Class l-h^ ^^ '2 S Book . I1&^ u STATE OF NORTH DAKOTA GENERAL SCHOOL LAWS Comprising all the Laws in Force Tertaining to Ttiblic Schools, State Educational Institutions, School Lands and Public Lands Appropriated to the Use of the State Educational Institutions, with '^l k.0. l3^ s'^^< ^^\ THIS VOLUME IS STATE PROPERTY. And is for the use of of School District No County of State of North Dakota. School officers on retiring' from office are required by law to de- liver this volume, with all other books and documents of an official character, to their successors in office. ' INTRODUCTORY This compilation of the General School Laws is authorized by section 756 of the Revised Codes of 1905, and is designated to in- clude all provisions relating to education at present in force which make the laws governing the complete school system of the state. It embraces the laws pertaining to the public schools, the state edu- cational institutions, and the lands appropriated to the use of the public schools and the state educational institutions. The compilation contains all general laws in full as appear in the code, amended or extended by the legislative assembly of 1907 and 1909. Special acts are referred to by title only. i Special laws, designated by title only, laws pertaining to„specula- tion in office and to penalty for failure to make reports, the filing of bond of school district treasurer, bonds for labor and material for public buildings and the decisions of the supreme court of the ter- ritory of Dakota and of the state of North Dakota pertaining to school matters are to be found in the appendices. A calendar will also be found in the appendices which may be of assistance to school officers in the timely discharge of their duties. W. L. STOCKWELL, ' Superintendent of Public Instruction. Bismarck, N. D., June 1, 1909. CONGRESSIONAL ENACTMENT ORGANIC LAW NARCOTICS Section 75. The nature of alcoholic drinks and narcotics, and special instruction as to their effects upon the human system, in connection with the several divisions of the subject of ph3^siology and hygiene, shall 'be included in the branches of study taught in the common or public schools, and in the military and naval schools, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools, by the use of text books in the hands of pupils where other branches are thus studied in said schools, and by all pupils in all said schools throughout the territories in the military and naval academies of the United States and in the District of Columbia and in all In- dian and colored schools in the territories of the United States. Sec. 76. It shall be the duty of the proper officers in control of any school described in the foregoing section to enforce the pro- visions of this act ; and any such officer, school director, committee, superintendent or teacher who shall refuse or neglect to comply with the requirements of this act or shall neglect or fail to make proper provisions for the instruction required and in the manner specified by the first section of tliis act, for all the pupils in each and every school under his jurisdiction, shall be removed from office and the vacancy filled as in other cases. Sec. 77. No certificate shall be granted to any person to teach in the public schools of the District of Columbia or territories, af- ter the first day of January, anno Domini eighteen hundred and eighty-eight, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the nature and effects of alcoholic dn'nks and other narcotics upon the human system. Act of congress approved IMay 20, 1886. (See, also, sections 774 and 883, post.) RESERVATION OF SCHOOL LANDS. Sec. 88. Sections numbered sixteen and thirty-six in each township of the territories of * * * Dakota * * * shall be reserved for the purpose of being applied to schools in the sev- eral territories herein named, and m the states and territories here- after to be erected out of the same. Section 1846 R. S. U. S., 1874, approved March 2, 1861. (See, also, Enabling Act, section 10, post.) GENERAL SCHOOL LAWS ENABLING ACT. (Approved February 22, 1889.) Sec. 4. (Proz'iding for the Constitutional Conventions for North Dakota, South Dakota, Montana and Washington. And said convention shall provide b)'- ordinances irrevocable without the consent of the United States and the people of said states : Fourth. That provision shall be made for the establishment and maintenance of systems of public schools, which shall be open to all children of said states, and free from sectarian control. Sec. 10. That upon the admission of each of said states into the union, sections numbered sixteen and thirty-six I'n every town- ship of said proposed states, and where such sections or any parts thereof have been sold or otherwise disposed of by or under the authority of any act of congress, other lands equivalent thereto, in legal subdivisions of not less than one-quarter section * * * ^j-g hereby granted to said states for the support of common schools. Sec. 11. That all lands herein granted for educational purposes shall be disposed of only at public sale, and at a price not less than $10 per acre, the proceeds to constitute a permanent school fund, the interest of which only shall be expended in the support of said schools. But said lands may, under such regulations as the legis- lature shall prescribe, be leased for periods of not more than five years, in quantities not exceeding one section to any one person or company, and such lands shall not be subject to pre-emption, home- stead entry, or any other entry under the land laws of the United States, whether surveyed or unserveyed, but shall be reserved for school purposes only. Sec. 13. That five per centum of the proceeds of the sales of public lands lying within said states which shall be sold by the United States subsequent to the admission of said states into the union, after deducting all expenses incident to the same, which shall be paid to the said states, to be used as a permanent fund, the in- terest of which only shall be expended for the support of common schools within said states, respectively. Sec. 14. That the lands granted to the territories of Dakota and Montana by the act of February 18, 1881, * * '* are hereby vested in the states of South Dakota, North Dakota and Montana respectively, * * * to the extent of the full quantity of seventy-two sections to each of said states, * >!: * j^^^ said act of February 18, 1881, shall be so amended as to provide that none of said lands shall be sold for less than $10 per acre, and the proceeds shall constitute a permanent fund to be safely invested and held by said states severally, and the income thereof be used exclusively for university purposes. .* * * None of the lands granted in this section shall be sold at less than $10 per acre; but STATE OF NORTH DAKOTA 9 said lands may be leafed in the same manner as provided in sec- tion 11 of this act. The schools, colleges and universities provided for in this act shall forever remain under the exclusive control of the said states, respectively, and no part of the proceeds arismg from the sale or disposal of any lands herein granted for educational pur- poses shall be used for the support of any sectarian or denomina- tional school, college, or university. !* * * Sec. K). That 90,000 acres of land, to be selected and located as provided in section 10 of this act, are hereby granted to each of said states, except to the state of South Dakota, to which 120,000 acres are granted, for the use and support of agricultural colleges in said states, as provided in the acts of congress making donations of lands for such purpose. Sec. 17. That in lieu of the grant of land for purposes of internal improvement made to new states by the eighth section of the act of September 4, 1811, which act is hereby repealed as to the states pro- vided for by this act, and in lieu of any claim or demand by the said states, or either of them, under the act of September 28, 1850, and section 2179 of the revised statutes, making a grant of swamp and overflowed lands to certain states, which grant it is hereby declared is not extended to the states provided for in this act, and in lieu of any grant of saline lands to said states, the following grants of lands are hereby made, to-wit. To the State of South Dakota : For the school of mines, 40,000 acres ; for the reform school 40,000 acres ; for the deaf and dumb asylum, 40,000 acres ; for the agricultural college, 40,000 acres ; for the university. 40,000 acres ; for the state normal schools, 80,000 acres ; for public buildings at the capital of said state, 50,000 acres, and for such other educational and charitable purposes as the legisla- ture of said state may determine. 170.000 acres ; in all -500,000 acres. To the State of North Dakota a like quantity of land as in this section granted to, the state of South Dakota and to be for like pur- poses, and in like proportion as far as practicable. CONSTITUTIONAL PROVISIONS [Adopted October 1, li PREAMBLE. We the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain and establish this Constitution. ARTICLE II. The Legislative Department. Cec. 69. The legislative assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: 12. Providing for the management of common schools. ARTICLE III. Sec. 82. There shall be chosen by the cpalified electors of the state at the time and places of choosing members of the legisla- tive assembly a * ''' * superintendent of public instruction * * * who shall have attained the age of twenty-five years, shall be a citizen of the United States, and shall have the quali- cations of state! electors. They shall severally hold their offices at the seat of government for the term of two years and until their successors are elected and duly qualified. Sec. 83. The powers and duties of the * * * superin- tendent of public instruction, * * * shall be as prescribed by law. ; Sec. 84. Until otherwise provided by law, the * * superin- tendent of public instruction, * * shall each receive an annual salary of $2,000 ; * * but the salary of any of said officers shall not be increased or diminished during the period for which they shall have been elected, and all fees and profits arising from any of the said offices shall be covered into the state treasury. ARTICLE V. ELECTIVE FRANCHISE. Sec. 121, (Amended.) Every male person of the age of twenty-one years or upwards belonging to either of the following classes, who shall have resided in the state one year, and in the STATE OF NORTH DAKOTA H county six months, and in the precinct ninety days next preceding any election, shall be deemed a qualified elector at such election. First — Citizens of the United States. jSecond — Civilized persons of Indian descent who shall have severed their tribal relations two years next preceding such elec- tion. {See sec. 480 Rerised Codes, also State v. Denoyer, 6 A^. D. 586.) Sec. 123. Electors shall in all cases except treason, felony, breach of the peace or illegal voting, be privileged from arrest on the days of election during their attendance at, going to and re- turning from such election, and no eletcor shall be obliged to per- form military duty on the day of election except in time of war or public danger. Sec. 125. Nb elector shall be deemed to have lost his residence in this state by reason of his absence on business of the United States or of this state, or in the military or naval service of the United States. Sec. '126. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in con- sequence of his being stationed therein. Sec. 127. (Aine)ided.) No person who is under guardian- ship, non compos mentis or insane, shall be qualified to vote at any election ; nor shall any person convicted of treason or felony, un- less restored to civil rights ; and the legislature shall by law estab- lish an educational test as a qualification, and may prescribing penal- ties for failing, neglecting or refusing to vote at any general election- Sec. 128. Any woman having the qualifications enumerated in sec- tion 121 of this article as to age, residence and citizenship, and including those now qualified by the laws of the territory, may vote for all school officers, and upon all questions pertaining solely to school matters, and be eligible to any school office. ' Sec. 129. All ei^ctions by the people shall be by secret ballot subject to such regulations as shall be provided by law. ARTICLE VIII. EDUCATION. Sec. 147. A high degree of intelligence, patriotism, integrity and morality on the part of evry voter in a government by the people being necessary in order to insure the continuance of that government and the prosperity and happiness of the people, the legislative assembly shall make provision for the establishment and maintenance of a system of public schools which shall be open to all children of the state of North Dakota and free from sectarian control. The legislative requirements shall be irrevo- cable without the consent of the United States and the people of North Dakota. (See See. 783, post.) 12 GENERAL SCHOOL LAWS Sec. 148. The legislative assembly shall provide at its first session after the adoption of this Constitution for a uniform sys- tem of free public schools throughout the state; beginning with the primary and extending through all grades up to and including the normal and collegiate course. : Sec. 149. In all schools instruction shall be given as far as practicable, in those branches of knowledge that tend to impress upon the mind the vital importance of truthfulness, temperance, purity, public spirit, and respect for honest labor of every kind. Sec. 150. A superintendent of schools for each county shall be elected every two years, whose qualifications, duties, powers and compensation shall be fixed by law. Sec. 151. The legislative assembly shall take such other steps as may be necessary to prevent illiteracy, secure a reasonable de- gree of uniformity in course of study and to promote industrial, scientific and agricultural improvement. Sec. 152. All colleges, universities and other eduactional in- stitutions, for the support of which lands have been granted to this state, or which are supported by a public tax, shall remain under the absolute and exclusive control of the state. No money raised for the support of the public schools of the state shall be appropriated to or used for the support of any sectarian school. . ARTICLE IX. SCHOOL AND PUBLIC LANDS. Sec. 153. All proceeds of the public lands that have heretofore been or may hereafter be granted by the United States for the sup- port of the common schools in this state ; all such per centum as may be granted by the United States on the sale of public lands; the proceeds of property that shall fall to the state by escheat ; the proceeds of all gifts and donations to the state for common schools, or not otherwise appropriated by the terms of the gift, and all other property otherwise acquired for common schools, shall be and remain a perpetual fund for the maintenance of the common schools of the state. It shall be deemed a trust fund, the principal of which shall forever remain inviolate, and may be increased but never diminished. The state shall make good all losses thereof. {See sec. 164.) Sec. 154. The interest and income of this fund, together with the net proceeds of all fines for violation of state laws, and all other sums which may be added thereto by law shall be faithfully used and applied each year for the benefit of the common schools of the state, and shall be for this purpose apportioned among and between all the several common school corporations of the state in proportion to the number of children in each of school age, as may be fixed by law, and no part of the fund shall ever be di- STATE OF NORTH DAKOTA 13 verted even temporaril)^ from this purpose, or used for any other purpose whatever than the maintenance of common schools for the equal benefit of all the people of the state; provided, however, that if any portion of the interest or income aforesaid be not ex- pended during the year, said portion shall be added to and become a part of the school fund. Sec. 155. After one year from the assembling of the first leg- islative assembly, the lands granted to the state from the United States for the support of the common schools, may be sold upon the following conditions, and no other : No more than one-fourth of all such lands shall be sold within the first five years after the same become saleable by virtue of this section, i No more than one-half of the remainder within ten years after the same be- come saleable as aforesaid. The residue may be sold at any time after the expiration of said ten years. The legislative assembly shall provide for the sale of all school lands subject to the pro- visions of this article. The coal lands of the state shall never be sold, but the legislative assembly may by general laws provide for leasing the same. The words "coal lands" shall include lands bearing lignite coal. Sec. 156. The superintendent of public instruction, governor, attorney general, secretary of state and state auditor shall con- stitute a board of commissioners, which shall be denominated the "Board of University and School Lands," and subject to the pro- visions of this article and any law that may be passed by the leg- islative assembly, said board shall have control of the appraise- ment, sale, rental and disposal of all school and university lands, and shall direct the investment of the funds arising therefrom in the hands of the state treasurer, under the limitations in section IGO of this article. Sec. 157. The county superintendent of common schools, the chairman of the county board and the county auditor shall con- stitute boards of appraisal, and under the authority of the state board of university and school lands shall appraise all school lands within their respective counties, which they may from time to time recommend for sale, at their actual value, under the prescribed terms, and shall first select and designate for sale the most valu- able lands. Sec. 158. 