• ** ** WW.' / ' ^*.V *AM&>~\ '** M f$~ *m < ^P**- ~*^<& 'a^ f *0 ■ «*° .... V*— ^ *»«° 9 -^> °o >- 4 .i^r r oV '♦ ^ V *L*°* c* * fc\ ^ ^ v<* 5*** L** ..*'•. «% ***** •' * ^ ** ^ IOWA HOOL' LAWS. TEACHERS' AND OFFICERS' EDITION, Official Notes, Decisions and Forms; Di- gest of Supreme Court Decisions and Attorney General's Opinions. FULLY INDEXED WITH APPENDIX. POMPIT.^D c5Y CHICAGO: Northwestern School Supply Company. Publishers. to 84- Dediqated SKF 10 m. wa. ^A€. m county between the ages of five and twenty- one years. Sec. 1583. He shall make a report to the general as- sembly, at each regular sesion thereof, which shall em- brace, first, a statement of the condition of the common schools of the state; the number of district townships and subdistricts therein ; the number of teachers ; the number of schools ; the number of school-houses, and the value thereof; the number of persons between five and twenty-one years of age ; the number of scholars in each county that have attended school the previous year, as returned by the several county superintendents ; the number of books in the district libraries ; and the value of all apparatus in the schools, and such other statistical information as he may deem important. Second, such plans as he may have matured for the more perfect organization and efficiency of common schools. He shall cause one thousand copies of his report to be printed, and shall present it to the general assembly on the second day of its session. Sec. 1584. Whenever reasonable assurance shall be given by the county superintendent of any county to the superintendent of public instruction, that not less than twenty teachers desire to assemble for the purpose of holding a teachers' institute in said county, to remain in session not less than six working days, he shall appoint the time and place of said meeting, and give due notice thereof to the county superintendent ; and for the purpose of defraying the expenses of said institute, there is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, a sum not exceeding fifty dollars annually for one such institute in each county held as 48 SCHOOL LAWS OF IOWA. aforesaid, which the said superintendent shall immediately transmit to the county superintendent in whose county the institute shall be held, who shall therewith defray the necessary expenses of the institute, and, if any balance remains, he shall pay the same into the county treasury, and the same shall be credited to the teachers' fund. STATE UNIVERSITY. Sec. 1585. The objects of the state university, estab- lished by the constitution at Iowa City, shall be to provide the best and most efficient means of imparting to young men and women on equal terms, a liberal education and thorough knowledge of the different branches of litera- ture, the arts and sciences, with their varied applications. The university, so far as practicable, shall begin the courses of study in its collegiate and scientific depart- ments, at the points where the same are completed in high schools ; and no student shall be admitted who has not previously completed the elementary studies, in such branches as are taught in the common schools throughout the state. Sec. 1586. The university shall never be under the ex- clusive control of any religious denomination whatever. Sec. 1587. (As amended by Chap. 147, Laws of 1876.) The university shall be governed by a board of regents, consisting of the governor of the state, who shall be presi- dent of the board by virtue of his office, the superintend- ent of public instruction, who shall be a member by virtue of his office, and the president of the university, who shall also be a member by virtue of his office, together with one person from each congressional district of the state, who shall be elected by the general assembly. ****** Sec. 1589. The university shall include a collegiate, scientific, normal, law, and such other departments, with SCHOOL LAWS OF IOWA. 43 such courses of instruction and elective studies as the board of regents may determine ; and the board shall have authority to confer such degrees, and grant such diplomas and other marks of distinction as are usually conferred and granted by other universities. ****** Sec. 1596. The board of regents shall enact laws for the government of the university, and shall appoint a president and the requisite number of professors and tutors, together with such other officers as they may deem expedient, and shall determine the salaries of such officers the compensation cf the secretary and treasurer, and the amount of fees to be paid for tuition. They shall remove any officer connected with the university, when, in their judgment, the good of the institution requires it. Sec. 1597. The board of regents is authorized to ex- pend such portion of the income of the university fund as it may deem expedient, in the purchase of apparatus, library, and a cabinet of natural history, in providing suitable means to keep and preserve the same, and in procuring all other necessary facilities for giving instruc- tion. Sec. 1598. All specimens of natural history and geo- logical and mineralogical specimens, which are or here- after may be collected by the state geologist of Iowa, or by any others appoiuted by the state io investigate its natural history and physical resources shall belong to and be the property of the state university, and shall form a part of its cabinet of natural history, which shall be under the charge of the professor of that department. ****** Sec. 1600. The president of the university shall make a report on the fifteenth day of September preceding the meeting of the general assembly, to the board of regents, 4 ■50 SCHOOL LAWS OF IOWA. which shall exhibit the condition and progress of the in- stitution in its several departments, the different courses of study pursued therein, the branches taught, the means and methods oi instruction adopted, the number of stu- dents, with their names, classes, and residences, and such other matters as he may deem proper to communicate. Sec. 1601. The board of regents shall, on the first day of October preceding each regular meeting of the general assembly, make a report to the superintendent of public instruction, which report, with that of the president of the university, shall be embodied in the said superintend- ent's report to the general assembly. The report of the board of regents shall contain the number of professors, tutors, and other officers, with the compensation of each, the condition of the university fund, and the income re- ceived therefrom, the amount of expenditures, and the items thereof, with such other information and recom- mendations as they may deem expedient to lay before the general assembly. COUNTY HIGH SCHOOLS. Sec. 169?. Each county having a population of two thousand inhabitants or over as shown by the last state or federal census, may establish a high school on the condi-' tions and in the manner hereinafter prescribed, for the purpose of affording better educational facilities for pupils more advanced than those attending district schools, and for persons desiring to fit themselves for the vocation of teaching. ec. 1698. When one-third of the electors of a county, as shown by the returns of the last preceding election, shall petition the board of supervisors requesting that a county high school be established in their county at the placcin said petition named, then, or when said board in SCHOOL LAWS OF IOWA. 51 its discretion shall deem proper, said board shall give twenty days' notice previous to the next general election, or previous to a special election duly called for that pur- pose, that they will submit the question to the electors of said county whether such high schoolshall be established ; at which election said electors shall vote by ballot, for or against establishing such county high school. The notice contemplated in this section shall be given through one or more newspapers published in said county, if any be published therein, and by at least one written or printed notice to be posted in each township. Sec. 1G99 After said election, the ballots on said question shall be canvassed in the same manner as in the election for county officers : and if a majority of all the votes cast on said question shall be in favor of establish- ing said school, the board of supervisors shall immedi- ately proceed to appoint six persons, who shall be residents of the county, but not more than two of whom shall be residents of the same township, who shall, with the county superintendent of common schools, constitute a board of trustees for said high school. Each of said trustees ap- pointed as aforesaid shall hold his office until his successor is elected and qualified, and shall be required, within ten days after appointment, to qualify by taking the oath of office, and giving such bond as may be required by the said board of supervisors, for the faithful discharge of his duties. Sec. 1 700. At the next general election after said ap- pointment, there shall be elected in said county six high school trustees, who shall be divided into three classes of two each ; each class to hold their office one, two, and three years, respectively, and their respective terms to be decided by lot. And each year thereafter there shall be two such trustees elected to succeed those whose term is 52 SCHOOL LAWS OF IOWA. about to expire. And said trustees shall qualify and enter upon the duties of their office in the same manner, and at the same time as. other county officers. Sec. 1701. The county superintendent shall, by virtue of his office, be president of said board of trustees, and at their first meeting in each year, they shall appoint from their own number a secretary and treasurer, who shall per- form the usual duties devolving upon such officers forthe term of one year, or until their successors are appointed to take their places. Sec. 1702. At said meeting, or at some succeeding meeting called for such purpose, said trustees shall make an estimate of the amount of funds needed for building- purposes, for payment of teachers' wages, and for contin- gent expenses, and they shall present to the board of supervisors a certified estimate of the rate of tax required to raise the amount desired for such purposes. But in no case shall the tax for such purposes exceed in one year the amount of five mills on the dollar on the taxable property of the county, and, when the tax is levied for the payment of teachers' wages and contingent expenses only, shall not exceed two mills on the dollar. " Sec. 1703. The said tax shall be levied and collected in the same manner as other county taxes, and when col- lected the county treasurer shall pay the same to the treasurer of the county high school, in the same manner that school funds are paid to the district treasurers as required by law. Sec. 1704. The said treasurer of the high school shall give such additional bond as the board of trustees may deem sufficient, and receive all moneys from the county treasurer, and from other parties, that belong to the funds of said school, and pay the same out only by direc- tion of the board of trustees, upon orders duly executed SCHOOL LAWS OF IOWA. 53 by the president countersigned by the secretary thereof, stating the purpose for which they were drawn. Both the secretary and treasurer shall keep an accurate ac- count of all moneys received and expended for said school ; and at the close of each year, and as much oftener as required by the board, they shall ma*ke a full statement of the financial affairs of the school. Sec. 1705. The said board of trustees shall proceed as soon as practicable after their appointment as afore- said, to select the best site, in accordance with the vote of the county, that can be obtained without ex- pense to the same, and the title thereof shall be vested in said county. They shall then proceed to make such purchases of material, and to let such contracts for their necessary school buildings, as they may deem proper, but shall not make any purchase or contract in any year to exceed the amount on hand, and to be raised by the levy of tax that year. Sec. 1706. When said board of trustees shall have furnished a suitable building for the school, they shall employ some competent teacher to take charge of the same, and furnish such assistant teachers as they deem pessary, and provide for the payment of their salaries. a.s far as practicable, model schools shall be encouraged ; and advanced students, and those preparing to become teachers, may be employed a portion of their time in teach- ing the younger pupils, in order that they may become familiar with the practice as well as theory of successful school teaching, and also avoid, as far as practicable, the expense of employing other assistant teachers. Sec. 1707. Tuition shall be free to all pupils of such school residing in the county where the same is located. The board of trustees, however, shall make such general rules and regulations as they deem proper in regard to 54 SCHOOL LAWS OF TOWA. age and grade of attainments essential to entitle pupils to admission in the school. If there should he more applicants then can be accommodated at any time, each district shall be entitled to send its equal proportion of pupils, according to the number of pupils it may have, as shown by the last report to the couuty superintendent of common schools. And the boards of the respective school districts shall designate such pupils as may attend. Sec. 1708. If, at any time, the school can accom- modate more pupils than apply for admission from that county, the vacancies may be filled by applicants from other counties, upon the payment of such tuition as the board of trustees may prescribe ; but at no time shall such pupils continue in said school to the exclusion of pupils belonging in the county in which such high school is situated. Sec. 1709. The principal of any such high school, witli the approval of the board of trustees, shall make such rules and regulations as he deems proper in regard to the studies, conduct and government of the pupils under his charge, and if any such pupils will not conform to and obey the rules of the school, they may be sus- pended or expelled therefrom by the board of trustees Sec. 1710. The said board of trustees shall an nually make a report to the board of supervisors of their county, which shall specify the number of students, both male ard female, who have been in attendance at the county high school during the year, the branches of learning taught, the text-books used, the number of teachers em- ployed, the amount of salary paid to them, the amount expended for library and apparatus, and for buildings and all other expenses; also, the amount of funds on hand, debts unpaid, and other information deemed im- portant or expedient to report. Said report shall be SCHOOL LAWS OF IOWA. 55 printed in at least one newspaper in the county, if any is published therein, and a copy of the report shall be forwarded to the state superintendent of public in- struction. Sec. 1711. The board of supervisors shall have power to fill any vacancy that may occur in the board of trus- tees of that county, by appointment, until the next general election, and a majority of such board of trus- tees shall be a quorum for the transaction of business. Sec. 1712. The board of supervisors may allow each member of the board of trustees the sum of two dollars per day for the time actually employed in the discharge of his official duties, and when such accounts are pre- sented for payment, they shall be audited and paid out of the county treasury, in the same manner as other accounts against the county, and said trustees shall not be entitled to any further remuneration for services or expenses. CHAPTER 64, LAWS OF 1874. Laws of the fifteenth, Sixteenth, Seventeenth, and Eighteenth General Assemblies. INDUSTRIAL EXPOSITIONS IN SCHOOLS. Section 1. It shall be the duty of the board of directors of independent school districts, and the sub- director of each subdistrict, if they should deem it ex- pedient, under the direction of the county superintendent, to introduce and maintain an industrial exposition in con- nection with each school under their control within this state. Sec. 2. These expositions shall consist of useful articles made by the pupils, such as samples of sewing, 56 SCHOOL LAWS OF IOWA. and cooking of all kinds, knitting, crocheting, and draw- ing, iron and wood-work of all kinds, from a plain box or horseshoe to a house or steam-engine in miniature; also, all other useful articles known to the industrial world, or that may be invented by the pupils, in connec- tion with farm and garden products in their season, that are the results of their own toil. Sec. 3. The pupils shall be required to explain the use and method of their work, and kind and process of culture of farm and garden products. Sec 4. The parents and friends of pupils shall be allowed and requested to be present at said expositions. Sec. 5. Ornamental work shall be encouraged when accompanied by something useful made by the same pupil. Sec. 6. These expositions shall be held in the school room upon a school day as often as once a term, and not oftener than once a month. CHAPTER 67, LAWS OF 1874. VOTING ON SCHOOL TAXES. Section 1. All school districts lying in two adjoin- ing counties shall have the right to vote mills, instead of specific sums, for school purposes. CHAPTER 129, LAWS OF 1876. (As amended by Chapter 142, Laws of 1878.) STATE NORMAL AND TRAINING SCHOOL. Section 1. A school for the special instruction and training of teachers for the common schools of this SCHOOL LAWS OF IOWA. 57 state is hereby established at Ceder Falls, in Black Hawk county. Sec. 2. The school shall be under the management and control of a board of directors consisting of six members, no two of whom shall be from the same county. They shall be elected by the general assembly, two for two years, two for four years, and two for six years, and the general assembly shall elect two members of said board every two years, for the full term of six years as the terms of office of the respective classes expire. Their term of office shall commence on the 1st day of June following their election. No member of the board shall be a teacher in the school or receive other compensation for his services than a re-imbursement of his actual ex- penses to be certified to by him and paid out of the state treasury. Any vacancy occurring in the board shall be filled by the appointment of the governor. Sec. 3. The board shall convene at the call of the superintendent of public instruction on or before June 15, 1876, and having each qualified according to law, shall organize by the election of a president and vice- president from their number, and a secretary and a treasurer, who shall be persons not members of the board. The secretary shall receive such compensation as may be fixed by ttie board not to exceed the sum of one hundred dollars and actual traveling expenses. The treasurer shall receive re-imbursement of actual expenditures. Sec. 4. The board shall require a bond in the sum of twenty thousand dollars of the treasurer with proper and sufficient sureties, conditional for the safe keeping of funds coming into his hands. He shall receive and dis- burse all moneys hereby appropriated, and any other funds as the board may provide. The board may require 58 SCHOOL LAWS OF IOWA. of any officer or employe who may be authorized to receive or pay out money a like bond. Sec. 5. It shall be the duty of the board, in every necessary manner with the means at their disposal, to provide for and carry out the object for which the school is established. For that purpose they shall employ com- petent and suitable teachers, and other employes. They shall direct, use, and control all the property of the state coming into their hands for that purpose. They shall control and direct the expenditure of all moneys. They shall make all necessary rules for the management of the school and the government thereof, and shall provide for the admission of pupils from the several counties of the state in proportion to their respective population and upon the appointment of respective boards of supervisors, or as the board may direct. They shall establish and publish uniform rules for the admission of pupils thereto and such rules shall provide for equal rights in said school to all the teachers in the state, but they shall re- quire in all cases satisfactory evidence of the good char- acter of the pupil. They shall also further require all pupils upon their admission to the school to sign a state- ment of their intention in good faith to follow the busi- ness of teaching in the schools of the state. It shall also be the duty of the board to make all possible and neces- sary arrangements with the means at their disposal for the boarding and lodging of pupils, but the pupils shall pay the cost of the same. They shall require each pupil to pay a fee for contingent expenses amounting to not more than one dollar per month. The school shall be open during such part of the year as the board shall determine but the session shall continue at least twenty- six weeks. The board of directors may in their discretion charge the pupils with a tuition fee not exceeding six SCHOOL LAWS OF IOWA. 50 dollars per term, if such charge shall be necessary in order to the proper support of the school as provided by law. Sec. 6. At the close of the year, and on or before the first day of July, 1876, it shall be the duty of the board of trustees of the Iowa soldiers' orphans' home, to deliver over to the board of directors provided for herein, the buildings and grounds at Cedar Falls, Iowa, now occupied by said home, transferring for that purpose the inmates of said home to the home at Davenport. They shall also at the same time turn over in like manner all the personal property at said home at Cedar Falls, except such as is necessary for, and adapted to, the personal use of such inmates at Davenport, and a careful inventory and ap- praisement thereof shall be made, and a proper voucher given therefor by said board of directors. Sec. 7. The board of directors shall at once proceed to make such improvements and changes in said build- ings and grounds as may be necessary to adapt the same to the use of said school, but without greater expense to the state than is provided for in this act, and shall, on or before September 10, 1876, open the same to the use and instruction of pupils. Sec. 8. in addition to the property, the use of which is hereby set apart for the purposes of the school, the fol- lowing sums are hereby appropriated for the establishment and maintenance thereof : For necessary improvement and repairs, three-thousand dollars. For salaries of teachers and employes, ten thousand dollars. For contingent expenses, fifteen hundred dollars. The amount appropriated for repairs and improvement* may be paid at any time, on the order of the board ; the 60 SCHOOL LAWS OF IOWA. remaining sums shall be paid in equal quarterly payments, commencing September 1, 1876. Sec. 9. The said board shall make, at the end of each school year to the superintendent of public instruction, a detailed report of their proceedings during the year. Their report shall also contain the number of teachers employed in the school, with the compensation of each ; the number of pupils, classified ; the amount of receipts and expenditures and the items thereof, with such other information and recommendations as they may deem ex- pedient, which report shall be embodied in the superin- tendent's report to the general assembly. CHAPTER 136, LAWS OF 1876. WOMEN ELIGIBLE TO SCHOOL OFFICES. Section 1. No person shall be deemed ineligible by reason of sex, to any school office in the state of Iowa. Sec. 2. No person who may have been or shall be elected or appointed to the office of county superin- tendent of common schools or school director in the state of Iowa, shall be deprived of office by reason of sex. CHAPTER 132, LAWS OF 1878. issuance of bonds by school districts to fund judgment indebtedness. Section 1. Any school district against which judg- ments have been rendered prior to the passage of this act, and which judgments remain unsatisfied, may, for the purpose of paying off such judgments and funding SCHOOL LAWS OF IOWA. 6L such judgment indebtedness, issue upon the resolution of the board of directors of the district, the negotiable bonds of such district, running not more than ten years, and bearing a rate of interest not exceeding ten per centum per annum, payable semi-annually, which bonds shall be signed by the president of the district, and countersigned by the secretary, and shall not be disposed of for less than their par value, nor for any other purpose than that provided for by this act, and such bonds shall be binding and obligatory upon the district. Sec. 2. It shall be the duty of the board of directors of any district which shall issue bonds under this act, to provide for the payment of the same by the levy of tax therefor, in addition to the other taxes provided by law r and they are hereby required to levy such an amount each year as shall be sufficient to meet the interest on such bonds promptly as it accrues. Sec. 3. The bonds issued under this act shall be in the name of the district and in substantially the same form as is by law provided for county bonds ; shall be payable at the pleasure of the district ; shall be registered in the office of the county auditor ; shall be numbered consecutively and redeemed in the order of their issuance* CHAPTER 133, LAWS OF 1878. (As amended by Chapter 131, Laws of 1880.) SUBDIVISION OF INDEPENDENT SCHOOL DISTRICTS. Section 1. Any independent school district, organ- ized under any of the laws of this state, may sub- divide, for the purpose of forming two or more inde- pendent school districts, or have territory detached to be 62 SCHOOL LAWS OF IOWA. annexed with other territory in the formation of an inde^ pendent district or districts, and it shall be the duty of the board of directors of said independent district to establish the boundaries of the districts so formed, the district so formed not to contain less than four govern- ment sections of land each ; this limitation shall not apply when, by reason of a river or other obstacle, a considerable number of pupils will be accommodated by the formation of a district containing less than four sections, or where there is a city, town or village within said territory of not less than one hundred inhabitants, and in such cases the inde- pendent district so formed shall not contain less than two government sections of land, such subdivision to be effected in the manner provided for in sections 2, 3 and 4 of this chapter : provided, that when either of the districts so proposed to be formed contains less than four govern- ment sections, it shall require a majority of the votes of each of the proposed districts to authorize such subdi- vision. Sec. 2. At the written request of one-third of the legal voters residing in any independent school district, the board of directors of said independent district shall call a meeting of the qualified electors of the independ- ent district, at the usual place of holding their meeting, by giving at least ten days' notice thereof by posting three notices in the independent district sought to be divided, and by publication in a newspaper, if one be published in the independent district, at which meeting $ie electors shall vote by ballot for or against such sub- division. Sec. 3. Should a majority of the votes be cast in favor of such subdivision, the board or boards of directors shall call a meeting in each independent dis- trict so subdivided or formed as aforesaid for the SCHOOL LAWS OF IOWA. 6& purpose of electing by ballot thiee directors, who shall hold their offices one, two and three years respectively, the length of their respective terms to be determined by lot; and but one director shall be chosen annually there- after, who shall hold his office for three years. ■ Sec. 4. At the meeting of the electors of each inde- pendent school district, as provided in the last section. they shall also determine by ballot the name to be given to their district, and each independent district, when so organized, shall be a body corporate, and the name so chosen shall be its corporate name; provided, that the board of directors of any district organized under the provisions of this act may change its name if any other district in the township shall have chosen the same name. Sec. 5. Independent districts organized under the provisions of this act shall be governed by the laws relating to independent districts. CHAPTER 1(5(5, LAWS OF 1878. TUITION OF FA L' PER CHILDREN. Section 1. Section 1381 of the Code is hereby amended by adding at the end of the section : The expense of the poor-house shall include such an amount of tuition for the instruction of the pauper children as the whole number of days' attendance of such pauper children is to the total number of days' attendance in the school at which such pauper children attend, and such amount shall be paid into the treasury of the district where said children attend. ■64 SCHOOL LAWS OF IOWA. CHAPTER 8, LAWS OF 1880. SEPARATE POLLING PLACES. Section 1. Independent school districts having a population of not less than fifteen thousand inhabitants shall be divided into not less than three, nor more than six election precincts, in each of which a poll shall be held at a convenient place to be appointed by the board of directors, for the reception of the ballots of the electors residing in such precinct at said election. Sec. 2. The board of directors shall provide for the submission of all questions relating to the powers reserved to the electors under section 180? of the Code, which questions shall be decided by ballot, returns to be made on questions submitted as hereinafter provided. Sec. 3 A register of the electors residing in each pre- cinct shall be prepared by the board of directors from the register of the electors of any city, town or township which is in whole or in part included within such inde- pendent school district ; and for that purpose a copy of such register of electors shall be furnished by the clerk of each such city, town or township to the board of directors. Said board shall, in each year before the annual election for directors, revise and correct such school election registers by comparison thereof with the last register of elections for such cities, towns and town- ships. And the register provided for by this section shall have the same force and effect at elections held under this act, and in respect to the reception of votes at said elections, as the register of elections has by law at general elections. Sec. 4. Notice of every election under this act shall be given in each district- in which the same is to be held, by the secretary thereof, by posting up the same in three SCHOOL LAWS OF IOWA. 65 public places in such district and by publication in a newspaper published therein for two weeks preceding such election ; such notice shall also state the respective election precincts, and the polling place in each precinct # Sec. 5. The board of directors shall appoint one of their own number and another elector of the district to act as judges of election, and a clerk for each polling place, who shall be sworn as provided by section 609 of the Code in case of general elections. The polls shall be open from 9 o'clock a. m. to 6 o'clock p. m. If either of the judges, or clerk, fail to attend, his place may be rilled by the others by appointing an elector attending in his place, and if all fail to attend in time, or refuse to serve or be sworn, the electors present shall choose two judges and a clerk from the electors attending. A ballot-box and the necessary poll-book shall be provided by the board of directors for each precinct, and the election shall be conducted in the same manner, and under the same rules and regulations, so far as applicable, as pro- vided by chapter 3 of title V of the Code, for general elections. Sec. 6. The judges of election and clerk in each pre- cinct shall canvass the vote therein, and shall as soon as possible, make out, sign and return to the secretary of the district a certificate showing the whole number of votes cast in such precinct, and the number of votes in favor of each person voted for, and questions submitted. The board of directors shall meet on the next Monday after the election and canvass the returns, and ascertain the result of the election. The whole number of votes cast, and the number in favor of each person voted for shall be entered in their record, and the persons respect- ively receiving the highest two numbers of votes shall be declared elected, and all questions submitted receiving a 5 SCHOOL LAWS OF IOWA. majority of votes cast shall be recorded as carried. The secretary shall issue to each person so elected a certificate of his election. Sec. 7. All acts and parts of acts inconsistent with this act are hereby repealed. CHAPTER 12, LAWS OF 1880. LOAN AND MANAGEMENT OF THE PERMANENT SCHOOL FUND. Section 1. The rate of interest on all permanent school funds loaned after January 1, A. D. 1880, shall not exceed eight per cent per annum from date of such loan. Sec 2. Interest not paid when due shall bear interest at the same rate as the principal. Sec 3. After July 1, A. D 1880, the counties having permanent school funds in control shall be charged only six per cent, instead of eight per cent, as now provided by the Code. Sec 4. Section 1846 of the Code is hereby amended by striking out the words " ten per cent," in the sixteenth and seventeenth lines, and inserting in lieu thereof the words " eight per cent." Sec 5. Section 1873 of the Code is hereby amended by adding at the end of the section the following ; "But in no case to exceed ten per cent on the amount for which judgment is rendered ; and in no case to exceed the sum of twenty -five dollars." Sec 6. Loans may hereafter be made to one person, or one company, to the amount of one thousand dollars ; provided, it is found impracticable to keep the whole SCHOOL LAWS OF IOWA. tj? amount of the funds loaned in sums of five hundred dollars or less. Sec. 7. All laws inconsistent with this act are hereby repealed. CHAPTER 51, LAWS OF 1880. To Enable School Districts or District Toivnships to Issue Bonds for the Purpose of Funding Judg- ment Indebtedness now Existing, Additional to Code, Title XII, Chapter 9. Section 1. Any school district or district township against which judgments have been rendered prior to the passage of this act, and which such judgments remain unsatisfied, may, for the purpose of paying off such judgment indebtedness, issue negotiable bonds of such district township, upon a resolution of the board of directors of the district township, running not more than ten years, and bearing a rate of interest not exceeding- eight per cent per annum, payable semi-annually, which bonds shall be signed by the president of the district and countersigned by the secretary, and shall not be disposed of for less than their par value, nor for any other purpose than that provided by this act, and such bonds shall be binding and obligatory upon the district township. Sec. 2. It shall be the duty of the board of directors of any district township which issues bonds under this act, to provide for the payment of the same by the levy of tax therefor, iu addition to the other taxes provided by law ; and they are hereby required to levy such an amount each year as shall be sufficient to meet the inter- est on such bonds promptly as it accrues. $8 SCHOOL LAWS OF IOWA. Sec. 3. The bonds issued under this act shall be in the name of the district township and in substantially the same form as is by law provided for county bonds ; shall be payable at the pleasure of the district township ; shall be registered in the office of the county auditor ; shall be numbered consecutively and redeemed in the order of their issuance. CHAPTER 132, LAWS OF 1880. Authorizing Independent School Districts or District Townships to Fund their Outstanding Bonded Indebtedness, and to Provide for the Payment of the Same. Section. 1. Any independent school district, or district township, now or hereafter having a bonded indebted- ness outstanding, is hereby authorized to issue negotiable bonds at any rate of interest not exceeding seven per cent per annum, payable semi-annually, for the purpose of funding said indebtedness ; said bonds to be issued upon a resolution of the board of directors of said district ; provided, that said resolution shall not be valid unless adopted by a two-thirds vote of said directors. Sec. 2. The treasurer of such district is hereby authorized to sell the bonds provided for in this act, at not less than their par value, and apply the proceeds thereof to the payment of the outstanding bonded indebt- edness of the district, or he may exchange such bonds for outstanding bonds, par for par ; but the bonds hereby authorized shall be issued for no other purpose than the funding of outstanding bonded indebtedness. The actual cost of the engraving and printing of such bonds shall be paid for out of the contingent fund of such district. SCHOOL LAWS OF IOWA. 69 Sec. 3. Said bonds shall run not more than ten years and be payable at the pleasure of the district after five years from the date of their issue ; provided, that in order to stop interest on them the treasurer shall give the owner of said bonds ninety days' written notice of the readiness of the district to pay, and the amount it desires to pay ; said notice to be directed to the post- office address of the owner of the bonds; provided, further, that the treasurer shall keep a record of the parties to whom he sells the bonds, and their post-office address, and notice sent to the address as shown by said record shall be sufficient. Sec. 4. Said bonds shall be in denominations of not less than one hundred dollars and not more than one thousand dollars ; and said bonds shall be given in the name of the independent district, or district township, and signed by the president, and countersigned by the secretary thereof ; and the principal and interest may be made payable wherever the board of directors may by resolution determine. Sec. 5. When said bonds are delivered to the treasurer to be negotiated, the president shall take his receipt therefor, and the treasurer shall stand charged on his official bond with the amount of the bonds so delivered to him. Sec. 6. The tax for the payment of the principal and interest of said bonds shall be raised as provided in section 1823, chapter 9, title XII of the Code; provided, that if the district shall fail or neglect to so levy said tax the board of supervisors of the county in which said district is located shall, upon the application of the owner of said bonds, levy said tax. Sec. 7. All acts and parts of acts in conflict with this act are hereby repealed. 70 SCHOOL iAWS OF IOWA. CHAPTER 111. Laws of the Nineteenth General Assembly. LAWS OF 1882. An Act to legalize contracts made by school officers for the insur- ance of school buildings, and to legalize warrants or orders issued therefor. Whereas, Subclirectors and officers of school boards in various school districts and district townships within this state have insured their respective school-houses against loss by fire, and issued orders or warrants therefor, believing that they had the authority of law so to do ; therefore, Be it enacted by the General Assembly of the State of Iowa: Section 1. That any and all contracts heretofore made by subdirectors, or by any board of directors or officers of any district township or of any independent school district within this state for insuring school-houses or school furniture against loss by fire within their re- spective districts, and all insurance policies issued in pur- suance of such contracts, be and the same are hereby made as valid, legal, and binding as though such directors and school officers had been authorized by law to make such contracts for insurance. Sec. 2. That all warrants, orders, or other evidences of indebtedness heretofore issued by the officers of any school districts within this state for the insurance of school-houses and school furniture be, and the same are hereby made as legal, binding, and valid as though the law had authorized the issue and making of the same by such officers. SCHOOL LAWS OF IOWA. 71 CHAPTER 118. An Act to include all the territory of an incorporated city or town within the independent school district, or districts, now exist- ing, or hereafter to be formed. Be it enacted by the General Assembly of the State of Iowa: Section 1. That all the territory of an incorporated city or town, whether included within the original incor- poration or afterwards attached thereto in accordance with the provisions of law, shall be or become a part of the independent district, or districts, of said city or town. Sec. 2. When boundaries are changed by the taking effect of this act, the respective boards of directors shall make an equitable settlement of the then existing assets and liabilities of their districts, as provided for by section 1715 of the Code. CHAPTER 149. An Act to enable boards of directors of independent school dis- tricts to insure school property. Be it enacted by the General Assembly of the State of Iowa: Section 1. That the board of directors of any inde- pendent school district, organized under any of the laws of this state, may use unappropriated contingent funds for the purpose of effecting an insurance on the school property of their district ; but they may contract no debts for this purpose. CHAPTER 167. An Act to create a state educational board of examiners, and to encourage training in the science and art of teaching. Be it enacted by the General Assembly of the State of Iowa: Section 1. The superintendent of public instruction, the president of the State University, the principal of the 72 SCHOOL LAWS OF IOWA. State Normal School, and two persons, to be appointed by the executive council, one of whom shall be a woman, for terms of four years : provided, that of the two first appointed, one shall be for two years; and provided further, that no one shall be his own successor in said appointments ; are hereby constituted a State board of examiners, with the superintendent of public instruction as ex officio its president. Sec. 2. The board shall meet at such times and places as its j^resident shall direct for transaction of business, and shall hold annually at least two public examinations of teachers, at each of which examinations one member of the board shall preside, assisted by such well qualified teachers, not to exceed two in number, as the board of examiners may elect. Said board may adopt such rules, not inconsistent herewith and with the statutes of Iowa, as they may deem proper ; and said board shall keep a full record of their proceedings, and a complete register of all persons to whom certificates and diplomas are issued. Sec. 3. Said board shall have power to issue state certificates and state diplomas to such teachers as are found, upon examination, to possess good moral charac- ter, thorough scholarship, clear and comprehensive knowl- edge of didactics, and successful experience in teaching. Sec. 4. Candidates for state certificates shall be ex- amined upon the following branches : Orthography, read- ing, writing, arithmetic, geography, English grammar, book-keeping, physiology, history of the United States, algebra, botany, natural philosophy, drawing, civil gov- ernment, constitution and laws of Iowa, and didactics ; and candidates for state diplomas shall pass examination upon all branches required by candidates for state certifi- cates, and in addition thereto in geometry, trigonometry, SCHOOL LAWS OF IOWA. 73 chemistry, zoology, geology, astronomy/political economy, rhetoric, English literature and general history, and such other branches as the board of examiners may require. Sec. 5. A state certificate shall authorize the person to whom it is issued to teach in any public school of the state for the term of five years from the date of its issue, and a state diploma shall be valid for the life of the per- son to whom it is issued ; provided, that any state certifi- cate, and any state diploma, may be revoked by the board of examiners for any cause of disqualification, on well- founded complaint entered by any county superintendent of schools. Sec. 6. The fee for each state certificate shall be three dollars, and for each state diploma five dollars, which fee shall be paid before examination to such person as the board of examiners may designate from their own number, and the same shall be paid into the state treasury when so collected; provided, that if said applicant shall fail in said examination one-half of the fee shall be returned. Sec. 7. Every holder of a state certificate, or of a state diploma, shall have the same registered by the county superintendent of schools of the county in which he wishes to teach, before entering upon his work, and each county superintendent of schools is required to include in his annual report to the superintendent of public instruc- tion, a full account of the registration of state certificates and diplomas. Sec. 8. Each member of the state educational board of examiners, and each person appointed by said board to assist in conducting examinations, as provided for in section 2 of this act, shall be entitled to receive for the time actually employed in such service his necessary expenses. And provided further, that each member of said board, not a salaried officer, shall, in addition to his 74 SCHOOL LAWS OF IOWA. necessary expenses, receive the sum of three dollars per day he or she is actually employed in said examination, which amounts shall be certified by the superintendent of public instruction ; and the auditor of state is hereby authorized