prevent any such adjacent territory from being annexed because of such adjacent territory being in an ad- joining county and provided that the county commissioners shall detach any part of such adjacent territory which is at a greater distance than three miles from the central school in such special district and attach it to any adjacent common or special school district or districts on peti- tion to do so signed by two-thirds of the legal voters of such adjacent territory; provided, further, that in all cases of annexation or detaching of territory fourteen days' notice of hearing before the board of county commissioners shall be given by posted notices in conspicuous places, three to be in the special district in the territory sought to be annexed or detached, and three in the district from which the teritory is to be taken or to which it is to be attached. If the board of county commis- sioners decide to annex or detach as the case may be then such territory shall become a part of the special district or be detached therefrom within five days after such hearing and all assets and liabilities shall be equalized according to Section 1327 of the Compiled Laws of North Dakota for 1913. Provided, also, that any special school district to which adjacent territory has been attached under this or any other act 76 GENERAL SCHOOL LAWS shall furnish transpovtation for all pupils residing in said special school district more than one and one-half miles from the central school house thereof in accordance with Section 1190 of the Compiled Laws of North Dakota for 1913, as amenaed by Chapter 127 of the Session Laws for 1915, and other amendments thereto. Approved March 7, 1919. Sec. 1241. NAME AND BODY CORPORATE.] Every such district shall be a body corporate for school purposes by the name of "The Boai'd of Education of the city, towTti or village (as the case may be) of , (here insert the corporate name of the city, town or village) of the State of North Dakota," and shall possess all the powers and duties usual to corporations for public purposes or conferred upon it by this article or which may hereafter be conferred upon it by law; and in such name it may sue and be sued, contract and be con- tracted with, and hold and convey such real and personal property as shall come into its possession by will or otherwise; and it shall procure and keep a corporate seal by which its official acts may be attested. Sec. 1242. CONVE\'ANCE OF SCHOOL PROPERTY. HOW EX- ECUTED.] Any such city or incorporated town or village is author- ized and required upon the request of the board of education, to convey to such board of educal ion all j)roperty within the limits of any such corporation heretofore }-urchased by it for school purposes and now held and used for such pui-poses, the title to which is vested in any such civil corporation. All co'weyances for such property shall be signed by the mayor or president cf the board of trustees or commission and at- tested by. the clerk of such corporation, and shall have the seal of the corporation affixed thereto and be acknowledged by the mayor or presi- dent in the same manner as other conveyances of real estate. (b) Special School Districts. How Formed in Town or City. Sec. 1243. SPECIAL SCHOOL DISTRICTS. HOW ORGANIZED.] When a petition signed by one-third of the voters of a city, incorporated or platted town or village, or a school district in which is located a city or incoi-porated or platted town or village entitled to vote at such elec- tion, is presented to the council, commission or board of trustees of such city, inorporated or platted town or village on school (Jlstrict, asking that such city, incorporated or platted town or village or school district be organized as a special school district, such council, commission or board of trustees shall within ten daj's order an election for such purpose, notice of which shall be given, and the election conducted and the returns made in the manner provided by law for the annual school election; and the voters of such city, incorporated town or village or school district shall vote for or against organization as a special school district at such election. Sec. 1244. ELECTION OF FIRST BOARD OF EDUCATION.] If a majority of the votes cast at such election is for organization as a special schooij district, another election shall be called in the same manner as prescribed in the foregoing section, at which the voters of such city, in- corporated town or village or school district shall elect five members of STATE OF NORTH DAKOTA 77 the board of education, two of whom shall serve until the first annual election, two until the second annual election, and one until the third annual election thereafter, and until their successors are elected and qualified, and their respective terms shall be determined by lot. Sec. 1245. TERMS OF OFFICE. QUORUM.] The board of educa- tion of each special district shall consist of five members who shall be elected by the legal voters thereof and who shall hold their office for the term of three years and until their successors are elected and qualified, except as provided for first elections under this article; and three mem- bers shall constitute a quorum for the transaction of business at any legal meeting. (c) Meetings and Organization of the Board. Sec. 1246. COMPENSATION OF MEMBERS. MUST NOT BE IN- TERESTED IN CONTRACTS.] Each member of such board of educa- tion shall receive a compensation of one dollar and fifty cents for each meeting of such board actually attended by him; provided, that no com- pensation shall be allowed for more than one meeting in each calendar month. The members shall not be interested, directly or indirectly, in any contract for making any improvements or repairs, or for erecting any building or for furnishing any materials or supplies for their dis- trict. Sec. 1247. MEETINGS OF BOARD.] The annual meeting of such board of education shall be held on the second Tuesday in July following the annual election, at which time the newly elected members shall as- sume the duties of their office. The board shall meet for the transaction of business as often as once in each calendar month thereafter and may adjourn for a shorter time. Special meetings may be called by the presi- dent or in his absence by any two members of the board or by giving a personal notice to each member of the board or by causing a written or printed notice to be left at his place of residence, at least forty-eight hours before the time of such meeting. Sec. 1248. ORGANIZATION OF BOARD.] At the annual meeting on the second Tuesday in July of each year such board of education shall or- ganize by electing a president from among its members, who shall serve for one year, and tney shall also appoint a clerk and a treasurer, not of their own number, who shall hold their offices during the pleasure of the board and receive such compensation for their services as shall be fixed by the board. In the absence of the president at any meeting a president pro tempore may be elected by the board. Sec. 1249. DUTIES OF PRESIDENT.] The president shall preside at all meetings of the board, appoint all committees whose appointment is not otherwise provided for and sign all warrants ordered by the board to be drawn upon the treasurer for school moneys and perform other acts required by law. Sec. 1250. DUTIES OF CLERK. RECORDS.] The clerk shall keep a true record of all the proceedings of the board, take charge of its books and documents, countersign all warrants for school moneys drawn 78 GENERAL SCHOOL LAWS upon the treasurer by order of the board and affix the corporate seal thereto and perform such other duties as the board may require. The records, books, vouchers and papers of the board shall be open to exami- nation by any taxpayer of the district. Such record or a transcript thereof certified by the clerk and attested by the seal of the board, shall be received in all courts as prima facie evidence of the facts therein set forth. (d) Powers and Duties of Officers. Sec. 1251. POWERS AND DUTIES OF BOARD.] Each board of education shall have the pow^er and it shall be its duty: 1. To establish a system of graded common schools which shall be free to all children of legal school age, residing within such special dis- trict, and shall be kept open not less than seven nor more than ten months in any year. 2. To establish and maintain such schools in its city, town or village, as it shall deem requisite or expedient and to change or discontinue the same. 3. To establish and maintain a high school, whenever in its opinion the educational interests of the corporation demand the same, in which such courses of study shall be pursued as shall be prescribed or approved by the superintendent of public instruction, together with such additional courses as such board of education may thereafter deem advisable to es- tablish. 4. To purchase, sell, exchange and hire school houses and rooms, lots or sites for school houses, and to fence and otherwise improve them as it deems proper. 5. Upon such lots and upon such sites as may be owned by such special district, to build, alter, enlarge, improve and repair school houses, out houses and appurtenances as it may deem advisable. 6. To purchase, sell, exchange, improve and repair school apparatus, text books for the use of the pupils, furniture and appendages, and to provide fuel for the schools. 7. To have the custody of all school property of every kind and to see that the ordinances and by-laws of the city or village in reLition thereto are observed. 8. To contract with, employ and pay all teachers in such schools and to dismiss and remove for cause any teacher whenever the interests of the school may require it; but any such teacher shall be required to hold a certificate to teach, issued by the county superintendent or the super- intendent of public instruction, and if any such teacher holds only tn elementary certificate the board may impose such further requirement^ as the best interests of the several grades may require. No person who is related to any member of the board, by blood or marriage, shall be employed as a teacher without the concurrence of the entire board. 9. To employ, should it deem expedient, a competent and discreet person as superintendent of schools for a period not to exceed three STATE OP NORTH DAKOTA 79 years, and to pay such person a reasonable salary; such superintendent may be required to act as principal or teacher in such school. 10. To defray the necessary and contingent expenses of the board, in- cluding the compensation of its clerk. 11. To adopt, alter and repeal, whenever it may deem expedient, rules and regulations for the reception, organization, grading, government and instruction of pupils, their suspension, expulsion or transfer from one school to another. But no pupil shall be suspended or expelled except for insubordination, habitual indolence or disorderly conduct; such sus- pension shall not be for a longer period than ten days, nor such expulsion beyond the end of the current term of school. 12. Each member shall visit, at least twice in each year, all the public schools in the city or village. 13. To make a report on July 1st, or as soon thereafter as practicable, of the progress, prosperity and conditions, financial as well as educa- tional, of all the schools under its charge, a copy of which, together with such further information as shall be required by the superintendent of public instruction, shall be forwarded to the county superintendent, the same as reports are made by other school districts; and such report or such portion thereof as the board of education shall consider advantage- ous to the public, shall be published in a newspaper in the city or village, and in cities of over eight hundred inhabitants it may be published in pamphlet form. 14. To admit children of persons not living; in such special district, and to fix and collect tuition therefore, if in its judgment the best inter- ests of the school will permit. 15. To cause an enumeration to be made annually, of the children of school age within such special district, including those residing^ in any territory thereto attached for school purposes, as provided for other school districts, and return the same to the county superintendent. Sec. 1252. SCHOOL UNDER SUPERVISION OF WHOM.] The schools of each special district shall be under the immediate supervision of the board of education or the school superintendent appointed by such board, provided that where no superintendent is appointed by the board, the schools of such district shall be under the supervision of the county superintendent of schools in the same manner as are the schools of, a common school district. Chap. 136, p. 173, 1915. Sec. 1253. TREASURER, CUSTODIAN OF SCHOOL MONEYS.] All moneys from whatever source, which the board of education of any special district shall by law be authorized to receive, shall be paid over to the treasurer of the said board and he shall charge the same to the proper fund. Sec. 1254. TREASURER.] The treasurer of any city, town or village comprising a special district shall be treasurer of the board of education thereof; provided, however, should the said special school district have within its boundaries and be comprised partly of territory without the limits of said city, town or village, then the said special school district 80 GENERAL SCHOOL LAWS shall elect, at its regular elections, a treasurer in the manner provided by law for the election of school district treasurer. Sec. 1255. TREASURER. DUTIES OF.] The treasurer of each board of education shall keep a true account of the receipts and ex- penditures of the various funds separately, and shall prepare and submit in writing a quarterly report of the state of the finances of the district, and shall, when required, produce at any meeting of such board, or any committee appointed for the purpose of examining his accounts, all books and papers pertaining to his office. He shall safely keep in his posssesion or under his control all school moneys coming into his hands, and shall pay out such moneys only upon a warrant signed by the presi- dent, countersigned by the clerk and attested by the corporate seal of the board. Sec. 1256. TREASURER'S BOND.] The treasurer of -the board shall execute a bond to such board, with sufficient sureties to be approved by the board, in such sum as such board may from time to time require, as near as can be ascertained in double the amount of the moneys likely to come into his hands, conditional for the faithful discharge of his duties as treasurer; which bond shall be in addition to his bond to the city, town or village. In case of the failure of the city, town or village treasurer to give such bond within ten days after being required so to do by such board of education, such treasurer's office shall become vacant and the council or. board of trustees of such city, town or village shall appoint another person to his place, who shall give such additional bonds. Sec. 1257. TAXABLE PROPERTY.] The taxable property of the whole school corporation including the teiTitory attached for school purposes rfhall be subject to taxation. All taxes collected for the benefit of the school shall be paid in money, and shall be placed in the hands of the treasurer, subject to the order of the board of education. Sec. 1258. ANNUAL SCHOOL TAX.] The board of education shall on or before the twentieth day of July of each year levy a tax for the support of the schools of the corporation, including any expenditures allowed by law, for the fiscal year next ensuing, not exceeding in any one year thirty mills on the dollar on all the real and personal property within the district which is taxable according to the laws of this state, the amount of which levy the clerk of the board shall certify to the county auditor, who is authorized and required to place the same on the tax roll of such county to be collected by the county treasurer as other taxes and paid over by him to the treasurer of the board of education, of whom he shall take a receipt in duplicate, one of which he shall file in his office and the other he shall forthwith transmit to the clerk of the board of education. Provided, however, that in districts having a high school an additional tax of ten mills on the dollar may be levied if a majority of the school voters of such district annually authorize such levy at the ar, aual school election. Notice that the question of levying such additional tax will be voted on at the election, shall be given by posting or publishing the same in the manner provided for the giving of STATE OF NORTH DAKOTA 81 notice of the election of the board of education in section 1263 of the Compiled Laws of North Dakota for the year 1913. The levy of this additional tax, if authorized by the voters as aforesaid, shall be made by a resolution of the board prior to the twentieth day of July. Chap. 144 p. 182, 1915. Sec. 1259. EXt-ENDITURES. CONTRACTS.] No expenditures in- volving an amount greater than one hundred dollars shall be made except in accordance with the provisions of a w^ritten contract, and no contract involving an 'Expenditure of more than five hundred dollars for the pur- pose of erecting any public buildings or making any iniprovements shall be made except upon sealed proposals and to the low^est responsible bid- der, after pul;lic notice for fourteen days previous to receiving such bids. Sec. 1260. BOAED ASSUMES CONTROL AFTER EQUALIZATION OF DEBTS AND PKOPERTY.] When any board of education shall be organized und^r the provisions of this article, it shall, after the equaliza- tion hereinafter provided for, assume control of the schools of the city, town or villa/?e, and shall be entitled to the possession of all property of the former district cr districts or parts thereof lying within such city, town or villrge, for t.ie use of schools. Such board shall also be entitled to its due proportion of all moneys on hand and taxes already levied but not collected, and shaii be liable for a proper amount of the debts and liabilities of such former district, to be determined in the manner pro- vided in this chapter for the equalization, determination and division of debts, property and assests of school districts consolidated or divided. Sec. 1261. SPECIAL DISTRICT MAY BECOME PART OF COMMON SCHOOL DISTRICT, WHEN.] Any special district organized under the general school laws and provided with a board of education may become a part of the common school district in which it is located, whenever it is so decided by a majority vote of the school electors of the city, town or village and of such common school district voting at an election called for that purpose. An (election) for such purpose shall be ordered and proper notice thereof given by the board of education of the special district, and the school board of such common school district in the same manner as is required for the election of school officers in such district, when petitioned by one-third of the voters resident in such district; and when so united the determination and division of the debts, property and assets shall be made by arbitration as provided in this chapter for school districts consolidated or divided. Villages not incorporated but hereto- fore organized under the general school laws and provided with a board of education shall become a part of the school district in which they are located and the determination and division of the property, debts and as- sets shall be made by arbitration as aforesaid. (c) Conduct of Annual Election in Special Districts. Sec. 1262. ELECTION OF BOARD OF EDUCATION IN SPECIAL DISTRICTS.] On the first Tuesday in June, each year, an election shall be held in each special district at which such members of the board of education shall be elected at large as shall be necessary to fill all vacan- 82 GENERAL SCHOOL LAWS cies therein caused by expiration of terms of office or otherwise, and each member elected shall serve for a term of thi-ee years commencing on the second Tuesday in July following his election and until his suc- cessor is elected and qualified except when elected to serve an unexpired term. The polls shall be open at 9 o'clock a. m. and kept open until 4 o'clock p. m. on the day of such election. Sec. 12G3. NOTICE OF ELECTION.] Such election shall be called by the board of education of such special district, which shall cause notice thereof to be posted or published as required by law for the annual election of civil officers in the city, town or village comprising such special district; such notice shall be signed by the clerk, or, in his ab- sence, by the president of the board of education of such district, and shall state the time and place of holding such election and what officers are to be elected and their terms. Sec. 1264. NOTICE OF ELECTION. FORM OF.] Such notice shall be in substantially the following form: Notice is hereby given that on Tuesday, the day of June, A. D an annual election will be held at (here insert polling place) for the purpose of election the following members of the board of education (here insert terms for which they are to be elected), for the city, town or village (here insert name), and the polls will be open at nine o'clock a. m., and closed at four o'clock p. m. of that day. By order of the Board of Education. Signed Clerk. Sec. 1265. CANDIDATES. OFFICIAL BALLOT.] Any person de- siring to be a candidate at such election shall file his or her name with the clerk not less than five days before such election, stating what posi- tion he or she desires to be a candidate for. At least three days before such election the clerk shall prepare aiid have printed an official ballot containing all the names filed as hereinbefore provided. Such ballot shall be headed "Official Ballot," shall contain the name of the district and the date of such election, shall be non-partisan, and state the number of persons to be voted for for each office, shall contain blank spaces be- low for writing in other names. Provided, nothing herein shall prevent any person desiring to be a candidate at such election and who failed to file as hereinbefore provided, from providing stickers to be attached to the official ballot by the voter, such stickers to be not over one-half inch in width and have printed thereon one name only. Sec. 1266. The provisions of sections 640, 641, 644, 648, 649 and 681 of the Revised Codes of 1905, and of sections 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 of chapter 129 of the Session Laws' of 1911, shall apply to elections held under the provisions of sections 1264 and 1265. Sec. 1267. ELECTION PRECINCTS AND OFFICERS OF ELEC- TION.] At least foux'teen days prior to such election the board of STATE OF NORTH DAKOTA 83 education of each special district shall designate one polling place and appoint two persons to act as judges and two persons to act as clerks. Before opening the polls each of such judges and clerki shall take an oath that he will pei-form his duties as judge or clerk (as the case may be) according to law and to the best of his ability, which oath may be administered by any officer authorized to administer oaths or by either of said judges or clerks to the others. Sec. 1268. CANVAS OF RETURNS.] Such election shall be con- ducted, the votes canvassed in the manner provided by law for election of county officers, and returns shall be made showing the number of votes cast for each person for any office, which shall be signed by the judges and clerks of election, and the person receiving the highest num- ber of votes for each office in the district shall be declared elected, and the returns shall be filed with the clerk of the board of education within two days thereafter. Sec. 1269. CERTIFICATES OF ELECTION.] The clerk of the board shall give to each person elected at such election a certificate stating that he was duly elected as a member of the board of education and the time he is to take the oath and enter upon the duties of his office. Such clerk shall also, within five days, certify to the county superintendent of schools the persons so elected and their terms. Sec. 1270. OATH OF OFFICE.] Before entering upon the duties of his office each person elected or appointed as a member of the board of education shall take the oath or affirmation prescribed in section 211 of the Constitution, which oatli shall be filed with the clerk of the board. Sec. 1271. VACANCIES. HOW FILLED.] The board of education of each city, town or village shall have power to appoint a person to fill any vacancy which may occur in the board; and such appointee shall hold his office until the next annual school election, at which time a person shall be elected to serve for the unexpired term; but if such vacancy shall occur within ten days before an annual election, such appointee shall hold office until the annual election in the following year. When any such appointment shall be made the clerk shall certify the same to the county superintendent. (f) Bonds and Bonding of Special Districts. Sec. 1272. BONDS, HOW AND WHEN ISSUED.] Whenever the taxes authorized by law shall not be sufficient or shall be deemed by the board of education to be burdensome, bonds may be issued and negotiated for the purpose of raising money to purchase a site or to erect suitable buildings thereon, or to fund any outstanding indebted- ness, or for the purpose of taking up any outstanding bonds of the school corporation: provided, that the issuance of such bonds shall first be au- thorized by the voters of such special district as hereinafter prescribed. Such bonds shall be signed by the president and clerk and attested by the corporate seal of the board, shall bear the date of their issue, and be payable in not less than five nor more than twenty years from their date, at such place as shall be designated upon their face. 84 GENERAL SCHOOL LAWS Sec. 1273. DENOMINATION OF BONDS.] The denominations of the bonds which may be issued under the provisions of this article shall be fifty dollars or some multiple of fifty, and shall bear interest at not more than five per cent, per annum, payable semi-annually on the first day of January and July in each year, shall show upon their face that they are issued for school purposes, and shall be sold at not less than par. Each bond shall have endorsed thereon the certificate of the clerk stating that such bond is issued pursuant to law and is within the debt limit pre- scribed by the Constitution. Sec. 1274. BONDS. ELECTION FOR ISSUING.] Before issuing any such bonds the board of education shall call an election for the pur- pose of submitting to the voters of the district the question of issuing such bonds, notice of which shall be given in the manner prescribed by law for giving notice of the annual election for the several officers of the city, town or village comprising such special district, except that such notice shall be given fourteen days before such election. Such elec- tion shall be conducted and the returns made in the manner provided for the annual election of members of the board of education and may be held at the time of the annual school election or at any other time named in such notice. The notice of such election shall clearly state the amount of the bonds proposed to be issued, the time in which they shall be made payable, the purpose for which thoy are to be issued, and the time and place such election will be held. At such election the voteis shall have written or printed on their ballots "for issuing bonds" or ''against issuing bonds," and if a majority of the votes cast is for issuing' bonds such bonds shall be issued and negotiated by such board of educa- tion, but if a majority thereof is against issuing bonds such bonds shall not be issued, nor shall the question be again submitted for one year thereafter except for a different amount and then only upon a written petition of a majority of the voters of the district. Sec. 127d. BONDS TO SPECIFY WHAT. DEBT LIMIT.] The bonds, the issuance of which is provided for in the foregoing section, shall specify the rate of interest and the time when the principal and interest shall be paid; and no district shall issue bonds in pursuance of this article in a sum greater than five per cent, of its assessed valuation, including other debts. Sec. 1276. LEVY FOR INTEREST AND SINKING FUND.] The board of education at the time of making its annual tax- levy for the support of schools shall also levy a sufficient amount to pay the interest as the same accrues on all bonds issued under the provisions of this article, and also to create a sinking fund for the redemption of such bonds, which it shall levy and collect in addition to the rate per cent, authorized by the provisions aforesaid for school purposes, and such amount of funds when paid into the treasury shall be and remain a special fund for such purpose only, and shall not be apportioned in any other way except as hereinafter provided. At or before the issuance of any bonds as herein provided the board shall by resolution provide for STATE OF NORTH DAKOTA 85 such annual levy to pay the interest and to create such sinking fund, and such resolutions shall remain in force until all such bonds and the interest thereon shall have been paid; provided that the provisions of this section shall also apply to payment of all warrants issued for a legal purpose and outstanding January 1st, 1915. (Chap. 131, p. 169, 1915.) Sec. 1277. INVESTMENT OF SINKING FUNDS. SCHOOL DIS- TRICTS.] All moneys raised for the purpose of creating a sinking fund for the final redemption of all bonds issued under article 14 of chapter 12 of the Political Code of the state shall be invested annually by the board of education of any special school district in this state as fol- lows, viz: 1. In the bonds of this state or of the United States. 2. A special school district board may designate one or more national or state banks in the county where such special school district is situated, as a depositary for such sinking fund, and in such case the school board shall advertise for at least fourteen days in some newspaper printed within the limits of said special school district, if there be one, if not, in the county where said school district is situated, for sealed proposals for the deposit of the sinking fund of such school district, reserving the right to reject any and all bids, and satisfying itself of the responsibility of all banks proposing to act as depositaries. Before any bank shall be designated as such depositary, it shall present to the school board a sealed proposal stating in writing what rate of interest will be paid for the deposit of such sinking funds, and shall submit to the board for its approval a bond payable to the special school district conditioned for the safe keeping and repayment of any funds deposited in such bank, which bond shall be signed by not less than three freeholders of this state as sureties or some surety bond company qualified to do business in this state, and such bond to be in the sum required by the school board and in no case to be less than double the probable amount of the funds to be deposited in such bank. The approval of such bond shall be endorsed thereon by the board and deposited with the county auditor, and any bank whose bond shall have been so approved shall thereupon be design- ated by the school board as a depositary for the sinking fund, and shall continue as such until such time as the board shall direct the withdrawal of such funds or until such funds are needed for the payment or the pur- chase of bonds as provided in this act. When the sinking fund of any special school district is deposited by the treasurer of the board of education of said school district in the name of the school district in such depositary, such treasurer and his sureties shall be exempt from all liability thereon by reason of loss of any such funds from the failure, bankruptcy or any other act of any such bank, to the extent only of such funds in the hands of such bank or banks at the time of such failure or bankruptcy. Such depositary shall furnish to the clerk of the board of education of such special school district prior to the fifth day of July of each year, a verified statement of the school district account with such depositary for the year ending June 30th, which statement shall 86 GENERAL SCHOOL LAWS show a credit to such deposit account of all sums of interest accruing on the sinking fund deposited. 3. The board of education of any special school district may buy and cancel the bonds of such district and pay for the same with the moneys in the sinking fund created to pay such bonds. 4. In first mortgages on farm lands in this state only in the following manner, to-wit: (a) That said first mortgages and all of them shall run for a period of time not to exceed ten years and that the funds so invested shall bear interest at a rate not less than six per cent, per annum and such interest when paid shall be covered into and become a part of the said sinking fund. (b) First mortgage loans shall be made only upon cultivated lands within the state, and in no case on lands of which the appraised value is less than seven dollars and fifty cents per acre, and in sums not to ex- ceed forty per cent, of the appraised valuation of such lands. Such ap- praisement to be made by the school board of such special school district or by some competent person designated by them for that purpose. Sec. 1278. SATISFACTION AND FORECLOSURE OF MORT- GAGES.] All or any of said mortgages may be satisfied at any time after five years from the date when made on payment of the full amount due thereon, by any instrument in writing executed in the corporate name of the special school district which shall be the payee in all notes taken for loans as herein provided and the mortgage in all mortgages taken. Such instrument to be executed and acknowledged in the same manner as is or may be provided by law for the execution and acknowl- edgment of transfers of real estate by corporations. Such mortgages may be foreclosed by advertisement or an action in the name of the special school district in any court of competent jurisdiction as is now or may be provided by law. Sec. 1279. INTEREST COUPONS.] When the interest coupons of the bonds hereinbefore authorized shall become due they shall be promptly paid by the treasurer, upon presentation, out of any moneys in his hands collected for that purpose, and he shall indorse in red ink upon the face of such coupons the word "paid" and the date of payment and sign the initials of his name. Sec. 1280. SECURITY FOR PAYMENT OF BONDS.] The school fund and property of such school corporation and territory attached for such purposes is hereby pledged to the payment of the interest and prin- cipal of the bonds mentioned in this article as the same may become due. Sec. 1281. BOND REGISTER.] The clerk of the board of education shall register in a book provided for that purpose the bonds issued under this article, and all warrants issued by the board, which -register shall show the number, date and amount of such bonds and to whom payable. Sec. 1282. REFUNDING BONDS. ISSUANCE OF.] The board of education of any special or independent school district shall have power, whenever two-thirds of the members of such board shall deem it neces- STATE OF NORTH DAKOTA 87 sary for the best interests of such school district, to issue bonds for the purpose of refunding any outstanding bonds when the same become due. Such bonds shall be issued in denominations of fifty dollars or some multiple of fifty, and shall not exceed in amount the face value of the bonds they are issued to replace, and shall not bear a higher rate of interest than five per cent, per annum, payable semi-annually on the first day of January and July of each year, nor run for a longer period than twenty years. Sec. 1283. BONDS MAY BE EXCHANGED.] Such refunding bonds may be exchanged at par for an equal amount of outstanding bonds or may be sold at not less than par value and the proceeds applied solely to the paj'ment of the bonds to be refunded, except that any premium that may be received on the sale of such bonds shall be kept as a separate fund and used for the payment of the interest on such bonds. Sec. 1284. ISSUE OF BONDS. HOW GOVERNED.] In the issuance of such refunding bonds the board of education shall be governed by the provisions of sections 1274 to 1280. Sec. 1285. SURPLUS FUNDS. HOW TRANSFERRED.] Any moneys remaining in the treasury of such school districts, appropriated or held for the purpose of paying such bonds so refunded, may, at the discretion of the board of education at any time within six months after such refunded bonds have been taken up and cancelled, be transferred to the building or contingent fund of such district. (g) Authority to Lease Buildings for School Purposes. (Chap. 138, p. 174, 1915.) Sec. 1. POWER TO LEASE BUILDINGS.] Whenever any board of education of any special school district, not having funds or credit available for construction or purchase, shall determine by resolution that additional school buildings or school rooms are necessary, and that it will be to the advantage of or for the best interests of the school district to rent such school buildings or school rooms and equipment, instead of buying or constructing the same, it may enter into a contract or lease for a term not to exceed twenty years, for the use of such building or buildings, to be constructed, rearranged and equipped for the use of the district, at a quarterly, semi-annual or annual rental to be stated therein. Sec. 2. PLANS AND SPECIFICATIONS.] In all cases wherein it shall appear that the annual rental of such rooms, building or buildings will exceed the sum of Three Hundred Dollars, the said board of educa- tion must first prepare or cause to be prepared, plans and specifications of such proposed school building or rooms to be approved by the city board of health, and the state superintendent of public instruction, and shall prepare or cause to be prepared the form or substance of the lease or contract to be entered into, and shall file copies of such proposed plans and specifications and lease or contract in the office of the clerk of the board of education, and at such other places as the board may by resolu- tion designate. Such lease or contract shall include or provide an option GENERAL SCHOOL LAWS or privilege on the part of the district to purchase, at a stipulated price, the property at any time during the term thereof in the manner provided by law for the purchase or erection of school buildings. Sec. 3. ADVERTISE FOR BIDS.] It shall then be the duty of the clerk of the board of education to advertise in not less than one, or more than three newspapers within such special school district, not less than once each week for three successive weeks, for bids for the construction, remodeling, providing or furnishing of such building or rooms and equip- ment, the advertisement to state where the plans and specifications and proposed lease may be inspected and the time and place where and the conditions under which the bids will be received and opened, and the bids to specify the rate or rental per annum for which the bidder will supply the required rooms or building and equipment, and enter into the re- quired contract. The board may reserve the right to accept or reject bids, and to require bidders to furnish bonds to insure their entering into the required contract and performing the same. Sec. 4. TAX LEVY.] At the time of opening such bids, or at any subsequent meeting within three months thereafter, the board may ac- cept the bid or bids appearing most advantageous to the district, and may enter into a contract as hereinbefore provided, for the providing of such building or rooms and equipment, and the rental and use thereof by the district. It shall then be the duty of the board forthwith, to levy a special tax against all the taxable property of the district, for a suffi- cient sum annually for the full term of such lease or contract, to cover the annual rental therein provided for, and such tax shall be certified, entered and collected in the same manner as taxes to meet bond issues, and shall not be diverted or used for any other purpose, nor be subject to revocation nor rescission while said contract is in force and eflfect. If such contract be terminated prior to the end of the term for which such tax levy is made, then it shall be the duty of the board to revoke or rescind such tax levy and to certify such rescission to the county auditor who will thereupon cancel the same for the unexpired term. Sec. 5. LEGAL CONSTRUCTION.] The contracting for the payment of future annual rental of such school rooms, or school building and equipment shall not be construed as creating an indebtedness on the part of the district, nor as increasing any pre-existing indebtedness, nor operate to prevent the district at any future time from using its limit of credit under the constitution to the same extent as if no such lease or contract were made. Sec. 6. ELECTION.] In case there should be filed with the clerk of the board of education, at any time prior to the opening of bids, or within ten days thereafter, a protest signed by not less than one-fourth of the legal voters of the district, protesting against the accepting of any bid, or the entering into any such contract, then it shall be the duty of the board to call and hold a special election upon the notice and in the man- ner provided by law for elections upon the question of issuing bonds, and shall submit to the qualified electors the question of approving or STATE OF NORTH DAKOTA 89 disapproving the making of such contract, and if a majority of the electors voting at such election shall vote against the making of such contract, then no further proceedings shall be had for the same purpose until at some subsequent election a majority of the electors voting shall have signified their approval of the same. CITY OF RUGBY v. HENRY NELSON ET AL. 1. ACTION AT LAW— SCHOOL DISTRICT— TREASURER— OF- FICIAL BOND— SURETIES— LOSS— DEPOSITARY— BANK— FAIL- URE OF— LIABILITY OF TREASURER— DEPOSITS— MADE UNDER ORDER OF BOARD.] Action of law to recover of the Rugby School District treasurer and sureties on his official bond for a balance of $2,521 and interest, lost by the district through the failure of its depositary, the defunct First National Bank of Rugby. Held: That the treasurer in depositing the school funds therein upon order of the district board, and in compliance with the statutes, is not liable upon his official bond where the school funds are lost to the district. 2. SCHOOL BOARD— DEPOSITARIES— DESIGNATION OF— DUTY AND PROVINCE— BONDS.] The designation of depositaries, and re- quiring of bonds from them, was the duty and province of the school board, not the treasurer. 3. SCHOOL BOARD— COMPLIANCE WITH LAW— TREASURER- MAY ASSUME— DEPOSITS— BONDS.] Under the record the treasurer was justified in assuming that the board had complied with the law in the designating of depositaries, and had exacted sufficient depositary bonds. 4. DESIGNATION OF DEPOSITARY— CONTINUES.] The original designation of depositaries in 1905 was sufficient to continue said bank as a legal depositary and without a redesignation in July, 1907. 5. SINKING FUND— LOSS OF DEPOSIT— ORDER OF BOARD- MADE UNDER— BANK ONCE DESIGNATED— TREASURER— MAY PRESUME CONTINUANCE.] The loss arises principally from the de- posit of a sinking fund as to which the school board is empowered to order a deposit to be made in any depositary therefor, and, which depositary may be designated after advertisement and at any time. The treasurer had the right to rely upon the presumption that said bank had been designated as a depositary for such funds. 6. SCHOOL TREASURER— CONTROL OF FUNDS— LIMITED- BOARD SELECTS DEPOSITARIES— SCHOOL FUNDS— AUTHORITY OVER— WITH SCHOOL BOARDS— TREASURER— NOT INSURER- EXONERATED.] School treasurers have not the control of the district funds except in a limited way for the purpose of depositing them in depositaries selected by the board. The authority over school funds is with the district board since the enactment of depositary statutes; and since which time the treasurer is no longer an insurer of the return of school funds to the district after their deposit as provided by law. The facts exonerate the treasurer and his bondsmen from liability. 33 N. D. 462. (Opinion filed March 24, 1916.) 90 GENERAL SCHOOL LAWS WEIDERHOLT ET AL, v. LISBON SPECIAL SCHOOL DISTRICT NO. 19 ET AL. 1. In an action brought by citizens and taxpayers residing within an area affected by the proceedings of a board of directors of a special school district annexing territory to the district, it is held: That a complaint which alleges the none?;istence of facts required to give the school board authority to enlarge the district states a cause of action. 2. The legality of proceedings of a school board in re-forming a dis- trict by adding territory thereto, which could have been tested at the common law by a writ of quo warranto or by infonnation in the nature of quo warranto, may be tested in this state by a civil action in the dis- trict court under section 7969 of the Compiled Laws of 1913. 169 N. W. 809. THE RED RIVER VALLEY BRICK COMPANY v. THE CITY OF GRAND FORKS. 6. SCHOOL DISTRICT — TOWNSHIP — INTEREST— MAINTAIN ACTION.] A school district and a township have sufficient interest in a change of a part of the territory included therein from the school dis- trict into the adjacent city district, and from the to^viiship into the ad- jacent city, by means of which the taxable real estate in such tovniship and district would be greatly lessened and the rate of taxation materially increased, to qualify them to maintain an action to test the validity of the annexation proceedings. 9. CITY— ANNEXATION OF ADJACENT TERRITORY— EXTRA- ORDINARY POWER— STATUTE— COMPLIANCE WITH.] The statute referred to, and providing for the annexation of adjacent territory to an incorporated city, must be strictly construed under the doctrine of Stern v. Fargo, 18 N. D., 289, 26 L. R. A. (N. S.) 665, 122 N. W. 403, and because, if valid, it grants cities most extraordinary power by per- mitting them to annex territory in direct opposition to the wishes and pi-otests of all the people whose interests are to be affected, and because this power is only granted upon a condition precedent that the statute shall be complied with. 27 N. D. 8. (Opinion filed February 5, 1914.) GREENFIELD SCHOOL DISTRICT ET AL. v. HANNAFORD SPECIAL SCHOOL DISTRICT ET AL. 1. SCHOOLS AND SCHOOL DISTRICTS— ANNEXATION OF AD- JACENT TERRITORY— COLLATERAL ATTACK— ACQUIESCENCE —PRESUMPTION AS TO OFFICIAL DUTY.] The Board of Education of Hannaford special school district, having, under Section 949, Rev. Codes 1905, annexed adjacent territory to said special school district for school purposes, upon application in writing signed by fourteen voters of such adjacent territory, held, under the facts in this case, that the question as to whether said application was sighed by a majority of STATE OF NORTH DAKOTA 91 the voters of such adjacent territory is not open to attack at this time. Held, further, the board of education having made the order for an- nexatioi^ of such adjacent ten-itory, it is presumed that the board did everything which the statute in question required it to do before it made that order. The presumption is that public officials do as the law and their duty require them. 2. SCHOOLS AND SCHOOL DISTRICTS— ESTOPPEL— VALIDITY ACQUIESCED IN.] Under the facts stated in the opinion, held, that the plaintiffs are estopped from questioning the validity of the proceedings of the board of education in annexing adjacent territory to Hannaford special school district. 20 N. D. 394. (Opinion filed June 20, 1910.) SCHOOL DISTRICT NO. 94, A CORPORATION, v. C. M. THOMPSON, ET AL. 1. SPECIAL SCHOOL DISTRICT— OFFICERS— ANNEXATION OF TERRITORY — INJUNCTION — INDEBTEDNESS — DEBT LIMIT- CONSTITUTION— ISSUES FOR TRIAL— PETITIONERS— RESIDENTS —SCHOOL VOTERS OF TERRITORY.] Plaintiff seeks to perpetually enjoin defendants, as officers of a special school district, from annexing certain adjacent territory to such district for school purposes, under Sec. 133, chap. 266, Laws of 1911, alleging as grounds for such relief that the special district had unlawfully incurred an indebtedness exceeding the constitutional debt limit, and also that the petition for such annexation was not signed by qualified school voters in such adjacent territory. HELD, that the first ground alleged is of no avail, it being wholly im- material under such statute. HELD, further, that the sole issue for trial under the pleadings is whether the signers of the petition were in fact residents and school voters in such adjacent territory, and on trial de novo the trial court's finding thereon in defendants' favor is adopted by this court. 2. PETITION FOR ANNEXATION— ADJACENT TERRITORY- FACTS SET FORTH — JURISDICTIONAL PREREQUISITES — BOARD TO DETERMINE— BEFORE ACTING.] The petition for the annexation of adjacent territory to a special district for school purposes need not set forth all the facts, the existence of which is required by the statute to authorize the board to act. It is for the board of the special district to determine, before allowing such petition, whether the juris- dictional prerequisites in fact exist authorizing it to grant the prayer of the petitioners. 3. PETITIONERS— REAL PROPERTY— OWNERS— IMMATERIAL —SCHOOL VOTERS ONLY.] The fact that the petitioners were not ' owners of the real property sought to be annexed is not material,, the statute merely requiring that they be school voters in such adjacent ter- ritory. Nor does the fact that such petitioners contemplated a removal from such lands at a future time, disqualify them from acting while they remained such voters. 4. PETITION— NOTICE OF HEARING— PUBLISHED— POSTING.] 92 GENERAL SCHOOL LAWS Appellant's contention that the notice of hearing on such petition was not published as required by Sec. 133, supra, held untenable. One publica- tion of such notice in the nearest newspaper fourteen days prior to the hearing, and posting the same in the manner prescribed in the above section, is all that was contemplated by the legislature. 27 N. D. 459. (Opinion filed April 6, 1914. On petition for rehearing April 14, 1914.) STATE EX REL. NICHOLSON v. FERGUSON ET AL. AS BOARD OF COUNTY COMMISSIONERS. In 1883 congressional township 146 north of range 56 west in Foster county was organized into a common-school district. In 1900 the city of Carrington was incorporated, embracing all of section 19 in said town- ship. In 1902 pursuant to a petition, notice, etc., an election was held in such school district, for the purpose of organizing the same into a special school district, which proposition carried by practically a un- animous vote, and ever since the date of such election the inhabitants of such township have recognized such special school district corpora- tion, and such corporation has regularly elected its officers, levied taxes, issued bonds and expended large sums for educational purposes. In 1906 such congressional township, with the exception of section 19, was organized as a civil township. Thereafter, and in September, 1907, the resident electors and taxpayers of such civil township petitioned the board of county commissioners and the superintendent of schools to segregate the territory embraced in such civil township from the school district aforesaid, and to organize therein a distinct school district. Such petition was denied, and relators seek by mandamus to compel com- pliance therewith by the officers aforesaid. Held: — 1. MANDAMUS— INQUIRY INTO DUE ORGANIZATION OF SCHOOL DISTRICT.] That such special school district it at least a de facto school corporation, and its due organization will not be inquired into in a man- damus proceeding. 2. PETITION FOR ORGANIZATION OF SCHOOL DISTRICT.] That the territory which relators seek to have segregated and organized into a distinct school district being embraced within such special school dis- trict, Sec. 949, Rev. Codes, 1905, is controlling. This section provides "that the county commissioners shall detach any part of such adjacent territory which is at a greater distance than 3 miles from the central school in such special district, and attach to any adjacent school or special district or districts upon petition to do so, signed by three fourths of the legal voters of such adjacent territory." The relators were therefore not entitled to the relief prayed for, and the district court properly quashed the writ. 23 N. D. 153. (Opinion filed January 29, 1912.) Rehearing denied February 27, 1912. STATE EX REL. vs. SCHOOL DISTRICT NO. 21. SPECIAL SCHOOL DISTRICTS— EQUALIZATION OF INTERESTS.] Where a school district is divided, by the organization of a city or incor- STATE OF NORTH DAKOTA 93 porated town or village situated within said district, into a special school district, under the provisions of Chapter 62 of the laws of 1890, the board of arbitration provided for by said chapter to equalize the interest of said districts must take into consideration the school building owned by the original district, and adjust the rights of the respective districts con- cerning the same. 6 N. D. 488. (Opinion filed May 27, 1897.) ARTICLE 12. INDEPENDENT SCHOOL DISTRICTS (a) How Formed. Sec. 1286. HOW ORGANIZED.] Any city heretofore organized for school purposes under a special law and provided with a board of educa- tion may become incorporated as an independent school district under the provisions of this article in the manner following: Whenever one- eighth of the legal voters of such city voting at the preceding municipal election shall petition the mayor and council thereof to submit the ques- tion as to whether such city shall establish an independent school dis- trict under this article to a vote of the electors in such city it shall be the duty of such mayor and council to submit such question accordingly and to appoint a time and place or places at which such vote may be taken and to designate the persons who shall act as judges at such elec- tion, but such question shall not be submitted oftener than once in two years. Sec. 1287. NOTICE OF ELECTION.] The mayor of such city shall cause at least fourteen days' notice of such election to be given by pub- lishing a notice thereof in one or more newspapers within such city, but if no newspaper is published therein, then by posting at least five copies of such notice in each ward or voting precinct. Sec. 1288. FORM OF BALLOTS. RETURNS.] The ballot to be used at such election shall be in the following form: "For establishing an in- dependent school district," or "against establishing an independent school district." The judges of such election shall make returns thereof to the city council whose duty it shall be to canvass such returns and cause the result of such canvass to be entered upon the records of such citv. If a majority of the votes cast at such election shall be for es- tablishing an independent school district, such independent school dis- trict shall henceforth be deemed to be organized under this article and the board of education then in office shall thereupon exercise the powers conferred upon the officers in this article until their successors are elected and qualified. Sec. 1289. BOUNDARIES.] All that portion included within the cor- porate limits of any city, together with the additions that are now or may be hereafter attached to such city limits shall be constituted and established an independent school district to be designated as the "In- dependent School District of the City of " and a board of education is hereby established for the same. (b) Election of Members and Organization of Board. 94 GENERAL SCHOOL LAWS Sec. 1290. MEMBERS OF THE BOARD. HOW ELECTED. QUORUM AND TERM OF OFFICE.] Such, board shall consist of one member from each ward in the city, and when the city is divided into an even number of wards then such city shall elect one member of such board at large, and when such city is divided into an odd number of wards such city shall elect two members of such board at large. Such members shall hold their office for the term of three years and until their succes- sors are elected and qualified^ Provided, that at the first election in independent districts hereafter organized members from even numbered wards shall be elected for a term of one year; and members from odd numbered wards for a term of two years; and members at large shall be elected for a term of three years. Provided, further, that in such cities as have been heretofore organized independent school districts that the term of office of members at large elected in 1912 shall be three years; that the term of office for members of said board from even num- bered wards elected in 1912 be extended to two years from the date of their election; that the term of office of the members elected from odd numbered wards in 1911 shall remain two years, and that thereafter the term of office for all members shall be three years. A majority of said board shall constitute a quorum. Sec. 1291. DATE OF ELECTION. CANVASS OF VOTES.] The elec- tion referred to in the foregoing shall be held on the third Monday in April of each year, at the usual polling place for municipal elections in each ward. The mayor shall have authority and is hereby empowered to appoint two judges and one clerk for each election, who shall open the polls at the hour of eleven o'clock in the forenoon and hold the same open until five o'clock in the afternoon of the same day. Such elections shall be conducted in all respects and the polls closed and votes can- vassed in the same manner as municipal elections, and the judges shall have the same power and authority in all respects as the judges of elec- tions for municipal officers, and after the votes are canvassed the judges shall make their returns to the city clerk or auditor, as the case may be, within twenty-four hours after the polls are closed and the city council shall canvass such returns and declare the result within three days thereafter, which result shall be entered upon the records of the city, and it shall be the duty of the city clerk or auditor to issue certificates of election to the persons declared elected. The judges and clerks of election shall receive the same compensation for their services as at municipal elections for mayor and aldermen. Sec. 1292. VACANCIES, HOW FILLED.] If any vacancy occurs in the board for any cause, the remaining members thereof shall fill such vacancy by appointment until the next annual election, and at such election a new member shall be elected to fill the unexpired term. Sec. 1293. STYLE AND POWERS OF BOARD.] The board so elected shall be a body corporate in relation to all the power and duties con- ferred upon it by this article and shall be styled "The Board of Educa- tion of the Independent School District of the City of STATE OP NORTH DAKOTA 95 (here insert the name of the city,)" and as such shall have the power to sue and to be sued, contract and be contracted with, and shall possess all the powers usual and incident to such bodies corporate, and such as shall be herein given, and shall procure and keep a corporate seal. At each annual meeting of the board the members thereof shall elect one of their number president of the board, and when he is absent a president pro tempore shall be appointed, who shall preside during such absence. The members so elected shall each qualify by taking the prescribed oath of office within ten days after receiving their certificates of election, and shall assume the duties of their office at the annual meeting of the board held on the first Tuesday in May of each year. Sec. 1294. RESPONSIBILITY OP BOARD.] The members of the board shall receive no compensation, nor be interested directly or indirectly in any contract for building or making any improvements or repairs provided by this chapter. They shall have the care and custody of all public property in such district pertaining to school purposes and the general management and control of all school matters. Sec. 1295. MEETINGS OP BOARD.] The regular meetings of the board shall be held on the first Tuesday of each month, and the board may hold special meetings upon notice. The regular meeting may be adjourned for any time shorter than one month. Special meetings may be called by the president or in case of his absence or inability to act, by any three members of the board as n^^f^-n as necessary by giving a personal notice in writing to each member of the board or by causing such notice to be left at his place of residence at least forty-eight hours before the hour of such special meeting. Sec. 1296. SECRETARY, DUTIES OP.] Such board shall appoint a secretary, who shall hold his office during the pleasure of the board and whose compensation shall be fixed by the board. The secretary shall keep a record of the proceedings of the board and perform such other duties as the board may prescribe. Such record, or a transcript thereof, certified by the secretary and attested by the seal of the board, shall be received in all courts as prima facie evidence of the facts therein set forth; and such records and all the books, accounts, vouchers and papers of the board shall at all times be subject to inspection by the members of such board or anj^ committee thereof, or by any taxpayer of the dis- trict. For the purpose of economy the board may, if deemed advisable, appoint one of its own members secretary. The annual report of the secretary shall contain such items as may be required by the super- indendent of public instruction. (c) Powers and Duties of the Board in Independent Disti'icts. Sec. 1297. GENERAL POWERS.] The board shall have power and it shall be its duty: 1. To organize and establish such schools in the district as it shall deem requisite and expedient, and to change and discontinue the same. 2. To purchase, sell, exchange and lease school houses and rooms, lots or sites for school houses, and to fence and improve the same. 96 GENERAL SCHOOL LAWS 3. To build, enlarge, alter. Improve or repair school houses, outhouses and appurtenances as it may deem advisable upon lots and sites owned by the district. 4. To purchase, sell, exchange, improve and repair school apparatus, books for indigent pupils, furniture and appendages and provide fuel for schools. 5. To have the custody and safe keeping of the school houses, out- houses, books, furniture and appurtenances, and to see that the or- dinances of the city council in relation thereto are observed. 6. To contract with and employ a superintendent and all teachers in such schools for a period not to exceed three years, and remove them at pleasure. 7. To pay the salaries of such teachers out of the money appropriated and provided by law for the support of common schools in such district, so far as the same shall be sufficient, and the residue thereof from the money authorized to be raised by this article. 8. To defray the necessary and contingent expenses of the board, in- cluding the compensation of the secretary. 9. To have in all respects the superintendence, supervision and man- agement of the public schools of such district and from time to time to adopt, alter, modify and repeal, as they may deem expedient, rules and regulations for their organization, grading, government and instruction, for the reception of pupils and their transfer from one school to another, for the suspension and expulsion of pupils subject to the same restric- tions as are contained in sub-division 11 of section 1251, and generally for their good order, prosperity and utility. 10. To prepare and report to the city council of the city such or- dinances and regulations as may be necessary and proper for the pro- tection, safe keeping, care and preservation of school houses, lots and site and appurtenances and all the property belonging to the district con- nected with or appertaining to the schools within the city limits, and to suggest proper penalties for the violation of such ordinances and regula- tions, and annually, on or before the first Monday in July, to determine and certify to the county auditor the rate of taxation in its opinion nec- essary and proper to be levied under the provisions of this article, for the year commencing on the first day of July thereafter, and also at any time to determine how many and what denomination of bonds shall be issued and sold to pay the extraordinary outlays required. Sec. 1298. POWERS OF BOARD.] The board shall have power and it shall be its duty to levy and raise from time to time, by tax, such sums as may be determined by the board to be necessary and proper for any of the following purposes: 1. To purchase, exchange, lease or improve sites for school houses. 2. To build, purchase, lease, enlarge, alter, improve and repair school houses and their outhouses and appurtenances. 3. To purchase, exchange, improve and repair school apparatus, books, furniture and appendages. STATE OF NORTH DAKOTA 97 4. To procure fuel, to pay janitors and defray the contingent expenses of the board, including the expenses of the secretary. 5. To pay teachers' salaries after the apportionment of public moneys which may be by law appropriated and provided for that purpose. Sec. 1299. VISITING SCHOOLS.] Each member of the board shall visit all the public schools in the district at least twice in each year of his official term, and the board shall provide that each of the schools shall be visited by a committee of three or more of their number at least once during such term. Sec. 1300. NON-RESIDENT PUPILS.] Such board of education shall have power to allow the children not resident in such district to attend the schools of such district under the control and care of such board, upon such terms as the board shall prescribe, fixing the tuition which shall be paid therefore. Sec. 1301. COLLECTION OF TAX.] The tax to be levied and collected as aforesaid by virtue of this article shall be collected in the same manner as other county taxes, and for that purpose the board of educa- tion shall have power to levy and cause to be collected such taxes as are herein authorized, and shall cause the amount for each purpose to be certified by the secretary to the county auditor in time to be added to and put upon the annual tax list of the county. And it shall be the duty of the county auditor to calculate and extend upon the annual assess- ment roll and tax list the tax so levied by such board, and such tax shall be collected as other county taxes are collected. Sec. 1302. AMOUNT OF TAX LIMITED.] The amount raised for teachers' salaries and contingent expenses shall be only such as together with the public moneys coming to such district from the state and county fund ant< other sources shall be sufficient to maintain efficient and proper schools in such district. The taxes for the purchasing, leas- ing or improving of sites, and the building, purchasing, leasing, enlarging, altering or repairing of school^ houses shall not exceed in any year twenty mills on the dollar, of the assessed valuation of taxable property of the district, and the board of education is authorized and directed, when necessary, to borrow in anticipation, the amount of the taxes to be raised, levied and collected as aforesaid. (d) Bonds and Bonding of Independent Districts. Sec. 1303. AUTHORITY TO ISSUE.] The board of education of such district is authorized and empowered, and it is its duty whenever the boards deems it necessary for the efficient organization and establishment of schools, including the purchase of school sites and the construction and furnishing of school houses, in such district, and when the taxes authorized by this article shall not be sufficient or shall be deemed by the board to be burdensome upon the taxpayers of the district, from time to time to issue bonds of the district in the denomination of fifty dollars or some multiple of fifty, payable at a time not to exceed twenty-five years after date and bearing interest at a rate not to exceed five per cent. per annum, payable semi-annually on the first day of January and July GENERAL SCHOOL LAWS of each year; and to show upon their face that they are issued for the purpose of building or furnishing a school house or school houses, pur- chasing grounds on which to locate the same, or to fund any outstanding indebtedness, or for the purpose of taking up any outstanding bonds; and the said board of education is authorized to cause the same to be sold at not less than par value, and the money realized therefrom deposited with the city treasurer to the credit of such board of education; and when any bonds shall be so negotiated it shall be the duty of the board to pro- vide by tax for the payment of the principal and interest of such bonds; provided, that at no time shall the aggregate amount of such bonds, in- cluding all other indebtedness, exceed fifty mills on the dollar of valua- tion of the taxable property of such district, to be determined by the last city assessment. Sec. 1304. MONEYS PAID TO CITY TREASURER.] All moneys raised pursuant to the provisions of this article and all moneys which shall by law be appropriated to or provided for such district, shall be paid over to the city treasurer of the city, and the county treasurer shall from time to time as he shall receive the county school funds, and at least once in each month, on the first Monday thereof, pay over to such city treasurer the proportion thereof belonging to such district; and for that purpose the board shall have the power to cause all needful steps to be taken including census reports or other acts or things, to enable such board to receive the school money belonging to such district, as fully and completely as though such district formed one of the school districts of the county where the same may be situated. Sec. 1305. BOND OF TREASURER.] The city treasurer of such city shall give a bond to such board of education in such sum as the board shall from time to time require, with two or more sureties to be approved by the board, conditioned for the safe keeping of the school funds, which shall be in addition to his other bond; and such treasurer and the sure- ties upon such bond shall be accountable to the board for the moneys that come into his hands, and in case of failure of such treasurer to give such bond when required by the board, or within ten days thereafter, his office shall become vacant and the city council shall appoint another person in his place. Sec. 1306. SCHOOL FUNDS, HOW KEPT AND PAID OUT.] All moneys required to be raised by virtue of this article shall be paid in cash or in warrants hereinafter provided, drawn on the school fund only, and such moneys and all moneys received by such district for the use of the common schools therein shall be deposited for safe keeping with such city auditor to the credit of the board of education, and shall by him be safely kept separate and apart from any other funds until drawn from the treasury as herein provided. Such treasurer shall pay out the moneys authorized by this article only upon warrants drawn by the president, countersigned by the secretary and attested by the seal of such board of education. Sec. 1307. INVESTMENT OF SINKING FUNDS, SCHOOL DISTRICTS.] All moneys raised for the purpose of creating a sinking fund for the STATE OF NORTH DAKOTA 99 final redemption of all bonds issued under article 71 of Chapter 9 of the Civil Code of the state shall be invested annually by the board of educa- tion of any independent school district in this state as follows, viz: 1. In the bonds of this state or of the United States. 2. An independent school district board may designate one or more national or state banks in the county where such independent school dis- trict is situated, as a depositary for such sinking fund, and in such case the school board shall advertise for at least fourteen days in some news- paper printed within the limits of said independent school district, if there be one, if not, in the county where said school district is situated, for sealed proposals for the deposit of the sinking fund of such school district, reserving the right to reject any and all bids and satisfying it- self of the responsibility of all banks proposing to act as depositaries. Before any bank shall be designated as such depositary it shall present to the school board a sealed proposal stating in writing what rate of in- terest will be paid for the deposit of such sinking funds and shall sub- mit to the board for its approval a bond payable to the independent school district conditioned for the safe keeping and repayment of any funds deposited in such bank, which bond shall be signed by not less than three freeholders' of this state as sureties or some surety bond com- pany qualified to do business in this state, and such bond to be in the sum required by the school board and in no case to be less than double the probable amount of the funds to be deposited in such bank. The ap- proval of such bond shall be endorsed thereon by the board and deposited with the county auditor, and any bank whose bond shall have been so approved shall thereupon be designated by the school board as a deposi- tary for the sinking fund, and shall continue as such until such time as the board shall direct the withdrawal of such funds or until such funds are needed for the payment or the purchase of bonds as provided in this act. "When the sinking fund of any independent school district is de- posited by the treasurer of the board of education of said school district in the name of the school district in such depositary such treasurer and his sureties shall be exempt from all liability thereon by reason of loss of any such funds from the failure, bankruptcy or any other act of any such bank to the extent only of such funds in the hands of such bank or banks at the time of such failure or bankruptcy. Such depositary shall furnish to the clerk of the board of education of such independent school district prior to the fifth day of July of each year, a verified statement of the school district account with such depositary for the year ending June 30, which statement shall show a credit to such deposit account of all sums of interest accruing on the sinking fund deposited. 