'No lands shall be sold for less than the appraised value, and in no case for less than ten dollars per acre. The purchaser shall pay one-fifth of the price in cash, and the remain- ing four-fifths as follows : One-fifth in five years, one-fifth in ten years, one-fifth in fifteen years and one-fifth in twenty years, with interest at the rate of not less than six per centum, payable an- nually in advance. All sales shall be held at the county seat for the county in which the land to be sold it situate, and shall be at public auction, and to the highest bidder, after sixty days' 14 GENERAL SCHOOL LAWS advertisement of the same in a newspaper of general circulation in the vicinity of the lands to be sold, and one at the seat of gov- ernment. Such lands as shall not have been specially subdivided shall be offered in tracts' of one-quarter section, and those so sub- divided in the smallest sub-divisions. All lands designated for sale and not sold within two years after appraisal shall be reappraised before they are sold. No grant or patent for any such lands shall issue until payment is made for the same; provided, that the lands contracted to be sold by the state shall be subject to taxation from the date of such contract. In case the taxes assessed against any of said lands for any year remain unpaid until the first Monday in October of the following year, then and thereupon the contract for sale of such lands shall become null and void. Sec. 159. All lands, money or other property, donated, granted or received from the United States or any other source for a uni- versity, school of mines, reform school, agricultural college, deaf and dumb asylum, normal school, or other educational or charitable institution or purpose, and the proceeds of all such lands and other property so received from any source shall be and remain perpetual funds, the interest and income of which together with the rents of all such lands as may remain unsold, shall be invioably appro- 'priated and applied to the specific object of the original grants or gifts. The principal of every such fund may be increased but shall never be diminished, and the interest and income only shall be used. /Every such fund shall be deemed a trust fund held by the state, and the state shall make good all losses thereof. (See Sec. 164.) Sec. 160. All lands mentioned in the preceding section shall be appraised and sold in the same manner and under the same limitations and subject to all the conditions as to price and sale as provided above for the appraisal -and 'sale of' lands for the benefit of common schools ; but a distinct and separate account shall be kept by the proper officers of each of said funds ; provided, that the limitations as to the time in which school lands may be sold shall apply only to lands granted for the support of common schools. ;Sec. 161. The legislative assembly shall have authority to pro- vide by law for the leasing of lands granted to the state for edu- cational and charitable purposes ; but no such laws shall authorize the leasing of said lands for a longer period than five years. Said larids shall only be leased for pasturage and meadow purposes and at a public auction after notice as heretofore provided in case of sale ; provided, that all of said school lands now under cultivation may be leased at the discretion and under the control of the board of university and school lands for other than pasturage and meadow purposes until sold. All rents .-shall be paid in advance. STATE OF NORTH DAKOTA 15 Sec. 163. The moneys of the permanent school fund and other educational funds shall be invested only in bonds of school cor- porations within the state, bonds of the United States, bonds of the state of North Dakota, or in first mortgages on farm lands in the state not exceeding in amount one-third of the actual value of any subdivision on which the same may be loaned, such value to be determined by the board of appraisers of school lands. )Sec. 163. No law shall ever be passed by the legislative assem- bly granting to any person, corporation or association any privileges by reason of the occupation, cultivation or improvement of any public lands by said person, corporation or association subsequent to the survey thereof by the general government. No claim for the occupation, cultivation or improvement of any public lands shall ever be recognized, nor shall such occupation, cultivation or improvement of any public lands ever be used to diminish, either directly or indirectly, the purchase price of said lands. Sec. 164. The legislative assembly shall have authority to pro- vide by law for the sale or disposal of all public lands that have been heretofore, or may hereafter be granted by the United States to the state for purposes other than set forth and named in sec- tions 153 and 159 of this article. And the legislative assembly in providing for the appraisement, sale, rental and disposal of the same, shall not be subject to the provisions or limitations of this article. Sec. 165. The legislative assembly shall pass suitable laws for the safe-keeping, transfer and disbursement of the state school funds, and shall require all officers charged with the same or the safe-keeping thereof to give ample bonds for all moneys and funds received by them, and if any of said officers shall convert to his own use in any manner or form, or shall loan, with or without interest or shall deposit in his own name, or otherwise than in the name of the state of North Dakota, or shall deposit in any bank or with any person or persons, or exchange for other funds or property and por- tion of the school funds aforesaid,' or purposely allow any portion of the same to remain in his own hands uninvested except in the man- ner prescribed by law, every such act shall constitute an embezzle- ment of so much of the aforesaid school funds as shall be thus taken or loaned, or deposited, or exchanged, or withheld, and shall be a felony ; and any failure to pay over, produce or account for the state school funds or any part of the same entrusted to any such officer, *as by law required or demanded, shall be held and be taken to be prima facie evidence of such embezzlement. ARTICLE XII. i PUBLIC DEBT AND PUBLIC WORKS. Sec. 183. iThe debt of any county, township, town, school dis- trict or any other political subdivision, shall never exceed five per 16 GENERAL SCHOOL LAWS centum upon the assessed value of the taxable property therein; provided, that any incorporated city may by a two-thirds vote in- crease such indebtedness three per centum on such assessed value beyond said five per cent limit. In estimating the indebtedness which a city, county, township, school district or any other politi- cal subdivision may incur, the entire amount of existing indebted- ness, whether contracted prior or subsequent to the adoption of this constitution shall be included ; * * * All bonds or obli- gations in excess of the amount of indebtedness permitted by this constitution, given by any city, county, township, town, school dis- trict or other political subdivision, shall be void. Sec. 184. Any city, county, township, town, school district, or any other political subdivision incurring indebtedness shall, at or before the time of so doing, provide for the collection of an an- nual tax sufficient to pay the interest and also the principal thereof when due, and all laws or ordinances providing for the payment of the interest or principal of any debt shall be irrepealable until such debt be paid. Sec. 185. Neither the state nor any county, city, township, town, school district or any other political subdivision shall loan or give its credit or make donations to or in aid of any individual, asso- ciation or corporation, except for necessary support of the poor, nor subscribe to or become the owner of the capital stock of any association or corporation. ». * * Sec. 186. * * * No bills, claims, accounts or demands against the state, or any county or other political subdi- vision, shall m.e audited, allowed or paid until a full itemized state- ment in writing shall be filed with the officer or officers whose duty it may be to audit the same. Sec. 187. * * * No bond or evidence of debt of any county, or bond of any township or other political sub- division shall be valid unless the same have endorsed thereon a certificate signed by the county auditor, or other officer authorized by law to sign such certificate, stating that said bond, or evidence of debt, is issued pursuant to law and is within the debt limit. ARTICLE XIX. PUBLIC INSTITUTIONS. Sec. 215. (Amended.) The following public institutions of the state are permanently located at the places hereinafter named, each to have the lands specifically granted to it by the United States in the act of congress approved February 22, 1889, to be disposed of and used in such manner as the legislative assembly may prescribe, subject to the limitations provided in the article on school and pub- lic lands contained in this constitution : * * * Second. The state university and the school of mines at the city of Grand Forks, in the county of Grand Forks. STATE OF NORTH DAKOTA 17 Third. The agricultural college at the city of Fargo, in the county of Cass. Fourth. A state normal school at the city of Valley City, in the county of Barnes; and the legislative assembly in apportioning the grant of 80,000 acres of land for normal schools made in the act of congress referred to, shall grant to the said normal school at Valley City aforementioned 50,000 acres, and said lands are hereby appro- priated to said institution for that purpose. *Fifth. The school for the deaf and dumb of North Dakota at the city of Devils Lake in the county of Ramsey. * * * ^ : >>: * ^ Seventh. A state normal school at the city of Mayville in the county of Traill; and the legislative assembly in apportioning the grant of land made by congress in the act aforesaid for state normal schools, shall assign 30,000 acres to the institution hereby located at Mayville, and said lands are hereby appropriated for said pur- pose. Eighth. A state hospital for the insane at the city of Jamestown, in the county of Stutsman. And the legislative assembly shall ap- propriate twenty thousand acres of the grant of lands made by the act of congress aforesaid for "other educational and charitable in- stitutions," to the benfit and for the endowment of said institution, and there shall be located at or near the city of Grafton, I'n the county of Walsh, an institution for the feeble minded, on the grounds purchased by the secretary of the interior for a peniten- tiary building. ******* Sec. 216. The following named public institutions are hereby permanently located as hereinafter provided, each to have so much of the remaining grant of 170,000 acres of land made by the United States for "other educational and charitable institutions," as is allotted by law, viz. : Second. A blind asylum, or such other institution as the legisla- tive assembly may determine, at such place in the county of Pem- bina as the qualified electors of said county may determine at an election to be held as prescribed by the legislative assembly, with a grant of 30,000 acres. Third. An industrial school and school for manual training, or such other educational or charitable institution as the legislative assembly may provide, at the town of Ellendale, in the county of Dickey, with a grant of 40,000 acres. Fourth. A school of forestry, or such other institution as the legislative assembly may determine, at such place in one of the counties of McHenry, Ward, Bottineau or Rolette as the electors of said counties may determine by an election for that purpose, to be held as provided by the legislative assembly. —2— 18 GENERAL SCHOOL LAWS Fifth. A scientific school, or such other educational or chari- table institution as the legislative assembly may prescribe, at the city of Wahpeton, county of Richland, with a grant of 40,000 acres; provided, that no other institution of a character similar to any one of those located by this article shall be established or main- tained without a revision of this constitution. GENERAL SCHOOL LAWS OF THE STATE OF NORTH DAKOTA FROM THE REVISED CODES OF 1905 AND FROM THE SESSION EAWSOF 1907 AND 1909 Term 2 years. CHAPTER 9, POLITICAL CODE. Article 1. — Superintendent of Public Instruc- tion. Sec. 747. QUALIFICATIONS OF, TERM OF Election. OFFICE. — There shall be elected by the qualified electors of the state at the time of choosing members of the legislative assembly, a superintendent of public instruction, who shall have attained the age of twenty- five years and who shall have the qualifications of an Qualifications, elector for that office, and be the holder of a state certificate of the highest grade, issued in this state, or a graduate of some reputable university, college or normal school. He shall hold his office at the seat of government for the term of two years commencing on the first Monday in January following his election and until his successor is elected and qualified. Sec. 748. TO PRESERVE MISCELLANEOUS DOCUMENTS.— He shall preserve in his office all books, maps, charts, works on education, school reports and school laws of other states and cities, plans for school buildings and other articles of educational in- terest and value which may come into hi's possession as such officer, and at the expiration of his term he shall deliver them together with the reports, state- ments, records and archives of his office to his suc- cessor. Sec." 749. SUPERVISION OF SCHOOLS.— He shall have the general superivision of the public- schools of the state and shall be ex-officio member of the board of university and school lands and of the normal school boards of the state. Sec. 750. TO FURNISH SCHOOL SUPPLIES, BLANKS. ETC.. AND TO ESTABLISH CIRCU- LATING LIBRARIES.