to audit and draw his - warrant for the same upon the treasurer of state, provided the aggregate amount for any one year shall not exceed three hundred dollars. Sec. 9. The board of examiners shall keep a detailed and accurate account of all moneys received and expended by them, which, with a list of the names of persons receiving certificates and diplomas, shall be published by the superintendent of public instruction in his annual report. CHAPTER 103, LAWS OF 1884. Prohibiting the use of Barb Wire. Section 1. It is hereby made the duty of the board of directors of every independent district and every district township to remove before the first day of September, A. D. 1884, any barb wire fence enclosing in whole or in part any public school grounds in such district, and it is also made the duty of any person owning or control- ling any barb wire fence within ten feet of any public school grounds to remove the same within the time herein above named. Sec. 2. Hereafter barb wire shall not be used in enclosing in whole or in part any public school building or the grounds upon which the same may stand ; and no barb wire shall be used for a fence or other purpose with- in ten feet of any public school ground. SCHOOL LAWS OF IOWA. 75 Sec. 3. For a failure or neglect on the part of any board of directors of any independent district or of any district township to carry out the provisions of this act any member of such board shall be fined, on conviction, not exceeding twenty-five dollars. Any persou violating the provisions of this act shall, on conviction thereof be fined not exceeding twenty-five dollars. PART II SCHOOL LAWS OF IOWA. JVotes of Department of Public Instruction* SCHOOL DISTRICTS. Section 1713. The design of the law is that civil and district township boundaries shall coincide. When new civil townships are formed, the corresponding changes in district township bound- aries take effect at the next subdistrict election. See sections 1715 and 1796. Sec. 1714. In case the board is reduced below a quorum, by resignation or otherwise, the township trustees should call a special election to fill the vacancies. The ballots in such elec- tion, in independent districts, should indicate in whose place the person voted for shall serve. In independent districts five no- tices should be posted, as provided. in sections 1742 and 1801 ; in district townships, three notices are required in each subdis- trict, as provided in section 1718. Sec 1715. (a) New district townships are not organized until the first Monday in March after the election of officers of the civil townships. (b) When subdistricts are divided by changes in civil town- ship boundaries, the old board should incorporate the several parts with other subdistricts, or otherwise provide for such ter- ritory, so that all electors may vote at the following subdistrict election; in the absence of such action, the territory properly belongs to the subdistrict which it adjoins, and the electors are entitled to vote therein. The boundaries of subdistricts lying wholly within the old or new districts, are not affected by the division of civil townships. *The Section numbers here refer to the Section numbers in Text of School Laws, Part I. 77 78 SCHOOL LAWS OF IOWA. (c) Five days before the time for the regular subdistrict elec- tion (first Monday in March) written notices should be posted in three public places in each subdistrict, in both the old and new townships, by the resident subdirector; in subdistricts, where there is no subdirector, by the secretary. (d) Assets include school-houses, sites, and all other property and moneys belonging to the district. Liabilities include all debts for which the district in its corporate capacity is liable. In determining the assets, school property should be estimated at its present cash value. Each fund should be divided sep- arately between the districts, in proportion to the last assessed •alue of the property, real and personal. Any portion of the teachers' fund however, derived from the semi-annual apportion- ment, should be divided in proportion to the number of persons between the ages of five and twenty-one years, according to the last school enumeration. (e) School-houses will usually become the property of the dis- trict in which they are situated. If their value exceeds the amount justly due the district, and there is not sufficient school- house fund on hand to equalize the division, the board should determine the amount which each district should receive or pay. Any equitable arrangement, which will be mutually satisfactory to the parties in interest, will be in accordance with the intent of the law. Any agreement that is entered into should be reduced to writing, and entered in the records of each of the districts interested. (/) "The districts, after the division, which do not receive their just proportion of school-house property, have a claim against those that do obtain more than their due share. The last named are indebted to the first in the difference." District Township of Williams v. District Township of Jackson, 36 Iowa, 216. If money is received by one which belongs to another, the rule is a general one that the law implies a promise on the part of the receiver to pay it over. Based upon this implied promise, an action may be maintained for its recovery. And this rule applies to corporations as to individuals. District Township of Norway v. District Township of Clear Lake, 11 Iowa, 506. In this case, the district township of Clear Lake having been divided so as to form two district townships, the following spring it SCHOOL LAWS OF IOWA. i\) received all the funds apportioned by the clerk of the board of supervisors, and Norway brought suit and recovered a just portion of the same. (g) A simple and just method of disposing of unpaid and delinquent taxes, also of all the funds in the hands of the county treasurer, and not available (see section 1785), is to direct the payment of such funds in such a manner that taxes derived from any part of the territory shall be paid to the district to which such territory will then belong. Sec 1716. In suits, contracts, and conveyances, the corporate name should be strictly observed. A subdistrict is not a corpora- tion, and hence can neither hold property nor perform any cor- porate act. DISTRICT TOWNSHIP MEETING. Sec. 1717. (a) District townships are authorized to hold only one meeting in each year, except as provided by section 17173^,. The meeting cannot be adjourned to another day. Ten days' previous notice of this meeting should be given by the district township secretary, section 1742 ; but as the law fixes the day of the meeting of the electors of the district township, and also of the subdistrict, a failure to give full notice, or any notice at all, though a violation of law, will not invalidate the proceedings of the meeting, if one be held at the usual time and place. Dishon v. Smith, 10 Iowa, 212. (b) The president and secretary of the board are the regular officers of this meeting, and should act as such, if present. Sec- tions 1739 and 1741. (c) School-houses can not be sold without a previous vote of the electors, but their action in voting a tax for the erection of a new school-house on the old site gives the board authority to remove or dispose of the old house. (d) If the electors, at the district township meeting on the sec- ond Monday in March, direct that any additional branches shall be taught in any or all of the schools in the district township, their action is mandatory, and the board are bound to endeavor in good faith to fulfill the wishes of the electors. Failing to do so, the board can be compelled by mandamus to show reason why they have not complied with the request of the electors. (e) All school-house taxes must be voted by the electors of the 80 SCHOOL LAWS OF IOWA. subdistrict, or district township ; this power can not be delegated to the board. This vote may be taken by ballot, or viva voce. The specific sum of money deemed necessary, and not a certain number of mills on the dollar, should be voted. The per centum necessary to raise this sum is determined by the board of supervis- ors. See sections 1777 and 1780. (/) The tax for procuring district libraries can not be used to purchase text-books for the use of scholars. Money can only be paid out for the purchase of a district library which has been voted for that purpose by the electors at the regular March meeting. (g) Any other mingling of funds than provided for in subdi- vision four is a violation of law. (h) The electors frequently assume powers not granted to them by the law. They have only such powers as are specifically enumerated in the law. SUBDISTRICT MEETING. Sec 1718. (a) ; *No district township or subdistrict meeting shall organize earlier than 9 a. m., nor adjourn before 12 m." Section 1789. The meeting should not be called later than 6 p. m. The law contemplates at least three hours for the election. Iowa Reports, 37, 131; 39, 381. (b) No minor, non-resident nor alien can take part in a meet- ing of electors. To be entitled to the right of suffrage a person must be a male citizen of the United States, twenty-one years of age, a resident of the State six months next preceding the elec- tion, and of the county sixty days. Constitution, article 2, section 1. The election must be by ballot. Constitution, article 2, sec- tion 6. (c) A person who acts as chairman at a school election is enti- tled to his vote as much as any other elector. (d) Any election held by the people must be held on the day designated, and officers must be elected by a single ballot. The person receiving the greatest number of votes is elected, even though he has not received a majority of all the votes cast. (e) The electors of a subdistrict may, at their regular meeting in March, determine what amount is required for the erection of a school-house in said subdistrict. A sum, in the aggregate, may SCHOOL LAWS OF IOWA. 81 be voted, and the subdirector should certify the same to the next district township meeting held thereafter. Section 1778. If the subdistrict does not wish to have such a tax levied upon the 11 selves, they should simply prefer a request for a sufficient amount to build a school-house in their subdistrict. (/) If subdistrict boundaries are in controversy by way of appeal, the election for subdirectors should be made on the basis of the status of the subdistricts on the day of election. Sec. 1719. (a) The chairman and secretary are not required to qualify. (b) Chapter 7, laws of eighteenth general assembly provides how a tie vote shall be decided. Sec 1720. (a) The board of directors of a district township cannot consist of less than three members. The subdirector from the district at large should be voted for at both subdistrict meet- ings. To avoid confusion the ticket should specify : For subdi- rector, A. B. ; for subdirector at large, C. D. (b) Where there is but one subdistrict in a district township the subdistrict meeting should be held at some central point, on the first Monday in March, for the election of three subdirectors, five days' notice of which should be given by the district secre- tary, as directed by section 1718; and another meeting will be held on the second Monday in March, as provided by section 1717, the powers and duties of the two meetings being entirely separate and distinct, the first being a subdistrict, the second a district township meeting. BOARD OF DIRECTORS. Sec 1721. (a) The right or title to hold office can not be de- termined by an appeal to the county superintendent. The proper remedy for any person aggrieved by the action of the board relat- ing thereto is a petition to the circuit or district court under the provisions of sections 3345-3352, Code. (b) The failure or refusal of the proper officer to " issue a cer- tificate to a person duly elected to an office (subdirector) cannot operate to deprive such person of his rights." "The certificate or commission is the best, but not the only evidence of an election, and if that be refused secondary evidence is admissible." McCrary on elections, section 171. (c) Business done by the new board of directors on the second 82 SCHOOL LAWS OF IOWA. Monday of March is void, because their term of office does not begin until the third Monday of March. All such business done, including the re-organization, should be re-enacted at a subse- quent meeting to make it legal. (d) It is quite customary for the outgoing board to meet on the third Monday in March and complete all their work, and for the new board to organize immediately thereafter. The legality or propriety of their doing so has never been questioned. (e) Directors continue in office until the third Monday in March, and until their successors are elected and qualified. A president whose term as director has expired can take no further part in the proceedings of the board, even though a new president has not yet been chosen. (/) Where the law requires a certain duty to be performed by the board upon a fixed day, as for instance the election of a secre- tary and a treasurer (see sections 1721 and 1802), an adjournment of the meeting to another fixed date will allow the transaction of the same business which was directed to be done on the day of the regular meeting. (g) When the treasurer is chosen from the members of the board, under section 1721, his ceasing to be a member of the board in March does not terminate his relation as a treasurer of the dis- trict until September following. (h) A person cannot remain an officer or member of the board of directors and reside in another district, even though in the same civil township. (i) No person can hold two of the offices of the board at the same time. (J) A member or officer of the board must have the qualifica- tions of an elector, if a male; but no person shall be deemed inel- igible, by reason of sex, to any school office. See chapter 136, laws of 1876. BOARD OF DIRECTORS. Sec 1722. (a) The intention of the amendment is to author- ize boards of directors of district townships to hold meetings in an independent district within the civil township. Chapter 44, laws of eighteenth general assembly, legalized all meetings of this kind heretofore held. (b) Section 1738 provides that a majority of the board shall SCHOOL LAWS OF IOWA. 83 constitute a quorum. Any duty imposed upon the board as a body must be performed at a regular or special meeting, and made a matter of record ; The consent of the board to any par- ticular measure, obtained of individual members when not in session, is not the act of the board, and is not binding upon the district township. If a contract is made without authority from the board, the individuals making such contract are personally liable. (c) Special meetings should be convened by a written call, signed either by the president or a majority of the members and each member should be duly notified of the purpose of the meet- ing, as far as known. Sec 1723. (a) It is the duty of the board of directors to make contracts for the erection of school-houses, when the means have been provided by the electors. If the subdirector is ap- pointed a committee for this purpose it should be with certain limi- tations, and the contract should be reported to the board for ap- proval, as provided by section 1753. No member has authority to make a contract in behalf of the district, except under specific in- structions of the board. Before making a contract great pains should be taken to obtain the best possible plan for the building.. On this point the law requires consultation with the county superintendent. {b) Contracts for the erection or repair of school-houses, or for material for the same, exceeding $300, cannot be entered into until proposals have been published at least twenty-eight days. Repairs include seats, desks, etc. (c) If members or officers of the board intentionally violate law they become personally liable. See Iowa Reports, 14, 510: 17, 155; 24, 337; and 38, 47. "If an agent make a valid contract without authority he is himself bound thereby.'' Andrews & Co. v. Tedford, 37 Iowa, 314. Contracts made in violation of the terms of this section are illegal. Their fulfillment may be prevented by injunction. id) Any unappropriated school-house funds may be disposed of by the electors, under section 1717, for improvements, such as fencing school-house sites, providing wells, etc., and the board, under section 1723, are required to carry out the vote of the dectors. (s) Any unappropriated school-house fund in the district 84 SCHOOL LAWS OF IOWA. treasury may be used for the erection or repair of school-houses, at the discretion of the board, without action of the electors. (/) A board of directors cannot form a partnership with any other party in the building of a school-house. School-houses are to be under the absolute control of the board. This does not prevent the receiving of donations and granting privileges under notes (i) and (&). Section 1753. {g) The board cannot be required I o commence the construc- tion of a house until means to a reasonable extent have been pro- vided. Boards should not involve the district in an indebtedness for the erection of school-house-, by contracts, or the issue of orders to exceed the amount voted by the electors. (h) District townships have no authority to issue bonds or other evidences of indebtedness for the purpose of borrowing money. See opinion of attorney-general, School Journal for April, 1868, 210. (i) No district can become indebted in any manner, or for any purpose, to an amount, in the aggregate, exceeding five per cent on the value of its taxable property. Constitution, article 11, section 3. Winspear v. District Township of Holman, 37 Iowa, 542. (J) Public school-houses are exempt from sale on execution Code, section 3048. (k) A board of directors of a school district may bind a cor- poration by contracts entered into after the election of their suc- cessors and before their qualification. Dubuque Female College v. District Township City of Dubuque, 13 Iowa, 555. While in- stances mag occur in which the interests of the district will be subserved by making contracts with teachers and others, which will not expire for months after a change of officers, courtesy as well as justice dictates the impropriety of making contracts whose execution will embarrass successors in office. Ordinarily the new board should make contracts for the year during which they serve. (I) The force and effect of any motion adopted by the board of directors does not terminate with a change of officers or mem- bers, but remain in force until repealed. Thompson v. Linn, 35 Iowa, 361. (m) A board of directors may ratify or adopt such acts of offi- cers de facto as the law would permit officers de jure to perform. SCHOOL LAWS OF IOWA. 85 Dubuque Female College v. District Township City of Dubuque, 13 Iowa, 555. (») The board of directors can authorize any person or number of persons to perform an act which was within the power of the board. Sec. 1724. (a) The power to locate sites for school-houses is vested, originally, exclusively in the board of directors. This authority should be exercised with great care, and without prej- udice; and the wishes of the people for whom the house is de- signed, should be consulted as far as practicable, taking into account the prospective as well as the present convenience of the people of the subdistrict. (b) A site near the center of the subdistrict should be chosen, unless controlling circumstances indicate a different selection. The site should contain not less than one acre of ground, ordi- narily. (c) The power of the board of directors to fix the site for a school-house carries with it the power to re-locate that site. The exercise of this power is a proper and necessary adjunct of the power to make alterations in the boundaries of the subdistricts. The extension of settlements frequently changes the centers of population and necessitates a change of subdistrict boundaries, and the removal of school-houses to central localities in the new- sub districts. Vance v. District Township of Wilton, 23 Iowa, 408 (d) Every new site must be selected on some public highway, at least forty rods from any residence, the owner whereof ob- jects to its being placed nearer, and not in any orchard, garden, or public park, except in incorporated towns or cities. Section 1826. Sites located prior to April 26, 1870, when the provisions of this section took effect, are not affected by its provisions; the board may rebuild upon any such sites still in possession of the district. (e) A school-house site, located by the county superintendent upon appeal cannot be changed by the board of directors, until the condition of the district is materially changed. But the fact that the superintendent has simply affirmed the action of the board in locating a site does not estop the board from re-locating the site whenever the interests of the district may require. (0 Since a change of boundaries between subdistricts does not take effect until the subdistrict meeting in March, the board may 86 SCHOOL LAWS OF IOWA. not move the school-house to accommodate the proposed new dis- trict until after that time. (g) As regards the length of time during which schools are to be taught in each subdistrict, twenty-four weeks is the mini- mum. Section 1727. The maximum is unlimited, except as by section 1780, providing a limit in the amount of taxes for teach- ers' fund. Sec. 1725. (a) All changes in subdistrict boundaries must be made in conformity with the provisions of sections 1738 and 1796. (b) The board cannot form a subdistrict containing less than fifteen persons of school age, nor build a school-house for the accommodation of a less number, except in subdistricts formed prior to September 1, 1873, which are not affected by this pro- viso. (c) No change can be made by the board which leaves any sub- district with less than fifteen persons of school age. (d) In an organized subdistrict, even though there are not fifteen persons of school age, a school must be held, unless the board are excused by the county superintendent. The board may discontinue a subdistrict by a re-adjustment of boundaries such change taking effect in March following. (e) All the territory of a district township must be included in some subdistrict. (/) A subdistrict is not a corporate body and has therefore no financial claims, nor can it be held liable for debts, except as a part of the district township. (g) The board cannot provide an extra school for a less number than five persons of school age. The words pupils and scholars, as used in this section, mean persons between the ages of five and twenty-one years. Sec. 1726 (a) The law does not prescribe the branches that shall be taught in the public schools, further than to require all teachers to be qualified to teach certain branches enumerated in section 1766. Boards of directors are empowered, by virtue of the authority to establish gra.led schools, and of the general supervisory and discretionary powers with which they are invested to prescribe courses of study and branches to be taught in the schools of their district. A course of study should be prescribed by the board in every district, to which the electors may add SCHOOL LAWS OF IOWA. 87 additional branches, as provided by section 1717. A graded school, open to the older and more advanced scholars from every subdistrict, may be advantageously established at some central point in every district township. (b) In the absence of instruction by the electors, the board of directors should decide what branches, if any, besides those in a teacher's examination, shall be taught. But it is not within the province of individual parties to demand instruction outside of the branches usually taught. (c) If it is understood that the principal of a school has charge of other rooms besides his own, he has the same power in man- aging the children that is by law given to teachers. Sec. 1727 (a) The requirements of this section are imperative. A school shall be taught in each subdistrict, but if the county superintendent is fully satisfied, after a careful investigation of the facts, that it is impracticable, he may release the board of directors from their obligation. The board of directors may establish more than one school in a subdistrict, if necessary for the accommodation of the children, subject to the limitations contained in sections 1725 and 1780. (b) Under section 1724, the board of directors have power to provide for a longer period of school than twenty-four weeks; this increase of time must apply alike to all the subdistricts, but does not apply to extra schools granted. (c) When two school-houses are within the same district, or subdistrict, a school of three months in each, held at the same time, does not fulfill the requirements of the law, that a school of at least twenty-four weeks shall be taught in each subdistrict. (d) The school year, for school purposes, should be regarded as beginning on the third Monday in March, when a new board of directors enter upon their duties. (e) All the youth of the State, from five to twenty-one years of age, irrespective of religion, race, or nationality, are entitled to the same school facilities. Whi'e schools may be graded accord- ing to the proficiency of pupils, no discrimination based on color — such, for instance, as requiring colored pupils to attend separate schools — can be enforced. Clark v. Independent District of Mus- catine, 24 Iowa, 266. (/) Persons over twenty-one years of age are not entitled to the benefits of the public schools, except as provided in the latter 88 SCHOOL LAWS OF IOWA. part of this section. If, however, the school is not full, they and non-residents may be admitted, in the discretion of the board, upon such equitable terms as the board may prescribe. Children under five years of age will be more injured by the confinement than benefited by the instruction. They cannot claim the advan- tages of the school, and should not be admitted. Sec 1728. (a) This section only implies the power of the board to adopt text-books for their schools, but to avoid the great variety of text-books used in the schools and too frequent changes of the same, we think the board should exercise their authority by adopting text-books, having due regard to those in common use. (b) The change of any one text-book in the school does not pre- vent the board from changing any or all other books at a subse- quent time. Neither the subdirector nor teacher has authority to change text-books. c) The electors may not vote, nor the board appropriate, money for the purchase of text-books for the use of the district. The board are not prohibited from buying text books and selling them to scholars at cost, if the board choose to do so upon their own responsibility. Sec. 1729. (a) Purchases under the provisions of this section, must be made by order of the board when in session. (b) The supreme court, in a recent ruling, prohibit the use of contingent fund for any purpose except those mentioned in this section and in section 1748. Sec 1730. (a) A vacancy can be created only by death, removal, resignation, or failure to elect at the proper election, there being no incumbent to continue in office. Code, section 781. A failure to elect or to qualify does not create a vacancy, for the incum- bent, whether elected or appointed, continues in office "until his successor is elected and qualified." Code, section 784. If the incumbent does not qualify, a vacancy exists. Code, sections 690 and 686. Neither does a change in the boundaries of subdistricts create a vacancy, for the change does not take effect until the next subdistrict election. If a subdistrict is divided, so as to form a new one, the subdirector will continue to act as though no change had been made, until the expiration of his official term. Section 1796, proviso, and note; also section 1721 and notes. (b) If a person without the requisite qualifications, is elected a SCHOOL LAWS OF IOWA. 89 member of the board and acts with the board, be'ing a member de facto, his acts will be valid; but when his disqualification becomes known, the board should declare the place vacant and appoint his successor. (c) School directors may resign at any time. A verbal resig- nation may be tendered to the board when in session, or a written resignation may be handed to some member of the board to be presented at a subsequent meeting, for the acceptance of the board. No person can be compelled to serve against his wishes. (d) When a director habitually neglects the duties of his office, he maybe compelled by mandamus to perform them. (e) Boards of directors have no authority to remove any mem- ber or officer of the board. Such removal can be made only by the courts as provided by sections 746-750, Code of 1873. (/) In case the board is reduced below a quorum by resigna- tion, or otherwise, the township trustees should call a special elec- tion to fill — vacancies as provided by section 1714; see also sec- tion 1738. Sec. 1731. (a) The law requires all official bonds to be secured by at least two sureties, who are freeholders, and whose aggregate property is double the amount of the bond ; the oath of office to be subscribed on the back of the bond, or attached thereto, and the sureties to make affidavit that they are worth the amount named in the bond. Code, sections 249, 250, 675, and 679. As the bonds of the secretary and treasurer must be approved by the board, no member should become surety for these officers. (b) Any officer whose duty it is to give bonds for the proper discharge of the duties of his office, and who neglects so to do, is guilty of a misdemeanor, and is liable to a fine. See section 684. Code' of 1873. (c) A board approving bonds which they know to be insuffi- cient, do not discharge the duty incumbent upon them, and are liable under section 3965, Code of Iowa, on a charge of misde- meanor. See also, 14 Iowa, 510 and 18 Iowa, 153. Sec 1732. (a) The interests and protection of the tax-payers require that such settlement should be made at least twice a year, and more frequently if deemed necessary, and the settlement at the end of the term requires that the funds and property shall be produced and fully accounted for, and that these facts should be indorsed upon the bond of the treasurer, if he is re-elected. See 90 SCHOOL LAWS OF IOWA. section 690, Code of 1873, as quoted in note (c) to section 1751, and also preface to these laws. (&) This section contemplates that a full report of the affairs of the district shall be made by the board at each annual meeting of the electors This work appropriately devolves upon the presi- dent unless the board designate some other member. When prac- ticable, the report should be published. Sec. 1733. (a) All demands, whether by contract or otherwise, must be approved by the board of directors when in session, be. fore an order can be drawn on the district treasury, for them, and no officer can draw an order on Ihe treasury, unless he is authorized to do so by a vote of the board, at a regular or special meeting. It is the duty of the board to examine all contracts for the employ- ment of teachers, and the construction of school -houses, or for any other purpose, and to see that the stipulations have been com. plied with, before they authorize the payment of money thereon. (&) The board may authorize the president and secretary to draw warrants for the payment of teachers' salaries at the end of each school month, upon proper evidence that the service has been performed, but the order for wages for the last month should not be drawn until the report required by section 1760, is filed in the office of the secretary. (c) School orders issued without a vote of the board of direct- ors, or otherwise illegally issued, although they may be signed by the president and countersigned by the secretary, are not binding upon the district ; neither can they acquire validity by being transferred to third parties. If illegal when issued, they are illegal forever. 19 Iowa, 199 and 248. (d) Only the secretary and treasurer can receive compensation for the discharge of duties required by law. Section 1738. Sec 1734. (a) Boards of directors have entire control of the public schools of their district and the teachers employed therein. The board may establish such rales and regulations for the govern- ment of teachers and pupils, not inconsistent with law, as the interests of the schools require. The teacher is the agent of the board, and the rules made and enforced by the teacher with either the formal or tacit consent of the board, are in effect the rules of the board. It is the duty of the teacher, under the di- rection of the board, to determine what branches shall be pursued by each pupil. SCHOOL LAWS OF IOWA. 91 (b) Without special mention in the teacher's contract, it is understood that only the common branches are expected to be taught. (c) It is competent for boards of directors to provide by rules that pupils may be suspended from the schools in case they shall be absent or tardy a certain number of times within a fixed period, except for sickness, or other unavoidable cause. If the effects of acts done out of school-houses reach within the school room during school hours, and are detrimental to good order and the best interests of the pupils, it is evident that such acts may be forbidden. Burdick & Chandler v. Babcock, et al., 31 Iowa, 562. (d) Boards of directors can dismiss teachers only for good cause shown. In case the board pass an order to dismiss, the material reason therefor should be spread upon the record ; for, while in case of contest, these reasons would not be conclusive against the teacher, the board would be estopped from presenting other reasons than those named in the record. Neville v. School Directors, 36 111., 71. When a teacher is unjustly dismissed, an appeal may be taken from the action of the board in dismissing him, but a suit at law must be brought, if he seeks to recover his pay upon the contract. Th3 teacher can be paid only to the date of legal dismissal. (e) In the trial of a teacher, when it is sought to dismiss him, all the provisions of section 1734 must be strictly complied with. The board may not prevent the teacher from making a full de- fense, and the teacher may appear by attorney, or otherwise, as he chooses. Sec 1736. It is very important that the secretary should file the certificate with the county officers named, immediately after the regular meetings of the board in March and September; otherwise the funds belonging to the district may be paid to per- sons not authorized to receive them. Whenever a change is made, the county officers should be notified. Sec. 1737. These rules should be carefully prepared, and adopted by the board and recorded, and each subdirector should be furnished with a copy. These rules and regulations may properly provide all restrictions not in conflict with law, which the board see fit to adopt for the guidance of subdirectors. They may provide that a subdirector may not teach his own school; 92 SCHOOL LAWS OF IOWA. that no contracts shall be made by him which do not expire with the school year; and that he may not engage a near relative as teacher unless he has obtained the previous consent of a majority of the board; nor employ any teacher to whom a majority of the electors or patrons object in writing. Sec 1738. (a) As to the proper course to pursue when the board is reduced below a quorum, see note (/) to section 1730. {b) A change of district boundaries is illegal and void, unless made by a majority of the whole board. (c) Any compensation paid to any other member of the board than the secretary and treasurer, for the performance of official duties is in direct opposition to the law, and an open violation of the oath of office. For locating sites, or receiving buildings on the completion of contracts, they clearly cannot receive pay. Sec. 1739. (a) The president of the board should take the oath of office according to article 11, section 5, of the Constitu- tion of Iowa. (b) The president has the right to vote on all questions com- ing before the board. If by such vote a tie is produced, the motion is lost. Sections 1721 and 1802, notes. (c) The president can draw no order on the district treas- ury except by authority of the board of directors. Section 1733 and notes, also section 1741, notes (e) and (/). (d) The president should not act as secretary or treasurer of the board. In the absence of the president, or when he refuses to discharge the proper duties of his office, a temporary president may be appointed, who, during the time he is acting as president, may sign orders and contracts, and do all other acts proper to be done by the president, but is not authorized to act, except when the board is in session. (e) The failure of an officer to attach his official title to his signature, will not effect the instrument so far as the district is concerned ; provided, the writing was authorized, and made for the district, and this fact can be shown. (/) An order of the board cannot be considered as officially transmitted, unless signed by the president, as well as by the secretary. Sec 1740. (a) The expenses in suits provided for by this sec- tion should be paid from the contingent fund. (b) " Appeals to the county superintendent or superintendent SCHOOL LAWS OF IOWA. 93 of public instruction, are not suits brought by or against the dis- trict township, and they are not suits brought by or against any of the school officers, within the meaning of the law, and no charge can be made against the district township for attorney's fees. Templin & Son v. District Township of Fremont, 36 Iowa, 411. SECRETARY. Sec 1741. (a) It is essential that the record of the proceed- ings of the board and district meetings should be properly kept. Every transaction should be carefully noted, and the proceedings should be read and approved. The registry of orders is also an important matter. Every order drawn should be promptly reported to the district treasurer, as he has no other means of de- termining the amount of outstanding orders, otherwise he cannot comply with the law requiring him to make partial payments. Sec. 1748. (b) The secretary is the custodian of the order-book. He makes the orders which the president afterward signs. (c) Public records are public property, and they are open to inspection at any time by any citizen. No public officer can refuse examination of the records; but he is their custodian, and being charged with their safe keeping, he must keep them in his posses- sion. (d) The failure of the secretary to record all the proceedings of the board and of district meetings in separate books, kept for that purpose, will not render the proceedings void. Higgins v. Reed, et a!., 8 Iowa, 298. (e) The secretary, president and treasurer must conform to the instructions of the board so far as those instructions are in accord- ance with law, but they should not obey the board when directed to do an illegal act. (/) If the board appropriate money to pay their members, other than the secretary and treasurer, or for any other illegal purpose, the president and secretary should refuse to sign the order, and, if drawn, the treasurer should refuse to pay it. (g) The secretary should not act as president or treasurer. Sec 1742. See sections 1718 and 1719 and notes. Sec 1743. The secretary is also required to keep an account cur- rent with the district treasurer, as provided by section 1782. 94 SCHOOL LAWS OF IOWA. Sec. 1744. This will aid the county superintendent in plan, ning his work of visitation, provided for in section 1774. The name of the teacher should also be given. Sec. 1745. (a) The blanks for the annual report of the secre- tary are furnished by the state, through county superintendents. The secretary should record the report, required by this section, in the district records. If a copy of the report is simply filed in his office, it is liable to be destroyed or mislaid, which may prove detrimental to the interests of the district. (b) In districts formed of parts of two or more counties, the secretary should make the annual report to the superintendent of the county in which a majority of the children reside. This re- port should not embrace those children who reside in portions of the district lying in other counties. The remaining number of children should be reported by the secretary to the superintend- ents of their respective counties. (c) In independent districts, it is the duty of the secretary of the board to take the annual school enumeration required by the first clause of this section, unless the board assign the duty to another person; in such case proper compensation should be given for the work required. Sec. 1746. In case the subdirectors fail to make their annua} reports, as required by section 1755; the secretary should colle< it 1 lie statistics necessary for a complete report. The board of direct- ors should give the secretary a suitable compensation for his labor. Sec. 1733. TREASURER. Sec 1747. (a) The language of this section is very explicit. It makes the treasurer the custodian of all moneys belonging to the district, which effectually precludes the idea of dividing the money belonging to any particular fund among the subdistricts. He can pay it out only on the order of the president, countersigned by the secretary, and the president can draw no order unless he is authorized to do so by the board of directors. Section 1733, and notes to same; also section 1741, notes(e') and (/). (b) Neither the electors nor the board of directors can author- ize the treasurer to loan money belonging to the district. (c) "If any state, county, township, school or municipal offi- cer, or officer of any state institution, or other public officer SCHOOL LAWS OF IOWA. 95 within the state, charged with the collection, safe-keeping, trans- fer, or disbursement of public money, fails or refuses to keep in any place of deposit that may be provided by law for keeping such money, until the same is withdrawn therefrom upon war- rants issued by the proper officer, or deposits such money in any other place than in such safe, or unlawfully converts to his own use in any way whatever, or use by way of investment in any kind of property, or loan without the authority of law any por- tion of the public money entrusted to him for collection, safe- keeping, transfer, or disbursement, or converts to Lis own use any money that may come into his hands by virtue of his office, shall be guilty of embezzlement to the amount of so much of said money as is thus taken, converted, invested, used, loaned, or un- accounted for, and upon conviction thereof he shall be imprisoned in the penitentiary not exceeding five years, and fined in a sum equal to the amount of money embezzled, and, moreover, is for- ever after disqualified from holding any office unorer the laws or constitution of this state." Code, section 3908. Sec. 1748 («) Minor improvements, such as the erection of ordinary outhouses, fences, etc., may be paid from either the contingent fund or school-house fund. Ordinary repairs should be charged to the contingent fund; but when such repairs assume the magnitude of a re-building, or of an extensive addition, they should be charged to the school-house fund. (b) The original cost of seating school-houses should be paid from the school-house fund. The law does not authorize the use of the contingent fund for the erection or completion of school-houses, but when a house needs re-seating or other repairs, the cost may be defrayed either from the contingent fund, or from any unappropriated school-house fund in the treasury. (c) Since the board of directors receive no pay for their serv- ices if they subscribe for any journal containing the official rulings and decisions of this department to aid them in their work we think they have a right to pay for the same from the contingent fund. (d) Boards of directors have no authority to transfer money from one fund to another, even temporarily, unless they are authorized under section 1717| to transfer from the school-house fund to either of the other funds. (e) The teachers' fund should not be divided among the sub- 96 SCHOOL LAWS OF IOWA. districts, neither equally nor according to the number of children nor upon any other basis. This fund can be paid out only to teachers for services performed, upon orders authorized by the board of directors. The board should limit the compensation to be paid teachers, according to the circumstances and wants of each subdistrict. Sec. 1749. See section 1784. Sec. 1750. The register provided for in this section is indispen- sable to the treasurer, under the law requiring him to make par- tial payments on orders, when he has not funds sufficient to pay them in full; section 1748. It is essential that he should know the exact amount of outstanding orders, and for this reason the sec- retary is required to report to him all orders drawn on the dis- trict treasury. Section 1741, and note (a), Sec 1751. (a) The blanks for the annual report of the treas- urer are furnished by the state, through county superintendents. The reports should be made according to form supplied. (b) The treasurer is responsible for all moneys coming into his hands by virtue of his office, even if stolen or destroyed by fire. The board have no authority to release him, unless he accounts in full for all moneys received by virtue of his office. District Township of Taylor v. Morton, 37 Iowa, 550; District Township of Union v. Smith, 39 Iowa, 9. (c) " Sec 690. When the incumbent of an office is re-elected he shall qualify as above directed ; but when the re-elected officer has had public funds or property in his control, under color of his office, his bond shall not be approved until he has produced and fully accounted for such funds and property to the proper person to whom he should account therefor ; and the officer or board ap- proving the bond shall indorse upon the bond, before its approval, the fact that the said officer has fully accounted for and produced all funds and property before that time under his control as such officer; and when it is ascertained that the incumbent holds over another term by reason of the non-election of a successor, or for the neglect or refusal of the successor to qualify he shall qualify anew within a time to be fixed by the officer who approves of the bonds of such officers." subdirector. Sec 1752. (a) In case a subdirector elect fails to qualify, the vacancy thus created is filled by his predecessor, who holds SCHOOL LAWS OF IOWA. 97 over another year, and should renew his oath of office. As soon as it i- ascertained that lie holds over, he may be required to qualify within a time to be prescribed by the board. See section 690. Code, also note (n) to section 1730. (b) Any school director or director elect is authorized to admin- ister to any school director elect the official oath required by law, but the secretary can not administer this oath unless he is a mem- ber of the board, a magistrate, or notary public. (c) If a person is elected as his own successor and fails to qual- ify by the third Monday in March, a vacancy exi ts which should be filled by appointment. Sec. 1753 (a) The subdirector is clothed with certain general powers by this section, but these are to be exercised under the direc- tion of the board. The board may restrict him, for example, as to when he shall employ teachers, for how long a time, at what compensation, and even whom he shall employ; the extent of repairs, and prices paid for same; and the amount and cost of fuel. Thompson v. Linn, 35 Iowa, 361. See note to section 1737, and preface to these laws. (b) " When a te cher or other person is about to enter into a contract with a subdirector he knows that he is dealing with a public agent whose powers are subject to regulations and restric- tion by the board; he is bound to know what these rules and restrictions are, and should be governed accordingly." lb. (c) The district township is bound by the contract of a sub- director, when made according to instructions by the board. 