3. The board of education of any independent school district may buy and cancel the bonds of such district and pay for the same with the moneys in the sinking fund created to pay such bonds. (e) Management of Revenues and Property. Sec. 1308. EXPENDITURES NOT TO EXCEED REVENUES.] It shall be the duty of the board in all of its expenditures and contracts to have reference to the amount of money which shall be subject to its order 100 GENERAL SCHOOL LAWS during the cui'rent year for the particular expenditures in question and not to exceed that amount. Sec. 1309. TITLE TO PROPERTY OF DISTRICT.] The title of all property belonging: to any such independent school district shall be vested in such district for the use of the schools, and the same while used and appropriated foij school purposes shall not be levied upon or sold by virtue of any warrant or execution or other process, nor be subject to any judgment or mechanic's lien or taxation for any purpose whatever; and the district in its corporate capacity may take, hold and dispose of any real and personal property transferred to it by gift, grant, bequest or devise for the use of the common schools for the district, whether the same is transferred in terms of such district by its proper name or to any person or body for the use of such schools. Sec. 1310. TITLE, HOW CONVEYED.] Whenever any property is purchased by the board a conveyance thereof shall be taken in the name of such district; and whenever any sale of such property is made by the board, a resolution in favor of such sale shall first be adopted and spread upon the records of the board, and the conveyance of such property shall be executed in the name of such district by the president of the board attested by the secretary under the seal thereof, and acknowledged by such officers. Such president and secretary shall have authority to ex- ecute conveyances as aforesaid with or without covenants of warranty on behalf of the district. Sec. 1311. REPORT OF CITY TREASURER.] It shall be the duty of the city treasurer at least fifteen days before the annual election for members of such board and as often as called upon by the board, to pre- .pare and report to such board a true and correct statement "of the re- ceipts and disbursements of moneys under and pursuant to the provi- sions of this article, during the preceding year, which statement shall set forth under appropriate head: 1. The money raised by the board under section 1298. 2. The school money received from the county treasurer. 3. The money received under section 1303, 4. All money received by the city treasurer, subject to the order of the boai'd, specifying the sources fi'om which it accrued. 5. The manner in which all money has been expended, specifying the amount under each head of expenditures and the board shall at least one week before such election, cause such statement to be published in all the newspapers of the city which will publish the same gratuitously. _ Sec. 1312. NEW DISTRICT TO ASSUME DEBTS OF OLD.] School districts created imder the provisions of this article shall assume all obligations and liabilities incurred by the districts out of which they are foi-med, if old districts are not divided, and a proportionate part if divided. Sec. 1313. FORFEIT FOR REFUSAL TO SERVE AS MEMBER OF BOARD.] It shall be the duty of the clerk of said school board imme- STATE OP NORTH DAKOTA 101 diately after the election of any person as a member thereof, personally or in writing, to notify him of his election, and if any person shall not within ten days after receiving such notice of election, take and sub- scribe the oath as herein provided and file the same v^ith the city auditor, the board may consider it as a refusal to serve, and fill the vacancy thus occasioned, and the person so refusing shall forfeit and pay to the city treasurer for the benefit of the schools of such district a penalty of fifty dollars, which may be recovered in the name of such city by a civil action. Sec. 1314. CITY COUNCIL TO PASS CERTAIN ORDINANCES.] The city council shall have the power and it shall be its duty to pass such ordinances and regulations as the board of education may recom- mend as necessary for the protection, preservation, safe keeping and care of the school houses, lots, sites, appurtenances, libraries, and- all necessary property belonging to or connected with the schools of the city, and to provide proper penalties foij the violation thereof, and all penalties shall be collected in the same manner that the penalties for violation of city ordinances are collected, and when collected shall be paid to the city treasurer and placed to the credit of the board of educa- tion, and shall be subject to its order as herein provided. ARTICLE 13. BOARD OF EDUCATION IN CERTAIN CITIES. Sec. 1315. BOARDS TO BE ELECTED AT LARGE.] In each city not organized under the general law there shall be a board of education con- sisting of seven members having the qualifications of electors who shall be elected at large by the electors of such city qualified to vote at school elections; and, except as may be otherwise provided herein for the first election, two members of such board shall be elected annually and three triennially at a special election to be held on the Tuesday after the first Monday in June; provided, that the provisions of this article shall not apply to cities existing under a special act or which are now under the general school laws. Sec. 1316. TERM OF OFFICE.] The term of office of a member of the board of education, except as in this article otherwise provided, shall be three years and until his successor is elected and qualified. Sec. 1317. ELECTIONS.] All elections under the provisions of this article shall be called, conducted and the votes canvassed and returned in the manner provided by law for general city elections. Sec. 1318. RELATIVES NOT ELIGIBLE AS TEACHERS.] No son, wife or daughter of any member of the school board shall be eligible to a position as a teacher in the schools of the district which such member represents except upon the consent of all the members of such board. Sec. 1319. INDEPENDENT SCHOOL ORGANIZATIONS UNDER SPECIAL LAWS ABOLISHED.] Any independent school district or- ganized for school purposes under a special law, which does not include or is not included in any city or incorporated town or village organized for municipal purposes, shall become a part of the school district in 102 GENERAL SCHOOL LAWS which it is located by the repeal of the special law organizing or govern- ing such independent district. Any independent disti'ict organized for school purposes under a special law or under any other law than is con- tained in this chapter which includes or is included in any city or incor- porated town or village organized for municipal purposes, shall become a special district by the repeal of the special law organizing or govern- ing such independent school district. Any school district or special dis- trict so constituted or constituted in part shall be governed by the pro- visions of this chapter: provided, that nothing herein shall prevent any such independent district from coming under the operation of this chap- ter in the manner therein provided. Sec. 1320. OLD SCHOOL OFFICERS HOLD OVER.] The board of education or other governing board of such independent district shall continue to exercise the powers and duties devolving upon it under the pi'ovisions of such special or other law governing such special in- dependent district, the same as though such hiw had not been repealed, until the second Tuesday in July following the repeal of such special or other law; provided, that all that portion of the general school laws which provides for an annual school election shall apply to such in- dependent district and shall be in full force and effect for the purpose of electing school officers at such annual election; and such officers shall be elected in and for the whole school district, including the independent district or portion of such independent district located therein, or in and for the special district, the same as though no law had ever existed pro- viding for the organization of such independent district; provided, fur- ther, that in a special district formed and created as herein provided, a full board of education shall be elected as provided by law for first elections, but in school districts formed as herein provided by the addi- tion of such independent district or portion thereof there shall be elected only such officers as are required to fill the regular vacancies in the school offices of such school district heretofore organized. Sec. 1321. DEBTS AND ASSETS DETERMINED BY ARBITRA- TION.] When the boundaries of such school dista-ict shall have been arranged as contemplated in this article, the determination and division of consolidation of all debts, property and assets of the several portions of such district or districts so consolidated shall be made by arbitration as provided by law. CHAPTER 4— MISCELLANEOUS REQUIREMENTS AFFECTING SCHOOL ADMINISTRATION ARTICLE 14. FINES, FORFEITURES AND PENALTIES Sec. 1347. PENALTY FOR NEGLECT OF DUTY BY SCHOOL DIRECTOR, TREASURER OR CLERK.] Each person duly elected to any school district office, who, having entered upon the duties of his office, shall neglect or refuse to perform any duties required of him by STATE OF NORTH DAKOTA 103 the provisions of this chapter, shall upon conviction be fined in the sum of ten dollars and his office shall be deemed vacant. Sec. 1348. PENALTY FOR FALSE ELECTION RETURNS.] Any judge or clerk of election, school district clerk or county auditor who wilfully violates the provisions of this chapter in relation to elections or who wilfully makes a false return shall upon conviction be deemed guilty of a felony. Sec. 1349. SPECULATION IN OFFICE PROHIBITED.] No school officer shall personally engage in the purchase of any school bonds or warrants nor shall any such officer be personally interested in any con- tract requiring the expenditure of school funds except for the purchase of fuel and the procuring of insurance and such supplies as are in daily use, but not including furniture, or the expenditure of funds appropriated by the state, county, school corporation or otherwise, for any special purpose connected with his office. Any violation of this section shall be a misdemeanor. Sec. 1350. PENALTIES FOR UNLAWFUL DRAWINGS OF SCHOOL MONEY.] Any person who draws money from the county treasury, who is not at the time a duly qualified tr6asurer of the school corpora- tion for which he draws the money and authorized to act as such, shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine not less than twenty-five dollars. Sec. 1351. USE OF SCHOOL FUNDS. WHEN EMBEZZLEMENT.] Each treasurer who shall loan any portion of the money in his hands be- longing to any school district, whether for consideration or not, or who shall expend any portion thereof for his own or any other person's private use, is guilty of embezzlement, and no such treasurer shall pay over or deliver the school money in his hands to any officer or person or to any committee to be expended by him or them; but all public funds shall be paid out only by the proper treasurer as hereinbefore provided. Sec. 1352. ACTION TO RECOVER MONEY WHEN TREASURER FAILS TO PAY OVER.] If any person shall refuse or neglect to pay over any money in his hands as treasurer of a school district to his suc- cessor in office, his successor must, without delay, bring action upon the official bond of such treasurer for the recovery of such money. Sec. 1353. PENALTY. WHEN INDORSEMENT OF UNPAID WAR- RANTS IS NOT MADE.] Any violation by a district treasurer of the provisions of this chapter requiring indorsement of warrants not paid for want of funds, and the payment thereof in the order of presentation and indorsement is a misdemeanor punishable by a fine not exceeding one hundred dollars. Sec. 1354. PENALTY FOR FALSE REPORTS.] Each school officer who wilfully signs or transmits a false report to the county superinten- dent or wilfully signs, issues or publishes a false statement of facts pur- porting or appearing to be based upon the books, accounts or records, or of the affairs, resources and credit of the district shall upon convic- 104 GENERAL SCHOOL LAWS tion be punished by a fine not exceeding fifty dollars or by imprisonment in the county jail not exceeding fifteen days. Sec. 1355. PENALTY FOR WILFUL DISTURBANCE OF SCHOOL.] Each person, whether pupil or not, who wilfully molests or disturbs a public school when in session or who wilfully interferes with or inter- rupts the order of management of a public school by act of violence, boisterous conduct or threatening language, so as to prevent the teacher or any pupil from performing his duty, or who shall in the presence of the school children upbraid, insult or threaten the teacher, shall upon conviction thereof be punished by a fine not exceeding twenty-five dol- lars or by imprisonment in the county jail for a period not exceeding ten days, or both. Sec. 1356. PROPOSALS FOR CONTRACTS.] No contract except for teachers' salary, professional services, janitors' wages, or school text books involving the expenditure of school funds or money appropriated for any purpose relating to the educational system of this state, or any. county, district or school corporation therein, when the amount exceeds one hundred dollars, shall be let until proposals are advertised for a period of ten days, and after such advertisement, only to the lowest responsible bidder. Any violations of this section shall be a mis- demeanor. Sec. 10189. UNLAWFUL PURCHASES BY SCHOOL DISTRICT OFFICERS.] Every person who, while an officer of any school district or corporation, or deputy or clerk of such officer, directly or indirectly, buys or traffics in or in anywise becomes -a party to the purchase of any school warrant, order or scrip, or any bill, account, claim or evidence of indebtedness against his school district or corporation, for any sum less than the full face value thereof, is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not less than fifty and not exceeding five hundred dollars. ARTICLE 15. GENERAL PROVISIONS APPLYING TO ALL SCHOOL DISTRICTS (a) Teacherages. The school board in any district where two or more schools have con- solidated, is hereby empowered to build and equip a dwelling for the use of teachers in such district, the same to be known as a teacherage, and provided, that when petitioned by a majority of the voters of the district asking for the erection of such teacherage, it shall be the duty of the school board to provide such teacherage without unnecessary de- lay. Chap. 215, p. 303, 1917. (b) Districts Liable for Tuition at Model School at State Institution. (Chap. 142, p. 181, 1915.) Sec. 1. That all students attending any model high, graded or elementary school which is operated, maintained or in any manner con- nected with the state university, any normal school, publicly maintained STATE OF NORTH DAKOTA 105 educational institution of higher learning in this statd in which model, high, graded or elementary school members of the faculty or student body of such university, normal school or institution of higher learning teach there shall be paid by the school district in which said pupils reside to said institution as tuition for such attendance as follows: Not less than two and one-half dollars per month of actual membership per pupil in such model high school and not less than two dollars per month of actual membership per pupil in any such graded, or elementary school, provided, however, that such tuition is payable at the close of each term or semester. STATE OF NORTH DAKOTA vs. VALLEY CITY SPECIAL SCHOOL DISTRICT, A PUBLIC CORPORATION. (1) Sec. 142 of the Session Laws of 1915 provides that all students attending any model high school, graded or elementary school, which is operated and maintained or in any manner connected with the State University, any Normal school, publicly maintained educational institu- tion of higher learning in which model high, graded or elementary school, members of the faculty or of student body of such university, normal school, or institution of higher learning, teach, there shall be paid by the school district in which said pupils reside to said institution as tuition for such attendance certain amounts named in the law: held that such law is not unconstitutional. (2) It is further held that the normal school is part of the free public school system of North Dakota and is defined as such in Sec. 148 of our constitution. . (3) Held that the complaint in the action stated a good cause of action and was not demurrable. (c) School Boards May Rent Halls For Public Purposes. (Chap. 165, p. 234, 1915.) Sec. 1. AUTHORITIES MAY PAY RENTAL OF HALL AND PRO- VIDE FUNDS THEREFOR BY TAXATION.] The city council, city commission, village trustees, or township supervisors, of any city, village or township, or the school board of any school district, are hereby author- ized and empowered to pay the rental of any hall or auditorium when the same shall be used for any public meetings or purpose, and no charge is made for admission thereto, and may annually provide by taxation a sum sufficient for defraying any such expense for rental as they may anticipate for the coming year, provided, however, that this act shall not apply to any city where there exists a public hall owned by a municipality, suitable for the purpose. Sec. 2. MAY PAY RENTAL OUT OF OTHER FUNDS UNTIL TAX IS AVAILABLE.] Until such funds so provided shall become available, it shall be lawful for the council or city commission of any city, the trustees of any village, thd supervisors of any township, or the school board of any school district, to pay out of funds on hand, not otherwise appropriated or required, such sums as they may deem a fair rental 106 GENERAL SCHOOL LAWS for any hall or auditorium when used for a public meeting as above pro- vided. ^ (d) Names of School Districts. (S. B. No. 97, 1919.) Sec. 1. The district school board of any school district in this state upon being petitioned so to do by- a majority of the school voters residing in the district shall submit to the qualified voters at the next school election any proposed change in the name of such school district. Upon ratification of the proposed change in the name of the school district by a majority of the ballots cast on the question such school district shall be named accordingly. It shall be the duty of the clerk of the school board of such school district to notify the county auditor, the county superintendent and the state superintendent of public instruction of any change in the name of his school district. Approved, February 28, 1917. Sec. 3217. DISTRICTS RENUMBERED AND RENAMED.] School districts and road districts within counties affected by this article shall be renumbered so as to make their numbers in each county run con- secutively, and the names of school townships may when necessary be changed. Sec. 3218. WHEN DISTRICTS LIABLE FOR BONDS.] When the boundaries of any school district or school township have been changed under the provisions of this article that portion of such school district or school township in which the school houses and other property remain shall be liable for the payment of the bonds, if any, issued by such school district or school township, and if such portion shall have been attached to another school district or school township the school district or school township to which such portion has been attached shall be liable for the payment of the bonds, if any, of the school district or school township to which such portion formerly belonged. Sec. 3219. VALIDITY OF BONDS.] The validity of bonds issued by school districts or school townships prior to the division of any county under this ai-ticle shall in nowise be affected by such division nor by the renumbering or renaming of the school district or school township that issued them. ARTICLE 16. NON-PARTISAN ELECTIONS Sec. 907. NO PARTY BALLOTS.] In all petitions and affidavits to be filed by or in behalf of any candidate for nomination at any primary election to the offices of state superintendent of public instruction and county superintendents of schools, no reference shall be made to any party ballot or to the party affiliation of such candidate. Sec. 908. SEPARATE BALLOTS FOR SCHOOL NOMINATIONS.] At all primary elections at which candidates for the offices herein referred to are to be nominated, there shall be separate ballots, which ballots shall be entitled, "Non-partisan school ballot," and the names of such candidates shall be placed thereon without party designation, and there shall be designated thereon the number of persons to be elected to STATE OF NORTH DAKOTA 107 each office. Except as herein provided, this ballot shall be prepared, printed, distributed, canvassed and returned in the manner now provided by law for primary election ballots, and shall be delivered to each elector by the proper election officers and, where there are three or more can- didates for the same office, the two candidates receiving the highest number of votes for such office shall be duly nominated thereto, and where there are only two candidates for the same office, both candidates shall be duly nominated thereto. Sec. 909. BALLOTS AT GENERAL ELECTION.] At the general election there shall be a separate ballot upon which shall be placed the names of all candidates who have been nominated as herein provided, which ballot shall be entitled "School Ballot," and the names of all such candidates shall be placed theron without party designation, and there shall be designated thereon the number of candidates for each office for whom each elector is entitled to vote. " Except as hereinafter provided, this ballot shall be prepared, printed, distributed, canvassed and returned in the manner now provided by law for general election ballots. This ballot shall be delivered to each elector, and the candidates for each office on such "Non-partisan school ballot" receiving the highest num- ber of votes shall be duly elected to such office. (e) Non-partisan Election Certain County and State Oflficers. (S. B. No. 73, 1919.) Sec. 1. NO PARTY PRIMARY PETITION.] In all petitions and af^ fidavits to be filed by or in behalf of candidates for nomination in the primary election to all elective county offices, the office of judge of the supreme and district courts, and the offices of State Superintendent of Public Instruction and County Superintendent of Schools, no reference shall be made to a party ballot, or to the party affiliations of such can- didates. Sec. 2. SEPARATE NON-PARTISAN PRIMARY BALLOTS.] At all primary elections there shall be separate ballots which ballots shall be entitled "Non-partisan Primary Ballot," and the names of all candidates for any of the said offices shall be placed thereon without party designa- tion and there shall be designated thereon the number of persons each elector is entitled to vote for on each office which shall be the number to be elected to such office at the next succeeding general election. Sec. 3. The names of aspirants for nomination to each office shall be arranged in separate groups in their order, leaving one or more blank lines or spaces below each group of names on which may be written or placed a name or a printed sticker to express the vote of the individual elector. Such ballot shall be delivered to each elector by the proper election officer and no declaration of the party affiliation or registration of such party affiliation shall be required. Sec. 4. PERSONS NOMINATED.] The candidate or candidates re- ceiving the highest number of votes to the extent of double the number of those to be elected to any office, provided there are that many or more candidates running, shall be duly nominated thereto. No partisan 108 GENERAL SCHOOL LAWS nominations shall be made for any of the aforementioned offices. Soc. 5. NON-PAKTISAN BALLOT AT GENERAL ELECTION.] At tho general election there shall likewise be a separate ballot upon which shall be placed tho names of all candidates who have been nominated as hereinbefore provided, which ballot shall be entitled "Non- partisan Ballot. " Such ballot shall otherwise be in the same form as iuM-eitibeforo spivilied for the Non-partisan Primary Ballot. This ballot shall be delivered to each elector. And the candidate, or candidates to the number to be elected for each office receiving the highest number of votes shall be duly elected to such office. Sec. C. PRESENT LAWS CONTROLLING.! Except as herein pro- vided such ballot shall be prepared, printed, distributed, canvassed and returned in the manner now provided for primary election and general election ballots respectively. Approved March 6, 1919. JOSEPH MILLER vs. A. V. SCHALLERN. STATUTE MANDATORY REQUIRING STAMPING OF BALLOTS.] Section 521 of the Revised Codes considered, and the following provision thereof held not to be directory merely, but mandatory, viz.: "In the canvass of the votes any ballot which is not indorsed as provided in this chapter by the official stamp and initials shall be void and shall not be counted." STATUTE NOT IN CONFLICT WITH CONSTITUTION.] Held, fur- ther, that said statutory provisions are valid enactments, and are not re- jnignatit to any provisions of the state constitution. ILLEGAL BALLOTS REJECTED.] Certain ballots, as stated in the opinion, were voted and deposited in the ballot box, without having in- dorsed or written thereon the initials of an inspector or judge of the election precinct in which said ballots were cast. Held, that said ballots were ille.c'al ballots, and that the board of canvassers could not lawfully canvass and count tho same. ERROR OF BOARD OF CANVASSORS.] Held, furUier, that the court below erred in its judgment sustaining the canvass of said votes which was made by the board of canvassers. The judgment is reversed, and tho contest dismissed. S N. D. S96. (Opinion filed May 23. 1S99.) ARTICLE tT. OA IH AND BOND OF OFFICERS CONNECTED WITH SCHOOLS Sec. lUU. OATH OF CIVIL OFFICERS.! Each civil oflicer in this state befoiv entering upon the duties of his office shall take and sub- scribe the oath pi*escvibed in section 211 of the constitution. Such oath shall be indorsed upon the back of or attached to his bond, in case of an ofticer rei\uired to give bond, or indorsed upon the back or attached to the commission, appointment or certiticate of election, in case of an officer not required to give bond. Sec. 198. WHAT OFFICERS TO FURNISH STATE BONDS.] Each STATE OF NORTH DAKOTA 109 county official * * * * every school district treasurer and every township treasurer hereafter elected or appointed to an office required to furnish a bond by law, shall be bonded in and with the state bonding department; ***=*= provided, * * * * j^ shall be optional with any township or school district treasurer to be bonded in and with the state bonding department. The premiums for such bonds shall be paid out of the county, city, town, school district or township treasury, as the case may be, by the proper authorities. Sec. 660. CERTAIN OFFICERS TO GIVE BONDS.] Each civil of- ficer elected by the people or appointed by the governor or by any other authority provided by law, except the governor and the officers and mem- bers of the legislative asesmbly, judges of the supreme and district courts, county commissioners, court stenographers, the mayor and alder- man in cities, the president and trustees in villages, but including town- ship treasurers, clerks, justices of the peace and constable, shall, before entering on his duties, gives a bond conditioned for the faithful and im- partial discharge of the duties of his office (naming it fully), and render a true account of all moneys and property of every kind that shall come into his hands as such officer and pay over and deliver the same ac- cording to law. Sec. 663. AMOUNTS OF BONDS OF VARIOUS OFFICERS.] The bond of each state officer required to give a bond, the amount of which is not otherwise provided by law, shall be in the penal sum of five thou- sand dollars; * * * of the county superintendent of scohols * * * in the sum of five hundred dollars. ***** Sec. 669. Whenever any county, township, city, village or school dis- trict officer, hereafter elected, shall be required by law to give or furnish a bond for the faithful performance of his duties, such bond may be executed by some responsible persons acting as sureties, surety com- panies, fidelity insurance or bonding company, authorized and qualified to do business within the state of North Dakota, and approved by the Board of Commissioners, trustees, supervisors, council or directors charged with the approval of the same; the premium for such bond shall be audited by such board and paid out of the general fund of the county, township, city or school district, as the case may be, for whose benefit the same is given. This section shall not affect provision of Section 664 relating to county treasurers, nor the furnishing of a personal bond by any officer as may be provided for by any existing law; provided, how- ever, that in case Chapter 62 of the Session Laws of North Dakota for the year 1915 shall become effective the provisions of this Act shall not be construed to conflict with the provisions thereof or as repealing said Chapter 62 of the Session Laws of 1915. STATE EX REL. HENRY J. LINDE, ATTORNEY GENERAL, V. W. C. TAYLOR. 5. STATE BONDING FUND— OFFICIAL BONDS— FOR COUNTY —CITY— PUBLIC OFFICIALS— JUDICIAL POWERS— STATE EX- 110 GENERAL SCHOOL LAWS AMINER— COMMISSIONER OP INSURANCE.] Chapter 62 of the^ Laws of 1915, establishing a state bonding fund for the purpose of furnishing official bonds for county, city, village, school district, aild township officers is not unconstitutional, as conferring judicial powers on the state examiner and commissioner of insurance. 33 N. D. 76. (Opinion filed February 5, 1916.) Sec. 9830. OFFICER REFUSING TO PERFORM DUTY.] Every register of deeds, judge of the county court, state's attorney, county com- missioner, sheriff, coroner or county superintendent of common schools, who wilfully fails or refuses to perform the duties of his office accord- ing to law, is guilty of a misdemeanor. * * * * Sec. 9835. PROVISIONS OF SECTION 9830 EXTENDED TO OTHER OFFICERS.] The provisions of section 9830 shall also apply to county treasurers, justices of the peace and all other county and precinct of- ficers. * * * Sec. 9836. REFUSAL OF STATE OFFICERS TO PERFORM DUTY.] Every state auditor, state treasurer, superintendent of public instruction for this state or any other state officer who willfully neglects or refuses to perform the duties of his office, as prescribed by law, is guilty of a misdemeanor. ARTICLE 18. VACANCIES Sec. 1322. VACANCY IN OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION FILLED BY APPOINTMENT.] Should a vacancy occur in the office of the superintendent of public instruction, the governor shall have power and it shall be his duty to fill such vacancy by appointment, which appointment shall be valid until the next general election and until his successor is elected and qualified. Sec. 1323. VACANCY IN OFFICE OF COUNTY SUPERINTEN- DENT.] Should a vacancy occur in the office of county superintendent of schools, the board of county commissioners of such county shall have power and it shall be their duty to fill such vacancy by appointment, as provided by law, which appointment shall be valid until the next general election. The county auditor shall immediately notify the superintendent of public instruction of such appointment. Sec. 1324. VACANCY IN OFFICE OF DIRECTOR OR TREASURER. HOW FILLED.] When any vacancy occurs in the office of director or treasurer "of a school district by death, resignation, removal from the district, or otherwise, the fact of such vacancy shall be immediately certified to the county superintendent by the clerk of the district, and such superintendent shall immediately appoint in writing some com- petent person who shall qualify and serve until the next annual school election. The county superintendent shall at the same time notify the clerk of the school district and the county auditor of every such appoint- ment. Sec. 1325. VACANCY IN OFFICE OF CLERK, HOW FILLED.] STATE OF NORTH DAKOTA 111 Should the office of clerk of a school district become vacant, the school board shall immediately fill such vacancy by appointment and the presi- dent of the board shall immediately notify the county superintendent and the county auditor of such appointment. Sec. 1326. OFFICE, V/HEN DEEMED VACANT.] An office of a school district shall become vacant by resignation of the incumbent there- of, but such resignation shall not take effect until a successor has quali- fied according to law. Any office of a school district shall be deemed vacant if the person duly elected thereto shall neglect or refuse for the period of two weeks after the beginning of the term for which he was elected, to accept and qualify for such office and serve therein. Any school officer may be removed from office by a court of competent juris- diction as provided by law. Sec. 696. VACANCIES. HOW FILLED.] All vacancies, except in the office of a member of the legislative assembly, shall be filled by ap- pointment as follows: 1. In the office of states attorney in which a vacancy has occured by reason of removal under section 685 of the Compiled Laws of North Dakota for the year 1913, by the board of county commissioners by and with the advice and consent of the governor. 2. In county and precinct offices by the board of county commis- sioners, except vacancies in such board. 8. In offices of civil townships, by the justices of the peace of such township, together with the board of supervisors or a majority of them, and if a vacancy occurs from any cause in the board of supervisors, the remaining member of the board shall fill such vacancy. 4. In state and district offices by the Governor. Chap. 249, 1917. 112 GENERAL SCHOOL LAWS Division 2. — A System of PuMie liistrudion. CHAPTER 5.— ELEMENTARY EDUCATION CONSTITUTION Sec. 147. A hijvh dojrroo of intoUiivoT\oo, patriotism, inteprrity i morality on tho part of every voter in a j>overnment by the people being necessary in onUM- to insure the eontinuanee of that i:rovernment and the prospeiity and happiness of the people, the U\Is. (S. B. No. 103, p. 183, 1919) Sec. 1. APPROPRIATION.] There is hereby appropriated out of any moneys in the state treasurj' not otherwise appropriated the sum of $7,000.00 or so much thereof as may be necessary, for the maintenance of evening public schools under the provisions of Chapter 209 of the Session Laws of North Dakota for the year 1917 for the biennial period from June 30th to July 1st, 1921. STATE OF NORTH DAKOTA 131 CHAPTER 7.— VOCATIONAL EDUCATION ARTICLE 27.— AGRICULTURAL COLLEGE Sec. 1604. LOCATION OF.] The agricultural college shall continue as now established and located at Fargo in the county of Cass. Note: Sections 1605, 1606, 1607, 1608 relate to the Board of Trustees now superseded by the Board of Regents who have given way to the Board of Administration. Sec. 1609. DUTIES OF BOARD.] Such board shall direct the dis- position of all moneys appropriated by the legislative assembly or by the congress of the United States, or that may be derived from the sale of lands donated by congress to the state for such college, or that may be donated to or come from any source to the state for said college, or experiment station for North Dakota, subject to all restrictions im- posed upon such funds either by the constitution or laws of the state or by the terms of such grants from congress, and shall have supervision and charge of the construction of all buildings authorized by law for such college and station. The board shall have power to employ a president and necessary teachers, instructors and assistants to conduct sugh school and carry on the experiment station connected therewith and to appoint one of its members superintendent of construction of all buildings, who shall receive three dollars per day for each day actually and necessarily engaged in the discharge of his duties, not to exceed fifty days in any one year, which sum shall be paid out of the state treasury upon the vouchers of said board. Sec 1610. COURSE OF INSTRUCTION.] The object of such college shall be to afford practical instruction in agricultural and the natural sciences connected therewith, and in the sciences which bear directly upon all industrial arts and pursuits. The course of instruction shall embrace the English language and literature, mathematics, military tac- tics, civil engineering, agricultural chemistry, animal and vegetable anat- omy, and physiology, the veterinary art, entomology, geology and such other natural sciences as may be prescribed, political, rural and house- hold economy, horticulture, moral philosophy, history, bookkeeping and especially the application of science and the mechanic arts to practical agriculture. A full course of study in the institution shall embrace not less than four years, and the college year shall consist of not less than nine calendar months, which may be divided into terms by the board of trustees as in its judgment will best secure the objects for which the college was founded. 132 GENERAL SCHOOL LAWS Sec. 1611. BOARD OP TRUSTEES TO FIX SALARIES.] The board of trustees shall fix the salaries of the president, teachers, instructors and other employes and prescribe their respective duties. The board shall also fix the rate of wages to be allowed the students for labor on the farm and experiment station or in the shops or kitchen of the college. The board may remove the president or subordinate officers and supply all vacancies. Sec. 1612. FACULTY TO ADOPT RULES AND REGULATIONS.] The faculty shall consist of the president, teachers and instructors and shall pass all needful rules and regulations for the government and discipline of the college, regulating the routine of labor, study, meals and the duties and exercises, and all such rules and regulations as are necessary for the preservation of m.orals, decorum and health. Sec. 1613. DUTIES OF PRESIDENT.] The president shall be the chief executive officer of the college and it shall be his duty to see that all rules and regulations are executed, and the subordinate officers and employes not members of the faculty shall be under his direction and supervision. Sec. 1614. FACULTY TO MAKE ANNUAL REPORT TO BOARD.] The faculty shall make an annual report to the board of trustees on or before the first Monday in November of each year, showing the condition of the school, experiment station and farm and the results of farm experi- ments and containing such recommendations as the welfare of the insti- tution demands. Sec. 1615. ANNUAL REPORT TO GOVERNOR.] The board of trustees shall on or before the fifteenth day of November in each year make a report to the governor setting forth in detail the operations of the experiment station, including a statement of the receipts and expendi- tures, a copy of which report shall be sent by the governor to the com- missioner of agriculture and to the secretary of the treasury of the United States, and the board shall also make report to the governor on or before the fifteenth day of November next preceding each biennial session of the legislative assembly, containing a financial statement showing the condition of all funds appropriated for the use of such college and experiment station, also the moneys expended and the pur- poses for which the same were expended in detail, also the condition of the institution and the results of the experiments carried on there. Sec. 1616. DEGREES MAY BE CONFERRED.] The board and the faculty shall have power to confer degrees upon all persons who shall have completed the course of study prescribed by them, and who shall have passed a satisfactory examination in the branches contained in such course and who possess a good moral character. Sec. 1617. ACCEPTANCE OF LAND GRANT.] The grants of land accruing to this state by virtue of an act of congress donating public lands for the use and support of agricultural colleges approved February 22, 1889, is hereby accepted with all the conditions and provisions in said act contained, and said lands are hereby set apart for the use and support of the colleges herein provided for. STATE OF NORTH DAKOTA 133 Sec. 1618. BOND OF TREASURER.] The treasurer of such college shall give a bond in the sum of fifty thousand dollars with at least four sureties to be approved by the board of trustees of such college, con- ditioned for the faithful accounting of all moneys received by him as such treasurer. ARTICLE 28.— PUBLIC HEALTH LABORATORY Sec. 1650. LABORATORY ESTABLISHED.] There is hereby estab- lished a public health laboratory. Such laboratory shall be established at the state university and school of mines. It shall be under the control and regulation of the trustees of the university and the professor of bacteriology and pathology at the state university shall be the director of said laboratory. Sec. 1651. DIRECTOR MAKES EXAMINATIONS.] It shall be the duty of the director of said laboratory to make bacteriological exami- nations of bodily secretions and excretions, waters and foods, and make preparations and examinations of pathological tissues submitted by the state superintendent of public health, or by any county (superintendent) of public health, or by any regularly licensed physician of North Dakota. These analyses and preparations shall be made and the results furnished as expeditiously and promptly as the nature of the work and the equip- ment of the laboratory permits. Sec. 1652. STATISTICS COLLECTED.] The board of trustees shall cause to be collected and tabulated such sanitary statistics, and shall cause to be ascertained by research work such methods as will lead to the improvement of the sanitation of the various parts of the state. Sec. 1653. SPECIMENS PRESERVED.] It shall be the duty of the said board to cause proper specimens of bacteriological and pathologi- cal material discovered or examined in the work of said laboratory to be skillfully prepared, secured, labeled and preserved for public inspec- tion free of cost in the university of North Dakota in rooms convenient of access and properly furnished and in charge of a proper scientific curator. Sec. 1654. DIRECTOR ISSUES BULLETINS.] The director of said laboratory shall cause to be issued from time to time, bulletins and reports setting forth the results of the sanitary and pathological work done in such laboratory. The substance of these bulletins and reports, embodying all useful and important information resulting from the work carried on in such laboratory each year, shall be incorporated in an annual report to the governor, who shall lay the same before the legis- lative assembly. Sec. 1655. WHO DIRECTOR.] The professor of bacteriology and pathology in the medical college of the state university shall be the director of the public health laboratory and shall be the ex-officio the state bacteriologist. Sec. 1656. APPROPRIATION.] For the purpose of meeting the nec- essary expenses in the conduct of the public health laboratory in the 134 GENERAL SCHOOL LAWS medical department of the state university and school of mines at Grand Forks, and of its branches now established at Bismarck and at Minot, there is hereby annually, and commencing January first, 1911, appro- priated out of the state treasury from any moneys not otherwise appro- priated, the sum of ten thousand dollars, or so much thereof as may be necessary, subject to the control and regulations of the board of trustees of the state university and school of mines. Sec. 1657. INSTITUTE ESTABLISHED.] There is hereby established a serum institute. Said institute shall be established at the state agri- cultural college and experiment station and shall be under the control and regulation of the trustees of the state agricultural college and experiment station and the professor of veterinary science of the agri- cultural college shall be the director of the said serum institute. Sec. 1658. DUTY OF DIRECTOR.] It shall be the duty of the director of said institute to manufacture or cause to be manufactured vaccines, sera and other agents for the prevention, eradication, cure and control of tuberculosis, glanders, hog-cholera, black-leg and other infectious or contagious diseases. ***** Sec. 1659. SERUM TO BE DISTRIBUTED.] It shall be furthermore the duty of the director of said institute to distribute or cause to be distributed to citizens, residents of the state of North Dakota, free of charge, said vaccines, sera and other agents upon application, showing evidence that the issue of said vaccines, sera and other agents is war-, ranted for existing conditions, and upon such conditions as may be prescribed by the live stock sanitary board. Sec. 1660. SERUM MUST NOT BE SOLD.] It shall be unlawful for any one receiving said vaccines, sera and other agents issued by the state serum institute, to sell or offer for sale said vaccines, sera and other agents and a failure to observe these provisions shall be deemed a misdemeanor and on conviction shall be punished by a fine of not less than twenty-five dollars and not exceeding one hundred dollars. Sec. 1661. APPROPRIATION.] There is hereby appropriated out of any money in the state treasury, not otherwise appropriated, the sum of three thousand dollars per annum to be paid quarterly to the treas- urer of the state agricultural college and experiment station, on the first days of April, July, October and January of each year, upon the order of the state auditor, who is hereby directed to draw his order for the same for the use of the serum institute as herein provided for the purpose of paying the expenses incurred by said serum institute, subject to the control and regulation of the board of trustees of the state agricultural college. ARTICLE 29.— AGRICULTURAL AND GEOLOGICAL SURVEY Sec. 1162. AGRICULTURAL COLLEGE BOARD CO-OPERATE.] The board of trustees of the agricultural college of the state of North Dakota is hereby authorized to co-operate with the directors of the United States federal surveys and to accept the co-operation of the United STATE OF NORTH DAKOTA 135 States with this state in executing a topographic, economic and agri- cultural survey and map of North Dakota, which is hereby authorized to be made; and the said board of trustees shall have the power to arrange with said directors, or other authorized representatives of the United States government surveys, concerning the details of said work, the methods of its execution, and the order in part of time in which these surveys and maps of the different parts of the state shall be completed; provided, that the said directors of the United States gov- ernment survey, thus co-operating with the state of North Dakota, shall agree to expend on the part of the United States upon said work a sum equal to that appropriated by the state of North Dakota for that purpose. Sec. 1663. MAPS UNIFORM WITH U. S. MAPS.] In arranging the details heretofore referred to, it is expected that the topographic maps resulting from this survey shall be similar in design to the Fargo and Casselton sheets already made by the United States geological survey; that they shall show the location of all roads, railroads, streams, lakes and rivers, and shall contain certain lines showing the elevation and depression for every twenty feet of vertical interval of the surface of the county; and that the resulting maps shall recognize the co-operation of the state of North Dakota. Sec. 1664. MAKE AN ECONOMIC SURVEY.] Following the comple- tion of the topographic maps, or as rapidly as deemed expedient, an economic survey shall be made, including a complete account of all economic resources of agricultural importance, including the character and value of soil for agricultural purposes, the nature and extent of water supplies, both surface and artesian, together with the analysis of soils, waters, etc., including also the collecting and tabulating of meteorological data necessary in explaining climatic variations, and such other investigations as naturally belong to an economic survey. Sec. 1665. STATE DIRECTOR TO COLLECT SAMPLES.] It shall be the duty of the state director of this survey to collect or cause to be collected, samples of rocks, soils, coals, clays, minerals, fossils, plants, woods, skins and skeletons of native animals, and such other products of economic or scientific interest discovered during this survey, which properly secured and labeled, shall be placed on exhibition in the museum of the North Dakota agricultural college. Sec. 1666. ARRANGE TO PUBLISH MAPS.] The state director of this survey shall arrange with the directors of the government surveys for the publications of economic maps resulting from this survey, which shall be similar in design to, and uniform with the publication now made by these surveys accompanied by (a) the written description of the formations and economic resources, which shall constitute a report, embodying and setting forth all useful information developed during these investigations. Sec. 1667. PUBLISH REPORTS.] There shall be published from time to time, as bulletins of the North Dakota experiment station, prelimi- nary reports of this survey, as the work progresses, showing the results 136 GENERAL SCHOOL LAWS of the survey and investigations conducted, together with preliminary maps showing the areas covered and these preliminary reports shall be sent gratis to all citizens of North Dakota making application. Sec. 166S. MAKE BIENNIAL REPORT TO GOVERNOR.] It shall be the duty of the said board of trustees, through the state director of this survey, to make on or before the second Tuesday of December of each year, immediately preceding the regular sessions of the legislative as- sembly of North Dakota, a biennial report to the governor, showing the progress of the survey, accompanied by copies of the maps com- pleted, and results accomplished, together with a report of all moneys received and expended; and the governor shall lay this report before the legislative assembly. Sec. 1669. STATE DIRECTOR.] The professor of geology of the North Dakota agricultural college shall act, under the direction of the board of trustees of said institution, as state director of this survey. Sec. 1670. APPROPRIATION.] There is hereby appropriated out of the money of the state treasury, not otherwise appropriated, the sum of five hundred dollars ($500) annually, which shall be paid by the state treasurer upon a draft from the secretary of the board of trustees, having in control this survey. Sec. 1671. NAME.] This survey shall be known as the Agricultural College survey of North Dakota. Sec. 1672. NOT CONFLICTING.] This act is not to be construed as conflicting in any manner with or repealing the geological survey of North Dakota already established at the state university. Sec. 1673.' BELONG TO THE STATE.] Any lands belonging to the state, or lands known as school lands and public institution lands, in which is discovered any valuable deposit of coal or minerals of any kind, clay, gravel or stone shall be and remain the property of the state until provision for the sale or leasing thereof is especially provided by law. ARTICLE 30.— EXTENSION AND DEMONSTRATION Sec. 1. APPROPRIATIONS.] There is hereby appropriated out of any funds in the treasury of the state of North Dakota, not otherwise appropriated the sum of $40,450.00, of which sum $17,627.00 shall be available in the year 1917, and $22,823.00 shall be available in the year 1918, being an amount equal in each of the years 1917 and 1918 of the appropriation made by the Federal Government under the Smith-Lever act of the State of North Dakota, to be used by the Department of Agricultural Extension of the North Dakota Agricultural College in pro- viding for, and conducting co-operative extension work with the United States Department of Agriculture; the establishment of and carrying on of agricultural demonstrations on the farm and in the home; the promotion of the agricultural work and contests among boys and girls; such other agricultural extension work as may be required, and the publishing of bulletins and circulars containing information for the farm and home. Chap. 4, p. 7, 1917. STATE OF NORTH DAKOTA 137 ARTICLE 31.— LIST OF PUBLICATIONS Sec. 1. AGRICULTURAL COLLEGE TO FURNISH LIST OF PUBLI- CATIONS TO COUNTY AUDITOR.] The Agricultural College shall fur- nish each County Auditor in this State, on or before the 15th day of May each year, a list containing titles of every publication published by it for free distribution and shall specify in such list the name and address of the department from which each publication may be obtained upon application. Sec. 2. DUTIES OF COUNTY AUDITORS.] It shall be the duty of each County Auditor in this state to have a list published in the official paper or papers of the county, for one issue, during the first week in June of each year. Chap. 3, p. 4, 1915. ARTICLE 32.— THE EXPERIMENT STATION Sec. 1619. EXPERIMENT STATION.] The agricultural experiment station heretofore established in connection with the agricultural college is continued and the same shall be under the direction of the board of trustees of such college, for the purpose of conducting experiments in agriculture according to the provisions of section 1 of the act of congress approved March second, 1887, entitled "An act to establish agricultural experiment stations in connection with the colleges estab- lished in- the several states under the provisions of an act approved July second, 1862, and of the acts supplementary thereto." Note: Sections 1620 to 1649 contain the legislation governing the experi- mental stations but as the subject matter is concerned with agriculture rather than education, those interested are referred to the sections named above as they appear in the Compiled laws. Agricultural experiment sub-stations, of which there are six in addi- tion to the main station at Fargo, are governed by the following sections: Sections 1627, 28. THE DICKINSON SUB-STATION. Sections 1639, 40. THE HARVEY SUB-STATION. Sections 1643, 44. THE HETTINGER SUB-STATION. Sections 1633, 34, 1634 (a), 35, 36, 37. THE LANGDON SUB-STATION. Sections 1641, 42. THE MANDAN SUB-STATION. Sections 1629, 30, 31, 32. THE WILLISTON SUB-STATION. (The North Dakota Government Agricultural Experiment Station in addition to its educational function performs many services for the State of a police nature. The experiment station is empowered: Sec. 2948 to make analysis of drugs and medicines. Sec. 2949 to transmit facts to the attorney general and state's attorney. Sec. 2883 to inspect and analyze foods and beverages. Sec. 1625 to make tests of cereals. Sec. 2918, 2919 and 2920 to enforce feeding stuffs laws. Sections 2904 to and including 2910 to inspect, analyze and test seeds. Moreover the director of the station is assigned a number of police duties: GENERAL SCHOOL LAWS Sec. 1877 director of State Farmers Institutes. Sec. 2834 to act as inspector of nurseries. Sec. 2925 to assist in the enforcement of the paint law. Sec. 2935 to enforce Paris green law. Sec. 2929 to enforce formaldehyde law. Sec. 2970 to enforce sanitation of food producing establishments. Sec. 2897 to enforce fertilizer laws.) ARTICLE 33.— COUNTY AGRICULTURAL AND TRAINING SCHOOLS Sec. 1455. GENERAL OR SPECIAL ELECTION TO ESTABLISH SCHOOL. APPROPRIATION BY COUNTY COMMISSIONERS.] Whenever in the opinion of the citizens of any county in the state, it shall be deemed wise to establish a county school for the purpose of giving instruction in agricultural, domestic economy, manual training and for training of teachers for the rural schools and a petition containing the names of not less than three hundred freeholders is filed with the board of county commissioners, praying for the establishment of such a school such board of county commissioners shall at its next regular meeting consider such petition and in case such board of county com- missioners decide in favor of establishing such school, such board of county commissioners shall submit the question of establishing and maintaining such school to the electors of such county either at the next general election or they may order a special election for the pur- pose of determining whether such county shall establish such school. Such special election shall be held in the manner and upon the notice prescribed by law for other elections; but the published and posted notices of such election shall state its object and the amount of money to be appropriated for the establishing of such school. If the majority of all the votes cast at such general or special election upon the ques- tion of establishing such school are in favor of establishing such school, the board of county commissioners of such county is hereby authorized to appropriate money for the organization, equipment and maintenance of same and to levy and spread on the tax roll a sufficient sum to carry into effect the provisions of this act; but such sum shall not be less than ten thousand dollars, nor more than twenty thousand dollars, and not exceeding such sum as may be recommended by the board of trustees of the county agricultural and training school created by this act, which sum together with any gift or donation offered by any city or village desiring the location of such school shall be sufficient to purchase a building already constructed or to purchase material or labor to erect a new main building and such outbuildings as may be necessary; said sum may be all levied in one year, or the board of trustees of the county agricultural and training school created by this act may issue and sell certificates of indebtedness in an amount not to exceed said sum plus any additional amount required to pay the interest that may accrue on such certificates, which interest shall not exceed six per cent per annum and shall be paid annually. Such certificates shall be paid in five equal yearly payments and in case such certificates are issued and sold, it STATE OF NORTH DAKOTA lo9 shall be the duty of the county board to levy and spread upon the tax roll a sufficient sum to pay the same as they become due together with accrued interest. Sec. 1456. JOINT MAINTENANCE BY COUNTY AND STATE.] After the establishment of such a school, the maintenance thereof shall be borne jointly by such county and the state, as hereinbefore provided. The Board of County Commissioners are hereby empowered and directed, annually, to levy and spread on the tax roll a sum sufficient to pay the county's share of the cost of maintenance; provided that not to exceed one-half of the yearly cost of maintenance shall be paid by the state, but the state's share of such maintenance shall not exceed the sum of Five Thousand ($5,000) Dollars in any one year; it being the intent of this act that a sum at least equal to the state's share shall be levied and paid by the county, but this is not to prevent the county from levying a greater sum for maintenance,, if deemed necessary; provided that the Board of County Commissioners may from time to time levy and spread upon the tax roll such additional sums of money for the erection and construction of additional buildings and improvements, or for the purchase of equipment, but levies for improvement or equipment shall not exceed the sum of five thousand dollars in any one year, without first having been submitted to a vote of the electors of such county as provided in Section 1455. Chap. 207, p. 293, 1917. Sec. 1457. TREASURER OP BOARD. FUNDS. HOW PAID OUT.] The county treasurer shall be and shall act as the treasurer of the board of trustees and all funds levied and collected for the purpose of estab- lishing and maintaining such a school shall be placed in his hands, the same as all other funds and shall be paid out, on the order of the presi- dent of the board of trustees and countersigned by its secretary. Sec. 1458. BOARD OF TRUSTEES.] There is hereby created for any county desiring to establish such a school a board consisting of five members to be known as "The Board of Trustees" of the county agri- cultural and training school, of which the county superintendent of schools shall be a member and of which he shall in all cases act as secretary; the other four shall be appointed by the board of county commissioners, two of whom shall serve for the balance of the school year ending June thirtieth, following their appointment and two shall serve until the end of the second school year or until their successors are appointed and have qualified. TERMS. After the organization of such board of trustees the terms of appointment of the members of such board shall be for a term of two years, the terms of two members expiring at the end of each school year, but no member of the board of county commissioners shall be eligible to appointment on the board of trustees during his term of office as a member of the board of county commissioners. Vacancies occurring in the board of trustees, excepting in the case of the county superin- tendent, shall also be filled by appointment by the board of county commissioners within sixty days after they occur. Sec. 1459. OATH AND BOND OF MEMBERS. ORGANIZATION OF 140 GENERAL SCHOOL LAWS BOARD. COMPENSATION. TAX.] Each person appointed a member of the board of trustees shall within ten days after notice of such ap- pointment, take an oath to discharge his duties faithfully, which oath together with a bond, in the sum of two thousand dollars, shall be filed in the office of the county auditor. ORGANIZATION. Within fifteen days after their appointment the members shall meet and organize by electing, one of their number presi- dent. COMPENSATION. The members shall receive no compensation except their actual expenses while going to and from and while attending the meetings of the board of trustees and in the necessary discharge of their official duties in establishing, equipping and maintaining the school. TAX FOR SUPPORT. After having determined the amount of money required to establish, equip and maintain the school for one year, the secretary shall make a report of the estimated amount required, to the county auditor, in sufficient time to spread on the tax roll, but any such amount shall be subject to the approval of the board of county commissioners. Should the board of county commissioners deem it ad- visable to sell certificates of indebtedness in lieu of making a tax levy, it shall be done as required by Section 1455 of this act. Sec. 1460. STATE AGRICULTURAL AND TRAINING SCHOOL BOARD. HOW CREATED.] There is hereby created a state agricultural and training school board which shall consist of the president of the state agricultural college, the state superintendent of public instruction and three practical farmers who shall be appointed by the governor of this state, one of whom shall serve until the end of the first school year, one of whom shall serve until the end of the second school year, and one of whom shall serve until the end of the third school year after the organization of this board; it being the intent of this act after the organization of this board, that the term of each appointed member of this board shall be for three years and no two of whose term shall expire in the same year. The president of the agricultural college shall be president of this board and the superintendent of public instruction shall be its secretary. This board shall meet at such time and place as its president may direct and shall prescribe the course of study to be pursued in the county agricultural and training schools, which shall include, first, instruction in the elements of agriculture in- cluding the study of soil, horticulture and plant life, animal life on the farm, a system of farm accounts, and manual training and domestic economy; second, instructions in the common branches and such other branches as are necessary for the training of teachers in the rural schools, in methods of school management and provisions for observa- tion and practice in the art of teaching. POWERS AND DUTIES. The state board of agricultural and train- ing schools shall determine the qualifications to be required of the principal and other teachers in said school, and the president and secre- tary of the said state board shall each have a vote in the election of, and fixing the salaries of the principals of said schools. The other STATE OF NORTH DAKOTA 141 teachers shall be elected by the board of trustees of each school estab- lished under this act. It is provided that the course of study in the department of agriculture shall be so framed as to correlate with the courses of study in the state agricultural college so that students from the county schools shall be admitted without examination to the next higher class in the state agricultural college next following that which they have completed in the county school. The superintendent of public instruction and the president of the agricultural college shall visit and inspect each of said schools at least once each year, and make a report to the governor, relating to property management, instruction and effi- ciency of these schools, and make such recommendations as in their judgment will further the efficiency and usefulness of any or all of such schools. Sec. 1461. SITE FOR SCHOOL,. After the board of county commis- sioners have decided to establish a school it may receive offers of loca- tion, as well as money from each village or city desiring to have a school located within or near its boundaries; such offers and location shall be examined and considered by the board of county commissioners after which the board of county commissioners shall accept in the name of the county such site and money or other valuable property in aid of establishing a school as in their judgment may seem best, receiving to all lands bought or donated for a school site, a deed in the name of the county. BOARD TO BUILD. The board of trustees shall thereafter proceed to build such school as soon as all other requirements prescribed by the act therefore necessary have been complied with. Sec. 1462. SCHOOL FREE TO WHOM.] Any school organized under the provisions of this act shall be free to residents of the county con- tributing to its support, but whenever students desire admission to the school in sufficient numbers to warrant the organization of special classes for their instruction, such classes shall be organized and continue for such time as the trustees may direct. BOARD TO MAKE RULES. The board of trustees shall make rules prescribing the conditions under which students may enter who are not residents of such county. Sec. 1463. WHEN SCHOOL DEEMED TO BE ESTABLISHED.] When a county has determined as herein provided to establish, equip and main- tain a county agricultural and training school, the trustees shall through the secretary and president make application to the superintendent of public instruction for the establishment of such a school. The applica- tion shall be accompanied by a certified statement^ from the chairnian of the board of county commissioners, and the county auditor, that the necessary tax levy will be made for the establishment and maintenance of such school. Such application shall be referred to the state board of agricultural and training schools, who shall determine as to its acceptance or rejection. If the application from any county for the establishment of such school is granted by them, and when subsequently 142 GENERAL SCHOOL LAWS all the provisions of this act are complied with by the county board and board of trustees, the county agricultural and training school shall be considered as established in and for such county, and shall upon its compliance with the other provisions of this act receive aid from the state as provided herein. Sec. 1464. PROCEDURE TO OBTAIN STATE AID.] On the first day of July in each year the secretary of each county agricultural and training school board of each county maintaining a school on the ap- proved list shall report to the state superintendent, setting forth the facts relating to the cost of maintaining the school, the character of the work done, the number and names of teachers employed and such other matters as may be required by the state board of agricultural and training schools. Upon the receipt of such report, if it shall appear that the school has been maintained in a satisfactory manner for a period of not less than nine months during the year closing on the thirtieth day of the preceding June, the superintendent of public instruc- tion, as secretary of such board shall make a certificate to that effect and file it with the state auditor. Upon receiving such certificate the state auditor shall draw his warrant payable to the treasurer of the county maintaining such school a sum equal to one-half (%) the amount actually expended for maintaining such school during the year; pro- vided, that the total amount as apportioned shall not exceed three thousand dollars in any one year. Sec. 1465. TRAINING SCHOOL CERTIFICATES AFTER COMPLE- TION OF COURSE.] Any person, who shall complete in a satisfactory manner the course of study prescribed for any county agricultural and training school and who shall be of good moral character shall receive a certificate signed by the principal of the school and by the members of the county training school board. Such certificate shall certify that the person named therein has satisfactorily completed the course of study prescribed for the county school and is of good moral character; it shall also contain a list of the standings secured by the person on the completion of such studies pursued in the school. Such certificates shall have the force and effect of a second-grade certificate issued by the county superintendent of 'the county in which the school is located, for a term of two years from the date of its issue; provided, that in case the holder thereof has never taught or cannot furnish satisfactory evidence of having successfully taught for at least one school year in the public schools of this state, said certificate shall be of full force and effect for one year only from its date of issue. When satisfactory evidence of successful teaching for at least one year upon said training school certificate shall be furnished to the county superintendent, said superintendent shall remove the limitation, whereupon the training school certificate shall have the full force and effect of a teacher's certificate of the second grade for two additional years. Any school superintendent or officer authorized to grant certificates to teachers in North Dakota is hereby authorized in his discretion to accept standings STATE OF NORTH DAKOTA 113 obtained by the completion of studies in any county and agricultural training school in lieu of actual examination by said superintendent or examiner at any time within three years from the date of the certifi- cate of completion of the course by the person desiring to have such standings accepted. This provision shall apply to certificates of second grade. Sec. 1466. ESTABLISHMENT OF SCHOOLS FOR TWO OR MORE ADJOINING COUNTIES.] The county boards of two or more adjoining counties may unite in establishing and maintaining agricultural and training school for teachers for the purpose and on the general plan as provided for in Section 145-5 of this act, and may appropriate money for its maintenance, and whenever two or more counties unite in estab- lishing such school the county superintendent of the county in v/hich the school house is situated shall be ex-officio secretary of the board, and the board of trustees shall consist of two members appointed from each of the counties so uniting in establishing and maintaining such school and no member of any board of county commissioners shall be eligible. Sec. 1467. TAX FOR MAINTENANCE OF SUCH JOINT SCHOOLS.] Whenever two or more counties unite in maintaining and establishing such school the board of trustees provided for in such cases shall de- termine the amount of money necessary for the maintenance and equip- ment of the school for the next succeeding year and annually thereafter. They shall apportion the amount to be raised by taxation among the counties in proportion to the assessed valuation of the real and personal property in each county as fixed by the state board of equalization and shall report to the county auditor of each county on or before the first Monday of May in each year, the amount of apportionment so fixed, and such apportioned amount shall be levied by the board of county commissioners of each county for the ensuing year for the support of such schools. Sec. 1468. COUNTY TREASURER EX-OFFICIO TREASURER.] The county treasurer of the county in which the school is located shall be ex-officio treasurer of the agricultural and training school board, and all moneys appropriated and expended under the provisions of this act shall be expended by the board of said county training school and shall be paid by the said county treasurer on orders drawn by the secretary and countersigned by the president. Sec. 1469. FUND CREATED.] For the purpose of providing funds for the payment of such claims ?.s the state hereby obligates itself to do and the warrants thereon drawn, there is hereby created a fund to be known as the state agricultural and training school fund. "Sec. 1470. SPECIAL TAX FUND.] It shall be the duty of the state board of equalization at the time of the lery of the annual tax to estimate the amount required to pay the state's share of the cost of maintaining the county agricultural and training schools established under the provisions, of this act, and to levy a special tax of not to exceed one-fifth (1/5) of one mill on the dollar upon the assessed 144 GENERAL SCHOOL LAWS valuation of all property in the state, which tax when collected shall be paid into the hands of the state treasurer who shall at once enter the same into the state agricultural and training school fund. Said fund shall be preserved inviolate for the payment of the state claims provided herein. Sec. 1471. ACTS, PROCEEDINGS AND ELECTIONS LEGALIZED.] That all acts and proceedings heretofore had by the board of county commissioners in any county, preliminary to submitting to the voters of such county at either a general or special election, the question whether such county shall establish a county agricultural and training school under the provisions of Chapter 265, Session Laws of 1911, and all general or special elections held pursuant to such acts, proceedings, calls and notices shall be and are hereby legalized in. each and every case, and hereby declared valid acts, proceedings, calls, notices and elections. And this shall be true notwithstanding the omission of any matter or thing by law required as a pre-reqaisite to the submission of such question at a general or special election and the holding of such election, and notwithstanding defects or omissions in the proceed- ings had preliminary to or in the calling of, and the giving of the required notice of the submission of such question, for the establishment of such county agricultural and training school at such general or special election; and notwithstanding the omission of any matter or thing by law required to be stated in such notice; and notwithstanding any defect in the form of or the omission from the ballot used at such general or special election, any matter or thing required by law therein to be stated. ARTICLE 34.