— He shall prepare, cause to Records served. pre- Powers. Blanks, etc. 20 GENERAL SCHOOL LAWS List of books. Traveling libraries. Appropriation. be printed and furnish to the proper officers or persons all district clerks' record books and warrant books, school treasurers' record books, school registers, re- ports, statements, notices and returns needed or re-- quired to be used in the schools or by the school offi- cers of the state. He shall prepare and furnish to school officers, through the county superintendents, lists of publications approved by him as suitable for district libraries; such lists shall contain also the low- est price at which eacl^publication can be purchased and such other information relative to the purchase of district libraries as he may deem requisite. He shall also select and purchase books suitable for dis- trict libraries, and cause the same to be circulated as traveling libraries under such rules and regulations as he may prescribe. And for the purpose of select- ing and purchasing such books there is hereby ap- propriated the sum of seven hundred and fifty dol- lars annually, to be paid by warrant of the state audi- tor on the state treasurer, upon the presentation, of itemized bills in due form, duly approved by the sup- erintendent of public instruction. {See Sec. 822, post.) Sec. 751. EXAMINATIONS AND TEACHERS' CERTIFICATES. — He shall prepare or cause to be prepared all questions to be used in the examination of applicants for teachers' certificates, prescribe the rules and regulations for conducting such examinations and issue or revoke state certificates as provided in this chapter. Sec. 752. PRESCRIBE COURSE OF STUDY. — He shall prepare and prescribe a course of study for all the public and normal schools of the state and the course of study, training and practice of the pro- fessional department of schools, designated and sup- ported wholly or in part by the state. Sec. 753. RULES FOR TEACHERS' INSTI- TUTES. — He shall prescribe rules and regulations for the holding of teachers' institutes and 'teachers' training schools, and after counseling and advising with county superintendent, shall appoint conductors therefor. He shall prescribe the course of instruction for teachers' institutes and for teachers' training schools, and the course of reading for the teachers' reading circle within the state. Teachers' ex- amination. Revoke certifi- cates. Course of study. Institute con- ductors. Course of study. STATE OF NORTH DAKOTA 21 Advise on school laws. Decide ap- peals. Practice. Official rec- ords. School laws and decisions. Sec. 754. ADVISE COUNTY SUPERINTEND- ENTS. — He shall counsel with and advise county su- perintendents upon all matters involving the welfare of schools and he shall, when requested, give them written answers to all questions concerning the school law. He shall decide all appeals from the decision of the county superintendents, and may for such de- cisions require affidavits, ven'fied statements or sworn testimony as to the facts in issue. He shall prescribe and cause to be enforced rules of practice and regu- lations pertaining to the hearing and determination of appeals, and necessary for carrying into efifect the school laws of the state. Sec. 755. RECORD OF OFFICIAL ACTS.— He shall keep a complete record of all his official acts and shall file in his office all appeals and the papers pertaining thereto. Sec. 756. SCHOOL LAWS TO BE PRINTED, —He shall at least once in two years cause to be printed the school laws of the state, with such notes and decisions thereon as may seem to him advisable, and shall furnish them as they are needed to the school officers in the state. Sec. 757. CONFERENCE WITH COUNTY SUPERINTENDENTS.— He shall meet the county superintendents of each judicial district or of two or more districts combined at such time and place as he shall appoint, giving them due notice of such meet- ing. The objects of such meeting shall be to ac- cumulate valuable facts relative to schools, to com- pare views, to discuss principles, to hear discussions, and suggestions relative to the examinations and qual- ffications of teachers, methods of instruction, text books, institutes, visitation of schools and other mat- ters relating to the public schools. Sec. 758. SEAL. — He shall provide and keep a seal by which all his official acts may be authenti- Sec. 759. TO ASSIST AT TEACHERS' IN- STITUTES. — He shall when practicable, attend and assist at teachers' institutes and aid and encourage generally teachers in qualifying themselves for the successful discharge of their duties ; he shall labor faithfully in all practicable ways for the welfare of the public schools of the state, and shall perform such other duties as shall be required of him by law. By judicial districts. Objects. Seal. Labor for wel- fare of public schools. 22 GENERAL SCHOOL LAWS Sec. 760. BIENNIAL REPORT, WHAT TO CONTAIN.— He shall, on or before the first day of November ipreceding the biennial session of the legis- lative assembly, make and transmit to the governor a report showing 1. The number of school districts, schools, teach- ers employed and pupils taught therein and the at- tendance of pupils and studies pursued by them. 2. The financial condition of the schools, their re- ceipts and expenditures, value of school houses and property, cost of tuition and wages of teachers. 3. The condition, educational and financial, of the normal and higher institutions connected with the school system of the state and as far as it can be as- certained, of the private schools, academies and col- leges in the state. 4. Such general matters, information and recom- mendations relating to the educational interests of the state, as he may deem important. Sec. 761. REPORTS TO BE PRINTED.— Two thousand copies of the report of the superintendent of public instruction shall be printed biennially in the month of December preceding the session of the legis- lative assembly. One copy shall be furnished to each of the members of the legislative assembly, one copy to each county superintendent of the state, one copy to the president of each school board, one copy to each state officer, one copy to each state and territorial superintendent, and twenty copies shall be iiled in the office of the superintendent of public instruction and ten copies in the state library. The remaining copies shall be distributed among the various colleges, universities and other libraries of the United States. Sec. 763. PUBLICATION- OF PROCEEDINGS OF EDUCATIONAL ASSOCIATION.— The state superintendent of public instruction is hereby au- thorized and required to publish annually, as public matter, two thousand five hundred copies of the proceedings of the North Dakota Educational associ- ation, the "same to be distributed throughout the state by the department of public instruction ; provided, that a copy of the proceedings of said association shall be filed by the secretary or other officer of said association with the superintendent of public in- struction, on or before the first day of February of each year. Report, when. Contents: Number of schools, etc. Financial. Condition of schools. General in- formation. 8000 copies printed. Distribution. Publish pro- -ceedings of Educational Association. Distribution. STATE OF NORTH DAKOTA 23 Sec. 763. SALARY, TRAVELING EXPENS- ES. — He shall receive an annual salary of two thous- and dollars and in addition thereto his actual and necessary traveling expenses incurred in the discharge of his official duties, not exceeding one thousand dollars in any one year, such expenses to be paid monthly on the warrant of the state auditor upon his filing with such auditor an itemized statement of such expenses properly verified. Salary. Traveling penses. CHAPTER 100, SESSION LAWS OF 1909. Course of Study for Normal Schools. Sec. 1. COURSE OF STUDY AUTHORIZED. — For the purpose of encouraging education in the rural communities of North Dakota and promoting a knowledge of rural environment and life, the presi- dents of the state normal schools with the superin- tendent of public instruction are authorized and em- powered to provide and arrange a course of study for the state normal schools of not less than ten and one-half months extent, for students who have com- pleted the eighth grade in the common and rural schools of the state or the eighth grade in the cities, towns and villages, and for such persons as may have previously been granted a certificate to teach in this state. Sec. 2. NORMAL SCHOOLS GRANT CER- TIFICATES. — The said normal schools are further empowered, upon the completion of the course of study hereby provided for with standings I'n each sub- ject which are approved by the superintendent of public instruction, to grant a certificate of comple- tion which shall be the equivalent of second grade teachers' certificate and shall be valid as a certificate to teach in any county of the state of North Dakota. Sec. 3. ^RANCHES REQUIRED.— The course of study herein provided for shall consist of a pro- fessional review of the common branches of study, together with physiology, civil government, methods of teaching, practice and observation and not less than one year's course in elementary agriculture and nature study. Sec. 4. REQUIREMENTS OF STUDENT.— The student admitted to this course of study must be at the time of entrance at least seventeen years of age. Course of study for state normal schools. Certificates. Requirements. 24 GENERAL SCHOOL LAWS Commission , how constituted — duties. submit evidence to the school authorities of good mor- al character and must be able to pass if required, a medical examination showing that he has the general health required to perform the work of a teacher. He must also possess the other qualifications required under the law for the certification of teachers. Sec. 5. REPEAL. — All acts and parts of acts in conflict with this act are hereby repealed. CHAPTER 105, SESSION LAWS OF 1909. School Law Compilation Commission. Sec. 1. COMMISSION, HOW CONSTITUT- ED. DUTIES. — There shall be created not later than the first day of August, 1909, a committee of five persons, of whom the attorney general and the deputy state superintendent of public instruction shall be members, and the other three members shall be appointed by the governor from among the best known and the best posted school men of this state. The said committee shall meet and organize not later than September the first, 1909, and shall proceed with all due care to perform the duties contemplated by this act, as hereinafter provided. The committee shall complete its work not later than September first, 1910. The said committee shall report to the next session of the legislature any contradictions, incon- sistences and omissions found in the existing laws, and shall draft and report to that session of the leg- islature such school laws as, in its judgment, would be of use and benefit to the state, for inforamtion, assistance and action of said legislature. Sec. 2. APPROPRIATION FOR EXPENSES OF THE COMMISSION.— There is hereby appro- priated out of any moneys in the state treasury not otherwise appropriated, a sum of money sufficient to meet the actual and necessary expenses of the com- mittee ; provided, however, that the members of this commission shall receive no compensation whatever. All bills for expenses shall be paid only upon the presentation of duly verified vouchers, approved by the state board of audit. Sec. 3. REPEAL. — All acts and parts of acts in- consistent with this act are hereby repealed. Appropriation for expenses. STATE OF NORTH DAKOTA 25 Article 2. — County Superintendent of Schools. S€C. 764. ELECTION, TERM OF OFFICE.— There shall be elected in each organized county, at the same time other county officers are elected, a county superintendent of schools, whose term of office shall be two years, commencing on the first Monday in January following his election, and until his suc- cessor is elected and qualified. Any voter residing in an independent school district, organized under a special act, having a board of education and city superintendent of schools, shall not be qualified to vote for county superintendent of schools. Sec. 765. GENERAL DUTIES.— The county su- perintendent of schools shall have the general superin- tendence of the public schools in his county, except those in cities which are organized under special law and those in special or independent school districts, shall visit each public school under his supervision. He shall at such visit carefully observe the condition of the school, the mental and moral instruction given, the methods of teaching employed by the teacher, the teacher's ability and the progress of the pupils. He shall advise and direct the teacher in regard to the instruction, classification, government and discipline of the school and the course of study. He shall keep a record of such visits and by memoranda in- dicate his judgment of the teacher's ability to teach and govern and the condition and progress of the school, which shall be open to inspection by any school director. Sec. 767. GENERAL DUTIES.— He shall carry into efi^ect all instructions of the superintendent of public instruction given within his authority. He shall distribute to the proper officers and to teachers all blanks furnished him by such superintendent, and needed by such officers and teachers. Acting under the instructions of the superintendent of public instruc- tion, he shall, when expedient, convene the teachers of his county at least one Saturday in each month dur- ing which the public schools are in progress, or if the distance is too great he may convene the teachers of two or more districts' in each of the several portions of his county in county or district institutes, or teach- ers' circles, for normal instruction and the study of methods of teaching, organizing, classifying and gov- erning schools, and for such other instruction as may Election. Term — 2 years. \''ote — who may not. General over- sight. jixception. Shall visit schools. Advise teach- ers. Keep records. General duties. Convene teachers. Object. 26 GENERAL SCHOOL LAWS Teachers shall, attend. be set forth in the course of reading prescribed by the superintendent of pubhc instruction for the state teachers' reading circle. Each teacher shall attend the full session of such institute or circle and par- ticipate in the duties and exercises thereof or forfeit one day's wages for each day's absence therefrom, unless such absence is occasioned by sickness of the teacher or others to whom his attention is due; but when, on account of distance or otherwise, it would impose a hardship upon any teacher to attend, or would cause such teacher to neglect his school, the county superintendent may excuse such teacher from attendance. Excused- when. Keep official records. File reports. Seal. Instruct offi- cers in record keeping. Furnish asses- sors with plats. Meet officers to discuss general wel- fare of schools. Sec. 768. RECORD OF OFFICIAL ACTS.— He shall keep a record of all his official acts, and shall preserve all books, maps, charts and apparatus sent him as a school officer, or belonging to his office. He shall file all reports and statements from teachers and school boards and shall turn them over to his suc- cessor in office. He shall be provided with a seal by which his official acts may be authenticated. Sec. 769. MEETINGS WITH SCHOOL OFFI- CERS. — He may arrange for meetings with school officers at designated times and places, due notice of which has been given, for the purpose of inspecting the district records and instructing in the manner of keeping the same, and of preparing the reports of dis- trict officers. He shall visit the officers of the several school cfistricts as often as may be necessary to se- cure the correct keeping of the records. He shall, on or before the first day of April of each year, prepare and furnish to the several assessors of the county a correct sectional map of their respective districts, showing the boundaries and names' or numbers of all school districts therein ; provided, also, that in coun- ties -having the district system, he may convene the members and clerks of the school boards in his coun- ty, or such representatives of the school officers of each district as the president or members of the school boards may appoint, in case he or they cannot attend personally, for the purpose of discussing plans and methods for the improvement and general care of the schools ; provided, further, that such general meeting shall not occur more than once in each vear. STATE OF NORTH DAKOTA 27 Decides ques- tions of school law. Appeal to the state superin- tendent — How- taken. May administer oaths in school matters. Institute fund. 