35 Iowa, 361. (d) The president can be compelled by mandamus to give his approval of a contract made in accordance with a vote of the board. (p) The board may pass a resolution that teachers shall receive their pay monthly, upon the certificate of the subdirector or of a committee of the board. tha ! the required time has been taught. (/) The board should regulate the compensation of teachers in the several subdistricts, authorizing the payment of such wages in e sch as will enable the subdirectors to secure teachers qualified to toach and govern their respective schools. (y) Each subdirector ha-; exclusive control of the school-house in his subdistrict, unless the district township meeting has other- wise ordered. 98 SCHOOL LAWS OF IOWA. (h) Special powers delegated to the subdirector by the law, as, for instance, the control of the school-house in his own subdistrict (section 1753), and the right to determine whether scholars may attend from or in an adjoining subdistrict (section 1795,) can not be assumed by the board. (i) It is proper to permit the use of school-houses for the pur- pose of public worship on Sunday, or for religious services, pub- lic lectures on moral or scientific subjects, or meetings on ques- tions of public interest, on the evenings of the week, or at any time when such use will not interfere with the regular progress of the school. Townsend v. Hagan, etal., 35 Iowa, 194. (/) The subdirector in district townships, or the board in inde- pendent districts, should require from parties desiring the use of the school-house, security for its proper use, and its protection from other injury than natural wear. (k) The use of a public school building for Sabbath-schools, religious meetings, debating clubs, temperance meetings, and the like is proper. Especially is this so, where abundant provision is made for securing damages which the tax-payer may suffer by reason of the use of the house for the purposes named. The use of a school-house for such purpose, when so authorized, is not prohibited by section 3, article 1, of the constitution. See 50 Iowa, 11. (I) If any person willfully write, make marks, or draw charac- ters on the walls or any other part of any church, college, academy, school-house, court-house or other public building; or will- fully injure, or deface the same, or any wall or fence inclosing the same, he shall be punished by fine not exceeding one hundred dollars, or by imprisonment in the county jail not more than thirty days." Section 3986, Code. Sec, 1755. The failure of subdirectors to make their reports, as required by this section, will reduce the semi-annual apportion- ments for the year, since they are made upon the enumeration of persons of school age. Sec. 1756. (a) The law does not provide that the board of directors are compelled to give scholar or parents notice or chance for defense before ordering the suspension or expulsion of the scholar. The board have large discretionary powers. This is one of the matters which come wholly within their dis- cretion. SCHOOL LAWS OF IOWA. 99 (b) A careful investigation of the charges against the scholar should be made before he is dismissed. (c) The action of the subdirector and president in dismissing a scholar remains in force for the term only. (d) The teacher has control over scholars during school hours, within reasonable limits, unless restricted by a rule of the board. He may require a scholar to remain in his seat during recess, as a punishment. However, it is not wise to deprive children, to any great extent, of the exercise necessary to their physical well-being. TEACHERS. Sec 1757. (a) All contracts made by the subdirector, under the provisions of section 1753, must be approved by the president and reported to the board of directors. The teacher's certificate should be produced before the contract is signed. (b) All matters agreed upon should be incorporated into the written contract. The tendency of our courts is to presume that the written contract embraces the entire agreement of the parties. (c) Section 2976, Code of 1873, provides that " a municipal or political corporation shall not be garnished." However, the cor- poration may waive exemption from this process. See Iowa Re- ports, 25, 315. (d) If a teacher is at the school-house at the proper time, and remains during school hours, he is entitled to pay therefor, accord- ing to his contract, whether scholars are present or not. ((■) Without special mention in the teachers contract, it is , understood that only the common branches are expected to be taught. (/) The board, for what seem to them good reasons, may order a short vacation. But they can not shorten the term included in the contract, without consent of both parties. (g) It is lawful for a board to give teachers holidays and not deduct pay, and it is quite usual. The teacher, however, can not claim it as a right. (h) " It is the duty of the subdirector to file the teacher's con- tract with the president of the board, and secure his approval ; the teacher being permitted to enter upon the performance of the contract, has a right to presume the contract was duly approved, and the absence of such approval can not deprive the teacher of 100 SCHOOL LAWS OF IOWA. the right to recover the stipulated compensation for the service by him rendered." Hattie Conner v. District Township of Lud- low, 35 Iowa, 375. (i) A contract made by a subdirector who is president, should be submitted to the board for approval, if a subdirector is em- ployed to teach the school in his own subdistrict, he should con- tract with the board, or with a committee appointed for that pur- pose, by the board. (j) The approval of the teacher's contract by the president is a mandatory act, which he can not refuse to perform, unless the contract is drawn at variance with instructions from the board, or otherwise violates law. (k) The board may authorize the president and secretary to draw orders for the payment of teachers salaries at the end of each school month, upon proper evidence that the service has been performed. See note (e) to section 1753. Sec. 1758. (a) The only legal certificates, besides those given by county superintendents, are the perpetual State certificates, issued by the educational board of examiners, prior to September, 1873, when said board was abolished. The superintendent of public instruction is not authorized to issue teachers' certifi- cates. (b) The teacher must have a certificate during the whole term of school, he is not authorized to teach a single day beyond the period named in his certificate. In case of the temporary absence of a teacher, from sickness or other cause, the place should be supplied with some person duly authorized to teach, selected by the subdirector. (c) In case a person is employed or continued as a teacher in violation of law without a certificate, a resident of the district may sue out a writ of injunction, restraining the person from teaching and the district from paying. Such a writ can not be served at the instance of the county superintendent. Perkins v. Wolf et al., 17 Iowa, 228. Boards of directors employing and paying such tenchers are liable to prosecution under the provis- ions of the general statutes for misapplication of funds. See sections 3965, 396G and 3967, Code. Sec 1759. (a) The teacher may be held responsible for the efficient discharge of every duty properly attaching to his office, including the exercise of due diligence in the oversight and pres- SCHOOL LAWS OF IOWA. 101 ervation of school buildings, grounds, furniture, apparatus, and other school property, as well as the more prominent work of instruction and government. M iking fires and sweeping the school-room are not, properly, a part of the teacher's duties. In rural districts, teachers frequently perforin this labor, as a matter of convenience and economy; those who are unwilling to perform this work, or who expect to receive pay for it, should so stipulate with the subdirector before entering into the contract to teach. (b) The party doing damage to school property is responsible for the same. The teacher is bound to exercise reasonable oare to protect and preserve school property, and failing to do so may be held liable for damages sustained. Sec. 1760. The secretary of the district should refuse to sign an order for the last month of the teacher's wages until the regis- ter is filed in his office as required by this section; without this register, he cannot make the report required by section 1745. GENERAL PROVISIONS. Sec. 1761. (a) There are no holidays during which teachers are exempt from teaching, unless excused by the board of direct- ors. A legal contract requires twenty days of actual service of a month. (b) There is no provision of law giving teachers time to visit other schools. Boards of directors may, however, grant holidays for that purpose. Sec. 1762. The provisions of this section are not applicable to> the normal institutes, held in compliance with the provisions of section 1769. Sec 1763. A teacher who teaches any of the languages refer- red to in this section in addition to other work as teacher, must have the certificate required by this section, additional to the one demanded by the first part of section 1766; but a teacher who teaches only one or more of the languages referred to above, or any other special branch named, may be required to have a certificate for such branch as provided by the last part of section 1766, and need not have the other certificate, unless desired. Sec 1764. (a) While moral instruction should be given iu every school, neither this section nor the spirit of our constitution and laws, wiil permit a teacher or board of directors to enforce a. regulation in regard to religious exercises, which will wound the 102 SCHOOL LAWS OF IOWA. conscience of any ; and no scholar can be required to conform to any particular mode of worship. Our common schools are main- tained at public expense, and the law contemplates that they shall be equally free to persons of every faith. A very suitable devo- tional exercise consists in reading a portion of Scripture without note or comment, and the repetition of the Lord's Prayer. (b) The diversion of the school fund in any form or to any ex- tent for the support of sectarian or private schools is inadmissible and clearly in violation of our laws. " Public money shall not be appropriated, given or loaned by the corporate authorities, supervisors or trustees of any county, township, city or town, or municipal organization of this state, to, or in favor of, any institution, school, association, or object, which is under ecclesiastical or sectarian management or control." Sec- tion 552, Code. COUNTY SUPERINTENDENT. Sec 1766. (a) The examination of teachers is a most impor- tant and difficult labor. Examinations should be thorough and systematic, and made with a view of obtaining the actual meas- ure of the proficiency of the applicant in each branch. Written examinations afford the best test of scholarship, if the questions are carefully prepared and frequently renewed. (b) While the superintendent is not specifically prohibited from examining teachers on other days than the last Saturday in each month, he should generally confine himself to these days, and to such additional time as the amount of labor seems to re- quire. He may, with advantage, make appointments to hold examinations in different localities, for the convenience of teachers, previous to the commencement of the winter and sum- mer schools. Such examinations, with those held at the county seat on the last Saturday of the month, ought, ordinarily, to give sufficient opportunity to all persons desiring to be examined. Applications made at other times should be rejected, unless good reasons are given for not attending the regular examinations; the interests of the schools do not require frequent or individual examinations, and the time of the superintendent can be more profitably employed in the performance of other duties. Sec. 1767. (a) County superintendents should remember that they are to inquire, not only into the literary qualifications of SCHOOL LAWS OF IOWA. 103 the applicant, but they must also be satisfied that the applicant possesses a good moral character, and the essential qualifications for governing and instructing children and youth. Scholarship, moral character, ability to govern, aptness to teach — the law re- quires all four of these qualifications in those to whom are intrusted the highest interests of the state — the education of its youth. (b) Certificates should not be renewed nor should county superintendents indorse certificates given by other superintendents. Each county superintendent should satisfy himself of the scholas- tic attainments of his teachers; after he has done this, his visits should always determine, in part at least, the grade of certificate to be granted. Every applicant for an examination, and of course, every person receiving a certificate, should pay a dollar toward the institute fund. (c) The law fixes only the maximum time for which a certifi- cate may be given. The minium is left to the discretion of the county superintendent. (d) It is clearly the intention of the law, that every person who applies for an examination shall pay one dollar. This is to be repeated every time the applicant presents himself for a new examination. (e) Section 1769 of the Code of 1873, was repealed by chapter 57, of the fifteenth general assembly. Hence, the authority to collect a fee of one dollar as compensation for a private examina- tion, has been abolished. Sec. 1768. The record required by this section, should be care- fully made, as the items form a part of the county superin- tendent's annual report to the superintendent of public instruc- tion. Sec 1769. (a) The normal institute takes the place of the teachers' institute held under previous laws. It must be held at a time when the public schools are generally closed. Prepara- tions for the institute should be commenced early, by securing the requisite instructors, rooms, fixing the time, etc. (b) The superintendent of public instruction is authorized, upon receipt of the proper certificate from the county superin- tendent, to appoint the time and place of holding the normal institute and to transmit to him a warrant on the state treasury for fifty dollars, toward defraying its expenses. Section 1584, 104 SCHOOL LAWS OF IOWA. Code. County superintendents will determine the time and place, and make application to the superintendent of public instruction for holding an institute, at least thirty days before the institute is to commence. This application and the appointment are nec- essary to secure t he state appropriation. (c) The length of time dining which the normal institute shall remain in session is left to the discretion of the county superin- tendent. This will depend largely upon the amount of the insti- tute fund. It cannot remain in session less than one week of six days, section 1584, Code. A session of from three to six weeks may be safely undertaken in most counties. (d) Attendance upon the normal institute will be voluntary on the part of teachers; but young and inexperienced teachers will not expect to receive certificates, unless of the lowest grade, without regularly attending the normal institute. By means of the larger fund and the greater length of time during which this institute will remain in session, it can, if the proper means are em- ployed, be rendered invaluable to teachers. The benefits which they will receive, will secure their voluntary and general attend- ance. Any schools that may be in session during the normal institute, will not be closed, except upon the order of the board of directors thereof. (e) The law requires the county superintendent, with the con- currence of the superintendent of pubtic instruction, to procure such assistance as may be necessary to conduct the institute. It is expected that superintendents will select conductors and teach- ers, as far as practicable, and forward the names for examination and approval. Ordinarily, three or four instructors should be se- cured, all of whom should be superior teachers of recent experi- ence; one of whom, at least, should have had experience in institute work, and be able to give plain, practical instruction, in methods of school organization, government and teaching. One or more lady teachers thould be secured, where it is practicable. The best results are usually secured by dividing the institute into two or more divisions for instruction in the several branches, leaving a portion of the time for general instruction before the whole insti- tute. Poor conductors and instructors have been employed and the teachers of some counties have reason to complain. County superintendents should have sufncent evidence of the abilities of their instructors, before employing them. In all cases when SCHOOL LAWS OF IOWA. 105 strangers are employed, references should be required, ;)nd inqui- ries made in this office will frequently secure the proper knowl- edge. (/) The superintendent may assume the general management of the institute, and act as conductor, assigning others their work, or may select another.to act as conductor and take the place of teacher, or may simply assume the general oversight and direc- tion, rie is entitled to his per diem for any service in connection with the institute, as for other official duties, but receives no part of the institute fund. ( ) These normal institutes are short training schools; their object is to reach and correct the greatest delects found in the schools. The superintendent in visiting schools should seek to discover the most prominent defects mid wants in the methods of instruction. The normal institute will afford effective means of reaching and correcting these faults. The great .object is to in- struct teachers how to teach children. (h) The reports and payments to the county treasurer, required by this section, should be made on the first day of each month. (i) It is the duty of the board of supervisors, at the close of his terra of office, to settle with the county superintendent, as with other coutity officers, acco; ding to the provisions of the law. Sec 1771. (a) Though an appeal will lie in such cases, the discretion of a county superintendent in refusing or revoking a teacher's certificate will not be interfered with by the superintend- ent of public instruction, unless it is clearly shown that in such act, the county superintendent violated law or abused his discre- tion. Dougherty v. Tracy, School Law Decisions, 34. (b) The notice provided for in this section, should contain an explicit, statement of the charges against which the teacher is expected to make his defense. Sec 1772. (a) The blanks for the annual report of the county superintendent are furnished by the superintendent of public instruction. (b) The superintendent may test the accuracy of the treasurer's reports by consulting the books of the county treasurer. The amount of the several funds reported as received from the district tax, also the amount received from the sem -annual apportion- ment, should agree with the county treasurer's receipts for the same. All errors should be corrected. The amounts reported on 106 SCHOOL LAWS OF IOWA. hand in the last report should always be reported as the amounts on hand at last report the following year. (c) The abstract of t the enumeration of children in each dis- trict should be made with especial care, and should be complete and accurate, otherwise the county may not obtain its just pro- portion of the income of the permanent school fund. (<1) Should the district secretaries or treasurers fail to make their reports in time, the superintendent should take prompt measures to secure them, going after them if necessary. (e) When district townships are divided, or independent dis- tricts organized, the superintendent should immediately file with the county auditor a statement, based upon the last report of the secretaries, showing the number of persons of school age in each of the districts whose boundaries have been thus changed. Sec. 1774. (a) The superintendent in his visits should seek to aid, instruct, and inspire teachers to the employment of the best methods of teaching, governing, and conducting their schools; should try to secure the proper classification of scholars, the ar- rangement of courses of study, and the care and protection of the school property. He should study to awaken among parents and children, a deeper interest in the public schools so as to secure improved attendance, deportment and scholarship of scholars, and more frequent visits of parents and school officers. A judi- cious visit from the superintendent may often serve to infuse new life into the school. (b) The county superintendent should carefully observe the condition of the school-house and surroundings, note all defects, and notify the subdiveetor or board of directors of the same. Sec. 1775. The blanks for these reports are furnished by the superintendent of the respective institutions. Sec 1776. (a) The board of supervisors shall furnish the county superintendent with an office at the county seat, togethei with fuel, lights, blanks, books, and stationery necessary ant) proper to enable him to discharge the duties of his office, but in no rase shall such officer be permitted to occupy an office also occu- pied by a practicing attorney. See section 3844, Code. taxes. Sec. 1777. (a) This section requires boards of directors to certify the specific sums necessary to be raised for teachers' and SCHOOL LAWS OF IOWA. 10T contingent fund to the board of supervisors, whose duty it is to> estimate and levy the per centum necessary to raise the amounts, so certified. (b) It is wholly within the discretion of the board of directors- to determine the amounts required for the contingent and teachers' funds. Any vote of the electors touching these amounts, is only suggestive, and is not at all binding All school-house funds must be voted by the electors. See sections 1717 and 1807. (c) Section 1780 limits the amount which may be levied in a district township for any one year, to fifteen dollars per scholar for teachers' fund and five dollars per scholar for contingent fund, but authorizes the levy of seventy-five dollars for contin- gent, and two hundred and seventy dollars for teachers' fund for each subdistrict, even if the levy thereby exceeds five and fifteen dollars per scholar, for these funds. (d) If the amount of school-house tax voted and certified by the board of directors in any year exceeds the limit which the board of supervisors are allowed to levy, under the provisions of section 1780, it is the duty of the board of directors to certify the amount of the deficiency from year to year until the whole amount is levied. (e) The teachers' and contingent funds are not to be appor- tioned among the subdistricts, but levied uniformly on the taxa- ble property of the district township. (/) Chapter 67, laws of 1874, authorizes districts formed from territory lying in adjoining counties, to vote and certify to the re- spective boards of supervisors the number of mills on the dollar required to raise the necessary school taxes. Sec 1778. (a) All school-house taxes must be voted either by the district or by the subdistrict electors. When voted they must in all cases be certified to the board of supervisors. All taxes voted by the district township meeting must be apportioned among the subdistricts of the township. The basis of this ap_ portionment is the aggregate number of mills previously levied upon the subdistricts of the township for school-house purposes. The apportionment should be made so as gradually to equalize these rates, in order that the school-house tax may, ultimately,, be uniform throughout the district. (b) The township electors may vote a tax for the erection of 108 SCHOOL LAWS OF IOWA. a school-house in any subdistrict, without previous action of the subdistrict electors. If the subdistrict electors vote to raise a sum for school-house purposes, it is the duty of the subdiiector to certify the same to the district township meeting. If this duty is neglected the board of directors are not authorized to certify the tax voted. Whatever portion of the sum properly certified the district meeting neglects or refuses to grant, must, be certified and levied directly upon the subdistrict making the request, in addition to the equitable portion of the whole amount voted by the district township meeting. If the meeting refuses to vote any amount the whole must be certified and levied upon the subdistrict. (c) The tendency of the action of the subdistrict electors in voting school-house taxes, is to produce unequal rates of taxa- tion for school- house purposes, and otherwise greatly to com- plicate the raising of school-house funds; hence, unless the necessities of the case absolutely require, such action should not be encouraged. All necessary school-house taxes should, as a rule, be voted by the district township meeting. See note (c) to Form 3. Sec 1779. Personal property should be taxed in the district where the person resides, the general rule being that persona 1 property attaches itself to the residence of the owner. See sections 803-6 and 823-4, Code of 1873. Sec 1780. The second proviso in this section was added for the relief of sparsely settled townships, in which five dollars per scholar for contingent fund, and fifteen dollars per scholar for teachers' fund, is not adequate to maintain schools for the time required by law. In such districts these limits may be exceeded, providing not more than $75 for contingent fund, and $270 including the semi-annual apportionment, for teachers' fund, is levied for each subdistrict in the township. COUNTY AUDITOR. Sec 1.781. For the basis of the apportionment to new districts, see note (e) to section 1772. Sec 1783. It is important that the certificate referred to should be promptly forwarded to the superintendent of public in- struction; otherwise, the interests of the county may suffer by the transaction of business with persons not duly authorized to act. SCHOOL LAWS OF IOWA. 109 The certificate should in all cases certify to the qualification as well as the election or appointment of the county superintendent; for, although he may be properly elected or appointed yet he cannot be recognized until it is known that he has taken the necessary oath of office and filed the required bond. Whenever any change is made by resignation or otherwise, a certificate of the appointment and qualification of a successor should be im- mediately forwarded. COUNTY TREASURER. Sec. 1785. The three funds provided for by law, viz. : school- house, teachers', and contingent, must be kept separate by the county treasurer, as provided for in this section, to enable school officers to comply with the law in the discharge of their official duties. See sections 1739, 1741, 1745, 1748 and 1750. MISCELLANEOUS. Sec 1789. (a) The object of this section is to prevent a few designing persons from meeting at an unusual hour, dispatch- ing the business with unseemly haste, and adjourning before many of the electors arrive. The meeting should be conducted with entire fairness, and an opportunity given for an expression of the real sentiment of the district. (b) In district townships, subdistricts, and in independent districts containing less than three hundred inhabitants, the meeting may be organized at any time after 9 o'clock a. m.. and before 6 o'clock p. m., and may continue as long after 12 m. as circumstances may require. (c) The law contemplates at least three hours for the election, in any case. Iowa Reports, 37, 131; 39, 381. Sec 1790. (n) When any election is contested the person elected shall have twenty days in which to qualify, after the date of the decision. See section 687, Code. (b) The secretary of the board of directors, unless he is a notary public or other civil officer qualified to administer oaths, cannot administer the oath to subdirectors. A subdirector, whether holding over or elected, can administer the oath of qualification. (c) The decision of a tie vote, as made by chapter 7, laws of the eighteenth general assembly, may make it impossible for 110 SCHOOL LAWS OF IOWA. the person chosen to qualify on the third Monday in March. In such case, the board should fix a reasonable time within which the person must qualify. The provisions of section 687, Code, may perhaps apply. See note (a) above. Sec 1791. See sections 3908, 3917, 3918, and 3929, Code. The language of this section includes copies of the school laws, school journals, reports, and all other publications which may be received by virtue of being a school officer. Sec. 1793. (a) If scholars reside more than one and one-half miles from a school in their own district and nearer to a school in an adjoining district, which they desire to attend, application should first be made to both boards of directors ; if the boards refuse to enter inte an agreement, they may attend school in such adjoining district with the consent of the board of the dis- trict where they desire to attend and of the county superin- tendent of the county in which the children reside. (b) The notice referred to in this section cannot be said to be officially transmitted unless signed by both the president and secretary of the district. Payment for attendance can be col- lected from the district where they reside, only from the date of such notice. (c) Depositing a letter in a post-office without further proof that such letter reached the party addressed, is not a legal notice as required by section 1793 to secure the payment of tuition on the part of an adjoining district. (d) The average proportion of tuition and contingent ex- penses for any number of scholars is found by dividing the amount expended for these purposes in the subdistrict where they have attended, by the total attendence in days, and multiplying the quotient by the number of days said scholars have attended. When scholars attend a graded school, the average tuition should be computed on the basis of the expense of each pupil in the grade oi room in which such scholars are placed; the average expense of contingent fund may be computed as a part of the whole contingent expense of such school. (e) If scholars reside nearer to a school in their own district, or within one and one-half miles of one, they can attend school in an adjoining district at the expense of their own district, only by agreement of both boards. (/) Any other action than compliance with the absolute and SCHOOL LAWS OF IOWA. Ill explicit terms of the law will render the collection of tuition impossible. (g) In no case can scholars attend school in a district in which they do not reside, without the consent of the board thereof. The distance should, in all cases, be computed by the nearest public road. Sec. 1T94. (a) The residence of the scholar, and not of the parent, determines his right to attend school. The parent may reside in one district and the child in another. If the parent sends him into another district to remain for a limited period he can attend school only on such terms as may be prescribed by the board of directors. (b) When there is a question of doubt whether parties are en- titled by their residence to school privileges, since the fact of residence depends upon the intention of the parties themselves, their affidavits are the best guide to determine the matter. Sec 1795. (a) In order that scholars may attend in an adjoining subdistrict in their own district township, it is necessary to have the consent of both subdirectors. Since this matter is placed in the hands of the subdirectors, the board have no control, and the only remedy is such a redisricting, under section 1796, as will better accomodate all parties. (b) Special powers delegated to the subdirector by the law, as, for instance, the control of the school-house in his own sub- district (section 1753) and the right to determine whether schol- ars may attend from or in an adjoining subdistrict (section 1795) cannot be assumed by the board. Sec 1796. (a) While this section provides that boards may change subdistrict boundaries at the regular meeting in Sep- tember, or at a special meeting called for that purpose between September and March, it must be understood that such change cannot be made so late as to prevent the notices for election from being given at least five days previous to the election, as required by section 1718. (b) It requires a vote of a majority of all the members of the board of directors to make any changes in the boundaries of sub- districts. See section 1738. (c) It is especially important that the county auditor and treasurer be officially notified by the district secretary whenever any changes are made in the district township boundaries, by 112 SCHOOL LAWS OF IOWA. the formation of independent districts or otherwise, to enable th» ?se officers to perform their duties in the levy of taxes and the apportionment and disbursement of school funds. () The contemplated independent district must include all of the city, town or village, and may include a*s much contiguous territory as the board of directors think proper. It. is not iimited by subdistrict lines, but may, if necessary, include a part or all of two or more subdistricts. When the boundaries extend beyond the limits of a town or city, they must conform to lines of congressional divisions of laud. See note (a) to sec- tion 1800. (b) The board of directors of the district township in which a majority of the voters of the contemplated independent dis- trict reside, may establish the boundaries of said district without the concurrence of any other board of directors, even when said territory is taken from two or more civil or district townships in the same or adjoining counties. See section 18 >5. (c) The notices of the election to determine the question of a separate organization should state with clearness the boundaries of the proposed district. (d) The president and secretary of the district township should act as chairman and secretary of this meeting, and as judges of the election ; in their absence a chairman and secretary should be chosen by the electors. ( may apply to him for a rehearing: the proceedings to cor- respond as nearly as possible to the proceedings in the case of an appeal from a board of directors. If any party is aggrieved by the result of this investigation an appeal may be taken therefrom to the superintendent of public instruction. See opinion of the attorney-general, School Journal for June, 1867; also, Dougherty v. Tracy, School Law Decisions, page 34. (d) A party in whose favor an appeal is decided has the remedy of a writ of mandamus from a court of law, to enforce the decision of appeal. Sec 1836. Payment for postage in advance will be required with the affidavit. It is impossible to tell what amount of post- age will be needed in each case, and one dollar will be required, to cover all needed postage. This will undoubtedly re-imburse the state for outlay of postage in appeal cases. 124 • SCHOOL LAWS OF IOWA. Sec. 1585. Chapter 115 of the laws of the seventeenth general assembly changed the provisions of section 1585, preventing the use of university funds for the support of a preparatory depart- ment, heretofore sustained by the university. Students are now required to come prepared to enter upon collegiate studies. For terms of admission to the university, apply to the president of the university, at Iowa City. CHAPTER 129, LAWS OF 1876. (As amended by Chapter 142, Laws of 1878.) STATE NORMAL AND TRAINING SCHOOL. Section 5. This section was amended by Chapter 142, of the seventeenth general assembly, authorizing the board of directors to charge a tuition fee. For terms of admission to the school, apply to the principal of the normal school, at Cedar Falls. CHAPTER 133, LAWS OF 1878. (As amended by Chapter 131, Laws of 1880.) SUBDIVISION OF INDEPENDENT SCHOOL DISTRICTS. Section 1. (a) The provisions of this section as amended apply to all independent districts organized under the laws of this state. (b) The amount of territory cannot be less than an equivalent of four government sections, unless the provisions of the latter part of this section apply. (c) An independent district containing territory amounting to less than eight government sections may be divided into two independent districts, if an unbridged stream or other obstacle prevents a considerable number of scholars from attending school, or if one portion contains a village of not less than one hundred inhabitants. The district so formed must contain territory amounting to not less than two government sections, and a majority of the votes cast in each contemplated district must be cast fur the division. SCHOOL LAWS OF IOWA. 125 Sec. 2. When the required number of electors petition for snch division, the board of directors are compelled to call the election. Sec 5. When the division has been made, a settlement of assets and liabilities must be made, in conformity with section 1715. CHAPTER 8, LAWS OF 1880. SEPARATE POLLING PLACES. Section 1. This chapter applies only to cities which, with their contiguous territory, have not less than 15,000 inhabitants, as determined by the last state or national census. Sec. 2. The directors should submit all questions pertaining to school-house taxes, including those for library and apparatus, in such way that the electors can determine these questions by ballot. CHAPTER 51, LAWS OF 1880. This chapter is substantially a re-enactment of chapter 132 of the seventeenth general assembly. CHAPTER 132, LAWS OF 1880. Section 1. The board of directors can refund outstanding bonds by a two-thirds vote of the board. The bonds must run at least five yeais, and the interest is limited to seven per cent. They are not required to submit the question of issuing bonds to redeem outstanding bonds, to the electors, as provided in section 1821. if the above conditions are fulfilled. PART III DECISIONS. SARAH E. SMITH V. DISTRICT TOWXSHIP OF ALBION Appeal from Howard County. Teachers: Right of , to inflict punishment upon their pupils, A school master who stands in loco parentis may, in proper cases, inflict moderate and reasonable chastisement. The law confides to teachers a discretionary power in the infliction of punishment upon their pupils, and will not hold them responsible criminally, unless the punishment be such as to occasion permanent injury to the child, or be inflicted merely to gratify their own evil passions. The record in this case shows that the plaintiff, Sarah E. Smith, entered into a contract with the subdirector of subdistrict number two in said district township, to teach a school for fonr months, commencing on the 19th of December, 1864. That she commenced her school ac- cordingly, and taught until the 30th of January, 1865. That on the 29th of January she was notified to meet the board of directors to answer to the charge of undue severity in chastising one of her pupils ; that she attended the meeting of the board and made her defense, but the board decided to expel her from her school, paying her for the time she had taught. From this action of the board she appealed to the county superintendent, who reversed the order of the board, and from the decision of the county superintendent an appeal is brought to the superintendent of public instruction. 128 SCHOOL LAWS OF IOWA. It is claimed on the part of the board that the county superintendent had no jurisdiction, and that he erred in entertaining the appeal and reversing the order of the board ; but having gone to trial before the county super- intendent, and having submitted the case, after making their defense, they cannot now plead want of jurisdiction. The testimony shows that the pupil, a boy of some twelve years of age, did not like the seat assigned him by the teacher, and asked permission to go out, which was given ; that he started toward home; that the teacher called to him to come back, threatening to punish him if he disobeyed ; that he went home and remained out of school about a week; that at the close of the school on the day he returned the teacher reminded him of the punishment threatened, and proceeded to adminis- ter it, striking him over the shoulders and back with a whip furnished by one of the pupils ; that the boy resisted, striking back, snatching away the whip, and using bad language ; that the teacher obtained another whip— a willow switch — and administered several strokes with it, some of which were across his head and face, in consequence of which one of the boy's eyes was apparently injured. An older brother of the boy then interfered, and the " affray ended." It does not appear that the teacher punished hastily or in anger, or that it would have been too severe, or im. properly administered, had the boy not resisted. It is doubtful whether the resistance justified the teacher in striking the boy across the head and thereby causing an injury — fortunately temporary — to one of his eyes. The county superintendent regarded this as accidental, and as no permanent injury was sustained, justified the teacher. Much has been written during the last twenty-five years in regard to the proper means to be used for main- SCHOOL LAWS OF IOWA. 129 taming the authority of the teacher over the pupils. We can remember when the whip was applied very frequently and very severely — when the pupil obeyed from fear of punishment, and not from any sense of duty or of respect for authority. Since that time there has been a great change ; appeals to reason, to a sense of duty and to right have been successfully used by the most competent teachers. In many schools the rod is excluded, and yet ready and cheerful obedience is secured from the pupils. We wish such a result could be reached in all the schools ; that the teacher could inspireUhe pupils with such a love for order — for good government and for rightful author- ity ; with such a love for right-doing and such a hate for wrong-doing, that it would only be necessary to point out the path of duty instead of the command to walk in it. While family government and the public sentiment of some communities may render such a course possible, the want of family government and the loose reins given to " Young America," in many communities require strong and physical force to hold in subjection unsubdued nature. All admit that the teacher must maintain authority, and for that purpose he is sustained by the highest authorities in inflicting moderate punishment. In Kent's Commentaries, 9th edition, volume 2, page 222, is the following : " A school-master who stands in loco parentis, may in proper cases inflict moderate and reasonable chastisement." In Wharton's American 2 Criminal Law, 5th edition, volume 1, page 669, is the following: " The law confides to school-masters and teachers a discretionary power in the infliction of punishment upon their pupils, and will not hold them responsible criminally, unless the punishment be such as to occasion permanent injury to the child, or be inflicted merely to gratify their 130 SCHOOL LAWS OF IOWA. own evil passions." State v. Pendergrass, 2 Dev. & Bat, 407. " On the trial of an indictment of a school-master for an assanlt on a pupil the judge refused to instruct the jury that the defendant was criminally liable for punishing a pupil only when he acted malo amnio, from vindictive feeling, passion, or ill-will, or inflicted more punishment than was necessary to secure obedience, and not for error of opinion or judgment, provided he was governed by an honest purpose to promote discipline and the highest wel- fare of the school, and the best interests of the child ; and instructed them that in inflicting corporal punishment a teacher must exercise reasonable judgment and discretion, and be governed as to the mode and severity of the pun- ishment by the nature of the offense, the age, size, and apparent powers of endurance of the pupil." Common- wealth v. Randall, 4 Gray (Mass.), 36. " If there is any reasonable doubt that the punishment was excessive the master should have the benefit of it." Lander v. Seaver, 32 Vt. (3 Shaw), 114. We add the following as having some 'bearing on this case: " Though a school-master has in general no right to punish a pupil for misconduct committed after the dis- missal of a school for the day, and the return of the pupil to his home, yet he may, on the pupil's return to school, punish him for any misbehavior, though com- mitted out of school, which has a direct and immediate tendency to injure the school and to subvert the master's authority." Lander v. Seaver, supra. Many other authorities might be cited establishing the authority of the teacher to inflict punishment necessary for securing obedience to reasonable rules. As it is not shown in this case that the rules were unreasonable or the SCHOOL LAWS OF IOWA. 131 punishment severe (the teacher must have the benefit of the doubt in regard to the manner of punishing), the decision of the county superintendent is Affirmed. ORAN FAVILLE. Superintendent of Public Instruction. April 22, 1865. MARIA L. DOUGHERTY V. L. D. TRACY, COUNTY SUPERINTENDENT. Appeal from Grundy County. 