— INDUSTRIAL SCHOOL Sec. 1725. NAME AND OBJECTS.] That the institution known as the industrial school and school for manual training, located at Ellen- dale, Dickey county, North Dakota, be henceforth designated the state normal and industrial school, the object of such school being to provide instruction in a comprehensive way in wood and iron work and the various other branches of manual training, cooking, sewing, modeling, art work, and the various other branches of domestic economy as a co-ordinate branch of education, together with mathematics, drawing and the other necessary school studies, and to prepare teachers in the science of education and the art of teaching in the public schools, with special reference to manual training. Sec. 1726. ENDOWMENT.] All proceeds accumulating in the interest and income fund arising from the sale or leasing of all lands granted or hereafter to be granted by the State of North Dakota for the said industrial school, are hereby pledged for the establishment and main- tenance of said industrial school. Sec. 1727. MANAGEMENT BY TRUSTEES. Sec. 172S. MEETINGS OF TRUSTEES AND COMPENSATION OF THE SAME. Sec. 1729. OATH. BOND. PLANS AND SPECIFICATIONS.] Before STATE OF NORTH DAKOTA 14& entering upon the duties of his office each member of said board of trustees shall take and subscribe an oath as follows: "I do solemnly swear that I will support the constitution of the United States and the constitution of the state of North Dakota and will faithfully discharge the duties of board of trustees of the state industrial school according to the best of my ability; that I have not received and will not know- ingly and intentionally, directly or indirectly receive any money or other consideration from any source whatever for any vote or influence I may give or withhold or for any other official act I may perform as such trustees, except as herein provided." He shall also execute a bond in the penal sum of three thousand dollars, for the use and benefit of the state of North Dakota, with two or more good and sufficient sureties to be approved by the governor, and be filed with the secretary of state, conditioned upon the faithful performance of his duties and the honest and faithful disbursement of and accounting for all moneys which may come into his hands under the provision of this article. The members of said board having taken the foregoing oath and executed the bond as aforesaid are hereby empowered and required to cause to be prepared suitable plans and specifications by a competent architect. Such plans shall contemplate the erection of a building or buildings which will accommodate not less than one hundred nor more than five hundred students, and shall be accompanied by specifications and by a detailed estimate of the amount required and description of all ma- terial and labor required for the erection and full completion of the building or buildings ; and no plan shall be adopted that contemplates the expenditure of more money for its completion than the amount reasonably necessary to carry out the object of said institution. Sec. 1730. SUPERINTENDENT OP CONSTRUCTION. PROPOSALS FOR BUILDING.] The said board of trustees shall employ the architect whose plans and specifications are accepted to act as superintendent of construction, who shall receive for such plans and specifications and for superintending construction such pay as the board by agreement may determine; which pay shall not exceed an amount equal to five per cent of the estimated cost of said building. Whenever the said plans and specifications shall have been approved and adopted by a majority of the board of trustees they shall cause to be inserted in at least two of the daily newspapers published in the state of North Dakota, and having a general circulation therein an advertisement for sealed bids for the construction of the buildings herein authorized, and they shall furnish a printed copy of this article, and a copy of the plans and specifications to any person or persons applying therefor; provided, said trustees may advertise as aforesaid whenever there shall be a sufficient amount of money to the credit of said industrial school with which to construct all or any part thereof deemed expedient by said trustees to erect or construct; provided, further, that said building or buildings shall be erected on the piece or parcel of land at or near the city of Ellendale, in Dickey county, donated by the citizens of said city, and now held in fee simple by the state of North Dakota. No 146 GENERAL SCHOOL LAWS trustees or officers of said industrial school shall be in any way inter- ested in any contract for the erection of said building or buildings or furnishing any material for said buildings, and if any such officer be so interested he shall be deemed guilty of a misdemeanor and on convic- tion be fined in any sum not exceeding five thousand dollars. Sec. 1731. TREASURER TO KEEP FUNDS. ACCOUNTS, HOW AUD- ITED.] All moneys that may accrue from the interest and income derived from the renting and sale of lands hereinbefore appropriated and all moneys that may hereafter be appropriated by the legislative assembly of North Dakota including all moneys raised in any other manner for said school shall be deposited -with the state treasurer, to be by him kept in a separate fund, -which shall be known as the state industrial school fund; and such funds shall be used exclusively for the benefit of said school as may be herein or hereafter provided. The board of trustees of the state industrial school shall audit all accounts against the funds appropriated by the legislative assembler of the state of North Dakota, or held by the state for the use of the state industrial school, and the state auditor shall issue his warrant upon the state treasurer for the amount of all accounts which have been so audited and allowed by the board of trustees and attested by the president and secretary of said board. The board of trustees of the state indus- trial school shall direct the disposition of all moneys appropriated, or that may hereafter be appropriated by the legislative assembly of the state of North Dakota, or may hereafter accumulate in any manner in the state industrial school fund. The board shall have the power to receive all donations, gifts and bequests that may be offered or ten- dered to or for the benefit of such school, and dispose of the same. All moneys coming into the hands of such board shall be immediately covered into the state treasury to the credit of the state industrial school fund. Sec. 1732. FACULTY.] The -board of trustees shall have power to employ a president and necessary teachers, instructors and assistants to conduct such school, and to prescribe their respective duties and to fix the salaries of such employes. They shall have power to remove the president, instructors and assistants and to fill all vacancies. The faculty shall consist of the president, teachers and instructors, and it shall pass all needful rules and regulations for the government and discipline of the school and all such rules and regulations as are nec- essary for the preservation of morals, decorum and health. Sec. 1733. MILITARY INSTRUCTION REQUIRED.] The state nor- mal-industrial school is authorized and required to give theoretical and practical instruction in military science under such rules and regulations as the faculty of said institution may prescribe. Sec. 1734. INSPECTION BY ADJUTANT GENERAL.] Such company or companies as may be organized and drilled at said institution shall be subject to regular inspection by the adjutant general of the state of North Dakota, or by an officer detailed for that purpose. Sec. 1735. MUSKETS TO BE LOANED.] The adjutant general is STATE OF NORTH DAKOTA 147 hereby authorized to loan to said state normal-industrial school fifty muskets and accoutrements, or such part thereof as may be available, for efficiently organizing and drilling said company or companies, the adjutant general to prescribe the terms upon which such loan may be made. Sec. 1736. APPROPRIATION.] There is hereby appropriated out of the state treasury for said state normal-industrial school from any moneys not otherwise appropriated, the sum of one hundred fifty dollars annually for the purchase of such stores as may be necessary for target practice.^ Sec. 1737. REPORTS.] The faculty shall make an annual report to the board of trustees on or before the first Monday of November of each year, showing the condition of the school and containing such recom- mendations as the v/elfare of the institution shall demand. The board of trustees shall make a report to the governor on or before the fifteenth day of November next preceding each biennial session of the legislative assembly, containing the several reports of the faculty herein provided for, and showing the condition of the funds appropriated for the school, the money expended and the purpose for which the same was expended in detail, and showing the number of students in attendance, the work accomplished by them, and the condition of the school in general. ARTICLE 35.— NORTH DAKOTA ACADEMY OF SCIENCE Sec. 1596. OBJECT OF ACADEMY OF SCIENCE.] The North Dakota academy of science heretofore established at Wahpeton is hereby con- tinued as such. The object of such academy shall be to furnish instruc- tion in the pure and applied sciences, mathematics, languages, political science, and history as is usually given in schools of technology below the junior year, the chief object being the training of skilled workmen in the most practical phases of applied science. A general science course may also be offered, consisting of three years' work above the high school course. Upon completion of either of the above courses the board of trustees may grant appropriate certificates of the work accomplished. Sec. 1597. HOW GOVERNED.] Such school shall be under the direc- tion and management of a board of ti;ustees and shall be erected, gov- erned and maintained as hereinafter provided. Sec. 1598. RELATES TO BOARD OF TRUSTEES. Sec. 1599. POWERS OF BOARD.] Such board shall have power to buy or procure the necessary ground and to erect and equip the necessary buildings for said school, to appoint a principal and assistants to take charge of such school and such other teachers and officers as may be required and fix the salaries of each and prescribe their several duties. It shall also have power to remove, either principal, assistant or teacher and appoint others in their stead. The board shall prescribe the various books to be used in such school and shall make all the regulations and by-laws necessary for good government and main- tenance of the same and shall have power to procure all necessary ap- 14:6 GENERAL SCHOOL LAWS paratus, instruments and appurtenances for instruction in said school. Sec. 1600. RULES AND REGULATIONS.] The board shall prescribe such rules and regulations for the admission of pupils to said school as it shall deem necessary and proper and may in its discretion require applicants for admission into such school to pay such fees or tuition as the board may deem reasonable. Sec. 1601. RELATES TO COMPENSATION OF TRUSTEES. Sec. 1602. DUTIES OP STATE TREASURER.] The state treasurer shall be the custodian of all funds belonging to such school, from whatever source received, and the same shall be deposited with him and by him kept in a separate fund which shall be known as the North Dakota academy of science fund, and shall be used exclusively for the benefit of such academy; provided, however, that any sum or sums received by such board of trustees for tuition or fees for scholarships in such school, may be kept and disbursed by the secretary of such board upon the order of the president thereof for current expenses of such school. Sec. 1603. RELATES TO QUORUM OF TRUSTEES. ARTICLE 36.— SCHOOL OF FORESTRY Sec. 1674. SCHOOL OF FORESTRY LOCATED.] A state school of forestry, to be known as the North Dakota school of forestry, is located at Bottineau, in the county of Bottineau, state of North Dakota, by virtue of the vote taken thereon according to law. The object of the school of forestry shall be to furnish the instruction and training contemplated in an agricultural high school, emphasizing those subjects that have a direct bearing on forestry and horticulture. (See Const. Sec. 216, Sub. 4.) Note: Sections 1675, 1676, 1677, 1678, 1679 relate to the Board of Trus- tees whose duties were taken over by the Board of Regents who in turn were superseded by the Board of Administration. They provide for appointments, compensation, meetings, etc. Sec. 1679a. STATE FORESTER.] For the promotion of forestry in this state there is hereby created the office of state forester. This office shall be filled by the president of the school of forestry. He shall have general supervision of the raising and distribution of seeds and forest tree seedlings as hereinafter provided; shall promote prac- tical forestry; compile and disseminate information relative thereto, and publish the results of such work by issuing and distributing bulle- tins, lecturing before farmers' institutes, associations and other organi- zations interested in forestry, and in such other ways as will most practically reach the public. Sec. 1679b. STATE NURSERY.] There shall be established in con- nection with the state school of forestry and under the direction of the state forester a forest tree nursery for the propagation of seeds and forest tree seedlings which shall be best adapted to the climatic conditions of this state. For such purpose the board of trustees of STATE OF NORTH DAKOTA 149 the school of forestry shall set apart a tract of not less than ten acres of the glands belonging to such school. Sec. 1679c. DISTRIBUTION.] Seeds and seedlings from such nursery shall be distributed to citizens and land owners of this state upon the payment of the actual cost of transportation from the nursery to the place where the same are to be planted. As a condition precedent to such distribution the citizen or land owner making application therefor must agree to plant the seeds and seedlings distributed under the direc- tion of the state forester and in conformity with his instructions. Sec. 1679d. DIRECTIONS FOR PLANTING. ASSISTANTS.] The state forester is hereby required to furnish each applicant for seeds or forest tree seedlings, suitable directions for planting the same, and when requested so to do, shall furnish skilled assistants to supervise such work and in the event that assistance is furnished, the applicant thereof shall pay the expense thereof. ARTICLE 37.— VOCATIONAL EDUCATION UNDER SMITH-HUGHES ACT (S. B. No. 63, 1919) Sec. 1. ACCEPTANCE OF PROVISIONS.] The State of North Dakota hereby accepts all the provisions and benefits of an act passed by the Senate and the House of Representatives of the United States of America, in Congress assembled, entitled "An act to provide for the promotion of vocational education, to provide for co-operation with the states in the promotion of such education in agriculture and trades and indus- tries; to provide for co-operation with the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditures" and approved February twenty-third, nineteen hundred seventeen. Sec. 2. STATE TREASURER TO BE CUSTODIAN OF FUNDS.] The state treasurer is hereby designated and appointed custodian of all moneys received by the state from the appropriation 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 said act and for the purposes therein specified. He shall also pay out any moneys appropriated by the State of North Dakota for the purposes of carrying out the provisions of this act upon the order of the state board for vocational education. Sec. 3. STATE BOARD.] The state board of education shall be the board designated as the state board for vocational education and shall have all necessary authority to co-operate with the federal board for vocational education in the administration of said act of Congress; to administer any legislation pursuant thereto enacted by the state of North Dakota; and to administer the funds provided by the federal government and the state of North Dakota under the provisions of this act, for the promotion of vocational education in agricultural subject, 150 GENERAL SCHOOL LAWS trade and industrial subjects, home economics subjects. It shall have full authority to formulate plans for the promotion of vocational education in such subjects as are an essential and integral part of the public school sj-stem of education in the state of North Dakota, and to provide for the preparation of teachers of such subjects. It shall have authority to fix the compensation of such officers and assistants as may be necessary to administer the federal act and the act for the state of North Dakota 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 estab- lishment by local communities of schools, departments, or classes giving training in such subjects; to co-operate with local communities in the maintenance of such schools, departments, or classes; to prescribe the qualifications for the teachers, directors, and supervisors of such sub- jects and to have full authority to provide for the certification of such teachers, directors, and supervisors; to co-operate in the maintenance 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 control by general regulations the qualifications to be possessed by persons engaged in the training of vocational teachers. Sec. 4. POWERS AND DUTIES OF STATE BOARD.] The state board of education shall have power to appoint and shall appoint a state director for vocational education and such assistants as may be necessary to carry out the provisions of this act. The duties, terms of office, and compensation of such director and assistants shall be as may be determined by the state board of education. The state director shall be a graduate of a standard college or university and shall have had at least five years of experience as superintendent of schools. Sec. 5. CO-OPERATION OF SCHOOL BOARDS.] The school board or board of education of any school district or the board of trustees for the county training and agricultural schools may co-operate with the state board of education in the establishment and maintenance of vocational schools, departments, or classes, giving instruction in agri- cultural subjects, in trade or industrial subjects, or in home economics subjects, and may use any moneys raised in public taxation in the same manner as moneys for other school purposes are used for main- tenance and support of public schools. Whenever any school, depart- ment, or class giving instruction in vocational subjects, as provided for in this act and the rules and regulations adopted by the state board of education shall have been approved by the state board of education, it shall be entitled to share in the federal and state funds available. Sec. 6. REIMBURSEMENT OF SCHOOLS.] The state board of edu- cation shall reimburse such approved vocational schools, departments, or classes from federal funds to the extent of one-half of the salaries of teachers of such vocational subjects; provided that if the amount STATE OP NORTH DAKOTA 15i of federal funds shall not be sufficient to reimburse to the full extent the amount due the schools,, departments, or classes as reimbursement, the state board of education, may prorate the sums available among the various schools, departments, or classes mesting the requirements of this act and the rules and regulations of the state board of education. Sec. 7. APPROPRIATION.] There is hereby appropriated for the purpose of carrying out the provisions of this act out of any moneys in the state treasury not otherwise appropriated the sum of twelve thousand dollars annually or so much thereof as may be deemed neces- sary by the state board of vocational education. Sec. 8. APPROPRIATION. HOW USED.] The moneys appropriated by Section 7 of this act shall be used by the state board of education for the promotion of vocational education as provided for in the federal act and for the purposes set forth in this act. Sec. 9. REPORT TO GOVERNOR.] The state board of education shall make a report biennially to the Governor setting forth the con- dition of vocational education in the state of North Dakota, a list of the schools to which federal and state aid has been given, and a state- ment of the expenditures of federal funds and the state funds provided in Section 7 of this act. Approved March 4, 1919. 152 GENERAL SCHOOL LAWS CHAPTER 8.— HIGHER AND PROFESSIONAL EDUCATION ARTICLE 38.— UNIVERSITY Op NORTH DAKOTA Sec. 1539. UNIVERSITY, WHERE LOCATED.] The university of North Dakota as now established and located at the city of Grand Forks shall continue to be the university of the state. Sec. 1540. BOARD OF TRUSTEES TO GOVERN.] The government of such university shall be vested in a board of trustees consisting of five members, of which the Hon. William Budge, for and during his good pleasure, as an honorary member with all rights and powers of a member of said board, shall be one of said board; the remaining members thereof to be appointed by the governor, by and with the advice and consent of the senate. Sec. 1542. POWERS AND DUTIES OF THE BOARD.] The board of trustees shall possess all the powers necessary to accomplish the objects and perform -the duties prescribed by law, and shall have the custody of the books, records, buildings and all other property of such university. The board shall elect a president and a secretary who shall perform such duties as may be prescribed by the by-laws of the board. The secretary shall keep a correct record of all transactions of the board, and of the committees thereof, and in addition to performing the duties of secretary, he shall be the superintendent of the buildings and grounds of the university and discharge such other duties as may from time to time be prescribed by the board of trustees. ***** Sec. 1543. MEETINGS OF THE BOARD.] The time for the election of the president and secretary of such board and the duration of their respective terms of office, the time for holding the regular annual meet- ing, and such other meetings as may be required, and the manner of giving notice of the same shall be determined by the board. Four members shall constitute a quorum for the transaction of business, but a less ' number may adjourn from time to time. * * * Sec. 1544. NUMBER OF MEETINGS LIMITED.] Such board shall not hold more than twelve sessions in any year and such sessions shall not exceed twenty-four days in the aggregate; but the governor may in his discretion authorize additional sessions. ***** Sec. 1545. GOVERNMENT OF UNIVERSITY. POWERS OF TRUS- TEES.] The board of trustees shall adopt rules for the government of the university in all its branches; elect a president and the requisite number of professors, instructors, officers and employes, fix the salaries STATE OF NORTH DAKOTA 153 and the term of office of each, and determine the moral and educational qualifications of applicants for admission to the various courses of instruction; but no instruction, either sectarian in religion or partisan in politics, shall ever be allowed in any department of the university, and no sectarian or partisan test shall ever be allov/ed or exercised in the appointment of trustees, or in the election of professors, teachers or other officers of the university, or in the admission of students thereto or for any purpose whatever. Such board shall have power to remove the president or any professor, instructor or officer of the uni- versity, when in its judgment the interests of the university require it. The board may prescribe rules and regulations for the management of the library, cabinets, museum, laboratories and all other property of the university and of its several departments and for the care and preservation thereof, with suitable penalties and forfeitures by way of damages for their violation, which may be sued for and collected in the name of the board before any court having jurisdiction. * * * Sec. 1546. BOARD MAY EXPEND INCOME.] The board is authorized to expend such portion of the income of the university fund as it may deem expedient for the erection of suitable buildings and the pur- chase of apparatus, a library, cabinets and additions thereto; and, if deemed expedient, it may unite with the university as a branch thereof any college in the state, upon application of its board of trustees; and such college so received shall become a branch of the university and be subject to visitation by the trustees. ***** Sec. 1547. BOARD TO MAKE REPORT.] At the close of each fiscal year the trustees through their president shall make a report in detail to the governor, exhibiting the progress, condition and wants of each of the colleges embraced in the university, the course of study in each, the number of professors and students, the amount of receipts and dis- bursements, together with the nature, cost and results of all important investigations and experiments and such information as they may deem important, one copy of which shall be transmitted free by the governor to each college endowed under the provisions of the act of congress entitled "An act donating land to the several states and territories which provide colleges for the benefit of agriculture and mechanic arts," approved July 2, 1862, and also one copy to the secretary of the interior. ***** Sec. 1548. POWERS OF THE PRESIDENT AND FACULTY.] The president of the university shall be president of the several faculties and the executive head of the instructional force in all its departments; as such, he shall have authority, subject to the power of the board of trustees to give general directions respecting the instruction and scien- tific investigation of the several colleges, and so long as the interests of the institution require it he shall be charged with the duties of one of the professorships. The immediate government of the several col- leges shall be intrusted to their respective faculties, but the trustees shall have the power to regulate the course of instruction and prescribe 154 GENERAL SCHOOL LAWS -the books or works to be used in the several courses, and also confer such degrees and grant such diplomas as are usual in universities, or as they shall deem appropriate, and to confer upon the faculty, by by-laws the power to suspend or expel students for misconduct or other causes prescribed in such by-laws. Sec. 1549. OBJECT AND DEPARTMENTS OF THE UNIVERSITY.] The object of the university shall be to provide the means of acquiring a thorough knowledge of the various branches of learning connected with scientific, industrial and professional pursuits, in the instruction and training of persons in the theory and art of teaching, and also instruction in the fundamental laws of this state and of the United States in regard to the rights and duties of citizens, and to this end it shall consist of the following branches or departments. 1. The college or department of arts. 2. The college or department of letters. 3. The teachers' college. 4. The school of mines, the object of which shall be to furnish facili- ties for the education of such persons as may desire to receive instruc- tions in chemistry, metallurgy, mineralogy, geology, mining, milling and engineering. 5. The military department or school, the object of which shall be to instruct and train students in the manual of arms and such military maneuvers and tactics as are taught in military colleges. 6. Such professional or other colleges or departments as now are or may from time to time be added thereto, or connected therewith, and the board of trustees is hereby authorized to establish such professional and other colleges or departments as in its judgment may be deemed necessary and proper, but no money shall be expended by the board in establishing and organizing any of the additional colleges or depart- ments provided for in this section, until an appropriation therefor shall have first been made. Sec. 1550. COURSES OF INSTRUCTION.] The college or depart- ment of arts shall embrace courses of instruction in mathematical, physical and natural sciences, with their application to industrial arts such as agriculture, mechanics, engineering, mining, and metallurgy, manufactures, architecture and commerce and such branches included in the college of letters as shall be necessary properly to fit the pupils in the scientific and practical courses for their chosen pursuits, and in military tactics. In the teachers' college the proper instruction and learning in the theory and art of teaching and in all the various branches and subjects needful to qualify for teaching in the common and high schools; provided that all instruction in teachers' college shall be above the grade of secondary schools, and as soon as the income of the university will allow, in such order as the wants of the public shall seem to require, the courses of sciences and their appli- cation to the practical arts shall be expanded into distinct colleges of the university, each with its own faculty and appropriate title. The STATE OF NORTH DAKOTA 15S college of letters shall be co-existant with the college of arts and shall embrace a liberal course of instruction in languages, literature and philosophy, together with such courses or parts of courses in the college of arts as the trustees shall prescribe. Sec. 1551. SCANDINAVIAN LANGUAGE TAUGHT.] It shall be the duty of the trustees to cause to be taught at said institution the Scan- dinavian language, and for that purpose shall employ as one of the teachers of such institution a professor learned in that language. Sec. 1552. PUPILS, WHO MAY BECOME.] The university shall be open to students of both sexes under such regulations and restrictions as the board of trustees may deem proper, and all able-bodied male students of the university may receive instruction and discipline in military tactics, the requisite arms for which shall be furnished by the state. Sec. 1553. GRADUATES ENTITLED TO CERTIFICATES TO TEACH.] After any person has graduated at the university, and after such gradu- ation has successfully taught a public school in this state for sixteen months, the superintedent of public instruction shall have authority and it shall be his duty to countersign the diploma of such teacher if upon examination he is satisfied that such person has a good moral character and is possessed of sufficient learning and ability to teach. Any person holding a diploma granted by the board of trustees of such university, certifying that the person holding the same has graduated from such university, shall after his diploma has been countersigned by the superintendent of public instruction as aforesaid, be deemed qualified to teach any of the public schools in the state, and such diploma shall be a certificate of such qualification until annulled by the super- intendent of public instruction. Sec. 1554. TUITION FEES.] No student who shall have been a resi- dent of the state for one year next preceding his admission shall be required to pay any fees for tuition in the university, except in the law department and for extra studies. The trustees may prescribe rates of tuition for any pupil in the law department, or who is not a resident as aforesaid, and for teaching extra studies. Sec. 1556. TRUSTEES TO MAKE RULES AND BY-LAWS.] The board of trustees shall make rules, regulations and by-laws for the government and management of the university and of each department thereof. It shall also prescribe rules, regulations and by-laws for the admission of students; but each applicant for admission must undergo an examination to be prescribed by the board, and shall be rejected if it shall appear that he is not of good moral character. The board shall also require each applicant for admission in the normal depart- ment, other than such as shall, prior to admission, sign and file with such board a declaration of intention to follow the business of teaching in the common schools of this state for at least one year, to pay such fees for tuition as the board may deem proper and reasonable. Sec. 1557. SALARIES.] The board of trustees shall from time to 156 GENEREAL SCHOOL LAWS time fix the salary of the president, professors and teachers of such university, and shall certify the same to the state auditor. Such board shall also from time to time certify to the state auditor the amount due such persons for salary, and the state auditor shall draw his war- rants upon the state treasurer for the amounts so certified. Sec. 1558. SECRETARY OF STATE TO FURNISH LAWS.] The secretary of state shall deliver to the university fifty copies of each volume of the general and special laws of the state, and the reports of the decisions of the supreme court, hereafter published, for use in the way of exchanges and otherwise in the establishment and main- tenance of a law library for the law department of such university. Sec. 1559. SUPREME COURT REPORTS, HOW OBTAINED.] He shall procure for the purpose aforesaid from the publishers of the su- preme court reports fifty copies of each volume thereof hereafter pub- lished, in addition to the number authorized for other purposes, to be paid for at the same price and in the same manner as such reports are delivered to the secretary for other purposes. Sec. 1560. LOAN OF MUSKETS AUTHORIZED.] ' The adjutant gen- eral or whoever may be in charge of the state arms shall, under the direction of the governor, loan to the board of trustees of such university one hundred muskets and accoutrements or as many as can be spared, not exceeding that number, the same to be used for drill purposes, by the students of such university. Sec. 1561. MUSKETS, WHEN RETURNED.] In case such arms and accoutrements are needed by the state at any time, the governor or adjutant general under his instruction may call in the same and the trustees of such university shall immediately turn the same over to such officer in good condition. Sec. 1562. GEOLOGICAL SURVEY. DUTY OF TRUSTEES.] It shall be the duty of the board of trustees of the university to cause to be begun as soon as may be practicable, and to carry on a thorough geological and natural history survey of the state. Sec. 1563. EXTENT OF THE SURVEY.] The geological survey shall be carried on with a view to a complete account of the mineral king- dom, as represented in the state, including the number, order, dip and magnitude of the several geological strata, their richness in ores, coals, clays, peats, salines and mineral waters, marls, cements, building stones and other useful materials, the value of said substances for economical purposes and their accessibility; also an accurate chemical analysis of the various rocks, soils, ores, clays, peats, marls and other mineral substances of which a complete and exact record shall be made. Sec. 1564. METEOROLOGICAL STATISTICS TABULATED.] The board of trustees shall also cause to be collected and tabulated such meteorological statistics as may be needed to account for the varieties of climate in the various parts of the state; also to cause to be ascer- tained by barometrical observations or other appropriate means, the relative elevations and depressions of the different parts of the state; STATE OF NORTH DAKOTA 15? and also on or before the completing of such surveys to cause to be compiled from such actual surveys and measurements as may be nec- essary an accurate map of the state; which map when approved by the governor shall be the official map of the state. Sec. 1585. SPECIMENS COLLECTED.] It shall be the duty of said board to cause proper specimens, skilfully prepared, secured and labeled of all rocks, soils, ores, coals, fossils, cements, building stones, plants, woods, skins and skeletons of animals, birds, insects and fishes, and other mineral, vegetable and animal substances and organisms discov- ered or examined in the course of said surveys, to be preserved for public inspection free of cost, in the university of North Dakota, in rooms convenient of access and properly warmed, lighted, ventilated and fur- nished, and in the charge of a proper scientific curator; and they shall, also, whenever the same may be practicable, cause duplicates in reason- able numbers and quantities of the above named specimens, to be collected and preserved for the purpose of exchange with other state universities and scientific institutions, of which latter the Smithsonian institution at Washington shall have the preference. Sec. 1566. MAP OF THE STATE.] The board shall cause a geologi- cal map of the state to be made as soon as may be practicable, upon which by colors and other appropriate means and devices the various geological formations shall be represented. Sec. 1567. ANNUAL REPORT OF TRUSTEES.] It shall be the duty of the board, through its president, to make on or before the second Tuesday in December of each year, a report showing the progress of said surveys, accompanied by such maps, drawings and specifications' as may be necessary and proper to exemplify the same to the governor, who shall lay the same before the legislative assembly, and the board upon the completion of any separate portion of any of the said surveys shall cause to be prepared a memoir or final report which shall embody in a convenient manner all useful and important information accumu- lated in the course of the investigation of the particular department or portion; which report or memoir shall likewise be communicated through the governor to the legislative assembly. Sec. 1568. ESTABLISHMENT OF BIOLOGICAL STATION.] There is hereby created and established a biological station to be located on or near the shore of Devils Lake, in Ramsey county. North Dakota, and to be under the control and regulation of the board of trustees of the state university, and the biological staff of the state university shall have direction of the work of said station. Sec. 1569. DUTIES OF DIRECTOR. SITE.] It shall be the duty of the staff of said station, as directors thereof, to study! the animals and plants in Devils Lake and in any other portions of North Dakota with reference to the problem of restocking and cultivating fish in Devils Lake and in any other waters of the state, especially those of an alkaline character; to study and make collection of any animals and plants in North Dakota that have commercial or scientific value, and to 158 GENERAL SCHOOL LAWS cause to be issued from time to time, bulletins and reports, which shall be printed at state expense, setting forth results of the studies at the station or of those carried on in work associated with the station, the substance of which bulletins and reports, embodying all useful and important information resulting from the work carried on at the station or in the work associated with the station each year, shall be incor- porated by said directors in an annual report to the governor who shall lay the same before the legislative assembly; provided, that this biological station shall not be established nor its work undertaken unless a suitable tract of land therefor be donated free of charge by warranty deed. Sec. 1570. APPROPRIATION FOR BUILDING.] For the purpose of erecting a suitable building for a biological station, at Devils Lake, North Dakota, there is hereby appropriated for the said station the sum of five thousand dollars out of the moneys of the state treasury not otherwise appropriated. Sec. 1571. APPROPRIATION FOR MAINTENANCE.] For the pur- pose of providing proper equipment and for the maintenance of' said biological station and its associated work there is hereby appropriated the sum of three thousand dollars annually out of moneys in the state treasury not otherwise appropriated. Sec. 1572. STATE GEOLOGIST.] The professor of geology in the university shall be ex-officio state geologist. Sec. 1573. TESTS. BULLETINS PUBLISHED.] In order to aid in the development of our mineral resources and manufacturing indus- tries and to keep good faith with the United States government in accepting the land grant and to further the purpose of the grant, the board of trustees of the state university and school of mines are directed to provide suitable means for experimentation and practical testing of the mineral and other allied resources in order to demonstrate their fitness for mining and manufacturing industries. It shall be the duty of the dean of the school of mines to make or to cause to be made by suitable persons, as rapidly as may be, exhaustive and practical tests of all mineral and allied resources to show the exact value and uses of all these materials, as well as the best and most economical methods of extracting and manufacturing. The products thus derived shall be properly labeled and kept for public inspection in the museum of said ■ school of mines, excepting at such times as these products may be needed as displays for the purpose of securing the development of indus- tries. Investigations and practical tests shall be made to obtain a cheap and efficient method of lignite coal briquetting and to show by actual tests the best methods of burning lignite; to determine the possibility of utilizing lignite as a gas producing material and also for power and lighting; to determine the value of sandstones and other stones for building material; to test clays for tableware, earthenware, stoneware, sewer pipe, etc.; to take up other resources for practical testing as opportunity is afforded. In order that the greatest possible SrAlE OF NORTH DAKOTA 153 good may come from the practical testing and other provisions of this law, and in order to promote the development of the mining and allied manufacturing industries, bulletins shall be published from time to time by the school of mines announcing the progress and results of all tests and investigations and giving as much aid as possible relative to the best methods of mining, handling, treating and manufacturing the various mineral products of the state. A biennial report shall be issued. Sec. 1574. APPROPRIATION.] There is hereby appropriated out of any funds in the state treasury, not otherwise appropriated, the sum of one thousand dollars annually, to meet the necessary expenses con- nected with the geological survey of the state, as provided for in sections 1562 and 1563. Sec. 1576. COCHRANE LIBRARY.] For the purchase of the law library of the late John M. Cochrane, of Grand Forks, North Dakota, for the use and benefit of the college of law of the university of North Dakota, there is hereby appropriated out of any mon^ in the state treasury, not otherwise appropriated, the sum of ten thousand dollars. Sec. 1577. DUTY OF DEAN OF COLLEGE OF LAW.] The dean of the college of law of the university of North Dakota is hereby authorized to inventory and receive the said law library, properly classify the same, have the same suitably labeled and branded as being the property of the state of North Dakota, provide suitable shelving for the said books, insure the same in the name of the state of North Dakota, and in proper manner direct the management of the said law library. The said law library shall be a reference library only and be for the use of students attending the college of law of the university of North Dakota and others who may desire to consult the same during proper hours to be prescribed by the dean of said college of law. The dean of said college is authorized and required to make suitable rules for the use of said law library, one of which rules shall be to the effect that no books shall be removed for use from the library room in which said books are contained. If at any time the college of law of the said university of North Dakota shall be discontinued the said books, all of them, shall be immediately transferred to the capitol at the seat of government and be merged with and become a part of the state law library. The dean of said college of law, immediately on the receipt of said law library, shall make out duplicate invoices and inventories of said law library and transmit one to the secretary of state, to be by him preserved. On the first day of July thereafter in each year the said dean shall transmit a new invoice and new inventory showing all books on hand, including the additions of said law library, if any, which additions shall, from time to time, as fast as received, be branded and marked as provided for the original purchase herein. Any law books now the property of the said university, or which shall be here- after received, shall be likewise branded and a full inventory returned to the secretary of state, it being the intention of this section that on the receipt of the said Cochrane library all books on the subject of 160 GENERAL SCHOOL LAWS the law, owned by the university of North Dakota and used in its college of law, shall be merged with the said Cochrane library so as to form one full and complete law library. The dean of said college of law is authorized to exchange, before branding, any duplicate books he may have, for other works of a legal nature suitable for use 'in the said college of law. Sec. 1. APPROPRIATION.] For the purpose of providing at the School of Mines, necessary equipment and material and for the work and maintenance of the investigations and tests of the clays of the state to prove in a practical way, their special fitness for a variety of industries, there is hereby appropriated out of any money in the state treasury, not otherwise appropriated, the sum of four thousand dollars for the biennial period of 1917-1918. Chap. 214, p. 302, 1917. Sec. 549. BOARD OF ACCOUNTANCY.] The trustees of the State University shall appoint a board of three members, which board shall be known as a board of accountancy. The term of office of the members of this board shall be five years. Vacancies in this board shall be filled in the same manner as original appointments are made. Members of this board shall receive for their services actual expenses incurred in the discharge of their duties and the amount sufficient to defray clerk hire, and no more. Of the members of this board, one shall be an educator, one an attorney and one a person skilled in the practice of accounting. STATE OF NORTH DAKOTA 161 Division 3. — Support of the Educational System CHAPTER 9.— NATIONAL ENDOWMENT ARTICLE 39.— BOARD OF UNIVERSITY AND SCHOOL LANDS Sec. 284. BOARD, HOW CONSTITUTED.] The governor, secretary of state, state auditor, attorney general and superintendent of public instruction shall constitute the Board of University and School Lands. The governor shall be president, the secretary of state, vice-president, and the commissioner of university and school lands, secretary thereof. In the absence of the commissioner at any meeting of the board, the deputy commissioner of university and school lands shall act as secre- tary. Such board when acting as such, must act personally; no member can be represented on such board by any assistant or clerk. Chap. 203, p. 287, 1917. Sec. 285. BOARD, POWERS OF.] Subject to the provisions of article 9 of the constitution and the provisions of this article, such board shall have the full control of the selecting, appraisement, rental, sale, disposal and management of all school and public lands of the state, including the real property donated to the territory of Dakota under the provisions of chapter 104 of the laws of 1883, except such as has been sold, and the investment of the permanent funds derived from the sale thereof, or from any other source, and shall have power to appoint a competent person to act as the general agent of the board in the performance of all its duties pertaining to the selection, sale, leasing or contracting in any manner allowed by law, and the general control and management of all matters relating to the care and disposition of the public lands of the state, all of whose official acts shall be subject to the approval and supervision of the board. The title of such agent shall be "Commissioner of University and School Lands," and before entering upon his duties as such he shall take the oath prescribed for civil officers and give a bond in the penal sum of ten thousand dollars, with not less than two sureties, to be approved by the board, and recorded in the office of the secretary of state and filed, when recorded, in the office of the state treasurer. Sec. 286. MEETINGS OF BOARD.] Such board shall meet at the office of the commissioner on the last Thursday of each month, at ten o'clock in the forenoon. Special meetings of the board may be held at any time at the written call of the president or any two members of the board. Any three members of the board shall constitute a quorum. 162 GENERAL SCHOOL LAWS Sec. 287. BOARD INVESTS FUNDS. COMPENSATION OF BOARD. CONDITION OF LOANS.] Said board shall have power, and it is made its duty from time to time to invest any money belonging to the per- manent funds of the common schools. University, School of Mines, Reform School, Agricultural College and the School for the Deaf and Dumb, Normal Schools, and other permanent funds derived from the^ sale of public lands or from any other source in bonds of school cor- porations or of counties, or of townships, or of municipalities within the state, bonds issued for the construction of drains under the authority of law within the state, bonds of the United States, bonds of the State' of North Dakota, bonds of other states; provided, such states have never' repudiated any of their indebtedness, or in first mortgages on farm lands in this state, not exceeding in amount one-third of the actual value of any subdivision on which the same may be loaned, such valuQ to be determined by the Board of Appraisal of School Lands; provided, that at least one-third of the whole amount of the several permanent funds aforesaid' as computed by the Commissioner of University and School Lands at the end of each fiscal year, shall be invested in first mortgages or cultivated farm lands in this state, if there is a sufficient demand for investment in such loans; provided further, that for said services as such Board of Appraisal the County Auditor and County Superintendent of Schools shall receive only the necessary traveling expenses, but that the Chairman of the Board of County Commissioners shall be entitled to the same mileage and per 'diem as when serving on the Board of County Commissioners. The first mortgages on farm lands in this state shall be made only in the manner following, to-wit: 1. The first mortgage on farm lands and each of them, shall run. for a period of time not to exceed twelve years, and the funds so invested shall bear interest at the rate of five per cent, per annum, payable annually to the County Treasurer of the County in which such lands are located. The borrower shall have his option of paying ten per cent or any multiple thereof of the principal at any interest-bearing date, and the interest when paid shall be converted into and become a part of the interest and income fund. 2. First mortgage loans shall only be made upon cultivated land within the state and to persons who are actual residents thereof, and in no case on lands of which the appraised value is less than ten dollars per acre, and in sums not more than five thousand dollars to any person, firm or corporation. 3. Any or all of said mortgages may bei satisfied at any interest- paying date on payment of the whole amount due thereon. All pro- ceedings in regard to investments in first mortgages as provided in this chapter shall conform to and be governed by the laws of the State of North Dakota in such case made and provided. Said Board of University and School Lands shall not purchase or approve the purchase of any bonds or mortgages except at legal session thereof, nor unless every member of the board is notified by the secretary of said board in time to be present at such meeting, and notified also that the question of STATE OF NORTH DAKOTA 163 purchasing or acting on proposition for the purchase of certain bonds or mortgages is to be considered at the meeting, nor unless a majority of all the members vote in favor of such purchase, and the vote on the purchase of every bond and mortgage shall be taken by the yeas and nays and shall be duly recorded in the books of the board. 4. The borrower shall submit to the state land commissioner an appli- cation stating the amount he wishes to borrow and giving other informa- tion as to the land and character thereof on a blank, prepared and fur- nished by the land commissioner, together with an appraisal of the land signed by at least two members of the county board of appraisal and other information which may be required by the land commissioner to be furnished by said board. Such application and appraisal shall be presented to the board of university and school lands at their next meeting for consideration. Immediately after a loan is authorized the land commissioner shall notify the applicant in writing, stating the amount that will be loaned. If the amount is satisfactory to the appli- cant he shall present to the attorney general of the state an abstract continued to date. The attorney general shall carefully examine the same and ascertain the amount necessary to release each encumbrance, if any. The appli- cant shall also execute and deliver to the attorney general a mortgage and note executed by the owner of said premises, by wife or husband or both as the case may be, with the State of North Dakota as mortgagee. The mortgage shall be recorded and abstract continued to date subse- quent. The attorney general shall then certify in duplicate to the land commissioner and state auditor as • to the condition of the title and as to the amount or amounts necessary to release each encumbrance and deliver the certificates, abstract, mortgage and note to the state auditor. If the attorney general finds the title satisfactory and that the encum- brances do not exceed the amount of the loan, he shall place the certifi- cate and abstract before the state auditor, who shall draw his warrant in favor of the county treasurer of the county in which the loan is made for the amount of the loan. The county treasurer shall obtain and file with the proper county officer the releases necessary to release the land from all encumbrances, as stated in the certificate. The county treasurer shall also ascertain the amount of the unpaid record- ing, appraisal and abstract fees in connection with the loan, and file a , statement of such fees with the state land commissioner. The county treasurer shall then draw checks disbursing the proceeds of the loan in the following manner: First: To each of the parties holding an encumbrance against the property, if any, the amount thereof; Second: The balance to the applicant, and shall cause all releases to be recorded and continued on the abstract and forward to the state land commissioner, the abstract and all other instruments in connection with the loan. Approved February 25, 1919. Sec. 288. SATISFACTION OF MORTGAGE LOANS.] The governor 1R4 GENERAL SCHOOL LAWS and commissioner of University and School Lands, who are respectively the chairman and secretary of the Board of University and School Lands, are hereby empowered and required to jointly satisfy real estate mortgages given to the Board of University and School Lands whenever the loans secured by such mortgages shall have been fully paid, as certified to these officers by the state treasurer. Chap. 203, p. 288, 1917. Sec. 289. RECORDS TO BE KEPT BY SECRETARY.] The secretary shall enter in a suitable book kept for that purpose a full and correct record of all the proceedings of said board at each session thereof, which record when approved shall be signed by the president or pre- siding officer of the meeting and the secretary. Sec. 290. TREASURER CUSTODIAN OF FUNDS.] All moneys be- longing to the permanent funds of the common school and other public institutions derived from the sale of any of the public lands or from any other 'source shall be paid to and held by the state treasurer and be subject to the order of such board, and shall be paid over to order of the board for investment as provided in section 287 of this article, whenever the board requires the same for such investment. The state treasurer shall also be the custodian of all bonds, notes, niortgages and evidences of debt arising out of the management of the permanent funds derived from the sale of any of the public lands of the state or from any other source. Sec. 291. INVESTMENTS. HOW UNPAID MONEYS TO BE COL- LECTED.] It shall be the duty of the state treasurer, from time to time as the same become due, to collect all moneys due and owing on any and all of the securities held by him for investment or for permanent funds, and from time to time, whenever required by the board, to make report of the amount of such collections to the board, and a duplicate of the same to the state auditor. If any such moneys shall remain unpaid for thirty days after the same shall become due and payable, he shall make report in detail of all such unpaid amounts to the board who shall place the matter in the hands of the attorney general for collection whenever they shall deem it for the best interests of the state so to do, whose duty it shall be to proceed to collect the same by civil action, to be brought and prosecuted in the name of the state. Sec. 292. FORECLOSURE. ASSIGNMENTS.] Mortgage loans made under the provisions of this chapter may be foreclosed either by action or advertisement, in the same manner and upon the same notice as required in other real estate foreclosures. When foreclosure is made by action said action shall be brought and prosecuted in the name of the state; provided, further, that the board of university and school lands may, and it is hereby authorized and empowered to assign any or all of said mortgages, whenever in the judgment of said board it will be for the best interests of the state so to do; provided, however, that said board shall not accept as a consideration for said assignment STATE OF NORTH DAKOTA 165 any amount less than the principal and interest due upon said mortgage or mortgages. Such assignments when made shall be executed by the governor and attested by the secretary of state with the great seal of the state of North Dakota attached. Sec. 293. MANNER OP INVESTING PERMANENT FUNDS.] In the Investment of permanent funds under its control such board shall authorize the state auditor to draw his warrant on the state treasurer, payable out of the proper fund, for the purchase of the bonds or mort- gages, which warrant previous to delivery, shall be registered by the state treasurer in a book provided for that purpose. Sec. 294. INCIDENTAL EXPENSES OF BOARD, HOW PAID.] The necessary incidental expenses of the board shall be paid out of the state treasury, and upon satisfactory vouchers therefor the state auditor shall issue his warrant for the same. Sec. 295. APPROPRIATION FOR INTEREST.] There is hereby an- nually appropriated such sums as shall be found necessary for the expenses of purchase, and payment of accrued interest at the time of the purchase, of investment bonds or mortgages for the permanent funds under the control of said board, payable from the respective fund for which said purchase is made. Sec. 296. TERM OF OFFICE OF COMMISSIONER.] The first term of office of the commissioner provided for in this article shall be for three years from the date of his appointment and until his successor is appointed and qualified, and after the expiration of the first term, all succeeding terms shall be two years, and until his successor is appointed and qualified, subject to removal by the board. In case of vacancy by death, removal, resignation or any other cause, the board shall fill the same by appointment. Sec. 297. SALARY OF COMMISSIONER.] The commissioner shall receive an annual salary of three thousand dollars. Sec. 298. DEPUTY COMMISSIONER.] By and with the consent of the board, the commissioner may appoint a deputy, who before entering upon any of the duties devolving upon him by said appointment shall take and subscribe the oath of office required by law and shall execute to the state a bond with one or more sureties in the penal sum of five thousand dollars, conditioned for the faithful discharge of his duties. ARTICLE 40.— LAND COMMISSIONER Sec. 299. DUTIES.] The commissioner, under such directions as may be given by the board of university and school lands, shall have general charge and supervision of all lands belonging to the state, of all lands in which the state has an interest or which are held in trust by the state. He shall have the custody of all maps, books and papers relating to any of the public lands mentioned in this article. He shall procure the proper books, maps and plats in which to keep a complete record of all lands owned or held in trust by the state for schools, public buildings, and for all other purposes, and shall keep true record 168 GENERAL SCHOOL LAWS of all sales, leases, permits, patents, deeds and other conveyances of such lands made by the state, amount of money paid, date of sale and payment, description of land sold or leased, number of acres thereof, name of purchaser and designation of the fund that should be credited therewith. He shall direct all appraisements, sales, leases ; shall execute all contracts of sale, leases, permits or other evidences of disposal of the lands subject to approval by the board. Upon all contracts, leases or permits issued by the commissioner he shall certify the book and page where the same is recorded. He shall have an official seal with a proper device thereon; and the seal of the commissioner affixed to any contract of purchase, receipt or other instruments issued by him, duly countersigned by him as approved by the board, according to the provisions of this article, is prima facie evidence of the due execution of such contract or other paper. He shall biennially report to the legis- lative assembly through the board his work during the preceding term, showing the quantity of lands sold or leased and the amount received therefor, the amount of interest moneys received to the credit of the several funds, expense of administration of his department, and all such other matters relating to his office as shall be necessary. It shall also be the duty of the land commissioner to receive and present to the board of university and school lands all offers for sale of bonds. He shall also prepare all bonds in connection with the investment of the permanent school fund. He shall keep such books as may be necessary to register and describe all bonds and mortgages purchased or taken by the board of university and school lands for the benefit of any of the permanent funds under its control. Such books shall be ruled so as to permit the registry of the name and residence of the person offering to sell any such bonds or mortgages, the district for which such offer is made, a description of the property covered by the mort- gage, and a full and detailed description of every bond, whether United States, state or school district, and the date, number, series, amount and rate of interest to each bond and when the interest and principal respectively, are payable; and such record shall be made of every such bond and mortgage before the board shall act upon the question of pur- chasing the same. He shall also keep in suitable books a record showing a detailed quarterly statement of the condition of all the permanent funds under control of said board, the amount of each fund, how invested, when due, interest paid and any other act in any manner connected with the management of said funds, and shall biennially report all such investments to the governor to be laid before the legis- lative assembly. All such records and record books shall at all times be open for inspection by the public. ARTICLE 41.