'Sec. 770 TO DECIDE QUESTIONS IN CON- TROVERSY. — He shall decide all matters in contro- versy arising in his connty in the administration of the school law or appealed to him from the decisions of school officers or boards. An appeal may be taken from his decision to the superintendent of public in- struction, in which case a full written statement of the facts, together with the testimony and his decision in the case shall be certified to the superintendent of pub- lic instruction for his decision in the matter, which de- cision shall be final, subject to adjudication or the proper legal remedies in the courts. Sec. 771. POWER TO ADMINISTER OATHS. — He shall have power to administer oaths of office to all subordinate school officers, and to witnesses and to examine them under oath in all controversies pending before him arising in the administration of the school laws ; but he shall not receive pay for administering such oaths. Sec. 772. INSTITUTE FUND, HOW RAISED AND USED. — All funds received by him for the ex- amination of teachers shall be turned over to the county treasurer, who shall keep the same as a ^special fund to be known as the "Institute Fund," and which shall be used only for the expenses of holding county teachers' institutes, or supporting teachers' training schools, to be paid out upon the proper warrants issued by the county auditor upon the sworn and itemized voucher of the county superintendent. Sec. 773. APPORTIONMENT OF STATE TUITION FUND.— He shall make apportionment of the state tuition fund among the school corporations of the county, as provided in this chapter. Sec. 774:. TEACHER'S CERTIFICATE MAY BE REVOKED, Vv^HEN.— He shall see to it that the pupils are instructed in the several branches of study required by law to be taught in the schools, as far as they are qualified to pursue them. If any teacher neglects or refuses to give instruction as required by law in physiology and hygiene and the nature and efifect of alcoholic drinks and other nar- cotics, the county superintendent shall promptly re- voke such teacher's certificate and cause him to be discharged. If the teacher so neglecting or refusing to give instruction in said branches holds a state cer- tificate the county superintendent shall immediately Use of. Apportion state funds. May revoke teachers' cer- tificates — when. 28 GENERAL SCHOOL LAWS Annual report. Salary with- held. Office rent, postage, etc., paid by county. Salary — how determined certify such refusal or neglect to the state superin- tendent of public instruction. (See organic lazv, ante.) 'Sec. 775. REPORT TO STATE SUPERIN- TENDENT. — He shall, on or before the fifteenth day of September in each year, make and transmit a report to the superintendent of public instruction, containing such statistics, items and statements relative to the schools of the county, as may be required by such sup- erintendent. Such report shall be made upon and con- form to the blanks furnished by the superintendent of public instruction for that purpose. He shall not be paid his salary for the last quarter of his official year until he presents to the county commissioners the re- ceipts of the superintendent of public instruction for such annual report. Sec. 776. OFFICE, POSTAGE AND STATION- ERY. — He may provide for himself a suitable office for the transaction of official business when not pro- vided therewith by the county commissioners, and such commissioners shall audit and pay his reasonable . accounts for the use and furniture of such office. They shall also furnish him with all necessary books, sta- tionery and postage. Sec. 777. SALARY. DEPUTIES. TRAVEL- ING EXPENSES. — The salary of the county super- intendent of schools shall be as follows : In each county having one school and not over five, one hun- dred and fifty dollars ; six schools and not over ten, three" hundred dollars; eleven schools and not over fifteen, four hundred dollars ; sixteen schools and not over twenty, five hundred dollars ; twenty-one schools and not over twenty-five, six hundred dollars ; twen- ty-six schools and not over thirty, seven hundred dol- lars ; thirty-one schools and not over thirty-five, eight hundred dollars ; thirty-six schools and not over forty, nine hundred dollars ; forty-one schools and not over fifty, one thousand dollars ; and for each additional school ten dollars additional ; provided, that in com- puting the salary of such superintendent no school shall be included unless the same shall have been taught at least four months during the preceding school year; provided, further, that such salary shall not exceed one thousand five hundred dollars I'n any county where the number of schools does not exceed STATE OF NORTH DAKOTA 29 one hundred thirty, and in counties where the num- ber of schools exceeds one hundred thirty, the county superintendent shall be allowed, in computing such salary, five dollars additional ; provided, always, that salary shall in no case exceed two thousand dollars. In addition thereto he shall receive ten cents a mile for the distance actually and necessarily traveled by him in the discharge of his duties. He shall at the ^*'^^ss. end of every three months make and furnish to the county commissioners an itemized statement, sub- scribed and sworn to, of the distance so traveled in the discharge of his duties, which shall be audited and ordered paid by the board of county commission- ers. The amount of his salary and the appropriation for office deputy shall be determined each year by the actual number of schools or separate departments in graded and high schools in the county in which school has been taught for at least four months during the preceding school year and the same shall be paid out of the county general fund, monthly upon the warrant of the county auditor ; pro- vided, that whenever the number of schools in a county is diminished by reason of the consolidation of schools or other provision for the in- Deputy struction of pupils in any district or districts the same Salary. number of schools shall be counted for such district or districts in computing the salary of the county superintendent as existed before said consolidation or other provision until such time as the number of sep- arate departments in the general school or schools provided for the pupils of vacated schools shall equal the number of schools originally vacated. In coun- ties having fifty or more schools the county superin- tendent may appoint an office deputy for whose acts as such he shall be responsible, which deputy shall be entitled to a salary equal to fifty per cent of the coun- ty superintendent's salary ; provided, further, that in counties having one hundred fifty or more schools the county superintendent shall be allowed one deputy for Additional dep- each one hundred schools or major fraction thereof, under the supervision of said superintendent. Such deputies shall be for the purpose of assisting the county superintendent in visiting the schools and in the general supervision of the educational work of the county. They shall possess the qualifications of the county superintendent specified in section 778 and 30 GENERAL SCHOOL LAWS Must hold state certificate. Must hold first grade certificate. Not to teach. Not to have other business or be absent from county. May be re- moved — when. Not unless sal- ary is less than $1,000. shall each receive a salary of two hundred dollars in excess of that paid to the office deputy. Sec. 778. (Amended.) • QUALIFICATIONS OF. — No person shall be deemed qualified for the of- fice of county superintendent in any county where the salary is one thousand dollars or more per year, who is not a graduate of some reputable normal school or higher institution of learning, or does not hold a state certificate of the first class or a life professional cer- tificate, and who has not had at least two years' suc- cessful experience in teaching,' one year of which shall have been in the state. No person shall be deemed qualified for the office of county superintendent in counties where the salary is less than one thousand dollars per year unless he holds a certificate of the highest county grade or its equivalent. Sec. 779. SHALL NOT ENGAGE IN TEACH- ING. — No county superintendent of schools, except as hereinafter provided, shall engage in teaching dur- ing the term for which he was elected, nor shall any person under contract to teach be qualified to hold the office of county superintendent of schools. iSec. 780. SHALL NOT ABSENT .HIMSELF FROM COUNTY.— No county superintendent of schools shall engage in any profession or occupation, nor shall he absent himself from the county or district for which he is elected to engage in any occupation, profession or pursuit during the term for which he is elected for such time and in such manner as to inter- fere with the proper discharge of his duties as county superintendent of schools. •Sec. 781. SUBJECT TO REMOVAL.— Any county superintendent of schools who neglects or vio- lates any of the provisions of sections 779 and 780 shall be subject to removal from office. Sec. 782. NOT APPLICABLE IN EVERY COUNTY. — None of the provisions of sections 779 and 780 shall be applicable to counties in which the salary of county superintendent of schools is less than one thousand dollars per annum. Article 3. — Free Public Schools. Sec. 783. The state university and school of mines at Grand Forks, the agricultural college at Fargo, the state normal schools at Valley City and Mayville, the deaf and dumb asylum at Devils Lake, the industrial STATE OF NORTH DAKOTA 31 School corpor- what constitutes. school and school of manual training^ at Ellendale, a Free public scientific school at Wahpeton, the school of forestry at Bottineau, and all other schools heretofore estab- lished by law and maintained by taxation constitute the system of free public schools of the state. {See Sec. 14/, Const.) Article 4. — School Districts. Sec. 784. WHAT CONSTITUTES A SCHOOL CORPORATION.— Each civil township in the state, not organized for school purposes under the district system at the taking effect of this code, shall be and is hereby constituted a distinct school corporation, and whenever in any county a civil township shall hereafter be organized it shall from and after such or- ganization be and constitute a distinct school corpora- tion, except as otherwise specially provided in this chapter. {Appendic C. — VI, 2, a.) Sec. 785. SCHOOL TOWNSHIP TO CON- FORM TO CIVIL TOWNSHIP WHEN POS- SIBLE. — Each school township in every county in the state, which at the taking effect of this code con- sists of territory not organized into a civil township, shall be and remain a distinct school corporation ; pro- vided, that whenever such school township, or any To conform to part thereof, shall be. organized into or annexed to a "^' °^"^ '^' civil township, such civil township shall thenceforth constitute a distinct school corporation ; but nothing in this section shall be construed to alter the boundary lines of any school township organized prior to the passage of this code, except upon petition as herein- after provided. (Appendix- C. — VI, 2, a.) Sec. 786. WHAT TERRITORY MAY BE OR- GANIZED INTO DISTRICT SCHOOL CORPOR- ATIONS. — The county commissioners of each coun- Duty of county , . . , , . .. commisstoners. ty not organized for school purposes under the dis- trict school system at the taking effect of this code, shall organize into a district school corporation any territory not, at the taking effect of this code, al- ready organized into a civil township or a school town- township upon being petitioned so to do by one-third of the residents of such territory, having the care and custody of any child of school age ; provided, such ter- ritory shall consist of not less than one congressional township, having at least eight thousand dollars in taxable property and at least ten children of school Petition. 32 GENERAL SCHOOL LAWS age residing therein. ;The county commissioners of Conditions. every such county, with the advice and consent of the county superintendent, may rearrange the bound- aries in any school corporation whose territory is not included within a civil township, when petitioned so to do by a majority of the voters residing within such school corporation, whose boundaries will be affected thereby, subject to the same restrictions and condi- County com- tious as to cxtcut of territory, value of taxable prop- missioners may erty and number of resident children of school age iltory— \v^hen. ' as in the Organization of a school corporation from territory not included in a civil township. In the formation of school corporations and the rearrange- ment of their boundaries as provided for in this sec- tion, the boundary lines of congressional townships Boundaries. ^''^^^^ ^^ followcd as far as possible on school corpor- ation lines. (Appendix C. — VI, 2, /.) Sec. 787. NEW SCHOOL DISTRICTS, HOW FORMED. — In any county hereafter organized the county commissioners shall so divide the county or the parts thereof, which include every congressional ^^on whlt^'^co^ township in such county which has residing therein ditions formed, j^q^ iggg ^hau ten children of school age, into school corporations as will best promote the permanent in- terests of public schools in the county, upon the same petition and subject to the same conditions and re- strictions as are contained in section 786. Sec. 788. {Amended.)— ^W£^ SCHOOL COR- PORATIONS MAY BE DIVIDED AND AT- District divided TACHED TO OTHER DISTRICTS.— If a portion stacie! "*^^ ° ' of any such school corporation having not more than ten children of school age residing therein is separated from the other portion of such corporation by any natural obstacle which practically prevents such chil- dren from attending school in such other portion, the county commissioners of the county may annex such portion so separted to an adjoining school corpora- tion, and the portion so annexed shall constitute a part of such adjacent corporation. If such adjacent corporation lies in another county, the county com- Territory in iiiissioncrs of the two counties may jointly make such how divided. annexation ; provided, that whenever portions of a school corporation lie in different civil townships there may be created therefrom two or more distinct school corporations, when in the judgment of such commis- sioners and superintendent, such change can be made STATE OF NORTH DAKOTA 33 Town or vil- lage divided by county line — procedure. without detriment to the schools or to the pupils there- in, and the division can be made by following the boundary line or lines of congressional townships, or the meander lines of the government survey. Sec. 789. ANNEXATION OF SCHOOL COR- PORATIONS. — In any county not organized for school purposes under the district system at the taking effect of this code, if a town or viUage not organized into a special district is divided by a civil township line of if such town or village is divided by any coun- ty line, the county commissioners of such county, or the county commissioners of such adjacent counties acting in joint session, as the case may be, may when petitioned so to do by a majority of the voters of each part of said town or village, annex one part of such town or village to the adjacent school corporation which includes the other part of such town or village and the part so annexed shall constitute a portion of such adjacent corporation. Sec. 790. WHEN CIVIL TOWNSHIPS MAY CONSOLIDATE INTO SCHOOL DISTRICT.