1. Revocation op Teacher's Certificate. The order of a county superintendent revoking a certificate will not be interfered with on appeal, unless it appears that he acted from passion or prejudice. 2. . Opinions unsupported by facts cannot be received as satisfactory evidence of prejudice. April 1, 1867. L. D. Tracy, superintendent of common schools for the county of Grundy, revoked the certificate of Maria L. Dougherty, a teacher of said county, on the alleged ground of incompetency to properly govern and control a school. A notice of the revocation, made out in due form, was served upon the secretaries of the several district townships ; but no notice of the revocation was served by the superintendent on the plaintiff. The plaintiff appealed to the superintendent of public instruction, who by circular of May 15, 1867, directed that the case should be heard by the county superintend- ent. Such hearing took place June 7, 1867. During the examination twenty-three persons, patrons and pupils, testified to the good order of the school, and the general good character and reputation of the plaintiff as a teacher. Fourteen persons made affidavit that they believed plain- tiff's certificate was revoked from personal prejudice. 132 SCHOOL LAWS OF IOWA. One witness, called by the defense, testified that the school was not governed as well as it might have been ; that he several times heard cursing and swearing on the school grounds at noon and recess. Three persons testified that they did not believe the superintendent revoked plaintiff's certificate from prejudice or passion. Nineteen persons certified that they believed Mr. Tracy to be a competent and impartial officer, and free from any malicious administration. The county superintendent, disregarding the weight of evidence in regard to the plaintiff's qualifications, affirmed his previous decision revoking plaintiff's certificate, and certified that the act was done without prejudice or passion toward the plaintiff, and that he was impelled to that course by conviction, which was the result of personal observation and knowledge, that plaintiff was incompetent to govern a school properly. From that decision the plaintiff appeals. If this case could be determined by the weight of evidence in regard to the plaintiff's ability to govern a school properly the decision would be in plaintiff's favor. But there are other elements for consideration. The county superintendent is clothed with large discretionary powers. So great has this discretion been regarded that it has been held by previous incumbents of the office of superintendent of public instruction that the refusal to grant a teacher's certificate or the revocation of such certificate by a county superintendent was an act so wholly discretionary that it was not subject to revision. The circular of May 15, 1867, from this department, main- taining the right of appeal in such cases was not intended to curtail the discretionary power of county superintend- ents, but to point out a way in which its abuse might be corrected. SCHOOL LAWS OF IOWA. 133 Iii the absence of special statutory provisions in regard to the manner of hearing appeals, it is presumed that general principles are applicable. It may not be amiss at this time to enunciate some general principles which will be observed in the adjudica- tion of this and similar cases. I. The discretion of a county superintendent in re- fusing or revoking a teacher's certificate will not be interfered with by the superintendent of public instruc- tion unless it is clearly shown that the county superintend- ent in such act violated the law in letter or spirit, or was influenced by passion or prejudice. This position is believed to be correct in the light of both principle and public policy. The general rule is, "the supreme court will not interfere with the decisions of the district court in cases where the latter has a discretionary power, unless it is fully apparent that such power has been abused." Hammond's Iowa Digest, page 65. Numerous cases might be cited in support of this rule, but such citations are deemed unnecessary. The county superintendent is presumed to be selected from among his fellow citizens on account of his ability to exercise a sound discretion in the discharge of the important duties of his office. He is bound by a solemn oalh to discharge his trusts with fidelity. He is on the ground and has a personal knowl- edge of the circumstances. He can judge of the ed- ucational requirements of his county better than another person scores of miles distant. In his examination of teachers and in his visits to their schools he can judge of the teacher's comparative and actual merit and ability better than those who have less extended opportunities for observation. He is responsible to his constituents for the manner in which his duties are performed. His official acts may be reviewed and modified or annulled by 134 SCHOOL LAWS OF IOWA. the superintendent of public instruction. Frequent interference with the discretion of county superintendents would tend to bring their authority into contempt, and to unsettle the foundations of our school system. While, then, the right to review an abuse of discretion is reserved, and the right to reverse an illegal decision maintained, the discretion of county superintendents will not be inter- fered with unless such interference is necessary to secure justice or vindicate law. II. The proof of the violation of law, or of the in- fluence of passion or prejudice in the performance of official duty must be clear and convincing. Mere opinion, unsupported by facts, is insufficient to establish the allega- tion of passion or prejudice. "As a general rule wit- nesses, unless experts, should state facts not opinions. 9 * Wh it 'more v. Bowman, 4 G.Greene, Iowa, 148. '"Except when given by experts, evidence of mere opinion is not competent, unless upon some controlling ground of necessity, resulting from the nature of the inquiry." Dalzell v. City of Davenport, 12 Iowa, 437 ; Danforth, Dennis & Co. v. Carter & May, 4 Iowa, 230. In the light of these principles, which are believed to be correct and proper, conclusions may be readily formed. It is held that it is not necessary for the county super- intendent to notify the plaintiff of his intention to revoke her certificate before taking such action ; neither does the law require him to serve a copy of the revocation upon the plaintiff, subsequently. Courtesy and propriety however, would dictate that the teacher should receive immediate notice of the revocation from the county superintendent. The rulings of the county superintendent on the ad- mission of evidence have no material effect on the final decision of the case, hence the exceptions of the plain SCHOOL LAWS OF IOWA. 135 tiff thereto are passed over. The revocation of a teacher's certificate is adjudged to be an act of discretion on the part of the county superintendent, which will not be inter- fered with, without satisfactory proof of illegality or of prejudice. In this case, while the weight of testimony is favorable to plaintiff's qualification, and opinion is conflicting in regard to .prejudice, there is not a single fact adduced in the testimony upon which the theory of prejudice can be based. On the other hand, the county superintendent headed a subscription to pay plaintiff's board, and was the first to pay said subscription. During the term he told tiie subdirector that the plairitiff must be sustained in her government of the school at all hazards ; and these facts indicate the absence of prejudice. The mere opinion of witnesses, unsupported by facts, cannot be re- ceived as satisfactory evidence of prejudice. Some embarrassment is experienced in this case from the circumstance that tiie plaintiff belongs to that gentler sex to which we are all educated to do homage, and the idea is largely prevalent that they are not amenable to law in an equal degree with the opposite sex ; but having a high regard for the rights of women, we dare not per- vert law even to shield them from its operation. We are therefore compelled to affirm the decision of the county superintendent. Affirmed. D. FRANKLIN WELLS, Superintendent of Public Instruction. October 1, 1867. x 136 SCHOOL LAWS OF IOWA. BENJAMIN SMITH V. DISTRICT TOWNSHIP OF COFFIN'S GROVE. Appeal from Delaware County. 1. Proceedings. In the absence of proof to the contrary, the legal presumption is that the proceedings before the county superintendent were entirely regular. 2. Explanatory Notes: Force of . Notes to the school law, while proper aids to school officers, have not the binding force of law, and a non-compliance with them is not necessarily a violation of law. On the petition of the electors of subdistrict number one, Coffin's Grove district township, the board of direct- ors thereof located the site of a proposed new school- house "just east of the burying ground, on the right hand side of the road, adjoining the corner of Mr. Brook's field." From this action plaintiff appealed to the county superintendent on the 25th of March, by whom the case was heard April 19, 186?. On the 13th of June the county superintendent issued an order re-locating the site three-fourths of a mile further south, and at or near the center of the subdistrict. Fr.om this order an appeal is taken, and thus the case comes up for review. The appellants claim a reversal of the county superin- tendent's decision on thejground : 1 That the county superintendent had no jurisdiction in the matter. 2. That the county superintendent erred in not taking the depositions of witnesses in writing and having the same signed and sworn to by the witnesses. 3. That the county superintendent erred in not mak- ing up his record at the time of trial. 4. On the merits of the case. The denial of the county superintendent's jurisdiction is based on the fact that the original affidavit does not SCHOOL LAWS OF IOWA. 137 state that the appeal was taken within thirty days of the action of the board complained of, and reference is made to page 57 of "explanatory notes," in which it is stated that this fact should appear, though there is no such specific requirement in " An act to provide for appeals.'' The question naturally arises as to the legal force of these" " explanatory notes." Have they the effect of statutory provisions, or otherwise? While the right of every tribunal to establish rules and regulations not inconsistent with law, must be admitted, these " explanatory notes" made by the superintendent of public instruction are not legal enactments, nor " rules and regulations," and so far from being mandatory in their character are merely advisory and directory, and intended for the assistance and guidance of school officers. They are a commentary on the school law ; and as they are replete with good common sense suororestions, their observance will render the administration of the school law more accurate and satisfactory, but a non-compliance with them is not necessarily a violation of law. It must be admitted that an affidavit which does not state the date of the decision or act complained of is very carelessly drawn and a superintendent might be justified in refusing to entertain it ; but if it be enter- tained, it is still competent for the opposite party to show that the thirty days allowed by law had expired previous to the filing of the affidavit, and thus secure the dismissal of the case. The law gives the superintendent jurisdic- tion within thirty days, and the state superintendent could not by any rule or regulation annul the statutory pro- visions. It is not even claimed by appellants that the time for taking appeal had expired, and the date of petitions- submitted to the board indicate that it had not expired. In the absence of proof to the contrary, the 138 SCHOOL LAWS OF IOWA. legal presumption is that the proceedings before the county superintendent were entirely regular, and there- fore the jurisdiction of the superintendent must be sustained. The second and third errors assigned by appellants are also based 0:1 (t explanatory notes " instead of upon the law, and cannot be sustained for reasons previously given. While there were things in the management of this case from which we must withhold our commendation, as there seems to have been a substantial compliance with the law, we do not feel justified in dismissing it without an examination of its meri's. The county superintendent gave due notice of the hearing in writing to all the electors of the subdistrict. On the day of hearing several persons appeared, but no " evidence on either side was offered," except the original affidavit of Benjamin Smith. The record of the county superintendent goes on to say : " But to satisfy myself in regard to the number of inhabitants that would be accommodated best by the site remaining where it is at present located by said board," Nelson Bly, James Mc- Bride, and Henry Baker were sworn. " Nelson Bly stated that about thirty families lived in said subdistrict, and that only about one-third would be accommodated by the site remaining where it is at present located by said board. James McBride corroborated the statements made by Nelson Bly." After Henry Baker was sworn " so much confusion and controversy arose " that it was found " almost impossible to preserve order," and tlie* superintendent " proceeded to view the different sites." Among the papers sent up by the district secretary were two petitions to the board, one signed by fifteen persons asking that the site should be located " at or near the corner of Mr. Brook's field;" the other signed bv SCHOOL LAWS OF IOWA. 139 twenty-three persons, asking that the site be " established as near as practicable in the center of the subdistrict." In view of the facts before us we cannot do otherwise than sustain the county superintendent, whose decision is Affirmed. D. FRANKLIN WELLS, Superintendent of Public Instruction. December 16, 18G7. JOSEPH F. EDWARDS et dl V. DISTRICT TOWNSHIP OF WEST POIXT. Appeal from Lee County. 1. Appeal. The right of appeal is not limited to cases of per- sonal grievances. 2. Discretionary Acts. The county superintendent having only appellate jurisdiction, should not reverse discretionary acts of the board, without explicit and clearly stated proof of the abuse of such discretion, even though not fully approving their action. 3. Subdistrict Boundaries : Change of. The acts of a board of directors changing subdistrict boundaries and locating school- houses are so far discretionary that they should be affirmed on appeal, unless it is shown that there has been an abuse of discretion. September 16, 1867, the board of directors of the dis- trict township of West Point, Lee county, transferred one- hundred and twenty acres of land belonging to one Timothy Allen, from subdistrict number one to subdis- trict number three, in the same district township. From this alteration of subdistrict boundaries, Joseph F. Ed- wards tt ah appealed to the county superintendent, by whom the order of the board of directors was reversed, From this decision of the county superintendent, Timothy Allen appeals to the superintendent of public instruction. It is not claimed that the board of directors exceeded their powers in changing boundary lines, or in any re- 140 SCHOOL LAWS OF IOWA. spect violated law. While equality among the several subdistricts, in area, population, and taxable property, is in some respects desirable, it is not required by law, and in fact is impracticable. The claim in the argument of appellees that the action of the board was necessarily wrong, because it had the effect to increase the inequality in some or all of these respects, is not well founded. It is an element which should receive proper consideration, but it will not always exercise a controlling influence. Mr. Nourse, in his argument for appellant, claims that " no right of appeal existed in the plaintiffs who took the case to the county superintendent;" hence the county superintendent was without jurisdiction. He claims that to entitle a person to the right of appeal the grievance must be of a p rsonal character — one that affects the rights or interests of the individual as distinguished from the public. In support of this view he refers to the fol- lowing decisions by our supreme court : Humphrey v. Ball, 4 G. Greene, 204; Mi/er< v. Sim t,s, 4 Iowa, 500; McCune v. Sivajford, 5 Iowa, 552; Li pencott v. Allan 'er, 23 Iowa, 536. In all of these cases it is held that there is no appeal from the county court or the board of supervisors, unless the grievance is of a personal or individual charac- ter as distinguished from the public ; and hence by anal- ogy it is claimed that there is no appeal from the board of school directors unless the grievance is of a like char- acter. If the right of appeal in the two cases w r as derived from the same statute, the decisions cited above would be conclusive. But these decisions are based upon section 267, Revision of 1880, in which the right of appeal is limited to " any matter affecting the rights or interests of individuals as distinguished from the public," etc. ; while appeals to county superintendents are based on section 2133, Revision 1860, which provides that, "any person ag- SCHOOL LAWS OF IOWA. 141 grieved by any decision or order of the district board of directors in matter of law or fact," may appeal, etc. As section 2133 does not limit the right of appeal in cases of personal grievance, the decisions cited have no application in the case nnder consideration. The important point upon which the issue in this case must turn remains to be stated. The meeting at which the change of subdistrict boundaries was made was attended by six of the eight members of the board, and after a full discussion of the proposed change and an ex- amination of plats of the district, the change was made by unanimous vote, and subsequently approved by one of the absent members. The remaining subdirector, who resides in the subdistrict from which the territory was taken, opposes the change. It is not claimed that the law was violated in the change, but only that the educa- tional interests of the district were impaired. The question is not so much one of law as of sound judgment and discretion. The change was approved by seven of the eight members of the board, who reside in different parts of the township, six of whom at least, are absolutely without personal interest in the matter. It is opposed by one whose pecuniary interests are contingently adversely affected. The county superintendent opposes his judgment to the judgment of the board. What, in such a case, is the duty of the ultimate tribunal? The superintendent of public instruction has, as in duty bound, an earnest desire to sustain the acts and de- cisions of county superintendents. The legal presump- tion is always in favor of the correctness of official acts and decisions. While the state superintendent applies this principle to county superintendents, it is equally in- cumbent upon them, to apply it to the decisions or orders of district boards of directors. It not unfrequently hap- 142 SCHOOL LAWS OF IOWA. pens that county superintendents decide appeal cases upon their own judgment and discretion as if they had original, instead of appellate jurisdiction ; and fail to give that consideration to the discretion of district hoards, which the above principle recpiires. The law prescribing the duties of boards of directors is, in some respects, mandatory, requiring that certain specified duties shall be performed in a particular manner. In other cases, the board acts as a local legislature, and its action is discretionary. Among these discretionary powers, though not including all of them, are the estab- lishment and change of subdistrict boundaries and the location of school-houses. It has been doubted by some whether an appeal to the county superintendent, from acts of the board wholly discretionary, would lie. While the right of appeal in such cases is maintained, the real character should not be lost sight of ; and the action of the board within the limits of the law should not be reversed unless it is evident that it acted with passion, prejudice, or manifest injustice. It is a general principle in law that the exercise of discretionary power will not be interfered with unless it is fully apparent that such power has been abused. For further remarks on discre- tionary power and the manner of proving its abuse, refer- ence is made to the case of Dougherty v. Tracy, county superintendent. In changing subdistrict boundaries, and locating school- houses, the law gives the board of directors original juris- diction, and as it is discretionary power the action of the board should be affirmed on appeal, unless it is fully ap- parent by the evidence that the board violated law or abused its discretion . If there is a reasonable doubt the board is entitled to its benefit. The action of the board may not be wholly approved by the judgment of the SCHOOL LAWS OF IOWA. 143 county superintendent, but if it be not illegal or clearly unjust it should be sustained. When, however, county superintendents feel called upon to reverse decisions of school boards, they should give a clear and explicit state- ment of their reasons for so doing, that the superintend- ent of public instruction may be the better enabled to judge of the soundness of their conclusions. These general remarks have been made with a view to guide county superintendents in their decisions, as well as to indicate -ome of the principles which will be observed by the superintendent of public instruction in the adjudi- cation of similar cases. In the particular case under consideration, the board of directors, with unusual unanimity, performed a dis- cretionary act. It is not claimed that this act was illegal or the board was influenced by improper motives. It is not satisfactorily proven that ti:e act was unjust. In our opinion, the evidence does not sustain the county superin- tendent, in annulling the order of the board, and his decision is therefore. Reversed. D. FRANKLIN WELLS, Superintendent of Public Instruction. February 15, 1868. ELIAS SIPPLE V. DISTRICT TOWNSHIP OF LESTER. Ajypeal from Black Hawk County. 1. Subdistrict Boundaries: Change of . At the hearing of an appeal before the county superintendent it is competent for him, upon his own motion, to call additional witnesses to give testimony. 2. Evidence: Parol. Cannot be received in the absence of allegations of fraud, to contradict or impeach the validity of school district records. 3. Uecord. The board of directors may at any time amend 144 SCHOOL LAWS OF IOWA. the record of the district, when necessary to correct mistakes or supply omissions. And may, upon proper showing, be compelled, by mandamus, to make such corrections. At the regular meeting of the board of directors of the district township of Lester, held September 16, 1867, which was attended by four of the seven members of the board, motions were made and seconded for the creation of two new subdistricts whose boundaries were described .n the motions. In regard to the action on these motions, the record of the secretary contains merely the word fi carried." At a special meeting of the board, held Feb- ruary 15, 1868, the action of the board in September in relation to the formation of new subdistricts was " recon. sidered" and " rescinded." From the February action Elias Sipple appealed to the county superintendent. During the progress of the hearing, which took place March 20, 1868, the county superintendent called upon one of the four members of the board that attended the September meeting, who testified that he did not vote for the motion to create a new subdistrict. As it thus ap- peared that the new subdistricts were not established by a vote of a majority of all the members of the board, as required by law ; and as said September action was re- scinded at a full meeting of the board in February, the county superintendent, considering the formation of the subdistricts illegal and void, dismissed the appeal. From this decision Barney Wheeler appeals to the superin- tendent of public instruction. Appellant alleges substantially that the county super- intendent erred as follows: 1. In himself calling a witness to give testimony. 2. In receiving testimony to impeach the district record, which is claimed to be valid and binding after thirty days. SCHOOL LAWS OF IOWA. 145 3. In dismissing the appeal. 4. In not establishing the subdistricts. The law requires the county superintendent to give a "just and equitable " decision, and as the calling of addi- tional witnesses may sometimes enable him to discharge this duty more faithfully, his action in this respect is sustained. The*second error assigned really includes two distinct points, which will be considered separately ; and first, in regard to the impeachment of the district record. The law provides for an annual meeting of the electors of the district jjtownship, and for semi-annual and special meet- ings of the board of directors ; also that " the secretary shall record all the proceedings of the board and district meetings in separate books kept for that purpose." It is a general principle of law that " oral evidence cannot be substituted for any instrument which the law requires to be in writing, such as records, public documents," etc. 1 Greenleafs Evidence, § S6. " It is a well settled rule that, where the law requires the evidence of a transaction to be in writing, oral evidence cannot be substituted for that, so long as the writing exists and can be produced ; and this rule applies as well to the transactions of public bodies and officers as. to those of individuals." The people v. Zeyst, 23 N..Y., 142. In the case of Taylor v. Henry, 2 Pick., 397, the supreme court of Massachusetts held that an omission in the records of a town rneetino- could not be supplied by parol evidence. Chief Justice Shaw, in discussing the case, said that it would be " dangerous to admit such a proof." Mr. Starkie, in his valuable treatise on Evidence, says : " Where written instruments are appointed either by the immediate authority of the law or by the compact of the parties, to be the permanent repositories and testimony of truth, it is a matter both lo 146 SCHOOL LAWS OF IOWA. of principle and of policy to exclude any inferior evidence from being used either as a substitute for such instru- ments or to contradict or alter them ; of principle, because such instruments are, in their own nature and orgin, entitled to a much higher degree of credit than that which appertains to parol evidence ; of policy, because it would be attended with great mischief and inconvenience, if those instruments upon which men's rights depend were liable to be impeached and controverted by loose collateral evidence-" Starkie, part IV, page 995, volume III, 3d Am. Ed. The reason of the rule upon which the courts agree with such entire unanimity applies with force in the case now under consideration. The records of the district and board meetings contain a statement of the regula- tions adopted, and the acts done in the exercise of the powers with which the respective bodies are invested by the law. They present to all the citizens of the district township, in a permanent form, certain and definite in- formation which could be obtained, with equal certainty, in no other way. Memory is defective, but the secretary records the transactions as they occur. The actors change from year to year, but the record is permanent. And though the admission of oral testimonv to alter a record or to supply an omission therein might sometimes promote the attainment of justice, the prevalence of such a prac- tice would result in more evil than good. It is held, there- fore, that in the absence of alleged fraud the county superintendent errs in admitting parol evidence to con- tradict or impeach the record of the September meeting of the board of directors. In regard to the other part of the second point a few words will suffice. The counsel for appellant urges that though the record of the September meeting was imper- SCHOOL LAWS OF IOWA. 147 feet, the lapse of thirty days made the record valid and binding upon the district. It is true that the right to take an appeal to the county superintendent expires after thirty days ; but I am unable to see how the lapse of time will validate what was before invalid. The secretary is the proper custodian of the records of the school dis- trict, and before the record of the proceedings of the board of directors has been approved or adopted by the board the secretary may amend thern by supplying omis- sions, or otherwise correcting them. After they have been approved they may be amended and corrected by direction of the board, even after the lapse or thirty days. In Massachusetts a town clerk is permitted to amend the record in order to supply defects, even after a suit involving a question respecting them has been com- menced. I am of the opinion that if the secretary or board of directors decline to make necessary corrections in the record, that a party interested may proceed by mandamus to compel the correction. If the record is to be imp2ached it must be, in the absence of fraud, by a direct proceeding instituted for that purpose, and not by a collateral or indirect method. The People v. Zeyst, 23 N. Y., 147-8. T e d strict record in thi-s case is not as full as it might with propriety be. The law provides that the boundar < s of subdistricts s'lall not be changed except by tho vote of a majority }oi the members of the board. The record fails to show that this requirement of the law w:s com- ; lied with at the September meeting. The secretary says the motion to redistric " carried." This is his opinion, but he fails to givj the fact upon which it is based. F;;ur of the seven members were present, but he does not say who, or how ma 7 voted for the change. Properly this should have been stated. When, however, the dis- 148 SCHOOL LAWS OF IOWA. trict record declares that a motion was " carried," the law will presume that it was carried in accordance with the requirements of the statute ; though there is reason to believe that the presumption in this instance is a violent one. It follows that there was no legal evidence that the subdistricts were not established in accordance with law ; hence, the conclusion is inevitable that; the county super- intendent erred in dismissing the appeal for the cause assigned. At the commencement of the trial and again during its progress, the defendant moved the county superin- tendent to dismiss the case on account of the insufficiency of the affidavit. The affidavit of Mr. Sipple is not as full as it is usual to make affidavits in such cases, yet it "set forth the errors complained of" with such plainness and conciseness as enabled the county superintendent to obtain the necessary transcripts, and this is all that the law really requires. Kev. 1860, §2135. It has not been customary heretofore to enforce any particular form of affidavit, and the county superintendent's ruling refusing to dismiss on defendant's motion is sustained. As the testimony appears not to have been all in when the case was dismissed by the county superintendent, no opinion can be given in regard to the propriety or neces- sity of establishing the proposed new subdistricts. The case is, therefore, returned to the county superin- tendent, who will proceed with the hearing, first allowing a reasonable time for the correction of the district record or for the enforcement of its correction, should such correction be deemed necessary by either of the interested parties. Should the district record be amended so as to show conclusively that the said subdistricts were not legally formed at the said meeting in September, it will follow that the said subdistricts never had a legal exist- SCHOOL LAWS OF IOWA. 149 ence, and that the plaintiff could not be aggrieved by the action of the February meeting, hence the county super- intendent will determine the case in favor of the appellee. Should said record not be amended, or should it be amended so as to show clearly that said subdistricts were established in all respects in conformity with law, the question of establishing the new subdistricts. or more properly retaining their organization, will be determined upon its merits. Reversed. D. FRANKLIN WELLS, Superintendent of Public Instruction. July 23, 1868. SYLVESTER GULLET V. DISTRICT TOWNSHIP OF HILTON. Appeal from Ioiva County. Contracts. The terms of a contract may be changed by agreement of the contracting parties. If either party seeks to evade or change its terms, without the consent and to the preju- dice of the other, the remedy is a suit at law. At a meeting of the board of directors held November 7, 18 72, a resolution was adopted, fixing the rates to be paid to teachers upon contracts made by the subdirectors for the winter term, at thirty dollars per month for teachers holding first-class certificates, and at twenty-eight dollars per month for teachers holding second-class certifi- cates. It appears that under this order several of the subdirectors entere 1 into contracts with teachers. At a meeting of the board held December 28, 1872, they re- scinded their former action, and adopted an order making thirty dollars and thirty-five dollars the respective rates to be paid ; from this order appeal was taken to the county superintendent, who affirmed the action of the 150 SCHOOL LAWS OF IOWA. board, and Sylvester Gullet appeals to the superintendent of public instruction. There is no allegation of prejudice or fraud nor does it appear from the transcript that the board were influ- enced by any improper motive; the only questions pre- sented are : First, HlI the board authority to adopt a resolution changing the terms of contracts already made? If so, Second, Did they, in fixing the rates adopted at the meeting last held, exceed their authority, abuse their discretionary power, or act with manifest injustice? As regards the first question, the board have, through the subdirector, exclusive jurisdiction in contracting with teachers and determining the prices to be paid ; the orig- inal contracting parties have an undoubted right to change the terms of a contract by mutual agreement. If either party seeks to evade or change its terms, without the con- sent and to the prejudice of the other, the remedy is a suit at law. In fixing the rates to be paid at thirty dollars and thirty-five dollars, it is believed that the board in no manner exceeded their authority, abused their discretion- ary power, or acted with injustice. The decision of the county superintendent is therefore Affirmed. ALONZO ABERNETHY, Superintendent of Public Instruction. May 21, 1873. J. D. CALDWELL V. STEPHEN PEEBLES, COUNTY SUPERIN- TENDENT. Appeal from Mills County- 1. Revocation of Teacher's Certificate. A teacher's certifi- cate can be legally revoked only upon proof of charges of which he has had personal notice, and against which he has had the opportunity to make his defense. SCHOOL LAWS OF IOWA. 151 2. . A person addicted to the use of intoxicating liquors who even occasionally becomes intoxicated is not likely to pro- mote correct moral teaching in the public schools by his example, nor to possess such moral character as to entitle him to a teacher's certificate. Complaint having been made to the county superin- tendent that J. D. Caldwell, a teacher, was ,addicted to the use of intoxicating liquors, an examination of the charges was made May 10, 1873, as provided by law, the result of which was the revocation of Mr. Caldwell's cer- tificate. Mr. Caldwell appeals to the superintendent of public instruction. We need not comment upon the testimony in the trial, since the county superintendent admits that the specifica- tions contained in the complaint were not sustained. Facts, however, were developed incidentally, in the ex- amination of witnesses, apart from the direct issues involved, to satisfy the county superintendent that the defendant does not possess a good moral character, and we are not sure but his conclusions are properly deduci- ble from the evidence. The law, however, providing for the revocaf on of cer- tificates, requires that it shall only be "after an investiga- tion of facts in the case, of which investigation the teacher shall have personal notice, and he shall be per- mitted to be present and make his defense." In this instance, certain charges were preferred in an information, of which the teacher had due notice, and, as it appears, successfully defended himself against, the charges made, and there rested his case. It is, perhaps doubtful if the superintendent has the authority to revoke a certificate upon evidence incident- ally developed in the trial, however ^damaging in its nature, the substance of which was not contained in the 152 SCHOOL LAWS OF IOWA. original notice, and against which no defense was attempted. We fully agree with the superintendent that a person addicted to the use of intoxicating liquors, who even occasionally becomes intoxicated, and who is in the habit of visiting disreputable beer saloons, does not possess that degree of moral character to entitle him to a teach- er's certificate under our statute. We cannot too highly commend the efforts of county superintendents to pro- mote correct moral teaching in the public schools through the example of the ;eacher. Disqualifications of this nature should be fully proven, and in the manner prescribed by law ; and we reluctantly set aside this decision, believing that the superintendent was actuated by worthy mo'ives, and did the act olely with a view to promote the good of the schools, and in the conscientious discharge of a public duty. Reversed. ALONZO ABERNETHY, Superintendent of Public Instruction. May 31, 1873. SANFORD HARWOOD V. INDEPENDENT DISTRICT OF CHARLES CITY. Appeal from Floyd County. 1. Punishment; Right to inflict upon pupils. The right of the parent to restrain and coerce obedience in children applies equally to the teacher, or to any one who acts in loco parentis. 2. Rules and Regulations. Boards of directors and their agents, the teachers, may establish reasonable rules for the govern- ment of schools and the control of pupils. 3. . The teacher has the right to require a pupil to answer questions which tend to elicit facts concerning his conduct in school. 4. . The pupil is answerable for acts which tend to produce merriment in the school or to degrade the teacher. SCHOOL LAWS OF IOWA. 153 5. . Open violation of the rules of the school cannot be shielded from investigation under the plea that it invades the rights of conscience. 6. Board of Directors. The board should be sustained in all legitimate and reasonable measures to maintain order and discipline, to uphold the rightful authority of the teacher, and to prevent or suppress insubordination in the school. This case involves the right of a teacher to require a pupil to answer questions concerning his conduct in school, or to testify against himself. Burritt Harwood, a member of the high school depart- ment, having broken certain rules of the school, was suspended by the superintendent for refusing to answer a question relating thereto. The pupil's father petitioned the board of directors to restore the pupil. The board having investigated the facts adopted the following : "Resolved, That the school board sustain Prof. Shepard in his suspension of Burritt Harwood, provided, Burritt Harwood be reinstated if he answer the question, for the refusal to answer which he was suspended, subject to such further action as may be taken by the principal or school board for making and circulating the caricature." The president and four other members voting for, and one against the resolution. From this action of the board, S. Harwood appealed to the county superintendent, who reversed their action. The board, through their president, appeal to the superintendent of public instruction. The power of the parent to restrain and coerce obedience in children cannot be doubtecl, and it has seldom or never been denied. This principle applies equally to the teacher or to any one who acts in loco parentis. Boards of direct- ors and their agents, the teachers, may establish all reasonable and proper rules for the government of schools^ and to control the conduct of pupils attending the same. "Any rule of the school not subversive of the rights of 154 SCHOOL LAWS OF IOWA. the children or parents, or in conflict with humanity and the precepts of divine law, which tends to advance the object of the law in establishing public schools, must be considered reasonable and proper." Burdick v. Babcock, 31 Iowa, 562. The superintendent had occasion to leave the high school in charge of his assistant while he should attend to official duties elsewhere. On his return about 4. p. m., the assistant reported that there had been much disorder on the part of some of the pupils, and that she had required several of the pupils to remain and report their misdemeanors to the superintendent. Burritt Harwood being called upon, said, in substance, I have two misde- meanors to report : I threw snow into the lower hall dur- ing recess, and I passed a piece of paper across the aisle to my brother's desk. Both are recognized as violations of the rules of the school. The nature and magnitude of the first are readily discernible and need no further investigation ; not so of the second, much depends upon the character of the " piece of paper " whether simply blank paper, or containing writing or other marks ; being- asked to state the nature of the paper, he at first answered evasively. Being further questioned, he replied that it was '* pictorial" ; that it was a " burlesque or caricature," that "it represented the school-house and some person or persons," that "the person or persons represented were connected with the school." The further question " whom he had intended to burlesque," after some hesitation, he declined to answer. For this act of disobedience he was suspended. The question which he refused to answer appears to differ in no essential feature from those previously answered. By it the teacher simply sought to discover an additional fact in connection with the case. If he had SCHOOL LAWS OF IOWA. 155 a right to ask the former he had the latter. If there is any reason why the pupil had the right or should claim the privilege of declining to answer the last, he should have stated it. Certainly no good reason appears from the nature of the offense, and the degree of punishment which it merited depended upon the information which the teacher sought to obtain by this and the previous question. If the paper contained simply the solution of a problem or something connected with his lesson, it merited one degree of punishment ; if its purpose was to create merriment among the pupils, thus diverting their attention from their studies, it required another degree ; if, by it, the pupil sought to bring ridicule upon a teacher, to the prejudice of the good order and government of the school, still another : each would be a violation of rules, but not each equally punishable. The claim of appellee that it was an attempt to pry into the secrets of the heart, and was a violation of the right of conscience, is scarcely sustained by the facts. The question " whom did you intend to represent," is essentially equivalent to " whom did you represent." Its purpose evidently was not to find out the thought or intent, but the act of the pupil. The question was simply, what was the character of the picture drawn and circulated to the disturbance of the school. It does not appear how the rights of con- science would be violated in answering the question. It may be true that the picture itself if produced, would furnish the best evidence, but the teacher clearly had the right, in its absence, and knowing nothing of its nature beyond what the pupil had already revealed, to seek this information directly and immediately by pro, er questions. Nor can the pupil shield himself under the provision of the law that a prisoner at the bar cannot be compelled to answer questions which will tend to render him criminally 156 SCHOOL LAWS OF IOWA. liable or expose him to public ignominy. He is, in no proper sense accused of crime before a court of law, author- ized to sit in judgment under a criminal code. The picture, which was afterwards produced, reveals anything but a right spirit in the pupil. Probably no one who has seen it doubts that it is a coarse caricature of the superintendent and his assistant. His refusal to answer was evidently not that he could not conscientiously do so, nor that it would tend to criminate himself, but was a deliberate act of insubordination. All the attendant cir- cumstances, the evasive and studied replies to the super- intendent's questions, the caricature itself, and its circula- tion through the school during the absence of the super- intendent, together with a previous malicious caricature of the same nature, all reveal a disregard for the regula- tions of the school, the respectful conduct due from a pupil and an animus toward the teacher anything but proper. In our opinion unnecessary stress was laid, in the trial before the superintendent, upon the technical ground cf suspension by the superintendent. The board having had the whole subject under investigation, including statements of the offenses from both the superintendent and the pupil, sustained the superintendent, or in other words, suspended the pupil conditionally from the school, as they probably had a right to do for any one of the offenses named. This being a discretionary act, due weight must be given to such action by an appellate tri- bunal, especially should the board be sustained in all legitimate and reasonable measures to maintain order and discipline, to uphold the rightful authority of the teacher, and to prevent or suppress insubordination in the school. Reversed. ALONZO ABERNETH1 , Superintendent of Public Instruction. June 8, 1874. SCHOOL LAWS OF IOWA. 157 JOHN S. DAVID V. INDEPENDENT DISTRICT OF BURLING- TON. Appeal from Des Moines County. 