— APPRAISEMENT AND SALE OF SCHOOL LANDS Sec. 300. COUNTY BOARD OF APPRAISAL, DUTIES OF.] The county superintendent of schools, the chairman of the board of county commissioners and the county auditor of each county shall constitute STATE OF NORTH DAKOTA 16/ the "County Board of Appraisers" of the public lands of the state in and for their county. The county board of appraisal in each county shall upon the request of the board of university and school lands, designate on or before such date as it may specify, the public lands of the state in their county, that in its judgment can be sold for ten dollars an acre or upwards on the terms prescribed in this article, designating the tracts separately and giving an approximate estimate of their selling value. Thereupon the commissioner shall, if so ordered by the board of university and school lands, prepare a list and order an appraisal of such lands as shall be designated in such list, and it is made the duty of such board of appraisers within ten days after the receipt of such list to examine such lands and appraise them at their cash value, as nearly as can be determined, describing each tract or subdivision in parcels not greater than one hundred and sixty acres, more or less, according to the government survey, and in smaller subdivisions thereof if so listed by the commissioners, and set opposite each described tract or parcel of land the appraised value per acre thereof; and when such appraisal is completed, which shall not be later than thirty days after the receipt of the order directing it, the county board of appraisers, or the members of the same who made such appraisement, shall certify to its correctness, and make duplicate copies thereof, one of which shall be forwarded immediately to the board of university and school lands, and the other filed in the office of the county auditor for refer- ence. And in addition to the appraisal of such lands the county board of appraisal shall furnish such other information regarding the lands as may be required by the commissioner in the manner and form pre- scribed by him. The report of such appraisal shall be verified by each of such appraisers, and shall disclose any interest, real or contingent, that any of such appraisers has in any of the lands or improvements so appraised. Any appraiser who wilfully makes any false statement in such report, relative to such interest in any of the lands so appraised or improvements thereon, shall be deemed guilty of a misdemeanor. For all services performed under the requirements of this article the appraisers shall be paid at the rate of three dollars per day and actual traveling expenses, upon vouchers approved by the commissioner of uni- versity and school lands to be paid by the state treasurer upon warrants issued by the state auditor. Provided, that all lands designated for sale and not sold within two years after appraisal shall be reappraised before they are sold. Sec. 301. SELECTING AND CERTIFYING LANDS FOR SALE.] The commissioner shall from the list of lands so appraised and reported by the county board of appraisers select all such tracts as have been appraised at ten dollars per acre and upwards and upon approval of such selections by the board of university and school lands shall make and certify to the county auditors the list of lands in their respective counties that are offered for sale, and when transmitting such list shall designate the day and hour for the sale thereof; provided, that such 168 GENERAL SCHOOL LAWS sales shall take place only between the hours of ten o'clock A. M. and five o'clock P. M. and to be continued from day to day until all the lands advertised for sale shall have been sold or offered for sale except that adjournments may be made for any intervening Sunday or legal holiday. Sec. 302. NOTICE OF SALE TO BE PUBLISHED.] The board of university and school lands shall cause to be published for a period of sixty days prior to the day of sale, in a newspaper of general circulation in the vicinity of the lands to be sold, and also in a newspaper published at the county seat of the county in which the lands are situated, and also in a newspaper published at the seat of government, a notice of such sale, with the list of lands that are to be offered for sale, properly described, together with the appraised value thereof, and the terms and conditions of sale. Sec. 303. MANNER OF SALE.] On the day and hour appointed for such sale, the commissioner, or in case he cannot attend, the deputy land commissioner, or other person designated and authorized by the board of university and school lands, shall proceed to sell or offer for sale at public auction to the highest bidder, at the court house or at the place where the terms of the district court are held, at the county seat of the county in which the lands are situated, the lands so adver- tised, offering them for sale on selling in the order in which they occur in the advertisement for sale. Such lands as have not been specially subdivided shall be offered in tracts of one-quarter section, and those subdivided in the smallest sub-divisions thereof. No tract of land shall be sold for less than its appraised value, and in no case for less than ten dollars an acre. Sec. 304. TERMS OF SALE.] Each tract of land shall be sold upon the following terms: The purchaser shall pay one-fifth of the price in cash at the time of sale, and the remaining four-fifths as follows: One-fifth in five years, one-fifth on or before the expiration of ten years, one-fifth on or before the expiration of fifteen years and one-fifth on or before the expiration of twenty years, with interest at the rate of not less than six per cent per annum, payable annually in advance. The highest bidder for any offered tract shall be declared the purchaser thereof, and shall immediately pay over to the county treasurer the amount of one-fifth of the purchase price as specified in the terms of sale. In case the purchaser fails to pay the amount so required to be paid at the time of such sale, such commissioner or whoever may be conducting the sale, shall immediately reoffer such lands for sale, but no bids shall be received from the person so failing to pay as aforesaid; and the person refusing or neglecting to make such pay- ment shall forfeit the sum of one hundred dollars for each tract pur- chased by him. Sec. 305. ADJOURNMENT OF SALE.] No adjournment of the sale can be made after its opening, except as provided in section 301 of this article, but, when the interest of the state will be subserved thereby, STATE OF NORTH DAKOTA 169 the board of university and school lands may, at any time not less than two weeks preceding the date fixed for opening such sale, make an order postponing the same to such date as may be fixed in such order, w^hich shall not be more than sixty days, giving due notice of the same to the county auditor, who shall publish such notice of adjourn- ment and the day fixed for the same, for two successive weeks in the same papers in which the notice of sale is published; but the adjourn- ment of any sale shall not require continued publication of the list of lands beyond the time specified in this article for such publication. Sec. 306. WITHDRAWAL OF LANDS FROM SALE.] The board of university and school lands may, in its discretion, on or before the day of sale, withdraw any or all lands that may have been advertised for sale or included in any list to be offered in any county, and upon such withdrawal shall notify the auditor of such county, specifying the lands included in such notice of withdrawal, who shall thereupon strike such lands from the lists in his office, and public notice of with- drawal shall be given at the day of sale before any such lands are offered. Sec. 307. COUNTY AUDITOR TO ACT AS CLERK AT SALE. AP- PROVAL OF SALE.] The county auditor shall act as clerk of all land sales and leases made in his county, and it shall be his duty within five days after such sale or lease shall have been concluded to certify to the board of university and school lands a list of lands sold or leased as provided in this article, with the price thereof, and the name of the purchaser or lessee of such tract, the amount for which the lands are sold or leased, the amount of money paid by such purchaser, and the amount of principal remaining unpaid, and the board of uni- versity and school lands shall approve and confirm the sale or lease of every such tract, as upon examination of such certified lists and such further information and investigation as shall be deemed necessary, shall be found to have been sold or leased in accordance with the law and without fraud or collusion. For the services imposed by this article the county auditor shall be allowed the sum of three dollars per day for each and every day so engaged, to be paid out of any appropriation for the expenses of appraisal and sale of public lands. Sec. 308. NOTICE TO PURCHASER. EXECUTION OF CONTRACT.] Immediately upon approval of the sales by the board of university and school lands, the secretary of such board shall prepare and certify a list of said approved sales to the commissioner, who shall without delay execute duplicate contracts in the form prescribed by the board, and forward the same to the county auditor of the county where the land was sold, whereupon it is made the duty of the county auditor to notify each purchaser in writing of the approval of the sale to him, and to appear within ten days after the date of such notice and pay the county treasurer the amount of interest on the deferred payments as specified in the contract and execute the contracts of sale, and a failure so to appear and execute such contract shall act as a forfeiture of the pay- 170 GENERAL SCHOOL LAWS ment made by the purchaser at the sale. When the contracts are properly executed by the purchaser and the amount of money due thereon shall have been paid to the county treasurer, the copy marked duplicate shall be delivered to him and the original returned to the land commissioner, and each contract so returned fully executed shall have on its face in the place noted for such purpose the notation of the date of delivery to the purchaser, and all contracts not executed by the purchaser shall be returned to the land commissioner with a written statement thereon of the reason for such return. Sec. 309. SALES, WHEN VOID.] Any sale made by mistake, or not in accordance with law, or obtained by fraud, shall be void, and the contract of purchase issued thereon shall bo of no effect; but the holder of such contract shall be required to surrender the same to the board of university and school lands, who shall, except in case of fraud on the part of the purchaser, cause the money to be refunded to the holder thereof. Sec. 310. SURVEYS TO BE MADE WHEN NECESSARY.] Whenever it appears to the board of university and school lands necessary in order to ascertain the true boundaries of any tracts or portions of lands, or to enable the commissioner to describe or dispose of the same in suitable and convenient lots, it may order all such necessary surveys to be made and the expenses shall be paid out of the state treasury aa other Incidental expenses of the board of university and school lands are* paid. Sec. 311. SUBDIVIDING LAND INTO SMALL TRACTS OR LOTS, WHEN TO BE MADE.] Whenever in the opinion of the board of university and school lands the interests of the state will be promoted by laying off any portion of the land under its control into small parcels or city, town or village lots, the board may order such commissioner to cause the same to be done and have the same appraised in the same manner as hereinbefore prescribed. Sec. 312. SALE OF LOTS. NEW APPRAISAL.] All parcels or lots so appraised shall be subject to sale in the same manner and upon the same terms and conditions and the contract of purchase shall have the same effect, as in the case of other lands for which pro:isions Is made in this article, and at the prices at which the same are severally appraised, until a new appraisal is made, Avhich the board of university and school lands may in its discretion order at any time, in the manner aforesaid, and with the like etYect; but no lot or parcels so appraised shall be sold for less than the minimum price of said land, established In this article. Sec. 313. MAP TO BE ENTERED OF RECORD.] Whenever the com- missioner shall lay off any tract of land into small parcels or lots, as provided in this article, he shall cause a correct map of the same to be entered of record in the county where said lands are situated. Sec. 314. CONTRACTS OF PURCHASE. RIGHTS UNDER.] Con- tracts of purchase, issued pursuant to the provisions of law, entitle STATE OF NORTH DAKOTA 171 the purchaser, his heirs or assigns, to the possession of the lands therein described, to maintain actions for injuries done to the same, or any action or proceeding to recover possession thereof, unless such contract has become void by forfeiture; and all contracts of purchase in force may be recorded in the same manner that deeds of conveyance are authorized to be recorded. Sec. 315. ASSIGNEE OP PURCHASERS.] Each assignee of a bona fide purchaser of any of the lands mentioned in this article is subject to and governed by the provisions of law applicable to the purchaser of whom he is assignee; and he shall have the same rights in all respects as an original purchaser of the same class of lands. The Interest of a purchaser of any of the lands mentioned in this article that shall have been heretofore or may hereafter be levied upon or attached in any action — brought to recover a debt due from said pur- chaser of said lands and the interest of said purchaser which has here- tofore been or may hereafter be sold under execution and a certificate of sale may have been or shall hereafter be issued by the sheriff of the county to the party buying at said sale the interest of said pur- chaser of said lands and after the expiration of one year from the date of sale, the buyer of the interest of said purchaser of said lands may present to the land commissioner of this state a certificate of the sheriff of the county in which the land is situated, showing said sale and the name and address of the person buying thereat and also showing that one year has elapsed between the date of sale of said land and the date of making of said certificate, also showing that no redemption has been made by the purchaser of said land, his assignee or successor in interest or anyone in behalf of either and showing that no claim of homestead has been made to said land by anyone. On the filing of said certificate in the office of the land commissioner of the state of North Dakota the said, land commissioner shall subrogate the person who bought the interest of the purchaser of said lands at said sale, to the contract of purchaser and to all rights of said purchaser of said lands in and to said lands and said person so sub- rogated shall carry out and perform said contract of purchase with said state in all particulars, and at the expiration of said contract and on the full performance thereof, the person so subrogated shall receive from the state of North Dakota a deed to said land. Sec. 316. CONTRACTS MAY BE SURRENDERED AND TWO OR MORE ISSUED, WHEN.] Whenever the holder of any contract of purchase of any state or school land shall surrender the same to the commissioner with a written request to have the same divided into two or more contracts, it shall be lawful for the commissioner to issue the same; provided, that no new contracts shall issue while there is due and unpaid any interest, principal or taxes on such contract or the land described therein, nor in any case where the commissioner shall be of the opinion after an examination of the land, if necessary, that the security would be Impaired or endangered by the proposed division, 172 GENERAL SCHOOL LAWS nor until such application for division shall have been approved by the board of university and school lands; provided, that when any such application proposes the division of the land into irregular tracts or other than the regular government subdivisions, the applicant shall file with the commissioner a plat of the land to be subdivided, showing the boundaries and area in acres of each subdivision, and for any con- tract division made under this section the commissioner shall charge and collect a fee of five dollars for each new contract issued, which fee shall be paid into the state treasury and become a part of the expense fund of the board of university and school lands. Sec. 317. CONTRACT MAY BE SURRENDERED. RAILROAD RIGHT- OF-WAY. NEW CONTRACT.] Whenever any holder of any contract for purchase of any state or school land shall surrender the same to the board of university and school lands, and shall present satisfactory evidence that a railroad has been located and established across the land covered by such contract subsequent to the issuance thereof, and shall file a plat of such land showing the exact location, width and area in acres of the land required for right-of-way for such railroad across said land, and shall pay to the state treasurer the balance of the purchase price under said contract and all interest and taxes thereon to date for the acreage taken for such railroad right-of-way, and shall make application in writing that such contract be cancelled and that new contract be issued to such applicant for the land less the acreage taken for such railroad right-of-way, it shall be lawful for the board to cause such new contract to be issued and to issue a deed to the railroad company for the land so deducted from the tract embraced in the original contract, and required for such right-of-way ; provided, that the commissioner of university and school lands shall charge and collect a fee of five dollars for each new contract and each deed so issued, which fee shall be paid to the state treasurer and become a part of the expense fund of the board of university and school lands. Sec. 318. CONTRACT VOIDABLE ON FAILURE TO PAY PRINCIPAL OR INTEREST.] In case the annual interest due on the first day of January in any year shall not be paid within thirty days thereafter by the purchaser or by any person claiming under him, the contract shall, from the time of such failure, be voidable. In case any installment on the purchase price shall not be paid within thirty days after the same becomes due by the provisions of contract of sale, the contract, from the time of such failure, shall be voidable. And in all cases where any contract becomes voidable by reason of failure to make the payments required by the contract and the terms of this section, the board of university and school lands may in their discretion declare such contracts of sale void; and in case of such declaration, shall notify the holder thereof, of such declaration, by written notice mailed to his postoffice address and send a duplicate copy thereof to the auditor of the county in^ which such land is situated, and order tliel commissioner to take possession of the land described in such contract. STATE OF NORTH DAKOTA 173 Sec. 319. REDEMPTION BEFORE RE-SALE.] In all cases where the rights of a purchaser, his heirs or assigns, become forfeited under the provisions of this article, by failing to pay the amounts required, suchl purchaser, his heirs or assigns, may, before the re-sale at public auction of the lands described in such contract, pay to the state treasury the amount of interest due and payable on such contract, and all costs which have been incurred in addition thereto, together with interest at the rate of twelve per cent per annum on the interest and costs so due fi'om the date of delinquency to the date of payment, and such payment shall operate as a redemption of the rights of such purchaser, his heirs or assigns, .and such contract from the time of such payment shall be in full force and effect, as if no forfeiture had occurred; provided, that after the rights of a purchaser, his heirs or assigns, shall have become forfeited under the provisions of this article, the board of uni- versity and school lands shall have the power, and it is hereby made their duty, to provide for the re-sale of said land so forfeited if in their opinion a re-sale of said land shall be most advantageous to the state, otherwise the said board shall provide for the leasing of said land from year to year as herein provided, and after a lease of said land shall be made by said board, the lessee, his heirs and assigns, shall be entitled to the full and absolute possession of all said lands and premises so leased. Sec. 320. FfeE IN STATE UNTIL CONTRACT FULFILLED.] The fee o"f each parcel of such lands shall be and remain in the state until the patents hereinafter provided for are issued for the same respect- ively, and no patent shall issue until full payment of all sums and full compliance with all the conditions of the contract of purchase, and in case of non-compliance by the purchaser, his heirs or assigns, with the terms of the contract as^ aforesaid, or with the provisions of law ap- plicable thereto, and any and all persons being or continuing in pos- session of any such lands after a failure to comply with the terms of the contract as aforesaid, or with such provisions of law, as aforesaid, without a written permission of the commissioner, shall be deemed and held to detain such land forcibly and without right, and to be tres- passers thereon. Sec. 321. RECOVERY OF POSSESSION.] In case any person holds cr continues in possession of any of the land mentioned in this article, contrary to the conditions or covenants of any lease or written agree- ment, he shall be liable to an action of forcible detainer, or any other proper action for the recovery of possession of such lands and damages for detention of the same. Sec. 322. RECONVEYANCE TO THE UNITED STATES.] In all cases where lands have been erroneously or improperly certified or conveyed to the state of North Dakota for school or other purposes by the United States, the governor of the state is authorized to reconvey or relinquish by the execution, under his hand and seal of the state, of 174 GENERAL SCHOOL LAWS such, conveyances as will be necessary to convey or relinquish, the title which the state may have to such lands. Sec. 323. PATENTS, WHEN TO ISSUE.] No grant or patent for any lands sold under the provisions of this article shall issue until payment in full is made for the same and all terms of the contract of purchase are fully complied with. Provided that payments upon the contract of purchase may be made before due after the expiration of five years from the day of sale, and that if made before due they shall be made at an interest paying date and one year's interest in advance shall be paid on all moneys so paid. Provided, further, that any school or institution lands that may be required for townsite purposes may be paid for at any time and patents issued therefore. Provided further, that any lands sold under the provisions of law heretofore existing may be paid for, upon the terms herein prescribed for sales of land hereafter to be made. When the terms of the contract of purchase are fully complied with as herein provided, the board of university and school lands shall so certify to the governor, who shall thereupon issue to the purchaser thereof, his heirs and assigns, a patent conveying the title of the state to said land, and the governor shall likewise issue a patent to the purchaser of the rights, title and interest of the original purchaser, his heirs and assigns, acquired by any execution sale. All such patents shall be signed by the governor and attested by the secre- tary of state with the great seal of the state, and shall be countersigned by the board of university and school lands with the seal of the secretary of such board. Sec, 324. PATENTS TO BE RECORDED.] The registers of deeds of the several counties of this state are authorized to record all patents issued by the governor pursuant to the provisions of this article; and the records thereof shall have the same effect as the record of other conveyances executed according to the laws of this state. Sec. 325. TAXATION OP LANDS AFTER SALE. PURCHASER OF TAX CERTIFICATE.] The commissioner shall, as soon as possible after sale of land, transmit to the auditor of each county, in which any lands mentioned in this article have been sold, a detailed description of each parcel of the land so sold and the names of the purchasers, and the auditor shall extend the same upon his tax duplicate for the purpose of taxation. The lands so contracted to be sold by the state shall be subject to taxation from the date of such contract and the taxes assessed thereon shall be collected and enforced in like manner as against other land. Provided that in case the taxes assessed against any of said lands remain unpaid until the first Monday in October of the following year, then and thereupon the 'contract of sale for such lands shall, if the board of university and school lands so determine, become null and void. Provided further, that when a contract is not declared null and void by said board for failure to pay taxes before the time provided by law for the sale of land for delinquent taxes, any lands upon which taxes are delinquent at the time of such tax sale STATE OF NORTH DAKOTA 175 may be sold for delinquent taxes as other lands are sold, and the purchaser at such tax sale of any such lands so sold for delinquent taxes shall only acquire by virtue of such purchase, such rights and interests as belong to the holder and owner of the contract of sale issued by such commissioner under the provisions of this article, and the right to be substituted in the place of such holder and owner of such contract of sale, as the assignee thereof; and upon the production to the proper officer of the tax certificate given upon such tax sale, in case such lands have not been redeemed, such tax purchaser shall have the right to make any payment of principal or interest then in default upon such contract of sale, as the assignee thereof. But no tax deed shall be issued upon any tax certificate procured under the provisions of this section while the legal title of said lands remains in the State of North Dakota. Whenever the contract for the sale of any of said lands has been canceled, it shall be the duty of the commissioner to notify the auditor of the county in which such lands are located, of said cancellation and thereafter such lands shall not be listed for taxation, but in the event of the redemption of any such lands, the redemptioner shall pay as taxes, in addition to all other charges, an amount equal to the tax last levied thereon for each year such land was not listed for taxation, together with such interest and penalty as would have been charged, if the same had been regularly listed and taxed. Sec. 326. COLLECTIONS, HOW MADE. DUTIES OF COUNTY TREASURER.] The purchasers of any land mentioned in this article and the lessees of any such lands, or their executors, administrators or assigns, shall pay to the county treasurer of the county in which such land lies, any and all amounts that may become due from time to time upon such contracts or leases for principal, interest, penalties or rent, and for the amounts so paid the county treasurer shall give to such person a duplicate receipt specifying the amount paid, date of pay- ment, the number of the contract or lease and the description of the land for which the payment is made, name of the person making such pay- ment, nature of the payment, whether for interest, principal, penalty or rent and for what year, and a separate receipt shall be given for each contract or lease, and a separate receipt for each year's interest, and principal and interest shall not be included in the same receipt. All moneys received by each county treasurer under the provisions of this article shall at all time be held by him subject to the order and direction of the state treasurer and board of university and school lands, and on the first day of each month or within fifteen days thereafter, the county ti-easm-er of each county shall make report to the commissioner of uni- versity and school lands of all moneys so collected by him during the next preceding calendar month, which report shall be in such form and on such blanks as may be prescribed and furnished by the commissioner, and a separate report shall be made for principal, interest and rent, and such report shall embrace a list of all receipts for the month, briefly described, amovmt of each receipt, and the total amount collected for the 176 GENERAL SCHOOL LAWS month from each source. Such reports shall be duly certified by the county treasurer as correct and shall be by him transmitted forwith to the commissioner of university and school lands, together with a tripli- cate of each receipt shown on each report. The county treasurer shall also and at the same time that he makes his report to the land commis- sioner, make a similar report to the state auditor, of the total amount collected from each of said sources for the month, which shall corres- pond with the amount reported to the land commissioner as herein pro- vided, from principal, interest, rent and other sources. As soon as pos- sible after he has received the reports from the several county treasurers, as provided in this section, it shall be the duty of the commissioner of university and school lands to check up and verify said reports from the records of his office and to apportion the several amounts to the funds to which the same are applicable, which apportionment he shall certify to the state auditor, who shall proceed to make drafts on the respective county treasurers in the same manner as drafts are made for state taxes, and to the credit of the proper funds as certified to him by the land commissioner. Sec. 327. BOND OF COUNTY TREASURER. CONDITIONS OF.] The bond of each county treasurer shall be conditioned for the honest and faithful discharge of all trusts and responsibility imposed by this article, and for the faithful payment of and accounting for all moneys received by him under the provisions of this article to the state treasurer or any other person entitled to receive the same, and the board of university and school lands shall on or before the first day of January, following any election for county officers, certify to the chairman of the board of county commissioners of each county the amount of money liable to come into the hands of the treasurer of the county under the pro- visions of this article, and the board of county commissioners shall add to the amount of the sum required on his regular official bond to the county double the sum so certified by the board of university and school lands, and the record of the proceedings of such board of county commissioners when fixing the amount of such bond shall specify in two separate items the aggregate amount of the bond so made up, designating one sum as the amount to indemnify the county, and the other to indemnify the state for any losses incurred by reason of failure to comply with the provisions of all laws regulating his duty. Sec. 328. Repealed 1915. Sec. 329. DUTY OP COUNTY AUDITOR.] The county auditor shall, at the time he is required by law to return abstracts of settlement to the state auditor, also forward to the land commissioner all duplicate or triplicate receipts of principal, interest, penalty or rental on state lands, with a certified statement of such collection by the county treas- urer, specifying the amount of each item; and he shall also make such return at any other time as may be required by the board of university and school lands. Sec. 330. LIST OP LANDS SOLD TO BE FURNISHED COUNTY STATE OF NORTH DAKOTA 177 TREASURER.] On or before the first day of December in each year the commissioner shall cause to be made out and transmitted to county treasurers a statement showing the lands sold in their respective coun- ties, the number of the contracts, the name of the person to whom each contract was issued, and the amount of both principal and interest due on each on the first day of January, together with such directions, instructions and blanks as shall enable the county treasurers to carry out the provisions of this article. Sec. 331. TOWNSHIP ASSESSORS TO EXAMINE STATE LANDS.] It shall be the duty of all township and district assessors, whenever required by the commissioner to examine and report on any lands des- ignated to them by him, in the manner and form prescribed by him, and for such examination they shall be . paid at the rate of three dollars per day for time actually engaged, upon vouchers approved by the commissioner. Sec. 332. TRANSFER OF RECORDS TO COMMISSIONER.] All ab- stracts and conveyances of title to the state of North Dakota whether the said lands are held for penal, educational, charitable, school or other purposes, shall be, by those in whose charge such conveyances now are or may come, deposited with and remain in the control of the commissioner of university and school lands. Sec. 333. PERMANENT AND GENERAL FUNDS.] The principal ac- cruing from all sales of school, university or other state lands under the control of the board of university and school lands, as provided for in this article, shall become a part of the several permanent funds to which they respectively belong and shall not be reduced by, any means whatever. All moneys received as interest, for rents, penalties, permits or from any source other than from the principal of sales shall become a part of the general or current funds to which they respectively belong and shall be distributed as directed by law. Sec. 334. QUANTITY OF LANDS TO BE SOLD.] No more than one-fourth of the common school lands of the state shall be sold within the first five years after they become salable under the provisions of section 155 of the constitution, nor more than one-half of the remainder within ten years after the same become salable as aforesaid. The residue may be sold at any time after the expiration of such ten years; provided, however, that the coal lands of the state shall not be sold, but may be leased under the provisions of any law governing such leases. The words "coal lands" include lands bearing lignite coal. Sec. 335. EXPENSES OF SALE, HOW PAID.] The expenses of publishing notices of the sale of the university, school and all other public lands of the state shall be paid by the state treasurer upon the warrant of the state auditor out of the general or current funds of the different institutions as designated in section 333, and such expenses shall be apportioned according to the receipts credited each fund from proceeds of each and every sale. All bills for such pub- lishing shall be verified by the publisher and approved by the board 178 GENERAL SCHOOL LAWS of university and school lands. There is hereby annually appropriated out of any funds in the treasury not otherwise appropriated, the sum of four thousand dollars, or so much thereof as may be found neces- sary, for the purpose of paying the expense of appraising, advertising and selling common school, institution or other lands, under the control of the board of university and school lands. SALE OF INSTITUTION LANDS. (Chap. 242, p. 361, 1915.) Sec. 1. SCHOOL LANDS MAY BE ACQUIRED FOR PUBLIC PUR- POSES.] That any person, firm, public or private corporation, desir- ing to acquire any school or institutional lands belonging to the state, for townsite purposes, school house sites, church sites, cemetery sites, sites for other educational or charitable institutions, public parks, fair grounds, public highways, railroad right-of-way or other railway uses and purposes, reservoirs for the storage of water for irrigation, drain ditches or irrigation ditches, or for any of the purposes over which thai right of eminent domain may be exercised under the Constitution and laws of the State of North Dakota, may make written application to the Board of University and School Lands therefor, and such appli- cation shall state briefly the purposes for which such land is required and shall describe the same as accurately as possible; such applicatipn shall be accompanied by a map showing the land desired to be taken and such petition shall be verified by the applicant or by some officer thereof, in case the applicant be a public or private corporation. . Sec. 2. If the land sought to be taken has been appraised within the period of two years prior to the filing of such application, the Board of University and School Lands shall cause notice to be given as hereinafter provided and thereupon proceed to consider and pass upon such application, and if, in their opinion, the land is required for the purposes stated in the application, the board shall thereupon fix a price at which thei conveyance of the entire tract of said land shall be voluntarily made, which price shall not be less than the ap- praised value. In case such land has not been appraised within two years, the Board of University and School Lands shall take steps to have the same appraised in accordance with the provisions of law, when the proceeding for conveyance shall be the same as hereinbefore provided, and upon such agreement and the payment of the full purchase price, the board shall cause to be executed to the applicant, a deed of conveyance of such tract of land. Sec. 3. Where the land sought to be acquired is less than the entire tract, the board shall cause the same to be appraised and thereupon fix a price at which said partial tract will be conveyed, taking into consideration the value of the land taken together with all detriment caused to the remaining portions of the tract. Sec. 4. HEARING TO BE HAD AND NOTICE TO BE PUBLISHED.] STATE OF NORTH DAKOTA 179 The Board of University and School Lands shall cause public notice to be given of the time and place when it will hear' said application, therein describing the land and stating the purpose for which same is sought to be purchased, said notice shall be published in a newspaper of general circulation near to the land applied for, three times, once each week for three consecutive weeks, before the day set for hearing the application, and any citizen interested may appear and show cause why said land should not be sold or why the price fixed is not sufficient. Sec. 5. If in any case the applicant is unwilling to pay the price fixed by the board for a conveyance, he may proceed to the district court to condemn the land required in an action against the state under the same rules as govern other condemnation suits; provided, how- ever, that the amount awarded by the court or jury as damages for the taking of an entire tract shall not be less than the appraised value thereof; and provided, further, that the board and the court or jury fixing the amount to be paid for either an entire tract or a part thereof shall take into consideration not only the appraised value of the land and its actual value for all ordinary purposes but any Increased value it may have for any special and unusual purpose by reason of the existence of the fact that make the exercise of the power of eminent domain proper and necessary. For example, if such land is desired for a gravel pit, its value may be estimated with reference to the existence of the demand for gravel taking into consideration the necessities of the party seeking to acquire the land, or if for town- site purposes taking into consideration its value to the state, if used for that purpose by the state, taking into consideration further, the necessity for a townsite at that point warranting the exercise of the power of eminent domain for that purpose. AUTHORITY TO DEED LANDS. (Chap. 243, p. 363, 1915.) Sec. 1. That the Board of University and School Lands of the State of North Dakota are hereby authorized to deed to the United States Government Section 16, Township 138, North, of Range 81 West of the Fifth Principal Meridian; provided, that the United States Government shall authorize and empower the Board of University and School Lands of the State of North Dakota to select from vacant public lands within the State of North Dakota lieu lands in exchange for said section; and provided, further, that as the vacant public lands remaining in North Dakota are rough lands and of much less value than the lands pro- posed to be deeded to the United States Government that therefore the United States Government shall in exchange for the section of land as proposed give to the State of North Dakota not less than two sections of land. Sec. 1. LAND DESCRIBED.] That Sections 16 and 36, Township 147, 180 GENERAL SCHOOL LAWS Range 96 and Sections 16 and 36, Township 148, Range 96, and Sections 16 and 36, Township 147, Range 97 and Sections 16 and 36, Township 148, Range 97, all west of the fifth principal meridian in Dunn County, all in the Killdeer Mountain district, be withdrawn from sale except for park purposes, until otherwise provided by law. Chap. 205, p. 291, 1917. SCHOOL LAND CONTRACTS. (Chap. 208, Session Laws of 1909.) Sec. 8165. HOLDER OF CONTRACT FOR PURCHASE OF LAND FROM STATE MAY SUE.] Any person who shall hold any contract from the state through the board of university and school lands, or otherwise, for the purchase of any real property within the state, may maintain any action for injuries done the same; also an action to recover possession thereof in the same manner as though he possessed the fee simple title to such lands; provided, however, that in any action or proceeding by or against a railway company with reference to right- of-way or otherwise, the court shall, in any judgment which it may enter, protect the interest of the state in and to such real property, to the extent that the value of such lands taken at the price agreed to be paid per acre to the state therefor, shall be directed to be paid to the proper official of the state; and upon such payment any claim of the state or any of its boards to such part of said property as shall be taken by the railway company shall be at an end. DIGESTS OF SUPREME COURT DECISIONS. E. H. FULLER v. THE BOARD OF UNIVERSITY AND SCHOOL LANDS OP THE STATE OF NORTH DAKOTA, AND ALEX. McDONALD, AS COMMISSIONER OF UNIVERSITY AND SCHOOL LANDS OF THE STATE OF NORTH DAKOTA. 1. SCHOOL LANDS. SALE. POWER OF BOARD OF UNIVERSITY AND SCHOOL LANDS.] Section 156 of the state constitution, providing for the Board of University and School Lands, construed with statutory enactment carrying the same into effect, gives said board general and full powers in the sale of school lands, except as otherwise limited by constitutional and statutory enactment. 2. SCHOOL LANDS. SALE. POWER OP BOARD OF UNIVERSITY AND SCHOOL LANDS.] Such grant of power carries with it the duty by the board of using judgment and discretion in such matters, com- mensurate with the importance of its duties as the trustee of the school fund of the state. 3. PUBLIC LANDS. DISAPPROVAL OF SALE BY BOARD. RIGHT OF REVIEW.] Under section 174 of the Revised Codes of 1905, pro- viding for the approval and consummation of school sales by the board, the disapproval by the board of a sale of school lands, and refusal to cause contract of sale to be executed, of land struck off at a school sale to a bidder, cannot be reviewed or controlled by the courts, the board's conclusion being final. STATE OF NORTH DAKOTA 181 4. MANDAMUS. REVIEW OF DISCRETIONARY ACTS OP BOARD.] Held, further, that such decision of the board is a quasi-judicial de- termination, as distinguished from ministerial acts, and mandamus will not lie to review the same, or the evidence or information upon which such decision was based. 5. CERTIORARI. GROUNDS. JURISDICTION.] Under the facts disclosed by the record in this case, certiorari will not lie to review such action of the board. 21 N. D. 212. (Opinion filed January 30, 1911.) HERMAN E. SOX, RESPONDENT, v. V. W. MIRACLE ET AL. An executory land contract for the purchase of school lands from the state of North Dakota, although technically speaking not real prop- erty, must, under the provisions of sections 300 to 335, Compiled Laws, 1913, be levied upon and sold by a creditor of the vendee as such. 35 N. D. 458. (Opinion filed December 2, 1916.) Rehearing denied De- cember 28, 1916. SCHOOL DISTRICT No. 109, OF WALSH COUNTY, NORTH DAKOTA, V. PETER HEFTA. On approval of a contract for the sale of school land, the purchaser obtains a title subject to transfer by deed and by execution sale and subject to taxation and to adverse possession. 35 N. D. 637. (Opinion filed January 15, 1917.) Petition for rehearing denied January 22, 1917. TRUMBO V. VERNON. 2. PUBLIC LANDS. ASSIGNMENT OF CERTIFICATE OF SALE.] A person obtains no better title to land by virtue of the assignment only of a certificate of sale from the board of university and school lands than the assignor had. 22 N.D. 191. (Opinion filed October 31, 1911.) ERICKSON ET AL. v. CASS COUNTY ET AL. SCHOOL LANDS HELD IN TRUST.] Lands granted by the United States to the state for school purposes are held in trust, and are not subject to taxation or assessment for benefits arising from the construc- tion of drains. 11 N. D. 95. ARTICLE 42.— LEASE OF SCHOOL LANDS Sec. 336. LANDS SUBJECT TO LEASE.] All the common school lands and all other public lands of the state that are not of such value as will admit of appraisal at ten dollars or more per acre, at the time of any regular appraisal, may be leased; provided, that no leases can be granted for a period longer than five years, and only for pasturage and meadow purposes, and at public auction after notice as hereinafter provided; provided, further, that all of such school and public lands now under cultivation may be leased at the discretion and under the control of the board of university and school lands for other than pasturage and meadow purposes until sold; provided, further, that in case of a sale of the land so leased during the term of the lease, 182 GENERAL SCHOOL LAWS the lessee shall be given ninety days' notice, and provided, further, that at the expiration of said lease or within ninety days of the date of receiving the aforesaid notice, the said lessee may remove from said lands so leased, all fences, sheds, water tanks, wind mills, etc., used: upon said lands by said lessee. All rents shall be paid annually in advance. Sec. 337. MAY LEASE CULTIVATED LANDS.] The commissioner of university and school lands is hereby authorized and empowered to lease cultivated school and institution lands in the several counties of the state for the period of two years for the purpose of summer-fallow- ing the first year and cropping the next, when in his opinion it la necessary so to do in order to clear the same of noxious weeds, said lessee to pay only one year's rent for the same. When any lands are leased as above provided the party so leasing the same, before lease is approved by the board of university and school lands, shall pay to the county treasurer of the county in which the land is situated the total amount of rent therefor. Should the lessee so renting the land as above provided, fail or neglect to summer-fallow the same at the proper time, the board of university and school lands in their discretion may declare the lease canceled and the amount paid thereon will thereby become forfeited. Sec. 338. APPRAISAL FOR LEASE BY COUNTY BOARD.] It shall be the duty of the county board of appraisers, each and every year, if so ordered, to appraise in the same manner as all other lands that are listed for taxation are appraised, all the common school and other public lands of the state in their respective districts that may be in- cluded in the order, making a return of all such appraisals to the board of university and school lands in the form prescribed on blanks fur- nished by the board; such returns to be made on or before the first day of July of the same year; and for any services performed as re- quired by this article they shall be paid at the rate of three dollars per day, to be paid by the state treasurer out of the funds appropriated for the current expenses of such board. It shall be the duty of the board of university and school lands to equalize the appraisements so returned as to counties by adding thereto or taking therefrom such a uniform percentage as may in its judgment seem proper and fair in order to arrive at a just and equitable equalization between the several counties, and upon such valuation so fixed the board of university and school lands are authorized to fix a per cent per acre as the minimum price at which the land can be leased; provided, that the lowest price of lands leased for pasturage cannot be below one-half of one per cent of the average value in the county, and for any cultivated lands in the county the lowest price cannot be below two and one-half per cent of the appraised value of each cultivated tract. And when advertising the same for lease they shall set opposite each description the value thereof as equalized by them, which valuation shall form the basis for leasing the same. STATE OF NORTH DAKOTA 183 Sec. 339. SELECTION OF LANDS FOR LEASE.] The board of uni- versity and school lands shall have the power, and it is hereby made its duty to select from the lands so appraised such tracts as in the judgment of the board can be leased with profit to the school and other permanent land funds of the state, or as the legislature may by law order to be leased, and shall at such time as in its judgment is for the best interests of the state, proceed to advertise for lease and offer for lease, in each succeeding year, such lands as have thus been selected. Sec. 340. ADVERTISEMENT FOR LEASING.] All such lands to be leased or offered for lease lying within the respective counties shall by the board of university and school lands be advertised for lease by publication once a week for not less than sixty days in some newspaper or newspapers of general circulation in the vicinity of such lands. Such advertisement shall contain the designation or proper description of each tract or parcel of land so to be leased, the appraised value of each tract and the per cent on such valuation fixed by the board as the minimum price at which such land can be leased, and the terms of the lease. A copy of such advertisement shall also be posted in a con- spicuous place at the court house of the county, and a notice of the time and place where the said lands are to be leased shall also be published for not less than sixty days in one newspaper at the seat of government by such board of university and school lands; provided, that if in the opinion of the board there will not be sufficient of such lands situate. in any county leased, to warrant the expense of adver- tisement in a newspaper, by description of each tract or parcel, the notice may be given by general advertisement. Sec. 341. MANNER OF LEASING. BY WHOM MADE. HOW CON- DUCTED.] It shall be ,the duty of the commissioner of university and school lands, or such other person as may be appointed by the board of university and school lands, to conduct the leasing of such lands in accordance with the provisions of this article and such direc- tions as shall be prescribed therefor by the board; provided, that the leasing shall be at public auction to the highest bidder at the court house or place where terms of the district court are held, commencing on the day specified in the advertisement for such lease and between the hours of ten o'clock a. m. and five o'clock p. m. to continue from day to day until all tracts or parcels of land advertised for lease shall have been leased or offered for lease; but the time for leasing the same shall not exceed ten days in any county, except that an adjourn- ment may be made over the Sabbath or any legal holiday. In counties where a large number of tracts of land are to be leased the land situated in certain townships may be designated in the advertisement to be leased on certain specified days and in such case such lands shall be leased or offered for lease on such specified days, or for want of time for the leasing or offering for lease of all such designated lands the leasing of those unoffered may be adjourned until the fol- lowing day or days, when they must be the first lands offered for lease. 184 GENERAL SCHOOL LAWS Such lands as shall not have been specially subdivided shall be leased or offered for lease in tracts of one-quarter section each, and those so subdivided in the smallest subdivision thereof. Notice must be given when the land is offered that all bids are subject to approval by the board. At the time of offering the lands for lease the county auditor of the county shall act as clerk, and it shall be his duty to make report thereof, stating the terms of such leasing, as is prescribed in section 307 for making reports of sales. Sec. 342. BIDDERS TO PAY FIRST YEAR'S RENT AT TIME OF LEASING. PROVISIONS FOR FAILURE TO PAY.] The highest bidder for any parcel of land shall at once deposit the amount of his bid with the county treasurer, who shall act as treasurer of said leasing, failing to do which the bid of the next highest bidder shall be accepted under like conditions; provided, his bid shall not be less than the minimum price as fixed under and in pursuance of section 338. Sec. 343. ADJOURNMENT OF LEASE.] Whenever the board of uni- versity and school lands finds that the interests of the state will be subserved by the adjournment of the time for offering lands for lease, the authority conferred by section 305 for adjournment of sales is made applicable to the leasing of lands. Sec. 344. APPROVAL OF LEASE AND EXECUTION OF CONTRACT FOR LEASE.] Immediately upon receipt of the report of the county auditor as required by this article, the board of university and school lands shall approve and confirm the lease of all such tracts as' in Its judgment should be made, and shall at once certify a list of the ap- proved leases to the commissioner who shall without delay execute duplicate contracts of lease in the form prescribed by the board, and forward to the lessee a copy marked "duplicate," the "original" being idled in the office of the commissioner, who shall also forthwith certify to the auditor of the proper county, a list of such leases as have been approved by the board. In case any of the lands in any county may re- main unleased after the date advertised for the leasing, the board shall have authority to make contracts of lease for' said lands to the first ap- plicant therefor at nt)t less than the minimum price thereof. Sec. 345. LESSEE NOT TO DESTROY TIMBER.] No lessee of any of the common school or public lands of this state, or his heirs or assigns, shall cut down or take away from such tract any timber, trees or wood, or suffer or cause the same to be done, by any person, except that such lessee may cut down or use such amount of dead or prostrate trees or timbers as may be sufficient to supply him with fuel for his family, or the families of his employes actually residing upon said tract, and further, that such lessee, his representative or assigns may, during his term or within a reasonable time thereafter, remove any pump, curbing, fencing, or any other improvement he may have placed thereon or received from any preceding occupant or lessee of the land. Any lessee violating the provisions of this section shall forfeit his lease and all rights and interests thereunder, and shall be liable to the state STATE OF NORTH DAKOTA 185 for damages sustained by the state by reason thereof and shall be guilty of a misdemeanor. Sec. 346. LESSEE NOT TO BREAK UNCULTIVATED LAND.] No lessee, or his heirs or assigns of any lessee, of any of the common school or public . lands of this state, leased for meadow or pasturage purposes, or of school or public lands leased for the purpose of culti- cation, which may contain any uncultivated or unbroken land, shall break, plow or cultivate any unbroken land on any tract so leased, or cause or suffer it to be done by any other person. And any lessee, or his heirs, or assigns, who shall violate the provisions of this section shall incur the same forfeitures and liabilities as are provided in the preceding section, and shall also be guilty of a misdemeanor. Sec. 347. HAY NOT TO BE CUT BEFORE JULY FIRST.] No lessee or his heirs or assigns, shall mow or cut for hay or feed any grass on any unbroken land, or cause or suffer the same to be done by any other person prior to the first day of July in any year. And any lessee or his heirs or assigns, who shall violate the provisions of this section shall incur the same forfeitures and liabilities as are provided in section 345, and shall also be guilty of a misdemeanor. Sec. 348. BOARD OF UNIVERSITY AND SCHOOL LANDS TO GRANT PERMITS TO CUT HAY AND TO REMOVE DEAD AND DOWN TIM- BER.] The board shall authority, when in its judgment it is for the best interests of the state so to do, to sell the right to cut grass on any of the public lands of the state and to sell any down and dead timber on said lands for such price, terms and conditions as they may think proper, but no dead timber, if standing, shall be deemed to be included in the sale unless expressly so specified in the permit. All such permits shall only be for the current season and between the fifteenth day of June and the first day of April of the following year, and no control of rights of occupancy of said land shall be other than what is specified in such permit; said permit shall be sold by the several county treas- urers, whose duties and compensation shall be prescribed by the board of university and school lands, but said compensation shall be based upon a percentage of amounts of money collected and remitted to the state treasurer from said sale of grass and timber in their respective counties. All permits shall be paid for in advance. Sec. 349. TRESPASS UPON PUBLIC LANDS. CIVIL ACTION FOR.] Whoever commits any trespass upon any of the lands owned, or held in trust, or otherwise by the state shall be liable in treble damages in an action to be brought in the name of the state, if such trespass is adjudged to have been willful; but single damages only shall be recovered in such action if such trespass is adjudged to have been casual and involuntary. Sec. 350. BOARD EMPOWERED TO LEASE FOR COAL MINING.] The board of university and school lands is hereby authorized and empowered to lease for coal mining purposes any lands under its control designated as common school lands and all other public lands of the 186 GENERAL SCHOOL LAWS state owned or held in trust by the state or granted to any public institution of the state, which contain coal including therein lignite coal. Any lease so made shall be for such period of time as such board may determine. Sec. 351. HOW ADVERTISED.] The manner of advertising and of. leasing such lands for coal mining purposes, and approval and execution, thereof, shall be the same as provided in sections 340, 341 and 343 Sec. 352. MINIMUM PRICE.] 'Such lands shall not be leased fori coal mining purposes for a less sum than ten cents per ton of 2240 1 pounds, for each and every ton of coal mined thereon; provided, that no lease of any such land for such purpose shall be made for less than $10 per annum for each and every forty-acre tract or fraction thereof, it being expressly provided that at the time of the making and execution of such lease, and annually thereafter, there shall be paid by the lessee an amount equal to $10 for every forty-acre tract of land so leased or any fraction thereof to the person, and in the manner prescribed herein, or by the rules and regulations of the board of university and school lands; it being further provided that upon such lessee mining any coal or lignite coal thereon during a period of one year from and after the date of such payment, such lessee shall have credit upon the amount due under the terms of such lease on tonnage for the amount paid at the execution of such lease or at the time of the annual payment thereafter made as hereinbefore provided; the amount received for the lease of any such land for coal mining purposes to be used in the same manner, and for the same purpose, as is provided for other money received for the lease of common school and other public lands. Sec. 353. BOARD AUTHORIZED TO MAKE RULES.] The board of university and school lands is hereby authorized to make such rules and regulations, as shall be by it deemed necessary, for the manner of determining the amount of rent due under any such lease, the manner and time of payment, and for such other conduct of the business of such leasing not in conflict with the provisions of law. Sec. 354. LEASE NOT TO INTERFERE WITH RIGHTS TO LEASE FOR PASTURE OR MEADOW.] The leasing of any such land for coal mining purposes shall not interfere with the right and authority of such board to lease the same land for pasture or meadow purposes, and each and every lease so made for coal mining purposes shall con- tain therein a provision plainly and explicitly reserving to such board the right to so rent such lands for pasture and meadow purposes without such renting in any manner affecting the conditions or terms of such lease for coal mining purposes, and reserving to the said board the right to use, occupy and lease the surface of all such lands; provided, that any such lessee for coal mining purposes shall have the right to the use and occupancy of so much of the surface of such lands as may be necessary for entry, dumps, buildings, tramways or other STATE OF NORTH DAKOTA 187 railways, roadways or uses in the mining, storing and shipping of coal mined thereon. Sec. 355. LEASING RESTRICTED.] No leases shall be made of any such lands having coal or lignite coal thereon for pasture or meadow purposes, except there shall be contained in such lease a provision authorizing the leasing of the same land for coal mining purposes and reserving to the said board the right to use and occupy, or lease for use and occupancy, and authorizing the use and occupancy of so much of the surface of said land as shall be required by any lessee of the same for coal mining purposes, for the uses and purposes set forth in section 354, Sec. 356. BOARD TO MAKE SCHEDULE OP LANDS.] The board of university and school lands shall, as soon as possible, and by the best means at its command, and with the assistance of the state geolo- gist, proceed to ascertain and determine the quantity and description of all common school or other public lands under its control, on which coal or lignite coal exists, and make and compile a statement and schedule of all such lands. Sec. 357. PENALTY FOR VIOLATION.] Any person, firm, or corpora- tion who shall mine, remove or cause to be mined or removed, from any common school land, or other public lands of the state, any coal or lignite coal, except the same shall be so mined or removed under and by virtue of the terms of this article, shall be liable to the state of North Dakota in damages in the sum of one dollar for each and every ton of coal or lignite coal so mined or removed, and shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred and fifty dollars, nor more than one thousand dollars, or by imprisonment in the county jail for not less than thirty days nor more than one year, or by both such fine and imprisonment; each and every day or fraction of a day so occupied in mining or removing such coal or lignite coal from any such land, is hereby declared to be a separate offense against the provisions of this article. Sec. 358. WILLFUL TRESPASS. PENALTY.] Whoever commits any willful trespass upon any of the lands owned or held in trust or otherwise by this state, either by cutting down or destroying any timber or wood standing or growing thereon, or by carrying away any timber or wood therefrom, or by mowing or cutting or removing any hay or grass standing or growing or being thereon, or who injures or removes any buildings, fences, improvements or other property be- longing or appertaining to said land or unlawfully breaks or cultivates any of said lands or aids, directs or countenances such trespass or other injury shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by Imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars, or both such fine and imprisonment, in the discretion of the court. And whoever Is occupying, residing upon or in possession of any school or other 188 , GENERAL SCHOOL LAWS public lands owned or held in trust or otherwise by the state at the time of the passage, approval and taking effect of this article without a valid lease therefor shall be deemed and held to be a willful trespasser thereon and guilty of trespass upon such land, and upon conviction thereof shall be punished as provided for in this section for any other act of trespass. Sec. 359. PROPERTY TO BE SEIZED.] In addition to the penalties provided for in this article against those committing trespass upon any of the lands owned or held in trust or otherwise by this state, the commissioner is authorized and empowered without legal process to seize and take, or cause toi be seized and taken any and all timber, grass, wood or other property unlawfully severed from such lands, whether the same has been removed from such lands or not, and may dispose of the property so seized and taken, either at public or private sale, in such manner as will be most conducive to the interests of the state; and all moneys arising therefrom after deducting the reasonable and necessary expenses of such seizure and sale shall be made a part of the general fund belonging to the public lands and shall be distributed in accordance with the provisions of this article. Sec. 360. DAMAGES.] All damages recovered for any trespass, or other injury upon or to any of the lands mentioned in this article, shall be paid over to the state treasurer for the benefit of the general fund to which the same properly belongs. Sec. 361. STATE'S ATTORNEY TO PROSECUTE AND REPORT.] The state's attorneys of the several counties shall promptly report to the commissioner all cases of trespass committed upon such lands, which may come to their knowledge, and shall, when directed by the attorney general, prosecute all actions for any trespass or injury thereto, or for recovery of possession thereof, or otherwise. Sec. 362. EXPENSE OP ADVERTISING AND LEASING.] There is hereby annually appropriated out of any funds in the treasury not otherwise appropriated the sum of two thousand dollars, or so much thereof as may be found necessary, for the purpose of paying the expense of advertising the common school lands for lease and the attendant expense of leasing the same. Sec. 363. FEES. DUTY OF COUNTY TREASURERS.] It shall be the duty of the commissioner of university and school lands to charge and collect the following- fees: For each one-year lease of school or other state lands, one dollars and fifty cents; for each lease for a period of more than one year, three dollars; for each contract) for lands pur- chased, five dollars; for each patent, five dollars; for approving and re- cording each assignment of school land contract, five dollars; for furn- ishing certified copies of school land contracts, three dollars. All fees must be paid in advance, and when collected must be paid into the state treasury at the end of each month and be placed to the credit of the expense fund of the board of university and school lands. It shall be the duty of the county treasurer of any county where any STATE OF NORTH DAKOTA 189 such lands are leased, or sold, to collect the fees hereinbefore provided for at the time the first payment thereon is made for leases and con- tracts of sale, and transmit the same to the commissioner on the first day of each month. Sec. 364. APPROPRIATION FOR EXPENSES OF BOARD.] There is hereby annually appropriated out of any funds in the treasury not otherwise appropriated the sum of five thousand dollars, or so much thereof as may be found necessary, for the salaries and expenses of the commissioner of university and school lands, clerk hire, record books, blanks and all such other expenses as shall be necessarily incurred by the board of university and school lands in carrying out the provisions of- this article, and such expenses shall be paid out of the treasury, and upon satisfactory vouchers therefor the state auditor shall issue his warrant for the same. Sec. 365. PURPOSE OF EXAMINATION.] The board of university and school lands shall, as soon as practicable attet the passage of this act, proceed to make an examination of all unsold school and state land, to ascertain the depth below the surface, the thickness and extent of any coal vein underlying such land, and to obtain data bearing on the soil characteristics and topographical features of each quarter sec- tion of land. 190 GENERAL SCHOOL LAWS CHAPTER 10.— STATE, COUNTY, AND LOCAL FUNDS ARTICLE 43.— THE STATE TUITION FUND Sec. 1208. SOURCES OF.] The net proceeds arising from all fines and penalties for violation of state laws, from leasing the school lands and the interest and income from the state permanent school fund shall be collected and paid into the state treasury in the same manner as is provided by law for the collection and payment of state taxes, and shall constitute the state tuition fund, which shall be apportioned among the several counties of the state in proportion to the number of children . of school age in each as shown by the last enumeration authorized by law. Sec. 1209. IN PART COLLECTED BY THE COUNTY TREASURER.] It shall be the duty of the county treasurer to receive from the proper officers the net proceeds of fines, penalties and forfeitures for violation of state laws, and all moneys arising from leasing of school lands within the county, and to forward a detailed statement of moneys so collected, specifying the amount received from each of the above sources, to the state auditor at the same time that he is required to make reports of other moneys to such auditor. Sec. 1210. STATE AUDITOR TO CERTIFY TO THE SUPERINTEND- ENT.] It shall be the duty of the state auditor on or before the third Monday in February, May, August, and November in each year to certify to the superintendent of public instruction the amount of the state tuition fund. ^ SUPERINTENDENT APPORTIONS. The superintendent of public instruction shall immediately apportion such funds among the several counties of the state in proportion to the number of children of school age residing in each as shown by the last enumeration provided for by law and certify to the state auditor, state treasurer and to the county treasurer and county superintendent of each county, the amount appor- tioned to the respective counties. Immediately upon receipt of such apportionment from the state superintendent as herein provided, the state auditor shall draw a warrant upon the state treasurer for the full amount of the state tuition fund apportioned to the several counties and shall deliver the same to the state treasurer, taking his receipt therefor and shall notify the several county treasurers of the amount due their respective counties and that such warrant has been issued therefor, and the state treasurer shall pay on such warrant to the several county treasurers the amount due their respective counties. Sec. 1211. LAND INCOME KEPT SEPARATE.] All moneys arising STATE OF NORTH DAKOTA 191 from interest on the permanent school fund and from leasing school lands shall be apportioned under a separate item and such money shall be taken account of as a separate item by all officers making or certify- ing such apportionment, or through whose hands any portion of such funds shall pass and it is further made the duty of the district treasurer to keep such funds separate from all other funds and if at the close of the school year any part of such funds which was apportioned prior to the third Monday of May of such year remains in the hands of the district treasurer, he shall transfer the same to the general fund of the district to which it was apportioned. Sec. 1212. FUNDS DEFINED. HOW USED.] All moneys received by the school district from the apportionment made by the superin- tendent of public instruction shall constitute and be designated the state tuition fund. All moneys received from district taxes, from subscrip- tion, from sale of property, or from any other source whatever except from apportionment made by the superintendent of public instruction shall be designated the general fund. In addition to the state tuition fund and the general fund, a sinking fund may be established as provided by this article. The state tuition fund shall be used only in the payment of teachers' salary; provided, that if the amount of state tuition appor- tioned to any district in any one year is insufficient for the payment of teachers' salary in such district, any money on hand or available belonging to the general fund of such district may be applied to meet such deficiency; provided, further, that if the state tuition fund appor- tioned to any district in any one year is more than sufficient for the payment of teachers' wages in such district the portion of such fund in excess of the amount so required shall be transferred to and become a part of the general fund. Sec. 1213. FUNDS CONTROLLED AND PAID OUT BY DISTRICT TREASURER.] All funds shall be kept in the possession or under the control of and paid out by the district treasurer except as otherwise provided in this chapter, and he shall keep for each district one general account of the entire receipts and expenditures, and separate itemized accounts, as herein provided, for each class of receipts and expenditures. His books shall at all times show by entries under proper heads all receipts of funds and payments made therefrom, so as to enable any person readily to ascertain the balance in any fund. Sec. 1214. WHEN NOT ENTITLED TO TUITION FUND.] No school district shall be entitled to receive any portion of the state tuition fund that fails to make a report of the enumeration of the children of school age in the manner provided by law, nor until the enumeration has been taken and reported as required by law. The county superintendent is empowered to withhold the payment of county tuition from any dis- trict whose officers have failed to make the reports required by law; and, further, the county superintendent shall not authorize the payment of money apportioned to any district unless the bond and oath of the 192 GEN ERAL SCHOOL LAWS treasurer of such district has been duly approved and filed as provided by law. Sec. 1215. ENUMERATION IN NEW DISTRICTS.] New districts or- ganized after the annual enumeration has been taken shall proceed immediately to take the enumeration as provided by law, and after the receipt of such enumeration by the superintendent of public instruction through the county superintendent, the newly organized district shall receive its proportionate share of the funds to be apportioned. ARTICLE 44.— FUNDS FROM COUNTY MILL TAX Sec. 1224. HOW LEVIED.] The county auditor of each county shall at the time of making the annual assessment and levy of taxes levy a tax of one dollar on each elector in the county for the support of public schools, and a further tax of one-half mill on the dollar on taxable property in the county, to be collected at the same time and in the same manner as other taxes are collected, which shall be apportioned by the county superintendent of schools among the school districts of the county. Approved December 12, 1919. Sec. 1225. HOW APPORTIONED.] It shall be the duty of the county auditor on or before the third Monday in February, May, August and November in each year, to certify to the county superintendent of schools the amount of such county tuition fund, which the county superintendent of schools shall apportion among the several school dis- tricts in the same manner as provided for the apportionment of the state tuition fund. The county superintendent shall file with the county auditor and the county treasurer a certified statement showing the amount apportioned to each district. Sec. 1226. APPORTIONMENT OF DELINQUENT TAXES.] It shall also be the duty of the county auditor to certify at the time herein specified the amount of delinquent taxes collected for the special tuition fund prior to those levied for the year 1899, which amounts shall be apportioned by the county superintendent of schools as herein provided. Sec. 2068. MONEY FROM FERRY LEASES TO GO TO SCHOOL FUND.] All moneys received by the board of county commissioners upon leases granted for ferries as aforesaid, shall within thirty days after the receipt thereof, be paid to the county treasurer for the use of the public schools of the county, and the same shall be apportioned among the several districts of the county in like manner as other school funds are now by law apportioned; provided, that all moneys received by the mayor and city council of any incorporated city, or by the board of trustees of any incorporated town or village, in this state, for the leasing of any ferry whose landing shall be within the corporate limits of such city, town or village, shall immediately upon receipt of the same, be turned over to the treasurer of such city, town or village, to be by him deposited in the general fund and paid out in like manner as other moneys are paid out of said general fund for the use of said city, town or village. STATE OF NORTH DAKOTA 193 ARTICLE 45.