— In any county not organized for school purposes un- der the district system at the taking effect of this code, if a civil township, having less than fifteen per- sons of school age residing therein, by reason of the irregular course of natural boundary, contains less than twelve sections or square miles of territory, it shall constitute a portion of the adjacent school dis- trict with which it has the longest common boundary line. Sec. 791. SCHOOL DISTRICTS, HOW NAM- ED. — Each school corporation constituted or formed under the provisions of this article, shall be designated a school district as distinguished from a civil town- ship or congressional township and shall be named as follows : Each school district which consists of a civil township shall be named " school district of County, state of North Dakota," with the name of the civil township which constitutes the districts inserted in the blank before the word "school," and the name of the county in which it is situated in- serted before the word "county." Each school dis- trict which consists of territory not organized into a civil township, but which has been named by a dis- tinctive name shall have such distinctive name inserted in the blank before the word "school." Each school Fractional township con- solidated with adjacent dis- trict, when. Name of school district. -3— 34 GENERAL SCHOOL LAWS old numbers retained. Re-arrange- ment under this code. district consisting of territory not organized into a School district civil township which has no distinctive name shall be num ere . named "school district No of county, state of North Dakota," with its proper number in- serted in the blank after the .word "number," and the proper name of the county mserted in the blank before the word "county;" provided, that in each county organized for school purposes under the district sys- tem at the taking effect of this code, the several school districts shall retain and be known by the number which they have respectively at the time of the taking- effect of this code and any school district hereafter formed in any such county shall be known by the num- ber next higher than that of the highest pre-existing numbered district. ; Sec. 792. WHEN BOUNDARIES TO BE RE- ARRANGED AND ESTABLISHED AND HOW. — The county commissioners and county superintend- ent of schools in each county, which at the taking eif ect of this code is organized for school purposes un- der the district system, shall meet on the first Monday in May, A. D. 1896, at the place where the meetings of such commissioners are usually held and shall rear- range and establish the boundaries of the several school districts of the county unless the same has al- ready been done, as follows : 1. Each civil township in a county, no part of which is included in a school district already organ- ized, shall be formed into a single school district. 2. Each congressional township in the county, no part of which is included in a civil township nor in an organized school district, if it contains twelve or more persons of school age, shall be formed into a single school district. 3. All territory in a county situated in civil town- ship, part of which is organized into a school district, or situated in a congressional township not included in a civil township, and a portion of which is organized into a school district shall be annexed to and form part of the organized school district lying wholly or in part in such civil or congressional township. '4. Each school district now organized which has less than ten persons of school age residing therein shall be annexed to and form a part of such adjacent school district as shall be most convenient for such persons of school age when in the judgment of such Civil township a single dis- trict. Congressional township, same. Partly organ- ized territory. Districts to be consolidated — when. STATE OF NORTH DAKOTA 35 commissioners and superintendent such annexation can be made without detriment to the school or to the pupils residing in such district. 5. The boundary lines of each school district which lies partly within two or more civil townships shall be so changed that such school district shall lie wholly within one civil township, so far as in the judgment of such commissioners and superintendent such change can be made without detriment to the schools or to the pupils therein. 6. 'Such commissioners and superintendent shall make such changes generally in the boundary lines of the school districts of the county, not in their judg- ment detrimental to the interests of the schools of the county as will reduce the number of school districts in the county, and form school districts not extending beyond the boundaries of the civil township. (Sec Sec. 786.) Sec. 793. (Amended.) BOUNDARIES, HOW CHANGED IN FUTURE.— After the boundary lines of the several school districts of any of the counties of this state are re-arranged and established as pro- vided for in the last preceding section of this arti- cle, such boundary may be changed or re-arranged by the county commissioners and the superintendent of schools at any regular session, and if a town or village, not organized into a special district and con- taining twelve or more persons of school age is divid- ed by the line of a civil or congressional township or is partly in two or more districts, such town or village with adjacent territory in both or all of the districts 111 which it is situated not exceeding ten square miles in extent and not at any point more than three miles distant from said town or village may be formed into a new and separate district, if in the judgment of the commissioners and superintendent such a change or the formation of such new district is for the best interests of the schools. Any change or re-arrangement of boundaries may be made or new district formed as hereinbefore provided for upon petition signed by one-third of the voters resid- ing in each district whose boundaries will be affected by such change or re-arrangement and by three- fourths of the voters resident in the parts of districts to be included in any new district formed under the provisions of this section ; provided, that each con- Boundaries changed — when. General changes. Future changes in boundaries. New district formed. 36 GENERAL SCHOOL LAWS District may sue; be sued; contract; hold property. gressional township not wholly or In part included in a civil township, and no part of which is organized for school purposes, shall be formed into a school dis- trict as soon as it shall have residing therein twelve or more children of school age. {See Appendix C. —VI, 2, a; also Appendix D. — Note 8.) Sec. 794. RIGHTS AND POWERS OF SCHOOL CORPORATIONS.— Each school dis- trict constituted and formed as provided in this article shall be a distinct corporation, and under its proper name or number as such corporation, may sue and be sued, contract and be contracted with, and may ac- quire, purchase, hold and use personal or real prop- erty for school purposes or for the purposes men- tioned in this chapter and sell and dispose of the same. Sec. 795. PLATS OF SCHOOL DISTRICTS TO BE FURNISHED BY COUNTY AUDITOR. — The county auditor shall within thirty days after the first school election held as provided herein, trans- mit to the state auditor, to the superintendent of pub- lic instruction and to the county superintendent, a plat of the county, showing the boundaries and name of each school corporation therein, and shall record a copy of the same, together with all proceedings of the county board had and done under this chapter in a proper book kept for that purpose. He shall promptly furnish such officers with a correct plat showing any changes at any time in the boundaries of school cor- porations. The superintendent of public instruction shall furnish instructions for the suitable preparation and construction of such plats in regard to scale and markings, I'n order to secure a uniform series of maps for binding for office use. Plats of school districts , coun- ty auditor shall furnish. Specifications to be furnished by state sup- erintendent. Organization of districts made valid. Sec. 796. LEGALIZING IRREGULARITIES, — All school districts, whether duly and legally organ- ized under the provisions of statute or not, which for six months or more last past have had a de facto or- ganization, are hereby declared to be legally organized and are authorized to exercise all the functions of school districts which have been duly and legally or- ganized as provided by statute, with the boundaries which they may have at the time of the going into effect of this article, and all contracts and obliga- tions of said districts and the acts of the officials there- of are hereby ratified and confirmed so far as to give them the' same validity which they would have had if such districts had been legally organized. STATE OF NORTH DAKOTA 37 School officers elected — when. Term. In new district. Article 5. — Election of Officers. Sec. 797. (Amended.) OFFICERS TO BE ELECTED. — On the first Tuesday in June of each year there shall be elected one school director for the term of three years and on the first Tuesday in June of each even numbered year a school treasurer for the term of two years. Such officers shall hold their re- spective offices from the second Tuesday in July fol- lowing their election for the number of years respec- tively for which they were elected, and imtil their suc- cessors are elected and qualified. At the first election for the organization of a new school district there shall be elected at large for such school district three direc- tors, one to serve until the first annual election, one to serve until the second annual election, and one to serve until the third annual election thereafter and a school treasurer to serve until the annual election in the next even numbered year and until his successor is elected and qualified. (Sec Appendix D. — Note p.) . Sec. 798. POLLING PLACES. HOW ESTAB- LISHED. APPOINTMENT OF ELECTION OF- FICERS. — The county superintendent in each coun- ty shall, at least twenty days prior to the first election in the new district, fix and designate some polling place in each school district so located as to be conven- ient for the voters of such district, and shall appoint two persons to act as judges and two to act as clerks of the election of such school officers ; such judges and clerks shall be qualified voters in their respective dis- tricts. The county supermtendent shall notify in writing such judges and clerks of their appointment, and of the place fixed and designated as the polling place in their respective districts, and shall furnish them with the necessary blanks and poll books for such election. He shall also furnish one of such clerks with three notices of such election specifying the time and place at which such election is to be held, the offi- cers to be elected and term of each, which notices such clerk shall post in three of the most public places in the district at least ten days prior to such election. The county superintendent shall fix the date and perform other such duties as devolve upon him by the provis- ions of this section for the first election in any school district hereafter formed under the provisions of this County super- intendent to fix polling places and ap- point election officers. Shall notify election boards and furnish election blanks. Notices of election. Other duties. 38 GENERAL SCHOOL LAWS Polls open- hours. chapter, and such election shall be called by the coun- ty superintendent within thirty days after the forma- tion of such school district. Sec. 799. WHO QUALIFIED TO VOTE OR HOLD OFFICE.— At any election of school officers in any school corporation in this state all persons who are qualified electors under the general laws of the state and all women twenty-one years of age having the necessary qualifications as to citizenship and resi- who may vote, deucc required of male voters by law, shall be qualified voters and shall be eligible to the office of county sup- erintendent of schools, school director or member of the board of education or school treasurer, or maybe judge or clerk of such election ; provided, however, that the county superintendent must possess the edu- cational qualffications named in section 778 of the re- vised codes of 1905. Sec. 800. HOURS POLLS OPEN.— At all elec- tions for school district officers, the polls shall be opened at two o'clock p. m. and closed at five o'clock p. m. Sec. 801. (Amended.) NOTICE OF ANNUAL ELECTION.— At least fifteen days before the first Tuesday in June of each year the district school board of each school district shall designate one polling place as convenient as possible to the voters of such district of. at which such annual election shall be held, and shall cause notice of such election to be posted in at least three of the most public and conspicuous places within the district. Such notices shall be signed by the clerk or in his absence by the president of the district school board, and shall state the time and place of holding such election, and the officers to be elected and their term of office, and shall be substantially m the fol- lowing form : Notice is hereby given that on Tuesday the day of June, A. D an election will be held at (here insert polling place) for the purpose of electing (here insert officers to be elected and term each is to serve) for school district No or for (here insert name of school district.) The polls will be opened at two o'clock p. m., and closed at five o'clock p. m. of that day. By order of school board. Signed Clerk. Annual elec- tion — notice Form. STATE OF NORTH DAKOTA 39 Election board — how consti- tuted. Vacancy. Sec. 802. JUDGE'S OATH.— At such annual elec- tion any two of the directors of the school district may act as judges and the clerk of the district school board and one other person to be chosen by the voters pres- ent at the opening of the polls, shall act as clerks. The voters present at the opening of the polls shall choose a person to fill any vacancy caused by the absence of either of such officers to act as judge or clerk of such election. Before opening the polls each of the judges and clerks of election shall take and subscribe the fol- lowing oath or affirmation : ' 'T do solemnly swear (or affirm) that I will perform my duties as judge or clerk (as the case may be) according to law and the best of my ability." Such oath or affirmation may be administered by any officer authorized to administer oaths or by either of the judges or clerks. Any school officer elected and qualified under the provisions of this chapter is authorized and empowered to administer any oath or affirmation pertaining in any manner to school offices. Sec. 803. ELECTION, HOW CONDUCTED. CANVASS OF VOTES.— Such election shall be con- ducted and the votes canvassed as provided by law for general elections, except as otherwise provided in this chapter. Immediately after the polls are closed the judges shall proceed to count and canvass the votes for each person voted for at such election for any office, and the person receiving the highest number of votes for the office of director or treasurer shall be de- clared elected. If the election results in a tie for any such office the district clerk shall immediately notify in writing the parties having received such tie votes, and a time shall be agreed upon by the parties, within three days after the election, at which the election shall be decided in the manner that may be agreed upon by the parties, in presence of the judges and clerks of elec- tion, and a record of the proceedings shall be made in the records of the district clerk. Sec. 804. CERTIFICATES OF ELECTION.— The clerk of the school district shall within five days after such election furnish each person elected to any district office a written notice of his election, and that he shall take the oath of office as such officer on or be- fore the second Tuesday in July following such elec- tion. He shall also forward to the county superintend- ent within ten days after such election, a certified list of all the officers elected thereat. Oath. Who may ad- minister. Elections- duct of. Canvass. Tie — how de- termined. Clerk shall notify person elected. Also county superintendent. 40 GENERAL SCHOOL LAWS Sec. 805. OATH OF OFFICE.— Each person elected to the ofifice of school director or treasurer shall before entering upon the duties of his office, take and subscribe the oath prescribed in section 211 of the con- stitution, which oath shall be filed with the clerk of the school district board. Official oath. School board- how consti- tuted. Quoruin. Annual meet- ing. Clerk. Meetings. Special meet- ings. Compensation. Article 6. — Organization, Meetings and Duties OF District Officers. Sec. 806. DISTRICT SCHOOL BOARD QUO- RUM. — The three school directors in each school dis- trict shall constitute the district school board. A ma- jority of the board shall constitute a quorum and the agreement of a majority shall be necessary to the valid- ity of any contract entered into by the board. Sec. 807. ORGANIZATION.' CLERK.