1. School. Every person between the ages of five and twenty- one years has the right to attend school in the district in which he resides, regardless of considerations relating to race, national- ity, the holding of property, or the payment of taxes. 2. . The payment of school taxes does not entitle non- residents to school privileges. 3. — . The board have authority to determine when, and upon what terms, non-resident pupils may attend the schools of their district. This appeal is brought to compel the board of directors of the independent district of Burlington to admit] into the public schools of said district appellant's children, without payment of tuition, on the ground that he is a large tax-payer in the district ; the county superintendent having affirmed the action of the board in refusing to admit them. The appellant resides about a mile beyond the limits of the independent district of Burlington, and near the school in his own district ; but he claims that this school is not of suitable grade for his children. The law requires the board of directors to provide school facilities for all the children in their own district, and contemplates that they shall, in all cases, determine whether children who are not residents, shall be permitted to attend the schools thereof, and upon what terms Sec- tion 1793. It is claimed by the appellant that his children are en- titled to attend school in the independent district of Bur- lington without the payment of tuition, for the reason that he owns property in said independent district, and pays taxes thereon ; and if the payment of taxes could 158 SCHOOL LAWS OF IOWA. ever entitle a person to such privileges, it doubtless would in this case, as he introduces the certificate of the county auditor to show that his school taxes for 1874 were $406.08. There is, however, no provision of law upon which to base such claim ; nor would such provision well accord with the spirit of our laws relating to public schools. These laws are founded upon the broad princi- ple that every person in the state between the ages of five and twenty -one years, is entitled to the privilege of at- tending the public schools. This principle is wholly unencumbered by any consid- erations relating to race, nationality, the holding of property, or the payment of taxes. To prevent confusion and the over-crowding of particu- lar schools, it is necessary to point out what school each pupil has the right to attend. A more equitable rule could not have been devised, than that which prescribes that the pupil may attend school in the district in which he resides. The simplicity and equity of this rule are apparent. Every person has one place of residence, and no more ; the place of residence is generally determined without difficulty, and is not usually abandoned for trivial causes. To introduce any conditions into the laws dependent upon property considerations, would be to outrage the fundamental principles of our free school system. To further promote the convenience of the people, and to give elasticity to the rule, the board of directors may, when circumstances require, permit non-resident pupils to attend the schools of their district. Affirmed. ALONZO ABERNETHY. Superintendent of Public Instruction. February 20, 1875. SCHOOL LAWS OF IOWA. 159 MARY M. THOMPSON V. DISTRICT TOWNSHIP OF JASPER. Appeal from Adams County. 1. Teacher. When a teacher is dismissed, in violation of his contract, an action in the courts of law, on the contract, will afford him a speedy and adequate remedy ; when discharged for incompetency, dereliction of duty, or other cause affecting his qualifications as a teacher, he has the right of appeal. 2. . The teacher is entitled to the counsel and co-opera- tion of the subcMivctor and board in all matters pertaining to the conduct and welfare of the school. The board of directors discharged Miss Mary M. Thompson for dereliction of duty as a teacher in one of the public schools of the district. She appealed to the county superintendent, who reversed their decision; from this ac ion, the board, through their president, John McDevon, appealed to the superintendent of public in- struction. At the hearing before the county superintendent, he board filed a motion to dismiss the case, for want of jurisdiction, insisting that the teacher, having beeu dis- missed in accordance with the provisions of section 1734, Code, her proper remedy was an action at law for damages. When a teacher is dismissed, in violation of his con- tract, an action in the courts of law, on the contract, will afford him a speedy and adequate remedy ; when dis- charged for incompetency, derelection of duty, or other cause affecting his qualifications as a teacher, he has the right of appeal to the county superintendent, who is the proper officer to review questions of this character, and to determine whether the board have in the exercise of their authority violated the law or abused their discre- tionary power. Questions concerning the validity of contracts, the right to recover for services performed, and 160 SCHOOL LAWS OF IOWA. the interpretation of law, belong especially to judicial tribunals. Questions concerning the character and qual- ifications of the teacher, and his management of the school, are, by appeal, within the jurisdiction of the county superintendent. The motion to dismiss was properly overruled The charges of dereliction were, want of promptness in commencing school in the morning, and an occasional refusal to hear the recitation of one or* more of her pupils. For this dereliction there appear to have been some extenuating circumstances. Under the contract, it was the subdirector's duty to have the fires built. The boy employed to do this work often failed to have the school-house in comfortable condition at nine o'clock ; the teacher usually made up lost time by teaching after four o'clock, and there is no evidence that the subdirector or board ever advised her with regard to the performance of her duties. The board convened at the school-house without previous notice to the teacher, and after taking the testimony of some of her pupils, unanimously voted to discharge her. Affirmed. ALONZO ABERNETHY, Superintendent of Public Instruction. May 8, 1876. M. M. CROOKSHANK V. DISTRICT TOWNSHIP OF MAINE. Appeal from Linn County. 1. Appeal: When an adequate remedy. From th?. exercise of ordinary discretion in the performance of an official duty, en- joined by law upon the board, appeal may be taken to the county superintendent; but from a refusal to act, or from an action thereon clearly designed to defeat the purpose of the law, an ap- plication to the courts of law to compel the performance of the enjoined duty will afford the most speedy, and in some cases the only, adequate remedy. SCHOOL LAWS OF IOWA. 161 2. Independent Districts : Formation of. The opportunity to vote upon the question of forming independent districts from the subdistricts of a district township ceased July 4, 1876, by the taking effect of chapter 155, laws of 1876. A petition purporting to be signed by one-third of the legal voters of the district township of Maine was pre- sented to the board March 20, 1876, asking that a meet- ing of the electors be called to vote upon the question of independent organizations. The board ordered that the meeting be held on the day for the next presidential election. On appeal this action was reversed as not being in compliance with the law, and designed to defeat the purpose for which it was in- tended, and the board was ordered to call the meeting in time to permit the formation of independent districts if so determined by vote of the electors. H. 0. Bishop appeals to the superintendent of public instruction. The action of the board in deferring the vote to deter- mine the question of independent district organizations until the November election, was evidently fcr the pur- pose of defeating th measure, since by the provisions of section 1804, Code, the organization of such independent districts shall be completed on or before the first day of August of the year in which said organization is attempted. From the exercise of ordinary discretion in the per- formance of an official duty enjoined by law upon the board appeal may be taken to the county superintendent ; but from a refusal to act or from an action thereon clearly desig ed to defeat the purpose of the law, an ap- plication to the courts of law to compel the performance of the enjoined duty will afford the most speedy and in some cases the only adequate remedy. The examination of the issues involved in the case can ii 162 SCHOOL LAWS OF IOWA. be of no avail since the opportunity to vote upon the question of independent district organizations no longer exists, the law authorizing the formation of such districts having been repealed to take effect July 4, 1876. Chap- ter 155, laws of the sixteenth general assembly. The decision of the county superintendent is, therefore, reversed and the case dismissed. Reversed. ALONZO ABERNBTHY, Superintendent of Public Instruction. July 31, 1876. W. C. MCNEAL V. J. W. CARY, COUNTY SUPERINTENDENT. Appeal from Appanoose County. 1. Revocation of Certificate : Effect of. Conditions made in the revocation of a certificate must be within the jurisdiction of the county superintendent, and must apply to the whole county. 2. New Trial. A new trial for the revocation of a certificate must be proceeded with as if no trial had been held. In this case charges of immorality were preferred against the appellant. The county superintendent, after a legal investigation, ordered as follows : " That W. C. McNeal has acted imprudently, unwisely, and in excitement, immorally ; that he shall cease to teach in said district, (district number six, Walnut township) ; that in compliance with the above his certificate is not revoked." "Otherwise, otherwise." On the 20th of January, having learned that the appellant had not ceased teaching, this additional order was made by the county superintendent : " Whereas, upon due notice of the above decision, W. C. McNeal has not ceased to teach in the school district specified, now, therefore, in pursuance of the provisions of section 1771, of the school law of the state of Iowa the said certificate is hereby revoked." SCHOOL LAWS OF IOWA. 163 From this action of the county superintendent, Mr. McNeal appeals to the superintendent of public in- struction. While the power of the county superintendent to revoke a certificate is undoubted, the exercise of this power must be in strict accordance with the provisions of law. A revocation may be based upon general conditions, especially where the moral character of the party is in question ; but the effect of those conditions must be co-extensive with the county wherein such certificate is given, and must be within the jurisdiction of the county superintendent. The conditional revocation of the 12th of January was based upon a condition not within the jurisdiction of the county superintendent, and only local in its application- The power to remove a teacher from his position is vested in the board of directors, under section 1734. Hence the additional order of January 20, which was based upon the same condition, is not legal. To test the merits of the case, and to give the county superintendent an opportunity for remedying the defect of his first order, the case is remanded before him for a rehearing, and the former decision, because not in con- formity with the provisions of law, is Eeversed. C. W. von COELLN, Superintendent of Public Instruction. March 20, 1877. WM. DONALD V. DISTRICT TOWNSHIP OF SOUTH FORK. Appeal from Wayne County. 1*. Salary of Teachers. The salary of teachers should be in proportion to their ability and responsibility, and not equal when these circumstances differ materially : 164 SCHOOL LAWS OF IOWA. 2. Control of Salaries. The control of salaries is wholly within the power of the board and cannot be determined by an appeal, because it is not within the jurisdiction of county or state superintendent to order the payment of money. On the 18th day of March, 1878, the board of directors of the district township of South Fork made an order fix- ing the salaries of teachers in the township for the sum- mer schools at the uniform price of twenty dollars per month. From this action Wm, Donald appealed to the county superintendent, who affirmed the ach'on of the board. From his decision Win. Donald appeals to the superintendent of public instruction. It is alleged by the appellant that the county superin- tendent erred in deciding that the board did not violate law in voting that the same amount of salary should be paid to the teacher in each subdistrict. It is claimed that the board should have provided for a higher salary in some schools of the township. The difficulty with appellant's counsel is that he believes the note to be a part of the law. My predecessor gave his own views of the employment of teachers and I most fully agree with him in his view. The law leaves the whole matter to the directors and presumes that they will deal equitably. Unfortunately, selfishness is a nearly universal charac- teristic of human kind, and too often the majority, repre- senting weak districts, weak both in numbers and in property, demands an equal distribution of the money on hand for teachers' pay. The law organizing the rural independent districts, passed in 1872, arose from the feeling that this selfishness was working injustice to little towns and wealthy and populous subdistricts. The creation of these independent districts works an injustice to the weaker districts, for it SCHOOL LAWS OF IOWA. 16o is proper and desirable that the wealthier districts should aid their v eaker neighbors to sustain fair schools. With regard to this case, we do not see wherein the board violated law. The idea of prejudice is slightly ap- parent from the testimony, but not sufficiently to reverse the action of the board. That equity has not been observed seems very evident, for it must be presumed that a larger school population requires a better teacher ; and if a better and more ex. perienced teacher is needed, a better salary ought to be paid. There are other considerations. Generally the expense of living is greater in the town than in the country ; the probability is that a larger tax is pail by the town than by the country. We are not able at this distance to determine whether twenty dollars is a sufficient compensation or the teacher of subdistrict number four of South Fork ; but if twenty dollars is only sufficient compensation for the country subdistricts, it is our belief that a higher compensation should be given for the teacher in the town. It is out of our jurisdiction to give advice to the board of directors, what to do in this case, after determining that we have ;;0 power to reverse their action ; but we suggest that equity would be served if they should pay the five dollars per month assumed by Mr. Anderson. After giving our views thus in full, we must agree with the county superintendent, and therefore the decision of the county superintendent is Affirmed. C. W. von COELLN, Superintendent of Public Instruction. June 29, 1878. 166 SCHOOL LAWS OF IOWA. JOSEPH HEATON VS. I. W. GARD. Appeal from Ringgold County. Evidence. In the trial for revocation of certificate testimony may be introduced to establish the general character and disposi- tion of the teacher. Joseph Heaton prefers charges before the county superintendent of Ringgold county against I. W. Gard, a teacher employed in one of the schools of said county. The object of said charges was the revocation of a certifi- cate granted by said county superintendent to said Gard. W. J. Work, county superintendent of said county, after due examination and trial revoked the certificate, and I. W. Gard brings an appeal to the superintendent of public instruction. The evidence shows that under provocation Gard struck the son of Mr. Heaton, the plaintiff, with a large hickory rod, in such a manner as to lame him. There is also introduced in evidence the record of dismission of said Gard from a school in Union county for unbecoming- conduct, showing a tendency to great violence and the attempted use of dangerous weapons. This evidence was objected to, but the objection was overruled. We think the county superintendent properly admitted the evidence, since the law says (section 17 ?1) that a county superintendent may revoke a certificate for the same reasons for which he would have withheld the same. If the county superintendent had been in possession of said records when the examination of Mr. Gard took place he properly might have withheld the certificate, because he might have feared that Mr. Gard was not a proper person to administer discipline. That the manner of administering discipline in the case under considera- SCHOOL LAWS OF IOWA. 167 tion was unwarranted is clearly shown, unless we admit the unproven statement that the scholar attempted to use a knife. We cannot discover any unfairness, much less a show- ing of malice or prejudice, on the part of the county superintendent in giving his decision, and therefore his decision is hereby Affirmed. C. W. von COELLN, Superintendent of Public Instruction. April 22, 1879. VAN VLEET & WHETSTONE VS. M. H. FRAME. Appeal from Lee County. 1. Evidence. Must be conclusive to warrant the revocation of a certificate, upon charges made against the moral character of a teacher. 2. Evidence. In relation to improprieties said to have been committed several years previous to the trial before superintend- ent, is entitled to little or no consideration. 3. Charges. Must be fully and clearly sustained. On the 24th of December, 1880, a petition was pre- sented to the county superintendent of the above named county by Mr. Van Vleet and Mr. Whetstone, asking said superintendent to revoke the certificate of Mr. Frame, a teacher in said county. On trial the county superintendent refused to revoke certificate of Mr. Frame, and the petitioners appealed to the superintendent of public instruction, who, on the trial of the case remanded the case for a new trial, in order that certain testimony ruled out on the former trial might be admitted. After several postponements the case was heard on the 2d of November, and on the 7th of November the county superintendent rendered his decision revoking the certifi- 168 SCHOOL LAWS OF IOWA. cate of Mr. Frame, on the ground that he did not possess a good moral character. From this decision Mr. Frame appeals to the superintendent of public instruction. The petitioners charge : 1. That Mr. Frame does not possess a good moral character. 2. That he does not possess the essential qualifications for governing and instructing youth. 3. That he. has been guilty of gross immorality and undue familiarity with children under his charge. 4 That he has shown partiality, and has neglected properly to teach the branches required. The first charge is quite general in its application, and whether or not it has been sustained can be determined only by a careful consideration of all the testimony in the case. The petitioners evidently relied upon this charge and the other charges were designed to strengthen the case. By an examination of the testimony relating to the other charges we shall be better able to determine whether the county superintendent erred in revoking Mr. Frame's certificate upon the ground that the charge of a lack of moral character was sustained. Relating to the charge of incompetency there is no evi- dence going to show that Mr. Frame is lacking in schol- arship, or ability to govern and instruct his pupils in an efficient and proper manner, except the testimony of some witnesses which relates rather to the charge of partiality. On the contrary there is a large amount of evidence going to show that Mr. Frame is a good and successful teacher. The next charge will be considered under two divisions — first, gross immorality and second, undue familiarity with children under his charge. As sustaining the first, SCHOOL LAWS OF IOWA. 169 the testimony of Amelia Hancock was offered. It is shown that the facts testified to by this witness occurred between three and four years ago. Such evidence is entitled to little weight, since it is the presumption of law that within the time intervening a reformation may have occurred. In regard to the second part of this charge, the testi- mony is somewhat conflicting ; but the evidence sustaining such charge was confined to the testimony of young children, as opposed to the testimony of several persons of maturer years. The last charge is that of partiality, and a neglect to teach properly the branches required. In our judgment this charge was not sustained, and since the county superin- tendent did not base his decision upon this charge, we deem it unnecessary to review the testimony relating to it. It appears from the testimony, that Mr. Frame has at times lost sight of that dignity and bearing which should characterize a man in his position ; that he mav have erred in permitting his pupils to engage in amusements — which, to say the least, were not calculated to elevate or improve them. But after a careful and somewhat protracted study of all conflicting testimony in the case, it does not appear that he is of immoral character. While we do not believe that prejudice, or intentional abuse of discretion on the part of the county superin- tendent, entered into his final decision, we are compelled to hold that the evidence does not sustain him in revok- ing the certificate, and his decision is therefore Reversed. J. W. AKEKS, Superintendent of Public Instruction. Des Moines, Iowa, January 20th, 1882. 170 SCHOOL LAWS OF IOWA. MARY E. POTTER VS. A. H. STERRETT, COUNTY SUPERIN- TENDENT. Appeal from Tama County. Evidence. Having any bearing upon the case, even though remote, should be admitted on trial before the county superin- tendent for the revocation of a teacher's certificate. On the 15th of September, 1881, the county superin- tendent refused a certificate to Miss Potter, on the ground that said county superintendent was not satisfied that the applicant possessed the essential qualifications for govern- ing and instructing children and youth. On the first day of October, Miss Potter applied to the county superintendent for a re-hearing ; such re-hearing was held on the 4th of November and not being com- pleted at that time the hearing was continued to the 8th of November. On the 7th of November the county superintendent made out and mailed to Miss Potter a certificate of the usual form, except that the words " aptness to teach and ability to govern " were stricken out. This certificate was refused and returned to the county superintendent. On the further hearing of the case the county superintendent on the 8th of November re-affirmed his former decision of September 15th, refused Miss Potter a certificate and dismissed the case. From this decision Miss Potter appeals to the superin- tendent of public instruction. It is urged by appellant in her affidavit, that the county superintendent closed the hearing of the case on the 8th of November, without affording appellant's counsel the opportunity asked for by them to offer testi- mony showing prejudice on the part of the county super- intendent against the appellant. We find evidence of the SCHOOL LAWS OF IOWA. 171 fact that testimony offered was excluded in the transcript and we regard it very unfortunate that the county super- intendent did not allow all testimony offered to be received. Any testimony he believed to be incompetent might have been ruled out by him, and exceptions taken by counsel to his rulings, the testimony in question would then become a part of the transcript of the case, and this tribunal could decide whether the county superintendent erred in ruling it out. Our oaly course under the circumstances is to remand the case to the county superintendent with instructions to rehear the case for the purpose of allowing the testimony offered at the former trial to be introduced. Reversed and Remanded. J. W. AKERS, Superintendent of Public Instruction. Des Moines, Iowa, January 25, 1882. HIRAM BLAKE V. DISTRICT TOWNSHIP OF MASSENA. Appeal from Cass County. • 1. School Privileges. Residence of the child determines. 2. . All persons under the age of tw-enty-one years, entitled to attend school, whether married or single. 3. County Superintendent. Must try the case upon the basis of facts as they existed at the time the board took action. 4. Taxes. A tax voted by the electors for the building of a school-house must be so expended by the board. On the 23d day of September, 1882, at an adjourned meeting of the board of directors of said district town- ship, an order was made refusing to re-district the said township in accordance with the request and desire of some of the electors. From this order of the board Hiram Blake appealed 172 SCHOOL LAWS OF IOWA. to the county superintendent, who reversed the action of the board and created a new subdistrict composed of sec. tious 15, 16, 21 and 22. W. H Kreamer, president of the board appeals to the superintendent of public instruction. By agreement of all parties no written argument ac- companies the transcript of proceedings before the county superintendent. Appellant assigns error on the part of the county superintendent as follows : 1. That in the determination of said proceeding, adverse to said board of directors, the county superintendent erred in ordering the creation of a new subdistrict. 2. That said superintendent erred in creating a sub- district for less than fifteen pupils. 3-4. That he erred in admitting as resident pupils of the district prayed for, certain pupils residing temporarily therein, at the time of action taken by the board, but who were not in the proposed subdistrict at the time of hearing before the county superintendent. 5. That said county superintendent erred in admit- ting the names of persons under twenty-one years of age ; but who were married and were mothers of families. 6. That the county superintendent erred in determin. ing from the whole testimony that a new district was necessary. — 1. The first assignment is identical with the last, and will be noticed in conclusion. — 2. Was the new district created for the accommoda- tion of less than fifteen pupils? Appellant admits in his fourth assignment that the re- quired number of pupils were residing in the proposed new district at the time of action taken by the board ; but says that some of them were residing temporarily in SCHOOL LAWS OF IOWA. 173 the district, whose parents reside out of the territory in ques- tion. The pupils whose residence is disputed, were young men working by the month for resident free-holders of the district. Were they properly enumerated asresident'pupils? The law specifies that the residence of the child, or youth, governs and not that of his parents. If young men leave their homes to work for others the time for which they may remain is often indeterminable, and in many cases they remain through the winters to attend school. The law is to be constructed in their in- terests, and it has always been held that they may attend school in the district where they are for the time living and working — free of tuition. Such children and youth, are as a rule, and there are probably few exceptions, enumerated as residents of the districts in which they are for the time being employed, and such district receives on account of them an in- creased share of the semi-annual apportionment. This clearly establishes their residence. 3-4. These points have been answered in the forego- ing remarks. 5. The law provides that persons between the ages of five and twenty-one, shall be enumerated as of lawful school age, and are therefore entitled to attend school if they desire. No distinction is made between the married or unmarried. In the present instance the married per- son under twenty-one years of age was properly enumer- ated. It is therefore held that at the time of action by the board the proposed new district had the required number of resident pupils. This being the case what bearing should the fact, that, at the time of hearing before the county superintendent there was less than the required number of pupils, in the proposed district, have upon his decision. 174 SCHOOL LAWS OF IOWA. "We think none at all. He is to determine — not, what should be done now — but what should the board have done in view of the facts existing at the time of action complained of. 6. Did the county superintendent commit error in establishing the new district? The center of the new district is also the center of the district township. At their regular meeting in March, 1881, the electors voted a tax of $700 upon the district township, to build a new school-house at or near the center of the township. This money was subsequently divided up and trans- ferred to the contingent and teachers' fund, by the said board of directors. We have seldom met with a more flagrant violation of the plain provisions of law on the part of a district town- ship board. Section 1723 and Note "A," school-laws of 1880, provides that a tax voted by the electors for the purpose of building a school-house must be so used, and it is the imperative duty of the board to proceed at once to carry out by contract, the expressed will of the people. It appears from this action of the people that a school was needed at this point, and inasmuch as the order of the county superintendent secures what the board failed to provide, a central school, it is highly probable that the new district is consistent with the wishes and interests of the people. It is therefore held that in refusing to create the new district the board- erred and the decision of the county superintendent is therefore Affirmed. J. W. AKERS, Superintendent of Public Instruction. Des Moines, Iowa, March 21, 1883. PART IV. DIGEST OF ATTORNEY-GENERAL'S OPINIONS. CHANGE OF BOUNDARIES, OR DIVISION OF TOWNSHIP INTO SUBDISTRICTS. 1. Changes must be made at special meeting, called for that purpose by a written notice, served on or sent to each member. 2. A division made by full board without such notice would be erroneous, but still not void, and can be corrected afterward. 3. A subdirector elected for such subdistrict would be a legally appointed officer. — Bissell, May 16, 1866. MANDAMUS, APPEAL, TAX. 1. A board of directors neglecting or refusing to perform a duty required by law may be compelled thereto by mandamus — not by appeal to county superintendent. 2. When the board act, but act erroneously, an appeal to the county superintendent is the proper remedy. 3. A tax levied before the division of a district by such division becomes void. — Bissell, July 19, 1866. REFUSING A TEACHER'S CERTIFICATE. 1. Appeal may be taken from the act of a county superintend- ent refusing or revoking a teacher's certificate. 2. The county superintendent should be sustained by the superintendent of public instruction, except in clear cases of passion, prejudice, or violation of duty. — Bissell, March 16, 1867. REDISTRICTING APPEAL. 1. An appeal may be taken from the act of a board refusing to redistrict a township. 2. On such appeal the county superintendent can redistrict. 175 176 SCHOOL LAWS OF IOWA. CENSUS OF CHILDREN AT ORPHANS' HOME. Children at the Orphans' Home should, for school purposes, be enumerated in the district in which they reside at the time. — O'Connor, July 27, 1867. TEACHERS' CERTIFICATES. The endorsement in one county of a teacher's certificate issued in another county is not a compliance with the law. There should be another examination. — O'Connor, July 29, 1867. DISTRICT AFFECTED BY TRANSFER OF TERRITORY. The district affected or referred to in Section 1797 ^School Law, 1866) is the district from which territory and school population are taken, and whose board must give their consent The other is not affected in any sense contemplated by law. — O'Connor, .November 15, 1867. SCHOOL FUND. The law does not authorize the loaning of the permanent school fund to school districts, nor could such district give the required legal security.— O'Connor, December 16, 1867. RIGHT OF AN ALIEN TO HOLD THE OFFICE OF COUNTY SUPERINTENDENT, AND RECEIVE PAY THEREFOR. An alien can not hold the office of county superintendent, or any other office for which he is not qualified to vote. Having served in the office, he may reeeive from the supervisors pay as a gratuity, but cannot demand it as a right. The board of supervisors in such case should declare the office vacant, and elect a successor. — O'Connor, February 28, 1868. NEITHER THE ELECTORS NOR THE BOARD OF A DISTRICT TOWNSHIP CAN ISSUE EVIDENCE G*? INDEBTEDNESS. There is no law authorizing either the electors or board of a district township to issue bonds for any purpose, or to fix rate of interest. For debts or liabilities incurred, the president may draw an order for the amount, to be countersigned by the secretary, which, if not paid on presentation, will thereafter draw interest SCHOOL LAWS OF IOWA. 177 at six per cent. If bonds are issued they are not legal, and are not binding, except to make the person or agent drawing them personally liable. Boards can only draw orders for debts already contracted. — O'Connor, March 18, 1868. USE OF THE LORD'S PRAYER IN SCHOOL. Boards have no power to direct or prohibit the Lord's Prayer in school. Teachers may, on their own motion, repeat the Lord's Prayer; but, while they can enjoin silence, thny can not compel pupils to bow their heads, much less can they expel pupils for not complying with such rule. — O'Connor, April, 1868. POWER OF BOARDS IN TAXES. Boards of directors having failed to levy a tax at their first regu- lar meeting, cannot do so during the year at any subsequent meet- ing, and a tax so levied would be illegal. O'Connor, May 6, 1869. USE OF SCHOOL-HOUSES FOR RELIGIOUS AND SCIEN- TIFIC PURPOSES. The board of directors have no right to allow the use of the school-house when it will interfere with the school, but they may at such other times allow its use for religions services, scientific lectures, or for matters of a public nature. The electors also may authorize the board so to do. — O'Connor, June 18. 1869. SCHOOL-HOUSE SITE. When a board have established a school-house site and on ap- peal the county superintendent has selected a different site, and his act is sustained Dy the superintendent of public instruction, the board can not act again to change said site until it has been tried, or the population or other circumstances have materially changed.— O'Connor, July 28, 1869. FORMATION OF DISTRICT TOWNSHIPS. The fact that the township trustees were not promptly called together will not invalidate the establishment of the district, if it had a de facto existence. Although an order fixing the boundaries was not issued the electors having agreed on boundaries and the district maintained on these boundaries establishes said district. — O'Connor, May 23, 1870. 12 178 SCHOOL LAWS OF IOWA. ADJUSTMENT OF BOUNDARIES. This subject lies almost exclusively in the educational depart- ment. The action of the board is final unless an appeal is taken to the county superintendent, whose decision is final unless an appeal is taken to the superintendent of public instruction whose decision is final. An appeal to the county superintendent or superintendent of public instruction stays action until the decision is rendered. Changes made in boundaries take effect at next annual meeting in March. —O'Connor, March 7, 1871. FULFILLMENT OF CONTRACT. The board of directors is legally the same though composed of new members. A teacher possessing the legal qualifications can collect pay under contract if the board refuse him permission to teach. — O'Connor, March 27, 1871. POWER OF BOARD TO BUY OR SELL REAL ESTATE. A board of directors can make no purchase or sale of real estate without authority of the electors. — O'Connor, June 13, 1871. ABROGATION OF INDEPENDENT DISTRICT. There is no provision of law for annihilation of independent district. There is but one board and the action of such board will bind it though new members are elected. — O'Connor, August 4, 1871. SCHOOL-HOUSE FUNDS— LOANING BY TREASURER OF BOARD. The treasurer is technically liable for loaning school-house funds, but if it is proven that interest does not accrue to himself he can not be convicted as intention to defraud is an element of em- bezzlement. A low rate of interest from a loan in bank might not be wrong. The board can not loan funds. It is in both cases safer not to assume responsibility which the law does not author- ize.— O'Connor, September 2, 1871. SCHOOL LAWS OF IOWA. 179 LIABILITY OF TREASURER WHEN FUNDS ARE STOLEN OR LOST. If the treasurer has exercised such diligence and care as he does with his own money he is not liable if it is stolen.— O'Connor, September 5, 1871. THE LAW LIMITING A TAX TO TEN MILLS ON THE DOLLAR FOR SCHOOL-HOUSE PURPOSES DOES NOT PREVENT AN ADDITIONAL TAX TO MEET INDEBTEDNESS. Where electors have failed to vote a tax to meet indebtedness the board can not levy said tax unless compelled by mandamus. The treasurer should pay the orders first presented, unless the tax is levied specifically to pay a certain judgment, when it should be so applied. The law says where subdistricts have built their own school- houses the tax should be assessed as justice and equity require. When the new members of the board are qualified it is not proper for the former members to transact business. On the third Monday in March the old members are out of office.— Cutts, March 30, 1872. INDEPENDENT DISTRICT. All independent districts must be organized before August 1st. All taxes certified by the district township board for that year are void. — Cutts, November 9, 1872. INDEPENDENT DISTRICT. An independent district can not be formed from a city or town within an independent district. — Cutts, January 19, 1874. OFFICER, REMOVAL OF BY THE BOARD. The board of directors have no authority of law to remove one of its officers. — Cutts, January 31, 1874. TAXES— CERTIFICATION OF. If the board in certifying a tax, instead of specifying a certain amount specify a rate per cent, while their action would be irreg- ular it would not be so illegal as to render the tax void. The case would be different if there should be an entire omission of or neglect to certify any tax since then, the supervisors could 180 SCHOOL LAWS OF IOWA. not determine the per centum to be assessed. — Cutts, February 9, 1874. CITY LIMITS, EXTENSION OF— EFFECTS ON INDEPEND- ENT DISTRICT OF SAID CITY. When the limits of a city are extended, the limits of the inde- pendent district in said city are correspondingly extended.— Cutts, May 4, 1876. TERRITORY ANNEXED BY EXTENSION OF CITY LIMITS— TAXES ETC. The annexed territory becomes at once a part of the independ- ent district of said city. If the annexation is completed before the levy of taxes by the supervisors, the rate should be uniform over the whole district. If however the annexation is not completed until after the annual levy, the rate of tax on the annexed territory will be the same as that on the district where it was taken. — Cutts, October 30, 1876. SCHOOL-HOUSE SITE— EXTENSION OF TOWARDS A DWELLING WHEN THE OWNER OBJECTS. When a school-house site is within 30 rods of a house the site can not be enlarged towards the house if the owner objects. Said site may be extended by condemnation in the opposite •direction. — Cutts, October, 1876. CONTRACT, TEACHERS'— WHEN SCHOOL-HOUSE IS BURNED DOWN. A contract made with a teacher in all respects in conformity to law, in case the school-house burns down and the board fail to provide another, said teac er being ready to comply with his part of the contract can collect pay according to contract. The amount of pay can not be more than his regular wages. If said teacher uses proper diligence to secure employment at something which he can do and secures employment, the board will pay him the difference between the amount received in his new work, and the amount of his wages under contract. In other words his actual loss should be made good.— McJunkin, January 15, 1877. SCH-JOL laws of IOWA. 181 INDEPENDENT DISTRICTS, CONSOLIDATION OF. The independent districts of a township may be consolidated into an independent district township. The boundaries of an independent district may be so changed as to form any number of districts less than previously existed. If in either case the proceedings are legal, the formation is valid. — McJunkin, April 10, 1877. SCHOOL-HOUSE TAX— FAILURE OF DISTRICT TOWNSHIP TO VOTE. The only provision for voting a tax by the electors is at the annual meeting in March. If the electors refuse there is no remedy. The law makes them the sole judges of the necessity of such tax. 2. It is the duty of the board of directors to certify any tax voted by the electors. 3. If the electors refuse the only remedy is for the sub-district to tax themselves or wait until the legislature furnishes a legal remedy. 4. There is no legal indebtedness between subdistricts. — McJunkin, April 13, 1877. SECTION 1798, SCHOOL LAWS 1876, APPLIES ALIKE TO DISTRICT TOWNSHIPS AND INDEPENDENT CITY DISTRICTS.— November 20, 1877. (See in this connection Iowa Reports, 45, Page 53.) Section 1798 is not restricted in its application to cases enu- merated in section 1797; but is made to refer also to all cases where territory may be transferred to the district where it geo- graphically belongs. — January 5, 1878. APPEAL FROM ACTION OF COUNTY SUPERINTENDENT —JURISDICTION. The superintendent of public instruction has jurisdiction in all matters appealed from the action of county superintendents. — January 5, 1878. LEGAL PAYMENT FOR SCHOOL-HOUSE SITE. A compliance with the provisions of section 1827, School Law 1876, is all that is necessary. The money must be deposited for the owner and not for the mortgagee.— August 21, 1878. 182 SCHOOL LAWS OF IOWA. SITE— CHANGE OF IN SUBDISTRICTS REFERRED TO IN SECTION 1798, SCHOOL LAWS 1876. In case of change of site the house still remains under the con- trol of the district to which it always belonged. — September 12 1878. PAY OF COUNTY SUPERINTENDENT DURING INSTITUTE. The county superintendent is entitled to his per diem for time spent during the Institute. — September 25, 18.3. ASSETS, DIVISION OF. 1. In the division of assets between districts where changes in boundaries have been made, each should receive that part to which it is beneficially entitled. 2. Subsequent changes in the form of territory will not lelieve that territory from its responsibility to assume its share of assets and liabilities. 3. Payment of amount due must be made to the party entitled to hold and use it. — November 6, 1878. SCHOOL-HOUSE, CONTROL OF. The electors may take the control of the school-houses out of the hands of the boaid of directors. — January 4, 1879. INDEPENDENT DISTRICT— ORGANIZATION OF. In fixing boundaries for a city or town district (Sees. 1,800 and 1,801), the board may include territory from a contiguous rural independent district. — June 7, 1879. INDEPENDENT DISTRICT— ORGANIZING OF. A city or town in an independent rural district can not organ- ize as an independent city or town district. — June 19, 1879. TEXT BOOKS. An adoption of text books holds for three years, even though the form of the district is changed. — January 19, 1880. INSTITUTE EXPENDITURES. Institute funds may not be used to purchase reference books. — January 23, 1880. ANNUAL STATEMENT— Sec 1813. The annual statement in independent districts must be pub- SCHOOL LAWS OF IOWA. 183 lished in a newspaper, if one is printed in the district. — February 13, 1880. ASSETS, DIVISION OF. Taxes collected subsequent to the organization of independent districts from the sub-districts of a district township are assets which must be divided equitably among the independent districts. August 6, 1880. APPEAL, TRIAL OF. A partv unwilling to give testimony may be compelled to do so by sections of Code 3692-3695.— April 9, 1881. THE ASSETS AND LIABILITIES OF THE DISTRICT LOSING THE TERRITORY ONLY SHALL BE CONSIDERED. Chapter 118, Laws of Nineteenth General Assembly.