— FUNDS FROM SCHOOL DISTRICT TAX Sec. 1222. SCHOOL BOARD TO LEVY TAX.] Each district school board shall have power and it shall be its duty to levy upon all property subject to taxation in the district, a tax for school purposes of all kinds authorized by law, not exceeding in the aggregate a rate of thirty mills on the dollar in any one year; provided, that such board may in addition thereto whenever there are past due warrants outstanding in said district levy not to exceed twenty mills additional in any one year; provided, further, the provisions of this section shall apply only to payment of warrants issued for a legal purpose and outstanding on July 1st, 1919. Such tax shall be levied by resolution of the board prior to the twen- tieth day of July of each year, which resolution shall be entered in the records of the proceedings of the board. The clerk shall immediately thereafter notify the county auditor in writing of the amount of tax levied and such notice shall be substantially the following form: State of North Dakota] hss. County of J School District. To County Auditor of County. Sir: You are hereby notified that the school board of School District has levied a tax of Dollars upon all real and personal property in said School District for school pur- poses. You will duly enter and extend such tax upon the county tax list for collection upon the taxable property of such school district for the current year. Dated at District Clerk. Approved March 7, 1919. Sec. 1221. SCHOOL TAXES, HOW AND WHEN COLLECTED.] It shall be the duty of the county treasurer to collect the taxes for school purposes at the same time and in the same manner that the county and state taxes are collected, and full power is hereby given him to sell property for school taxes the same as is provided by law for the collec- tion of other taxes, whenever an error occurs in the tax list of any school district, the school board or board of education in special or independent districts or districts organized under special laws may cor- rect such errors and refund such taxes improperly collected. All penal- ties and interest collected on delinquent school taxes shall be applied to the proper fund to which such delinquent taxes belong. Sec. 1223. LEVY TO PAY JUDGMENT.] The notice of a tax levy to pay any judgment against the district shall be in addition to the regular tax and shall be certified to the county auditor under the same 194 GENERAL SCHOOL LAWS general form, as near as may be; provided, that if the boundaries of such district shall embrace a portion of two counties then the clerk of such district shall certify to the county auditor of the county in which is located the original district to which such portions of the district embraced in the other county is attached, in addition to the tax levy above mentioned, a list and valuation of all property subject to taxation in such portion of such district embraced in the other county, as shown by the assessor making the assessment in such county, town- ship or assessor's district, and the auditor shall enter such property upon the tax duplicate of his county and levy all school taxes upon the same, and the county treasurer of the county shall collect the taxes levied thereon the same as other taxes are collected and pay the same over as provided by law. Sec 1227. MAXIMUM LEVY FOR FINAL JUDGMENT. TAXES TO BE UNIFORM.] When any final judgment shall be obtained against a school district the board thereof shall levy a tax upon the taxable property of such district not exceeding in amount twenty mills on the dollar in any one year, which shall be used in the payment thereof. The county auditor shall make out, charge and extend upon the tax list against each description of real property and against all personal property, and upon all taxable property of the district, all such taxes for school and judgment of which he has been notified, as have been levied by the district in which the property is situated and taxable, in the same manner in which the county and state tax list is prepared, and deliver it to the county treasurer at the same time. All taxes for school purposes shall be uniform upon the property within each school district. Sec. 1228. INDEBTEDNESS OF DISTRICT. HOW ADJUSTED WHEN NO LEGAL SCHOOL BOARD EXISTS.] If any school district in the state has for one or more years past, either through failure to elect a school board or through a failure of the county superintendent to appoint a school board, been without a legal school board or if hereafter any school district through such failure to elect or appoint such school board shall be without such legal school board and such district shall have an authorized indebtedness either in bonds, interest due on bonds or otherwise, it shall be the duty of the county superintendent, the county treasurer and county auditor, acting as a board of adjusters, to assess upon the taxable property of such school corporation a tax not to exceed twenty mills on the dollar in any one year upon the assessed valuation thereof for the payment of the same. Which tax so levied shall be extended upon the tax lists by the county auditor and be collected and shall be applied upon and used for the payment of such indebtedness and shall be paid to the creditors of such district upon the warrant of the county auditor, countersigned by the county superintendent, and all warrants, bonds, interest coupons, receipted bills or accounts shall be filed in the office of the county auditor, and in case such school corporation has a bonded indebtedness, it shall be the duty of such board of adjusters to levy a tax upon the property STATE OF NORTH DAKOTA 195 of such district sufficient to create a sinking fund for the redemption of such bonds upon the maturity of the same, such sinking fund to be levied and provided for in compliance with the requirements of such bonds. ARTICLE 46.— CERTAIN ACTS LEGALIZED. (S. B. No. 198, 1919) Sec. 1. ACTS LEGALIZED.] Where the officers of any incorporated city, village or school district of this state shall have incurred indebted- ness and issued warrants or orders for the erection, purchase, repair or maintenance, within and for said city, village, or school district for school or other buildings, or water works, gas or electric light plants, public wells, cisterns, fire apparatus, or legitimate corporate purposes for said city, village or school district, or to pay for or to raise money for any such purpose, and said warrants or orders are outstanding, or held in the general revenue or other funds of said city, village or school district, in any or all such cases where said warrants or orders are within the debt limit, the same are hereby legalized and are declared to be the valid indebtedness of such city, village or school district, and in every case where the city council or city commissioners, village board of trustees, school board or board of education thereof shall have heretofore or shall hereafter determine by resolution or ordinance, that it was or is for the best interests of the city, village or school district to issue its negotiable bonds in the name of the city, village or school district for the sole purpose of funding such indebted- ness and shall have been or shall be authorized to issue such bonds, by a majority vote of the qualified electors of such city, village or school district, voting thereon at any regular or special election legally called and held after public notice^ thereof as required by law, and if such bond shall have been or shall be executed, sold and delivered for value, and the proceeds arising from such sale shall have been or shall be applied exclusively to the express purpose of funding such warrants or orders, then in every case such bonds whether engraved, lithographed or printed on bond paper shall, when executed, sold and delivered as provided by law, be deemed, and hereby are declared to be valid and subsisting indebtedness of the city, village or school district issuing the same. Sec. 2 PENDING ACTIONS NOT AFFECTED. DEBT LIMIT.] This Act shall not affect any actions now pending in which the validity of such warrants^j orders or indebtedness is called in question; providing, however, that the issue of such bonds shall not be construed to be an Increase of the indebtedness of the municipality and the proceeds from sales of such bonds shall be applied exclusively towards the discharge of the indebtedness of such city, village or school district referred to in Section 2 of this act. Approved February 26, 1919. STATE OF NORTH DAKOTA v. GEORGE L. BICKFORD. 18. FINE. JUDGMENT FOR. OPERATE AGAINST ENTIRE STATE. UNCONSTITUTIONAL. FUNDS. COMMON SCHOOLS.] That part of Sec. 9930, Compiled Laws of 1913, which provides that the defendant upon 196 GENERAL SCHOOL LAWS conviction shall "pay a fine equal to double the amount of money or other property so embezzled as aforesaid, which fine shall operate as a judgment at law on all the estate of the party so convicted and sentenced, and shall be enforced by execution or other process for the use of the state, county, precinct, district, town, city or school district whose moneys or securities have been so embezzled," is unconstitutional in that it violates Sec. 154 of the Constitution of North Dakota, which provides that "the interest and income of this (land grant) fund, together with the net proceeds of all fines for violation of state laws, and all other sums which may be added thereto by law, shall be faithfully used and applied each year for the benefit of the common schoolsi of the state" 28 N. D. 36. (Opinion filed December 2, 1913.) Opinion on rehearing filed May 22, 1914. ARTICLE 47.— MANAGEMENT OF SCHOOL FUNDS Sec. 1216. APPORTIONMENT OF FUNDS WITHHELD, WHEN.] The county superintendent shall have the right to withhold the apportion- ment of the county tuition fund (two mill tax and school poll tax) from any school district other than the new districts herein provided for, which has not maintained school therein for a period of not less than six school months in each school of said district during the school year preceding such apportionment or has not otherwise provided school facilities for the pupils of that district; provided, further, that it shall be mandatory upon the county superintendent to withhold the appor- tionment of the county tuition funds from any district which has not maintained school for a period of at least five months in each school in said district or has not otherwise provided school facilities for the pupils of that district for the school year preceding such apportionment; and when such apportionment of county tuition fund shall be withheld by the county superintendent from any district, it shall revert to the funds from which it was originally apportioned. Sec. 1217. APPORTIONMENT BY COUNTY SUPERINTENDENT.] Within thirty days and not less than twenty days after receiving the certificate of apportionment from the superintendent of public instruc- tion and the certificate from the county auditor as provided for in section 1225 of this chapter, the county superintendent shall apportion separately to the several school districts, which are entitled to any portion of the state tuition and special funds within the county, in proportion to the number of children residing in each district over six and under twenty-one years of age as appears from the last enumera- tion authorized by law, upon which the superintendent of public instruc- tion made the apportionment to the several counties, and he shall immediately notify each district treasurer of the amount of tuition fund in the county treasury due the district, and shall certify to the county treasurer and to the county auditor the amount due each school district. The county treasurer shall deliver to the several school treasurers, upon STATE OF NORTH DAKOTA 197 the order of the county auditor, the amounts apportioned to their re- spective districts, taking a receipt therefor. Sec. 1218. TREASURER'S ACCOUNTS. ANNUAL SETTLEMENT.] The district treasurer shall open new accounts with each fund at the beginning of each school year, and the balance of each fund shall be brought down and become a part of the first entry in opening the account for the new year. On the second Tuesday in July, the school board shall make settlement with the district treasurer and shall care- fully examine his books, accounts and vouchers, and shall ascertain if the amount of all warrants, bonds and coupons paid and redeemed or paid in part, together with the cash in his hands or under his control, is equal to the amount of cash on hand at the beginning of the school year, together with all money received by him from all sources for school purposes during the year. The district treasurer shall deliver to the board at such annual meeting, all warrants, bonds and coupons paid and redeemed by him during the school year and held by him as vouchers, taking the receipt of the board therefor, and such vouchers shall forthwith be filed with the district clerk. He shall at that meeting make his annual report in quadruplicate, one copy to be preserved inn the treasurer's office, one to be filed with the clerk of the school board, one to the Bank of North Dakota, one to be transmitted to the county superin- tendent of schools and the board shall cause to be published an itemized statement of the receipts and expenditures of the preceding year in a newspaper of the county nearest said school district; provided, that if said board or treasurer shall have failed to publish said statement by the first of September following the presentation of the treasurer's annual report, then it shall be the duty of the county superintendent of schools to cause the publication of the same in a newspaper of the county, said publication to be paid for by the school district. The treasurer's reports shall show the following: RECEIPTS The balance at the close of the year. The amount received into the state tuition fund. The amount received into the special fund. The amount received into the county tuition fund. The amount received into the sinking fund. EXPENDITURES The amount paid for school houses, sites and furniture. The amount paid for apparatus and fixtures. The amount paid for teachers' wages. The amount paid for services and expenses of school officers. The amount paid for redemption of bonds. The amount paid for interest on bonds. The amount paid for incidental expenses. The cash on hand at the close of the school year. Such report shall include such other items as may be required by the district board, or the superintendent of public instruction, and shall 19S GENERAL SCHOOL LAWS be uvHMi and in oonformity with the blanks furnished him for that pur- pose. Sec. 1219. WHEN COUNTY TREASURER TO PAY FUNDS TO DIS- TRICT TREASURER.] The treasurer of each district shall apply to the county auditor for an order, and the county treasurer shall pay over to him on such order all of the school money collected for such district and all school money apportioned to such district by the county superin- tendent of schools, and the county auditor shall issue such order; provided, such district treasurer has qualified and filed his oath and bond as provided by law. It shall be the duty of the county treasurer, w^hen payment is made to any school treasurer of any funds herein provided for. immediately to notify the clerk of the school board of the payment of the same. Sec. 1220. COUNTY TRF^\SURER TO KEEP ACCOUNTS WITH THE SCHOOL CORPORATION.] Each county treasurer shall keep a regular account with each school corporation, in which he shall charge himself with all taxes collected by levy of nds in the name of such county, for tiie pur- poses mentioned in Section 1 of tlxis Act, tixe Board of County Com- STATE OF NORTH DAKOTA 207 mlsaioners of such county may, if In the judgment of such hoard It is deemed to he to the hest interests of the county, issue negotiahle bonds for such purposes in a sum of not to exceed ten thousand dol- lars ($10,000.00); provided, that no bonds shall be issued, unless a building or buildings shall have been erected for such school and unless such school is in actual operation. Sec. 3. METHOD OP ISSUE. RATE OF INTEREST.] Such bonds shall be in denominations of one hundred dollars ($100.00), each, shall bear the date of their issue, and shall be made payaI)Io to bearer in not less than five, nor more than twenty years from their date and shall bear Interest at a rate not to exceed six per cent per annum, payable semi-annually, with coupons attached for each interest installment. Such bond and coupons shall be signed by the chairman of the Board of County Commissioners, and shall be attested by tlie County Auditor. The seal of the county shall bo affixed to each bond, but not to the coupons. Such bonds shall be printed, lithographed or engraved on bond paper, and shall state on its face that it is issued in accordance with the provisions of this Act. Such bonds may be made payable anywhere in the United States. Sec. 4. TAX LEVY.] At or before the time of incurring such indebtedness or issuing such bonds, the Board of County Commissioners shall provide for the collection and levy of an annual tax on all the taxable property of the county, sufficient to pay the interest and principal thereof, when due, and the resolution of such board, providing for such tax and for the payment of the interest and principal of such debt shall be Irrepealable until such debt is paid. Sec. 5. REGISTRATION OF.] Such bonds, before being negotiated, must be registered in the office of the County Auditor of such county, who shall endorse on each of such bonds a certificate, signed by the County Auditor, stating that such bond or evidence of debt is issued pursuant to law, and is within the constitutional debt limit. Sec. 6. SALE OF.] Such bonds need not be advertised for sale but may be negotiated by such board at private sale, but must not be sold for less than par. Sec. 7. WHO MAY PURCHASE.] Such bonds may be purchased by the Board of University and School Lands, and may also be purchased by private parties. Sec. 8. COUNTY TREASURER TO PAY. WHEN.] When such bonds, and the coupons thereto attached, mature, it shall be the duty of the County Treasurer to pay the sum on presentation out of any funds In his hands, applicable thereto, and he shall cancel them by writing or stamping across the face of each bond or coupon the words "paid this day of " inserting the date of pay- ment. Sec. 9. BONDS RETIRED BEFORE MATURITY.] After such bonds shall have been in force for three years, the Board of County Commis- sioners may, if deemed prudent to do so, by resolution, order said bonds to be retired, in whole or in part, and paid before maturity on 208 GENERAL SCHOOL LAWS any date when the semi-annual interest shall be due. The County Auditor must publish such resolution for three weeks in one of the official papers of the county, and it shall be the duty of the holders of such bonds to present the same and accept payment accordingly. If not so presented within ninety days from the publication of such notice, interest on such bonds shall cease in accordance with such reso- lutions. Sec. 10. FUNDS. HOW HANDLED.] The money derived from the sale of such bonds must be paid to the County Treasurer and by him placed to the credit of such County Agricultural and Training School. At the regular August meeting of the board of trustees each year the County Treasurer shall meet wuth the board and have an annual settle- ment of funds. It shall be the duty of the treasurer to see that a sum equal to at least SO per cent of such bond issue shall be kept on hand by the board at the time of such settlement to meet the pay- ment of warrants during the ensuing year. CHAPTER 12.— EXEMPTION OF SCHOOL PROPERTY FROM TAXATION. ARTICLE 52.— EXEMPTION OF PROPERTY FROM TAXATION. (S. B. No. 44, 1919) Sec. 207S. All property described in this section to the extent herein limited shall be exempt from taxation, that is to say: 1. All public school houses, academies, colleges, institutions of learn- ing, with the books and furniture therein, and the grants attached to such buildings necessiiry for their proper occupancy, use and enjoyment, and not loused or otherwise used with a view to profits; also all houses used exclusively for public worship and lots and parts of lots upon which such houses are erected. 1): « :j< 4: « « 3. All property, whether real or personal, belonging to the State. « « * * * « 6. All buildings, and contents thereof, belonging to institutions of public charity, including public hospitals under the control of religious or charitable societies, used wholly or in part for public charity, to- gether with the land actiially occupied by such institution, not leased or otherwise used with a view to profit ; and all money and credits appropriated solely to sustaining, and belonging exclusively to such in- stitutions: also all dormitories and boarding halls ,including the land upon which they are situated, owned and managed by any religious, corporation for education or charitable purposes, for use of students in attendance upon any of the State educational institutions; provided, that such dormitories and boarding halls be not managed or used for the purpose of making a profit over and above the cost of maintenance and operation. 7. All properties belonging to counties, towns and townships and to municipal corporations and used for public purposes. Approved Feb. 27, 1919. STATE OF NORTH DAKOTA 209 Division 4. — Environment and Equipment. CHAPTER 13.— SCHOOL BUILDINGS. ARTICLE 53.— CONSTRUCTION OF BUILDINGS FOR ELEMENTARY AND SECONDARY SCHOOLS. Sec. 14S9. PLANS AND SPECIFICATIONS.] No building which is designed to be used, in whole or in part, as a public school building, shall be erected until a copy of the plans thereof has been submitted to the state superintendent of public instruction, who for the purposes of carrying out the provisions of this act is hereby designated as inspector of said public school building plans and specifications, by the person causing its erection or by the architect thereof; such plans shall include the method of ventilation provided for, and a copy of the specifi- cations therefor. Sec. 1490. CONSTRUCTION.] Such plans and specifications shall show in detail the ventilation, heating and lighting of such building. The state superintendent of public instruction shall not approve any plans for the erection of any school building or addition thereto unless the same shall provide at least twelve square feet of floor space and two hundred cubic feet of air space for each pupil to be accommodated in each study or recitation room therein. (1) Light shall be admitted from the left or from the left and rear of class rooms and the total light area must, unless strengthened by the use of reflecting lenses be equal to at least 20 per cent of the floor space. (2) All ceilings shall be at least twelve feet in height. (3) No such plans shall be approved by him unless provision is made therein for assuring at least 30 cubic feet of pure air every minute per pupil and warmed to maintain an average temperature of 70 degrees F. during the coldest winter weather, and the facilities for exhausting the foul or vitiated air therein shall be positive and independent of atmospheric changes. No tax voted by a district meeting or other com- petent authority in any such city, village or school district, exceeding the sum of two thousand dollars ($2,000.00) shall be levied by the trustees until the state superintendent of public instruction shall certify that the plans and specifications for the same comply with the pro- visions of this act. All school houses for which plans and detailed specifications shall be filed and approved, as required by this act, shall have all halls, doors, stairways, seats, passageways and aisles and all lighting and heating appliances and apparatus arranged to facilitate egress in case of fire or accident and to afford the requisite and proper accommodations for public protection in such cases. All exit doors shall 210 GENERAL SCHOOL LAWS open outwardly, and shall if double doors be used, fasten with movable bolts operated simultaneously by one handle from the inner face of the door. No staircase shall be constructed with wider steps in lieu of a platform, but shall be constructed with straight runs, changes in direction being made by platform. No doors shall open immediately upon a flight of stairs, but a landing at least the width of the door shall be provided between such stairs and such doorway. (4) Every public school building shall be kept clean and free from affluvia arising from any drain, privy or nuisance, and shall be pro- vided with sufficient number of proper water closets, earth closets or privies, and shall be ventilated in such a manner that the air shall not become so impure as to be injurious to health. Sec. 1491. TOILET ROOMS.] No toilet rooms shall be constructed in any public school building unless same has outside ventilation and win- dows permitting free access of air and light. The provisions of this act shall be enforced by the state superintendent of public instruction or some person designated by him for that purpose. Sec. 1492. ADJUSTMENT OF GRIEVANCES.] If it appears to the state superintendent of public instruction or his deputy appointed for that particular purpose, that further or different sanitary or ventilat- ing provisions, which can be provided without unreasonable expense, are required in any public school building, he may issue a written order to the proper person or authority, directing such sanitary or ventilating provisions to be provided. A school committee, public officer or person who has charge of any such public school building, who neglects for four weeks to comply with the order of said state superintendent of public instruction or his deputy, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars. (1) Whoever is aggrieved by the order of the state superintendent of public instruction or his deputy issued as above provided, and relating to a public school building, may within thirty days after the service thereof, apply in writing to the board of health of the city, town, incorporated village or school district to set aside or amend the order; and thereupon the board, after notice to all parties interested, shall give a hearing upon such order, and may alter, annul or affirm it. Sec. 1493. VENTILATING FLUES.] No wooden flue or air duct for heating or ventilating purposes shall be placed in any building which is subject to the provisions of this act, and no pipe for conveying hot air or steam in such building shall be placed or remain within one inch of any wood-work, unless protected by suitable guards or casings of incombustible material. Sec. 1494. APPROVAL OF PLANS.] To secure the approval of plans showing the method or systems of heating and ventilation as provided for in Sec. 1490, the foregoing requirements must be guaranteed in the specifications accompanying the plans. Hereafter erections or construc- tions of public school buildings by architect or other person who draws plans or specifications or superintends the erection of a public school building, in violation of the provisions of this act, shall be punished STATE OF NORTH DAKOTA 211 by a fine of not less than one hundred dollars nor more than one thousand dollars. Sec. 1185. ERECTION OF BUILDINGS IN COMMON SCHOOL DIS- TRICTS.] Three notices of the time, place and the purpose of such election shall be posted in three of the most public places in the district at least fourteen days prior to such meeting. If a majority of the voters present at such meeting shall by vote select a school house site or shall be in favor of the purchase, exchange or sale of the school house, as the case may be( then the board shall proceed to carry out the decision of the voters of the district, provided it shall require a vote of two-thirds of the voters present and voting at such meeting to order the removal of the school house, and such school house so removed cannot again be removed within three years from the date of such meeting; and, further, if the question of removing the school house fails to carry, then the question of removing such school house cannot again be raised within one year; provided, further, that whenever a school house is to be purchased, erected or constructed in a common school district, the school board shall consult with the county superintendent of schools and the county superintendent of health with regard to plans providing for the proper construction, lighting, heating and ventilating; provided, further, that it shall be the duty of the state superintendent of public instruction to furnish plans for school houses of one and two rooms that will be in accord with the best ideas pertaining to heating, lighting, ventilation and other sanitary requirements; provided, further, that school boards and county superintendents shall secure from a competent carpenter or architect complete specifications and blue prints for plans furnished by the state superintendent of public instruction, [or approved plans that may be furnished by said carpenter or architect], at a cost not to exceed twenty-five dollars for a one-room school house and forty dollars for a two-room school house. A copy of such plans and specifi- cations shall be filed in the office of the county superintendent. Sec. 1340. PROPOSALS FOR.] When any school house is built with funds provided for in the manner herein authorized, the school board shall advertise at least thirty days in some newspaper printed in the county or by posting notices for the same length of time in at least three of the most public and conspicuous places if no newspaper is published in the county for sealed proposals for building such school house in accordance with plans and specifications furnished by the school board, reserving the right to reject any and all bids, and if any of the proposals shall be reasonable and satisfactory such board shall award the contract to the lowest responsible bidder and shall require of such contractor a bond in double the amount of the contract, conditioned that he will properly account for all money and property of the school district that may come into his hands and that he will perform the conditions of his contract in a faithful manner and In accordance with its provisions; and in case all the proposals are rejected, such board shall advertise anew in the same manner as before until a reasonable bid shall be submitted. 212 GENERAL SCHOOL, LAWS Sec. 1341. PROVISIONS OF THIS ARTICLE. HOW APPLICABLE.] The provisions of this article shall be applicable to and authorize the issuance of bonds by such school districts as have already built school houses and issued orders or warrants therefor, and any such school district may vote to bond the indebtedness incurred by reason of build- ing and furnishing a school house and purchasing a site for the same and bonds may be issued in the same manner as hereinbefore provided for building and furnishing school houses. ARTICLE 54.— FIRE AVOIDANCE. Sec. 1200. EXITS REQUIRED.] All school houses having more than one school room shall have the doors in the exits opening outward, ajid it is hereby further provided that after the passage of this act school houses of more than one room thereafter erected shall be provided with an exit not less than four feet six inches in widti. All doors to be kept unlocked from 8:30 o'clock a. m. to 4:30 o'clock p. m. on school days. Sec. 1201. FIRE ESCAPES.] There is hereby required a stationary fire escape, consisting of iron stairways, attached to school houses hav- ing more than one story, with iron landings easily accessible from each school room above the first floor, guarded by aij iron railing not less than two feet six inches in height. Such landings shall be connected by iron stairs not less than three feet wide and with steps not less than six Inches tread, and protected by a well secured hand rail of iron on both sides and reaching to the ground. Provided, however, that the six-foot section immediately above the ground shall be hinged to the main escape so it may be swung out of the way when not in use; fur- tJier provided that this section shall not affect school houses now con- structed and provided with adequate fire escapes. The way of egress to such tire escape shall at all times be kept free and clear from all obstruction of any and every nature. Sec. 1202. DUTY OFFICERS.] Trustees, boards of directors, boards of education, or any other person having charge of such school houses shall comply with the provisions of this act within six months after its passage and approval. Sec. 1203. PENALTY.] Any person or board violating any of the provisions of this act shall upon conviction thereof, be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars or more than one hundred dollars. ARTICLE 55.— FIRE DRILL AND GUARDS FOR PUBLIC SCHOOLS. Sec. 1. DUTIES OF TEACHERS AND SUPERINTENDENTS.] It shall be the duty of all teachers in the public schools of this state where any school has more than one room, to give at least two fire drills each month, and no such teacher shall draw his salary for any month until he has certified to the clerk of the school board that such fire drills have been given; provided, that in districts having a superintendent, such superintendent shall prescribe rules governing such fire drills for the schools under his supervision, and he shall not draw his salary until STATE OF NORTH DAKOTA 213 he shall have certified to the clerk of the school board or the secretary of the board of education that at least two such Are drills have been given in each school under his supervision, as provided for in this act. Sec. 2. DUTY OF COUNTY SUPERINTENDENT.] It shall be the duty of the county superintendent of schools to prescribe reasonable rules for giving fire drills in the rural schools of his county, with spe- cial reference to prairie fires, and any school board may direct that no teacher shall draw his Salary until one fire drill each month shall have been given. Sec. 3. FIRE GUARDS.] It shall be the duty of every school board in this state to provide such fire guards as they may deem reasonable around schools in their districts. Should any school board fail or neg- lect to provide such fire guards, it shall be the duty of the county superintendent of schools to notify such school board of such failure, and it shall be a misdemeanor for any member of such school board, after being so notified, to draw his salary until such guards have been made. ARTICLE 56.— CARE AND CUSTODY OF BUILDINGS USED FOR SCHOOL PURPOSES. Sec. 2995. DOORS. CONSTRUCTION OF.] All doors or ingress and egress in all buildings used for public assemblages of any character in this state, including school houses, ***** shall be so con- structed as to open and swing outward, and doorways shall not be less than four feet in width, with proper landings and stairways of at least equal width. Sec. 2996. WHO SHALL COMPLY.] It shall be the duty of all persons owning or having charge of such buildings, including trustees, boards of directors and boards of education, to comply with the provisions of the last section within six months after the same shall take effect; but nothing herein shall be construed to require a change in the width of existing stairways and doorways, and this article shall not apply to churches and school houses not within the limits of any city or vil- lage. Sec. 2997. PENALTY FOR FAILURE.] Any person failing to comply with the provisions of this article, or who shall build, maintain or permit to be used any such building contrary to the provisions hereof shall be deemed guilty of a misdemeanor. Sec. 9846. INJURING PUBLIC BUILDINGS.] Every person who wil- fully burns, destroys or injures any public building or improvement in this state, is punishable by imprisonment in the penitentiary not less than one and not exceeding five years. PUBLIC BUILDINGS AND PUBLIC PARKS. (S. B. No. 113, 1919) Sec. 1. That any officer or officers of the State of North Dakota, any municipality therein or any sub-division thereof, who shall have custody and control of any public building or any public park suitable for holding public meetings therein shall, when petitioned so to do by twenty-five resident taxpayers of the municipality or political sub-di- 214 GENERAL SCHOOL LAWS vision owning said building or public park open said building or park for any public meeting which is to be non-sectarian and non-fraternal in character; provided, however, that no such public building shall be used for such purpose when in actual and necessary use in carrying out the purpose for which it was constructed. Sec. 2. Any person or persons violating the provisions of this act shall bo guilty of a misdemeanor. Approved March 7, 1919. CHAPTER 14.— TEXT BOOKS AND SUPPLIES. ARTICLE 57.— FREE TEXT BOOKS. Sec. 1397. POWER OF BOARD OF EDUCATION.] The school board or board of education of each and every school district in the state of North Dakota is hereby authorized and empowered to select, adopt and contract for all books and supplies needful for the school or schools under its charge, and the said school board or board of education shall have power to purchase the text books and supplies selected or con- tracted for, and provide for the loan free of charge or sale at cost of such text books and supplies to the pupils in attendance at such school or schools; provided, that no adoption or contract shall be for a period to exceed three years; provided, further, that before any publisher or publishers shall enter or attempt to enter into any contract with any school board or board of education for the sale of text books, as here- inbefore provided, they shall tile with the superintendent of public in- struction of the state of North Dakota a list of their books and the lowest prices at or for which they will sell any or all of such books to any school board or board of education in the state of North Dakota, and tliey, the said publishers, shall deposit with the superintendent of public instruction a sample copy of each book so listed, which shall represent in style, binding, mechanical execution, general make-up and matter, the book or books they offer to sell to the school board or board of education at or tor the prices lisied and in no case shall prices be raised above said listed price as filed. It shall be the duty of the superintendent of public instruction to furnish a certified copy of the list of books and prices filed in accordance with the pro^isions of tills section to the district clerk of each school district in the state of North Dakota, through the office of the county superintendent. Sec. 139S. FREE BOOKS PROVIDED. WHEN.] Whenever in the judgment of the board it is desirable or necessary to the welfare of the schools in the district or to provide for the children therein better school privileges, or whenever petitioned so to do by two-thirds of the voters of the district, the board shall provide free text books and sup- plies for all schools under its charge, in such manner as hereinbefore provided. All books purchased In accordance with tJie provisions of tills article shall be paid for out of the school funds of the respective districts, and it shall be the 'duty of school boards and boards of educa- tion to see that sufficient funds are raised and set aside for the purpose STATE OF NORTH DAKOTA 215 of this article. The clerk of each district shall also keep a record of all books furnished the schools in the district. Sec. 1399 . DISTRICTS NOT HAVING FREE TEXT BOOK SYSTEM.] In any district which does not have the free text book system, the person in charge of ,any child in school shall provide it with suitable text books, which shall be those adopted by the school board and necessary to its reasonably successful progress in class in all of the subjects of study for the grade to which it is assigned by its teacher. ARTICLE 58.— CONTROL OF ADOPTION AND SALE. (Chap. 145, p. 183, 1915.) Sec. 1. Before any person, firm, company or corporation shall offer for selection, adoption, contract, sale or exchange any school textbook or book for use in the schools of the State of North Dakota, such person, firm, company or corporation shall comply with the following condi- tions: 1. REQUIRED OF PUBLISHERS.] File a copy of such school text- book or book for use in the schools of the state in the /Office of the state superintendent of public instruction with a sworn statement of the published price list; the lowest wholesale price; and the lowest ex- change price; based upon three and five year contract periods, at which said school textbook or book is sold or exchanged for an old book in the same subject of like grade and kind but a different series, to any school board, school corporation, or school commission anywhere in the United States. 2. PUBLISHER'S BOND.] File with the state superintendent of pub- lic instruction a bond running to the State of North Dakota, with a responsible surety company authorized to do business in the State of North Dakota as surety thereon in the penal sum to be determined by the state superintendent of public instruction but not less than two thousand dollars nor more than ten thousand doll?,rs conditioned as follows: (a) That any book listed in said statement and in any other state- ment subsequently filed by said person, firm, company or corporation shall be supplied by the publisher to any school district or any school corporation in the State of North Dakota at the price and terms con- tained in said statement. (b) That such price and terms so filed are to be reduced automat- ically in North Dakota whenever reductions are made by the publisher elsewhere in the United States so that at no time shall any book so filed and listed be sold to district school boards, boards of education or to their authorized purchasing agents at a higher price than is re- ceived for such book by the publisher elsewhere in the United States. (c) That all textbooks offered for sale, adoption, contract or exchange by the publisher in the State of North Dakota shall be equal in quality to those deposited in the office of the state superintendent of public instruction as regards paper, binding, printing, illustrations, subject mat- ter, and all particulars that may effect the value of such textbooks. 216 GENERAL SCHOOL LAWS (d) That in case an abridged or special edition of any book shall be prepared the person, firm, company or corporation manufacturing the same shall sell such special edition to district school boards, boards of education of North Dakota or to their authorized purchasing agents at the same wholesale price at which the book is sold elsewhere. (e) That no person, firm, company or corporation filing their books in North Dakota under the provisions of this act shall enter into any understanding, agreement or combination to control prices or restrict competition in the sale of school textbooks. Sec. 2. BOND APPROVAL.] Such bond shall be approved by the attorney general and upon such approval, said person, firm, company or corporation shall be licensed by the state superintendent of public instruction to sell the book or books so filed in the State of North Dakota. Sec. 3. LIST TO BE PUBLISHED.] It shall be the duty of the state superintendent of public instruction to have printed and distributed to the clerks of district school boards, secretaries of boards of education of independent and special school districts and county superintendents of schools within six (6) months after this act takes effect, a complete list of books filed with his department giving the prices and terms of same; and the state superintendent of public instruction shall have printed and distributed annually thereafter a supplementally list of text- books with prices and terms filed during the year, and all books used in the public schools of the State of North Dakota may be selected, adopted, and contracted for from said list by district school boards and boards of education, and books so designated and contracted for shall be used exclusively for three (3) or five (5) years during which time such books shall not be changed; provided, however, this shall not prevent school boards from using other supplementary books. Sec. 4. FORFEITURE OF BOND.] If in any case any person, firm, company, or corporation, shall supply any district school board, board of education or purchasing agent of same, books inferior to the samples on file with the state superintendent of public instruction, or charge a higher price than was filed or than the same are sold elsewhere in the United States, then it shall be the duty of the county superintendent on written complaint filed with him by the school board of such a district to inform the state superintendent of public instruction of the failure of said person, firm, company or corporation to complj"" with the terms of his filing. The state superintendent of public instruction shall thereupon notify the said person, firm, company or corporation of said complaint, and if said person, firm, company or corporation shall dis- regard the notification and fail to comply with the terms of agreement filed with the state superintendent, then the bond of said person, firm, company or corporation shall be forfeited, and the attorney general shall upon written request of the state superintendent of public instruction proceed to collect the full amount of said bond. Sec. 5. BRIBERY FORBIDDEN.] No person, firm, company or cor- poration shall secure or attempt to secure the adoption, selection, con- STATE OF NORTH DAKOTA 217 tract or sale of any school textbook in this state by rewarding or promising to reward any teacher in any school in the state. No person, firm, company or corporation shall offer or give emolument money or any valuable thing, promise or work, or any other inducement to any teacher or school officer in any school district for any vote or promise of vote or for his influence for any schoolbook to be used in this state; provided, that nothing in this section shall be construed to prevent any person, firm, company or corporation from giving, or any school officer or teacher from receiving a reasonable number of sample schoolbooks for examination with the view of obtaining information as to the text- book or series of books from which said officer shall give his vote; provided, further, that any school officer or teacher receiving for exami- nation sample books, shall after such examination deliver such samples to the clerk of the school district and such books shall then become the property of the district. Sec. 6. APPOINTMENT OF DEALERS.] Boards of education and district school boards are hereby authorized and shall have the power to appoint agents or dealers to purchase, handle and sell the books which have been selected and contracted for, and it shall be unlawful for any dealer or for any purchasing agent of any school district to sell any books to pupils of the district listed v/ith the state superintend- ent of public instruction as hereinbefore provided at a price to exceed 15 per cent advance on the net cost of the book as listed with the department of public instruction and as named in the contract with the school district; provided, that to the selling price as above deter- mined be added the net cost of transportation. Sec. 7. DISTRICTS MAY PURCHASE.] School districts are hereby authorized to purchase textbooks from the publisher at prices and terms listed with the state superintendent of public instruction and to sell said books to the pupils at said cost prices or at such prices as will include the cost of transportation and cost of handling. District school boards and boards of education shall have the authority and are author- ized to purchase all necessary books for indigent pupils and pay for same out of the funds of the district, and to loan same free of expense to such pupils. The district school board or board of education shall purchase all books necessary for the use of teachers in conducting the work in the schools of the district where such teachers are employed and such books shall be paid for out of the funds of the district and be held as the property of the district. Sec. 8. REMOVAL OF FAMILY.] When a family removes from a school district, where free textbooks are not provided, the school board of the district from which the family removes may purchase out of the funds of the district, the textbooks in actual use by the children of such family at a fair price based upon the cost of the books and upon the condition of same; the books so purchased may be resold to other children in said district. Sec. 9. HOW FREE BOOKS MAY BE PROVIDED.] When the district school board or board of education of any district deems it advisable. 218 CBNERAL SCHOOL LAWS said board may provide for the free use of sctiool textbooks by the pupils of their school or schools, or whenever five or more legal voters of a common school district or 10 per cent of the legal voters of a consolidated, special or independent school district shall petition the board to submit to such district the question of providing free textbooks to pupils attending such schools, it shall be the duty of such board to submit same to the legal voters of such district. Such questions may be submitted to a special meeting or at any annual meeting ^provided fourteen days' notice is given thereof and by posting said notice on the schoolhouse or schoolhouses of such district and in such other public place or places as the district school board or board of education deems advisable, and in all cases the notice of such meeting shall call atten- tion to the fact that such question will be submitted, and in case of a majority of the legal voters of such district present and voting at such meeting are in favor of such free textbooks, it shall be the duty of the board to provide the same. All books purchased by school boards, as herein provided, shall be held as the property of the district and loaned to pupils of the district while pursuing a course of study therein, free of charge; but the school board shall hold such pupils responsible for any damage to, or loss of, or failure to return such books at the time and to the person that may be designated by the board of such district. Sec, 10. PENALTY FOR VIOLATION.] Any person, firm, company or corporation violating any provision of this act shall on conviction thereof be punished by fine not to exceed five hundred dollars, or by imprisonment not to exceed three months, or by both such fine and imprisonment at the discretion of the court. CHAPTER 15.— PATRIOTIC REQUIREMENTS. ARTICLE 59.— FLAG TO BE DISPLAYED. Sec. 1400. ON ALL PUBLIC SCHOOLS.] The school board or board of education of any city, town, or district, is authorized and required to purchase at the expense of the city, town or district, one or more flags of the United States, which shall be displayed in seasonable weather upon the school houses or flagstaff upon tlie school grounds during the school hours of each day's session of school. Sec. 1820. ON ALL PUBLIC INSTITUTIONS. APPROPRIATION.] The flag of the United States of America shall be displayed upon all state institutions between the hours of nine o'clock A. M. and four o'clock P. M. of each day. It is the duty of the officials in charge of the various state institutions to make the necessary arrangements for carrying out the provisions of this article, and there is hereby appro- priated the sum of ninety-two dollars or so much thereof as may be necessary out of all moneys in the state treasury not otherwise appro- priated to pay the expenses necessarily incurred in so doing, which said expenses shall be audited and paid by the State Treasurer in the same manner as bills for incidental expenses are paid and audited. Chap. 28, p. 21, 1915. STATE OF NORTH DAKOTA 219 Sec. 10232. PUNISHMENT FOR DESECRATION OF FLAG.] Any person who in any manner, for exhibition or display, shall place, or cause to be placed, any words or figures, or number, or marks, or inscription, or picture, or design, or device, or symbol, or token, or notice, or drawing, or any advertisement of any nature whatever, upon any flag, standard, color or ensign of the United States, or shall expose, or cause to be exposed, to public view any such flag, standard, color or ensign of the United States, upon which shall be printed, painted or otherwise placed, or to which shall be attached, appended, affixed or annexed, any words, or figures, or numbers, or marks, inscriptions, or pictures, or design, or device, or symbol, or token, or notice, or drawing, or any advertisement of any nature or kind whatever, or who shall expose to public view, or shall manufacture, or sell, or expose for sale, or have in possession for sale, or for use, any article or thing or substance, being an article of merchandise, or a receptacle of mer- chandise, upon which shall be printed, painted or attached, ,or otherwise placed, a representation of any such flag, standard, color or ensign of the United States, to advertise or call attention to, or to decorate, or to ornament, or to mark, or to distinguish, the article or thing on which so placed, or shall publicly mutilate, trample upon, or publicly deface, or defy, or defile, or cast contempt, either by words or act, upon any such flag, standard, color or ensign of the United States, shall be guilty of a misdemeanor. Sec. 10233. THE MEANING OF THE FLAG.] The words flag, stand- ard, color or ensign of the United States, as used in this chapter, shall include any flag, any standard, any color, any ensign, or any representation of a flag, standard, color, or ensign, or a picture of a flag, standard, color or ensign made from any substance whatever, and of any size whatever, evidently purporting to be either of said flag, standard, color or ensign of the United States, or a picture, or a representation of either thereof, upon which shall be shown the colors, the stars and stripes, In any number of either thereof, or by which the person seeing the same, without deliberation, may believe the same to represent the flag, or the colors, or the standard, or the ensign of the United States of America. Sec. 10234. EXCEPTIONS.] This chapter shall not apply to any act permitted by the statutes of the United States or by the United States army and naval regulations, nor shall this chapter be construed to apply to the regular issue of a newspaper or other periodical, on which shall be printed said flag, disconnected from any advertisement. Sec. 10235. PENALTY.] Any person offending against the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction, shall be punishable by a fine of not less than five, or to exceed twenty-five dollars, or by thirty days' imprisonment in the county jail, or by both such fine and imprisonment, in the discretion of the court. Sec. 1915. STATE FLAG.] The flag of North Dakota shall consist of a field of blue silk four feet four inches on the pike and five feet d 220 GENERAL SCHOOL LAWS six inches on the fly, with a border of knotted yellow fringe two and one-half inches wide. On each side of said flag in the center thereof, shall be embroidered an eagle with outspread wings and with opened beak, the eagle to be three feet four inches from tip to tip of wing, and one foot ten inches from top of head to bottom of olive branch hereinafter described; the right foot of the eagle shall grasp a sheaf of arrows, the left foot shall grasp an olive branch showing three red berries; on the breast of the eagle shall be displayed a shield, the lower part showing seven red- and six white stripes placed alternately; through the opened beak of the eagle shall pass a scroll bearing the words "B Pluribus Unum," beneath the eagle a scroll on which shall be borne the words "North Dakota"; over scroll carried through the eagle's beak shall be shown thirteen five-pointed stars, the whole device being surmounted by a sunburst. The flag shall conform in all respects as to color, form, size and device with the regimental flag carried by the First North Dakota Infantry in the Spanish-American War and Philippine Insurrection, except in the words shown on the scroll below- the eagle. ARTICLE 60.— MOTHERS' DAY. Sec. 1916. WHO SHALL DESIGNATE.] It shall be the duty of the Governor each year to designate the second Sunday in May as Mothers' Day, and the Governor shall issue a proclamation requesting the people of the state to assemble on that Sunday in their churches or at such other place or places as may be most convenient and proper for the purpose of paying respect and tribute to our mothers. ARTICLE 61.— STATE FLOWER. Sec. 1914. NAMED.] On and after the passage of this act the state floral emblem of North Dakota shall be the wild prairig rose (ROSA BLANDA OR ARKANSANA). CHAPTER 16.— HEALTH AND SANITATION. ARTICLE 62.— HEALTH INSPECTION OF PUPILS. Sec. 1346. HEALTH INSPECTION OF PUPILS IN PUBLIC SCHOOLS.] Upon being petitioned in writing by a majority of the school directors of the County the Board of County Commissioners shall employ one or more licensed physicians or graduate nurses, duly registered and licensed to practice nursing under the laws of this state, whose duty it shall be to visit the schools in the county and to inspect and examine the pupils attending said schools. The nurse or physician so appointed shall, under the supervision of the county board of health, examine at least once annually all children enrolled in the public schools of the county, except those who present a certificate of health from a licensed physician; and such nurse or physician shall make out suitable records for each child, a copy of which shall be filed with the county superin- tendent of schools and a copy with the county superintendent of public health. Notice of physical defects or abnormalities of diseased or ab- normal children shall be sent to the parents, with recommendations for STATE OF NORTH DAKOTA 221 the guidance of the parents in conserving the health of such child. The nurse or physician thus appointed shall co-operate with the state, county, city and township boards of health in dealing with contagious and infectious diseases and in securing medical treatment for abnormal or diseased indigent children. The school board or board of education of any school corporation in the state may, and when petitioned by a majority of the persons having children attending the schools of the district shall employ one or more licensed physicians or graduate nurses, duly registered and licensed to practice nursing in this state. The school nurse or physician thus ap- pointed shall, under the supervision of the local board of health, inspect and examine at least once annually all children enrolled in the public schools of the district, except those who present a certificate of health from a licensed physician, and such inspector shall make out suitable records for each child examined, one copy of which shall be filed with the county superintendent of schools and one with the county superin- tendent of health; but in districts within incorporated cities, one copy of such report shall be filed with the city superintendent of schools, one with the county superintendent of schools and one with the county superintendent of health. Notice of physical defects or abnormalities of diseased or abnormal children shall be given to the parents or guardians as prescribed in the preceding paragraph of this section, and such inspector shall co-operate with the state, county, city and town- ship boards of health in the manner provided in the preceding para- graph of this section. It shall be the duty of the city and county superintendents of schools to co-operate with school boards and boards of education in promoting health inspection. Where health inspection is provided by the school district, the board of education or the school board therein shall furnish all blanks and other needed supplies; and where inspection is furnished by the county commissioners, the county shall furnish the blanks and all necessary supplies. C. 135, p. 171, '15 — C. 210. p. 295, '17. Approved Feb. 14, 1919. Sec. 1403. SANITARY CONVENIENCES.] It shall be the duty of all boards of education and school boards in this state to provide suitable and convenient water closets or privies for each of the schools under their charge, at least two in number, which shall be entirely separate, each from the other, and having separate means of access; and it shall be the duty of the school officers aforesaid to keep the same in a clean, chaste and wholesome condition; and a failure to comply with the provisions of this article on the part of any board of education or school board, shall be sufficient grounds for removal from office and for with- holding from any district any part of the county tuition fund. Sec. 404. COUNTY BOARD OF HEALTH (Session Laws 1915).] There is hereby established county boards of health, composed of a president, vice-president and superintendent; the state's attorney in each county shall be president of the county board; the county superin- tendent of schools shall be vice-president, and the board of county com- missioners shall at the first meeting of the board each year appoint 222 GENERAL SCHOOL LAWS a superintendent of public health for the county, who shall be learned in medicine, and hold a license to practice medicine and surgery within the state, and the several persons appointed shall hold their offices for one year and until their successors are elected and qualified. Provided, however, that whenever the state board of health has reason to believe that the county superintendent of public health is failing to perform his duties as prescribed by law they may report the case to the board of county commissioners, and the latter may, after proper hearing, at their next meeting declare the office vacant, and appoint another physician in his place for the remainder of the unexpired term. Sec. 426. CONTAGIOUS DISEASES.] No principal, superintendent or teacher of any school, and no parent or guardian of any minor child, shall permit any child having scarlet fever, diphtheria, smallpox, whoop- ing cough, measles or any other dangerous, infectious or contagious disease, or any child residing in any house in which any such disease exists or has recently existed to attend any public or private school until the local board of health shall have given permission therefor. VACCINATION NOT NECESSARY. (S. B. No. 31, 1919) Sec. 1. VACCINATION OR INOCULATION NOT TO BE MADE A CONDITION PRECEDENT.] No form of vaccination or inoculation shall hereafter be made a condition precedent, in this state, for the admission to any public or private school or college, of any person, or for the exercise of any right, the performance of any duty, or the enjoyment of any privilege, by any person. Approved February 14, 1919. PROHIBITING PUBLIC DRINKING CUPS Sec. 2952. The use of public drinking cups on railroad trains, in railroad stations, in the public, parochial, or private schools, and other educational institutions and other public buildings of the state of North Dakota, is hereby prohibited from and after September 1, 1913. Sec. 2953. No person or corporation in charge of any railroad train or station, no school board, board of education, town board of school directors, or board of trustees of any public, parochial, or private school or educational institutions and other public buildings shall furnish any drinking cups for public use, and no person or corporation shall permit upon said railroad trains or in station, or at any said public, parochial, or private school, or educational institution, the common use of drinking cups. See. 2954. Whosoever violates the provisions of this act shall be deemed guilty of a misdemeanor and shall be liable to a fine not to exceed twenty-five dollar^ for each offense. RHEA V. BOARD OF EDUCATION OF DEVILS LAKE SPECIAL SCHOOL DISTRICT. 1. Section 400 of the Compiled Laws of 1913, making it the duty of the board of health to make and enforce all needful rules and regula- ticns for the prevention and cure of contagious and infectious diseases, is construed, and held not to authorize the board of health to issue STATE OF NORTH DAKOTA 223 an order denying to children the right to attend the public schools except upon condition of being vaccinated, where it appears that there is no prevailing epidemic of smallpox and no imminent danger from this disease is reasonable to be anticipated. 2. Sections 1346 and 426 of the Compiled Laws of 1913, defining the duties of school officers with reference to the supervision of the health of school children and their exclusion from schools when infected with infectious or contagious diseases, are construed, and held pot to authorize the exclusion for nonvaccination, in the absence of a showing of danger due to the existence of smallpox in the community, or that such danger is reasonably imminent. 3. Section 425 of the Compiled Laws of 1913, which provides for the vaccination of minors, and section 426, which enumerates the causes for which children may be excluded from schools, among which non- vaccination is not included, are construed together, and it is held that the reasonable construction is that children are not to be excluded from schools on the sole ground of nonvaccination. 4. Boards of health and boards of education possess only such powers as the statutes confer upon them. 5. The power to legislate cannot be delegated to boards of health and boards of education. 6. When the legislative policy is determined by competent legislative authority, ample administrative powers may be vested in executives or boards, to the end that the legislative rule may be properly enforced. 171 N. W. 103. ARTICLE 63.— FUEL, LIGNITE COAL. Sec. 1828. PUBLIC INSTITUTIONS TO USE.] The various state institutions, county buildings and public school houses in this state shall use for fuel, native or lignite coal, or lignite coal products, and it shall be unlawful for any officer to purchase for use in such institutions, county buildings and public schools any coal other than that taken from the mines within the boundaries of this state. This section shall not be construed, however, as prohibiting the use of other coal or wood at such institutions, county buildings and public schools, when the cost thereof does not exceed that of native coal, or the use of coal other than native lignite coal or lignite coal products at such public schools as are located six miles or more from any mine or railroad station within the boundaries of this state; provided, that the comparative cost of such fuel is not greater than that of lignite coal, or lignite coal products. PURCHASE ON PROPOSAL.] All purchases of lignite coal shall be based upon proposals published in some newspaper, published in and having a general circulation in the state of North Dakota, and copies of said proposals shall be filed in the office of the Secretary of State at Bismarck, North Dakota, on or about the date thereof and said pur- chases of lignite coal shall be made from the lowest responsible bidder and shall be based on the following Standard Contract Grade. 224 GENERAL SCHOOL LAWS WHAT CONSTITUTES A TON.] Two thousand (2.000) pounds shall constitute one (1) ton Standard Contract Grade of lignite coal. AMOUNT OP MOISTURE ALLOWED.] Standard Contract Grade of lignite coal shall contain as delivered thirty-three (33) per cent, of moisture as deterrained at one hundred and five (105) degrees Centigrade (c). For actual weight of moisture above thirty-five (35) per cent, deduct proportionately the price per ton. AMOUNT OP ASH PERMITTED.] Standard Contract Grade Lignite Coal, waterfree basis, shall contain from ten (10) to fifteen (15) per cent, of ash. Por each one (1) per cent, of ash above fifteen (15) per cent, deduct two arui one-quarter (2%) per cent, of the bid price per ton. Por each one (1) per cent, below the ten (10) per cent, add one and three-fifth (1 3/5) per cent, of the bid price per ton. AMOUNT OP SULPHUR.] Standard Contract Grade Lignite Coal shall contain, water-free basis, not over two (2) per cent, of sulphur. For each one (1) per cent, or major fraction thereof above two (2) per cent, deduct two (2) per cent, of the bid price per ton. NUMBER OP B. T. U.'S.] Standard Contract Grade Lignite Coal shall contain, water-free basis, nine thousand five hundred (9,500) British Thermal Units (B. T. U.) and the price per ton shall be based upon that number of heat units. When the British Thermal Units (B. T. U.) are in excess of that amount, such excess shall be paid for propor- tionately; and if the contents are less than nine thousand five hundred (9,500) British Thermal Units (B. T. U.) then a proportionate amount shall be deducted from the price. PACTS TO BE AGREED UPON.] The method of ascertaining the above facts shall be agreed upon between buyer and seller; provided, that any school or institution which does not use to . exceed fifty (50) tons of coal in any one year shall not be required to publish for pro- posals as herein provided. PENALTY.] Any board having charge or control of such school or institution which shall purchase fuel in violation of the provisions of Section 1828, shall be personally liable for the purchase price thereof and such school or institution shall not be liable therefor. Provided, however, that this Act shall not apply to country schools or public buildings where no janitor is employed. STATE OF NORTH DAKOTA 225 Division 5. — The Teaching Force. CHAPTER 17.— TRAINING THE TEACHERS. ARTICLE 64.— THE STATE NORMAL SCHOOLS. Sec. 1578. SCHOOLS DESIGNATED.] The normal schools established and located at Valley City in the county of Barnes, and Mayville in the county of Trail, and the normal school authorized and located at Minot in the county of Ward, and any other normal schools as they may hereafter be established and located, shall be the normal schools of the state. ***** Sec. 1579. PURPOSE OF SCHOOLS.] The purpose of the state normal schools shall be to prepare teachers in the science of education and the art of teaching for the public schools of the state. Said schools shall in all things be free from political and sectarian control. * * * Sec. 1580. INTEREST AND INCOME.] All proceeds accumulating in the interest and income fund arising from the sale or rental of the lands granted or hereafter to be granted by the state to any of the several normal schools are hereby pledged for the establishment and maintenance of such schools. ***** Sec. 1581. SEPARATE FUNDS.] All moneys arising from interest and income, appropriation and taxation, or in any other manner, be- longing to any of the several schools, shall be deposited with the state treasurer and kept by him in separate fundis to be known by the names of the different schools to which. they belong and to be used exclusively for the benefit of such schools. ***** Sec. 1587. MONEYS, GROUNDS, BUILDINGS AND EXPENSES.] The board shall direct the disposition of all moneys arising from interest and income, appropriation and taxation, or in any other manner, and belonging to the different schools. It shall have supervision and control of the grounds, buildings and equipment of the different schools, includ- ing all care and construction, and all expenses incurred therewith and under the direction of the board shall be audited and allowed by the board. ***** Sec. 1588. FACULTIES AND EMPLOYEES.] The board shall elect the members of the faculties and engage the employees of the different schools, fix their salaries, prescribe their duties and for sufficient cause remove any of them at any time. ***** Sec. 1589. RULES, INSPECTION AND COURSES OF STUDY.] The board shall make the necessary rules and regulations for its government and control of the normal schools and it shall, as a whole, or by com- mittee, visit and inspect each school at least twice a year. It shall determine the yearly calendar and courses of study for the different 226 GENERAL SCHOOL LAWS schools, which courses of study shall be uniform for each of the several schools and embrace the academic and professional branches usually taught in normal schools; provided that none of such courses of study shall extend more than two years beyond the course of study prescribed in a high school of the first class. • • ♦ ♦ * Sec. 1590. FACULTIES AND RULES.] The faculty of each school shall consist of the president and the teachers. It shall make all needful rules and regulations for the immediate educational administration of the school, especially as relating to program, classification, attendance, discipline, instruction, morals, decorum, health, records and other things pertaining to the welfare of the students. * * • * • Sec. 1591. PRESIDENT, DUTIES, EXPENSES.] The president of each school shall be the chief executive of the school and shall see that all rules and regulations made by the board and faculty are en- forced. All teachers and employees of the school shall be under his supervision. He shall at such times as the board may designate recom- mend, after careful investigation as to their qualifications, suitable per- sons for the various positions in the school. He may be the accounting officer and the purchasing agent for the school under such regulations as the board may malie. He shall attend the meetings of the board of trustees, and at such meetings he shall have voice without vote. For attendance at such meetings he shall receive only actual and necessary expense, which shall be paid as herein provided for members of the board. ***** Sec. 1592. PRESIDENT AND ANNUAL REPORT.] The president of each school shall make to the board at its annual June meeting a complete report showing the condition of the school at the time and throughout the previous year, and containing recommendations of such things as the welfare of the school demands. The report shall contain a complete financial statement and information concerning the various things pertaining to the welfare of students and as herein described. ***** Sec. 1593. BOARD AND BIENNIAL REPORT.] The board shall make to the governor on or before the fifteenth day of October next preceding each biennial session of the legislature, a complete report based upon the annual reports of the presidents of the different schools for the two years previous. ***** Sec. 1594. DIPLOMAS.] The board of trustees and the faculty of each school shall issue diplomas of appropriate grade to all persons com- pleting any of the courses of study in the school, known to possess good moral character, and having met all requirements made by the board and the faculty, which diplomas shall set forth the above men- tioned facts and be designated state normal school diplomas. * * • * Sec. 1595. DIPLOMAS AND LICENSES.] All diplomas issued as herein described shall have value as teachers' license according to the pro- visions of the certification laws of the state. • * • * * Sec. 1553. GRADUATES ENTITLED TO CERTIFICATES TO TEACH.] After any person has graduated at the university, and after such grad- STATE OF NORTH DAKOTA 227 uation has successfully taught a public school in this state for sixteen months, the superintendent of public instruction shall have authority and it shall be his duty to countersign the diploma of such teacher If upon examination he is satisfied that such person has a good moral character and is possessed of sufficient learning and ability to teach. Any person holding a diploma granted by the board of trustees of such university, certifying that the person holding the same has graduated from such university, shall, after his diploma has been countersigned by the superintendent of public instruction as aforesaid, be deemed qualified to teach any of the public schools in the state, and such diploma shall be a certificate of such qualification until annulled by the superin- tendent of public instruction. ARTICLE 65.