— The school board shall meet annually on the second Tues- day in July and organize by choosing one of the mem- bers president, and a competent person, not a member of the board, clerk, who shall hold his office during the pleasure of the board. {See Appendix D — Note II.) Sec. 808. (Amended.) MEETINGS OF BOARD. FEES. — ^The board shall, on the second Tuesday in January, April, July and October of each year, hold regular meetings for the transaction of business at such hour and place as may be fixed by the board. A special meeting may be held upon the call of the presi- dent or the other two members. Written notice of the time and place of any special meeting shall be given to each member of the board at least forty-eight hours before the time of such meeting. Each member of the board shall be paid the sum of eight dollars per annum, less two dollars for each regular meeting which he fails to attend ; provided, that in any common school district which contains a graded school of three or more departments the board shall hold regular meet- ings for the transaction of business on the second Tues- day of each month at such time and place as may be fixed by the board, and in such districts, the members of the board shall receive a compensation of one dol- lar for each irxceting attended ; provided, further, that in counties having the district system, the president and clerk, and in counties having the township system, the members and clerks or such officers as such presi- dent and board may appoint to represent them shall re- STATE OF NORTH DAKOTA 41 President- duties of. ceive ten cents a mile for the distance necessarily trav- eled in attending general meetings of the presidents, members and clerks of school boards convened bv the county superintendent, and also a salary of two dol- lars, but the total sum of such salary and mileage shall not exceed five dollars for each representative in at- tending any one meeting. Sec. 809. (Amended.) DUTIES OF THE PRESIDENT.— The president shall preside at all meetings of the board, and shall perform such duties as usually pertain to such office, and in accordance with the customary rules of order. In his absence a pres- ident pro tempore shall preside. The president shall perform such other duties as are prescribed in this chapter. It shall also be the duty of the president to attend such general meetings of school officers as may be convened by the county superintendent of schools. When the president cannot attend such meetings per- sonally, he shall appoint some other school officer to represent the district at such general meeting. Sec. 810. DUTIES OF CLERK. COMPENSA- TION. — The clerk of the board shall keep an accur- ate record of all proceedings of the board, give or post all notices, make out all reports and statements and perform all other duties required by law or by the board. He shall receive such compensation as shall be fixed by the board, not less than ten dollars for one school and five dollars for each additional school in his district ; provided, that such salary shall not exceed forty dollars in any one year. Sec. 811. TREASURER'S BOND, HOW APPROVED. A^ACANCY, HOW FILLED.— The school treasurer shall, on or before the second Tues- day in July following his election and before entering upon his duties, give a bond to the school district con- ditioned for the honest and faithful discharge of his duties and that he will render a true account of all funds and property that shall come into his hands and pay and deliver the same according to law. Such bonds shall be in such sum as may be fixed by the board but not less than double the sum to come into his hands in any one year as nearly as may be ascertained, which bond shall be signed by two or more sufficient sureties to be approved by the school board. In case the school Amount fixed board neglects or refuses to approve the bond of such ^ °^'^ ' treasurer and the sureties thereon, such treasurer mav Clerk- of. -duties Compensation. Bond. 42 GENERAL SCHOOL LAWS When county superintendent may approve. County treasur- er to act — when. present the same to the county superintendent and serve notice thereof upon the board and due proof of such notice being made to the county superintendent, he shall, unless good cause for delay appears, proceed to hear and determine the sufficiency of the bond and the sureties thereon, and may approve or disapprove the same as the facts warrant. In case of a failure to elect a successor to any school treasurer at the ex- piration of his term of office the said treasurer holds over (and) he shall be recjuired to give a new bond, within ten days after notice by the board. In case of a failure so to do a vacancy shall be deemed to exist in said office and shall be filled as provided by law. In case a vacancy occurs in the office of the district treasurer, it shall be the duty of the county treasurer of the county wherein such school district is located, upon being notified by the county superintendent or clerk of such school district that such vacancy exists, to perform the duties of treasurer of such school dis- trict until the vancacy is duly filled. Sec. 813. WHEN ADDITIONAL BONDS RE- QUIRED. — Whenever the amount in the hands of the treasurer or subject to his order exceeds two-thirds of the penal sum of his bond or when in the judgment of the board or of the county superintendent the security on such bond is impaired, the board or county super- intendent shall require an additional bond. If the treasurer fails for twenty days to give such additional bond the office shall be declared vacant and the vacancy shall be filled as provided by this chapter. Sec. 813. SURETY BONDS, PREMIUMS, HOW PAID. — That every person hereafter elected to the office of district school treasurer within the state of North Dakota, be, and is hereby required to give an official bond in a penal sum to be fixed-by the board of directors, which bond shall not be in a less penal sum than double the amount of money likely to come into his hands in any one year, and such board may by reso- lution require that such bond shall be executed by some responsible fidelity or surety company authorized and qualified to do business in the state of North Dakota, and subject to approval as provided by law; provided, further, if a surety bond is given it shall be given for a sum fixed by the board of directors. ' The amount of premiums for such surety or fidelity bond shall be aud- ited by the board of directors and paid out of the gen- eral fund of the district. Additional bond — when re- quired. Vacancy on failure to give. Surety com- pany bond may be re- quired. Premium to be paid by dis- trict. STATE OF NORTH DAKOTA 43 Sec. 814. iSCHOOL FUNDS, HOW PAID OUT. — The school treasurer shall keep such accounts and make such reports as are required of him by law and shall publish his annual statement in a newspaper pub- lished in the nearest city or town to his district. He shall pay no money out of the funds in his hands ex- cept upon the warrant of the school board, signed by the president and countersigned by the clerk. He shall pay all warrants properly drawn and signed when pre- sented, if there is any money in his hands or subject to his order for their payment. ' Annual state- ment to be published. No money to be paid except on warrant. Sec. 815. (Amended.) WARRANTS TO BE IN- DORSED WHEN NO FUNDS TO PAY.— When a warrant is presented to the treasurer for payment and there is no money in his hands or subject to his order belonging to the proper fund for the payment of such warrants, he shall indorse on such warrant "pre- sented for payment this day of 190 , and not paid for want of funds," and shall sign such indorsement. If he has in his hands or sub- ject to his order money for the part payment of such warrant he shall make such part payment and indorse the sum on the warrant and add "balance not paid for want of funds," signing the same. He shall keep a correct register of all warrants so presented and in- dorsed. Each warrant thus presented and indorsed shall draw interest on the amount unpaid at a rate not to exceed eight per cent per annum from the date of such presentation and indorsement until paid ; provid- ed, that when there shall come into the hands of the treasurer or subject to his order, money applicable to the payment of any warrant which has been so present- ed and registered, the treasurer shall notify in writing by mail the drawee of such warrant at his last known place of residence to present such warrant for pay- ment, and interest shall cease upon every such warrant ten days after such notice shall have been sent, and such money shall be held for the payment of such war- rant. Sec. 816. WARRANTS, WHAT TO SPECIFY. — Each warrant drawn by the clerk or the board on the district treasurer must specify the purpose for which it is drawn, the fund on which it is drawn and the per- son to whom payable ; and no warrant shall be issued except for an indebtedness incurred prior to its issue. Endorsements on unpaid warrants. Interest S ner cent. Notice to drawee. Warrants — what to specify. 44 GENERAL SCHOOL LAWS Official oaths and bonds — where filed. Sec. 817. OATHS AND BONDS, WHERE TO BE FILED. — All official oaths and bonds of school district officers shall be filed with the district clerk, who shall immediately certify to the county superintendent tne fact of such oaths and bonds 'being filed. Said clerk shall file school treasurer's bond with county aud- itor after such bond has been approved by the district school board, as, provided in this chapter. In case of the breach of any of the conditions of the treasurer's bond, the board, through its president, and in case of his refusal so to do, the county superintendent shall cause an action to be commenced and prosecuted there- on in the corporate name of the district, and any money collected for the district shall be paid to the district treasurer and any money collected for fines shall be Action on treas- paid into the county treasury and be credited to the general school fund of the state. If the board and county superintendent both fail or refuse to bring such action any taxpayer in the district may commence and prosecute such action, and the necessary expense there- of shall be paid out of the district treasury unless oth- erwise ordered by the court. {See Appendix C. VIII. also Appendix D, Note ij.) urer's bond. Treasurer's salary. Board shall have' general charge and con- trol. No relative em- ployed without unanimous con- sent of board. May establish, locate , main- tain , change or discontinue schools. Sec. 818. SALARY OF SCHOOL TREASUR- ER.^ — -The school treasurer shall be paid for his ser- vices such sum as shall 'be fixed by the board not less than five nor more than twenty-five dollars per annum. Article ?. — Powers and Duties of District School Boards. Sec. 819. GENERAL POWERS.— The district school board shall have the general charge, direction and management of the schools of the district, and the care, custody and control of all the property belong- ing to it, subject to the provisions of this chapter; pro- vided, that in the employment of teachers, no relative of any member of the district board shall be hired without the unanimous consent of the board. Sec. 820. POWER TO ESTABLISH SCHOOLS. — It shall organize, maintain and conveniently locate schools for the education of children of school age within the district, and change or discontinue any of them in the cases provided by law. {See sec. /'04.) STATE OF NORTH DAKOTA Repairs, fuel, etc. Furniture and apparatus. School library. Appoint librar- ian. Sec. 821. REPAIRS, FUEL AND SUPPLIES.— It shall make all necessary repairs to the school houses, outbuildings and appurtenances, and shall furnish fuel and all necessary supplies for the schools. Sec. 822. FURNITURE, MAPS, REGISTER, SCHOOL LIBRARY.— It shall furnish to each school all necessary and suitable furniture, maps, charts and apparatus, including any dictionary which is recog- nized as a standard authority. The school register and all school blanks used, shall be those furnished by the state department of public instruction. It may appro" priate and expend each year not less than ten, nor more than twenty-five dollars for each school, or separate department thereof, of the district for the purpose of a school library, to be selected by the school board and the county superintendent of schools from any list of books prepared by the superintendent of public in- struction, and furnished by him to the county super- intendent for that purpose, and it shall not purchase any books which have not been approved by the super- intendent of public instruction. It shall have the care and custody of the library and may appoint as librarian any suitable person, including one of their number, but whenever practicable, the library shall be kept in the school house and always so when school is in ses- sion. It shall make rules to govern the circulation and care of the books while in the hands of the pupils or other persons, subject to. the general rules as may be prescribed by the state superintendent of public in- struction, and may impose and collect penalties for injuries done to any book by the act, negligence or permission of the person who takes the same or while in his possession, but no book shall be loaned to any person not a resident of the district. It may at any time temporarily exchange any part or all of its libray with any other district or person, so far as different books may be obtained, but each district shall recall its books before the close of the school term. It may at any time accept donations of books for the library, but it shall eixclude therefrom all books unsuited to the cultivation of good character and good morals and manners, and no sectarian publications, devoted to the discussion of- sectarian differences and creeds shall be admitted to the library. It shall be held accountable for the proper care and preservation of the library, and shall report annually to the county superintendent Rules govern- ing use of books. May exchange or exclude books. 46 GENERAL SCHOOL LAWS Who may teach. all library statistics which may be, required by the blanks furnished for that purpose by the superinten- dent of public instruction. Sec. 823. (Amended.) TEACHERS, HOW EM- PLOYED. SALARIES, HOW GRADED.— It shall employ the teachers of the school district and may dis- miss a teacher at any time for plain violation of con- tract, gross immorality or flagrant neglect of duty. No person shall be permitted to teach in any public school who is not the holder of a teacher's certificate or a permit to teach, valid in the county or district in which such school is situated, and every contract for the employment of a teacher must be in writing and such contract must be executed before such teacher begins to teach in such school. It shall grade the sal- aries of teachers for the district in accordance with the grade of certificate and no teacher holding a certificate of a lower grade shall receive a salary equal to or in excess of that paid to a teacher holding a certificate of a higher grade in the same district ; provided, fur- ther, that no teacher holding a second grade certificate shall receive less than forty-five dollars per month on and after the passage and taking effect of this act. m"nth'. ^*^ ^^^ And nothing in this section shall be construed to mean that teachers holding the same grade of certificate must necessarily receive the same wages. Sec. 824. (Amended.) PUPILS FROM OTHER DISTRICTS.