— Mc- Phearson, October 7, 1882. APPEAL WILL LIE. Section 1763 was not repealed by Chapter 8, Laws 1880. And boards cannot be compelled to submit questions at such elections, general or special, other than those mentioned in 1807 of the code, and for the reason that other matters seem to be discretion- ary. No board or officer can be compelled to do that which is dis- cretionary with him. — McPhearson, August 8, 1883. CONTRACT— COMPLETION OF. It is proper for the state superintendent to entertain any ap- peal that it is proper for a county superintendent to consider. An action pending between the boards may be rejected at any time before the completion of the transaction. A proposition and ac- ceptance is supposed to complete a contract. — McPhearson, Octo- ber, 20. 1883. CHILDREN— ATTEND SCHOOL IN ADJOINING DISTRICT. Without the voluntary consent of both county superintendent and board of directors of an adjoining district, children can not attend school in such adjoining district to the one they reside in. 184 SCHOOL LAWS OF IOWA. From a refusal to give such consent an appeal does not lie to the county superintendent. — Applies to Sec. 1793. McPhear- son, May 9, 1883. Lands belonging to the state can not be condemned and taken for school-house purposes. It would in effect makefthe state the defendant.— McPhear- son, March 22, 1884. PART V. DIGEST OF SUPREME COURT DECISIONS. AFFIDAVIT. Affidavit may be amended to correct errors, mistakes, or any defects, so as to avoid technicalities and secure a fair trial. — 11, 70; 18, 435; 22, 232. APPEAL. A mere irregularity in taking an appeal, or the notice thereof, is waived by the voluntary appearance of the parties. — 19, 83. The appellant has a right to dismiss his own appeal. — 10, 390; 12, 351; 48, 19. Not a case at law. — 36, 413. In cases of appeal, counsel cannot be employed at expense of district.— 36, 413. APPELLATE— TRIBUNAL, Will not presume against the correctness of the finding, but always in favor of it.— 8, 76; 8, 288: 9, 353. AWARD. Award of arbitrators may be set aside. — 3, 577; 54, 286. Award has same force as verdict of jury. — 6, 466. ASSETS. Upon the division of a township district into independent districts, the board of the former are empowered to make a divis- ion of the assets, wherein their jurisdiction is exclusive, and their judgment can not be set aside in a collateral proceeding. —43, 444; 45. 391. When a district township is divided into two or more districts, school-houses and real estate are to be estimated in making the division of assets. — 36, 216. 185 186 SCHOOL LAWS OF IOWA. ACTION. An action within the jurisdiction of the board finds its correc- tion in an appeal. But an irregularity, fraud or illegality maybe remedied in the courts. — 23, 408. ASSETS. The boards of directors of the two districts, or arbitrators chosen by them shall apportion the assets upon the reorganiza- tion of the districts, and their jurisdiction for this purpose is ex- clusive.— 45, 104; 45, 391. But an appeal will lie.— 45, 391. The action of the boards in settlement will not be set aside in the courts unless fraud or mistake is proven. — 52, 153. BOARDS. Boards have power to dismiss or suspend pupils. — 30, 432; 81, 562; 50, 145. Boards have no power to bind the district in purchasing maps, charts, and other apparatus, without a vote of the electors. — 25, 449: 26, 281; 28, 334. Boards may bind the corporation by contracts entered into after the election of their successors and before their qualification. — 13, 557. Boards may levy additional tax necessary to maintain schools during the term required by law. — 12, 414. Boards may be legalized. — 6, 391. BONDS. Power in division of assets. Section 211. Not entitled to pay. 55, 654. In the absence of power to execute, no subsequent transfer of the same will give them effect, and they are void even in the hands of bona fide holders. — 43, 48. OFFICIAL BONDS. Where one elected to office failed until after the time for him to enter upon hi ? duties to file his official bond, which had been pre- pared, and the office was thereupon declared to be vacant, and he was subsequently appointed to the same office, whereupon the bond first prepared was filed ; held, that the sureties thereon were not liable for the default of their principal. — 44, 15 SCHOOL LAWS OF IOWA. 187 Bonds issued exceeding in amount live per cent, of the taxable property are void. — 44, 122. BOUNDARIES. Boards of directors of independent districts can not change. — 5, 390. COUNTY SUPERINTENDENT. It is the exclusive province of the court to construe writings constituting the cause of action. — 37, 316. CONTRACT. Contract — binding, if acted upon by both parties, although not signed nor approved. — 2!, 592; 56 476. The consideration need not appear upon the face of the contract ; it may be proven by parol. — 5, 341. Contract is binding if accepted and acted upon although not signed. — 5, 341. The teacher being permitted to enter upon the performance of the contract has a right to presume its approval. — 35, 378. If an agent make a valid contract without authority he is him- self bound thereby.— 37, 315. The district township is bound by contract of subdirector when made according to instructions. — 35, 361 . Deductions may be made from the contract price of a house for defects even after accepting the same. — 3, 211. Contract completed by letter unless revocation before that time is brought to the notice of the other party. — 6, 279. A written contract may be varied by a subsequent parol agree- ment, additional to the original, and upon a new consideration. — 8, 65; 50, 98. It is presumed that the written contract embraces all the agree- ment of the parties. — 52, 130. A school-house was erected under an agreement with the owner of the land upon which it was placed, that the district should have free use of the land as long as the school-house should remain thereon; held that the contract was not within the statute of frauds.— 43, 466. Verbal corporations may make verbal as well as written contracts, within the scope of their powers, and it was held not essential to the validity of the purchase that a vote of the directors therefor should appear upon the records. — 54, 564. 188 SCHOOL LAWS OF IOWA. It is within the power of the board to change a contract for building, but unless makers consent they are released. — 50, 98. DE FACTO OFFICER. De facto officer, his acts affecting third persons can not be col- laterally assailed. — 14, 465. DEFECT. Defect in the complaint of proceedings not complained of by the parties appealing, not sufficient cause for reversal. — 5, 414. DISCRETION. The local tribunals are invested with a large discretion, and their action should have great weight. — 21, 594; 23, 410. Discretion of school board can not be controlled by mandamus whether exercised wisely or unwisely. — 24, 270. DISTRICT TOWNSHIP. District township can not incur indebtedness exceeding 5 per- cent on taxable property of the corporation. — 37, 546. Constitu- tion, Article 11, Section 3. District township shall coincide in boundary with civil town- ships. Section 1797, school laws provides the onlv exception. — 41, 30. District township not receiving on division of assets their just proportion of school-house property have a claim against those that obtain more than their just share. — 36, 216. ERROR. The record must show error or it will be presumed correct. — 1, 93; note c. 2, 551; 5, 374. Error without prejudice. The judgment of the inferior tribunal will not be reversed for an error which did not prejudice the ap- pellant.— 13, 479; 15, 121. Error must appear, the party appealing must satisfy the tribu- nal that there is error.— 1, 472; 1, 513; 2, 147; 7, 4; 8, 288. ELECTION. The law contemplates three hours for meeting to elect sub- director.— 37, 131; 39, 381. Election to vote upon the organization of an independent dis- trict must allow voting from 9 a. m. to 4 p. m. — 34, 308. SCHOOL LAWS OF IOWA. 189 EVIDENCE PAROL. Evidence parol is not competent to vary written. — 1, 264, {note /);2, 442; 6, 523. Evidence parol, is admissible to show compliance with the con- ditions of a written contract. — 1, 9*-!, (notef); 3, 76. The superior tribunal can act only upon the testimony on which the decree below was rendered. — 1, 452. When all the evidence is not before the appellate tribunal, the presumption is in favor of the correctness of the finding. — 1, 482; 1, 513; 14, 429. The ground of objection to, must be shown by the record, or superior tribunal will not disturb the ruling. — 2, 46. Evidence parol, is admissible to show that a written agreement, through fraud, accident, or mistake, fails to state the whole or true contract; yet this fact must be made conclusive. — 15, 392. A verdict must be clearly against the evidence, to authorize a reversal upon that ground alone.— 14, 47. The appellate court will not presume that improper test mony was admitted by the court below. A bill of exceptions is needed. 6, 75. GARNISHMENT. A corporation may waive exemption from. — 25, 315. HIGHWAYS. Boards — independent districts may secure. — 55, 568. INDEPENDENT DISTRICT. Notice of election must provide for vote of all within the limits of the contemplated district. — 17. 88. Boundaries need not be confined to a single township. — 25, 307. INJUNCTION. The county superintendent can not enjoin on the ground that teacher has no certificate. Such action may be taken by a citizen or resident of the district. — 17, 229. JURISDICTION. Jurisdiction is acquired by the collection of taxes from and pro- vision of schools for territory, although no action of boards had ever been taken.— 25, 277. 190 SCHOOL LAWS OF IOWA. Jurisdiction of boards in division of assets, is exclusive. — 45, 104. LIABILITY— PERSONAL. Where a person contracts in an official capacity which is dis- closed in the contract itself, he is not peisonally liable, although having failed to affix his official title. — 7. 509. A ministerial officer is liable for damages caused by his mis- feasance or nonfeasance in office, but a judicial officer is not liable for judicial acts when it is not shown that he acted corruptly. — 14, 510; 17, 155; 38,47. Where a public officer, other than a judicial one, does an act directly invasive of the private rights of others, and there is oth- erwise no remedy for the injury, such officer is personally liable without proof of malice and intent to injure. — 24, 337. The liability of the treasurer is absolute ; it can not be varied or diminished, by the cause or manner of a loss. — 40, 131; 37, 554; 5, 156; 39, 12. LEASE. See Contract. MANDAMUS. Boards may be compelled by mandamus to levy tax. — 34, 514. A writ of, not allowable when the party aggrieved has the rem- edy of appeal.— 35» 448; 50, 648. Mandamus will not lie to compel issuance of certificate. — 52, 111. A writ will not issue commanding an officer to do what is not within his power to do. If he has put it out of his power to do his duty, he may be liable in damages to one prejudiced by his act, but in such case mandamus will not lie. — 44, 458. MONEY. When money is received belonging to another, the law implies a promise on the part of the receiver to pay it over. — 11, 506. MOTION. The force and effect of a motion does not terminate with a change of officers, or members but remains in force until repealed. 35, 365. SCHOOL LAWS OF IOWA. 191 NOTICE. Notice to attorney binds the client. — 1, 453. The manner of serving must be shown. — 6, 79. A voluntary appearance by a defendance waives defects in the service of notice. — 18, 20. Notice of annual or subdistrict meeting. A failure to give, will not invalidate proceedings, if a meeting is held at the usual time and place.— 10, 218. OFFICE. The only legal test to determine the title of an office is a writ quo warranto.— -22, 86; 27, 528. PARTY. Party may elect which remedy he wishes to use, when he has power to use either. — 3, 79. See Action. PUPIL. Pupil can not be excluded on account of his color, nor be com pelled to attend separate school.— 40, 519; 41, 693; 24, 270. Pupil may be expelled for not obeying rules of the school, al- though instructed not to obey by the parent. — 50, 145; 56, 573. RECORD. Where the record is silent, and a state of case can be supposed, under which the finding would be correct, that conclusion is adopted which is consistent with the ruling made. — 5, 476. Where the record is so confused that the appellate tribunal can not act with safety to the rights of the parties, the cause will be remanded for a re-hearing. —8, 79. After proof of the loss of a record, its contents may be proved by secondary evidence —8, 301. The failure of the secretary of the board to record all proceed ings of board, and of district meetings, in separate books, or a record on loose sheets, will not render proceedings void. — 8, 302. RE-HEARING. A re-hearing will be ordered where the necessity is made clearly apparent.— 5, 404; 7, 232. RESIDENCE. Residence, meaning of. A person may have several residences. — 1, 36, foot note; 24, 209 ; 25, 91. 192 SCHOOL LAWS OF IOWA. REPAIRS. Contracts for the repair of school-houses may be paid from the contingent fund, without being specially authorized by the elect- ors.— 25, 438. SCHOOL ORDER. School order not negotiable.— 29, 342; 39, 496. SCHOOL-HOUSES. School-houses are not subject to a mechanic's lien. — 54, 81. Electors may permit to be used for religious worship and Sun- day School.— 35, 197. SCHOOL-HOUSE SITE. School site. The power to fix a site carries with it the power to re-locate that site. — 23, 411. SUBDIRECTOR. Subdirector must comply with rules and regulations made by the board for his guidance. — 35, 365. Subdirector is subject to rules and restrictions, not inconsistent with law, prescribed by the board. — 40, 371. STATE UNIVERSITY. State University not a corporation.— 42, 335. SCHOOL DIRECTORS. School directors have the power to provide for the children of one subdistrict attending school in an adjoining subdistrict, and to discontinue school in their own subdistrict 40, 369. TRANSCRIPTS. Transcripts should not be merely naked copies of papers, but should show their order, dates and connection. — 1, 590. TERRITORY. The extent of — which may be added to a town or city dis- trict; for school purposes, is not limited by the law. — 15, 436. TEACHER. The dismissal of a teacher is warranted where there is a failure to manage and govern the school, though the teacher was not delinquent in attempts to fulfill the contract.— 21, 593. SCHOOL LAWS OF IOWA. 193 TAXES— RATE. The rate for teachers and contingent fund can be votedjor fixed only by board of directors. — 41, 180. TAX. A tax levied to pay the principal and interest of bonds is valid so far as it is within the municipal power, and beyond that it is invalid.— 43, 49. TAXES. Taxes may not be levied by board of supervisors beyond the maximum rate. — 45. 466. If a school-house tax is not levied by the supervisors at the proper time, it may be levied subsequently. — 49, 325. Taxes voted and collected must be applied to building where the electors voted. The electors may not rescind their vote and direct the money expended elsewhere. — 50, 648. Taxes illegal— refunded.— 56, 85. TERRITORY. Section 1798 provides for detaching territory only when both townships are organized as district townships and each is governed by a board of directors whose jurisdiction extends over the entire township. — 45, 53. TEACHER'S CONTRACT— WHEN NOT ENFORCEABLE. No recovery can be had on a contract to teach school, made with a subdirector, but not approved by the president of the board, unless such approval has been waived and the contract ratified by the district ; the fact that the teacher proceeds there- under and completes the performance of the contract is not suffi- cient to constitute such ratification and authorize a recovery. — 56, 573. TERRITORY— CHANGE OF ASSETS AND LIABILITIES. Where territory is set into an adjoining county or township, or attached to an independent school district in an adjoining county or township, for school purposes, or is restored from an independ- ent district to the district township to which it geographically be- longs, there must be an equitable apportionment of all assets and liabilities.— 58, 77. 13 194 SCHOOL LAWS OF IOWA. INDEPENDENT DISTRICTS— CHANGE OF BOUNDARIES The boundaries of an independent district maybe changed and such change may include territory which became a part of such independent district at the time of its formation. No reason exists why the boundaries of an independent district as originally formed, can not be changed as readily as when territory is after- ward attached to it.— 58, 77. PUPIL— SUSPENSION OF. A board of directors has no power to adopt a rule which will deprive a child of school privileges, except as a punishment for breach of discipline or an offense of good morals. — 56, 476. PART VI. BLANK FORMS. NUMBER 1. Form for Proceedings of District Township Meeting. [Section 1717.] March , 188.. The electors in the district township of , in the county of , and state of Iowa, assembled at pursuant to previous notice. The meeting was called to order by the president at o'clock m. The secretary being absent, was appointed secretary. The order of business was stated by the president. On motion of Mr. . ,a tax of dollars was voted for school-house purposes. Mr. moved that a tax of eight hundred dollars be voted for the purpose of erecting a school-house in subdistrict No. Mr. moved to amend by striking out "eight hundred dollars," and inserting "one thousand dollars," which motion was agreed to, and the motion as amended was decided in the affirmative. Mr moved to transfer dollars of unused school-house fund to teachers' (contingent) fund. Mr moved that the various powers con- ferred by law on the district meeting, which may be delegated to the board of directors, be and the same are hereby so delegated. After discussion, the vote was taken, and the motion was adopted. On motion of Mr , the meeting adjourned. Chairman. • — -» Secretary. 195 196 SCHOOL LAWS OF IOWA. Note. — It is essential that the secretary make a full and accurate record of the proceedings of the district township meet- ing, which should be submitted to the president for his approval at the close of the meeting, and afterwards recorded in the district records, or otherwise preserved. These records, together with all certificates of the action of any subdistrict in relation to voting school-house taxes, must be sub- mitted by the secretary, who is the proper custodian of the records, to the board of directors, at the meeting held on the following Monday, to form the basis of their action in apportion- ing and certifying school-house taxes to the board of supervisors. NUMBER 2. Form of Notice for Annual Meeting in Subdistricts. [Section 1718.] Notice is hereby given that a meeting of the qualified electors of subdistrict No , of the district township of in the county of , and state of Iowa, will be held at , on the first Monday in March, 188.., at o'clock, for the election of one subdirector, and the transaction of such other business as may legally come before it. Dated, , 188.. Subdirector of Subdistrict No. Notes, (a) In case there is no subdirector, the above notice must be given by the secretary of the district township. It must be posted five days previous to the meeting, in at least three pub- lic places in the subdistrict. The notice should designate the hour of meeting, which cannot be earlier than 9 o'clock, a. m. See section 1789. (b) When an organized district township is left without offi- cers, or without a quorum, the above notice for a special election should be posted by the township trustees, in at least three pub- lic places in each subdistrict, changing the time of holding the election to suit the circumstances of the case. See section 1714. SCHOOL LAWS OF IOWA. 197 NUMBER 3. Form of Proceedings of Annual Subdistrict Meeting. [Sections 171-8, 1719, 1720.] March , 188.. The electors of subdistrict No. , of the district township of , in the county of , and state of Iowa, met pursuant to previous notice. was appointed chairman, and secretary of the meeting. On motion of Mr , the meeting proceeded to the election by ballot of one subdirector. The chairman announced the result of the ballot to be as follows: 20 votes were cast for A B; 15 votes for D; and 10 votes for E P; upon which A B was declared duly elected subdirector for the ensuing year. Mr moved that a tax of dollars be voted for the erection of a school-house in this sub- district. The motion was lost. On motion of Mr , the meeting adjourned. Chairman. Secretary. Notes, (a) If the electors desire to hold a caucus, it should be done before the subdistrict meeting is called to order. Only one ballot can be had for the election of subdirector, and a plurality will elect. (b) The amount voted by the subdistrict must be certified to the next regular district township meeting. (c) To avoid the levying of taxes upon the subdistrict, the district township may simply be requested, by a vote of the elect- ors of the subdistrict, to build them a school-house, without ask- ing for a definite amount of money. 198 SCHOOL LAWS OF IOWA. NUMBER 4. Form for Certificate of Election of Subdir ector. [Section 1719.] We hereby certify that, at the annual meeting of subdistrict No , of the district township of , in the county of , and state of Iowa, held on the first Monday in March, 188.., was duly elected subdirector for said subdistrict. .... .._. , Chairman. . ... — . .... , Secretary. Notes, (a) This certificate, slightly varied, will answer in case of the election of a subdirector at a special meeting, called by the township trustees. In both cases it should be presented by the subdirector elect to the board of directors of the district township, and filed with the president of said district. (b) In case of a tie vote, the fact should be certified in a sim- ilar manner to that given in the above form, by the officers of the meeting. NUMBER 5. form for Certificate of Tax Voted by Subdistrict Meeting. [Sections 1718, 1778.] To , Secretary of the board of directors of the district township of : I hereby certify that the electors of subdistrict No , of the distridt township of , in the county of , and state of Iowa, at the annual meeting, held on the first Monday in March, 188.., voted a tax of dollars for the erection of a school-house in said subdistrict. Subdirector. Note. — This certificate may be made either by the subdirector or by the chairman and secretary of the subdistrict meeting. . SCHOOL LAWS OP IOWA. 199 NUMBER 6. form of Certificate for Election of the Officers of the Board) to the County Superintendent, Auditor, and Treasurer. [Section 1736.] I hereby certify that at a meeting of the board of directors of the district township of , held on the day of , 188.., the follow- ing named officers were elected and have duly qualified accord- ing to law : to the office of .'_., P. 0. Address, to the office of , P. 0. Address, Dated at , 188.. Secretary. Note. — All the officers of the board, in addition to the oath which they may have taken as members, must take the oath of office as prescribed by section 5, article 11, of the constitution. NUMBER 7. Form for Notice of District Toivnship Meeting. [Section 1742.] Notice is hereby given to the qualified electors of the district township of , in the county of , and state of Iowa, that the annual meeting of said district will be held at _ , on the second Monday in March, 188.., at o'clock m., for the transaction of such business as may legally co:ue before it. Secretary. Dated , 188.. Notes, (a) The above notice must be posted in five different conspicuous places in the district and a copy of the same fur- nished to the teacher of each school in session to be read to the Dupils thereof. In independent districts, insert immediately 200 SCHOOL LAWS OF IOWA. after the word "for" in the concluding part of the notice, the words "the election of officers and" in accordance with the pro- visions of sections 1807, and 1808. (b) The same notice may be given for the extra meetings pro- vided for in sections 1717£ and 1822, changing the time of hold- ing the election to suit the circumstances of the case. NUMBER 8. Form for the Treasurer's Account ivith the Teachers' Fund. [Sections 1747, 1748.] , Treasurer, in account with Teachers Dr. Fund. Sept. 28, 188.. Oct. 5, 188.. Jan. 4, 188.. April 5, 188.. April 5, 188.. July 5, 188., To cash received of County Treasurer, semi-annual apportionment $270 00 To cash received of County Treasurer district tax 75 00 To cash received of County Treasurer, district tax . 150 00 To cash received of County Treasurer, district tax 197 00 To cash received of County Treasurer, semi-annual apportionment 135 00 To cash received of County Treasurer, district tax ". ; 100 00 I Fund , Treasurer, in account with Teachers' 1 Cr. Oct. Oct. 13, 13, 14, 3, 4, 4, 5, 188.. 188.. 188.. 188.. 188.. 188.. 188.. By cash paid James Hogan, No. 1 By cash paid Sarah Smith, No. 3 on order on order $13600 89 00 Nov. By cash paid Nicholas Hoover, No. 4 on order 135 00 May By cash paid Louisa Martin, No. 7 on order 82 00 May May By cash paid Jas. M. Higgins, No. 10 By cash paid Stephen Phelps, No. 11 on order on order 115 00 175 00 May By cash paid Amelia Mason, No 13 on order 95 00 SCHOOL LAWS OF 10... 201 Note. — A similar account is to be kept with the school-house fund and contingent fund, and a statement of the condition of any fund is to be rendered at any time when required by the board. By keeping a correct account of the orders, as per Form No. 16, the treasurer will know the amount outstanding, and can readily determine what per cent on each he can pay with the funds on hand. The above form is intended for separate pages opposite each other. NUMBER 9. Form of Contract between Subdirector (or Secretary), and Teacher. [Sections 1753, 1757, 1758.] This contract, between , of county, Iowa, and , subdirector of subdistrict No , of the district township of , in the county of , and State of Iowa witnesseth: That the said agrees to teach the public school in said subdistrict for the term of weeks, com- mencing on the day of , 188.., and well and faithfully to perform the duties of teacher in said school, according to law, and the rules legally established for the govern- ment thereof, including the exercise of due diligence in the preservation of school buildings, grounds, furniture, apparatus, and other school property. In consideration of said services, the said , as subdirector aforesaid, in behalf of said district township, agrees to pay the said the sum of dollars per school month, at the end of , and to perform all the duties required by iaw as such subdirector. Witness our hands this day of , A. D. 188.. Teacher. Subdirector. The within contract is hereby approved this day of , 188.. President. 202 SCHOOL LAWS OF IOWA. Note. — With a little variation the above form will answer for independent districts. The subdirector should file the contract with the president and secure his approval before the teacher enters upon his duties. The president cannot withhold his approval, unless there has been a violation of law or the instruc- tions of the board have been disregarded. NUMBER 10. Form for Teacher's Term Report to District Secretary. Teacher's report to the district secretary of the school taught in subdistrict No , of the district township of , county, Iowa, for the term commencing 188..: TOTAL. Whole number of pupils enrolled Average numbe. belonging Total attendance in days Average daily attendance - Total number of days absent Number of cases of tardiness Number neither absent nor tardy _ Number of pupils studying orthography Number of pupils studying reading Number of pupils studying writing Number of pupils studying arithmetic Number of pupils studying geography Number of pupils studying grammar Number of pupils studying physiology Number of pupils studying United States history ... ... Whole number of days taught Compensation of teacher per month Average cost of tuition per month, for each pupil . 1 hereby certify that the above report is correct. Teacher. SCHOOL LAWS OF IOWA. 203 Notes, (a) The number belonging on any day is equal to the number enrolled less the number who have been absent more than three consecutive whole days. To obtain the average number belonging for the term — divide the sum of the numbers belonging for each day hy the number of days the school has been taught. (b) To find the average daily attendance — divide the total attendance in days by the number of days the school has been taught. (c) To find the average cost of tuition for each pupil per month — divide the amount paid the teacher per month by the average daily attendance for the term. The above form will also serve for a monthly report to the county superintendant, in case he requests it. NUMBER 11. Form for Revocation of Teachers' Certificate* [Section 1771.] Office of County Superintendent, , county, , 188.. To the Boards of School Directors in the county of . and State of Iowa : Whereas, On the day of , 188.., a certificate was issued, authorizing to teach in the public schools of this county ; and, Whereas, Upon due examination, of which the said received personal notice, and was permitted to be present and make defense, it appeared that the said , in consequence of (here state the offense — gross immorality, for example), is unworthy longer to retain the same. Now, therefore, in pursuance of the provisions of section 1771 of the school laws of the state of Iowa, the said certificate is hereby revoked, to take effect from and after the date hereof. County Superintendent. Note. — A copy of the above revocation should be transmitted to the secretary of each district, and the secretary should imme- diately notify each subdirector in his district of the fact. Tho teacher should also be served with a copy. 204 SCHOOL LAWS OF IOWA. NUMBER 12. Form for Certificate to the Board of Supervisors of the lax Determined by the Board of Directors. [Section 1777.] , 188.. To the Board of Supervisors of county, Iowa : I hereby certify that a tax of dollars was this day determined by the board of directors of the district township of , in the county of , and state of Iowa, for the contingent fund, and dollars for the teachers' fund, as provided in section 1777 of the Code. Secretary. NUMBER 13. JForm of Notice Permitting the Attendance of Pupils from Adjoining Districts. [Section 1793.] To , Secretary of the Board of Directors of the District Township of : Notice is hereby given that , and , pupils residing in the district township of , have been granted permission by the board and county superintendent to attend school in subdistrict No. , in the district township of , commencing on the day of , 188.., for a term of - months. Dated at , , 188 , Secretary. Note.— By Chapter 41, Laws of 1878, when -the boards of district townships cannot agree on the attendance of scholars in adjoining districts, they may attend, if the other conditions of the law are fulfilled, by permission of the board where they wish to attend, and the consent of the county superintendent of the county where they reside, and tuition can be collected only from date of the official notice. SCHOOL LAWS OF IOWA. 205 DUMBER 14. Form for Affidavit of Appeal State of Iowa, | [Section 1830.] county. District Township of ) I, .being duly sworn, on oath say : that on the day of , A. D. 188.., the board of directors of said district township rendered a decision (or made an order), whereby (here state facts showing affiant's interest in the decision, and the injury to that interest) ; that said board, in rendering the decision (or making the order) aforesaid, committed errors, as follows: (Here state the errors charged.) Subscribed and sworn to by before me, this day of , A. D. 188.. NUMBER 15. lormfor Notice of Appeal (Section 1832.] State of Iowa, county !■ ss. Y. District Township of To Secretary of the Board of Directors of the District Township of You are hereby notified that has filed in my office an affidavit alleging that said board of directors, on the ..- day of , A. D. 188.., made a decision (or an order) whereby {here describe the decision or order, so that the secretary may identify it), and claiming an appeal therefrom. You are therefore required, within ten days after receiving this notice, to file in my office at , in said county, 206 SCHOOL LAWS OF IOWA. a complete transcript of the record of the proceedings of the board relating to said order, together with copies of all papers filed with you, pertaining to said action appealed from. Dated at , , 188.. County Superintendent. NUMBER 16. Form of Certificate to District Secretary's Transcript. [Section 1832] I, , secretary of the board of directors of the district township of . . , in the county of _ , Iowa, hereby certify that the foregoing is a correct and complete transcript of the record of all proceedings of the board, and of all papers filed, relating to the case v Dated at , , 188.. Secretary. Note. — The secretary's transcript will contain: 1. A copy of all that portion of the records of the proceedings of the meeting relating to the action appealed from, with the date of the meeting. 2. A copy of each petition, remonstrance, plat, or other paper relating to said action, submitted to the board, to which will be annexed the above certificate. NUMBER 17. form for Notice of Hearing of Appeal [Section 1833.] State of Iowa, ) county, f ' v - f District Township of ) To - : You are hereby notified that there is on file in this office a SCHOOL LAWS OF IOWA. 207 transcript of the proceedings of the board of directors of the district township of , at a meeting held on the day of , 188 , in relation to (here describe the decision or order appealed from), from which appeal has been taken ; and that the said appeal will be heard before me at , in said county, on the day of ,188 , at o'clock, m. Dated at , 188- County Superintendent. Note. — The appellant, the president and secretary of the board, and other parties known to be interested, should receive a copy of this notice. NUMBER 18. form of Certificate to the County Superintendents Transcript. [Sections 1832, 1835.] I, _ , superintendent of county, Iowa, hereby certify that the foregoing is a correct and complete transcript of the records of all proceedings had, evi- dence given, and papers filed in my office, and my rulings thereon ; also of my decision in the case v Dated at , , 188- County Superintendent. Notes.— (a) The date of filing every paper should be endorsed thereon ; also, in the case of motions, all orders and rulings of the county superintendent. All oral motions and evidence should be reduced to writing. (b) The transcript of the county superintendent will consist of a literal copy of every paper filed, and all endorsements thereon, together with a copy of all evidence given ; the whole arranged in chronological order, closing with the decision of the county super- intendent in full, with the above certificate annexed. See notes (c) and (d) to section 1834. PART VII. APPENDIX. Recent S'hool Law Decisions, Compiled by Lyndon. A. Smith, A. B., L. L. M. LICENSE PRE-REQUISITE TO A VALID CONTRACT. Section 1. A contract to employ a person to teach who has not a certificate or license is void in Illinois, Indiana, and Minnesota ; and procuring a certificate after entering into such an agreement does not render it a valid contract. In Ohio it has been decided that a statutory- provision similar to the one prohibiting the employment of unlicensed teachers in the States above mentioned does not render invalid a contract of employment entered into with a teacher before he obtains a certificate, provided he obtains it before commencing to teach. The court said : " The law forbids the employment of a teacher who has not a certificate. The teacher is not ' employed/ within the meaning and intent of this provision, until he engages in the discharge of his duties as teacher. The mischief intended to be guarded against was the teaching of a school by an incompetent person, and not the mak- ing of the contract by an incompetent person." In Vermont, if a person commences teaching without a certificate and continues to teach after obtaining one, he is considered to have made a new contract, commencing at the time when the certificate was obtained and having* the same terms as the one under which teaching was begun. Iu Minnesota a person commenced teaching under a verbal contract. He taught three weeks, then 14 209 310 SCHOOL LAWS OF IOWA. obtained a certificate and made a written contract to run three months from the time he commenced teaching. It was held that he was entitled to wages at the stipulated rate after the certificate was obtained and the written contract made, and to no remuneration for the previous three weeks. In au Illinois case a certificate was not obtained until the middle of the term. A new contract was entered into at that time to pay the teacher double wages for the remainder of the term. This was considered an attempt to do indirectly what there was no power to do directly ; and therefore the contract was held void, as was the original contract. CONTRACTS. Section 2. A contract is to be construed in reference to contemporaneous laws and usages. For example, in Michigan the law directs that a contract of hiring to teach " shall require the teacher to keep a correct list of the pupils and the age of each attending the school, and the number of days each pupil is present, and to furnish the director with a correct copy of the same at the close of the school " The court thought that it could not be doubted these requirements, though not mentioned in his contract, imposed upon the teacher of every public district school the duty of compliance with them, and that they become a part of a teacher's contract, whether inserted in it or not. The contract of a teacher is for his own personal services. The nature and quality of those services were admirably described by Judge Worden in an Indiana case. In giving the opinion of the court, he said : "A teacher doubtless, like a lawyer, surgeon, or physician, when he undertakes an employment, impliedly agrees that he will bestow upon the service a reasonable degree of learning, skill, and care. When he accepts an employment as teacher in any given school, he agrees by SCHOOL LAWS OF IOWA. 211 implication that he has the learning necessary to enable him to teach the branches that are to be taught therein, as well as that he has the capacity in a reasonable degree of imparting that learning to others. He agrees, also, that he will exercise a reasonable degree of care and diligence in the advancement of his pupils in their studies, in preserving harmony, order, and discipline in the school, and that he will, himself, conform, as near as may be, to such reasonable rules and regulations as maybe established by competent authority for the government of the school. He also agrees, as we think, by a necessary implication, that while he continues in such employment his moral conduct shall be in all respects exemplary and beyond just reproach." The hiring of a substitute by a teacher under any ordinary circumstances is a breach of contract, though the competency of the substitute is unquestioned. A teacher may not ordinarily absent himself by leave of individual members of a school board. SAME. Section 3. A teacher's contract is oftentimes binding upon a district though it is irregular in some respect, as when it was made with part of a board or was verbally made with a subcommittee instructed by the board to employ a teacher. The law implies a contract from the doing and accepting of work, and a district can not, on the ground that he hae not complied with the law requir- ing a written contract, have the benefit of a teacher's services without remunerating him. Where there is a written contract it cannot be orally contradicted. A contract with a township board to teach in a subdistrict over which a lower court has decided that the board has control, is not invalidated by the reversal of that decision by the supreme court. Contracts with de facto officers 212 SCHOOL LAWS OF IOWA. are binding upon the body they represent ; but contracts entered into with a number of persons acting as a board are not binding upon the school district when there is in existence at the same time another acting board who are so dejure and who have notified the persons contracting with the other board not to carry out their contracts. Which of the boards is such of right is a question for the courts to decide. The part performance of an oral contract, in a case where the law requires a written one, is a ratification of it and renders a district liable for any breach of it. There is no contract, express or implied, between a teacher and a pupil, and, in the absence of trespass, the latter cannot sue the former for refusing to hear his recitations. The teacher's contract is with the directors alone. A minor who possesses the essential qualifications in regard to moral character, learning, and ability, and who has obtained the requisite certificate, may, with the assent of his parents, enter into a valid contract to teach school. A father is charged with certain duties as respects his child, as education, support, and protection, and, as some compensation for these duties, he has the right to claim the earnings of his child in the absence of proof of relinquishment. RECOVERY OF WAGES. WHEN IMPOSSIBLE. Section 4. A teacher cannot recover for services rendered after the appropriation out of which payment of them must be made is exhausted when the law of the place " is clear that no contract or debt can be created without the authority of the councils and an appropria- tion to meet it." Wages cannot be recovered on a void contract. In Iowa a contract must be approved by the president of the school board ; and where he refused to •do so a teacher was not allowed to recover although she proceeded to teach under control of the subdirector SCHOOL LAWS OF IOWA. 213 hiring her and completed her term of instruction. If a teacher is discharged on the ground of incompetency he must use all proper means for his vindication and rein- statement before the courts will entertain a suit for the recovery of wages. Then the question of competency will be one for the jury. Of course he cannot recover if found incompetent ; for, " if a teacher, although he has been employed for a definite length of time, proves to be incompetent and unable to teach the branches of instruc- tion he has been employed to teach, either from a lack of learning or from an utter want of capacity to impart his learning to others, or if in any other respect he fails to perform the obligations resting upon him as such teacher, whether arising from the express terms of his contract or by necessary implication, he has broken the agreement on his part." For teaching done in defiance of a decision of removal no right whatever accrues to compensation out of the public fund. In a Mississippi case a teacher recovered wages for services rendered after the revocation of his license by the county superintendent in opposition to the wishes of the contracting board of trustees, the court saying that " after the vacation of the certificate the relator was not competent to make a new engagement to teach, but could continue to execute an existing contract, unless the local trustees co-operated with the superintend- ent to vacate the contract." SAME. Section 5. The failure to make required reports de- stroys the right to recover wages, and a statute requiring teachers to make specified entries in a register applies to a principal of a number of schools, although he has done no actual teaching. If the omission of entries is through no fault of the teacher, it will not prevent the recovery of wa2fes. This rule was stated as follows in a case in 214 SCHOOL LAWS OF IOWA. which a teacher did not complete her school and made none of the entries required by statute to be made at the close of a school: " ihe close of school there meant must be the close of the term of school ; for the answers to the inquiries required to be entered relate to the whole term, and could not be answered till the close of it. If the school stopped before the close of the term through the fault of the teacher, then the plaintiff would not be entitled to recovery, whether she made the necessary entries in the register or not; but if the prudential com- mittee, by his own conduct, without her fault, prevented the close of the term being reached by her, so she could make the enterics, then the want of them would not prevent the recovery of the wages." SAME. WHEN POSSIBLE. Section 6. A teacher can recover wages for services rendered while he holds a certificate irregularly given. The certificate is in the nature of a commission, and cannot be attacked collaterally, though it does not cor- respond to the form in which the statute says it may be drawn and was given without an examination of the candidate. In a Nebraska case a teacher was without a certificate three months during a term of nine months and recov- ered wages " It is true," said the court, " that the statute prohibits the school board from paying from the school fund any but qualified teachers and makes a certifi- cate or diploma, issued in the manner directed, the only evidence of such qualification. The prohibition of the statute is, however, upon the district board and not upon the teacher." If a teacher lawfully employed is dismissed without just cause, he may recover wages for the whole time for which he was employed. The court in Wisconsin laid SCHOOL LAWS OF IOWA. 215 down the rule as follows : " Unless the discharge of the teacher be justified by proof of the fact that he is not properly performing his contract on his part, the district becomes liable to the teacher for such damages as he may sustain by such discharge in the loss of wages for the residue of his term." Where a teacher was kept from rendering services by the burning of the school house, but was ready to teach whenever a place should be pro- vided and filled out her register at the end of the time specified, it was held that full wages could be recovered. SAME. Section 7. A teacher can recover wages for the time