— THE TRAINING OF TEACHERS IN SERVICE. Sec. 1391. TEACHERS' COUNTY INSTITUTE FUND.] All money received by the county superintendent from examination fees for the county institute fund, and all money paid into this fund from the county general revenue fund, shall be used by him to aid in the support of teachers' institutes or teachers' training schools, district teachers' meet- ings and annual school officers' meetings, to be held within or for the county and to pay necessary expenses incurred therein . The county superintendent shall present an itemized statement, duly verified, to the • county auditor for the amount of all such necessary expenses and the auditor shall issue a warrant therefor as provided by law. The county superintendent shall, at the end of each year, submit a full and accurate statement of the receipts and expenditures of these funds, under oath, to the superintendent of public instruction. Sec. 1392. APPROPRIATION FOR INSTITUTE FUND. DESIGNA- TION OF CONDUCTORS.] There is hereby appropriated out of any funds in the state treasury not otherwise appropriated, the sum of one hundred dollars each year to each organized county in the state which shall be designated as the state institute fund, and which shall be used exclusively in employing persons of learning, ability and experience as conductors, assistants and lecturers, of teachers' institutes. The superin- tendent of public instruction after consultation with the county superin- tendent as to the special needs and wants of their respective counties, shall appoint the time, place and duration of these institutes, and training schools, and shall designate the persons to act as conductors, assistants and lecturers of the same, as in his judgment the needs of the various counties demand. Sec. 1393. INSTITUTE FUND, HOW PAID OUT.] It shall be the duty of the county superintendent of schools in all cases to consult with the state superintendent of public instruction in reference to the management of such institute or teachers' training school, and he shall carry out the suggestions of such state superintendent as to the modes of instruction. No salary shall be paid to any conductor or instructor not previously appointed or employed as herein provided. The money hereby appropriated from the state treasury for the support of teachers' 228 GENERAL SCHOOL LAWS institutes or teachers' training schools shall be paid to the persons to whom it is due by warrant of the state auditor upon the state treasurer, which shall be issued upon the presentation of an account in due form, verified by the person to whom due, and approved by the state superin- tendent of public instruction; provided, that all the state and county institute funds provided by law, of one or more counties may be applied to the support of a teachers' training school for such county or counties at the request of the county superintendent of such county or counties with the consent and under the direction of the state superintendent of public instruction. Sec. 1394. MUST FILE STATEMENT OF NUMBER OF SCHOOLS.] Where a teachers' training school of not less than three weeks' duration is held within or for any county, the conductor of such training school and the county superintendent shall file a certified statement with the county auditor, specifying the time and place of such teachers' training school and the county superintendent shall certify to the total number of schools and separate departments in graded and high schools in said county in which school has been taught at least four months during the preceding school year. The county auditor shall file a copy of said statement with the county treasurer who shall thereupon transfer from the county general revenue fund to the county institute fund the sum of two dollars for each school or separate department in high and graded schools in the county, as per specified statement filed with the- county auditor. Sec. 1395. EXPENSES OF CONDUCTOR, ASSISTANTS AND LEC- TURER.] The traveling and other necessary expenses of institute con- ductors, assistants and lecturers, in counties where a one week's institute is held, shall be paid from the institute fund of the county. Upon the filing of an Ite^iized statement with the county auditor of the necessary expenses incurred in connection with his work as institute conductor, assistant or lecturer, as the case may be, duly verified, and approved by the county superintendent of schools, the county auditor shall draw a warrant on the county treasurer for the amount due which shall be paid from the institute fund of the county. Sec. 1396. READING CIRCLE BOARD.] The state board of examiners shall be the state reading circle board and as such shall prescribe the course of reading for the teachers' reading circle of the counties of the state and shall make all rules and regulations for conducting the reading circle work and granting of credit therefor. Sec. 1401. SUPERINTENDENTS, PRINCIPALS, TEACHERS ATTEND- ING THE NORTH DAKOTA EDUCATIONAL ASSOCIATION.] The board of education in special or independent districts, or the school district board in any common school district is hereby authorized to allow the superintendent, principal or teachers of the schools under its charge, to attend, without loss of salary, any meeting of the North Dakota or other educational association which may be held within this state while the schools of such district are in session. STATE OF NORTH DAKOTA 229 CHAPTER 18.— EXAMINATION AND CERTIFICATION OF TEACHERS. ARTICLE 66.— THE BOARD OP EXAMINERS. Sec. 1357. ANNUAL REPORT.] The board shall, on or before the first day of November of each year, make a report to the governor covering the school year ending June 30th, preceding, setting forth in detail all its official transactions. Sec. 1358. DUTIES.] The state board of examiners shall prepare or cause to be prepared all questions for examinations for all certifi- cates to teach in this state, and shall prescribe the rules and regula- tions governing the same, shall examine, mark and file all answer papers for all certificates or cause the same to be done, and shall issue all certificates to teach in the public schools of this state. ARTICLE 67.— CERTIFICATES. Sec. 1359. CLASSES OF CERTIFICATES NAMED.] There shall be four regular grades of certificates issued by the board of examiners. These shall be issued only to persons of good moral character who fulfill all the requirements specified by law and by the rules and regulations of the board, viz: (1). The second grade elementary certificate. (2). The first grade elementary certificate. (3). The second grade professional certificate. (4). The first grade professional certificate. Sec. 1360. SECOND GRADE ELEMENTARY CERTIFICATE.] The second grade elementary certificate shall be granted to those persons over eighteen years of age who are found proficient in the following subjects: reading, arithmetic, language and grammar, geography. United States history, physiology and hygiene (including physical culture), civil government, pedagogy, and any one of the following named subjects: music, drawing, agriculture, nature study, domestic science, manual training; provided, that the board of examiners may in their discretion specify which of the above subjects may be required. The proficiency of the applicants in spelling and writing may be required. The pro- ficiency of the applicants in spelling and writing will be determined from the papers submitted by the applicants. The second grade ele- mentary certificate shall be valid for two years in any county in the state when recorded by the county superintendent of schools. It shall qualify the holder to teach in any grade in rural and graded schools up to and including the eighth grade, and may be renewable by the county superintendent of schools under rules prescribed by the board of examiners. Sec. 1361. FIRST GRADE ELEMENTARY CERTIFICATE.] The first grade elementary certificates shall be granted to those persons over twenty years of age who have had at least eight months' experience in teaching and who, in addition to those subjects required for a second grade elementary certificate, are found proficient in elements of psy- chology and four of the following subjects of secondary grade: ele- 230 GENERAL SCHOOL LAWS mentary algebra, plane geometry, physics, physical geography, botany, the elements of agriculture, nature study, manual training, domestic science and American literature. The first grade elementary certificate shall be valid for three years in any county in the state when recorded by the county superintendent of schools. It shall qualify the holder to teach in any grade in any school in the state up to and including the eighth grade and the ninth grade of schools doing not over one year of high school work, and may be renewable by the county superintendent of schools under rules prescribed by the beard of examiners. Sec. 1362. SECOND GRADE PROFESSIONAL CERTIFICATE.] The second grade professional certificate shall be gi'anted to those persohs who are at least twenty years of age and who have had at least nine months' experience in teaching and have the qualifications necessary for a first grade elementary certificate, and who in addition are found proficient in the following subjects of advanced grade: (1) psychology, (2) the history of education, (3) the principle of education, (4) school administration, (5) methods in elementary subjects, (6) rhetoric and composition, (7) American or English literature, (S) Ancient, English or American history, (9) some one natural science (which may include agriculture), (10) higher algebra, solid geometry, manual training or domestic science. The second grade professional certificate shall legally qualify the holder to teach in any of the common, graded or high schools of the state, except in the high school departments of schools doing four years of high school work. It shall be valid for a period of five years and shall be renewable in the discretion of the board for a period of years or for life. Sec. 1363. FIRST GRADE PROFESSIONAL CERTIFICATE.] The first grade professional certificate shall be granted to those persons who have substantially the equivalent of a college education, and who have had at least eighteen months' experience in teaching. They shall have all the qualifications necessary for a second grade professional certificate, and in addition thereto, be found proficient iia the following subjects: (1) foreign language, (2) a natural science other than the one presented for the second grade professional certificate, (3) ethics, logic of sociology, (4) political science, economics or domestic science, (5) any two subjects of college grade listed for the second grade professional certificate and not previously offered by the applicant. The first grade professional certificate shall qualify the holder to teach in all the common, graded and high schools of the state, and shall be valid for five years, or for life. Sec. 1364. SPECIAL CERTIFICATES.] The board may grant special certificates authorizing the holders to teach in any of the common, graded or high schools (1) drawing. (2) music, (3) kindergarten, or (4) primary subjects, to teachers holding at least a second grade elementary certificate. Special certificates to teach (1) agriculture, (2) commer- cial subjects, (3) domestic science, or (4) manual and industrial training in the common, graded or high schools of the state, may be issued to applicants Avho possess qualifications equivalent to those required for a STATE OF NORTH DAKOTA 231 second grade professional certificate. The applicant for a special certifi- cate must satisfy the board by examination or otherwise of his pro- ficiency in the subject which the holder is authorized to teach. Special certificates shall be valid for such a term of years as the board shall prescribe. ARTICLE 68.— DIPLOMAS AND ACCREDITING. Sec. 1365. DIPLOMAS ACCREDITED.] The diplomas granted on the completion of the four-year curriculum of Teachers' College of the University of North Dakota, shall be accredited as a first grade pro- fessional certificate for two years, and after the holder has had nine months' successful experience in teaching, satisfactory evidence of which having been filed with the board, such diploma shall entitle the owner to a first grade professional certificate for lite. (2) THE DIPLOMA FROM THE ADVANCED, OR FIVE-YEAR CUR- RICULUM of the state normal schools, or its equivalent, the two-year curriculum for high school graduates, shall be accredited as a second grade professional certificate for two years, and after the holder has had nine months' successful experience in teaching, satisfactory evi- dence of which having been filed with the board, such diploma shall entitle the holder to a second grade professional certificate valid for life. (3) THE DIPLOMA FROM THE FOUR-YEAR CURRICULUM of the state normal schools or its equivalent, the one-year curriculum for high school graduates shall be accredited as a professional certificate of the second grade for two years, and, after the holder has had nine months' successful experience in teaching, satisfactory evidence of which having been filed with the board, shall entitle the holder to a second grade professional certificate, valid for five years, which certificate shall be renewable in the discretion of the board. (4) THE CERTIFICATE OF COMPLETION ISSUED by the state normal schools to those who complete the ten and one-half months' curriculum of the state normal schools shall entitle the holder to a second grade elementary certificate. Sec. 1366. OTHER DIPLOMAS ACCREDITED.] Diplomas from insti- tutions within or without the state shall be accredited, and professional certificates issued thereon upon the following basis: (a) the bachelor's diploma from a college of recognized standing shall be valid for a period of two years,, after its presentation to the board, as a first grade professional certificate, provided, that the diploma implies at least two year courses, or sixteen semester hours, of professional preparation for teaching, or in lieu of such professional study, that the holder of the diploma has had three years' successful experience in teaching or in administering schools after receiving such diploma; and after the holder has had nine months' successful experience in teaching, after the pres- entation of such diploma, satisfactory evidence of such experience hav- ing been filed with the board, he shall be entitled to a first grade professional certificate which shall be valid for five years and which 232 GENERAL SCHOOL LAWS shall be renewed for life upon satisfactory evidence of successful ex- perience for five years. . (b) The diploma or certificate from institutions whose curriculum is the equivalent of the four-year or the five-year curriculum of the state normal schools shall be valid for two years as a second grade professional certificate, provided, that the diploma or certificate implies at least two-year courses, or sixteen semester hours, of professional preparation for teaching or, in lieu of such professional study, that the holder of the diploma has had three years of successful experience in teaching or in administering schools after receiving such diploma; and after the holder of such diploma has had nine months of successful experience in teaching after receiving such diploma, satisfactory evi- dence of such experience having been filed with the board, he shall be entitled to a second grade professional certificate valid for five years or for life respectively. Sec. 1054. GRADUATES ENTITLED TO CERTIFICATES TO TEACH.] After any person has graduated at the university, and after such grad- uation has successfully taught a public school in this state for sixteen months, the superintendent of public instruction shall have authority and it shall be his duty to countersign the diploma of such teacher if upon examination he is satisfied that such person has a good moral character and is possessed of sufficient learning and ability to teach. Any person holding a diploma granted by the board of trustees of such university, certifying that the person holding the same has graduated from such university, shall after his diploma has been countersigned by the superintendent of public instruction as aforesaid, be deemed qualified to teach any of the public schools in the state, and such diploma shall be a certificate of such qualification until annulled by the superintendent of public instruction. Sec. 1367. PERMITS.] A college graduate without experience or the required professional preparation may, for reasons satisfactory to the board, be granted a permit, or probationary certificate, valid until such time, not to exceed six months, or shall be set by the board for his examination on the professional subjects, when, if successful he may be ganted a certificate, valid for a term of years or for life. Permits to teach till the next regular examination may be granted by the county superintendent of schools to any person applying at any time other than the regular examinations, who can show satisfactory reasons for not attending the previous examination and satisfactory evidence of qualifi- vation, subject to the rules and regulations of the board. Sec. 1368; ACCREDITED WORK.] The board of examiners shall be authorized to accredit, under its rules and regulations, the specific marks or standings given in high schools, summer schools, normal schools and the other institutions of this state, when upon investigation it deems such standings good evidence of proficiency in the subjects specified. Sec. 1369. HIGH SCHOOL DIPLOMAS.] Diplomas from North Dakota high schools doing four years' work, granted to graduates who have STATE OF NORTH DAKOTA 23J had psychology, school management and methods of instruction, and three senior-review subjects, shall be accredited as second grade ele- mentary certificates; and if within two years from the date of the diploma the holder has had at least eight months' successful experience in teaching, he shall be entitled to a first grade elementary certificate. Chap. 130, p. 169, 1915. ARTICLE 69.— EXAMINATIONS. Sec. 1370. EXAMINATION CONDUCTED BY COUNTY SUPERIN- TENDENT.] Under the direction of the state board of examiners, the county superintendent shall hold a public e:s:amination of all persons over eighteen years of age offering themselves as applicants for teachers' certificates, at the most suitable place or places in the county on the second Thursday and Friday in February, May, August and November oi; each year, and when necessary such examination may be continued on the following day. He shall examine them by a series of written or printed questions, according to the rules prescribed by the state board of examiners. The county superintendent shall forwai'd all answer pa- pers submitted by applicants immediately after the close of the exami- nation to the state board of examiners, for examination, marking, filing and recording. The state board of examiners by its president and sec- retary shall grant to each applicant a certificate of qualification, if from the percentage of correct answers required by the rules, said applicant is found to possess the requisite knowledge and understanding to teach, in the common schools of the state, the various branches required by law; provided, that sufficient evidence is furnished that the candidate is a person of good moral character, has had successful experience, if any, and possesses an aptness to teach and govern. ARTICLE 70.— VALUE OF CERTIFICATES. Sec. 1371. PAPERS TO BE KEPT ON FILE. APPEALS.] The writ- ten answers of applicants for elementary certificates, after being duly examined under the direction of the state board of examiners, shall be kept on file in the office of the secretary of the board of examiners for a period of six months after such examination, and any applicant thinking an injustice has been done him, may, by paying a fee of one dollar in the institute fund of the county and notifying both the county superintendent and the secretary of the board of examiners of the same, have his papers specially re-examined by the board, and, if such answer papers warrant it, the state board of examiners shall issue such appli- cant an elementary certificate of the proper grade. Sec. 1372. QUALIFICATIONS OF TEACHERS.] No certificate or permit to teach shall be issued to any person under eighteen years of age, and no first grade elementary certificaice to any person who is under twenty years of age, and who has not taught successfully eight months' school. First and second grade elementary certificates may be renewed without examination, under such requirements as shall b© imposed by the state board of examiners. The certificates issued by 234 GENERAL SCHOOL LAWS the state board of examiners shall T)e valid iu any county in this state when recorded by the county superintendent of schools. Sec. 1373. TEACHER MUST HOLD CERTIFICATE, TO BE RECORD- ED.] No person shall be employed or permitted to teach in any of the public schools of the state except those in cities organized for school purposes under special laws, or organized as independent districts under the general school laws, who is not the holder of a lawful certificate of qualification or a permit to teach, and no teacher's certificate, issued by the state board of examiners nor a teacher's diploma granted by any institution of learning in this state shall entitle a person to teach in such public schools of any county, unless such certificate or diploma shall have been recorded in the office of the county superintendent of the county in which the holder is engaged to teach, and it shall be the duty of the county superintendent to record such certificate or diploma. Sec. 1178. CERTIFICATE NECESSARY TO LEGAL EMPLOYMENT.] It shall employ the teachers of the school district and may dismiss a teacher at any time for plain violation of contract, gross immorality, or flagrant neglect of duty. No person shall be permitted to teach in any public school who is not the holder of a teacher's certificate or a permit to teach, valid in the county or district in which such school is situated, and every contract for the employment of a teacher must be in writing and such contract must be executed before such teacher begins to teach in such school; provided, that no teacher holding a valid certificate shall receive less than forty-five dollars per month. Nothing in this sectioii shall be construed to mean that teachers holding the same grade certificate must necessarily receive the same salary. Sec. 1374. CERTIFICATES, WHEN REVOCABLE.] The state board of examiners is authorized and required to revoke and annul at any time a certificate granted in this state, for any cause which would have authorized or required it to refuse to grant the same, if known at the time it was granted, and for incompetency, immorality, intemperance, cruelty, crime against the laws of the state, breach of contract, refusal to perform his duty, or for the general neglect of the work of the school. The revocation of the certificate shnll terminate the employ- ment of such teacher in the school where he may be at the time em- ployed. Such teacher must be paid up to the time of receiving notice of such revocation. The state board of examiners shall immediately cause notice to be sent to the clerk of the school district where such teacher is employed and notify the teacher through the clerk, of such revocation; and it shall also notify each county superintendent in the state, and shall enter its action in such case on its records. Sec. 1375. PROCEEDINGS TO REVOKE. TEACHER ALLOWED DE- FENSE.] In proceedings to revoke a certificate the board of examiners may act upon personal knowledge or upon competent evidence obtained from others. In the latter case action shall be taken only after a fair hearing, and the teacher must be notified of the charge and given an opportunity to make a defense at such time and place as may be stated in such notice. Upon their own knowledge the board may act imme- STATE OF NORTH DAKOTA 235 diately without notice, after an opportunity has been afforded such teacher for personal explanation. When any certificate is revoked the teacher shall return it to the secretary of the state board of examiners, but if such teacher refuses or neglects so to do the board may issue notice of such revocation by publication in some newspaper printed in the county where the accused was last employed. Sec. 1376. FEES FOR CERTIFICATES.] The state board of exam- iners shall require a fee of five dollars from each applicant for a first grade professional certificate, and a fee of three dollars from each applicant for a second grade professional certificate or for a special certificate. The same fee shall be charged for a renewal of a profes- sional or special certificate as is charged for its issuance. The county superintendent shall collect a fee of two dollars from each applicant for an elementary certificate, and a fee of one dollar for each renewal of an elementary certificate. A deposit of the fee required for any certificate sought must be made when a permit is issued, which deposit shall be forfeited in case the applicant fails to take the following exami- nation. Sec. 1377. DISPOSITION OF FEES.] One dollar of each fee col- lected by the county superintendent from the applicants for elementary certificates, and all fees received for the renewal of elementary certifi- cates shall be paid into the county teachers' institute fund to be used in support of teachers' institutes or teachers' training schools for the county as provided by law, and one dollar of each fee from applicants for elementary certificates shall be forwarded to the state board of examiners who shall deposit all fees received by them in the state treasury as a fund from which to pay the clerical help, per diem and all other expenses incurred by the board in the discharge of their duties, and to aid in the establishment and maintenance of teachers' reading circles and in the professionalizing of teaching in such other ways as the board may deem advisable. CHAPTER 19.— THE DUTIES OF TEACHERS. ARTICLE 71.— DUTIES, POWERS, PRIVILEGES OF TEACHERS Sec. 1378. OF CITY AND VILLAGE SUPERINTENDENTS.] The superintendents of schools in all districts employing such officer, shall, subject to the final authority of the board, supervise the administration of the course of study, visit schools, examine classes, and have general supervision of the professional work of the school, including the holding of teachers' meetings and the classification cf teachers. The superin- tendent, from time to time, shall make reports to the board of educa- tion embodying recommendations relative to tne employment of teachers and janitors, adoption of text books, changes in the course of study, enforcement of discipline, and general school matters; and shall also make such other reports and perform such other duties as the board of education may direct and delegate. Sec. 1379. TEACHER TO GIVE NOTICE OF OPENING AND CLOSING 236 GENERAL SCHOOL LAWS OF SCHOOL.] Each teacher on beginning a term of school shall give written notice to the county superintendent of the time and place of opening such school and the time when it will probably close, and prior to receiving salary for the first month each teacher must exhibit his certificate or permit to teach to the clerk of the district school board. If such school is to be suspended for one week or more in such term the teacher shall notify the county superintendent of such suspension. Sec. 13S0. WHEN TEACHER NOT ENTITLED TO COMPENSATION.] No teacher shall be entitled to or receive any compensation for the time he teaches in any public school without a certificate or permit to teach, valid and in force for such time in the county where such school is taught, except that if a teacher's certificate shall expire by its own limitation within six weeks of the close of the term, such teacher may finish such term without re-examination or renewal of such certificate. Sec. 13S1. TEACHER'S REGISTER.] Each teacher shall keep a school register and at the close of each term make a report containing the number of visits of the county superintendent and such items and in such form as shall be required. Such report shall be made in dupli- cate, both copies of which shall be sent to the county superintendent who, if he finds such report to be correct, shall immediately return one copy to the district clerk to be filed with him. No teacher shall be paid the last month's salary in any term until such report shall hava been approved by the county superintendent and one copy returned to the district clerk. Sec. 13S2. SCHOOL YEAR AND SCHOOL WEEK DEFINED. HOLI- DAYS.] The school year shall begin on the first day of July and close on the thirtieth day of June of each year. A school week shall consist of five days and a school month of twenty days. No school shall be taught on a legal holiday or on Saturday, provided ,however, that on February the twelfth (Lincoln's Birthday), February twenty-second (Washington's birthday) and May the thirtieth (Memorial day) all schools in session shall assemble for a portion of the day and devote the same to patriotic exercises consistent with the day, unless such holiday shall fall upon Satxirday or Sunday. A legal holiday in term time falling upon a day' which would otherwise be a school day shall be counted and the teacher paid therefor, but no teacher shall be paid for Saturday or be permitted to teach on Saturday to make up for the loss of a day in the term. Sec. 1383. BRANCHES TO BE TAUGHT.] Each teacher in the com- mon schools shall teach pupils as they are sufficiently advanced to pursue the same, the following branches: Orthography, reading, writing, arithmetic, language lessons, English grammar, geography, and lessons in nature study and elements of agriculture, United States history, civil government, physiology and hygiene, giving special and thorough in- struction concerning the nature of alcoholic drinks and narcotics, and their effect upon the human system. There shall also be taught in every school in connection with physiology and hygiene simple lessons in the nature treatment and prevention of tuberculosis and other contagious STATE OF NORTH DAKOTA 2S7 and infectious diseases. All pupils in the above mentioned schools below the high school and above the third year of school work com- puting from the beginning of the lowest primary year, shall receive instructions in hygiene every year from text books adapted to grade in the hands of pupils for not less than four lessons per week for ten weeks of each school year. In all schools above mentioned, all pupils in the (three) lowest three primary school years, shall each be instructed orally in hygiene for not less than three lessons per week for ten weeks of each school year by teachers using text books adapted to grade for such instruction as a guide or standard. Each teacher in schools in special districts and in the cities organized for school purposes under special law shall conform to and be governed by the provisions of this section. Sec. 1384. TEACHING HUMANE TREATMENT OF ANIMALS.] Ther«s shall be given in the public schools of North Dakota, in addition to other branches of study now prescribed, instruction in the humane treatment of animals; such instruction shall be oral and shall consist of not less than two lessons of ten minutes each per week. Sec. 1385. MUST ATTEND TEACHERS' INSTITUTE AND TEACH- ERS' TRAINING SCHOOLS. PENALTY FOR FAILURE TO ATTEND.] When a teachers' institute or teachers' training school is appointed to be held in or for any county it shall be the duty of the county superin- tendent to give written or printed notice thereof to each teacher in the public schools of the county, and as far as possible to call others not then engaged in teaching, who are holders of teachers' certificates, at least ten days before the opening of such institute or teachers* training school of the time and place of holding it. Each teacher receiving such notice, engaged in teaching a term of school which includes wholly or in part the time of holding such institute or teachers' training school, shall close school and attend the same and shall be paid by the school board of the district his regular salary as , teacher for the time he attended such institute or teachers' training school, as certified by the county superintendent, but no teacher shall receive pay unless he has attended four days nor shall any teacher receive pay for more than five days. PENALTY FOR FAILURE TO ATTEND.] The county superintendent may revoke the certificate of any teacher in his county for inexcusable neglect or refusal after due notice to attend a teachers' institute or teachers' training school held for such county. The provisions of this section shall not apply to high school teachers, nor to teachers in cities organized for school purposes under a special law, nor to teachers in cities organized as independent districts under the provisions of this chapter. CHAPTER 20.— TEACHERS' INSURANCE AND RETIRE- MENT FUND. ARTICLE 72.— THE BOARD OF TRUSTEES Sec. 1495. CREATION OF FUND AND MEMBERSHIP OF BOARD.] 238 GENERAL SCHOOL LAWS There is created a teachers' insurance and retirement fund, which shall be managed by a board of trustees to be known as the board of trustees of the teachers' insurance and retirement fund. Such board shall con- sist of five members. The state treasurer and the state superintendent of public instruction shall be ex-officio members of said board; three members, one of whom shall be a woman, shall be appointed by the governor from among the members of the teachers' retirement fund as provided for in this act. One such appointive member may be a retired member of the fund. The term of office of the appointive members of said board of trustees shall be three years, except as provided herein, and shall begin on the first day of July, next succeeding their appoint- ment; provided that the terms of office of the first members appointed shall be one for a period ,of one year, and one for a period of two years, and one for a period of three years. Sec. 1496. ANNUAL MEETING OF MEMBERS.] At the time and place of the meeting of the North Dakota State Education Association, those teachers who have qualified as members of the teachers' insurance and retirement fund according to Sections 1505, 1506, and 1507 of this act, shall meet for the purpose of hearing the report of the board created by Section 1495 of this act, and of transacting such other busi- ness as may properly come before them. Sec. 1497. VACANCIES.] In case any vacancy occurs among the members of the board, said vacancy shall be filled immediately by the governor, and the appointee shall serve the balance of the term for which the original member was appointed. Sec. 1498. ORGANIZATION OF THE BOARD.] Said board of trustees shall organize by the election of a president. The state treasurer shall be ex-officio treasurer of said board, and shall receive and make pay- ments from and account for said funds in the same manner as for other state funds. Said board may employ a secretary to be chosen for such a term as shall be determined by said board. Said secretary shall per- form such duties in connection with the teachers' insurance and retire- ment fund as may be prescribed by the board. Sec. 1499. MEETINGS AND REGULATIONS.] Said board shall meet annually within three months after July first of each year, at the office of the superintendent of , public instruction, at a time to be fixed by the board, and at any other time on the call of the president or any two members thereof. Said board shall adopt rules for the government of its meetings and for the membership in the fund, payments thereto and therefrom, and for other matters which will be calculated to aid teachers in securing the benefit of the fund. Sec. 1500. COMPENSATION AND SECRETARY.] Members of said board shall receive no compensation except their necessary traveling expenses incurred in attending the meetings, to be paid from the teach- ers' insurance and retirement fund upon the certificate of the president and secretary; but if the board shall elect one of its members secretary, such member may receive compensation for services rendered as secre- tary. The secretary of said board shall receive a salary to be fixed by STATE OF NORTH DAKOTA 239 the board, at an amount not to exceed twelve hundred dollars per annum. The compensation of the secretary and any other necessary expenses incurred by said board in carrying out the provisions of this act shall be paid from the fund. Sec. 1501. INVESTMENT OP FUNDS.] Said board shall have charge of the fund and shall invest the same under the same conditions as the trust funds of the state may be invested. Sec. 1502. ANNUAL REPORT.] On or before the first day of October of each year, said board shall report for the fiscal year ending the thirtieth of June preceding. A copy of said report shall be transmitted to the annual meeting of the members of the teachers' insurance and retirement fund and to the state superintendent of public instruction. Said superintendent shall include a copy of said report in his biennial report to the governor. Sec. 1503. RETENTION OF ASSESSMENTS.] Each school district board, each board of education, or other managing body of each city, and of each school district, and of each village, and of each town operating its schools under the township system of school government, shall retain on every pay day from the salary of each teacher in their respective schools the amounts herein provided. Each teacher shall be furnished a statement by such board, showing the amount so deducted from his or her salary. In like manner, each county superintendent and assistant county superintendent who has come within the provisions of the law, must authorize the county board of commissioners to deduct the proper assessment from each of the twelve monthly payments of his salary. Chap. 140, p. 177, 1915. Sec. 1504. AMOUNT OF ASSESSMENTS.] Every teacher who has joined the fund shall be assessed upon his or her salary as teacher for a period of twenty-five years as follows: one per centum per annum, but not more than twenty dollars per year, for each of the first ten years of service as a teacher, and two per centum per annum, but not more than forty dollars per year for each successive year of service as teacher, until said teacher shall have had a total of twenty-five years of teaching service, when said assessments shall cease. The total amount paid into said fund by each teacher shall be based upon said twenty-five years of service as teacher with assessments as provided in this section; provided that such total amount shall not be less than the full amount of the annuity to which such teacher shall be entitled for the first year. Sec. 1505. In becoming a teacher in any said public schools after January 1st, 1914, he or she shall be conclusively deemed to join the fund and to undertake and agree to pay such assessments and have such assessments deducted from his or her salary as herein stated. In becoming a teacher in any State Institution after January 1st, 1920. he or she shall be conclusively deemed to join the fund and to under- take and agree to pay such assessments and to have such assessments deducted from his or her salary as herein provided. S. B. 59, 1919. 240 GENERAL SCHOOL LAWS Sec. 1506. Any person employed as a teacher in said public achooU when this Act takes effect may at any time before January 1st, 1920, elect to join the fund and to come within ' the provisions of this Act by notifying in writing the Board of Trustees of the Teachers' Insurance and Retirement Fund before January 1st, 1920. Any person employed as a teacher in any State Institution when tliis Act takes effect, may at any time before January 1st, 1920, elect to join the fund and to come within the provisions of the Teachers' Insurance and Retirement Fund by notifying in writing the Board of Trustees of such fund before January 1st, 1920. S. B. 59, 1919. Sec. 1507. At the time of giving said notice to the Board of Trustees, as herein provided, such teacher shall notify the local school board, the State Board of Regents, or other managing body, in writing, of his or her election to come within the provisions of this article and shall authorize said board or other managing body, aa a part of said notice, to deduct from each payment of salary due him or her a sum equal to said per centum of such payment as provided in Section 1504. S. B. 59, 1919. Sec. 1508. TRANSMISSION OF MONEY TO COUNTY TREASURER.] Each such school district board, each board of education, or other man- aging body, and each board of county commissioners, shall each year, between the 20th and the 30th days of June, forward tn the treasurer of the county in which the school house of said teacher is located, a statement verified by the secretary, the clerk, or the auditor thereof, of the moneys so retained, in accordance with the provisions of this act together with said moneys so retained. Said statement shall also include the following: Name and monthly salary of each of said teach- ers; number of months of school taught by each teacher in said public schools of the district, village, city, or county over which said school board or other managing body has jurisdiction during the school year for which the statement is made; the number of months constituting a school year in each such district, village, city or county; the total salary of each teacher; the total amount withheld from the salary of each teacher, in accordance with the provisions of this act; the total amount withheld from the salaries of all of said teachers for the school year next preceding, and the total number of years such teacher has taught in the public schools of the state. Chap. 140, p. 178, 1915. Sec. 1509. STATEMENTS TO BE SENT TO COUNTY SUPERINTEND- ENT AND COUNTY AUDITOR.] Said s'chool board shall at the time send a copy of said statement to the superintendent of the county in which said school house is located, and also a duplicate copy of the same to the auditor of said county. Sec. 1510. STATEMENT TO BE SENT IN ALL CASES.] If no teacher in such city, village, town or school district comes under the provisions of this act, the school board or other managing body of such city, village, town or school district, shall state this fact under the oath of the secretary or the clerk thereof, to the treasurer of said county; and STATE OF NORTH DAKOTA 241 shall at the same time forward copies of said statement to the Buperln- tendent of said county and to the auditor of said county. Sec. 1511. REPORTS TO BE MADE TO THE BOARD.] Each county superintendent shall each year, between the 30th day of June and the 10th day of July, report under oath to the board of trustees of the teachers' insurance and retirement fund. Said report shall contain an itemized account of the statements received by him from the school boards and a statement of the total amount withheld from the salaries of all of the said teachers in said report. Sec. 1512. REPORTS TO BE PRESERVED.] The board of trustees of the teachers' insurance and retirement fund, each county superin- tendent, each county auditor, each county treasurer, each school district board, each town board of education, or other managing body, shall keep complete records of the data contained in said reports and of the state- ments hereinbefore mentioned. Sec. 1513. Between the 15th day of July and the 1st day of August of each year, the county treasurer shall transmit to the state treasurer all moneys which he has receired from the school boards and from the board of county commissioners, in aiccordance with the provisions of this act in the same manner that other moneys are transmitted to the state treasurer; and shall certify under oath to the board of trustee* of the Teachers' Insurance and Retirement Fund the amount so received and transmitted to the state treasurer as herein provided. Tlie Secretary or disbursing officer of the board of regents, or other managing body, shall likewise transmit to the state treasurer all moneys which he has received from the deductions made from the salaries of teachers in accordance with the provisions of this act, and he shall certify, under oath, to the board of trustees of the Teachers' Insurance and Retirement Fund the amount so received and transmitted to the state treasurer. The state auditor shall transmit to the state treasurer all moneys and assessments received from the salaries of the state superintendent, depu- ties, assistants and state school Inspectors or supervisors. The state treasurer shall credit all moneys received under the provisions of this act to the fund designated the Teachers' Insurance and Retirement Fund. S. B. 59, 1919. Sec. 1514. PENALTY FOR FAILURE TO REPORT AND TRANSMIT FUNDS.] No city, village, town or school district shall share in the apportionment of the state tuition fund for any year, unless it has made the report as herein provided and paid over to the state treasurer for the teachers' insurance and retirement fund such per centum as pro- vided In Section 1504 of the total sum paid in wages to such teachers as come under the provisions of this act, and also the portion of the county tuition fund described in Section 1515. Sec. 1515. FUND TO BE SET ASIDE FROM COUNTY TUITION FUND AND TRANSMITTED TO STATE TREASURER.] Each county treasurer shall annually set aside from the county tuition fund a sum equal to ten cents for each child of school age in his county and shall transmit this sum to the state treasurer in the same manner that others are 242 GENERAL SCHOOL LAWS transmitted to the state treasurer at the same time that he transmits the funds received from the school boards and the boards of county commissioners in accordance with Section 1513, and shall certify under oath to the board of trustees of the teachers' insurance and retirement fund the amount so transmitted to the state treasurer. The state treas- urer shall credit all moneys received in accordance with this section to the fund designated as the teachers' insurance and retirement fund. Chap. 140, p. 178, 1915. Sec. 1516. NAME OF FUND.] The moneys received by the state treasurer under the provisions of Sec. 1513 and 1515 of this act, together with donations or legacies received therefor, or moneys received from any legal source of increment, shall constitute a fund to be known as the "teachers' insurance and retirement fund." Sec. 1517. Any teacher coming from schools or state institutions not included in the provisions of this article, shall pay assessments for said years of service in such schools or state institutions, as provided in Section 1504, based upon his or her first annual salary in said public schools of the state or state institutions of the state, together with the regular assessments as provided in See+ion 1504, before receiving any retirement annuity. S. B. 59, 1919. Sec. 1518. Any teacher who may be teaching in said public schools or state institutions and who has complied with the provisions of these sections, may retire and receive the annuity provided for in the fol- lowing cases: 1. After a period or periods aggregating twenty-five years of service as teacher, of which eighteen years, including the last five, must have been spent in public schools of this state or state institutions of this state, provided that payment by said teacher to the fund shall have amounted to a sum as provided in Section 1504. If said payments shall not have amounted to said sum, the teacher shall pay into the fund the deficiency before receiving said annuity. 2. After fifteen years of service as teacher in the public schools of this state or the state institutions of this state, when said teacher suffers from a permanent mental or physical disability to be determined by said board after an examination by two physicians appointed by said board, provided that payment by said teacher to the fund shall have amounted to a sum as provided in Section 1504. If said payments shall not have amounted to said sum, the teacher shall pay into the fund the deficiency before receiving the annuity. The examination fees of such physicians shall be paid by said applicant. S. B. 59, 1919. Sec. 1519. LEGAL SCHOOL YEAR DEFINED.] In computing the terms of service under Section 1518, a year shall be a legal school year at the time and place where said service was rendered, except that where the service was rendered in schools not included within the pro- visions of this act, a time less than a legal school year in this state shall not be included as a year, but only as such proportion of a year as the number of teaching weeks in each such year bears to the STATE OF NORTH DAKOTA 243 number of weeks required at the time to constitute a legal school year in this state. Sec. 1520. Any person who has complied with the provisions of this article, and desires to retire from active service in said public schools or state institutions, shall apply in writing to the board of trustees of the Teachers' Insurance and Retirement Fund. S. B. 59, 1919. Sec. 1521. Each teacher retiring from the service of said public schools or state institutions, under the provisions of Section 1518 shall annually and for life be entitled to receive as annuity a sum equal to one annually and for life be entitled to receive as annuity a sum equal to one-fiftieth of his or her annual salary for the last five years of service, multiplied by the whole number of years of service as teacher; pro- vided, however, that his said annuity shall not exceed $750.00 in any one year or be less than $350.00 in any one year, subject, however, to all the provisions of this article. S. B. 59, 1919. Sec. 1522. TRUSTEES MAY RATABLY DIMINISH ANNUITIES.] The board of trustees may ratably reduce the annuities provided in this act, whenever in the judgment of the board the condition of the fund shall require such reduction. Sec. 1523. Any teacher who- shall cease to teach in said public schools or state institutions before receiving any benefit or annuity from the fund shall, if application be made in writing to the board of trustees within eighteen months after the date of his or her resignation, be entitled to the return of one-half of the amount, without interest, which shall have been paid into the fund by such teacher. If such teacher should again thereafter teach in said public schools or state institu- tions, he or she shall, within one year from the date of his or her return to the service of said public schools or state institutions, refund to said fund the amount so returned to said teacher, together with simple interest on said amount (but not to exceed four per cent per annum) for the time said amount was withdrawn from the fund. Sec. 1524. The state treasurer shall pay said annuities quarterly, in September, December, March and June of each year upon the warrants of the state auditor issued upon the certificates of the president or secretary of the said board. No payments shall be made prior to September, 1921, to any teacher employed in any state institution. S. B. 59, 1919. Sec. 1525. ANNUITIES PAID FROM INTEREST AND PRINCIPAL.] Payments from the fund shall be made from the income thereof and in addition thereto, when necessary, from the principal of moneys re- ceived under Sections 1513 and 1515. Sec. 1526. ANNUITIES TO CEASE UPON RESUMPTION OF TEACH- ING.] Any person retiring under these sections may again enter upon the work of teaching in said public schools; during said term of teach- ing the annuity paid to such person shall cease. Said annuity shall again be paid to said person upon his or her further retirement. Sec. 1527. ANNUITIES NOT SUBJECT TO LEGAL PROCESS.] The annuities so created shall not be subject to attachment, garnishment, 244 GENERAL SCHOOL LAWS execution, or other seizure on [or] process, nor shall they be subject to sale, assignment, pledge, mortgage, or other alienation. Sec. 1528. TEACHER.] The term "teacher" as used in this article, shall include all persons employed in teaching by any city board of education, school board, or other managing body of any city, town, village, or rural school district in this state, and all the superintendents and assistant superintendents of said schools, including state and county superintendents and their assistants, all supervisors of instruction, all state school inspectors or supervisors, all principals and assistant prin- cipals and special teachers of said schools, and all persons employed in teaching in any state institution and all superintendents and assistant superintendents of state institutions, and all supervisors of instruction, and all principals and assistant principals and special teachers of such institutions, and every person engaged as president of any such insti- tution; provided, however, it shall not include persons connected with any professional school or college of such state institution as lecturers, who are engaged in the practice of their respective professions and with whom teaching is merely an avocation. STATE INSTITUTION.] The term "state institution" as used in this article shall include the State University of North Dakota, State Agri- cultural College, County Agricultural and Training Schools, State Nor- mal Schools, State School of Forestry, State School of Science, North Dakota School for the Blind, North Dakota School for the Deaf, State Institution for Feeble Minded, and State Training School. Approved March 5, 1919. DIGESTS OF SUPREME COURT DECISIONS. STATE OF NORTH DAKOTA, EX REL. JOHN A. HAIG ET AL. v. A. E. HAUGE, AS COUNTY TREASURER OF RANSOM COUNTY. 1. Section 1515 of the Compiled Laws as amended by chapter 140 of the Laws of 1915, which provides that each county treasurer shall set aside from the county tuition fund and transmit to the state treasurer a sum equal to 10 cents for each child of school age in his county, and that state treasurer shall credit such money to the teachers' insur- ance and retirement fund, is not unconstitutional or violative of the provisions of section 175 of article 11 of the Constitution of North Dakota, which provides that "no tax shall be levied in pursuance of law, and every law imposing a tax shall state distinctly the object of the same, to which only it shall be applied." 2. A tax which is levied for the purpose of pensioning the public school teachers of a state is not unconstitutional nor in conflict with section 185 of article 12 of the Constitution of North Dakota, which provides that "neither the state nor any county, city, township, town, school district or any other political subdivision shall loan or give its credit or make donations to or in aid of any individual, association or corporation, except for necessary support of the poor." 3. A subsequent authorization by the legislature of the use of a portion of a tax levied for general school purposes to aid in the creation STATE OF NORTH DAKOTA 245 of a teachers' pension fund is germane to the general purposes for which the tax was originally authorized, and it not in violation of sec- tion 175 of the Constitution of North Dakota, which provides that "no tax shall be levied except in pursuance of law, and every law imposing a tax shall state distinctly the object of the same, to which it shall be applied." 4. An exact enumeration of all of the items of expenditures to which the revenues of the state may be applied is not required by section 175 of the Constitution of North Dakota. 5. There is no constitutional requirement in North Dakota that taxes levied for a general public purpose must be expended and disbursed in the taxing district in which they are collected, and no valid objection can be made to a state teachers' pension fund on account of the fact that the taxes are collected generally throughout the state and the pen- sions are not always paid to teachers who reside in the county or district where the tax is paid or collected. 6. The establishment of a state teachers' pension fund is a public purpose and enterprise, and within the power of the state legislature. 37 N. D. 583. (Opinion filed July 28, 1917.) 246 GENERAL SCHOOL LAWS Division 6. — State Oversight and Control. CHAPTER 21.— THE STATE AND THE CHILD. ARTICLE 73.— THE SCHOOL CENSUS. Sec. 1195. ANNUAL ENUMERATION IN COMMON SCHOOL DIS- TRICTS.] The school board shall cause an enumeration to be made be- tween the first and twentieth day of June of each year, of all unmar- ried persons of school age, being over six and under twenty-one, having their legal residence in the district, giving the names and ages of such persons and the names of parents and guardians having the care and custody of each; also the name and age of each deaf and dumb, blind, and feeble minded person between the ages of five and twenty-five years, residing in the district, including all such persons as may be too deaf or feeble minded to acquire an education in the common schools, an(^ the names and post-office address of the parents or guardians of such persons. The enumeration shall be made upon and in accordance with the blanks furnished thei-efor by the county superintendent, and shall be returned to the county superintendent prior to the tenth day of July. Sec. 1214. NOT ENTITLED TO TUITION FUND. WHEN- ENUM- ERATION.! No school district shall be entitled to receive any portion of the state tuition fund that fails to make a repoi't of the enumeration of the children of school age in the manner provided by law, nor until the enumeration has been taken and reported ds required by law. The county superintendent is empowered to withhold the payment of county tuition fi'om any district whose officers have failed to make the reports required by law; and, further, the county superintendent shall not authorize the payment of money apportioned to any district unless the bond and oath of the treasurer of such district has been duly approved and filed as provided by law- Sec. 1215. ENUMERATION IN NEW DISTRICTS.] New districts organized after the annual enumeration has been taken shall proceed immediately to talte the enumeration as provided by law, and after the receipt of such enumeration by the superintendent of public instruction through the county superintendent, the newly organized district shall receive its proportionate share of the funds to be apportioned. Sec 1251. SPECIAL DISTRICTS-] Each board of education shall have the power and it shall be its duty: 15. To cause an enumeration to be made annually, of the children of school age within such special district, including those residing in any STATE OF NORTH DAKOTA 247 territory thereto attached for school purposes, as provided for other school districts, and return the same to the county superintendent. Sec 1196. A copy of the enumeration of such deaf and dumb persons shall be furnished the superintendent of the school for the deaf; a copy of the enumeration of such blind persons shall be furnished to the super- intendent of the school for the blind; and a copy of the enumeration oi* such feeble-minded persons shall be furnished the superintendent of the institution for the feeble-minded, by the county superintendent im- mediately upon the receipt of the same. A copy of such enumeration shall also be kept in the office of the district clerk. ARTICLE 74.— COMPULSORY EDUCATION AND MEDICAL INSPEC- TION. Section 1342. SCHOOL AGE. WHO EXEMPT FROM COMPULSORY ATTENDANCE.] Every parent, guardian or other person w^ho resides in any school district or city and who has control over any child of or between the ages of the seventh and fifteenth birthdays, shall send or take such child to a public school in each year during the entire time the public schools of such district or city are in session; and every parent, guardian or other person having control over any deaf, blind or feeble-minded child or youth between the ages of seven and twenty- one years of age shall be required to send such deaf child to the school for the deaf at the City of Devils Lake for the entire school year unless excused by the superintendent or principal of such school, such blind child to the school for the blind at Bathgate for the entire school year unless excused by the superintendent or principal of such school, and such feeble-minded child to the institution for the feeble-minded at Grafton; provided, that such parent, guardian or other person having control of any child shall be excused from such duty by the school board of the district or by the board of education of the city or village whenever it shall be shown to their satisfaction, subject to appeal as provided by law, that one of the following reasons therefor exists: (1) That such child is taught for the same length of time In a paro- chial or private school approved by the county superintendent of schools subject to appeal to (he superintendent of public instruction; that no school shall be approved by the county superintendent of schools or superintendent of public instruction unless the branches usually taught in the public schools are taught in such schools. (2) That such child has already acquired the branches of learning taught in the public schools; provided, that in case the eighth grade is not completed, such child shall attend school, if necessary until the seventeenth birthday is reached. (3) That such child is actually necessary to the support of the family as determined by the state's attorney, subject to appeal. (4) That such child is in such physical or mental condition (as de- clared by a licensed physician, if required by the board) as to render such attendance inexpedient or impracticable. If no school is taught the required length of time within two and one- 24S GENERAL SCHOOL LAWS quarter miles from the residence of such child, by the nearest route, the school board or board of education shall, except in cases of consolidated schools, pay for transportation a sum of not less than twenty-five cents (25c) nor more than fifty cents (50c) per day to any one family living more than two and a quarter miles from the nearest school, which shall be equitably based upon the distance traveled and the number of children from each family, or the board shall furnish transportation, or the equivalent in lodging, if acceptable to the family; and when such trans- portation is furnished, the compulsory attendance law shall apply to all children of school age living more than two 'and one-quarter miles and not to exceed six miles from school; provided, that the provisions for transportation shall not apply to deaf, blind, and feeble-minded children in this state, and this section shall not be construed to apply to parents, guardians, or other persons having control of any child or children of compulsory school age. who desire to send such child or children for a total period of not exceeding six mouths, which may be taken in one or more years, to any parochial school for the purpose of preparing such child or children for certain religious duties. It shall be the duty of the clerk of the school board to inchide in his annual statement an item set- ting forth the amount spent for transportation of pupils. Sec. 1344. PENALTY.] Any such pai"ent. guardian or other person failing to comply with the requirements of the foregoing sections, shall upon conviction thereof be deemed guilty of a disdemeanor. and shall bt' fined in a sum not less than five nor more than twenty dollars for the first offense and not less than ten dollars nor more than fifty dol- lars for the second and every subsequent offense, with costs in each case. Sec. 1345. PROSECUTION FOR NEGLECTING THIS DUTY.] It shall be the duty of the superintendent or principal of schools in any city, town or village, or the teacher of any district school, or the county superintendent of schools for children that are deaf, blind or feeble- minded, to inquire into all cases of negligence of the duty prescribed in this article and to ascertain from the person neglecting to perform such duty the reason therefor, if any. and in common school districts notify the county superintendent of schools of such neglect; the taid county superintendent, upon proper xiresentation of facts, shall lay the complaint befoi'o the state's attorney, whose duty it will be to proceed forthwith to secure the prosecution for any offense occurring tinder this article. In special or independent district* the superintendent or principal of schools shall lay the complaint before the state's attorney who shall proceed as above: provided, further, that the board of edu- cation or district school board in any city or school district of over fire hundred inhabitants may employ a truant officer who shall perform the duties implied in this section. ARTICLE 75.— CHILD LABOR. Sec. 1404. WHEN CHILDREN MUST NOT WORK.] No child un- der fourteen year% of age shall be employed, permitted or suffered to work in or in connection with any mine, factory, workshop, mercanttle STATE OF NORTH DAKOTA 249 establishment, store, business office, telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages. It shall be unlawful for any person, firm or corporation to employ any such child under fourteen yearg of age in any business or service whatever, during the hours when the public schools of the district in which the child resides are in session. Sec. 1405. EMPLOYMENT OF CHILD UNDER SIXTEEN YEARS.] No child between fourteen and sixteen years of age shall be employed, permitted or suffered to work in any mine, factory, workshop or mer- cantile establishment unless the person or corporation employing him procures and keeps on file, and accessible to the superintendent of schools of the city or village, if one is employed, otherwise, to the clerk of the school board or board of education, an employment certificate as hereinafter prescribed, and keeps two complete lists of all such chil- dren employed therein, one on file and one conspicuously posted near the principal entrance of the building in which such child is employed. On termination of the employment of a child so registered and whose certificate is so filed, such certificate shall be forthwith surrendered by the employer to the child or its parent, guardian or custodian. The superintendent of schools or clerk of the school board of board of edu- cation, as the case may be, may make demand on an employer in whose factory a child apparently under the age of sixteen years is employed or permitted or suffered to work and whose employment certificate has not been filed as required by this act, that such employer either furnish him within ten days evidence satisfactory to him that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such factory. The superintendent of schools of the city or village or clerk of the school board or board of education may require from such employer the same evidence of age of such child as is required on the issuance of an, employment certificate; and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. In case such employer shall fail to produce and deliver to the superintendent of schools of the city or village or the clerk of the school board or board of education, as the case may be, within ten days after such demand, such evidence of age herein required by him, and shall thereafter continue to employ such child or permit or suffer such child to work in such factory, 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 brought for a violation of this act that such child is under sixteen years of age and is unlawfully employed. Sec. 1406. WHO AUTHORIZED TO ISSUE EMPLOYMENT CER- TIFICATES.] The superintendent of schools of the city or village, if one is employed, and if not then the clerk of the school board or board of education, is hereby authorized to issue an employment certificate in writing, such certificate is to be issued upon the evidence prescribed in section four of this act: provided, that no employment certificate shall 250 GENERAL SCHOOL LAWS be issued for any child then in or about to enter his own employment or the employment of a firm or corporation of which he is a member, officer or employee. Sec. 1407. EMPLOYMENT CERTIFICATE, ON WHAT ISSUED-] The person authorized to issue employment certificate shall not issue such certificate until he has received, examined, approved and filed the following papers duly executed: 1. The school record of such child properly filled out and signed as provided in this act. 2. A passport or duly attested transcript of the certificate of birth or baptism or other religious record, showing the date and place of birth of such child. A duly attested transcript of the birth certificate filed ac- cording to law with a registrar of vital statistics, or other officer charged v/ith the duty of recording births, shall be conclusive evidence of the age of such child. 