— It shall have the power to admit to the schools in the district pupils from other districts, when it can be done without injuring or overcrowd- iijg such schools and shall make regulations for their admission and the payment of their tuition. It shall have the power to arrange with the board of an adja- cent district for sending to such district such pupils as can conveniently be taught therein, for paying their tuition, and for arranging and paying for their trans- portation to and from the school in such district; and when petitioned by a majority of the voters of a dis- trict it shall be the duty of the board of any district to arrange for sen'ding to such district such pupils as can conveniently be taught therein, for paying their tui- tion and for arranging and paying for their transpor- tation to and from the school in such district. It shall have the power to admit to the schools in the district pupils residing in unorganized territory adjacent to the district, and shall arrange with the parents or guar- Contract. Salaries graded. Minimum sal ary, second May admit pupils from other districts. May transfer pupils. STATE OF NORTH DAKOTA 47 dians of such pupils for paying their tuition ; but in no instance shall a board refuse privileges to or col- lect tuition from pupils residing in such adjacent un- organized territory, if the parents of such pupils are property holders in the district and pay taxes. It shall also have the power to make proper and needful rules for the assignment and distribution of pupils to and among the schools in the district, and their transfer from one school to another. (See Appendix D, note 1 4-) Sec. 825. RULES. SUSPENSION OF PUPILS. —It shall assist and co-operate with teachers in the government and discipline of the schools, and may make proper rules and regulations therefor. It may suspend or expel from school any pupil who is insub- ordinate or habitually disobedient, but such suspension shall not be for a longer period than ten days nor such expulsion beyond the end of the current term of school. Sec. 826. BRANCHES OF STUDY.— Subject to tne approval of the county superintendent, it shall have power to determine what branches, if any, in addition to those required by law shall be taught in any school of the district. Sec. 827. TAX LEVY. NOTICE TO COUNTY AUDITOR.^ — -It shall have power to levy upon the property ih the district a tax for school purposes of not exceeding thirty mills on the dollar in any year, which levy she.. ^ made by resolution of the 'board prior to the twentieth day of July. The clerk shall immed- iately thereafter notify in writing the county auditor of the amount of tax so levied. It shall not have power to abate or reduce the amount of tax so levied after the county auditor has been notified of the amount of such Tevy. {See Appendix C, VI. if.) Sec. 828. WHEN SCHOOL HOUSES CAN BE USED FOR OTHER PURPOSES.— It may permit a school house, when not occupied for school purposes, to be used under careful restrictions for any proper purpose, giving equal rights and privileges to all re- ■ ligious denominations or political parties, but for any such use or privilege it shall not be at any cost for fuel or otherwise to the district. Nor shall any furniture which is fastened to the floor be removed, and whoever removes any school furniture for any Government and discipline. Suspension. Course of study. Tax levy — how made and when. No reduction — when. School house used for other purposes. Conditions. 48 GENERAL SCHOOL LAWS other purpose than repairing the same or for repairing the school room shall be guilty of a misdemeanor and shall be fined not less than five nor more than ten dol- lars for each offense. All fines imposed and collected under the provisions of this section shall be paid into the gfeneral school fund of the state. Sec. 829. SCHOOL HOUSES AND SITES, HOW DETERMINED. PLANS FOR SCHOOL HOUSES, HOW PREPARED. BOARD OF IN- SPECTORS, HOW CONSTITUTED.— Whenever in the judgment of the board it is desirable or necessary to the welfare of the schools in the district, or to pro- vide for the children therein proper school privileges, or whenever petitioned to do so by one-third of the voters of the district, the board shall call a meeting of the voters in the district at some convenient time and place fixed by the board, to vote upon the question of the selection, purchase, exchange or sale of a school house site, or the erection, removal, or sale of a school house. Said election shall be conducted and votes canvassed in the same manner as at the annual elec- tion of school officers. Three notices of the time, place and purpose of such meeting shall be posted in three public places I'n the district at least ten days prior to such meeting. If a majority of the voters present at such meeting shall by vote select a school house site, or shall be in favor of the purchase, exchange or sale of the school house, as the case may be, in accord- ance with such vote, provided, it shall require a vote of tv\^o-thirds of the voters present and voting at such meeting to order the removal of the school house, and such school house so removed cannot again be removed within three years from the date of such meeting ; pro- vided, further, that whenever a school house is to be purchased, erected or constructed in a common school district, the school board shall consult with the county superintendent of schools and the county superin- tendent of health with regard to plans provid- ing for the proper construction, lighting, heating and ventilation ; provided, further, that it shall be the duty of the state superintendent of public instruction to furnish plans for school houses of one and two rooms as will be in accord with the best ideas pertaining to heating, lighting, ventilating and other sanitary re- quirements. ' Fines. School house sites , how sel- ected, pro- cedure. No removal within three years. STATE OF NORTH DAKOTA 49 Board of in- spectors. '2. The county superintendent of health, the chair- man of the board of county commissioners and the county superintendent of schools of each county are hereby constituted a board for the purpose of inspect- ing school houses and out-buildings with reference to their sanitary condition, and whenever the county superintendent of schools shall report to said board of inspection that a school house or out-building is in an unsanitary or unsafe condition, said board shall in- spect the same and shall direct the district school board to make such changes or repairs as are neces- sary to make such building or buildings sanitary, safe and fit ^or school purposes. Sec. 830. SCHOOL HOUSE SITES, HOW OB- TAINED AND MAXIMUM AREA ALLOWED.— The school board of any school district may take in the corporate name thereof, any real property not exceed- ing five acres in area chosen as a site for school house, as provided in this chapter, and may hold and use such tract for school purposes only. Should the owner of such real property refuse or neglect to grant and convey such site, a site for school house may be obtained by proceeding in eminent domain, as provided in the code of civil procedure. If the site so selected is not used for the purposes for which it is taken for two successive years, it shall revert to the original owner or his assigns upon payment of the sum origin- ally paid by the corporation. If such owner or his as- signs neglects or refuses to make such repayment for one year after demand therefor by the board, such site shall be the property of the district. Sec. 831. SCHOOLS TO BE ORGANIZED ON PETITION. — If a petition signed by the persons charged with the support and having the custody and care of nine or more children of school age, all of vv^hom reside not less than two and one-half miles from the nearest school, is presented to the board, asking for the organization of a school for such chil- dren, the board shall organize such school and employ rem^^te'^pu^piis' a teacher therefor, if a suitable room for such school can be leased or rented at some proper location not more than two and one-half miles distant from the residence of any one of such children, and if such petition is signed by the persons charged with the sup- port and having the custody and care of twelve or more such children, the board shall organize a school Grants, how taken care of. Area. Eminent do main. Reversion on payment. New school for 50 GENERAL SCHOOL LAWS and employ a teacher therefor and if no suitable room for such school can be leased or rented, the board shall call a meeting of the voters of the district for the selec- tion and purchase of a school house site therefor and the purchase or erection of a school house, as pro- vided for in section 829. If at such meeting no such site is selected or if it is not voted to erect or purchase a school house for such school the board shall select and purchase a school house site and erect, purchase or move thereon a school house at a cost of not more than twelve hundred dollars for such house and fur- niture therefor; provided, that the provisions of this section shall not apply in instances where schools have been consolidated in accordance with the provisions of section 832. Call meeting to select site. Length of time of school each year. Not less than six months. Conveying pils. Consolidation. Sec. 832. (Amended.) SCHOOL TERMS, HOW ARRANGED AND WHEN DISCONTINUED. CONSOLIDATION OF COMMON SCHOOLS.— The district board shall determine and fix the length of time the schools in the district shall be taught each year, and when each term of school shall begin and end. It shall so arrange such terms as to accommo- date and furnish school privileges equally and equit- ably to pupils of all ages ;. provided, that every com- mon school shall be kept in session for not less than six months in each school year ; provided, further, that any school may be discontinued when the average at- tendance of pupils therein for ten consecutive days shall be less than four ; and all contracts between school boards and teachers shall contain a provision that no compensation shall be received by such teacher from the date of such discontinuance, or when, with the consent of a majority of the patrons of such school, proper and convenient school facilities can be provided for the pupils therein in some other school ; provided, further, that a board may call, and, if petitioned by one-third of the voters in the district, shall call an elec- tion to determine the question of "conveying pupils at the expense of said district to and from schools already established," or "of consolidating two or more common schools, and of selecting a site and erecting a suitable building, or of making suitable additions to buildings already erected, to accommodate the pupils of schools to be vacated." Said elections shall be conducted, both as to notices and as to manner of canvassing the votes, in the same manner as the annual school elec- STATE OF NORTH DAKOTA 51 tion. If a majority of the votes cast at such election are in favor of conveying pupils to and from schools already established or of consolidating two or more schools and of providing a suitable building for the accommodation of the pupils of vacated schools, then the board shall make all necessary arrangements to carry out the decision of the district. The board shall arrange for the transportation of pupils to and from such schools. It shall establish routes of travel, adopt rules and regulations for such transportation and shall contract with responsible parties for such transporta- tion. Transportation and routes of travel. Sec. 833. ADDITIONAL SCHOOL TIME.— If a majority of the patrons of any school averaging for its last term twelve or more pupils in daily attendance, shall petition the board to continue such school for an additional time, not exceeding nine months in any school year, the board shall continue such school for that length of time, if there are funds in the treas- ury sufficient for that purpose. Sec. 834. (Amended-) DISTRICT HIGH SCHOOLS, HOW ESTABLISHED AND CON- TROLLED. — In any district containing four or more common schools, and having an enumeration of sixty or more persons of school age residing therein the board may call, and if petitioned so to do by ten or more voters in the district, shall call a meeting of the voters of such district in the manner prescribed in sec- tion 829 to determine the question of establishment of a district high school. If a majority of the voters at such meeting vote in favor of establishing such high school, the meeting shall further proceed to select a site therefor, and to provide for the erection or pur- chase of a school building or for the necessary addi- tion to some school building therefor. Thereupon the board shall erect or purchase a building or make such addition for such high school, as shall be determined at such meeting and shall establish therein a district high school containing one or more departments, and employ teachers therefor. Such school shall be kept in session for such time each year, not less than three months, as the board may determine. The board shall, subject to the approval of the countv superintendent, grade such high school, and prescribe the studies to be pursued therein, and shall have the same manage- ment and control thereof as of the common schools in Nine months school — when. District high schools. How estab- lished. Length of term. 52 GENERAL SCHOOL LAWS Course study. the district. Two or more adjacent school districts of may join in the estabHshment and maintenance of such high school, or of a graded school or of both, when empowered so to do by a majority of the voters in each district, at a meeting called and held as provided for in this section, in which case the building and furniture occupied and used for such high school or graded school shall belong to the districts so uniting and all the costs of maintaining such school, or schools, in- cluding wages of teachers and all necessary supplies shall be paid by such districts in proportion to the as- sessed valuation of the property I'n each, and the em- ployment of teachers therefor, and the management, control and grading thereof shall be vested in the joint boards of such districts, subject to the approval of the county superintendent of the county in which such districts are located. Adjacent dis- tricts may unite. Census. Defectives. Enumeration — how made and when. Sec. 835. SCHOOL CENSUS. ANNUAL RE- PORT. — The school board shall cause the clerk to make an enumeration between the first and twentieth day of June of each school year, of all unmarried per- sons of school age, being over six and under twenty, having their legal residence in the district, exclusive of any unmarried person of school age who is supported wholly at the expense of the state at any institution for the blind, institution for deaf and dumb, institution for feeble minded, the reform school or any model school in connection with any state normal school, giv- ing the names and ages of such persons and the names of parents and guardians having the care and custody of each ; also the names, ages and post office address of parents and guardians of each deaf and dumb, blind and feeble minded person between the ages of five and twenty-five years, residing in the district, including all such persons as may be too deaf or feeble minded to acquire an education in the common schools. The enumeration shall be made upon and in accordance with the blanks, furnished therefor by the county super- intendent, and shall be returned to the county super- intendent prior to the tenth day of July; provided, that in districts where the number of persons of school age attending school for a period of sixty days during the school year is less than fifty per cent of the total enumeration, it shall be the duty of the county super- intendent to withhold from such district its apportion- ment of state and county tuition funds until such time STATE OF NORTH DAKOTA 53 as a satisfactory explanation of the failure to send pu- pils to school is made by the school board of said dis- trict to the county superintendent and superintendent of public instruction. A copy of the enumeration of such deaf and dumb persons shall be furnished the superintendent of the school for the deaf ; a copy of the enumeration of such blind persons shall be fur- nished to the superintendent of the school for the blind, and the enumeration of such feeble minded persons shall be furnished the super- intendent of the institution for the feeble minded by the county superintendent immediately upon receipt of the same. A copy of such enumeration shall also be kept in the office of the district clerk. The board shall also cause the district clerk to make out an annual re- port for the year beginning" July 1 and ending June 30, containing such financial and statistical statements and items as shall be required by the superintendent of pub- lic instruction, upon and in accordance with the blanks furnished therefor by the county superintendent. Such report shall be carefully examined and certified as correct by the board at its regular meeting in July and transmitted to the county superintendent prior to the first day of August following. A copy of such report shall be filed in the district clerk's office. Reports, to whom sent. Sec. 836. RECORDS OPEN TO INSPECTION. — All reports, books, records, vouchers, contracts and papers relating to school business in a school district in the office of the clerk or treasurer, shall at all times be open to the inspection of any director, who shall ad- vise and aid in securing correct records and accounts and legal reports, and they shall likewise be open to the superintendent and any particular paper or record shall be exhibited at reasonable hours to any voter or taxpayer. Sec. 837. RECORDS AND TEACHING IN ENGLISH. — All reports and records of school officers and proceedings of all school meetings shall be in the English language, and if any money belonging to any district shall be expended in supporting a school in which the English language shall not be taught ex- clusively, the county superintendent or any taxpayer of the school corporation may in a civil action in the name of the corporation recover for such corporation all such money from the officer expending it or order- ing or voting for its expenditure. Records to be public. English lan- guage used clusively. 