included in legal holidays. Chief Justice Campbell, of Michigan, said in a recent case : In regard to deductions for holidays we are of opinion that school management should always conform to those decent usages which recognize the propriety of omitting to hold public exer- cises on recognized holidays, and that it is not lawful to impose forfeitures or deductions for such proper suspen- sion of labor. Schools should conform to what may fairly be expected of all institutions in civilized com- munities. All contracts for teaching during periods mentioned must be construed of necessity as subject to such days of vacation, and public policy ; s well as usage requires that there should be no penalty laid on such observances." If a teacher is employed for a definite time, and during the period of his employment the dis- trict officers close the schools on account of the prevalence of contagious disease, and keep them closed for a tiine^ the teacher continuing ready to pjrform his contract, he is entitled to full wages during such period. Wages have been recovered by a teacher who stipulated in the con- tract of employment that she would not instruct certain children in the district, and by a teacher who was 216 SCHOOL LAWS OF IOWA. obliged to give up her school because the committee insisted on her allowing a disobedient and unmanageable boy to attend. The court said : " The teacher could not perform the duties of her employment without maintain- ing ] roper and necessary discipline in the school, and when all her other means for doing so failed in respect to the boy it was her right, and might be her duty, to expel him, to save the rest of the school from being injured by his presence. It was not the duty of the teacher, under the contract, to teach the school without maintaining proper and necessary discipline in it ; and if the committee insisted that she should have the boy there, when she could not have him there and have the disci- pline too, it was equivalent to insisting that she should teach the school without the discipline, which she was not bound to do." DISMISSAL. Section 8. If a teacher in a public school, although employed for a definite time, fails to perform the obliga- tions resting upon him, he has broken the agreement on his part, and the trustees are clearly authorized to dismiss him from such employment. When the school law empowers a city board of education to employ teachers and remove ihem at pleasure, the provision enters into and forms a part of the contract with a teacher for his serv- ices for a specified period ; he may be discharged before its expiration, notwithstanding the terms of the employ- ment. But where the power of discharge is limited it ought not to be exercised until notice has been given the teacher and proper testimony heard against him. If, at a hearing, he does not object to the sufficiency of the notice, he will not be allowed to do so afterward. It has been held, generally, that the power to discharge teachers could not be enlarged by stipulations introduced into the SCHOOL LAWS OF IOWA. 217 contract of hiring. A school board in Wisconsin included in such a contract the clause " We reserve the right to close the school at any time if not satisfactory to us." The court, in commenting on it said : " We think the good order and usefulness of the schools would be greatly prejudiced by holding that the boards had such power. If the power claimed for the board in this case exists and may be enforced, then the public schools must be taught to suit the whims, caprices, and peculiar notions of the hiring board, and not as the teacher, in the con- scientious discharge of his duty, should teach the same. ,, SAME. Section 9. In New York the State superintendent lias general supervision and direction of the normal schools, and it is one of his discretionary duties to approve the hiring of teachers for them. It has been decided that these powers do not authorize him to qualify his approval with the words " To continue in force during the pleasure of the board and the superintendent ;" for "it is not within the power of the superintendent, by annexing conditions to his approval of the employment, to change the law regulating the discharge of the teachers of these schools." In Kansas a school district board employed a school teacher, and the contract of employment contained, among others, a stipulation that, if by the inability or neglect of the said A (the teacher) the interests of the school shall suffer, the district board shall have full power to annul this contract after one month's written notice. The court, the chief justice dissenting, held that the stipulation was valid, notwithstanding a clause in the school law providing that the district board in conjuction with the county superintendent may dismiss a teacher for incompetency, cruelty, negligence, or inimor- 218 SCHOOL LAWS OF IOWA. ality, and that under the contract the school district board might alone, without any formal trial, and not iu conjunction with the county superintendent, dismiss the teacher for incompetence and negligence from which the interests of the school surfer. " The object of the statutes," says the court, " was simply to provide that the school district should not so bind itself by contract that a school teacher could not be discharged at any time by the school board acting in conjunction with the county superintendent, for incompetency, cruelty, negligence, or immorality ; and it was not intended to prohibit the sc'iojI board from making other provisions for the dis- charge of an incompetent, cruel, negligent, or immoral teacher." COMPLAINTS AGAINST CANDIDATES FOR TEACHERS POSITIONS. Section 10. A communication made by persons inter- ested in a particular school to the superintendent having jurisdiction over it for the sole purpose of preventing him from issuing a license to teach the school to a particular individual on the ground that he was of bad moral char- acter and wholly unfit to teach and have the care of a district school, is a privileged communication, and was abundantly justified by proof that he was an habitual blasphemer and profane person and an open violator of the Sabbath. The court said: We do not think any superintendent would need vindication for being dis- satisfied with the moral character of a teacher who has the faults complained of by these parties who opposed the licensing of plaintiff. A superintendent who should subject young children to such influences would be very censurable." The right to remonstrate must not be made the means of gratifying malice and enmity, SCHOOL LAWS OF IOWA. 219 and inquiry may be made as to the motives and private purposes of petitioners. STUDIES. Section 11. The principal questions under this head which have been before the courts recently are how far a parent cati control the studies of his child and whether " other branches/' mentioned in a statute after an- enumeration of English studies, would include German. The court answered the latter question affirmatively, tak- ing judicial notice of the practice and policy of the State to allow the study of German and of the omission of the legislature to prohibit the instruction of pupils in that language. The former question has been answered in two States, Illinois and Wisconsin. In Illinois the court said: "No parent has the right to demand that the interests of the children of others shall be sacrificed for the interests of his child ; and he cannot, consequently, insist that his child shall be placed or kept in particular classes, when by so doing others will be retarded in the advancement they would otherwise make ; or that his child shall be taught studies not in the prescribed course of the school or be allowed to use a text book different from that decided to be used in the school, or that he shall be allowed to adopt methods of study that interfere with others in their study. * * * The policy of our law has ever been to recognize the right of the parent to determine to what extent his child shall be educated dur- ing minority, presuming that his natural affections and superior opportunities of knowing the physical and mental capabilities and future prospects of his child will insure the adoption of that course which will most effectually promote the child's welfare. The policy of the school law is only to withdraw from the parent the right to select the branches to be studied by the child to the 220 SCHOOL LAWS OF IOWA. extent that the exercise of that right would interfere with the system of instruction prescribed for the school, and its efficiency in imparting education to all entitled to share in its benefits. No particular branch of study is compulsory upon those who attend school." In Wiscon- sin the court said: "Now, we can see no reason what- ever for denying to the father the right to direct what studies, included in the prescribed course, his child shall take. He is as likely to know the health, temperament, aptitudes, and deficiencies of his child as the teacher, and how long he can send him to school. All these matters ought to be considered in determining the question what particular studies the child should pursue at a given term." CORPORAL PUNISHMENT. Section 12. In the absence of statutory enactments, the authorities upon the right of a teacher to inflict reasonable chastisement upon a pupil are not numerous, but they are sufficient to prove its existence. The law is well settled that the teacher has the right to exact from his pupils obedience to his lawful and reasonable com- mands, and to punish disobedience, with kindness, pru- dence, and propriety." Any punishment with a rod which leaves marks and welts on the person of the pupil for two months afterward, or much less time, is immoderate and excessive. Proof that the punishment was for an insufficient cause or in an unreasonable manner will be received to rebut the presumption to the contrary. In no case can the punishment be justifiable unless it is inflicted for some definite offence which the pupil has committed and the pupil is given to understand why he is punished. " Punishment inflicted when tha reason of it is unknown to the punished is subversive, and not promotive, of the true objects of punishment.'' It must not be inflicted SCHOOL LAWS OF IOWA. 221 for obedience to the lawful directions of a paient. The authority to chastise extends to a pupil who has attained his majority ; for by voluntarily attending school he waives any privilege and submits himself to like disci- pline with those that are within school age. A member of a school committee may eject a pupil from the school- house for insulting conduct toward him. This was decided in a Connecticut case, stated by the judge in his opinion, as follows : " The defendant, being at the school-house performing certain duties connected with the school, called the attention of the plaintiff to certain acts, not especially culpable in character, which he acknowledged he had committed. His bearing and man- ner were insolent and offensive, and the language in which he indulged was grossly profane. Such language, reprehensible at all times, should not have been allowed to pass with impunity from a school boy of the older class, within the walls of a school-house, in the presence and hearing of younger pupils. After being told to leave, he so conducted that it was proper to remove him, no unnecessary force being used to attain that object." INSURANCE, REPAIR, AND FURNISHING OF SCHOOL HOUSES. Section 13. A provision that a school officer shall have the control and management of the school-house doos not empower him to bind the district by a contract of insurance, nor to purchase lightning rods. A district can obtain the insurance on a school-house burned, although it had been nominally sold on credit by officers authorized to sell, because such sale on credit was void without ratification by the district. If a house be burned the insurance money cannot be obtained by the creditors by garnishment; for the property of a school district cannot be garnished, nor subjected to a mechanics' lien. 222 SCHOOL LAWS OF IOWA. Neither a stereoscope with views nor charts containing the multiplication tables, forms for business contracts, and prominent historical events, are "necessary append- ages " to a school-house. A board authorized to purchase school apparatus may buy an organ for a school in which music is taught as a recognized branch of education. Seats may be bought under a resolution directing a board to "fix the school-house ready for the winter term." The mere fact that seats, maps, globes, etc., have been used by the district does not ratify an illegal purchase and bind the district for payment. A statute providing that a director shall keep the necessary school-hcuse furniture in proper order, and that his expenses shall be subsequently audited and paid, does not intend that money shall be put into his hands previous to such auditing. QUASI-JUDICIAL POWERS OF OFFICERS. Section 14. School officers are usually possessed of specially defined powers and should exercise no others, except such as arise by fair implication from those granted. In many States certain school officers are clothed with authority to decide controversies and heai appeals. An appeal is not a suit ; and a statute provid- ing for the employment of counsel in case of suits by or against a district does not warrant such employment in case of a hearing before a county or State superintendent. The hearing of an appeal and the decision of controver- sies and disputes arising under the school law are exer- cises of " a visitatorial power of the most comprehensive character." The decisions of an officer or board clothed with such power are entitled to great weight with the courts and are of value in construing the school law when it admits of different constructions. In Maryland they are summary and conclusive. The manner of con- SCHOOL LAWS OF IOWA. 223 ducting the hearing of cases by school officers may be determined by them in the absence of statutory regula- tion. A superintendent may require evidence to be sub- mitted in the form of affidavits and the arguments of parties or counsel to be in writing, and may refuse a personal hearing of witnesses and an oral examination of them before him. A board of education need not require testimony to be given under oath. " The delicate nature of the duty devolved upon the trustees," said Judge Noah Davis, of New York, in a case involving the discharge of a teacher, " to see to it that unfit or incompetent persons are not put or kept in charge of the children who attend the common schools forbids the idea of a trial with the formality and strictness that belong to courts. It is only necessary to suggest that they must often act upon moral convictions rather than established facts, and upon evi- dence of unfitness, physical, mental, or moral, that would not in courts be such proof as would justify a verdict of guilt of specific offences or immoralities." If an appeal is taken under a statute, the party appealing waives those questions which require a judicial review and submits himself to the discretion of the appellate body. The wisdom of intrustiug school controversies to school officers has been approved in several of the opinions cited, as will be seen by the following brief quotations : " We are satisfied that this supervision of the State superin- tendent over the affairs of schools and school districts, commonly very fruitful sources of litigation, has been most wisely conferred upon him for the public interest, as well as for the peace and prosperity of the schools and districts themselves." " If every dispute or contention among those intrusted with the administration of the system . or between the functionaries and the patrons or pupils of the schools, offered an occasion for a resort to 22* SCHOOL LAWS OF IOWA. the courts for settlement, the working of the system would not only be greatly embarrassed and obstructed, but such contentions before the courts would necessarily be attended with great costs and delay, and likely gener- ate such intestine heats and divisions as would, in a great degree, counteract the benevolent purposes of the law." u A quarrel or a lawsuit in a school district is generally not long confined to the original parties. It spreads among all the families, it goes into the selection of teachers, and injures the discipline of the schools; and if the difficulty once takes the shape of a lawsuit, and the parties have expended money as well as temper upon it, it is still more difficult to settle. Hence the provision for a cheap and speedy decision avoiding the delay and expense of a lawsuit." SAME. LIMITATION OF APPEALS. Section 15. A clause in the code of Iowa provides that " any person aggrieved by any decision of, or order of the district board of directors, in matter of law or fact, may, within thirty days after the rendition of such decision or the making of such order, appeal there- from to the county superintendent." The directors of the independent school district of West Des Moines had made a rule that scholars guilty of defacing or injuring school property should not be allowed to attend school until payment of damages or adjustment of the case. A child accidentally broke a glass in a window. Neither he nor his parents paid for it. Conse- quently the child was refused admittance. The case was brought before the courts, and the question of jurisdic- tion considered. Three judges of the supreme court believed that it had jurisdiction ; two, one of them the chief justice, dissented. Rothrock, J., in dissenting, said : " It seems to me that this is a case where the remedy by SCHOOL LAWS OF IOWA. 225 appeal is peculiarly appropriate. The controversy is one concerning the proper government of the school, and it should be determined by the tribunal appointed by law to settle such questions. If resort can be had to the courts without first appealing to the county superintend- ent, and from him to the State superintendent, the law allowing an appeal becomes a dead letter and wholly use- less and inoperative." The majority decided that the subjects of appeal are limited. Beck, J., giving the opinion, said: "It cannot be held that decisions and orders refusing the allowance and payment of claims agamst the district, or construing contracts, or effecting the possession of or right to property, when the interest of a citizen is affected thereby, may not be questioned except upon appeal. * * * It was certainly never the intention of the legislature to confer upon school boards, superintendents of schools, or other officers dis- charging judicial functions exclusive authority to decide questions pertaining to their jurisdiction and the extent of their power. All such questions may be determined by the courts of the State. Hence, when the rights of a citizen are involved in the exercise of authority by a school officer the courts may determine whether such authority was lawfully exercised." DIRECTORS, TRUSTEES, ETC. ORGANIZATION. Section 16. The first business of a school board com- posed of continuing and newly elected members is to organize. This is best accomplished ordinarily by effect- ing a temporary organization whereupon the returns of the election are read or the certificates of the directors elect are presented ; and thus all the members participate in the permanent organization. If a permanent organiza- tion cannot be accomplished, however, because no one of the members can obtain a majority of votes for president, 35 226 SCHOOL LAWS OF IOWA. it is such neglect of duty as will justify the proper court to declare the seats of the directors vacant and appoint others in their stead. The official functions of newly elected members attach when the full term of their pre- decessors has expired; they are then entitled to meet with the continuing members and participate in both the tem- porary and permanent organization of the board. When a board is clothed with authority to decide upon all ques- tions relative to the qualifications, elections, and returns of its members, its decision that a person is not entitled to a seat as a member is final ; and a statement of the reasons, upon its records, cannot confer on the courts any author- ity to consider a question which the legislature has made it the duty of the school board to decide finally and with- out appeal. A member appointed to fill a vacancy until the next election, " when such vacancy shall be filled by electing a person from the district in which the vacancy occurs to supply the same," does not hold his office till the time ordinary directors chosen at that election would begin to act, but his official relations cease with the occur- rence of the election. A member appointed to serve until the municipal election next ensuing and the election and qualification of his successor, continues in office notwith- standing an illegal election of a successor. An unac- cepted resignation does not create a vacancy. It is the right and duty of a member to act until the acceptance of his resignation. SAME. REQUISITES TO VALID ACTION. Section 17. "Trustees can act only in pursuance of law ; they cannot be compelled to act unless the law is complied with in every substantial particular, nor are they permitted to act until it is so complied with. They have no power to waive anything that is necessary to compel their action. They may not as a matter of grace or favor SCHOOL LAWS OF IOWA. 227 take territory from one district and add it to another. They may do this (and similar acts) only in the cases provided by law ; and whatever is essential to be done before they are bound to act, they must require before they do act." If a board of education is made a body corpor- ate, individual members, acting separately, although a majority, cannot contract a debt nor direct the issuance of an order to pay it. The president and secretary cannot act for the board and without its concurrence in matters of contract. The concurrence of a majority when duly assembled is required to constitute a valid act ; the instruc- tion of the court below to the jury, that, " If you find from the evidence that two of the (three) subdirectors * * * told the plaintiff that she couli continue to teach the school under the contract, and that they would call a meeting to approve the same, this would be a ratification of said contract, and the defendant (district) would be bound thereby," has been declared an error. In New Jersey it is one of the duties of incorporated trustees to employ teachers ; and, in commenting upon it, the court said : u The duty of these trustees, in the selection of teachers, was not ministerial merely ; thev were obliged to examine into the qualifications of teachers and to exer- cise judgment and discretion in their selection ; it was the performance of an important public duty, in the execution of which conference and comparison of judg- ments were necessary in reaching proper results. It was an act judicial in its nature, and the rule governing such bodies so acting is, unless special provision of law is otherwise made, that all must meet, or have notice to meet, when official action is intended." The action of a majority of a school board will not bind the district when other members of the board had no notice of the action and did not participate in it. 238 SCHOOL LAWS OF IOWA SAME. Section 18. A majority of the votes cast will not be construed a majority of those present. If all members have had due notice, a majority of those present can legally authorize or perform an act, and a contract made by two of three members of a committee, where the third member either authorized them beforehand to make it or consented to it afterward, is valid. It was held in the last case cited that it was correct to instruct a jury that the contract of two members of a committee would be valid "if the third member was notified and requested to act and authorized the others to act without him ; that there was no necessity of the committee assembling in a formal meeting at any particular place ; that they were not a board, with a clerk, having stated times and places of meeting ; and that, if they all consented to and had knowledge of the acts of the majority, that was sufficient even if the third member had no notice to be present at the time the contract was executed." The proceedings of school boards will not be treated as void and set aside in collateral proceedings for mere irregularities which do not affect the substantial rights of parties. In a Missouri case the court said : " There is no doubt that the action of the township board was irregular ; but if all of their proceedings which are had in good faith can be set aside and treated as void in collateral proceedings for irregu- larities which do not affect the substantial rights of the parties interested, the whole beneficial objects of our school system will be paralyzed and rendered inefficient. The schools must necessarily in many townships be con- ducted by men not accustomed to legal certainty and forms, and their action should be upheld when good faith has been exercised unless it is in very glaring cases of SCHOOL LAWS OF IOWA. 229 wrong or where direct proceedings are instituted at the time to set their action aside." SAME. POWER TO EMPLOY AND DISMISS TEACHERS. Section 19. A board of school directors, though a corporation, is possessed of certain specially defined powers, and can exercise no others, except such as result by fair implication from the powers granted. A board of education cannot delegate its powers. This was decided in interpreting an Ohio provision " that in each township district the local directors shall employ teachers of the schools in the subdistrict in which they reside/' " have power to fix the salary or pay of said teachers/' and "shall certify the amount due any teacher for services to the township clerk," etc. The court said : " The local directors of a township school district are not authorized to permit any person to teach or assist in teaching a public school under their control unless employed by them for that purpose. They have no power to delegate the employment of teachers for such schools to any other person or persons, nor to provide for the payment of a teacher thereof, in any other manner than that pointed out." A board authorized to establish and maintain a graded system has power to appoint a superintendent of schools if his services are needed. If a board is empowered to hire teachers and is given the general care of the affairs of a school or a district, it has by implication the right to dismiss a teacher for good cause, not otherwise. Whether boards or committees can make a contract with a teacher for a longer time than to the end of their term of office has been generally decided in favor of such a contract. In a Connecticut case the court said : " It would be a novel and most mischievous doctrine that the officers who manage the governmental corporations of the State could have no power to make 230 SCHOOL LAWS OF IOWA. a contract which was not to be performed within the time for which they were elected to office." The court, in a New York case, said : " To limit the right to employ a teacher for a time not beyond the incumbent's term of office would lead at times to great embarrassments and deprive the district of the opportunity to receive the ser- vices of desirable teachers. An indiscreet or corrupt officer may impose on the district, it is true. The inhabitants of a district and patrons of the school must confide this power somewhere, and their protection is in selecting competent and honorable officers." In the case from which this quotation is taken a sole trustee hired a teacher for a school year commencing six days after the expiration of his term of office, and the con- tract was sustained. In Illinois a similar contract was not sustained, the court saying : " There is doubtless no objection to contracts'for the teaching of terms extend- ing for a reasonable time beyond the current school year when such contracts are entered into in good faith, and not for the purpose merely of forcing upon the district an unsatisfactory teacher or defeating the will of the voters at the annual election. But we think the spirit and intent of the law are clearly repugnant to the idea that one board of directors may, by contracts wholly to be carried out in the future, divest future boards of directors of the power to select the teachers they shall desire for the terms to be commenced after their organization." In Pennsylvania and Missouri it has been said that a contract for the employment of teachers should not extend beyond the current year. SAME. POWER TO REPAIR, EXPEND MONEY, ETC. Section 20. A board can bind a school district by a contract for repairs to a school-house, and that notwith- standing a given sum was voted at the annual meeting SCHOOL LAWS OF IOWA. 231 for specified repairs and had been so expended ; the direction that " the district board shall have the care and keeping of the school-house," the court said, " may not imply the right to re-model or improve, but it implies the right to do all that may come fairly and strictly within the term ' repair.'" " ' Care and keeping,' when used in connection with a trust like this, imply the right to preserve the building in the condition in which it is placed in their custody, to make good the waste and injury to which all buildings, and especially public buildings like a school-house, are subject." A trustee, in purchas- ing a school site, may agree that the district shall build and repair the entire division fence. A board may bind a district for expenses incurred in securing the loca- tion of a highway by its school-house, such expend- itures being allowed as " contingent expenses necessary for keeping the schools in operation." A school board cannot create a debt by erecting a school-house. The charter of the St. Josepn (Mo.) board of public schools authorized it to make an annual estimate of the amount of money to be raised for the purpose of building, repair- ing and furnishing school-houses, and required the county court to cause the same to be levied and collected. It was held that this provision was a limitation upon the power of the board to build school-houses, and that neither this clause nor another empowering the board "to do all lawful acts which maybe lawful and convenient to carry into effect the objects of the corporation," author- ized the board to create a debt for that purpose and issue bonds for its payment. When the qualified electors of school districts are intrusted with the power to determine what sort of school-houses shall be built and the extent of the expenditure therefor, a school board cannot increase the expenditure and bind the district for its payment A 232 SCHOOL LAWS OF IOWA. board may ratify an informal contract for the erection of a school-house, if it is one they had power to make in the first instance. A contract for the erection of a school- house should be made with reference to the funds in the treasury for that purpose. The district board has no authority to draw orders for the payment of claims so arising on a fund which has been proposed but not raised. A board must provide for the payment of claims justly due and judgments, so far as it can, or the courts will be justified in compelling them to do their duty in the premises. Trustees or equivalent officers may take per- sonal property by bequest for their schools. "Devises or bequests to trustees for the purposes of founding a library or school create legal and valid trusts." Public officers cannot contract with themselves as individuals and can- not act judicially on their own interests. They should not occupy two conflicting offices. It is a violation of a trust for several persons holding together a fiduciary relation to others to contract with one or more of their own number in matters relating to such trust. The members of a school board being both public officers and trustees of school property, a contract between it and one of its members for the building of a school-house is -voidable in equity by the district. It should not employ one of its number to oversee the completion of a school- house abandoned by the contractor. Public policy will not allow property held in trust by committees for public school purposes to be taken in execution at the suit of a creditor. SAME. GENERAL LIABILITY. Section 21. School officers are not personally and individually liable for the violation of contracts made in the course of their official duty. Where trustees had violated their contract with a teacher the court said, SCHOOL LAWS OF IOWA. 23& "that the mere violation of the contract by the trustees in their official capacity, which they had entered into for the corporation, did not render them personally and individually liable." Being public officers, and contract- ing as such, they are not personally responsible, it being the law that public officers are not liable on any contract they may make within the line of their duty. Suit will not lie against an unincorporated board of subdirectors. An agreement signed by directors in an official capacity and attested by their secretary does not bind the directors as individuals and is binding upon the district. School officers, in matters requiring the exercise of discretion, are not answerable in damages for honest errors in judg- ment In Massachusetts it has been said that ordinarily school officers are not accountable to individuals who may be aggrieved for the manner in which they exercise their public functions. In Missouri the court said : " School directors are elected by the people, receive no compensation for their services, are not always or frequently men who are thoroughly informed as to the best modes of conducting schools. They are authorized, and it is their duty, to adopt reasonable rules for the government and manage- ment of the school, and it would deter responsible and suitable men from accepting the position if held liable for damages to a pupil expelled under a rule adopted by them under the impression that the welfare of the school demanded it, if the courts should deem it improper." In an Illinois case the court said : " A mere mistake in judgment, either as to their duties under the law or as to facts submitted to them, ought not to subject such officers to an action. They may judge wrongly, and so may the court or other tribunal, but the party complaining can have no action when such officers act in good faith and 234 SCHOOL LAWS OF IOWA. in the line of what the}' think is honestly their duty. Any other rule might work great hardship to honest men who, with the best of motives, have faithfully endeavored to perform the duties of these inferior offices. Although of the utmost importance to the public, no considerable emoluments are attached to these minor offices, and the ■duties are usually performed by persons sincerely desiring to do good for their neighbors without any expectation of personal gains ; and it would be a very harsh rule that would subject such officers to an action for damages for every mistake they may make in the honest and faithful discharge of their official duties as they understand them." It is not in the line of duty for trustees to refuse a person expelled from a school th-3 quiet en joyment of an exhibition held by a literary society of the school in the school building. In charging the jury in such a case the judge gave an instruction that " to say that a student expelled from a school for disobedience to some municipal regula- tion should be excluded from attending a prayer meeting or public lecture in the school-house or college premises for all time to come, without any evidence of improper conduct or suspicion of improper purposes, would be an exercise of tyranny over his private rights not vested in the trustees, directors or professors of our educational institutions." If a committee use violence in dispossessing a teacher, the person or persons so doing are individually liable. SAME. LIABILITIES FOR NEGLIGENCE. Section 22. A school board is not liable in its cor- porate capacity for negligence in the discharge of its official duty in the erection and maintenance of a com- mon school building. In the case cited the court, in an opinion by Judge Ashburn, said : " Owing to the very limited number of SCHOOL LAWS OF IOWA. 235 corporate powers conferred on them, boards of education rank low in the grade of corporate existence, and hence are properly denominated quasi-corporations. This desig- nation distinguishes this grade of corporations from municipal corporations, such as cities and towns acting under charters or incorporating statutes, which are vested with more extended powers and a larger measure of corporate life. This superior grade, from the nature of their organization, benefits received, and power to raise needed funds, are held responsible by the common law for private personal injuries caused by their own negli- gence or that of their servants, whilst the inferior grade of public quasi -corporations are liable for damages result- ing from their negligence only where made so by express legislation. This grade includes the defendant [board of education]. It possesses but limited powers and small corporate life ; a corporation in some sense political, but in no sense a municipal corporation." A different line of argument has been taken in New York, substantially as follows : In addition to being a governmental agency a board of education is also a corporation. This being so the courts have held it responsible for its own contracts ; being subject to such obligations, it is difficult to see why it should not be liable to an action for the neglect of a duty imposed upon it by law. When it is specially incorporated it must be so ; for in that way it is raised from a quasi into a responsible corporation. Its mem- bers become the living agents through which the corpora- tion manifests itself, exercises its powers, and is liable for neglects. Thus the law stands in New York that a specially incorporated board of education is liable for negligence in the performance of its duties. As to what would constitute negligence in permitting a hole in the school-house floor to remain open, Judge Folger, in a. 236 SCHOOL LAWS OF TOWA. case already cited, said : " If, in the proper discharge of their duty, they had gone to the building, and, looking for defects threatening immediate danger, had found this hole, then they would have had actual and personal knowledge of it, and would have been in fault if having public means to do it they had not amended it. If so going they had made so careless an inspection as not to see what was so plain, then they would have been faulty. If they did not go at all and took no heed of the liability to danger from the general and particular defects of a building in their charge, which they kept open for the use of many people, then they egregiously failed in doing their duty." TREASURER. Section 23. The reception of a treasurer's bond by the board of education is a sufficient approval of him. He may not receive for school moneys anything which the law has not authorized to be so received, and if he does so and receipts for taxes on that account he must make good the amount. He is the only proper custodian of school moneys. His liability is absolute for all funds which come into his hands in his official capacity, regard- less of the cause of, or circumstances attending, loss. He is not entitled to credit for sums paid to a township in excess of the funds received for it. The failure of a bank where he had deposited funds docs not release him, though he was not guilty of any want of care or prudence in failing to ascertain its financial condition. The school district has no authority to release him from liability for money lost or misapplied by him. A stipulation in his bond against liability for non-performance occasioned by inevitable accident does not protect him or his sureties. The liability of a township treasurer is distinct from his ordinary liability for township moneys, and he cannot be SCHOOL LAWS OF IOWA. 837 released from duties or any way affected by the action of the township board. In an Iowa case, the court com- mented on the necessity of a strict compliance with the terms of the bond of a treasurer, as follows : " He is bound by the obligation of the bond, not to exercise due care and diligence in the discharge of this duty, but to perform it absolutely, without conditions or exceptions. He is to hold the money of the district. This is the provision of the law. His contract, expressed in the bond, binds him to the discharge of this duty He will not be relieved from the contract by showing any degree of diligence or care which falls short of absolute compliance with the terms of his contract. His liability rests upon the conditions of his bond, and if by them he is required to do an act which, without his fault, becomes impossible on account of anything occurring subsequently to the contract, he will not be released. These rules are applic- able to all contracts, and the public interest demands that, at this day, when public funds in such vast amounts are committed to the custody of such an immense number of officers, they should not be relaxed when applied to official bonds. A denial of their application in such cases would serve as an invitation to delinquencies,which are already so frequent as to cause alarm." HIGH SCHOOLS. Section 24. A decision sustaining the right of a school district to levy taxes for the support of a high school in which ancient and modern languages were taught was rendered in Michigan not long ago. In giving the opinion of the court, Judge Oooleysaid: "Neither in our State policy, in our constitution, nor in our laws, do we find the primary school districts restricted in the branches of knowledge which their officers may cause to be taught, or the grade of instruction that may be given, 238 SCHOOL LAWS OF IOWA. if their voters consent in regular form to bear the expense and raise the taxes for the purpose." In Illinois it has been decided that the high school is a legitimate part of the system of schools established by virtue of a clause in the constitution which says : " The general assembly shall provide a thorough and efficient system of free schools, whereby all the children of this State may receive a good common school education." The court remarked : " While the constitution has not defined what a good common school education is, and has failed to prescribe a limit, it is no part of the duty of the courts of the State to declare by judicial construction what particular branches of study shall constitute a common school edu- cation." Similar ground has been taken in Mississippi- If an act proposed to be done by the proper officers in establishing a high school be within the scope of the authority delegated, it is not competent for even a court of equity to interfere with the exercise of discretion given by statute, unless it be clearly shown that the power has been or is about to be corruptly used. EXPELLING PUPILS FROM SCHOOL. Section 25. a In some cases it is required by the best interests of all the pupils of the school. Irregular at- tendance of pupils not only retards their own progress, but interferes with the progress of those pupils who may be regular and prompt. The whole class may be an- noyed and hindered by the imperfect recitations of one who has failed to prepare his lessons on account of ab- sence. The class must endure and suffer the blunders, promptings, and reproofs of the irregular pupil, all re- sulting from failure to prepare lessons which should have been studied when the child's time was occupied by di- rection of the parent in work or visiting. "Tardiness, that is, arriving late, is a direct injury to SCHOOL LAWS OF IOWA. 239 the whole school. The confusion of hurrying to seats, gathering together of books, etc., by tardy ones, at a time when all should be at study, cannot fail to greatly impede the progress of those who are regular and prompt in attendance. The rule requiring prompt and regular attendance is demanded for the good of the whole school." In the Vermont decision it was said that in case of casual sickness of the scholar ; of sickness or death in the family of the scholar ; of some impediment, like fire or flood ; and in case of various incidents of current life, giving occasion for temporary detention, the enforcement of the penalty of exclusion for unexcused absence would be adjudged to be unauthorized. SAME. Section 26. A rule which excludes from school a pupil for failure to pay for injuries accidentally done the school-house is not authorized by a clause permitting suspension of a pupil for a breach of discipline or an offence against good order. The court said : " The State does not deprive its citizens of their property, or their liberty, or any of their rights except as a punish- ment for a crime. It would be very harsh and obviously unjust to deprive a child of education for the reason that through accident and without intention of wrong he destroyed property of the school district. Doubtless a child may be expelled from school as a punishment for breach of discipline or for offences against good morals, but not for innocent acts." A rule that would bar the doors of a school-house against little children, who come a great distance in cold, winter weather, for no other reason than that they are a few minutes tardy, is unrea- sonable and therefore unlawful. SUSPENSION OF PUPILS IN THE ABSENCE OF RULES. Section 27. The law governing the suspension of 240 SCHOOL LAWS OF IOWA. pupils by a teacher in cases where no rule requiring it exists has been clearly stated recently in Wisconsin in an opinion by Judge Lyon, from which the following ex- tended quotation is taken : " While the principal or teacher in charge of a public school is subordinate to the school board or board of education of his district or city, and must enforce rules and regulations adopted by the board for the government of the school, and execute all its lawful orders in that behalf, he does not derive all his power and authority in the school and over his pupils from the affirmative action of the board He stands for the time being in loco parentis to his pupils, and, because of that relation, he must necessarily exercise authority over them in many things concerning which the board may have remained silent. In the school, as in the family, there exist on the part of the pupils the obliga- tions of obedience to lawful commands, subordination, civil deportment, respect for the rights of other pupils, and fidelity to duty. These obligations are inherent in any proper school system, and constitute, so to speak, the common law of the school. Every pupil is presumed to know this law, and is subject to it whether it has or has not been re-enacted by the district board in the form of written rules and regulations. Indeed, it would seem impossible to frame rules which would cover all cases of insubordination and all acts of vicious tendency which the teacher is liable to encounter daily and hourly. If the offender is incorrigible, suspension is the only remedy. INDEX TO LAW. Accounts, auditor keep, 26 (1781); boards examine, 12 (1732); secretary keep, 14 (1743); superintendent keep. 22 (1769) ; treasurer keep, 16 (1747), 27 (1784). Affidavit, contents, 43 (1831); when made, 43 (183 J); filed, 43 (1830). Apparatus, purchased, 11 (1729), 35 (1807); debts. 