3. The affidavit of the parent or guardian or custodian of a child, which shall be required, however, only in case such last mentioned transcript of the certificate of birth be not produced and filed, showing the place and date of biith of such child, which affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer such oath, and who shall not de- mand or receive a fee therefor. Such employment certificate shall not be issued until such child has personally appeared before and been ex- amined by the officer issuing the certificate, and until such officer shall, after making such examination, sign and file in his office a statement that the child can read and legibly write simple sentences in the Eng- lish language and that in his opinion the child is fourteen years of age or upwards, and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it intends to do. In doubtful cases such physical fitness shall be determined by a medical officer of the board or department of health. Every such employment certificate shall be signed, in the pres- ence of the officer issuing the same, by the child in whose name it Is issued. Sec. 1408. CONTENTS OF CERTIFICATES.] Such certificates shall state the date and place of birth of the child and describe the color of the hair and eyes, the height and weight and any distinguishing marks of such child, and that the papers required by the preceding sec- tion have been duly examined, approved and filed and that the child named in such certificate has appeared before the officer signing the certificate and been examined- Sec. 1409. SCHOOL RECORD.] The school record required by this act shall be signed by the principal or chief executive officer of the school which such child has attended and shall be furnished, on demand, to a child entitled thereto. It shall contain a statement certifying that the child has regularly attended the public schools or schools equivalent thereto or parochial schools for not less than one hundred and twenty STATE OF NORTH DAKOTA 251 days during the school year previous to his arriving at the age of four- teen years or during the year previous in applying for such school rec- ord and is able to read and write simple sentences in the English lan- guage and has received during such period instruction in reading, spell- ing, writing, English grammar and geography and is familiar with the fundamental operations of arithmetic up to and including fractions. Such school record shall also give the age and residence of the child as shown en the records of the school and the name of its parent, guardian or custodian. Sec 1410. HOURS OF LABOR.] No person under the age of six- teen years shall be employed or suffered or permitted to work at any gainful occupation more than forty-eight hours in any one week, nor more than eight hours in any one day; or before the hour of seven o'clock in the morning or after the hour of seven o'clock in the evening. Every employer shall post in a conspicuous place in every room where such minors are employed a printed notice stating the hours required of them each day of the week, the hours of commencing and stopping work anJ the hours when the time or times allowed for dinner or for other needs begin and end. The printed form of such notice shall be furnished by the superintendent of schools of the city or village, or the clerk of the school board or board of education, and the employment of any minor for longer times in any day so stated shall be deemed a violation of this section. Sec. 1411. PEACE OFFICERS TO INSPECT PLACES OF WORK.] Peace officers may visit mines, factories, workshops and mercantile es- tablishments in their several towns and cities and ascertain whether any minors are employed therein contrary to the provisions of this act; and it shall be their duty to report any cases of such illegal employ- ment to the school board or board of education. Such officer may re- quire that the employment certificates and lists provided for in this act of minors employed in such factories, mines, workshops or mercantile establishments shall be produced for their inspection. Complaints for offenses under this act may be made by such peace officer or by any other person cognizant of the facts. Sec. 1412. FORBIDDEN EMPLOYMENTS.] No child under the age of sixteen years shall be employed at sewing belts or to assist in sew- ing belts, in any capacity whatever, nor shall any child adjust any belt to any machinery, they shall not oil or assist in oiling, wiping or clean- ing machinery; they shall not operate or assist in operating circular or band saws, wood shapers, wood-joiners, planers, sand-paper or wood polishing machinery, emery or polishing wheels used for polishing metal, wood-turning, or boring machinery, stamping machines in sheet metal and tinware manufacturing, stamping machines in washer and nut fac- tories, operating corrugating rolls, such as are used in roofing factories, nor shall they be employed in operating and steam boiler, steam ma- chinery, or other steam generating apparatus, or as pin boys in any bowling alleys; they shall not operate or assist in operating dough 252 GENERAL SCHOOL LAWS brakeSf or cracker machinery of any description; wire or iron straighten- ing machinery; nor shall tliey operate or assist in oi)erating rolling mill machinery, punches or shears, washing, grinding or mixing mill or calendar rolls in rubber manufacturing; nor shall they operate or assist in operating laundry machinery; nor shall children be employed in any capacity in preparing any composition in which dangerous or poisonoui acids are used, and they shall not be employed in any capacity in the manufacture of paints, colors or white lead; nor shall they be employed in any capacity whatever in operating or assisting to operate any pas- senger or freight elevator; nor shall they be employed in any capacity whatever in the manufacture of goods for immoral purposes, or any other employment that may be considered dangerous to their lives or limbs, or where their health may be injured, or morals depraved: nor in any theatre, concert hall, or place of amusement wherein intoxicating liquors are sold; nor shall females under the age of sixteen years be em- ployed in any capacity where such employment compels them to remain standing constantly. Sec. 1413. PENALTY.] Each owner, superintendent, manager or overseer of any mine, factory, workshop or mercantile establishment, and any other person who shall employ any child contrary to the pro- visions of this act or who shall in any manner violate the provisions thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined for each offense in a sum not less than twenty dollars nor' more than fifty dollars and costs- Each person authorized to sign a cretificat.e as prescribed in the preceding section who certifies to any material false statement therein shall be deemed guilty of a mis- demeanor, and upon conviction thereof, shall be fined not less than twenty dollars nor more than fifty dollars and costs. Sec. 1414. PROSECUTION, HOW BROUGHT-] Prosecution under this act shall be brought in the name of the state of North Dakota before any court of competent jurisdiction, and the fines collected shall be paid over to the county treasurer and by him credited to the school funds of the state. ARTICLE 76.— STATE PROTECTION OF THE CHILD. CHILDREN TRESPASSING ON RAILROAD PROPERTY. (Chapter 206, page 310, 1915) Sec. 1. APPROACHING CARS OR ENGINES.] No person under fifteen years of age, unless accompanied by parent or guardian, not having business with the railroad company requiring him so to do, shall approach closer than ten feet to any engine, car, train or other rolling stock upon the tracks or in the yards, bridges or terminals of any rail- way company in this state. Sec. 2. ENTERING PREMISES OF RAILROADS.] No person un- der fifteen years of age, unless accompanied by parent or guardian, shall enter any round house, shops, yards or bridges upon the railway tracks, the right-of-way or other places of danger owned by railway STATE OF NORTH DAKOTA 253 companies within the state unless such minor has business calling him to such places. Sec. 3. NOTICES POSTED-] Every railway company in, this state shall post in conspicuous places upon its round houses, shops and other dangerous places suitable placards and signs warning trespassers under this act having no immediate business with such railway company to keep off their premises. Sec. 4. AGENTS, PEACE OFFICERS.] The station agents of rail- way companies, while on duty in this state as such agents, are hereby invested with the authority of peace officers of the state. They may arrest such minors for playing or trespassing on the right-of-way or premises of such railway companies; such arrests, however, shall not be made by such agents unless the railway company has complied with the provisions of this act relating to the posting of notices, warnings, signs and placards. Agents acting as peace officers shall not receive any fee for arrests made according to the terms of this act. If any station agent makes arrests contrary to the provisions of this act, his principal, upon conviction, shall be liable to the person arrested in dam- ages for false imprisonment. Sec. 5. LIABILITY OF RAILWAYS-] Provided, nothing in this act shall be construed as diminishing in any way the liability of rail- road companies in case of accident. Sec 6. PENALTY.] Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than one dollar nor more than five dollars. SALE OF CIGARETTES AND TOBACCO TO CHILDREN. Sec 1- FORBIDDEN.] Any person within the state who manufac- tures, sells or gives to any one, or uses any cigarette containing any substance foreign to tobacco, shall be punished by a fine of not more than fifty dollars or imprisonment in a county jail for not more than thirty days. Sec. 2. PARENTS ORDER REQUIRED.] Any person within this state who sells, gives to or in any way furnishes any cigarette, cigars or tobacco, in any form to any person under eighteen years of age, ex- cept upon written order of parent or guardian, or to any minor pupil in any school, college or university, shall be punished by a fine not to ex- ceed fifty dollars or imprisonment in the county jail not to exceed thirty days for each offense. Sec. 3. MINORS MAY BE ARRESTED.] Any person under eight- een years of age, or any minor pupil, as described in section two of this act, who shall smoke or use cigarettes, cigars or tobacco in any form on any public highway, street, alley, park or other lands used for pub- lic purposes, or in any public place of business, shall be arrested by any officer of the law, who may be cognizant of such, offense and it shall be the duty of all such officers, upon complaint of any citizen, to arrest such offenders, without warrant, and take them before the proper court. The court shall impose a punishment at its discretion, in a sum not to 254 GENERAL SCHOOL LAWS exceed ten dollars, or imprisonment in the county jail not to exceed five days for each offense; provided, if said minor person shall give infor- mation which may lead to the arrest of the person or persons violating the provisions of section two of this act. in giving to, selling or in any way furnishing said minor person tobacco, and shall give evidence as a witness in such proceedings againsnt said party or parties, the court shall have power to suspend sentence against such minor person. Sec. 4. HARBORING MINORS.] Any person who harbors or grants 1o persons under eighteen years of age, or to minor pupils as described in section two of this act, privilege of gathering upon or frequenting any propei'ty or lands held by him. for the purpose of indulging in the use of cigarettes, cigars, or tobacco in any form, shall be held in the same penalty as provided for in section two of this act; provided, that no part of this act shall be construed as to interfere with the rights of parents or lawful guardians in the rearing and management of their minor heirs or wards, within the bounds of their own private premises. Sec 5. RELATION OF PEACE OFFICERS.] Grand juries and states attorneys shall have full inquisitorial powers over offenses com- mitted under this act. Sec 6. REPEAL.] All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. ARTICLE 77.— ORPHANAGES AND THE CARE OP THE POOR. Sec. 5100. FORMATION OF CHILDREN'S WELFARE SOCIE- TIES.] Whenever not less than twenty reputable citizens of the state of North Dakota have or shall associate themselves into a corporation under the laws of the state, for the purpose of securing homes for or- phans or for homeless, abandoned and neglected or grossly ill-treated children, by adoption or otherwise, into private families, have or shall file with the secretary of state their articles of incorporation, together with a certificate signed by the governor and three or more members of the supreme court of the st^te of North Dakota, of their confidence in the trustworthiness of said corporation for said purposes, said cor- poration shall have power to receive such children for the purposes above expressed, in the manner herein specified, provided, that at the end of ten years said power shall cease, unless a new certificate as provided above, signed by at least three members of the supreme court of North Da- kota, shall be filed as above, and such certificates shall be filed every ten years during the continuance of such society. Such society shall have a main office and adopt rules for the transaction of business, which shall be published and its financial records shall bo open to the inspec- tion of the public. ***** (Note — The same subject matter treated up to section 5110) Sec. 5109. DEPENDENTS. CARED FOR A^ PUBLIC EXPENSE. DUTY OF COUNTY COMMISSIONERS. Any minor child under the age of sixteen years who shall by reason of the failure of either or both of its parents or its custodians to support such child becomes de- STATE OF NORTH DAK:0TA 256 pendent upon public charity, or who may be deserted by its parent or parents or custodians without arrangements for its proper care, shall be deemed abandoned, and may be cared for at public expense by the overseers of the poor, or assigned by the county commissioners as over- Beers of the poor, and with the wi-itten consent of the county judge under the seal of his office, to any reputable organization incorporated under th(^ laws of North Dakota for the purpose of placing such children in family homes for adoption or otherwise; provided, that in such cases the consent of either parent or custodian shall not be necessary. The com- missioners may} in their discretion allow and pay to such incorporated organization a reasonable amount to corer the expense of such assign- ment. Sec. 5110. CHILD DEEMED ABANDONED, WHEN-J Any minor child under the age of sixteen years who shall have been left for board with any reputable organization incorporated under the laws of North Dakota for the care and placing of children, and whose board shall not have been paid for a period of three months without a reasonable ex- cuse, and the residence of whose legal custodians shall not be known to such organization or* its officers, shall be deemed abandoned, and may upon assignment by the cOunty commissioners as overseers of the poor, with the written consent of the county judge under the seal of his office, be placed by such organization in a family home for adop- tion or upon . contract as may seem to be for the best welfare of the child, without the consent of either parent, and as provided for in sec- tions 5100-5105. Sec 2532. MAY BIND OUT POOR CHILDREN.lThe overseers of the poor shall bind out such poor children as fall under their care and charge from time to time; and the overseer shall see that the children so bound out are properly treated by the persons to whom they are bound, and take legal means of redress in case of maltreatment. Sec. 2536. CHILDREN SHALL BE EDUCATED.]Whenever it shall be necessary and practicable, poor children of the asylum who cannot be bound out or whom it may not be expedient to bind out as appren- tices, shall be educated thereat. Sec. 2537. SUPERINTENDENCE OF THE EDUCATION OF CHIL- DREN.] The superintendent shall superintend and direct the education of such poor children and send them to any common school within the county, during the continuance of its session. Sec 4480. INDENTURE MUST STATE AGE.] In every indenture of apprenticeship the age of the apprentice must be stated, and such Etatement is presumptive evidence thereof; and before an officer exe- cutes an indenture or consents thereto, he must inform himself of the age of the apprentice. Sec 4481. CONSIDERATION.] If there is any pecuniary consid- eration for an indenture of apprenticeship on either part it must be stated therein. Sec. 4482. EDUCATION REQUIRED-] The indenture shall algo 256 GENERAL SCHOOL LAWS contain an agreement on the part of the person to whom such child shall be bound, that he will cause such child to be instructed to read and write and to be taught the general rules of arithmetic or, in lieu thereof, that he will send such child to school thi*ee months of each year of the period of indenture; and that he will give him a new Bible at the ex- piration of his term of service. DIGESTS OF SUPREME CO JET DECISIONS. STATE EX REL IDA KOL VS. THE NORTH DAKOTA CHILDREN'S HOME SOCIETY. STATUTE— SUBJECT EXPRESSED IN TITLE.] Chapter 87 of the Laws of 1897, entitled "An act relating to societies or.t^anized for the purpose of securing homes for orphans, or abandoned, neglected or gross- ly ill-treated children, by adoption or otherwise, and providing rules for the regulation of the same," does not violate Section 61 of the state con- stitution, which requires that "no bill shall embrace more than one sub- ject which shall be expressed in its title. * * *" It is held that said act embraces but one subject, namely, the securing of homes for children of the classes named, and such subject is expressed in the title of the act. CONSTITUTIONAL LAW— PROBATE COURTS— JURISDICTION.] Neither does said act conflict with Sec. Ill of the state constitution, which, among other things, confers upon county com-ts exclusive original jurisdiction in probate matters, the appointment of guardians, and set- tlement of their accounts, etc. The duties placed upon county courts by said act are not in violation of, but in aid of, their constitutional juris- diction over guardians. A children's home society to whose custody children have been committed by a county court, occupies the legal rela- tion of a substitute or temporary guardian to such children; and, as such temporary or substitute guardian, its acts are subject to the ap- proval or disapproval of the court making the appointment, and such appointment may be revoked as in other guardianships. JUDGES— JUDICIAL DUTIES.] It is also held that said act does not impose non-judicial duties upon the judges of the supreme court, in violation of Sec. 96 of the state constitution. HABEAS CORPUS— GUARDIAN OF CHILDREN— HOME SOCIE- TY.] The county court of Griggs county, after a judicial investigation upon notice, determined that the petitioner for a writ of habeas corpus herein, to recover the custody of her three minor children, was leading a lewd and immoral life, and that by reason thereof she was an unfit person to continue as the natural guardian of said children, and ordered them placed in the custody of the North Dakota Children's Home So- ciety, located at Fargo. It is held that said court had jurisdiction to make such order, and that the same is not void. The present custody of said children is therefore legally in the .respondent, and the writ prayed for must be denied. 10 N. D. 493. (Opinion filed Dec. 19, 1901.) STATE OF NORTH DAKOTA 257 ARTICLE 78.— JUENILB COURT. (Chapter 179, p. 253, 1915.) Sec. 1. JUVENILE COMMISSIONER PROVIDED.] In order to more fully carry out the provisions of Chapter 177 of the Laws of the State of North Dakota for the year 1911, entitled "Juvenile Court," (same being Sections 11402 to 1142S, inclusive. Compiled Laws 1913) the district judges of the different districts, if in their judgment the exigency of the situation requires, shall have the power to appoint some suitable and discreet person of either sex of good moral character, as a Juvenile commissioner. Said commissioner shall have power to admin- ister oaths; take acknowledgments of instruments; receive complaints and issue warrants for the arrest of persons thereon; to examine fully into the merits of each case; issue subpoenas; compel the attendance of witnesses before him, and to report them to the district judge for con- tempt proceedings for non-attendance or refusal to be sworn or testify as provided by Section 8200 Compiled Laws 1913; to make such temp- orary order for the custody and control of the child or children thus brought before him, as he may deem proper, and generally have the usual powers of a referee as provided by Article VII of Chapter II of the Code of Civil Procedure for the trial of civil actions in addition to the powers herein specially given. Provided, however, that when in the opinion of such commissioner or that of the court a final order for the custody or control of such child or children becomes necessary, either by sending the same t(J the Reform School or other institution of this state; or to deprive the parents of their custody, and giving the same to some other persons, either for the purpose of temporary control or permanent adoption, it shall be the duty of such commissioner to make findings and report the same with his recommendations to the district judge, who shall fix a reasonable time and place for hearing, and make such final judgment or order in the case as he shall deem proper and right. The venue of all complaints shall be in the county where the child resides or where the cause for which It is sought to arrest such child exists or was committed. All complaints shall be made in the name of the state as plaintiff and the child as defendant. The action thus brought shall be deemed pending in the district court of such coun- ty from the time of filing the complaint in said court until finally dis- posed of by the district judge. Final hearings may be had either at the county seat of the county where the venue is laid, or in the county where the district judge has his permanent chambers, as such judge shall di- rect. Sec. 2. HEARINGS OF JUVENILE OFFENDERS.] At the hear- ings heretofore referred to, whether before the juvenile commissioner or court, any parent, guardian or other person showing that they have an interest in said proceedings, may appear and be heard upon the merits of the case. The court shall have, under this act, authority to appoint guardians ad litem who shall have full power to appear for such child or children, and consent to their adoption or take such other action as 258 GENERAL SCHOOL LAWS may be deemed best for the temporary as well as permanent interests of his said wards; and said courts shall also have all the power with reference to the appointment of guardians as is now provided by law and especially by Section 7399 Compiled Laws 1913. Sec. 3. COMMISSIONER TO KEEP RECORD.l Said juvenile com- missioner so appointed shall keep a record of all his proceedings in a suitable docket kept for that purpose. All necessary books, blanks, place for doing business, stationery and postage for the use of the said commissioner in his official business for each county shall be furnished at the expense of the respective counties, by the Board of County Com- missioners thereof. Sec. 4. COMPENSATION OF COMMISSIONER.] Said juvenile commissi iviers shall receive as full compensation for their services such an amount per diem as shall be approved by the district judge for all the time actually and necessarily employed in the duties of their office, not in any case exceeding the sum of five dollars per day. Such per diem and expenses to be apportioned by said judge between the several counties where the work originates or is done. Such compensation to be paid monthly by the county ti'easurers of such counties respectively on bills duly made out and verified as other bills or accounts against the county, and upon an order of the district judge. Sec. 6. INTENT OF THE ACT.I The purpose and intent of this Act is not to take from the court or judge any power he may now possess, but rather to supplement the efficiency of the work of the district court or judge by casting upon the juvenile commissioner the labor of caring for details and making it only necessary for the judge to act when he can or when it becomes necessai*y to exercise a judicial function by try- ing a case or making a final order, and to that end said commissionei's shall be subject to appointment and removal by the district judge as he may deem necessary. CHAPTER 22.— THE STATE AND INSTITUTIONAL CARE OF DEFECTIVES. CARE OF DEFECTIVES ARTICLE 79.— SCHOOL FOR DEAF AND DUMB. Note: In Laws lOlS. ch. 55 (section 2-lS herein) amending the Laws 1911, oh. 62. section S, full power to manage, control and govern the school for the deaf and dumb, subject only to the provisions of said act of 1911, is given to the board of control. The board of trustees for that institution Is abolished and the powers of the board are vested in the Board of Control in section 244. By the passage of Senate Bill 184, 1919. the powers and duties of the Board of Control are turned over to the Board of Adminis- tration. Sec, 16S0. LOCATION.] The school for the deaf and dumb as lo- cated by the constitution at Devils Lake shall continue to be the insti- tution for the suppoi-t and education of the deaf and dumb children of the state. (See Const. Sec. 215, sub. 5.) Sections 1681. 16S2, 16S3, relate to the apportionment, organization, meetings and report of the Board of Trustees, superseded by the Board of Regents and more recently by the Board of .-Vdministration. STATE OF N ORTH DAKOTA 259 Sec. 1684. DISPOSITION OF MONEYS.] The board shall direct the disposition of all moneys appropriated by the legislative assembly or received from any other source for the benefit of such institution. Sec. 1685. DUTIES OF BOARD.] Such board shall have general supervision of the institution, adopt rules for the government thereof, employ and fix the salaries of all employes, provide necessaries for the institution and perform other duties, not devolving upon the principal necessary to render it efficient and to carry out the provisions of this article. Sec. 1686. INDEBTEDNESS.] The board shall not create any in- debtedness against such institution exceeding the amount appropriated by the legislative assembly for the use thereof. Sec. 1688. FEE FOR NON-RESIDENT CHILDREN.] Deaf and dumb children, not residents of this state, of suitable age and capacity, shall be entitled to an education in such school on payment to the state treasurer of the sum of one hundred and eighty dollars per annum, in advance, but such children shall not be received to the exclusion of children of this state. Sec. 1689, RESIDENTS ENTITLED TO EDUCATION FREE.] Each deaf and dumb person, who is a resident of this state, of suitable age and capacity, shall be entitled to receive an education in such insti- tution at the expense of the state. Sec, 1690. ACCOUNTS FOR CLOTHING.] When the pupils of such institution are not otherwise provided or supplied with suitable clothing, they shall be furnished therewith by the principal, who shall make out an account thereof in each case against the parent or the guardian, if the pupil is a minor, and against the pupil if he has no parents or guar- dian, or if he has attained the age of majority; which account shall be certified to be correct by the principal, and when so certified such ac- county by mail to the county treasurer of the county from which the pupil is supplied shall have come; and such treasurer shall proceed at once to collect the amount by suit in the name of his county, if neces- sary, and pay the same into the state treasury. The principal shall at the same time remit a duplicate of such account to the state auditor, who shall credit the same to the account of the school and charge it to the proper county; provided, that if it shall appear by the affidavit of three disinterested citizens of the county, not of kin to the pupil, that such pupil or his parents would be unreasonably oppressed by such suit, then such treasurer shall not commence such action, but shall credit the same to the state on his books and report the amount of such ac- count to the board of county commissioners of his county, which board shall levy a sufficient tax to pay the same to the state and cause the same to be paid into the state treasury. Sec. 1691. TRANSPORTATION OF INDIGENT PERSONS, HOW PAID.] The board of county commissioners shall order to be paid the expenses of transportation to and from such institution of any indigent deaf and dumb children entitled to admission thereto, and they shall at 260 GENERAL SCHOOL LAWS the time of levying other taxes, levy a tax sufficient to reimburse the county therefor. In order to avoid long: :ielays in transporting indigent children to and from the institution, the principal may. upon corre- spondence with the auditor of such county, pay such transportation and forward to such county auditor an itemized statement of the expenses. The board of county commissioners shall order the county treasurer to draw his warrants for such amount in favor of the principal of the in- stitution, who shall account for such money as provided by law. Sec. 1692. DUTIES OF PRINCIPAL.] The officers of the institu- tion shall be a principal and matron. The principal shall be a capable person, skilled in the sign langiiage and all the methods in use in educat- hig the deaf, and shall have knowledge of the wants and requirements of the deaf in their proper training and insti-uction. The principal and matron must reside at the institution. The principal shall receive a salary of not less than fifteen hundred dollars per annum. The prin- cipal shall annually make to the board of trustees a written report stat- ing in full the true condition of the educational, the domestic and the industrial departments of the institution and his action and proceedings therein, which report s-hall be embraced in the report of the trustees to the governor. He shall keep and have charge of all necessary records and registers of each department and have the supervision of teachers, pupils and servants and perform such other duties as the board may require. He may i-ecommend and with the approval of the board em- ploy all assistants needed therein. He shall have special charge of the male pupils, out of school hours, and shall furnish them with employ- ment about the premises or in some trade to which they are adapted when such trades have been organized and established at the institution by the trustees and provision for their maintenance made by the legis- lative assembly. The proceeds and products arising from the labor and employment of the pupils shall inure to the use and benefit of the in- stitution. Sec. 1693. DUTY OF MATRON.] The matron of the school shall have control of the internal arrangement and management o(f the insti- tution and of the female pupils, out of school hours. She shall instruct the female pupils in the domestic arts or in some trade to which they are adapted, under the direction of the principal. Sec. 1694. BOARD TO MAKE BIENNIAL REPORTS.] The board of trustees shall on or before the fifteenth day of November preceding each regular session of the legislative assembly make a full and com- plete report to the governor, showing: 1. A statement of the financial condition of the institution from the date of the last report, giving in detail the amount of moneys received from all sources and the amount expended. 2. The value of real estate and buildings at the date of the last re- port and the cost of improvements made, if any, since such report. S. The number of pupils in attendance, their names, ages, residences. STATE OF NORTH DAKOTA 261 and cause of deafness; also the number that have entered the institu- tion, and the number of those who have left since the last report. 4. The number and cause of deaths, if any, which have occurred in the institution since the last report. 5. The improvement, health and discipline of the pupils. 6. The names of the officers, teachers and servants employed. 7. All other needful information touching such matters as may be deemed of interest. 8. Such recommendations as may be deemed needful. Sec. 1695. DISPOSITION OF MONEY RECEIVED.l All money that shall arise from the interest received on all moneys derived from the sale of lands hereinbefore or that may hereafter be appropriated for the school for deaf and dumb, including all money that may be re- ceived fi'om the renting of said land and all moneys that may be here- after appropriated for the school for the deaf and dumb, by the state of North Dakota, including all money raised in any other manner or do- nated to said asylum, shall be deposited w^ith the state treasurer to be kept by him in a separate fund, vi^hich shall be known as the deaf and dumb asylum fund, and be used exclusively for the benefit of said school for the deaf and dumb as may be herein or hereafter provided. Sec. 1696. BOOKS OPEN.] Every duty and contract to be per- formed by said trustees must receive the approval of the majority of the board in regular session duly called, in order to make binding and valid. All proceedings of said board shall be recorded in a book kept for that purpose, and open to the inspection of anybody on request. Sec. 1697. ITEMIZED VOUCHERS.l All moneys that may come into the treasury of the state of North Dakota, and credited to the school for the deaf and dumb, shall be paid out to the persons entitlted thereto and the state auditor is hereby directed to draw his warrant on the funds in the hands of the state treasurer belonging to the said school for the deaf and dumb upon the written order orf the said board of trus- tees, which order shall be accompanied by itemized vouchers for the full amount of such order; provided, that no such order shall be issued until there is cash in the treasury with which to pay the same. ARTICLE 80.— THE ASYLUM OF THE BLIND. Note: In T.avvs 191.3, ch. 55 (section 243 herein) amending the Laws 1911, ch. C2, section 8, full power to manage, control and govern the school for the deaf and dumb, ."Bubject only to the provisions of said act of 1911, is given to the board of control. The board of tru.stees for that institution is abolished and the powers of the board are vested in the Board of Control in section 214. By the passage of Senate Bill l.'?4, 1919, the powers and duties of the Board of Control are turned over to the Board of Adminis- tration. Sec. 1699. LOCATION AND GOVERNMENT.] There is hereby es- tablished and located at Bathgate in Pembina county, a blind asylum, which shall be known by the name of the North Dakota Blind Asylum. Sections 1700, 1701 and 1702 are concerned with the appointment, or- ganization and membership of the Board of Trustees. The duties of this board were taken over by the Board of Regents and they have yield- ed to the Board of Administration. 262 GENERAL SCHOOL LAWS Sec. 1703. PROCEEDS FROM LAND GRANT.] The thirty thou- sand acres of land donated by congress for the purpose of such blind asylum and appropriated by the constitution of this state therefor, and all moneys i-eceived from the interest and income derived from the sales of such lands or rents derived from the leasing of such lands, are hereby appropriated for the construction and maintenance of said asylum. Sec. 1704. BY-LAWS AND RULES OF REGULATION.] The board shall direct the disposition of all moneys appropriated by the legislative assembly or the interest on all moneys that may be derived from the sale, or the rent derived from the leasing of land donated by congress to this stv-ate and by the constitution of the state appropriated for such asylum, and shall have supervision and charge of the construction of r,ll buildings provided for or authorized by law for said asylum. Said board shall have power to enact by-laws and rules for the regulation of all its concerns not inconsistent with the laws of this state; to see that its affairs are conducted in accordance with the requirements of law; lo provide employment and instruction for the inmates; to appoint a superintendent, a steward, a matron, a teacher or teachers, and such other officers as in its judgment the wants of the institution may re- quire, and prescribe their duties; to exercise a general supervision over the institution, its officers and inmates, fix the salai-ies to be paid to the officers and to order their removal upon good cause. Sec. 1705. REPORTS. WHEN MADE.] The board shall make a re- port to the governor on or before the last Monday in December next preceding each biennial session of the legislative assembly, containing a financial statement showing the condition of all funds appropriated for the asylum; also the money expended and the purpose for which the same was expended in detail; also showing the condition of the institu- tion generally. Sec. 1707. BOARD OF CONTROL.] Until there shall have been es- tablished by law in this state an institution for the care, maintenance and instiuction of blind children under school age the board of control of state institutions shall have power to provide for such care, main- tenance and instruction of such children residing in this state in a suit- able institution inside or without the state, in any case where by reason of lack of means or other cause the parent or parents of such children may be unable to provide care for, maintain and insti'uct them until they reach school age. Sec. 1708. MAY CONTRACT WITH SUITABLE INSTITUTION.] For the purpose of providing such care, maintenance and instruction, the said board of control shall have power to contract with any suitable in- stitution for the care, maintenance and instruction of such children and to provide for their transportation to and from the same. ARTICLE SI.— INSTITUTION FOR FEEBLE MINDED. Sec. 1709. LOCATION.] There shall be located and permanently maintained at or near the city of Grafton, in the county of Walsh, an in- STATE OF NORTH DAKOTA 263 stitution for the feeble minded, upon the grounds conveyed by the Unit- ed States of America to the state of North Dakota for that purpose, to be known and designated as 'The Institution for Feeble Minded." Sections 1710 and 1711 relate to the qualifications and appointment of the Board of Trustees. The duties of this board are now performed by the Board of Administration and provisions for trustees are repealed. Sec. 1712. DUTIES.] Said trustees shall have 'the general manage- ment and superintendency of said ins'.itution ; shall prescribe all rules and regulations for the government thereof; and the admission of pupils thereto, and generally perform all acts necessary to render the said in- stitution efficient for the purposes for which the same is established, to- ■wit: For the relief and instruction of the feeble minded and for the care and custody of epileptic and idiotic of the state and they may in- troduce and establish such trades and manual industries as in their judg- ment will best train their pupils for future self-support. Sec. 1713. APPOINTMENT OF SUPERINTENDENT.] Such board shall appoint a superintendent of said institution, who shall be a physi- cian skilled in caring fftr, and in instructing the class of unfortunates to be provided for by this act. Such superintendent shall name all the subordinate officers, and such nominations shall be confirmed or reject- ed by the board. Sec. 1714. WHO ARE ELIGIBLE TO ITS BENEFITS.] All feeble minded persons residents of this state, who, in the opinion of the sup- erintendent, are of suitable age and capacity to receive instruction in the institution for the feeble minded, and whose defects prevent them from receiving proper training in the public schools of the state and all idi- otic and epileptic persons resident of this state shall receive the benefits of the institution subject to the payment of the sums hereinafter pro- vided, and to such rules and regulations as may be made by the Board of Control; provided, however, that any inmate of such institution shall not be removed therefrom except on written request of the parent, guardian 01 custodian of such inmate which said request must receive the ap- proval of the Board of Control and superintendent before such inmate can be removed. Feeble minded persons shall be committed to the in- stitution for the feeble minded in the same manner and on pursuing the same course of legal commitment as govern admission to the State Hos- pital for the Insane. Such commitment shall comply with such rules and regulations as may be made by the Board of Control, and shall be accompanied by the certificate of indigence as provided in Chapter 113 of the Session Laws of North Dakota, for the year 1915. Chapter 143, p. 207, 1917. Sec. 1715. INMATE MAY BE DEPORTED, WHEN.] Whenever it shall be found by the board of trustees of the institution for the feeble minded that the parent or guardian of such inmate, if legally chargeable with the support of such inmate, shall have removed from the state and become a resident of another state or county, such board shall have au- thority to send such inmate, at the expense of the state, to the place 264 GENERAL SCHOOL LAWS where such inmate belongs in every case where place of residence of his parent or guardian can be ascertained. The superintendent of such in- stitution shall cause such inmate to be conveyed to the place pf his par- ent's or guardian's residence, and shall be entitled to be reimbursed in the amount of the actual expense theieof out of the state treasury upon the presentation of his bill therefor, audited and certified to by the board of trustees. There is hereby appropriated out of any moneys in the state treasurer's hands, not otherwise appropriated, a sum sufficient to carry out the provisions of this gection. Sec. 1716. DUTIES OF OFFICERS.] The president shall preside at all meetings of the board, when present, and in his absence a president pro tempore may be chosen to peiform the, duties of president: He shall sign all contracts on behalf of the board and all orders upon the treas- urer. The secretary shall countersign all contracts and orders upon tiie treasurer and shall keep a correct report of all the proceedings of the board, and shall have charge in trust for the institution. of all papers and records of the same. Such board shall appoint a treasurer who may or may not be one of their number, as they deem best, as provided in section 1808. Sec. 1717. FEES REQUIRED.] The person legally responsible for the support of any person admitted to the institution for the Feeble Minded shall pay the sum of fifteen dollars per month during all the time such defective person is an inmate of the institution. This amount shall be paid to the County Treasurer monthly. If the person liable to pay this amount fails or neglects to make payment thereof upon demand by the Auditor, the Board of County Commissioners must direct the state's attorney to bring an action in the name of the state against such person for the recovery of such payments as are delinquent. This ac- tion shall be a civil action and shall be brought in the district court of the county responsible for the inmate in the Institution of the Feeble Minded. If the person liable for the support of such inmate be unable to pay such sum, for which inability the certificate of the county judge of the county from which said inmate was admitted shall be prima facie evi- dence, such sum shall be a charge upon the county and no action shall be brought or maintained against a person unable to pay for the support of such inmate after the county judge has issued the certificate herein provided. Provided, however, that before such certificate of inability to pay be issued by the county judge, full and correct answers must be given to a property statement, the form of which shall be prepared by the State Board of Control, in the same manner as prescribed for the admission of patients to the Hospital for the Insane by section 2560 of the Compiled Laws for the year 1913; and the correct postoffice address of the parent, parents, guardian or next of kin of such feeble minded person shall be given. A copy of such property statement and the ad- dress of the parent, parents, guardian or next of kin of such feeble minded person shall be attached to and made a part of the said certificate of the county judge. Chap. 145, p. 209, 1917. STATE OF NORTH DAKOTA 265 Sec. 1719. PAYMENTS, HOW APPLIED.] The superintendent quarterly, during the months of January, April, July and October shall cover into the state treasury all sums so paid, the same to be accredited to the maintenance fund of said institution. Sec. 1720. DUTIES OF TRUSTEES.] The board of {.rustees shall take and hold in trust for said institution all lands or property hereafter granted, given, devised or conveyed to the institution for feeble minded, to be applied and used at Grafton, aforesaid, and any moneys now or hereafter appropriated or intrusted to said institution may be dra:wn at any time from the state treasury upon the order of the board of trus- tees, on the presentation of proper vouchers to the state auditor. Sec. 1721. OFFICERS TO REPORT.] On or before the first day of November, in each even numbered year, or oftener if required, the super- intendent, secretary and treasurer shall render to the board of trustees full and complete reports, accompanied by such recommendations as may seem to them wise and proper, and biennially, and on or before the fiist day of December, preceding the regular sessions of the legislature, said board of trustees shall furnish the governor a printed report of said in- stitution for the two years ending on the preceding June thirtieth. Said report shall contain such matters as are of interest to the institution, with reports of the superintendent, such as is common from like institutions; with a detailed statement of the disbursements. The state authorities shall print and deliver to the proper officers for the use of the legis- lature and state officers, five copies for each, and shall deliver lol the officers of such institution the number estimated by them to be necessary for the use thereof, not to exceed five for each member enrolled therein. Sec. 1. CHARGE ON COUNTY.] The expense of the care, board and treatment of each patient in the Institution for the Feeble Minded shall be a charge upon the county from which the patient is sent. Each coun- ty shall pay the sum of fifteen dollars per month for the care and treat- ment of each patient sent from such coun'y to the State Treasurer. Chapter 113, p. 146, 1915. Details in following sections. CHAPTER 23. ARTICLE 82.— PRIVATE EDUCATIONAL INSTITUTIONS. Sec. 5005. HOW FORMED.] A corporation for religious, education- al, benevolent, charitable or scientific purposes or a commercial or so- cial corporation not organized for profit may be formed in the manner provided in chapter 12, amending chapter 12 of the Civil Code of North Dakota. Sec. 5006. ANNUAL REPORT.] The trustees or directors of all such corporations must annually make a full report of all their property, real and personal, including property held in trust by them, and of the conditions thereof and of all their affairs to the members of the corpora- tion for which they are acting. 266 GENERAL SCHOOL LAWS Sec. 5007. MAY ACQUIRE AND SELL PROPERTY.] All such corporations shall have power to acquire property, both real and per- sonal, by pui chase, devise or bequest and to hold the same and may sell, exchange or mortgage any or all property held or owned by them in the manner determined by their by-laws or by majority vote of their mem- bers at a meeting called for that pu.pose. Sec. 5013. DONATIONS FOR PARTICULAR PURPOSES.] All do- nations, devises or bequests made to an educational corporation for par- ticular purposes, when accepted, shall be applied in conformity with the express condition of the donor or devisor. Sec. 5014. POWERS OF CORPORATION.] Educational corpora- tions have power to appoint a president or principal for the institution and such professors, tutors and olher agents and officers as may be necessary and to displace any of them as the interests of the institution may require; to fill vacancies, to prescribe and direct the course of stud- ies and the discipline to be pursued and observed in the institution and the rates of tuition in the same; and the president and professors shall constitute the faculty of such institution; and they have power to en- force the rules and regulations enacted for the government and disci- pline of the students and to suspend and expel offendeis as may be deemed expedient. Sec. 5015. DEGREES CONFERRED.] Every such corporation hav- ing the rank of a college or university has power to confer, on the recommendation of the faculty, all such degrees Or honors as are usu- ally conferred by colleges and univeisities in the United Stares and such others, having reference to the course of studies and the worth and ac- complishment of the student, as may be deemed proper. Sec. 5016. MECHANICS AND AGRICULTURE.] Such corporation may connect wi'.h its institution, to be used as a part of its course of ed- ucation, any mechanical shops or machinery or lands for agricultural purposes, not exceeding three hundred and twenty acres, to which may be attached all necessary buildings for carrying on the mechanical and agricultural purposes of such institution. APPENDIX A. On account of unavoidable delays in publishing the 1919 edition of the school laws and the great advance in cost of labor and paper, it has been found necessary to omit Part III almost entirely. In Appendix A will be found Chapters 26, 52, 53 and 61 of the Special Session Laws of 1919 — Copy for this edition of the school laws was placed in the hands of the printer early in 1919, — afterwards the Special Legis- lative Session of 1919 was held and made amendments to school laws by enacting these chapters. Chapter 26 amends Section 183 of the State Constitution and provides that school districts may, by vote of the people thereof, increase their indebtedness an additional five per cent. Under this law it is possible for a school district to bond to the extent of ten per cent of its assessed valuation. Chapter 52 amends Section 1445 and 1446 of the school laws and provides that the levies of taxes required for classification of schools and the different amounts of aid shall be based on tax levies. Districts levy- ing a tax less than four mills receive the minimum amount of aid. Dis- tricts levying four and less than seven mills will receive twice the mini- mum amount of aid and districts levying seven or more mills will receive treble the minimum aid. Chapter 53 amends Section 1190 which provides for consolidation of schools and transportation of pupils. This law provides that the amount that may be paid families for transporting their own children to and from school must not be less than twenty cents nor more than one dollar and fifty cents per day. It also provides for a board of arbitration to settle disputes where patrons and the school board cannot agree as to the amount to be paid. Chapter 61 provides that tax levies for 1919 and 1920 must be based on the 1918 assessment of property. The tax levies for the years 1919 and 1920 in school districts may be twenty per cent and forty per cent, respectively, based upon the assesseed valuation for 1918. Section 1182 of the School Laws of 1915 is to be found in full in the appendix. This section appears only in part in the main body of this edition of laws. TAX LEVY— NOTICE TO COUNTY AUDITOR. Sec. 1182. Tax Levy. Notice to County Auditor. It shall have power to levy on the property in the district a tax for school purposes of not exceeding thirty mills on the dollar in any year, which levy shall be made by resolution of the board prior to the twentieth of July. Provided, however, that in districts having (a) high school (s) an additional tax of ten mills on the dollar may be levied if a majority of the school voters of such district annually authorize such levy at the annual school elec- >68 GENERAL SCHOOL LAWS tion; notice that the question of levying such additional tax will be voted on at the election shall be given by posting the same in three of the most public places in the district; at least fourteen days prior to said election. The levy of such additional tax, if authorized by the voters as aforesaid, shall be made by a resolution of the board prior to the twentieth day of July. The clerk shall immediately thereafter notify in writing the county auditor of the amount of tax so levied. It shall not have power to abate or reduce the amount of tax so levied after the county auditor has been notified of the amount of such levy. SPECIAL SESSION LAWS CHAPTER 26 Sec. 1. AMENDMENT). That Chapter 91 of the Session Laws of North Dakota for 1919. being a concurrent resolution to amend in accord- ance with the provisions of Section 202. as amended, of the Constitution of the State of North Dakota. Section ISo of the Constitution of the State of North Dakota, be amended and re-enacted to read as follows: Sec. 183. The debt of any county, township, city. town, school dis- trict or any other political subdivision, shall never exceed five per centum upon the assessed value of the taxable property therein; provided, that any incorporated city may, by a two-thirds vote, increase such indebted- ness three per centum on such assessed value beyond said five per centum limit, and a school district, by a majority vote may increase such indebtedness five per cent on such assessed value beyond said five per centum limit; provided, also, that any county or city by a majority vote may issue bonds upon any revenue producing utility owned by such county or city, or for the purchasing or acquiring the same or building or establishment thereof, in amounts not exceeding the physical value of such utility, industry or enterprise. In estimating the indebtedness which a city, county, township, school district or any other political subdivision may incur, the entire amount, exclusive of the bonds upon said revenue producing utilities, whether contracted prior or subsequent to the adop- tion of this constitution, shall be included; provided further, that any incorporated city may become indebted in any amount not exceeding four per centum of such assessed value without regard to the existing in- debtedness of such city for the purpose of constructing or purchasing waterworks for furnishing a supply of water to the inhabitants of such city or for the purpose of constructing sewers, and for no otrer purposes whatever. All bonds and obligations in excess of the amount of indebted- ness permitted by this Constitution, given by any city, county, township, town, school district, or any other political subdivision shall be void. Approved 9:0.=i A. M., December 12, 1919. CHAPTER 52 SPECIAL SESSION LAWS. 1919 Sec. 1. That Section 1445 of the Compiled Laws of North Dakota for the year 1913. as amended by Chapter 212 of the Laws of North Dakota for the year 1917, be amended and re-enacted to read as follows; STATE OF NORTH DAKOTA 269 Sec. 1445. THE APPORTIONMENT, WHEN APPORTIONED, AMOUNT OF APPORTIONMENT). Between the first and the fifteenth of August in each year the State Board of Administration shall apportion such amounts as are appropriated to each of said state graded consol- idated schools, the sums named in Section 1446 of this Act; to each of state graded schools which have fully complied with the provisions of this Act and such additional rules as may be established by the state board relating to state graded schools, the sum of one hundred dollars in each year to state graded schools of the first class; to state graded schools of the second class a sum of seventy-five dollars; and to state graded schools of the third class, the sum of fifty dollars; and the board shall apportion to each of the state rural schools which have fully com- plied with the provisions of this Act and such additional rules as may be established by the board relating to state rural schools, the sum of fifty dollars in each year to each rural school of the first class; to each state rural school of the second class, the sum of forty dollars; and to each state rural school of the third class, a sum of thirty dollars; pro- vided, that in any district where the tax rate for the preceding year is four mills and less than seven, these amounts shall be doubled for each class of school, and that in any district where the tax rate of the preced- ing year is seven mills or greater these amounts shall be trebled. These several amounts shall be paid by the State Treasurer on the warrant of the State Auditor when duly certified and filed with the State Auditor by the Superintendent of Public Instruction. Provided also, that in case the amount apportioned shall not be sufficient to pay the amount specified, then the amount available shall be apportioned pro rata among the schools entitled thereto. Provided further, that the State Board of Administration shall furnish to each state rural school a certificate of standardization and a metal plate designating the rank of such schools, the same to be paid for from the appropriation for these schools. Sec. 2. That Section 1446 of the Compiled Laws of North Dakota for the year 1913, as amended by Chapter 212 of the Laws of North Dakota for the year 1917 be amended and re-enacted to read as follows: See. 1446. AID TO CONSOLIDATED SCHOOLS, CONSOLIDATED SCHOOLS DEFINED). Any consolidated school meeting the require- ments for the state graded school of the first class shall receive aid in the sum of four hundred dollars, any consolidated school meeting the requirements for the state graded school of the second class shall receive aid in the sum of three hundred fifty dollars, and any consolidated school meeting the requirements for a state graded school of the third class shall receive aid in the sum of three hundred dollars; provided, that in any district where the tax rate for the preceding year is four mills and less than seven, each school shall receive double the amount named here and where the tax rate for the preceding year is seven mills or more, each school shall receive treble the amount. It is provided further, that a consolidated school here and elsewhere in the law Is one where at least J70 GENERAL SCHOOL LAWS two teachers are employeil and at least eighteen contiguous sections are served, without regard to the manner of its formation. Sec. 3. All Acts and parts of Acts in conflict herewith are hereby repealed. Sec. 4. This Act is hereby declared to be an emergency measure and shall take effect and be in force fi-om and after its passage and approval. Approved 10:20 P. M.> Dec. 11. 1919. CHAPTER 53 SPECIAL SESSION LAWS 1919 Sec. 1. AMENDMENT). That Section 1190 of the Compiled Laws for 1913 as amended by Chapter 199 of the Session Laws for 1919 be amended and re-enacted to read as follows: Sec. 1190. CONSOLIDATION OF SCHOOLS AND TRANSPORTA- TION OF PrPILS). The district school board may call, and if petitioned by one-third of the voters of the district, shall call an election to deter- mine tbe Question: (1) "To consolidate two or more schools or the territory usually served by two or more schools and select a site and provide a sxiitable building," or (2) "To select a school already established and. If necessary, make suitable additions thereto to accommodate the pupils of the schools to bo vacated." Said election shall he conducted, both as to notices and as to manner of o.mvassins: votes, in the same manner as the annual school elections. K a majority of the votes cast at such an election are in favor of either proposal, then the board shall carry out the decision of the district within four months thereafter. In the event of carrying out either pro- posv^l prior to or after the passage of this Act, it shall be the duty of the board to provide for the transportation of pupils at public expense to and from the consolidated school, except to those pupils living less than one and one-half miles from such school; and it shall also be the duty of the board, if deemed expedient, to move to the site selected school houses already built or to sell such school houses. Provided, that trans- portation may be furnished either by the use of public conveyances or by allowing to each family as compensation a sum of not less than twenty cents nor more than one dollar and fifty cents per school day of attend- ance, such compensation to be equitably based upon the distance traveled and the number of children transported. Provided further, that the sum total of expenses to a district for transportation shall not be greater where the family system is used than would be the case under a system of public conve>-ances. Pi'ovlded, also, that in ease a patron is dissatis- fied with the arrangements made by the school board with regard to the transportation of his children, he may apply to the school board for a boaixl of arbitration consisting of one selected by the pati-on, one selected by tlxe school board and another chosen by th» two already selected ; the scheool district to pay all costs thereof; said cost not to exceed tliree STATE OF NORTH DAKOTA 271 dollars per diem per member of said arbitration board. The decision of said arbitration board shall be final and binding on the board. Sec. 2. EMERGENCY). This Act is hereby declared to be an emerg- ency measure and shall be in effect and be in operation on and after its passage and approval. Approved 9:00 P. M., Dec. 11, 1919. CHAPTER 61 SPECIAL SESSION LAWS FOR 1919 Sec. 1. AMENDMENT). Chapter 214, Laws of North Dakota, 1919, is hereby amended and re-enacted to read as follows: Sec. 1. For the years 1919 and 1920, the total annual amount of the taxes levied for any purpose, except special levies for local improve- ments and for the maintenance of sinking funds in any county or political subdivisions thereof, or in any village, town or city within the state, shall not exceed by more than ten per cent the amount that would be produced by the levy of the maximum rate provided by law upon the assessed valuation of 1918; provided, that for road and school purposes the amount levied may be twenty per cent for 1919 and forty per cent for 1920, respectively, upon the basis of the assessed valuation for 1918. Sec. 2. No salary of any official now determined on the basis of the amount of the assessed valuation of the taxable property in any county or political subdivision thereof, or in any city, town or village, shall be increased prior to July 1, 1921, beyond the amount now authorized on the basis of the assessed valuation of 1918. Sec. 3. In any case where any duty or power is imposed or con- ferred by law upon any official in any county or political subdivision thereof, or in any city, town or village, and such duty or power is con- tingent upon the assessed valuation of the taxable property in such county, political subdivision, city, town or village, prior to July 1, 1921, such duty or power shall rest upon and be conditioned by the assessed valuation of 1918, except as provided in Section 1 hereof. Sec. 4. The debt limit of any county or political subdivision thereof, or of any city, town-, or village shall not be increased in any fiscal year, prior to July 1, 1921, more than twenty-five per cent, nor shall the total increase be more than fifty per cent upon the limit now fixed by . law upon the basis of the assessed valuation of 1918; provided, however, that the provisions of this section shall not apply to school districts desiring to raise money for the purpose of repairing, furnishing or building school houses. Sec. 5. In all cases wherein levies have been made or salaries or debts increased, or any duty or power of any official has been limited or extended in excess of, or contrary to the limitations prescribed herein, the same shall be revised and corrected so as to conform to the provi- sion of said Chapter 214, Laws of North Dakota, 1919, as hereby amended. Any county, city, town, village, township or other officer violating any GENERAL SCHOOL LAWS of the provisions of this Act shall be subject to a fine of not less than One Hundred nor more than Five Hundred Dollars. Sec. 6. All Acts or parts of Acts, in so far as inconsistent with provisions of this Act are hereby repealed. Sec. 7. This Act is hereby declared to be an emergency measure and shall take effect and be in .force from and after its passage and approval. Approved 11:00 P. M.. December 11. 1919. SCHOOL CALENDAR JANUARY— First, New Year's Day — Legal Holiday. Second Tuesday, regular meeting of school board, common school district. Third Friday, Temperance Day. FEBRUARY— Twelfth, Lincoln's Birthday — Legal Holiday. Twenty-second, Washington's Birthday — Legal Holiday. Second Thursday and Friday — Teachers' examination for elementary certificates. Third Monday, State Superintendent apportions state tuition fund among counties. APRIL— Second Tuesday, regular meeting of school board, common school district. Third Monday, School election in independent districts. Arbor Day, to be designated by the Governor. MAY— Second Sunday, Mothers' Day. Second Thursday and Friday — Teachers' examination for elementary certificates. Third Monday, State Superintendent apportions state tuition fund among counties. Thirtieth — Memorial Day — Legal Holiday. JUNE— Fourteenth — Flag Day. First Tuesday — Annual School Election, in common and special school districts. School census must be taken annually between the 1st and 20th days of June. Thirtieth — School year ends. JULY— Fourth, Independence Day — Legal Holiday. Second Tuesday — Regular (annual) meeting of school board in com- mon school districts. Also annual meeting of board in special districts. At this meeting the school board receives the annual reports of the clerk and treasurer of the district and also checks over the books and accounts of these officers. Annual settlement is made with the treasurer. The tax levy is made by resolution of the board and certified to the county auditor by the school district 274 GENERAL SCHOOL LAWS clerk. The newly elected officers assume their duties at this meeting. Reports of clerk and treasurer must be filed in the office of the county superintendent prior to August 1st. The school district clerk must file the school census report in the office of the county superintendent not later than July 10th. In independent school districts the regular meetings of the board of education are held on the first Tuesday of each month. ' In special districts the annual meeting of the board is held on the second Tuesday in July at which meeting the books and accounts of the clerk and treasurer are checked up and their reports received and approved. The newly elected board members assume their duties at this meeting. In special school districts the board must meet at least once each month. In common school districts in which are located graded schools of three or more departments the school board holds regular meetings on the first Tuesday of each month. AUGUST— Second Thursday and Friday, Examinations for elementary certificates. Third Monday — State Superintendent apportions state tuition fund among counties. State Board of Administration apportions state aid to rural, graded and consolidated schools between the first and fifteenth days of August. SEPTEMBER— First Monday. Labor Day — Legal Holiday. Fifteenth, County Superintendent must file his annual report with State Superintendent. OCTOBER— Second Tuesday, regular meeting of school board in common school districts. Twelfth — Discovery Day — Legal Holiday. NOVEMBER— First Tuesday after first Monday in even numbered years is general election day and is a legal holiday. Second Thursday and Friday, examinations for elementary certificates. Eleventh — Armistice or Victory Day. Third Monday — State Superintendent apportions state tuition fund among counties. Last Thursday — Thanksgiving Day — Legal Holiday. DECEMBER— Twenty-fifth — Christmas Day — Legal Holiday. INDEX Section Page ACADEMY OF SCIENCE 159G-1602 147-147 ACCOUNTS— County treasurer to keep with school corporations ..... 1220 198 Keeps with each fund 1218 197 Form of for district treasurer 1218 197 ACCOUNTING OFFICER— State institutions must designate 1807 37 Duties of .lS07(a), 1811 37, 38 ACTIONS— Brought in name of state 1414 252 pompulsory attendance law, for violation of 1345 248 District treasurer for failure to pay over money 1352 103 Not affected, when 2 195 States attorney to prosecute for non-?.ttendance 1345 115 Who may institute on school treasurer's bond 1171 57 ACTS LEGALIZED— Indebtedness and warrants legalized 1 195 Must be within debt limit 2 195 Pending actions not affected 2 195 Refunding bonds legalized 1 195 With reference to county agricultural and training schools 147 144 ADDITIONAL SCHOOL TIME— When granted 1191 62 ADJACENT territory- How attached to common school districts 1142 48 To special districts 1240 75 ADVERTISING— Proposals for building school house 1340 211 For contracts involving more than one hundred dollars 1356 104 AGE— Compulsory attendance 1342 114 Deaf and feeble minded compulsory attendance ......1342 114-15 Required for elementary certificates 1360-61 229 For professional certificates .1362-3 230 Under fourteen, employment of, when prohibited 1404 248 Under sixteen, employment of, when prohibited ......1405 249 When sale of tobacco is prohibited 1, 2, 3, 4, 253-4 (See child labor). AGRICULTURAL COLLEGE— Laws governing 1604-1618 131-133 Must furnish lists of publications 1 137 II INDEX Section Page AGRICULTURAL DEPARTMENTS IN HIGH SCHOOLS— Appropriation for teaching agriculture in schools ....1433 127 For each of five schools 1433 127 Instruction offered in agricultural schools 1434 127 Limited to one in county 1435 127 National aid to receive share 1435 127 Other subjects besides agriculture 1434 127 Requirements to receive benefits of act 1434 127 Schools elegible to benefits of act 1435 127 AGRICULTURAL AND TRAINING SCHOOLS— (See county agricultural and training schools). AGRICULTURAL PRODUDCTS— Classified in schools, when 1 to 6 123 AGRICULTURAL AND GEOLOGICAL SURVEY— (See Sections 1162, 1673, pp. 134, 135; 136). AID, COUNTY— To consolidated, graded, and rural schools, except high schools 1 124 To night schools (b)l 130 Election upon petition 1 124 Limit of tax 1 124 Tax, how apportioned 2 124 AID, NATIONAL— What schools may receive 1435 127 AID, state- To consolidated schools (See Appendix A) 1446 269 To evening schools (a) 3 127 To graded schools (See Appendix A) .1445 269 To high schools 1433 126 To high schools having agricultural departments 1433 127 To rural schools 1435 127 ANNEXATION— County commissioners may annex territory 1142 48 District divided by township or county line 1143 49 To special districts 1240 75 APPEALS— Applicants for certificates may appeal, how 1371 233 From decision of county superintendent ...1132 41 Practice, state superintendent shall prescribe 1110 14 State superintendent decides appeals 1110 14 APPORTIONMENT— Basis of tuition funds • 1208-1217 190 County tuition fund by county superintendent 1225 192 High school aid 1433 120 National aid 1435 127 Rural, graded and consolidated aid apportioned when (See Appendix A) 1445 269 INDEX III Section Page State tuition fund by county superintendent ....1131-1217 41-196 State superintendent apportions, when 1210 190 Witliheld when 1214-1216 191-196 APPROPRIATIONS— Board of administration 11 29 By county committioners for county agricultural and training schools 1455 138 Extension and demonstration work under the Smith- Lever act 1 136 For aid to consolidated schools (Appendix A) 1446 269 to evening schools (a)4, c(l) 129-130 to graded and rural schools (Appendix A) 1445 269 to high schools 1433 126 to night schools (b)l 130 to schools having department of agriculture ....1433 126 For Smith-Hughes act 7 151 For teachers institutes by state 1392 227 For teachers institutes by county 1394 228 School district library by district 1176 57-58 Traveling expenses, state superintendent 1120 16 (See Chapter 16, Session Laws, 1919). ARBITRATION— (See Board of Arbitration). (See Equalization of Indebtedness). Board constituted, how 1327 199 Debts and assets determined 1321 102 Divides property of districts concerned 1328 200 ASSESSORS— County superintendent must furnish maps 1129 441 ASSESSMENT— (See Taxes). ASSOCIATIONS— City associations 1125 40 State association, proceedings of, to be published ....1119 16 Teachers may attend • . . .^ 1401 228 ATTENDANCE— Compulsory age for j 1342 114 Length of time pupil must attend 1342 114 Penalty for failure to comply with law 1344 115 Prosecution for failure to obey law 1345 115 Who are exempt from compulsory attendance ....... .1342 114 BALLOTS— Form of, for election on bonds 1333 201 For formation of special district 1233 37 For consolidation of schools (See Appendix A) ....1190 270 For special districts 1265 82 To divide and form special districts 1233 37 IV INDEX Section Page Non-partisan 2 107 No party ballot • : 1 107 For county and state superintendent '. 1 107 BARNS ON SCHOOL GROUNDS— (See stables). BIBLE, THE— Not a sectarian book 1388 112 Teacher may read in school . . . . • 1388 112 BIDS— For building school houses .1340 211 Contracts involving more than one hundred dollars ..1356 104 BLANKS— Distributed by county superintendent 1125 40 Prepared by state superintendent 1108 14 Section Page BLIND AND DEFECTIVE— Care of blind children 1707-8 262 Care of feeble minded persons 1714 263 Enumeration of feeble minded persons 1195-1196 63-64 Education of Blind 1342 114 BLIND CHILDREN— Board of Administration has power 1707-8 262 Children under school age . , 1707 262 Education of Blind Children 1342 114 BLIND, STATE SCHOOL FOR— (See Sections 1699, 1708, pp. 261-262). BLUE book- To be printed by Secretary of State • . 92 31 To be distributed by county superintendent 93 31 BOARD OF ADMINISTRATION— Appoints Educational Commission 7 28 Appoints school comn^ission 6 28 Appropriation for 11 29 Assumes powers of certain boards 5 28 Duties .^ 1-10 27-8-9 Employs secretary 4 27 Employs other officers 4 27 Has general supervision of schools 6 28 How constituted 1 27 Institutions under control of 1; 243 21-33 Report, annual 10 29 Salary of appointive members 3 27 State superintendent ex officio member 1 27 Term of office of appointive member 1 27 BOARD OP adjusters- How constituted 1228 194 Duties 1228 194 INDEX V Section Page BOARD OF APPRAISERS— Duties of Board 300 166 Who are members 300 166 Compensation 300 166 BOARD OF ARBITRATION— Appointment of members of board 1327 199 Duties of such board 1328 200 Members of the Board 1327 199 Taxes levied by such board 1328-1329 200 Collection of taxes so levied 1330 200 (See Arbitration). (See Equalization of Indebtedness). BOARD OF EDUCATION— (See Common School District Board). (See topics under Special District and Independent District). BOARD OF EDUCATION IN CERTAIN .CITIES— Arbitration on change of boundaries 1321 102 Assets, how determined 1321 102 Debts, how determined 1321 102 Elected at large 1315 101 Eelction, how conducted 1317 101 Independent organization, abolished how 1319 101 Old school officers to hold over 1320 102 Relatives not eligible as teachers, when '. .1318 101 Term of office of board members 1316 101 BOARD OF EXAMINERS— (Duties of this board are performed by state Administra- tion Board). BOARD OF HEALTH— County Board of Health, members 404 221 Appoints county superintendent of public health 404 221 Must inspect school buildings, when 1186 61 BOARD FOR COUNTY AGRICULTURAL AND TRAINING SCHOOLS— Members of board, who are 1458 139 Have charge of county agricultural and training school 1461 141 County Treasurer acts as treasurer of . . • • 1457-1468 139-143 BOARD OF INSPECTION— Who constitutes, and duties of board 1186 61 BOARD OF REGENTS— (This board has been abolished and its duties taken over by the State Board of Administration). BOARD OF UNIVERSITY AND SCHOOL LANDS— May redeem bonds 1 204 (The laws governing this board and also providing for the management and sale of all state lands as well at the VI INDEX . Section Page investment of permanent scliool funds, are to be found on pages 161 to 189, inclusive, of this volume). BONDS— (See Bonds of Common School Districts). (See Bonds of Special School Districts). (See Independent School Districts"*. (See Bonds Official). (See Bonds refunding). (See Bonds for County Agricultural and Training Schools). BONDS OF COMMON SCHOOL DISTRICTS— Bonds, denomination of 1334 201 Building contracts 1340 203 Cancelled bonds recorded • 1339 203 Certificate of treasurer required 3491 204-5 Certificate of county auditor required 1335 202 County auditor may levy tax to pay, when 1338 203 Denomination of bonds 1334 201 Depository of sinking fund • 7 198 Election for issue of bonds 1332 200 Ballot for election of bonds 1333 201 Called on petition only 1333 201 Notice of election on bonds 1333 201 Not to be resubmitted in same year 1333 201 Form of bonds 1335 201 How issued 1332 200 Issued for previous indebtedness, may be 1341 204 Limit of bond issue 1334 201 Negotiated, how . 1337 203 Purpose of bond issue 1332 200 Rate of interest 1334 201 Record of Bonds to be kept 1335 201 Redeemed, when and how 1 204 Register of bonds 1335 201 Sinking fund for payment of bonds 1336 202 Statement from district officers 1335 201 Tax levy for interest and sinking fund .1336 202 Treasurer exempt from liability for, when 8 199 BONDS FOR COUNTY AGRICULTURAL AND TRAINING SCHOOLS— Amount of issue 2 206 County May issue, when 1 206 County treasurer to pay, when 8 208 Denomination of 3 207 Funds derived from sale of, how handled 10 208 How issued 3 207 How sold 6 207 May be retired before maturity 9 207 INDEX VII Rate of interest 3 207 Registered in county auditor's office, must be 5 207 Tax levy for interest and sinking fund ' 4 207 Who may purcliase 7 207 BONDS OF DIVIDED SCHOOL DISTRICTS— District liable for bonds, when 3218 106 Valid, when 3219 106 BONDS. OFFICIAL— Action on school treasurer's bond .1171 57 City treasurer as treasurer of independent district ...1305 98 Contractor, for building must give bond 1340 211 County superintendent of schools 663 109 School treasurer's bond 1165 54 Additional bond, when required • 1166 55 Personal bond may be given, when 14 66 Surety company bond may be given, when .14 66 Premium on official bond, when paid by district ........ .2 65 Amount of premium paid state 3 65-6 State superintendent must give bond • 663 109 Treasurer of special district must give bond 1256 80 Where bonds are filed 1171 57 BONDS, REFUNDING— Board of education to levy tax 4028 205 Denomination of bonds 4027 205 How executed 4029 206 What bonds may be refunded 4026 205 What corporations may issue .4030 206 Section Page BONDS OF SPECIAL SCHOOL DISTRICTS— Bonds of special districts, how and when issued 1272 83 Denomination of bonds 1273 84 Election for issuing bonds, procedure 1274 84 Interest coupon ......•..•• 1279 86 Issue of bonds, how governed 1284 87 Levy for payment of bonds 1276 84 Limit, debt 1275 84 May be exchanged 1283 87 Must specify what 1275 84 Rate of interest 1275 84 Redeemed, how and when 1 204 Refunding bonds issued, when 1282 86 Register of bonds by clerk 1281 86 Security for bonds 1280 86 Sinking fund must be deposited in the Bank of North Dakota 7 198 Surplus funds may be transferred 1285 87 BOOKS— Free text books 1397 214 VIII INDEX Section List from library furnished by whom 1108 Text books approxed by ^ate Superintendent 1397 Uniform text books — Chapter 145, Laws of 1915 BOUNDARIES OF SCHOOL DISTRICTS— County commissioners and county superintendent may change, when 1146 New districts, how organized 1147 Petitions necessary 1146-1147 Public notices must be given 1149 BRANCHES OF STUDY— (See Studies). CENSUS, SCHOOL— Enumeration taken, when and how 1195 In independent districts 1304 In new districts 1215 In special districts .• 1251 (15) Of deaf, dumb, blind and feeble minded 1195 Report filed with whom 1196 Not entitled to tuition fund unless census report is filed 1214 Report of, sent to whom 1196, 1251 (15) . CERTIFICATES (TEACHERS')— Accredited work 1368 Appeal of applicants 1371 Diplomas accredited. State institutions .1365 Accredited other institutions 1366 Disposition of examination fees 1377 Examination by county superintendent 1370 Dates of examination ; 1370 Fees for certificates 1376 Grades of certificates 1359 First grade elementary 1361 First grade professional 1363 . Second grade elementary 1S60 Second grade professional 1362 Special certificates 1364 Graduates entitled to certificates, when 1054 High School diplomas, accredited, when 1369 Issued by state board (administration) 1358 Other diplomas accredited 1366 Papers kept on file, how long 1371 Permits issued, when and to whom 1367 Pupils from agricultural schools, standings of 1468 Qualifications of teachers 1372 Recorded in office of county superintendent 1372 Re-examination of papers, when 1371 Revoked, when 1374 How revoked 1375 INDEX IX Section Page Teachers entitled to hearing 1375 234 Special certificates 1364 230 Subjects in which to be examined • 1360-1364 229-230 Teacher must hold certificate to teach 1373 234 When revokable 1374 234 CHANGE IN SCHOOL DISTRICT BOUNDARY LINES— (See Annexation). CHILD LABOR— Age when unlawful to employ children 1404 248 Employment certificate, what to contain 1408 250 Issued on what evidence 1407 250 Must be exhibited to whom 1405 249 Must be kept on file 1405 249 Who may issue certificates 1006 249 Employments prohibited 1412 251 Evidence of age furnished 1405 249 Hours of labor for employment of child 1410 251 Inspection of places of work 1411 251 List of children employed must be posted 1405 249 List accessible to whom 1405 249 Peace officer to inspect 1411 251 Penalties for violating provisions of this act 1413 252 Prosecutions, how brought 1414 252 Qualifications of child for certificate ., 1407 250 School record of child shall contain, what 1409 250 CIGARETTES— Sale of, forbidden 1 253 Child subject to arrest for use of 2 253 Penalty for selling cigarettes 1 253 Grand jury may investigate 5 254 CITIES— What cities may become special districts 1229-1230 73 CITY COUNCIL— Ordinances as to property of independent districts ..1314 101 CITY TREASURER— In special districts, acts as, when 1254 79 Is treasurer of independent district • 1304 98 Must give bond 1305 98 Moneys paid to, when 1303-4 98-99 CLERK OF SCHOOL BOARD— (See District Clerk). COAI.— Use of North Dakota lignite required 1828 223, 224 COMMISSIONS OR REWARDS— Not to be received by any school officer 1529 46 Not to be received by superintendent, deputy, principal or teacher 1529 46 X INDEX Section Page COMMON SCHOOL DISTRICT— Apportionment forfeited, when 1216 196 Attached to other districts, when • 1142 48 Bonds. (See bonds of Common School District). Boundaries, how changed 1146 50 General changes 1147 50 Conditions on which organized 1141 48 Consolidated, when and how. (See Appendix A).... 1190 270 Contracts of, irregular ratified • 1150 50 County auditor to prepare plats 1149 50 County commissioners, duties 1146-1147 50 County treasurer, accounts with 1220 198 Divided when by natural object • 1142 48 Division to form special district 1230-1235 73, 74 Each district a corporation 1140 48 Election of officers 1151-59 51-3 (See election of officers in Common School Districts). Funds must be deposited in The Bank of North Dakota 7, 8 198, 199 Having no school board, bonds how paid 1228 194 Irregularities legalized 1150 May acquire and dispose of property 1140 May sue and be sued 1140 Name of district • 1145 How changed (1) 1145 New districts how formed 1147 In adjacent counties 1147 Public notice how given • 1148 New district entitled to apportionment, when 1215 Not entitled to tuition fund, when 1214-1216 Numbers of 1145 Old numbers retained 1145 Officers in new district 1151 Officers to be elected ■ 1151 Petitioned for organization 1141 Plats prepared by County Auditor 1149 Polling places how established .1152 Qualification of voters 1153 Renumbered when 3217 Schools shall be free, etc 1343 Small territory attached to adjacent district 1144 Territory in two counties, how divided 1142 Town er village divided by county line .1143 Treasurer 1151 What constitutes a common school district 1140 What territory may be organized 1141 When district liable for bonds 3218 COMMON SCHOOL DISTRICT BOARD— Action on treasurer's bond 1171 INDEX XI Additional branches of study 1181 59 Additional school time 1191 62 Annual report 1197 64 Annual settlement with treasurer 1218 197 Arranges school term 1189 62 Bonds, may purchase outstanding 1336 202 Redeemed, how 1 204 Branches of Study, additional 1181 59 Cancellation of paid bonds 1339 203 Census shall be taken, how 1195 63 Of defectives, to whom sent 1196 64 Clerk of school board 1160 53 Annual report 1197 64 Compensation of clerk 1164 54 Duties of clerk 1164 54 Vacancy in office of clerk 1325 110-11 Compensation of regular officers 1162 53 For special attendance school officers' meeting ..1162 53 Consolidation of schools. (See Appendix A) 1190 270 Contracts, officers not to be interested in 1349 103 Course of study and additional branches .1181 59 Depository, The Bank of North Dakota is 7 198 District high school, may be established 1192 63 Adjacent districts may join 1194 63 Length of term 1193 63 Drinking cups, public, use of prohibited 2953 222 Duties of president of board • 1163 54 Duties of clerk 1164 54 Employ and dismiss teachers 1178 58 Equalization of indebtedness 1327 199 Establish schools 1174 57 Exits, requirements 1200 64 Fences, to provide, when • 1205 65 Fire escapes, must provide 1201 64 Duty of what officers 1202 65 Penalty for neglect of duty 1203 65 Fixes length of school term 1189 62 Flags of United States, must provide 1400 218 Free text books, may furnish • 1397 214 When and how provided 1398 214 Chapter 145, Laws 1915 1-10 215-218 Funds treasurer pays out, when 1168 56 Must be deposited in The Bank of North Dakota 7 198 Furniture and apparatus, board must provide 1176 57 General powers of the board 1173 57 Government and discipline, may prescribe rules .....1180 59 Grades, salaries of teachers 1178 58 Hitching posts, must provide 1207 65 Xll INDEX Health and decency, duty in regard to 1403 221 How constituted 1161 53 Indebtedness equalized 1327 199 Kindergarten, may establish 1402 113 Length of school term fixed by board 11S9 62 Library, make provision for 11T6 57, 5S Care of library 1177 58 Expenditure for library purposes 1176 57.58 May appoint librarian . . . , ■ 1177 58 Limit salary of clerk 1164 54 Salary of treasurer 1172 * 57 Meetings regular and special 1162 53 New school for remote pupils 11S8 61 Oath "of otfice . , 1159 53 Oath and bonds filed with clerk 1171 57 Organization of the board 1160 53 Physical education, make provision for ... .1390 113 Powers of board, genera' 1173 66 Specific, of board 1174. 1189 57. 62 President, duties of 1163 54 Privies and water closets must be supplies . .1490 (4) -1403 210, 221 Proposal for building school houses 1340 211 Pupils from other districts may admit, whe: . 1179 59 Assigns and transfers pupils 1179 59 Conveying and transportation of pupils (Appendix A) 1190 270 From unorganixed territory ... 1179 59 Rules of discipline for pupils IISO 59 Suspends and expels pupil, for cause IISO 59 When sent to another district, how IIST 61 Purchase of site for school house, how 11S7 61 Quorum 1161 53 Records open to inspection ... 1198 64 Must be kept in English 1199 64 Remote pupils, new school for i;S? 61 Rental public buildingrs. paid when : 87 Repairs, t'uel and supplies, to furnish 1175 57 Report on library facts 1177 5S School house site how obtained 1IS7 61 Area of school housi> ?>.■» 11S7 61 Title to sam« . . llST 61 School house and site. iises .11S3 60 Under what restrictions . . iiS3 go Schools established for remote pupils, how . . iiSS 61 Shall rev'eive no commiss-on 1'"? 4g INDEX XIII Section Page Penal tj' for violation 1529 46 Speculation in office prohibited 1349 103 Stables in rural districts 1207 65 Tax levy made by board 1182, 1222 59, 193 For sinking fund and interest 1336 202 Limit of, when increased 1182 59 Notice to county auditor 1182 59 Teachers, employ and dismiss 1178 58 Grade, salaries of 1178 58 Terms of school how fixed 1189 ' 62 When discontinued • 1189 62 Text books, free, powers of board 1397 214 Treasurer, additional bond, when 1166 55 Bond of treasurer 1165 54 Personal bond accepted '. 14 56 Surety bond accepted 14 56 How approved 1165 54 Premium how paid 2 55 Pays on warrant only 1168 56 Report of treasurer .1218 197 Salary of treasurer 1172 57 Term of office 1151 51 Vacancy in office of treasurer, when 1165 54 How filled .1324 110 Vacancy in office of director how filled 1324 110 Warrants endorsed, when 1169 56 Warrants must specify purpose of issue 1170 56-7 Trees, duty of board to plant 1204 56 Funds for tree planting 1206 65 Truant officer, board may employ, when 1345 248 Warrants, by whom signed 1168 56 Shall draw interest, rate 1169 56 What to specify 1170 56-7 When to be endorsed by treasurer .1169 56 What officers constitutes the board 1161 53 COMPULSORY EDUCATION— Age for compulsory attendance 1342 114 County superintendent helps to enforce 1345 115 Defective clpldren sent where 1342 114-115 Distance of compulsory attendance 1342 114 Exceptions in compulsory education (five) ;1342 114 Exempt for religious duty, when 1342 115 Medical inspection permitted 1346 220 Penalty for neglect 1344 115 Prosecution for neglect 1345 115 States attorney must prosecute, when 1345 115 Teachers, superintendents and principal must investigate XIV INDEX and report 1345 115 COXDUCTOR— Institute conductor appointed by whom 1392 227 CONSOLIDATED SCHOOL— Defined. (See Appendix A) 1445 269 Entitled to state aid. (See Appendix A) 1446 269 How to secure county aid 1 124 Classifying agricultural products taught in consolidated schools 1 to 6 128 CONSOLIDATION OF SCHOOLS— Arrangements made by school board. (See Appendix A) 1190 270 Election to vote on consolidation. (See Appendix A) 1190 270 Conduct of election. (See Appendix A) 1190 270 Distance for compulsory attendance ...1342 114 CONSTITUTIONAL PROVISIONS— Board of University and School Lands 156 8 County board of appraisers 157 S Debt limit of school districts 1S3 10 Distribution of interest and income of permanent school fund 154 7 Funds derived from sale of school lands held in trust by state 159 9 Investment of school funds 162 9 Leasing of state lands 161 9 Legislative limitations 69 5 Legislature must provide a system of public schools . . 147 5 Legislature musr provide for safety of school funds . . . 165 10 Permanent school fund 153 7 Public institutions, where located 215. 216 11, 12 Qualifications of state superintendent of public instruction 82 5 Qualification of voters ■ 121-129 5. 6 Sale of common school lands 155 7 School and public lands 153-7 S. 9, 10 School lands not to be cultivated ■ 163 10 Scope and aim of public school system 147, 152 6. 7 Terms of sale of school lands 158, 160 8, 9 CONSTRUCTION OF SCHOOL BUILDINGS— Approval of plans by whom ■ . . . 1489 209 Construction of school houses 1490 209 Ceilings 1490 209 Cleanliness 1490 209 Heating 1490 209 Light 1490 209 Ventilation 1490 209 Exits, kinds of 1490 209 INDEX XV Section Page Grievances, how adjusted 1492 210 Heating pipes, where placed • 1493 210 Inspector, State Superintendent, made sucli 1489 209' Method of inspection 1492 210 Sanitary requirements 1490 209 Specifications must guarantee, what 1494 210 Toilet rooms, construction of • 1491 210 Ventilating flues, kind of 1493 210 ■ Violations, penalty for 1494 210 CONTAGIOUS DISEASES— Pupil having, must be excluded from school 426 222 Diseases mentioned ' • 426 222 Duties of superintendent, principal and teachers 426 222 CONTRACTORS— Must give bond for building 1340 203 CONTRACTS— Advertise for bids 1340 203 How let by board in special district 1259 81 Officers not to be interested in 1349 103 In independent districts not interested in 1294 95 Of irregular district ratified 1150 50 Proposals for contracts 1340 . 203 Teacher's contract must be in writing 1178 234 Is void when 1374 234 CONVEYANCE— Of real estate in independent districts 1310 100 CORPORATION— Each district a corporation 1140 48 COUNTY AGRICULTURAL AND TRAINING SCHOOLS— Acts legalized with reference to 1471 144 Appropriation by county commissioners .1455 138 Application to establish school, sent where 1463 141 Statement to accompany application 1463 141 Board of trustees created 1458 139 Appointed by county commissioners 1458 139 Bond to be given by 1459 139 Builds school when 1461 141 Consists of what members • 1458 139 County superintendent, a member, ex officio secretary 1458 139 No compensation to members 1459 139 Oath of members of board of trustees • 1459 139 Term of office of appointed member 1459 139 Vacancies, how filled 1458 139 Certificate of completion of course given 1465 142 Limited when 1465 142 Has value of second grade certificate, when 1465 142 XVI INDEX Section Page Certificate of indebtedness may be issued, when 1455 138 Cost of maintenance borne by county and state 1456 139 County school, how established 1455 138 Construction of buildings 1455 138 Election to be held 1455 138 Issue of certificate of indebtedness — .1455 138 Tax to 'be levied and amount 1455 138 County treasurer is treasurer of board of trustees . . . .1457 139 Is treasurer of united school • 1468 143 Donation of site and money may be received 1461 141 Elections legalized 1471 144 Fund created by the state 1469 143 Inspection of agricultural schools 1470 143 Levy for state fund for agricultural school 1470 143 Proceedings legalized , 1471 144 Qualifications of teachers in agricultural "schools 1460 140 Report of secretary to state superintendent 1464 142 Schools free to residents of county 1462 141 Site, how secured 1461 141 Standings accepted by certificating officer 1465 142 State aid, how secured 1464 142 Two or more counties may unite to establish school . .1466 143 Taxation for union school 1467 143 Treasurer for union school 1468 143 Warrant for state appropriation drawn when 1464 142 COUNTY aid- To consolidated, graded and rural schools 1 124 Election upon petition 1 124 Limit of tax 1 124 Tax, how apportioned 2 124 To night schools (b)l 130 COUNTY AUDITOR— Certificate required on bonds issued 1335 201 Draws warrant for institute fund, when 1391 227 Extends levy of independent district .1301 97 Levies tax to pay bonds, when 1338 203 Levies one-half mill tax 1224 192 Publishes lists 2 137 To furnish school district plats 1449 46 COUNTY BOARD OF APPRAISERS— Who are members 157 g COUNTY BOARD OF HEALTH— What officers constitute and duties 404 221 Must inspect school buildings, when 1186 61 COUNTY COMMISSIONERS— Appoints county superintendent in case of vacancy ..1373 110 Appoints trustees of county agricultural schools 1458 139 INDEX XVII Section Page Call election for county agricultural schools 1455 138 Forms new school districts, when '. 1147 50 May establish county agricultural school 1455 138 Levy tax for such school 1456 139 May rearrange boundaries of school district 1146 50 COUNTY official- No commission or reward, shall receive 1529 46 Penalty for violation 1529 46 COUNTY SCHOOL NURSE— (See School Nurse). - (See Health and 'Inspection of Pupils). How appointed 1346 220 Duties 1346 220 COUNTY SUPERINTENDENT OF SCHOOLS— Absence from county 1139 42 Action on district treasurer's bond 1171 57 Administer oaths, power to 1133 41 Apportions the tuition funds 1133-1217 4, 196 Applications for aid to rural, graded and consolidated schools 1443 120 Advises and directs teachers 1124 39 Approves accounts for aid to evening schools (a) 3 129 Blanks, distributes to school officers 1125 40 Calls election on special district 1231 73 Carries into effect instructions of state superintendent 1125 40 Certified statement of number of schools, files 1394 228 Compulsory education, duties in enforcing 1345 115 Consults state superintendent about institutes 1393 227 Convenes teachers for instruction 1125 46 County commissioners must examine records 3543 47 County commissioners must provide office room 3293 46 County superintendents meetings, to attend 1111 14 Decides questions of school law 1132 41 Directs expenditures for support of night schools ....(b) 2 130 Deputies may appoint 1136 41 Salary of deputies 1136 41 Distributes blanks to school officers 1125 40 Duties of 1123-1125 39, 40 Election of Name on non-partisan ballot 1-6 107-108 Two candidates nominated, when 1-6 107-108 Elections, duty in first election in common school district 1152 51 Formation of special district 1231-32, 1236 73-74 As to result of election 1234 74 Enumeration sent to whom 1195 63 Examinations for teachers' certificates, conducts ....1370 233 Exempt from jury duty 814 42 XVIII INDEX Section Page Expenses <. .• 1137 42 Fills vacancies in district offices 1324 110 Furnishes assessors with maps of districts 1129 41 General duties 1123-1125 39, 40 Carry out instructions of state superintendent ...1125 40 Distribution of blanks 1125 40 Hold teachers' meetings 1125 40 Shall visit schools 1124 39 Institute fund, how created 1391 227 Statement of institute fund must make 1391 227 Instruct officers in record keeping 1126 40 List of officers to be filed 1130 41 May organize teachers' training schools 1393 227 Medical inspection, duty to aid in 1346 220 Meeting of superintendents to attend 1111 14 Member of board of adjusters 1728 194 of board of appraisers 300 166 of board of arbitration- 1327 199 of board of trustees of county agricultural school 1458 139 of county board of -health 404 221 Mileage of county superintendent and deputies 1137 42 Must prescribe fire drills, when 2 213 Fire guards, duty as to 3 213 Notify district treasurer of apportionment 1217 196 Oaths, may administer, when 1133 41 Office, stationery, etc 1138 42 Officers' meetings annual .1127 40 For record keeping, special 1126 40 Penalty for failure to make report 3542 46 Plats and maps furnishes to assessors 1129 41 Preserve documents 1128 40 Qualifications of county superintendent 1122 39 Record of official acts 1128 40 Record of visits 1124 39 Report to state superintendent 1135 41 Report delinquent teachers, when , 1134 41 Reports teachers' insurance fund 1511 241 Salary ." 1137 42 School law, decides questions of 1132 41 Seal of county superintendent 1128 40. Shall not absent himself from county 1139 42 Shall not engage in other occupations 1139 42 Shall receive no commission 1529 46 Penalty for vialtion 1529 46 Special district, calls election to form . . . ". 1231 73 Supervises common schools 1123 39 Teachers, advises 1124 39 INDEX ' XIX Section Page Convenes for instruction 1125 40 Teachers' institute, gives notice of 1385 237 Term of office 1121 39 Vacancies in office filled, by 1323 110 Vacancies in office of, filled how 1323 110 Visits and inspects schools ' 1124 39 Withhold county tuition fund, when 1214, 1216 191, 192 COUNTY TREASURER— Acting district treasurer, when 1165 54 Is treasurer of county agricultural and training school 1457 139 Keeps accounts with school districts 1220 198 Must file statement with county superintendent 1220 198 Must send statement to clerk and treasurer .1220 198 Negotiates bonds when . . .'. 1337 203 Notifies clerk when money is drawn 1219 198 On equalization board, when 1327 199 COUNTY TUITION FUND— Apportioned by county superintendent 1225 192 DrawA on for teachers' insurance fund 1515 241 How created 1224 192 COURSE OP STUDY— For common schools prescribed by whom 1109 14 CREAM TESTING— Taught in schools how and when 1 to 6 123 CREDIT GIVEN— For reading circle work 1396 228 From agricultural schools 1465 142 On diplomas of higher education 1365-1366 231 On high school diplomas 1369 232 On normal school diplomas • 1365-1366 231 On standings of summer schools 1368 232 CURATIVE ACTS— Indebtedness and warrants legalized 1 195 Previously organized districts declared legal 1150 50 Refunding bonds, legalized 1 195 DEAF AND DUMB CHILDREN— Entitled to education free, when 1689 259 DEBT LIMIT— Bonds and other indebtedness 1334 201 Fixed by state constitution 183 10 How increased, Chapter 26 Appendix A 267, 271 Must not be exceeded by certain bonds .2 195 DEBT— Void, when 2218 204 DECENCY AND HEALTH— Provisions for 1403 221 XX ' INDEX Section Page DEFECTIVE CHILDREN— Compulsory education of 1342 114 DEPOSITORY FOR SCHOOL FUNDS— All school funds must be deposited in the Bank of North Dakota 7 198 DEPUTIES— County superintendent may appoint, when 1136 41 Salary of deputy 1136 41 State superintendent may appoint .1120 16 Oath of office of deputy .703 17 DISCONTINUANCE— Of school term, when 1189 67 DISTRICT CLERK— Appointment by common district board 1160 53 by board in special district 1148 77 Compensation and duties (common school district) ..1164 54 Compensation and duties (special school district 1248, 1250 77 Duty as to bonds 1335-1339 201-203 False reports, penalty for 1354 103 Notify county auditor of tax levy. (See Appendix A) 1182 267 Notice of election of officers to give -1158 53 Vacancy, sent to whom 1324 110 Post notice of election 1155 52 Records open to public 1198 64 Shall receive no commissions .- . • 1529 46 Tax levy notice to county auditor. (See Appendix A) 1182 267 Vacancy how filled 1325 110 DISTRICT HIGH SCHOOL— Adjacent districts may join ". . 1194 63 How established and controlled ■ 1192 63 Length of term in district high school 1193 63 DIVISION OF PROPERTY— In special districts 1230, 1237 73, 74 DOORS, SCHOOL HOUSE— Outside doors must be at least four feet wide 2995 213 Must open outward 2995 213 DRILLS, FIRE— - City superintendent to prescribe rules 1 212 County superintendent to prescribe rules in rural schools 2 213 Must be given twice each month in all schools 1 212 Salary withheld when 1, 2 212, 213 Teacher shall give 1 212 DRINKING CUPS— Public use of, prohibited in schools of all kind 2592 222 School boards shall not furnish 2953 222 School board shall not permit 2954 222 Penalty for violation 2954 222 INDEX XXI Section Page DUTIES OP TEACHERS— Assignment of studies 1387 116 Bible, reading of 1388 112 Branches to be taught 1383 236 Certificate, must have ... 1380 236 Certificate must be recorded 1372 233 . Certificate or permit to whom granted 1372 233 May be revoked for cause 1374 234 Contract must be in writing 1178 234 When void 1372 233 Delinquent teachers reported by whom 1134 41 Examinatiou for certificate 1370 233 Dates of examination • 1370 233 Excused Jrom attendance at institute, when 1385 237 Grades pupils 1387 116 Holidays, what are 1382 236 Humane treatment of animals, must teach 1384 237 Institute and training school, must attend 1385 237 . Instruction concerning the nature of alcoholic drinks and narcotics must be given. Required by State Constitution. Kindergarten teacher must hold certificate 1402 113 May suspend pupil, duty in such case 1386 115 Must hold certificate • 1380 236 Moral instruction must be given 1389 113 No compensation when 1380 236 Notice of beginning and closing school 1379 235-6 Penalty for failure to attend institute 1385 237 Physical education, instruction in, must be given .... 1390 113 Qualifications of teachers 1372 233 Receive no commissions • 1529 46 Re-examination of papers, when 1371 233 Register what to contain 1381 236 Relatives of board may teach, when 1173 57 Report to county superintendent .1381 236 School year and school week defined 1382 236 Superintendent of city school supervises 1378 235 Wages held back, when 1381 236 Writing must be taught 1451 113 EDUCATIONAL ASSOCIATION— Proceedings to be published 1119 16 Teachers and superintendents may attend ....1401 228 EDUCATIONAL COMMISSION— Appointed by whom 7 28 Compensation, to be fixed 7 28 Duties "^ 28 State superintendent a member • 7 28 XXII INDEX Section Page EDUCATIONAL LEGISLATION— Proposals submitted to State Board of Administration 1742 3') To be publislied 1742 35 ELECTION OF OFFICERS IN COMMON SCHOOL DISTRICT— Canvass votes 1157 53 Certificate of election .- 1158 53 Conduct of election - 1157 52 Date of election 1151 51 Election officers 1156 52 First election called by county superintendent 1152 51 Election of officers 1151 51 Notice of election 1155 52 Posted fourteen days 1155 52 ' Oath of election officers r . . . . 1155 52 School officers •..".. 1159 53 Officers to be elected 1151 51 At first election 1151 51 Who may be officers '. 1153 51, 52 Polling places how established ; 1152 51 Polls open, hours of election 1154 52 Tie, how determined 1157 53 Voters, who are - 1153 51, 52 ELECTIONS— By secret ballot 129 6 Build or remove school houses 1185-1188 60,61 Certain city school officers, how elected 1?15 101 Consolidation of schools. (See Appendix A) 1190 270 County agricultural schools, to establish 1455 138 District high school to establish .'.... .1192 63 First officers in new district 1152 51 First officers in new special district 1244 76 Independent district to create 1286 93 Officers of common school districts, (See election of officers in common school districts). First election in new district 1152 51 Officers of Independent School Districts. (See Independent School Districts). Officers of Special School Districts. (See Special School Districts). Question of conveying pupils' (See Appendix A) . . . .1190 270 School houses and sites to determine 1184 60 Special districts to form 1231, 1236, 1243 73,74,76 To lease buildings in special districts 6 88 ELECTION FOR BONDS— Bonds of common school district, to issue 1332 200 Ballot for election on bonds 1333 201 Called only on petition I333 2OI INDEX XXIII Section Page Notice of election on bonds 1333 201 Bonds for special district, election for 1272-1274 83-S4 ELEGIBILITY— To hold office or vote 1153 18 ELECTION OF STATE AND COUNTY SUPERINTENDENT— To be without party designation 1-6 107, 108 EMBEZZLEMENT— f Use of school funds is, when 1351 103 EMERGENCY COMMISSION— Duties of 1 to 6 35,36 Receive reports 3 36 EMINENT DOMAIN— Exercise of for school site 1187 61 ENABLING ACT— Provisions of 3-4 ENGLISH LANGUAGE— Must be medium of instruction 1199 64 Records must be kept in English 1199 64 ENUMERATION OP CHILDREN OP SCHOOL AGE— (See Census). EQUALIZATION OP INDEBTEDNESS— Arbitration board constituted 1327 199 Maximum levy for equalization 1329 200 On change of boundaries 1237 74 Property to be considered 1327 199» Tax levy to equalize and pay previous debts 1328 200 Proceeds to be turned over to district 1330 200 Special district must equalize on change of boundaries 1237, 1240 74, 75 Special district by special act m.ust equalize 1321 102 EQUIPMENT POR TEACHING GRAIN GRADING AND CREAM TESTING— County commissioners must furnish .1 123 Disposition of equipment 2 123 How used 3, 5 123 School board to furnish, when 4 123 EVENING SCHOOL— Appropriation for evening schools (a) 4 129 Duty of State Superintendent with reference to (a) 2 129 Of County Superintendent • (a) 3 (b)2 129, 130 How established (a) 2 129 One-half salaries of teachers paid by the state (a) 3 129 School board may organize (a)l 129 Support af (a)3 129 (See night schools). EVIDENCE— Clerk's record, transcript of, is, when 1250 77 EXAMINATIONS— (See certificates, teachers). XXIV INDEX Section Page EXEMPTION OF PROPERTY FROM TAXATION— All public school property exempt from taxation. . (1) 2078 '208 Church property exempt • . . . (1) 2078 208 All property, real or personal, belonging to the state .... (2) 2078 208 Property of charitable institutions, when exempt (6) 2078 208 EXITS FROM SCHOOL HOUSES— How constructed 1200, 1499 209, 212 EXPENDITURES— Must not exceed revenues (Independent District) ....1308 99 EXPERIMENT STATIONS— Laws governing same 1619 et. seq. 137 EXTENSION AND DEMONSTRATION— Appropriation for under Smith-Lever Act 1 136 FEDERAL LAND GRANT— Sixteenth and thirty-sixth sections .10 3 Minimum price per acre 11 3 Five psr centum proceeds sale public lands 13 3 90,000 acres to agricultural college .16 4 500,000 acres to other institutions 17 ' 4 FEEBLE MINDED— Care of feeble minded persons • .1714 263 Compulsory education of 1342 114 Enumeration of 1195 63, 64 FEEBLE MINDED, INSTIT'UTION FOR— (See Sections 1709 to 1721— pp. 261-265, also Section 1, page 265). FEES— For teachers' certificates 1376 235 FENCES— To be placed around school grounds 1205 65 FIRE DRILLS— City superintendent to prescribe rules 1 212 County superintendent to prescribe rules for rural schools 2 213 Salary of teacher withheld, when 1-2 212, 213 Teacher shall give 1 212 Twice each month in all public schools 1 212 FIRE ESCAPES— Duty of what officer to provide 1202 212 Penalty for neglect of duty 1203 212 Required on what school houses 1201 212 FIRE GUARDS— Duty of superintendent 3 213 Duty of school board 3 213 Penalty for violation 3 ' 213 FIRE MARSHALL— Duties of 202 32 INDEX XXV Section Page FINES— Paid into school fund 1209 190 FINES AND PENALTIES— Compulsory attendance 1344 115 Contracts without advertising for bid 1356 104 County superintendent or deputy for receiving commission ; 1529 46 Disturbing school 1355 104 Embezzlement of funds .' .1351 103 Failure to comply with sanitary orders 1494 210 Failure to endorse unpaid warrants 1353 103 Failure to install fire escapes ^ 1203 212 , False election returns 1348 103 Neglect of duty 1347 102 Removing school furniture 1183 59 Speculation in office 1349 103 Teacher not attending institute 1385 237 Unlawful drawing of school money 1350 103 Violation of depository law 7 . 198-9 Violation of sanitary provisions 1494 210 Wilful disturbance of school 1355 104 Without advertising for bids 1356 104 FISCAL YEAR— Begins when 632 33 FLAG, UNITED STATES— Desecration of flag a crime 10232 219 Meaning of flag 10233 219 Must be displayed, when 1400, 1820 218 Penalty for offense against flag 10235 219 School Boards must provide 1400 218 State institutions must have 1820 218 FLAG, STATE— Design for, prescribed • 1915 219 FLOWER, STATE— Wild prairie rose 220 219 FREE KINDERGARTENS— May be established, how 1402 113 Supported how 1402 113 Teachers in, must hold certificate 1402 113 FREE PUBLIC SCHOOLS— What are 1415 13 FREE TEXT BOOKS— Contract for what length of time 1397 214 How and when furnished 1398 214 May be furnished 1397 214 Price list and samples must be filed 1397 214 (■See provisions of uniform text Book Act pages 215-218). XXVI INDEX Section Page FUNDS— (See School Funds). FUNDING INDEBTEDNESS— Certain cases legalized 1 195 GOVERNOR— Appoints certain members on state board of administra- tion 1 27 Must designate Mothers' Day 1916 220 Report of Rural School Inspector made to governor and state superintendent 1444 120 Report of State Board of Administration made to 10 27 Report of state superintendetn made to 1116 15 GROUNDS— School grounds must be fenced 1205 65 GUARDS, FIRE— Duty of county superintendent 3 213 Duty of school board to provide 3 213 Penalty for violation 3 213 HEALTH- AND INSPECTION OF PUPILS— Blanks furnished by whom 1346 221 Contagious diseases 426 222 County board of health, duties 404 222 County and city superintendents must co-operate ....1346 221 County school nurse, how appointed 1346 220 County school physician, how appointed 1346 220 District may employ nurse, when 1346 221 Duties of nurse and physician 1346 220 Local board of health supervises 1346 221 Section Page Petition for appointment of nurse must be signed by majority of school districts 1346 221 Sanitary conveniences must be provided 1403 221 HIGH SCHOOL AID— Appropriation for aid to high school • 1433 127 Amount paid to each high school 1433 127 Application for aid sent to board 1433 126 Apportionment of funds 1433 126 Agriculture, manual training and domestic science . . . 1433 126 High school examiner, report of 1438 128 High School Inspector 1433 126 Powers of state board 1430-1437 125-128 Record of proceedings 1438 128 Requirements for classification 1432 125 Schools classified 1431 125 Schools to maintain special departments, requirements 1434 127 Number of such schools ^ 1435 127 INDEX XXVII Section Page HIGH SCHOOL— Board of education to egj;ablisli and maintain ....1251 (3) 78 District. (See district high school). HIGH SCHOOL INSJ'ECTOR— How appointed 1433 125 Duties, term of office 1433 126 Report, wlien made, what to contain .1438 128 HIGH SCHOOL EXAMINER— Report made to state superintendent 1438 128 What to contain .' 1438 128 HITCHING POSTS— School board must provide 1207 65 HOLIDAYS— What are holidays 7297 116 Certain holidays to be observed 1382 116 No school to be taught on 1382 116 When following day is holiday 7298 117 ILLITERACY— Legislature must take steps to prevent • 151 7 IMPROVEMENT OP SCHOOL GROUNDS— Amount to be expended annually 1206 65 Fences to be constructed, when 1205V 65 Tree planting 1204 65 INDEBTEDNESS— Bonds to pay outstanding, may be issued 1332 200 Equalization of 1327 199 By board of education 1327, 1260 37, 43 Indebtedness declared legal 1 195 Bonds may be issued when 1 195 Pending actions not affected • 2 195 INDEPENDENT SCHOOL DISTRICTS— Authority to issue bonds 1303 97 Board of education constituted 1290, 1293 94 Corporate powers 1293 94 Election of 1290 94 Conduct of election 1291 94 Date of election 1291 94 General powers of board 1297 95, 96 May admit non-resident pupils 1300 97 May sue and be sued 1293 94 Meetings of board 1295 95 Organization of board 1293 94 Powers of board 1298 96 Responsibility of board T 1294 95 Secretary of the board 1296 95 Vacancies how filled 1292 94 Visiting schools 1299 97 XXVIII INDEX Section Page Bond of treasurer .^ 1305 98 Bonds, may issue . • 1303 97 May redeem, how and when, Chapter 270, Laws 1915 1 204 Boundaries of district .' 1289 93 City council to pass certain ordinances 1314 101 Debts of old district assumed 1312 100 Drinking cups, public use of prohibited 2953 222 Election to create independent district 1286 93 Ballots, form of 1288 93 Canvass of votes 1288 93 Notice of election 1287 93 Election of members of the board 1290 94 Expenditures not to exceed revenues 1308 99 Flags to be provided and displayed 1400 218 Free text books, may furnish, when and how 1397-8 214 Funds, how kept and paid out 1306 98 Health and decency, duty as to 1403 221 How organized 1286 93 Independent by special act abolished how 1319 101 Kindergarten, may establish 1402 113 Name, of independent district 1289 93 Penalties credited to board of education 1314 101 Property, title to 1309 100 Real property, title to be conveyed how 1310 100 Refusal of member elect to serve, forfeit 1313 100 Rental public buildings, paid when 1 to 6 87-88 Report of treasurer, what to contain 1311 100 Superintendent and teachers, to attend educational association 1401 228 Taxes levied and collected 1301 97 Tax limit 1302 97 Text books, free, may furnish 1397-8 211 Treasurer, who is ., 1304 ' 98 Vacancy in the board, how filled 1292 94 Visit schools, members must 1299 97 INDEPENDENT SCHOOL ORGANIZATION— Formed by special act may be abolished, how 1319 101 INDUSTRIAL COMMISSION— Fixes rate of interest on deposits in The Bank of North Dakota 12 199 INDUSTRIAL SCHOOL— Laws governing same 1725 to 1737 144-147 INSPECTION OF SCHOOL BUILDINGS— Board to, how constituted , 1186 61 INSPECTOR— Of high schools, how appointed and duties .... 1249, 1433 125, 126 Of rural and graded schools, duties 1444 120 INDEX XXIX Section Page INTEREST— Rate on bonds of school districts 1334 201 On bonds for county agricultural and training schools 3 207 On deposits in The Bank of North Dakota, how fixed 12 199 On unpaid warrants ^ 1169 56 INSTITUTES, TEACHERS'— Appropriation for state institute fund 1392 227 How used 1392 227 Conductors and assistants, how appointed 1392 227 County institute fund how created 1391, 1394 227-228 Annual statement of- institute fund 1391 227 County superintendent, statement of institute expenses 1391 227 Course of instruction to be prescribed 1112 15 Expenses of conductors, etc., how paid 1395 227 Lecturers and instructors, how appointed 1392 228 Rules to be prescribed 1112 15 Statement of number of schools, filed by whom 1394 228 State superintendent to assist 1113 15 State superintendent appoints conductor, etc 1392 227 INSTITUTE FUND— Appropriation from state 1392 227 Certificate fees in county institute fund 1391 227 From county general revenue fund 1394 228 How fund is used 1393, 5 227-8 INSTITUTION FOR FEEBLE MINDED— (See Sections 1709-1721, pp. 262-265). Certain persons committed . . • 1714 263 Who may receive benefit 1714 263 INSTITUTIONS, STATE EDUCATIONAL— Part of free public school system 1415 13 JUVENILE COURT— Commissioner provided 1 257 Must keep record 3 258 Hearing of juvenile offenders 2 257 Compensation of commissioner 4 257 Purpose of law • 5 , 258 KINDERGARTENS— May be established, how and when 1402 113 Supported 1402 113 Teachers must hold certificates 1402 113 LAND GRANT— (See State Lands) LEGISLATURE— Limitations on 69 5 Must provide for free public schools 147 5 LIBRARY— Appropriation for by common school district board ..1176 57,58 XXX INDEX Section Page Books for, authorized by state superintendent 1176 58 Care of library by school board 1177 58 LIGNITE COAL, USE OF— In county buildings 1828 223 In public schools 1828 223 In state institutions 1828 223 Penalty 1828 223 Standards iixed 1828 223 Use of, when excepted 1828 223 LIST OF PUBLICATIONS— Agricultural college must furnish • -1 137 County auditor must publish 2 137 MAINTAIN school- How long to be in session in common school district. .1189 62 How long district high school to be in session 1193 63 For aid as graded school r 1441 117 For aid as rural school 1442 119 MEDICAL INSPECTION OF PUPILS— County and city superintendents to co-operate 1346 220 Exceptions when 1346 220 Indigent children to receive treatment 1346 220 Notice of defects sent to parents 1346 220 Provide for in schools 1346 220 Rural schools grouped for inspection 1346 220 School boards may employ medical inspectors and nurses 1346 220 Shall employ when petitioned : . .1346 220 MILEAGE— County superintendent 1137 42 MISDEMEANOR— Failure to endorse unpaid warrant .1353 103 For county officer to receive commission 1529 46 Letting contract without bids 1356 104 Speculation in office 1349 103 Unlawful drawing of school money • 1350 103 Violation of depository law 7 198-9 MODEL SCHOOL— Students shall pay tuition (b)l 104 MORAL INSTRUCTION— Must be given in school 1398 113 MOTHERS' DAY— Governor must designate second Monday in May ....1916 218 NARCOTICS— Nature and effects of, must be taught in public schools 1383 116 NIGHT SCHOOLS— Appropriation and levy by county commissioners ....(b)l 130 Fund expended under direction of county superintendent (b)2 130 INDEX XXXI Section Page One half expenses paid by county (b)l 130 One half expenses paid by district (b)l 130 (See evening schools). NON-PARTISAN ELECTION OF COUNTY AND STATE SUPERINTENDENT— 1 TO 6 107-108 NON-RESIDENT PUPILS— School board must admit to schools .■:..1179 59 Special district may admit 1251 (14) 79 NORMAL SCHOOLS— Diplomas accredited 1365, 1366 231 Tuition charged in model school (b)l 104 General provisions of law governing normal schools 1578 225 NORTH DAKOTA ACADEMY OF' SCIENCE- Laws governing same 1596 147 NORTH DAKOTA EDUCATION ASSOCIATION— Board may allow teacher to attend 1401 228 Proceedings to be published 1119 16 Teacher may attend meeting without loss of pay 1401 228 NORTH DAKOTA SCHOOL OF FORESTRY— Laws governing same • 1674 148 NUMBER OF SCHOOLS— Statement by county superintendent 1394 228 OATH OF OFFICE— Deputies must take 703 17 Members of board of education 1270 83 Officers must take 661 108 Of school director 1159 53 To be filed with clerk 1171 57 OFFICERS— Annual meeting of school officers 1126 40 Of common school district 1151-1161 51-53 Terms of (See terms of office). OFFICIAL BONDS— (See bonds, official). ORPHANAGES AND CARE OF THE POOR— Child deemed abandoned, when 5110 255 Children apprenticed must be educated 4482 255-6 Children may be bound out 2532 255 Children's welfare societies, how organized 5100 . 254 Dependents cared fbr at public expense 5109 254 Superintendent directs education 2537 255 PENALTIES— (See Fines and Penalties). PENSIONS, TEACHERS— (See Teachers' Insurance and Retirement Fund). PERMANENT SCHOOL FUND— Interest and income how distributed 154 7 How invested 162 9 XXXII INDEX Section Page Safety of 165 10 Source of 153 7 PENALTY— For approval of faulty plans 1494 210 False election returns 1348 103 False reports 1354 103 Failure to endorse and pay warrants 1353 103 Neglect of duty by school officer . .- 1347 102 Unlawfully drawing school money 1350 103 Unlawful purchase by school officer 10189 104 PERMITS TO TEACH— Fees to be deposited when issued 1376 235 Granted to whom and when 1367 232 PETITIONS— For bonding common school district 1333 201 For establishing county agricultural school 1455 138 For formation of special district 1231 73 PHYSICAL EDUCATION— Must be taught 1390 113 PHYSIOLOGY AND HYGIENE— Instruction in, to be given 1383 116 PLATS OF SCHOOL DISTRICTS— Prepared by County Auditor 1149 50 POLLING places- How established in common school districts 1151 51 POLL TAX— County auditor levies 1224 192 POSTAGE— County Superintendent 1137 42 PRESIDENT OF SCHOOL BOARD— (See common school district Board). PRIVATE EDUCATIONAL INSTITUTIONS— Laws governing same 5005-5016 265-6 PRIVIES— (See water closets). PROPERTY— Independent district may hold • 1309 100 PROPOSALS FOR CONTRACTS— Must be advertised for, when 1356 104 PROSECUTIONS— (See actions). PUBLIC BUILDINGS— May be used for public meetings, when 1 213 PUBLIC DRINKING CUP— School boards must not furnish 2953 222 Penalty 2954 222 Use of prohibited in schools 2952 222 INDEX XXXIIl Section Page PUBLIC HEALTH LABORATORY— Laws governing same 1650 133 PUBLIC INSTITUTIONS— Land grant for 215, 216 11, 12 Where located 215, 216 11, 12 PUBLIC MORALS— Instruction in, to be given 1389 113 PUBLIC NOTICE— For change of boundaries of school districts 1148 50 PUPILS— Board may expel for cause 1180 59 Graded by whom 1387 115 High School pupil must select course of study 1452 129 Must review certain subjects 1453 129 Teacher may suspend when • 1386 115 Must give notice to board and parents 1386 115 QUALIFICATIONS— County superintendent and deputies 1122, 1136 39, 41 High School Inspector 1433 125 Rural School Inspector 1444 120 State Superintendent 1105 13 Teachers for aided schools 1441-2 118,119 Teachers, for certificates 1360, 1363, 1372 229-30, 33 REAL ESTATE— Common school district sites, how obtained 1187 61 Independent district, how conveyed 1310 100 Special districts, how conveyed • 1242 76 READING CIRCLE— Board constituted 5 28 Credit for work 1396 228 Maintenance of 1377 235 RECORD OF OFFICIAL ACTS— State superintendent must keep 1114 15 RECORDS— Kept by clerk 1164 54 Must be kept in English 1199 64 Open to inspection 1198 64 REFUNDING BONDS— (See Bonds, Refunding). REPORTS— Board of Administration 10 29 Census, reported to whom and when 1195 63 City treasurer's report • 1311 100 Clerk of school district 1197 6'4 County superintendent 1135 41 Defectives, reported to whom 1196 64 Heads of state institutions ■ . 633 33 XXXIV INDEX Section Page High School Inspector 1433 126 High school examiner 1437 128 Rural school inspector 1444 120, 121 Superintendent of public instruction 1116 15 How distributed 1118 15, 16 Number of copies • 1117 15 To be printed 1117 15 Teachers' report at the close of school 1381 236 Treasurer of common school district 1218 197 (See Treasurer under independent and special districts). Trustees, teachers' insurance fund 1502 239 RIGHT TO OFFICE— County superintendent 43 State superintendent 17 RURAL SCHOOL AID— Advancement of school from class to class 1448 122 Aid obtained, by what schools 1440 117 Aid to consolidated schools. (See Appendix A) ....14.46 269 Amount of apportionment to schools. (See Appendix A) 1445 269 Amount of appropriation for each class of school 1450 122 Application for aid made to whom 1443 120 Apportionment to each school. (See Appendix A) ..1446- 269 Classes of consolidated schools, three 1441 117 Graded schools, three 1441 117 Rural schools, three 1442 119 Conditions required for graded schools 1441 117, 118 For rural schools .1442 119 Consolidated schools may obtain aid. (See Appendix A) 1446 269 What are consolidated schools. (See Appendix A) 1446 269 County aid, how obtained 1 124 Inspector of rural and graded schools 1444 120 Purpose of state aid 1439 117 Records kept by state superintendent 1447 122 Report on aided schools by state superintendent 1449 122 Schools ientitled to aid, what are 1440 117 SALARY— County Superintendent 1137 42 Deputies county superintendent 1136 41 High school inspector 1433 126 Members of state board of administration 2 27 Rural school inspector 1444 120 School district clerk 1164 54 School district treasurer 1172 57 INDEX XXXV Section Page State superintendent 1120 16 Teaclier's salary to be graded by board 1178 58 SANITARY CONVENIENCES— Must be supplied 1403 221 SCHOOLS, PUBLIC— Shall be free and accessible to all ._ 1343 13 SCHOOL BOARD— (See Common School District Board).' SCHOOL BONDS— (See Bonds of Common School District). SCHOOL COMMISSION- HOW constituted 6 28 Duties of 6 28 Report of 6 28 SCHOOL DISTRICT— (See Common School District). SCHOOL FOR DEAF AND DUMB— (The law governing this institution is found in Sections 1680 to 1697 on pages 258 to 261 inclusive), SCHOOL FUNDS— Accounts, how kept 1218 197 • Annual settlement 1218 197 County treasurer keeps accounts with districts 1220 198 Collects school taxes 1221 193 Pays funds to district treasurer 1219 198 County tuition fund, apportioned, how 1225 192 How levied 1224 192 Withheld when 1214 191 Deposited in The Bank of North Dakota 7 198 Deposit in The Bank of North Dakota releases treasurer and bondsmen 8 199 District funds controlled by treasurer 1213 191 Embezzlement of funds, what is 1351 103 Funds defined 1212 191 Kept separate 1211 190 How paid out 1168 56 Institute fund how created 1391 227 Appropriation for, by state 1392 227 Paid out, how, and for what 1393 227 Must be deposited in The Bank of North Dakota 7 198 Money from ferry leases to school fund 2068 192 One-half mill tax levied by county auditor 1224 192 Report of district treasurer 1218 197 Made annually in July 1218 197 Published by district school board 1218 197 State tuition fund apportionment 1208 190 Apportioned among counties by state XXXVT INDEX Section Page superintendent • 1210 190 Apportioned by county superintendent 1217 196 County treasurer reports 1209 190 Defined 1212 191 Excess, how used 1212 191 Funds kept separate 1211 190, 191 How raised 120S 190 How used 1212 191 New district entitled to 1215 192 Paid out by district treasurer 1213 191 Reverts to original fund, when 1216 196 State auditor, duty of • 1210 190 Warrants for, drawn on state treasurer 1210 190 Unlawful drawing of funds, penalty for 1350 103 When county treasurer pays district treasurer 1219 198 Withheld when enumeration not taken 1214 191 By county superintendent, when 1214 191 For failure to maintain schools 1216 196 SCHOOL GROUNDS— Area in common school districts 1187 61 Must be fenced, when 1205 65 SCHOOL HOUSES AND SITES— Approval of plans, by whom 1489 209 Board of inspection, duties 1186 61 Bonds for building school house 1332 200 Building plans inspected by whom 1489 209 Construction of school houses 1490 209 Ceilings 1490 209 Cleanliness 1490 209 Doors 1490 209 Heating 1490 209 Light 1490 209 Ventilation 1490 209 Contracts, how let 1340 211 Election to be called when 1185 60 Exits, kinds of .■ .1490 209 Grievances to be adjusted 1492 210 Houses to be kept clean 1490 209 How determined 1184 60 Inspected by county board of health, when 1186 61 May be used for other purposes 1183, 1 60, 213 Method of inspection of buildings 1492 210 Penalty for violation 1494 210 Penalty for injury to • 9846 213 Plans, consult with whom 1489 209 Approved by whom 1489 209 Furnished by state superintendent, when 1189 211 INDEX XXXVI] Section Page Must show what • 1490 209 Prepared how and by whom 1185 60 Proposals for building school houses 1340 211 Specifications for, must guarantee 1494 210 Toilet rooms 1491 210 ♦ Two-thirds vote necessary to remove school house ...1185 211 Ventilation flues, how constructed ." 1493 210 SCHOOL HOUSE SITES— Area , 1187 61 Bonds for purchase of 1332 200 How obtained 1187, 1461 61, 141 New school for remote pupils 1188 61 Obtained by eminent domain, when 8203 13 Reverts to original owner, when 1187 61 Selected by election 1185 60 SCHOOL LANDS— (See pages 161 to 189 inclusive). Federal lands donated for common schools 10 3 Minimum price at which to be sold 11 3 May be leased 11 3 Federal lands donated for state institutions ....14, 16, 17 3,4 Not to be cultivated 163 10 SCHOOL LAWS— To be published when 1118 15 How distributed , 1118 15,16 SCHOOL MONTH— Defined ' 1382 116 SCHOOL OF FORESTRY— Laws governing same 1674 148 SCHOOL NURSE— (See Health and Inspection of Pupils). SCHOOL OFFICERS— May be removed by court 1326 111 (See under different kinds of districts). SCHOOLS— Shall be free and accessible 1343 112 SCHOOLS, PUBLIC— Bible, not be excluded from 1388 112 Close for teachers' institute 1385 237 Course of study 1383 116 Free public schools, what are 1415 13 Must be free and accessible 1343 112 Must be maintained, how long 1189, 1193 62, 63 To share in funds 1216, 1217 196 Wilful disturbance of, penalty for 1355 104 SCHOOL OF SCIENCE— , Laws governing same 1596 147 XXXVIII INDEX Section Page SCHOOL TAXES— (See Taxes). SCHOOL TERM— Increased on petition 1191 62 Lengrth of and how fixed 11S9 62 Minimum length of term 11S9 * 62 To share in funds 1216 196 Special districts, length of term 1251(1) 78 When term discontinued 11S9 62 SCHOOL TREASURER- Acooxmts how kept 1218 197 Settlement when 1218 197 Annual report made in quadruplicate . • 121S 197 Action on bond 1171 57 Additional bond, when required . .1166 55 Bond of treasui'er 2 55 Piemium on, paid by district, when 2 55 Bonds of district, how negotiated - 1337 203 Couniy treasurer to pay funds to whom 1219 19S Deposit all school funds in The Bank of North Dakota 7 198 Embezzlement of money, what is 1351 103 Endorsement of unpaid warrants 1169 56 False reports, penalty tV" 1354 103 Funds, how paid out . 1168 56 Liability ceases with deposit in The Bank of North Dakota * • - • S 199 Notice to drawee of \inpaid warrants .. ...1169 56 Personal bond 1-* 56 Records open to the public . . ■ . -1213 191 Report, form of., quadruplicate ...1218 197 False report, penalty for - - .1350 130 Must be published .1218 197 County superintendent publishes report, whenl218 197 Salary of treasurer 1172 57 Settlement with board to be made annually in July ..121S 197 Surety bond 1* ^^ Vnlawful drawing of money, penalty for . . .1350 103 Warrants unpaid to be endoi'sed 1169 56 Notice to drawee when funds .^> i."y 1169 56 Penalty for failure to endorse -^53 103 When county treasurer pays funds to district - ;" 19S SCHOOL WARRANTS— Cancelled warrants t .delivered to school board, when 1218 197 Money paid only on proper warrants «. . -55 SO No money to be paid except on proper warra- .16S 56 Notice to drawee of sufficient tunds . .'. . .169 56 Only for prior indebtedness '■''? ?^ INDEX XXXIX Section Page Penalty for failure to endorse unpaid 1353 103 To be endorsed when ' 1169 56 Unpaid bear interest 1169 56 ■What to specify 1170 56 SCHOOL WEEK— Defined 1382 116 SCHOOL YEAR— Defined 1382 116 SEAL— Board of education in independent districts, must have 1293 194 ■ In special districts must have 1241 76 County superintendent must have .1128 40 Superintendent of public instruction must have 1115 14 SECRETARY— Board of education, duties of 1296 95 State board of adminis'tration appoints 4 27 Teachers' insurance and retirement fund 1498, 1500 238 Trustees of county agricultural and training school 1458 139 SINKING FUND— Created, must be in bonded districts 1336 202 In independent districts, created how and when 1303 97 In special districts, created how and when 1276 84 Must be deposited in The Bank of North Dakota 7 198 SPECIAL SCHOOL DISTRICT— Adjacent territory, may be attached how 1240 75 Becomes part of general district, when ..• 1261 81 Board assumes contract, when 1260 81 Board of education and quorum 1245 77 Clerk, duties of 1250 77 Compensation of members 1246 77 Duties of board 1251 78 Election of board members, when 1262 81 Ballot, official 1265 82 Candidate how to become 1265 82 Canvass of returns 1268 83 Certificates of election 1268 83 Notice of election 1263 82 Form of notice 1264 82 Officers of election 1267 82 Precincts for election 1267 82 Provisions to govern election 1266 82 Flags shall purchase 1400 218 Free text books may provide . . • 1397 214 When and how to provide free text books . . . .1398 214 Health and decency, duty of board 1403 221 Kindergarten, may be established how 1402 113 Lease buildings, power to 1 87 Advertise for bids 3 88 XL INDEX Section Page Election when 6 88 Legal construction of payment of rental 5 88 Plans and specifications 2 87 Tax levy to cover rental 4 88 Meetings of board 1247 77 Members must not be interested in contract 1246 77 Oath of office 1270 83 Organization of the board, when 1248 77 Powers of the board 1251 78 President, duties of 1249 77 Records open to inspection 1250 77 Teachers may attend meeting of Education Association 1401 228 Terms of office 1245 77 Vacancies in the board, how filled 1271 83 Bonded debt of old district, how paid 1239 75 Tax levy for payment 1238 ' 74 Bonds of special districts. (See bonds of special districts). Cities governed by provisions of Article 11 1229 73 Creation of a special school district 1229-30 73 Conveyance of property, how executed 1242 76 Constituted, when 1235 74 Contracts, members must not be interested in 1246 77 Corporation, name of . . . • 1241 76 Debt limit of the district 1275 84 Detachment of territory 1240 75 Division of property 1237 74 Drinking cups, public use of, prohibited 2953 222 Election of officers, first 1236 74 To form district, called by county superintendeijt 1231 73 Ballots form of 1233 74 Conduct of election 1232 73 Notice must be given 1232 73 Results announced by county superintendent 1234 74 Establish kindergartens, when and how 1402 113 Expenditures on written contracts 1259 81' Excess of $500.00 must be on bids 1259 81 First election of officers . . . • 1236 74 Flags to provide 1400 218 Free text books, when and how • 1398 214 How formed from common school districts (a) 73-76 How formed in towns or cities (b) 76 How organized • 1243 76 Election of first board 1244 76 May become part of general election 1261 81 Name of corporation 1241 76 Petition for organizing special district 1231 73 INDEX XLI Section Page Platted or incorporated city or village may become ..1230 73 Portion of district may become special district ...... .1230 73 Rental public buildings paid, when 1, 2 105 Supervision of school, by whom 1252 79 When under county superintendent 1252 79 Territory outside may be included .1230 73 Tax, annual levy, when made 1258 80 Taxable property 1257 80 Treasurer, who is 1254 79 Bond of treasurer 1256 , 80 Custodian of funds 1253 79 Duties of treasurer 1255 80 Vacancy in board of education how filled 1271 83 What cities may become special districts • 1229 73 SMITH-HUGHES ACT— Appropiiations 1, 7 136, 151 How used • 8 151 Acceptance of provisions 1 149 Powers and duties of state board of administration ... .4 150 Reimbursement of schools 6 150 School board must co-operate 5 150 State board of administration administers 3 149 State treasurer custodian of funds 2 149 SMITH-LEVER ACT— Extension and demonstration 1 136 SPECULATION IN OFFICE— Forbidden ■ •. 1349 103 Receiving commission forbidden 1529 46 STABLES— In rural districts, provided when 1207 65 STATES ATTORNEY— Must advise school officers 3376 ' 41 Must prosecute for not complying with compulsory attend- ance law • 1345 115 STATE AUDITOR— Institute fund, warrants on 1393 227 Tuition fund, duties as to 1210 190 STATE BOARD OF CONTROL— (This board has been abolished and its duties transferred to the state board of administration). STATE BOARD OF EDUCATION— (This board has been abolished and its duties transferred to the state board of administration). STATE BOARD OF EXAMINERS— (This board has been abolished and its duties transferred to the state board of administration). STATE BOARD OF REGENTS— (This board has been abolished and its duties transferred XLII INDEX Section Page to the state board of administration). STATE HIGH SCHOOL BOARD— (This board has been abolished and its duties transferred to the state board of administration. STATE BONDING FUND— How created 4 ' ^5 Officers bonded in 2 55 STATE INSTITUTIONS— Must make inventory 1827 37 Treasurer of, duties 1808 37 Superintendent must care for 1809 38 STATE OFFICERS— Boards must supply data 114 30 Duties of fire marshal! 202 32 Of state examiner 226 32 Of governor 113 29 Of state auditor 1393, 1818 227, 32 May employ clerical help 115 30 STATE TREASURER— Institute fund paid on state auditor's warrant 1393 227 Treasurer of teachers' insurance and retirement fund 1498 238 STATE TUITION FUND— How created 1208, 1209 190 County superintendent apportions among school districts 1131 41 State superintendent apportions among counties ....1210 190 STATE UNIVERSITY— Graduates entitled to certificates, when 1553 226 Land grants 14 4 Laws governing 1539, etc. 152-160 STATEMENT Of schools for institute fund to be filed by county superintendent 1394 228 STUDIES— Additional studies determined by school board 1181 59 Assigned by teacher 1387 116 County superintendent to decide, when 1387 ^ 116 Certain studies to be reviewed in senior year 1453 129 Required for teachers' certificates 1360, 1364 229, 230 Selection of course , 1452 129 To be taught in common schools • . .1383 116 Writing to be taught 1451 113 SUPERINTENDENT OF CITY SCHOOL— Board may appoint '■ ■ 1251(9) 78 May issue employment certificate 1406 249 Must have certain studies reviewed 1453 129 Not controlled by county superintendent 1123 39 Shall report recommendations to board • 1378 235 INDEX XLIII Section Page Supervision of the schools of the city 1252 79 SUPERINTENDENT OF PUBLIC HEALTH— (COUNTY)— Appointed by county commissioners 404 221 SUPERINTENDENT OF PUBLIC INSTRUCTION— Advises county superintendents and school boards 1110 14 Appeals from county superintendent of schools, decides 1110 14 Appeals, shall file records .1114 15 Appoints inspectors of schools 1429 16 Appoints deputy and assistants 1120 16 Appoints institute conductors, instructors, etc .1112 15 Approves accounts, institute conductors' expenses ...1393 227 Approves plans for school houses 1489 209 Assists at teachers' institutes 1113 14 Attends teachers' institutes • 1113 14 Biennial report, shall make 1116 15 Shall print and distribute 1117 15 What to show 1116 15 Books and documents shall preserve 1106 14 County superintendents meetings to call 1111 14 Shall advise 1110 14 Course of study, duties with reference to 1109 14 Education association, shall publish proceedings of 1119 16 Election of 1105 13 On non-partisan ballot 1 107 Two candidates nominated • . . .4 107 General duties 1113 15 General supervision of public schools 1107 14 Inspection of county agricultural and training schools, duty 1460 140 Of rural and graded schools, duty as to 1444 120, 121 Institutes, appoints conductors of, etc 1392 227 Assists at institutes 1113 15 Course of instruction for, prescribes 1112 14 Rules for institutes and training schools 1112 14 Lists of publications to furnish .1108 14 May require the establishment of evening schools ..(a) 2 129 Member of board of administration 1 27 Member of state canvassing board .1121 16 Member of state board of university and school lands 156 8 Member of educational commission 7 28 Member of teachers' insurance and retirement fund board 1495 237-8 Plans for school houses, must approve 1185, 1489 60,209 Qualifications 1105 10 Rules for teachers' institutes, shall prescribe 1112 14 Record of official acts, shall keep 1114 15 Reports on rural and graded schools aided 1449 122 Salary of state superintendent 1120 16 XLIV INDEX Section Page Sample copies of text books, sent to 1397 214 Scliool laws printed and distributed, when 1118 15 Seal, shall have 1115 15 Shall preserve documents 1106 14 Supplies and blanks shall furnish 1108 14 Term of office 1105 13 Text books approved lists, furnished 1397 214 Traveling expenses 1120 16 Vacancy, how filled • 1332 110 SUSPENSION OF PUPIL— By school board 1180 59 Teacher may suspend, when • 1386 115 SUPPLIES— Blanks furnished by State Superintendent 1108 14 TAXES— Annual school tax 1222 193 (See Chapter 61, Special Session, Laws 1919, Appendix A, Page 271). Collections certified to county superintendent 1225 192 County agricultural school, county tax for 1456 139 Delinquent taxes apportioned • 1226 192 Equalization of debts maximum levy 1329 200 How and when collected , 1221 193 In districts having no school boards 1228 194 Levy, how made and when 1182, 1222 267, 193 Levy of county tuition tax (one-half mill) 1224 192 Levy to pay judgment 1223 193 Maximum levy for final judgment 1227 194 Property exempt from taxes 2078 200 Tax to equalize indebtedness • 1327 200 Uniform, taxes must be , . 1227 194 TEAC^HRHS— (See duties of teachers). Must exclude from school pupils having contagious diseases 426 222 Relative of Board elegible, when 1173 57 TEACHERAGES— Board may build, when a 104 TEACHERS' CERTIFICATES— (See certificates). TEACHERS' COLLEGE— Diplomas accredited 1365 231 TEACHERS' INSTITUTE— (See institutes). Appointment of conductor, etc 1392 227 Rules for, by state superintendent 1112 14, 15 State superintendent to attend 1113 15 TEACHERS' INSURANCE AND RETIREMENT FUND— Annual meeting of members 1496 238 INDEX XLV Section Page Annuity, amount of 1521 243 Diminished, when 1522 243 Not subject to legal process 1527 243-4 Paid quarterly 1524 243 To cease, when 1526 243 Application, made to whom 1520 243 Assessments, amount of 1520 243 Back assessment paid . . ■ 1517 242 Mandatory on new teachers after January 1,1920 1505 239 Optional in state up to January 1st, 1920 1506 240 Retention of 1503 239 Board of trustees, members of 1495 237-8 Compensation of board and of secretary 1500 238 Expenses of, paid 1500 238 Meetings of 1499 238 Organization of 1498 238 Elect president and secretary 1498 238 State treasurer, ex officio treasurer 1498 238 Regulations of 1499 238 Report of, annual 1502 239 Vacancies in 1497 238 County tuition fund, drawn on 1515 241 Fund created 1495 , 237-8 From assessments 1504 239 From county tuition fund 1515 241 Name of 1516 242 Funds invested 1501 239 Penalty for failure to report and transmit 1514 241 Transmitted to state treasurer 1513 241 Members meet annually 1496 238 Who elegible to be 1528 244 Withdrawal of 1523 243 Money transmitted to county treasurer .1508 240 Report, annual, of board of trustees . . : 1502 239 Reports, county superintendent, shall make annual ..1511 241 All to be preserved 1512 241 Retirement of teachers, provisions for 1518 242 School year legal, defined 1519 242 Sate insitution, defined 1528 244 Statements to be sent in all cases 1510 240 Statements to be sent to county superintendent and county auditor 1509 240 Teachers, defined 1528 244 To give notice 1507 240 Transmission of money to county treasurer 1508 240 Vacancies, members board of trustees 1497 238 Withdrawals from membership, when and how 1523 243 Who elegible to membership 1528 244 XLVI INDEX Section Page TEACHERS PENSION FUND— (See Teachers' Insurance and Retirement Fund). TEACHERS' READING CIRCLE— (See Reading Circle). TEACHERS' TRAINING SCHOOL— County funds appropriated, how 1394 228 Counties may unite for 1393 227 Rules for, prescribed by state superintendent 1112 14, 15 Teachers shall attend 1385 237 (See also Institutes and Associations). TEMPERANCE DAY— Date, third Friday in January 1 117 TERM— Of office, clerk of school district board 1160 53 County superintendent of schools 1121 39 Director, three years 1151 51 Members of board of trustees of teachers' insurance and retirement fund 1495 237, 238 Members of board in special districts 1245 77 State board of administration 7 1 27 State superintendent of public instruction 1105 13 Treasurer of school district 1151 51 Trustee, county agricultural school 1458 139 TERRITORY— Adjacent, how attached 1240 75 Divided, when 1142 48 By natural obstacle 1142, 1144 48, 49 To form special district 1235 74 In two counties 1142 48 New districts may include, what '. 1147 50 What may be organized 1141 48 TEXT BOOKS— (See free text books). . May be furnished by district . • 1397 214 Must be approved 1397 214 Uniform text books, Chapter 145, Laws of 1915 1 to 10 215-218 TITLE— How acquired .^ 1187 61 TOILET ROOMS— Must be supplied 1491 210 TOBACCO AND CIGARETTES— Harboring minors to use tobacco, a crime 4 254 Minor may be arrested for use of, when 1 253 Penalty -1, 2 253 Sale to minor pupil, a crime • 2 253 TOWNSHIP— Fractional township, may be annexed 1142 48 INDEX XLVII Section Page TRAINING SCHOOL— (See Teachers' Ti'aining School). TRANSPORTATION— Distance to make transportation mandatory 1342(5) 114 Furnished by district, when. Appendix A 1190 270 TRAVELING EXPENSES— Board of Administration 2 27 County superintendent. (See mileage). High school inspector 1433 125, 126 Of trustees of county agricultural schools 1459 139, 140 Rural, graded and consolidated school, inspector of ..1444 120 State superintendent of public instruction 1120 16 Trustees of teachers' insurance and retirement fund .1500 233 TREASURER— (See County Treasurer). (See School Treasurer). (See State Treasurer). TREE PLANTING— Duty of school board with reference to 1204 65 Funds for 1206 65 TRESPASSING ON RAILROAD PROPERTY— Child under fifteen must not 1 252 Railroads must post warning notices 3 253 Penalty 6 253 TRUANT OFFICER— May be employed in what districts 1345 115 TRUSTEES— Must not be interested in contracts 1825 37 TUITION— Charged in model school (b)l 104 Minimum charge in high schools (b)l 104 In elementary school ■ . . (b)l 104 TUITION FUND— (See School Funds). TWO AND ONE-HALF MILES— Limit for organizing new school 1188 61 UNIFORM TEXT BOOKS— Chapter 145, Laws of 1915 1-10 215-218 Abridged editions, how sold 2(d) 216 Bond to be given, approved by whom 1(2), 2 215-16 Forfeited, when 4 216 Book companies not to offer inducements of any character 5 216 Books to be furnished at prices listed l[2(a)] 215 Competition not to be restricted 1 [2 (e) ] 216 Copies of all books filed with lowest prices 1 215 Fl-ee text books, board may provide when 9 217 Election to be determined, how conducted 9 217 Question submitted to people, when 9 217 XLVIJI INDEX Section Page List of books to be printed 3 216 First list within six months 3 216 Supplementary list annually 3 216 Penalty for violation 10 217 Prices to be same in North Dakota as elsewhere ..l[2(b)] 216 Not to be controlled by combination l[2(e)] 216 Property of district, books are 9 217 Pupils responsible for books loaned 9 217 Purchase books of families moving away 8 217 Quality to be equal to the best l[2(c)] 215 Sample books, may be furnished 5 216 School boards may appoint agents 6 217 Advance of 15% may be allowed agents 6 217 School districts or boards authorized to purchase 7 217 May sell to pupils at cost 7 217 Purchase books and loan to indigent pupils 7 217 From families moving out of district 8 217 Necessary for teachers 7 217 Violation, penalty for 10 218 UNITED STATES FLAG— (See Flags). Must be provided and displayed, when 1400 218 VACANCIES— Board of education special district 1271 83 Of independent districts 1292 94 Board of trustees of county agricultural school 1458 149 County superintendent 1323 110 Director of Common School District 1324 110 Election board 1156 52 Failure to give bond 1256 80 Treasurer of independent district 1305 98 School clerk 1325 110 School treasurer 1324 110 Superintendent of public instruction • 1322 110 When there is a vacancy 1326 111 VACCINATION— Not necessary for admission to school 1 222 VOTERS— Who are 121, 129 5, 6 Who may vote at school elections 1153 51 Women may vote at all school elections • . .1153 51 WARRANTS— Cancelled warrants to be delivered to school board, when 1218 197 Money paid only on proper warrants 1253 80 No money paid except on proper warrant . . ■ 1168 56 Notice to drawee of sufficient funds 1169 56 Only for prior indebtedness 1170 56 INDEX XLIX Section Page Penalty, failure to indorse, unpaid I353 103 Unpaid warrants bear interest 1169 55 To be indorsed 1169 55 What to specify 1170 55 WATER closets- How constructed I491 210 School board must provide 1403, 1490(4) 221, 210 WEEK— School week defined 1382 116 WOMEN— Are voters, when 128, 1153 6,51 WRITING— Must be taught in all schools 1451 113 YEAR— School year defined 1382 ng