11 (1729). Appeal, from action of appraisers, 43 (1827); delay work, 43 (1827). Appeals, who take, 43 (1829); for w! at, 43 (1829); time, 43 (1829); to whom, 43 (1829); basis, 43 (1830); from decision of county superintendent, 41 (1837); to state superintendent. 44 (1835); to courts, 42 (1827), 44 (1836); postage, 44 (1836). Apportionment, auditor make, 26 (1781). Appraisers, appointed, 42 (1827); by whom appointed, 42 (1827); duties, 42 (1827); report in writing, 42 (1827); action appealed from, 42 (1827). Appropriation, state institute, 47 (1584). Arbitrators, chosen, 5 (1715). Assets, adjusted, 5 (1715), 40 (1820). Auditor, apportion tax, 2; organize, 9 (1721), 33 (1802), 40 (1820); elect Dresident, 9 (1721), :;3 (1802); elect secretary, 9 (1721), 33(1802); elect treasurer, 9 (1721), 33(1S!2); time of election, 8 (1718), 33 (1802), 5 (1714), 35 (1808); numb r Qf members, 9 (1721). 33 (1802); regu- lar meetings, 9 (1722); special meet- ings, 9 (1722) ; place of meeting, 9 (1722); obtain highways, 6(1717); makecontracts.etc.,9 (1723); adver- tise for bids, 10 (1723); carry out vote of district, 9 (1723); consult superintendent, 9 (1723) ; ta e bonds. 10 (1723), 11 (1731); select school house site, 10(1724); determine num- ber of schools, 10 (1724); fix term of school, 10 (1724); determine where pupils may attend school, 10 (1725); rent room, 10 (1725); form sub district, 10(1725); establish graded schools, 10 (1726); select teachers, 10 (1725); make rules, 10 (1726); adopt text books, 1 1 (1723); purchase apparatus, 11 (1729); contract no debts, 11 (1729), 71 (1); appoint temporary officers, 11 (1730); exam- ine accounts, 12 (1732); make settle- ment, 12 (1732 ; make statement of accounts, 12 (1732); publish state- ment, 37 (1813); publish estimate, 37 (1813); audit claims, 12 (1733); fix compensations of secretary and treasurer, 12(1733); visit schools, 12 (1734); aid teachers, 12,(1734); dis- miss teachers, 12 (1734); suspend pupils, 12(1735); require secretary to report, 13 (17.6); establish rules for government of sub-director, 13 (1737); quorum, 13 (1738); restricted, 13 (1738); act when district is divid- ed, 5 (1714); equalize assets and liabilities, 5(171j),7i (2); administer oaths, 9 (1790); take oath, when, 29(1790): pav judgment, 28 (1787); form nub districts, 30 (1796); change" boundaries, 30 (1796); establish boundaries, 37 (1812); elect officers, 37 (1812); submit questions to elect- ors, 64 (2); revise election register, 64(3); appoint judges. 65 (5); can- vass vote, 65 (6); provide payment of bonds, 41 (1823), 67 (2); insure 2i: from contingent fund, 71(1); con- tract no debts fur insurance, 71 (1); not use barb wire, 75 (3); subject to fine, 75 (3); estimate taxes, 24 (1777;; pay appraisers, 43 (182i). Bonds, official, of whom required, 10 (1723), 11 (1731), 51 (1699 , 52 (1704), 57 (4); when required, 10 (2723), 11 (1731), 51 (1699), 52 (17v4), 57 (4); amount of, 10 (1723), 11 (1731), 51 (li.99), 52 (1704), 57 (4); filed, 12(1731). Bonds of indebtedness, district issue, 40(1821)— ( 82*), 67(1); amount not to exceed, 40 (1821); denomination, 40 (1822i; signed, 41 (1822), 67 (1); interest, 40 (1821), 67 (1); time to run, 40 (18*1), 69 (3); registered, 68 (3); negotiated, 41 1 1822), 67 (1), 68 (2); cost, 68 (2); payment provided, 67 (2); how redeemed, 40 (18*1); when payable, 40 (18*2), 67 (2). 68 (3), 69(3); payable from, 41(1823); issue to pay judgment, 60 (K67 (1); to fund indebtedness, 68 (1); vote, 68(1). Boundaries, change civil township, 5 (1715); sub districts established, 10 (1725); change sub districts, 31 (1796); of independent districts established, 32 (1801), 37 (1812), 38 (1814); changed or abandoned, 36 (1811), 71 (1;; change takes effect, 31 (1796): superintendent may change, 31 (1797). Branches, be taught, 20 (1766); teach- ers examined in, 20 (1766); required for state certificate, 72 (4); required for state diploma, 73(4); special or foreign languages, 20(1766). Certificate of election, by whom is- sued, 8 072;)-. 26 (1783), 65 (6); to whom given, 8 (1720), 26 (1783), 65 (6). Certificate, county, 20(1766); to whom issued, 21 (1767); term to run, 21 (1767); who may grant, 21 (1767-; fee, 21 (1769); shall be recorded, 21 (1768); revoked, 22(1771). Certificate, state, 72 (3); requisites, 72 (4); by whom issued, 7'* (3); fee, 73 (6): time to run, 73 (5); registered, 73(7); revoked, 73 (5). Character,teacherhavemoral,21(1767). Children, [see pupil]. Claims, must be allowed, 12 (1733). Compensation, of county supeiintend- ent, 23 (1776); of secretary, 12 (1733); of treasurer, 12 (173 i); of teacher, 18 (1"57); directors, 13 (1738); of trustees of normal school, 57 (2); of trustees of county high school, 53 (1712); of state bo >rd of examiners, 74 (8); treasurer of nor- mal school. 57 (o); secretary of normal school, 57 {3). Contingent fund, what constitutes, 16 (1718;; separate accounts kept, 16 (1718); used for purchase of appa- ratus, 11 (1729.; use to insure, 71 (1). Contracts, made by board, 9 (1723); for insurance legalized, 70 (1); sub- director make, 17 (1753); signed, 18 (1757); sureties, 10()723); president approve, 18 (1753 : president sign, 13 tl739); filed, 18(1753); advertise for bids, 9 ( 17*3) ; trustees of county high school make, 53 1 1705). Conventions, state superintendent call, 45 (1577). Counsel, employed, 14(1740). County high school, established, 50 (1697); object, 50(1697); petiiionfor, 50 (1698), submit question of estab- lishing, 51 (1698); vote on establish- ing, 51 (1698); trustees appointed, 51 (1699), 55(1711); trustees elected, 51 >1700); county superintendent president of board, 52 (1701 >; secre- tary and treasurer members of board, 52(1701); supported by tax, 52(1702); tax limited, 52 (1702); tax; how collected, 52 (1703); treasurer give bonds. 52 (1704); site for build- ins, 53 (1705); how obtained, 53 (1705 ; teacher of, 53(1706); students assist, 53 (1706); tuition, 53 (1707); rules and regulations, 53 (1707); pupils from other counties, 54 (1708); pupils may be expelled, 54 (1709); annual report of, 54 (1710). County superintendent, may not hold other office. 2 » (1765); hold exami- nations, 20 (1766i; have assistants, 20 (1766); duties, 20 (1766), 21 (1769). 22 (1772), 23 (1774—1775), 31 (1797); grant certificates, 21 (1767); keep records, 21 (1768); hold institute, 21 (1769); collect fees, 21 (1769); turn over monejs, 24(1: 69) ; draw orders on institute fund. 22 (1769); deputy, 22 (1770); revoke certificate, 22 (1771); reports required of, 22 (1772), 23 (1775),21 (1769); penalty for failure to report, 23 (1773); conform to instructions of state superintendent, 23 (1771); visit schools, 23 (1774); compensation, 23 (1776i; file sworn statement, 24 (1776); file statement with auditor, 22 (1772); receive postage and stationery, 23 (1776); may change boundaries, 31 (1797); appoint appraisers, 42 (1827); notify parties of appeal, 44 (1833); admin- ister oaths. 44 (1834); try appeal, 44 (1834); hear testimony, 44(1831); not to receive additional compensation, 44(1836); be president of trustees of county high school. 52 (1701); recommend plans, 9 (1723); permit school year to be shortened, 11 (1727); require reports of teachers, 243 12(1734); receive reports, 15 (1745), 17 (1751); notified when school be- gins, 15 (1744); give certificate for special branches, 21 (176(3); serve personal notice, 22 (1771). County treasurer, pay moneys, 27 (1784); time to pay, 27(1781); render statement, 27 (1784 1; keep tax sep- arate. 27 (1784); separate account with independent district, 27 (1784); books open for inspection, 27 1784i; give notice to president quarterly, 27 (1785). Damages, amount of. 42 (1827); where deposited, 42(1827). Debts, how paid, 35(1807); contract none for insurance. 71 (1). Decision, be appealed from, 43 (1829); of county superintendent, 44 (1835); of superintendent of public instrue. tion,44 (1835); when published, 4ti (1579,. Degrees, state university may confer, 49 (1595). Diploma, state university may confer, 49(1595); board of examiners may issue, 72 (3); time to run, 73 (5); may be revoked, 73 (5). Directors [see board of]. Directors of normal school, how chosen, 57 (2); number, 57 (2); term of office, 57 (2); compensation, 57 (2); vacancy, how filled, 57 (2); offi- cers of board, 57 (3); duties, 57 (4), 58 (5), 59 (6— 7). 60 (9) District, defined, 5 (1713); officers of when divided, 5 (1714); assets and liabilities, 5 (17 1 5); have corporate powers, 6 (1716); meetings of, 35 (1808), 38 (181 ), 40 (1822), 62 (2), 6 (1717); how united, 36 (1811), 38 (1814). District township, consists of civil townships 5 (1713); left without officers, 5 (1714); divided into sub- districts, 10 (1725); directors act when divided, 5 (1715); no power over independent districts, 29 (1792); new, organize when, 5 (17i5); of assets and liabilities, 5 (1715); formed, 35 (1809); arbitrators chosen, when, 5 (1715); corporate name, 6 (1716); meeting, annual, 6 (1717); meeting, special. 7 (1717 1 /?); powers of meeting, 6 (1717); briug suit, 12(1731), 17 (1751). 15 (1746); liable for tuition. 29 (1793); formed into independent districts, 38 (1814); formed from independent districts, 39 (1817). District, independent [see independ- ent district]. District township meeting, when held, (1717); how called, 7 (1717), 14 (1713); powers of, 6 (1717),7 (1717&); officers of, 6 (1717); direct sale of property, 6 (1717); determine branches to be taught, 6 (1717); delegae powers to board, 6 (1717); vote tax, 6 (1717). 28 (1718); change funds, 7 (1717); change text books, 11 (1728); hear statement of board, 12 (1732); direct control of school- house, 17 (1753); vote foreign lan- guage taught, 2"> (1763); time to organize, 28 (1789); length of, 28 (1789). Drafts, president draw, 13 (1739). Election, when held, 5 (1714), 7 (1818), 33 (1801), 35 (1808), 40 (I8i2), 51 (lt.98). 51 (1700); called by trustees, 5 (1714), 39 (1816); called by board, 7 (1717^); called by sub-director, 8 (1718); notice required, 5 (1714), 7 (i717fc),8 (1718), 14 (1742), 33 (1801), 39 (1816), 40 (1802), 51 (1K98); tie vote, 35 (1808). 8 (1719); for forming independent di-tricr, 33 (1802), 36 (1811), 37 (1812); how conducted. 34 (1803): judges of, 8 0719), 34 (1803), 35 (1808), 65 (6); for abandoning in- dependent districts, 39, (1816); for establishing countv high school, 51 (lh98); in town, 63 (3); separate polling place*. 64 (1). Eligibility, women to school office, 60 (•)• English shall be taught. 20 (1763). Examination, time of holding, 20 (1766); branches to pass in, 2)(i766); special branches, 21 (1766); certifi- cate given if satisfactory, 21 (1767); to be public, 21 (1768); record kept, 21 (1768; for state certificate, 71 (1), 72(4). Examiners, state board, created,71 (1); who constitute, 71 U)» 72 (1); term of service, 72 (l); time and place of meeting. 72 (2); call assistance, 72 (2); make rules, 72 (2); keep record. 72 (.2) ; issue certificate and diplomas. 72 (3); how paid, 74 (8); render ac- count, 74 (9). Pee, for examination, 21 (1769); for institute enrollment, 21 (1769); for state certificate, 73 (6); when return- able, 73 (6). Fines, from district officers, 28 (1786); from members of board, 28 (1786); county officers, 08 (1786); how ap- plied, 28 (1786); of secretarv, 15 (1746); of treasurer, 17 (1751); of county superintendent, 23 (1773); for misapplication of money, 29 (1791); failure of oirector to make statement, 3. (1813). Foreign language, may be taught, 20 (1763). Forms, 1. Proceedings of district township meeting, 195. 2 Notice for annual meeting in eubdistrict, 196. 3. Proceedings of annual sub 2U district meeting, 197. 4. Certificate of election, director, 198. 5. Certifi- cate of tax voted bysubdistrict, 198. 6. Certificate of election, officers, 199. 7. Notice of district township meeting. 199. 8. Treasurer's ac- count, 20D. 9. Teacher's contract. 201. 10. Teacher's term report, 2< '2. 11. Revocation of certificate, 203. 12. Certificate of tax to supervisors. 204. 13. Notice, permitting pupils to attend school in adjoining district, 204. 14. Affidavit of appeal, 205. 15. Notice of appeal, 205. 16. Secretary's transcript in appeal, 206, 17. Notice of hearing appeal, 206. 18. Certificate to superintendents' transcript, 207. Fund, institute, [see institute]. Fund to, a judgment, 61 (1), 67 (1); indebtedness. 68 (1). Funds, kinds, 16 (1748); how constitut- ed, 24 (1777); lack of, 41 (.824); keep separate accounts, 16 (1748s order specify, 16 (1748;; board to estimate, 24 (1777); amount levied for each, 24 (1777); permanent, 26 (1781); secretary to keep accounts with each, 26 (L782), 14 (1741). German, may be taught, 2l (1763). Graded schools, established, 10 (1726). High schools, county, established, 50 (1697); object, 5 J (1697); how estab- lished, 50 (1698), 51 (1699). Independent district, organization to continue, 5 (1713); witnout officers, 5 (1714); assets and liabilities, 5 (1715); name, (1716), 6i (4); how constituted, 32 (1800 , 36 (1811); cor- poration, when notmeant, 32 (leOO); contiguous territory,32 (1800); meet- ing, to organize, 33 (1802;, 38 ( 814); organization completed, 34 (1804 >; notice of meeting, 33 (1801); direct- ors, 33 ( 18n2), 35 (18U8) ; term of office, 33 (1802); number of schools, 34 (1806); government of schools, 34 (1806); organization abandoned, 36 (1809); formed from two counties, 37 (1812); may unite, 36 (1811); man- ner of uniting, 36 (1811); change boundaries, 38 (1814); incorporate towns not affected, 38 (1814); sub- divide, 61 (1), 62(2—3); contain four sections, 62(1); exception, 62 ().); include incorporated towns, 71 (1). Indebtedness, not exceed, 40 (1821). Industrial exposition, boards may maintain, 55 (1); nature of, 55 (2), 56 (3—4—5); kinds of work, 55, (2), 56 (5); when held, 56 (6). Insurance, legalized 70 (1); boards may, 71 (1); paid from. 71 (1); con- tract no debts for, 71(1). Insttute, schools closed. 19 (1762); teachers attend, 19 ( .6-0; shall be held, 21 (1769); time of holding, 21 (1769). 47 (1584); assistance, 21 (1769); expenses, 21 (1709); fee, 21 (1769); slate aid, 47 (1584); appointed by, 47 (15b4); length, 47 (1584). Institute fund, how constituted, 21 (1709). 47 (1584); disbursed, 22(1769); transferred, 48 ('584). Interest rate on bonds, 40 (1821), 68 (1); be paid, 67 (2); orders bear, 41 (1824); when paid. 40(1821), 67(1); rate to counties, 66 (3); on interest, 66 (2); failure to vote, 41 (1823); rate of on permanent school fund, 66 (1). Journal, may take, 46 (1581). Judges of election, 3 (1719), 34 (1803), 35 1808), 65 (5); vacancies, how filled, 65 (5); president and secre- tary to act, 8 (1719), 34 (1803); secre- tary and director, 35 (1808); director and elector, 65 (5). Judgment, director shall pay, 28 (1787); district shall provide for payment, 28 (1787); board provide for payment, 67 (2); to recover per- manent school fund, 66 (5); issue bonds to pay, 61 (1): issue bonds to fund, 67 (1); county superin- tendent not reader for money, 44 (1836). Laws, beuublished, 45 (1579); price, 46 (1579); gratis, when, 46 (1579). Language, English be taught, 20 (1763); foreign be taught, 20 (1 ,63). Liabilities adjusted, 40 (1820). 5 (1715). Library, may procure, 7 (1717), 35 (1807). Loan, independent district make, 40 (1821); how made, 4) 0822); electors vote to make, 40 (1822); of perma- nent school fund, 66 (6); interest on, 40(1821); time to run, 40(1821). Maps, boards purchase, 11 (1729). Meeting, to choose sub-director, 7 ( 1718) ; of township electors, 6 (1717) ; of independent districts, 35 (1808); of board, 9 (1722). 35 (1808); special of board, 9 (1722); notice of [see notice"!; to change boundaries, 62 (1); to vote bonds, 40 (1822); to con- solidate districts, 36(1811). Militia, service in by minor, 11(1727). Money, independent districts may borrow, 40 (1821); other districts may borrow, 67 (1), 68 (1); misappli- cation, j9 (1791). Month, consist of, 19 (1761); mini- mum of school in year, 11 (1727). Name, of independent district, 63 (4); may be changed, 63 (4); of district township. 6 (1716). Normal school, state established, 67 (1); object of, 56 (1); where located, 57 (1); directors, how chosen, 57 (2): management, 57 (2); officers or board, 57(3); how chosen, 57 (3); 245 vacancies of board, how filled, 57 (2); compensation of directors-, 57 (2); of officers, 57 (3); officers give bonds, 57(3); terms of admission, 58(5); contingent expenses, 58 (*>); teac-0(1698). P.at, of district, 31 (1796); written, filed, 31 (1796); description of, record- ed, 31 (1796). Poll-book, when used, 65 (5). Polling places, separate, 64 (1); how conducted. 64 (3). Polls, open, 28 (1789), 65 (5). Postage, for appeal case, 44 (1836); county superintendent, 23 (1776). President, member of board, 9 (1721): vote, 9, (1721): when chosen, 9 (1721); make drafts, 13 (1739); pre- side at meetings, 13 (1739); sign orders. 13 (1739); sign contracts. 13 (1739); administer oaths, 13 (1739); appear for district, 14 (1740); call meetings. 9 (1.22); temporary, 11 (1730); vacancy, how filled, 11 (1730); c -incur in expelling pupil, 12 (1735); approve contracts, 18 (17 7); dismiss pupil. 18 (1756); sign warrants. 26 (1782); certify account, 30 (1733); sign bonds, 41 (182.'). President of state university, how chosen, 49 (1598); member of board, 48 (1587); report, 49 (1600). Principal, of county high school. 53 (1 706) ; how chosen , 53 ( 1706) ; duties, 54 ^17091. Pupils, attend school, where, 10 (1725); in any sub- district. 30 (1795); be suspended, 12 (1735); number re- quired, 10(1725); teacher for, 5, 10 (1725); legal age of 11 (1727); enumerated, 18(1754); dismissed, 18 (1756); re-admitted, 18 (175(5); regis- ter of attendance kept, 19 (1759): read Bible, 20 (1764); attend school in ad- joining district, 30 (1794): tuition, 30(1794): temporary residence of, 30 (1791); residence, when acquired, 30(1794). Quorum of board, 13 (1738); less num- ber adjourn, 13(1733). Receipts should be taken, 29 (1791), 41 (1822). Records, teacher keep, 12 (1731); sec- retary keep, 14 (17H); treasurer keep bonds, 69 (3); county superintend- ent keep, 2' (1768); transcript of, filed, 44 (1832); board of examiners keep, 72 (2). Regents of state university, 48 (1587); who constitute, 48 (1587); how chosen, 48 (1587); make rules, 49 (159-0; appoint president, 49 (1596); elect teachers, 49 (ir.96); fix salaries, 49 (1596); remove officers, 49 (1596); purchase apparatus, 49 (1597); re- port, 50 (1601). Register, teacher keep, 19 (1759); teacher file copy, 19 (1760), separate, when, 19 (1759). Registry of bonds. 61 (3). Regulation, board may make, 12 (1734). 13 (1737). Repairs made by contract, 9 (1723), Report of superintendent of public instruction, 47 (1583 1; of county superintendent, 22(1772), 23 (1775); of auditor, 26 (17b3); of secretary, 15 (1745); secretary preserve copies, 14 (1741); of sub-director, 18 (1755); when printed, 47 (1583); of treasurer, 17 (1751); president of university. 49 (1600); board of regents. 50 (1601); county highschool, 54(1710); failure of county superintendent to make, 22 (1773);trusteesof normal school,60(«) Residence acquired, 30 (1794); tempo- rary, 30 (1794). Rules, board establish, 12 (1734). 17 (1753), 13(1787) Sale, electors direct, 6 (1717). Scholar, [see pupill. 246 INDEX. School fund, amount loaned to one person, 66 (6); interest on, 66 (1); interest charged to county, 63 (3). Schools, number of, 10 (1724); dura- tion, 10 (1724), 11 (1727); graded, 10 (1728 ; in sub-di-); qualify, 9 (1721); bow chosen, 9 (172 1); when elected, 9 (1721); post notices, 14 (1742). 39 (1818); member of board, 9 (1721); compensation, 12 (173i); report, 15 (174.3); notify superintendent, 15 (1744); file certificate of election, 13 (1736); countersign orders and war- rants, 14 (1741); file transcript 44 (1832); failure to report, 15 (1716/; certify taxes, 24 (1777); 34 (1804); vote, 9(1721). Site, district hold, 41 (1825); size, 42 (1825); refusal of owner to grant, 42 (1827); distance from residence, 42 (1826;) on highway. 42 (1826); how taken, 42 (1827 ; title, 43 (1828); for county high school, 53 (1705). Sex, either hold office, 60 (1). Statement, financial, published, 37 (1813); when posted, 37 (1813); an- nual. 12 (1732). Stationery, county superintendent, 23 (1776). State university, objects, 48 (1535); course of study, 48 (1585); who ad- mitted, 48 1585); terms of admis- sion. 43 (1585); not under religious control, 48 (1586); how governed, 48 (1587); regents of, 48 (1587); depart- ments and courses of study, 48 (1589); report of, 50 (1601); confer degrees. 49 (1595). Sub-director, when elected, 7 (1718); 31 (1793); take oath, 17 (1752^; failure to qualify, 17 (1752); under direc- tion of board. 17 (1753); control school-house, 17 (1753); contracts be approved, 17 (1753); make numera- tion, 18 (1754); report to secretary. IS (1755); dismiss pupil, 18 (1756)1 visit schoo , 18 (1756); give consent for pupil to attend from adjoining district, 30 (1795); administer oath, 29 (1710); special election for, 5 (1714); give notices of meeting, 8 (17 8); when from district at-large, 9(1721); deliver books to successor, 29 (1791). Sub-district, when organized, 39 (I817>; when formed, 30 (1796); by whom, 3) (1796 1 ; boundaries, how changed, 30(1796); when changed, 30(1796); conform to congression- al lines, 31 (1796); plat of, made, 31 (179o); change of boundaries, take effect, 31 (1796): size of, 10 (1725); have three directors, 8 (!720>; num- ber of schools iu, 11 (1727); how taxed for school-house, 24 (1778) ; pupils may attend in anoth r, 30 (1795); meeting, annual, 30 (1817), 7(1718). Sub district meeting, when held, 7 (1718); 39(1817); notice of, 8 (1718); powers, 8 (1719); lime of organiz- ing, 28 (1780); vote canvassed, 8 (1719); hour of meeting, 28 (1789); officers of, 8(1719). Suit at law, president t) appear, 12 (1731), 14(1740), 15(1746). Superintendent, [see county superin- tendent!. Superintendent of public instruction, general supervision, 45 (1577); hold conventions, 45 (1577); attend insti- tutes, 45 (1577); lecture and assist, 45(1577); give written opinion, 45 (1577); hear appeals 45, (1577); office of, 45(1578); file pipers, 45 (1578); keep record, 45 (1578); publish laws, 45 (1579); supply laws, 46 (1579); make reports, 47 (1583); print re- port, 47 (1583); appoint institutes, 47 (1584). Sureties to bonds, 10(1723), 11 (1731), 57(4). Supervisors, provide room for county superintendent. 20 (1766); a'low county superintendent additional compensations, 23 ( 1776« ; levy taxes, 24 (1777). 25 (1779), 34 (1804 , 69 (6); restricted in levy, 25 (1779), 28 (1788); make and extend loan, 28 (1 . 88) ; establish county high school, 51 (1698); appoint trustees for county high school, 51 ( 1698); change bound- aries for civil townships, 32 (1799); make appropriation for normal institute, 22 (1769); pay tuition, 63(1). Taxes, estimated, 24 (1777), 34 (1804), 52 (1702); when estimated, 24 (1777), 52 (1702); when levied 13 (1738), 34 (1304), 24 (1777). 52 (1702); by 247 •whom levied, 24 0777), 5} (1702); levy limited, 25 (1780); county levy, 25 (1779;; school-house, 23 (1780.; teachers, 25 (1730); contingent, 25 (1780); how proportioned, 24 (1778), 25 (1778>; vote mills, 56 (1); to pay bonds, 69(6); board vote, 41 (1823); certified to, 25(l78J), 34 (18 J4); how- payable, 25 (1779); void, 31(1804). Teachers, duties, 12 (1734); be dis- charged, 12 (.17:14); have certificate. 19(1758); contract, 18(1757); k.ep register, 19 (1759); file report, 19 (1760); contract with, 18 (1757); keep separate register, )9 (1759 1; exam- ined, 20 (1766); character of, 21 (1767); fees, 21 (1769); personal de- fense, 22 (1771); of county high school, f>3 (1706). Teachers' fund, [see fund]. Territory, how acquired, 32 (1799); restored, 31 (1797), 32 (1798); con- dition of restoration, 31 ( 1797). Text books, adopted. 11 (1723); when changed, 11 (1738); by whom changed, 11 (1728). Title, how acquired, 42 (1827); for school purposes only, 43 (.1828); reverts, 43(1828). Transcript, be filed, 44 (1832); certi- fied to. 44 (1832); when filed, 44 (1832) Treasurer, duties of, 16(1747—49—50), 17 (1751 1 ; how chosen, 33 (18j2); 9 (1721); vote, when, 9 (1721); give bond, 11 (1731); compensation, 12 (1735): submit accounts, 12 (1732); hold moneys, 16 (1~47); pay on order. 16(1748); keep accounts, 16 (1747); keep funds separate, 16 (174S), 27 (1784); make partial pay- ment, 16(1748); receive moneys, 16 (1749); register orders, 16; (1750) make statement. 16 (1751); book open, 17 (1751);. report of, 17 (1751); file report, i7 (.1751); fine of, 17 (1751); negotiate bonds, 41 (1^22); 6ign bonds, 41 (1822); keep record of bonds, 69 (3); aed bonds, 68 (2); of state normal school 57 (2); of county higU school. 52 (1701). Trustees order election, 38 (1814), 39 (1816), 5 (1714). Trustees, county high school, how appoin ed, 51 (169!)); county super- intendent member of, 52 (1701); when elected, 1 (1700); qualifica- tions, 51 (1099); term of office, 51 (1700); give bonds, 51 (1699); duties of, 52 (1702), 53 (1705-6); estimate funds, 52 (1702); select site, 53 (1705); compensation, 55 (1712). Tuition, when paid, 29 (1793), 30 (1794); by whom paid, 29 (1793), 30 (1794); how computed, 30 (1794); account for, filed, 30 (1793); terms of, 30 (1794); collected by auditor, 30 (•793); to county high school, 53 (1707). Vacancy, how filled, 11 (1730); 5 (1714). Visit schools, board, 12 (1734); sub- director, )8 (i 756); county superin- tendent. 23 (1774). Vote, tie, 8 ( 1719) ; by whom canvassed, 8 (1719). 65 (6); by ballot, 33 (1801), 36 (181 0.62 (2); mills, 56(1). Women, eligibility. 60 (1). Wire, barbed prohibited, 74(2); pen- alty for using, 75 (3). INDEX TO APPEAL CASES. Appeal The right of appeal is not limited to cases of personal griev- ance. 139. When an adequate remedy. From the exercise of ordinary discretion in the performance of an official duty, enjoined bv law upon the board, ap- peal may be taken to the county superintendent; but from a refusal to act, or from an action thereon clearly designed to defeat the pur- pose of the law, an application to the courts of law to compel the performance of the enjoined duty will afford the most speedy, and in 6ome cases the only, 'adequate remedy. 160. Board of directors. The board should be sustained in all legitimate and reasonable measures, to maintain order and discipline, to uphold the rightful authority of the teacher, and to prevent or suppress insubor- dination in the school. 153. Charges, must be fully and clearly sustained. 167. Contracts, The terms of a contract may be changed by agreement of the contracting parties. If either party seeks to evade or change its terms, without the consent and to the prejudice of the other, the remedy is a suit at law. 149. County superintendent must try the case upon the basis of facts as they existed at the time the board took action. 171. Discretionary acts. The county super- 248 INDEX. intendent, having only appellate jurisdiction, should not reverse dis- cretionary acts of the board without explicit and clearly stated proof of the abuse of such discretion, even though not fully approving their action. 139. Evidence, parol. Cannot be received in the absence of allegations of fraud, to contradict or impeach the validity of school district records. 143. In the trial for revocation of certificate testimony may ba introduced to establish the general character and disposition of the teacher. 166. Having any bearing upon the case, even though remote, should be ad- mitted on trial before the county superintendent for the revocation of a teacher's certificate. 170. Must be conclusive to warrant the re- vocation of a certificate, upon charges made against the moral character of a teacher. 167. In relation to improprieties said to have been committed several years previous to the trial before superin- tendent, is entitled to little or no consideration. 167. Explanatory notes, force of. Notes to the school law. while proper aids to the school officers, have not tho binding force of law, and a non- compliance with them is not neces- sarily a violation of law. 136. Independent district, formation of. The opportunity to vote upon the question of forming independent districts from the sub-districts of a district township ceased July 4, 1876, by the taking effect of chapter 155, laws of 1»76. 161. New trial. A new trial for the revo- cation of a certificate must be pro- ceeded with as if no trial had been held. 162. Proceedings. In the absence of proof to the contrary, the legal presump- tion is that the proceedings before the county superintendent were en- tirely regular. 136. Punishment, right to inflict upon pupils. The right of the parent to restrain and coerce obedience In children applies equally to the teacher, or to any one who acts in loco parentis. 152. Records. The board of directors may at any time amend the record of the district, when necessary to cor- rect mistakes or supply omissions; and may, upon proper showing, be compelled, by mandamus, to make such corrections 143. Revocation of teacher's certificate. The order of a county superintend- ent revoking a certificate will not be interfered with on sippeal, unless it appears that he acted from passion or prejudice. 131. Opinions unsupported by facts cannot be received as satisfactory evidence of prejudice. 131. A teacher's certificate can be legally revoked only upon proof of charges of which he has had personal notice, and against which he has had the opportunity to make his defense. 150. A person addicted to the use of intoxi- cating liquors, who even occasion- ally becomes intoxicated. is not like- ly to promote correct moral teach- ing in the public schools by his ex- ample, nor to possess such moral character as to entitle him to a teacher's certificate. 151. Effect of. Conditions made in the re- vocation of a certificate must be within the jurisdiction of the county superintendent, and must apply to the whole county. 162. Rules and regulations. Boards of directors and their agents, the teachers, may establish reasonable rules for the government of schools and the control of pupils. 152. The teacher has the right to require a pupil to answer questions which tend t<> elicit facts concerning his conduct in school. 152. The pupil is answerable for acts which tend to produce merriment in school or to degrade the teacher 152. Open violation of the rules of the school cannot be shielded from in- vestigation under the plea that it in- vades the rights of conscience. 153. Salary of teachers. The salary of teachers should be in proportion to their ability and responsibility, and not equal when these circumstances differ materially. 163. Control of. The control of salaries is wholly within the power of the board and cannot be determined by an appeal, because it is not within the jurisdiction of county or state superintendent to order the pay- ment of money 164. Schools, every person between the ages of five and twenty-one years has the right to attend school in the district in which he resides, regard- less of considerations relating to race, nationality, the holding of pro- perty, or the payment of taxes. 157 The payment of school taxes does not entitle non-residents to school privileges. 157. INDEX. 249 The board have authority to deter- mine when, and upon what terms, n. in-resident pupils may attend the s-hoolsof their district. 157. Scnool privileges. Residence of the c lild determines. 171 All persons under the age of twenty- one yeare, entitled to attend school, whether married or single. 171. 8ub-district boundaries, change of. The acts of a board of directors chang "g sub-district boundaries and locating schoo -houses are so far discreiionary that they should be affirmed on appeal, unless it is shown that there has been an abuse of discretion. 139. At the hearing of an appeal before the county superintendent, it is compe- tent for him, upon his own motion, to call additional witnesses to give testimony. 143. Taxes. A tax voted by the electors for the building of a school-house must be so expended by the board. 171. Teachers, right of, to inflict punish- ment upon their pupils. A school- master who stands in loco parentis may, in proper cases, inflict moder ate and reasonable chastisement. The law confides to teachers a dis- cretionary power in the infliction of punishment upon their pupils, and will not hold them responsible criminally, unless the punishment be such as to occasion permanent injury to the child, or be inflicted merely to gratify their own evil passions. 127. When a teacher is dismissed, in viola- tion of his contract, an action in the courts of law, on the contract, will afford him a speedy and ade- ?uate remedy; when discharged or incompetency, dereliction of duty, or other cause affecting his qualifications as a teacher, he has the right of appeal. 159. The teacher is entitled to the counsel and co-operation of the sub-director and board in all matters pertaining to the conduct and welfare of the school. 159. INDEX TO OPINIONS OF ATTORNEY GENERAL. Action, stay of, 178. Alien, hold office, 176. Appeal, 175. 181; trial,183; will lie.183. Assets, division of, 182, 183; how considered, 183 Indebtedness, evidence of, 176; lax: for, 179. Independent district, abrogation of, 178, 182; when organized. 179; divi- sion of in town. 179; effect on by enlargment of city, 180; consolida- tion of, 181 ; annual statement of, 182. Institute, expenditures. 182. District township, formation of, 177. Funds, loan of, 178, 176. Census, of orphans' home, 176. Certificate, refusal to grant, 17t; en- dorsement of illegal, 176. Children, attend school in a joining district, 183 Contract, fulfillment of , 178; in case of tire, 180; completion of, 183. County superintendent, not an alien, Board, but on'-. 178; action of bind- in?, 178; certify tax, 181. Bonds, illegal issue, 177; of district township, 176. Boundaries, change of, 175; take effect, 178; adjustment of, 178. Jurisdiction, 181. Liability, of person drawing bonds, 177; of district treasurer. 178. Loan, of permanent school fund, 176; of school-house fund, 178 Mandamus, 175 Officer, removal of, 179; not an alien, 176. Orders, issued only for indebtedness, 176. Prayer. in school, 177. Real estate, board not sell, 178. Re-districting, by county superin- tendent, 175. School fund, loan of. 176. School-house, use for other purposes, 175; control of, 183 Site not changeable. 177; extension of, 180; legal payment for, 181 ; change of, 182. Statement, annual, 182. Snbdistricts. formation of, 175. Tax, 175; illegal, 177; limited, 178; for indebtedness, 178; board certify, 181; certification of, 179; failure to vote, 181. Territory, transfer of, 176. Text books, adoption holds, 182. Treasurer, loan funds, 178; liability of, 179. Note:— The digest of the supreme court decisions being arranged alphabetically is not indexed. THE NORTHWESTERN j8dt\ool $ufxply Co., Is prepared to supply any article needed for the equipment of a School, including : LIQUID SLATING, CLOCKS, BLACK BOARDS, TEACHERS' REGISTERS, ERASERS AND CRAYONS, OUTLINE WALL MAPS, POINTING RODS, STATE MAPS, INK WELLS, GLOBES, JOHNSTON'S SCHOOL MAPS, WRITING CHARTS, READING CHARTS, NUMBER CHARTS, AND PHYSIOLOGICAL CHARTS OF LIFE. WRITE FOR PRICES BEFORE BUYING. PHYSIOLOGICAL "CHARTS OF LIFE," FOUR IN NUMBER. No. I. Nutritive System, No. 2. Nervous System. No. 3. Motive System No. 4. Health and Disease. These new and attractive Charts show the Organs of the Human Body large as Life, of the Natural Colors, and wiih their Connections, their Actions and their Microscopic Structure Tht y illustrate thn whole >cience of Physiology, and make it attractive and easy to understand. They are models of correct- ness, being exact copies from paintings by a thorough anatomist and physiolo- gist, and have been enthusiastically endorsed by eminent educators and mem- bers of the medical p. ofession. "THE CHARTS OF LIFE" were submitted, before their publication, to the inspection and criticism of a large number of teachers and medical men, and have been unqualifiedly pro- nounced the niost accurate and best Physiological Charts now Published. ISo Physiological Charts have ever met with greater favor, since their recent introduction to the public, from teachers, school officers, physicians, heads of families, and all others interested in procuring the most efficient illustrative aid to the important study of Physiology. COMMENDATION FROM DR. DIO LEWIS. A most important contribution to the facilities for popular knowledge in the subject of Physiology is made in the series of charts known as "The Charts of Life," by Prof. Arthur Merton, late of Harvard University. These Charts are remarkable for power in drawing and color, and what every one will appre- ciate more, they show in the margin the special features of the anatomy rery much enlarged. Chart No. 1 gives, in the boldest possible relief, the contents of the skull, chest and abdomen. We have never seen these great organs of the body so clearly and instructively displayed in the same space. No. 2 presents the cerebro spinal axis, the sympathetic system, and much of the detail of the brain, ear and eye, all boldly col. red No. 3 is an instructive exhibition of the mu&cular system, with many inter- esting features of the bones and skin. No. 4 is an ingenious presentation of some of the effects of dress and drink, with a very striking presentation of the difference between healthy and diseased lung. Altogether, these charts are a very important addition to our means of education in a most important department of science. Although these Charts contain more figures, are better executed, and the consequent cost of producing them greater than other more expensive series, the aim of both author and publisher has been to place tnem at a moderate price, and within the reach of every teacher, school and physician. Printed in Oil Colors in the best style of Chromo-Lithography. Price of Set, Cloth Mounted on Pollers $15 00 Price of Seton Rollers, in NeatCase 20 00 Nos. 1, 9 and 3 Illustrate the Subject fully for any School Text Book on Physiology. For further information, address The NORTHWESTERN SCHOOL SUPPLY CO. CHICAGO, ILL. SELKCT LIST OF Articles Most Needed in the School Room. 1st. A Good Blackboard (Stone Slate is best.) 2d. A Set of Johnston's Maps. 3d. A Tellurian Globe. (We also have the best "plain stand" and "full framed" Globes, very cheap.) 4th. A Set of the New Physiological Charts of Life. (You will buy no others after using these.) 5th. A Good Reading Chart. (Get our descriptive circu. lar before you buy ) 6th. A Set of Spencerian Writing Charts. 7th. Rand's Orthophonic Chart and State Map combined. 8th. Good Ink, Pens, Crayons, Blackboard Erasers and Pointers. 9th. Our School Desks and Seats. (More comfort, greater durability and better satisfaction for less money than any other made. *10th. Last but not least, a GOOD TEACHER. We furnish everything in the line of SCHOOL SUPPLIES. Description circulars and prices, with airinformation, furnished i'ree upon application. A postal card upon which your wants are clearly stated, and your name and address given, will insure a prompt reply. Address THE NORTH-WESTERN SCHOOL SUPPLY CO. CHICAGO, ILL. *N. B.— No illus rated catalogue of item 10, but we are always glad to do our patrons a service, and will give te.chers wanting positions, or school boards wanting teachers, the benefit of our extensive acquaintance and facili- ties in securing the best in either case. We invite correspondence. CRITICAL WORDS OF PRAISE FOB THE CHARTS Q^» LIFE. TTFPIE following voluntary Testimonials have been selected from ^V* a large number of the same character, from parties qualified to give an opinion, as to the correctness, execution and value of the Charts of Life to Schools, Families and Physicians: I have examined with care, three Anatomical " Charts of Life,' 1 published by Chart op Life Co., of Chicago, and will say they are the best I have ever examined of their kind; and I cheerfully recommend them to teachers and others, as most admirably adapted for instruction in thin fascinating branch of science, containing as they do, a surprising amount of very accura e informa- tion. R- L Rea, M. D., Prof, of Anatomy, Chicago Medical College. I have examined the " Charts of Life," and I think they are superior to any- thing of the kind I have ever seen . They are accurate, ingenious, and illustrate nicely the many points of interest in the anatomy of the human body. These charts are concise, and I cheerfully recommend them as useful to schools and colleges. Jas. P. Ross, A. M., M. D M Professor of Clinical Medicine and Diseases of the Chest, Rush Medical College, Chicago. I have examined the " Physiological Charts of Life. 1 ' and can say without hesitation, that I think them the mon accurate, and, without doubt, in mechanical execution, superior to any charts extant. The original drawings have been made by one who is thoroughly acquainted with the anatomy of the human svstem, and as a physiologist he has no superior. He has made practi- cal use of his knowledge in these "Life Charts " I take pleasure in recom- mending them. Milton Jay. M. D , Professor of Principles and Practice of Surgery and Clinical Surgery, Bennett College, Chicago. It gives me pleasure to heartily recommend the " Charts of Life." They are specially valuable in being so comprehensive. They will be found exceedingly useful by all who desire to make physiological demonstrations. J. S Mitchell. A. M., M. D , President Chicago Homeopathic College. State of Wisconsin, ) Department of Education, v Madison, Wis., Dec. 7, '82. ) You have a very fine thing in those "Charts of Life." We can commend them heartily. Graham & Chandler, State and Ass" n Iowa State Normal School, \ Cedar Falls, Iowa. f We can make our instruction much more thorough wi h the " Charts of Life " than without them. They interpret the text book splendidly. W, N. Hull, Prof. Physiology. ADDRESS THE Northwestern School Supply Company* CHICAGO, ILL. SEAT f 01 IN ARITHMETIC. By J. PIPER, A. M. Number One. Number Two. Number Three. Number Four. Prae Fach, by Mail, Ten Cents. Teachers will find this a valuable aid in securing a definite amount of work from each pupil; also in securing neatness of arrangement and rapidity and accuracy in computation. Each number contains 32 pages, printed from new clear type, on the finest manil!a paper, made and ruled expressly for our use. Neatly bound. " GRADED SEAT WORK " saves 75 per cent, of the writing with crayon on the blackboard, usually required in school work. It, therefore, saves 75 per cent, of the chalk dust, usually scattered around the room, and in like proportion SAVES BOOKS, SAVES CLOTH- ING and SAVES HEALTH. institute: tabs. These consist of pages selected from the four numbers of " GRADED SEAT WORK," covering all mathematical subjects from simple numbers to percentage. 16 sheets, printed both sides, blocked in a neat Tablet. Price $10.00 per hundred. Sample by mail, 10 cents. They are designed for use in Institutes and Normals, or for drill work in advanced classes. Work presented will be sufficient for from three to four weeks. Correspondence in regard to introductory supplies and terms should be addressed to THE NORTH-WESTERN SCHOOL SUPPLY CO,, C H IC A G O, ILL. •^SOMETHING NEW*#- THE ORTHOPHONIC TABLE STATE MAP COMBINED. SIMPLICITY, EXCELLENCE, DURABILITY. CHARACTERS IN SUFFICIENTLY LARGE TYPE TO BE SEEN BY ALL MEMBERS OF THE LARGEST CLASSES. The work of teaching and acquiring correct spelling, and prononnciation ROBBED OF ALL ITS TERRORS. The young teacher may be ae successful as the one with many years of experience. — ' — CONTENTS — -*- 1. Table giving elementary sounds with names, markings, *cey-words and equivalents, with examples. 2. A carefully prepared list of practice words, illustrating and applying the principles involved— embracing many common words often mis-spelled and mis-pronounced. 3. Drill tables in numbers, furnishing upwards of three thousand exam- ples of combinations and changes. (Alone worth many times the entire cost of the chart.) 4. A new Railroad, Sectional and Township Map of Iowa, 34x42 inches finely executed in colors, substantially mounted on rollers and varnished, pre-' senting an elegant lithographic engraving of the new Capitol Building at Des Moines. Also giving the population of the state by counties, and population of the cities and towns according to the latest census. Highly Recommended by Leading Educators. Price of Orthophonic Table and Map, complete, $2.00. Address all orders to the NORTH-WESTERN SCHOOL SUPPLY CO, CHICAGO, ILL. If 3 5 * -*S§I*« •