54 GENERAL SCHOOL LAWS Sec. 838. MAINTENANCE OF STATE EDU- CATIONAL INSTITUTIONS.— For the purpose of providing for the maintenance of the state university and school of mines at Grand Forks, the agricultural college at Fargo, the state normal school' at Valley City, the state normal school at Mayville, the school for the deaf and dumb at Devils Lake, the school of One mill tax. forestry at Bottineau, the North Dakota academy of science at Wahpeton and the industrial school at Ellen- dale, as a part of the public school system of this state, there is hereby levied upon all taxable property in the state — real and personal — an annual tax of one mill on each dollar of the assessed valuation of such prop- erty in each and every year hereafter. ' Sec. 839. COUNTY AUDITOR SHALL CAL- CULATE AMOUNT OF LEVY.— The county au- ditor of each county shall at the time of making the annual tax list in his county, calculate the amount of — how^^caicuiat?' ^hc Icvy hereinbefore provided for upon each and ev- ed- ery item of property assessed in his county as it ap- pears upon the last assessment roll and extend the same upon such tax list in a column to be provided for that purpose and such tax shall thereupon be calculated and paid over to the state treasurer the same as other state taxes. Sec. 840. TAXES, HOW APPORTIONED.— Such taxes so levied shall be apportioned by the state treasurer to the several institutions herein mentioned as follows : Thirty-three one-hundredths of a mill to the state university and school of mines at Grand Forks ; twenty one-hundredths of a mill to the agricul- tural college at Fargo ; fifteen one-hundredths of a mill to the state normal school at Valley City ; thirteen Amount of mill one-hundredths of a mill to the state normal school at Mayville ; six one-hundredths of a mill to the school for the deaf at Devils Lake; two one-hundredths of a mill to the school of forestry at Bottineau ; four one- hundredths of a mill to the North Dakota academy of science at Wahpeton ; seven one-hundredths of a mill to the industrial school at Ellendale ; provided, that all moneys hereafter collected from any tax heretofore levied shall be apportioned as herein provided. Sec. 84L MONEYS, HOW APPORTIONED. — The moneys arising from the taxes hereinbefore lev- ied are hereby appropriated for the maintenance of the state university and school of mines at Grand Forks, tax, STATE OF NORTH DAKOTA 55 the agricultural college at Fargo, the state normal school at Valley City, the state normal school at May- ville, the school for the deaf and dumb at Devils Lake, the school of forestry at Bottineau, the North Dakota academy of science at Wahpeton, and the industrial school at Ellendale, the same to be paid monthly to the board of trustees of the several institutions herein mentioned and in proportion as herein provided, upon vouchers of said board signed by their respective presi- dents, and to be expended by the several boards, in their discretion, in the establishment and maintenance of said institutions hereinbefore mentioned. ' Sec. 842. FUNDS, WHEN PAID OVER.— All moneys received as interest, and all moneys received for rents, for penalties, for permits, and all moneys received from any other source from the respective lands of the different educational institutions herein- after mentioned (except moneys received as principal What funds, from the sale of lands belonging to the agricultural college, lands belonging to the state university and school of mines, lands belonging to the school for the deaf and dumb, lands belonging to the two normal schools, lands belonging to the North Dakota academy of science, lands belonging to the industrial school), shall be paid over to the respective treasurers of the educational institutions above mentioned, by the state auditor on the first day of January, April, July and October in each year. The funds herein referred to shall be subject to the order of the respective boards of trustees of each institution hereinbefore mentioned and shall be used for the maintenance of such institu- tions respectively. When paid over. Fire escapes pro- vided. Fire Escapes for School Houses. (Chapter 124 Session Lazvs of iQop.) Sec. 1.— FIRE ESCAPES REQUIRED.— One or more stationary fire escapes, consisting of stairways, shall be attached to the outside of each one and every story, above the first story, of all school houses I'n this state having more than one story and not provided with a front and rear exit each at least four feet six inches in width. Sec. 2. DUTY OF SCHOOL OFFICERS.— It shall be the duty of all persons having charge of such Duty school school houses, including trustees, boards of directors and boards of education, to comply with the provisions officers. 56 GENERAL SCHOOL LAWS of the last section within six months after the same shall take effect. Penalty. Tree planting. Fences. Amount ex- pended annual- ly. Sec. 3. PENALTY.— Any and all persons failing to comply with the provisions of sections one and two of this act shall be deemed guilty of a misdemeanor. Sec. 4. EMERGENCY. — An emergency exists in this, that a great many schools in this state are not provided with stationary fire escapes, consisting of stairways, above the first story of those school houses having more than one story, therefore this act shall be in force and effect from and after its passage and ap- proval. Improvements to School Grounds. {Chapter 201 Session Laws of ipop.) Sec. 1.— DUTIES OF DISTRICT SCHOOL BOARDS AS TO TREE PLANTING.— It is hereby made the duty of every district school board in the state of North Dakota to plant trees and shrubs upon the grounds of every school house in their district and to encourage school children to plant such trees and shrubs and to cultivate and protect the same. Sec. 2. FENCES. — Where stock is permitted to run at large, it is hereby made the duty of the district school board to cause to be erected about the grounds of every school house in each district a fence sufficient to protect the trees and shrubs upon the school house grounds from destruction by live stock, and such fence shall be provided with convenient gates or stiles ; pro- vided, further, that in the construction of such fence barbed wire shall not be used. Sec. 3. FUNDS FOR TREE PLANTING AND CULTIVATION.— The district school board is here- by empowered and it shall be its duty to expend not less than ten dollars annually out of the funds of the school district for the purposes mentioned in the fore- going sections. Sec. 4. EMERGENCY. — Whereas, an emergency exists in that there is not at the present time any ade- quate law providing for the planting of trees upon school grounds and for the fencing of such school grounds, therefore, this act shall be in force and effect on and after its passage and approval. ' STATE OF NORTH DAKOTA 57 Age when un- lawful to em- ploy children. Must keep on file employment certificate. Child Labor. {Chapter ij^ Session Lazvs of ipop.') Sec. 1. UNLAWFUL TO EMPLOY CHILDREN UNDER FOURTEEN YEARS.— No child under fourteen years of age shall be employed, permitted or suffered to work in or in connection with any mine, factory, workshop, mercantile establishment, store, business office, telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages. It shall be unlawful for any 'person, firm or corporation to employ any child under fourteen years of age in any business or service whatever, during any part of the term during which the public schools of the district in which the child resides are in session. Sec. 2. EMPLOYMENT OF CHILD UNDER SIXTEEN YEARS.— No child between fourteen and sixteen years of age shall be employed, permitted or suffered to work I'n any mine, factory, workshop or mercantile establishment unless the person or corpora- tion employing him procures and keeps on file, and ac- cessible to the superintendent of schools of the city or village, if one is employed, otherwise, to the clerk of the school board or board of education, an employ- ment certificate as hereinafter prescribed, and keeps two complete lists of all such children employed there- in, one on file and one conspicuously posted near the principal entrance of the building in which such child is employed. On termination of the employment of a child so registered and whose certificate is so filed, such certificate shall be forthwith surrendered by the employer to the child or its parent or guardian or cus- todian. The superintendent of schools or clerk of the school board or board of education as the case may be, may make demand on an employer in whose factory a child apparently under the age of sixteen years is em- ployed or permitted or suffered to work and whose employment certificate is not then filed as required by this act, that such employer shall either furnish him within ten days evidence satisfactory to him that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such factory. The superintendent of schools of the city or village or clerk of the school board or board of education may require from such employer the same evidence of age of such child as is required on the issu- List must be posted. Accessible to whom. Must furnish evidence as to age , when. 58 GENERAL SCHOOL LAWS Employment certificate is- sued by whom ance of an employment certificate; and the employer furnishing such evidence shall not be required to fur- nish any further evidence of the age of the child. In case such employer shall fail to produce and deliver to the superintendent of schools of the city or village or the clerk of the school board or board of education, as the case may be, within ten days after such demand, such evidence of age herein required by him and shall thereafter continue to employ such child or permit or suffer such child to work in such factory, proof of the giving of such notice and of such failure to produce and file such evidence -shall be prima facie evidence in any prosecution brought for a violation of this act that such child is under sixteen years of age and is unlaw- fully employed. Sec. 3. WHO AUTHORIZED TO ISSUE EM- PLOYMENT CERTIFICATE.— The superintendent of schools of the city or village, if one is employed, and if not, then the clerk of the school board or board of education, is hereby authorized to issue an employment certificate in writing, such certificate to be issued upon, the evidence prescribed in section four of this act; provided, that no employment certificate shall be issued for any child then in or about to enter his own em- ployment or the employment of a firm or corporation of which he is a member, officer or employe. Sec. 4. EMPLOYMENT CERTIFICATE, ON WHAT ISSUED. — The person authorized to issue employment certificate shall not issue such certificate until he has received, examined, approved, and filed the following papers duly executed : 1. The school record of such child properly filled out and signed as provided in this act. 2. A passport or duly attested transcript of the certificate of birth or baptism or other religious record, showing the data and place of birth of such child. A duly attested transcript of the birth certificate filed according to law with a registrar of vital statistics, or other officer charged with the duty of recording births, shall be conclusive evidence of the age of such child. '3. The affidavit of the parent or guardian or cus- todian of a child, which shall be required, however, Quahfications of Qj-^|y [^ (.^gg, s^ch last mentioned transcript of the cer- tificate of birth be not produced and filed, showing the place and date of birth of such child, which affidavit must be taken before the officer issuing the employment Employment certificates is- sued on what evidence. STATE OF NORTH DAKOTA 59 certificate, who is hereby authorized and required' to administer such oath, and who shall not demand or re- ceive a fee therefor. Such employment certificate shall not be issued until such child has personally ap- peared before and been examined by the officer issuing the certificate, and until such officer shall, after making such examination, sign and file in his office a statement that the child can read and legibly write simple sen- tences in the English language and that in his opinion the child is fourteen years of age or upwards and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it intends to do. In doubtful cases such physical fitness shall be determined by a medical officer of the board or department of health. Every such employment certificate shall be signed, in the presence of the officer issuing the same, by the child in whose name it is issued. Sec. 5. CONTENTS OF CERTIFICATE.— Such certificate shall state the date and place of birth of the child, and describe the color of the hair and eyes, the height and weight and any distinguishing fa- cial marks of such child, and that the papers required by the preceding section have been duly examined, approved and filed and that the child named in such certificate has appeared before the officer signing the certificate and been examined. Certificate — what to contain. Sc. 6. SCHOOL RECORD, WHAT TO CON- TAIN. — The school record required by this act shall be signed by the principal or chief executive officer of the school which such child has attended and shall be furnished, on demand, to a child entitled thereto. It shall contain a statement certifying that the child has regularly attended the public schools or schools equi- valent thereto or parochial schools for not less than one hundred and twenty days during the school year pre- vious to his arriving at the age of fourteen years or during the year previous to applying for such school record and is able to read and write simple sentences in the English lan- guage and has received during such period instruction in reading, spelling, writing, English grammar and geography and is familiar with the fundamental oper- ations of arithmetic up to and including fractions. Such school record shall also give the age and resi- dence of the child as shown on the records of the School record^ what to contain. 60 GENERAL SCHOOL LAWS school and the name of its parent, guardian or custo- dian. Sec. 7. HOURS OF LABOR.— No persons un- der the age of sixteen years shall be employed or suf- fered or permitted to work at .any gainful occupation more than sixty hours in any one week, nor more than eight hours in any one day ; or before the hour of sev- en o'clock in the morning or after the hour of seven o'clock in the evening. Every employer shall post in a conspicuous place in every room where such minors are employed a printed notice stating the hours re- quired of them each day of the week, the hours of commencing and stopping work and the hours when the time or times allowed for dinner or for other meals begin and end. The printed form of such notice shall be furnished by the superintendent of schools of the city or village, or the clerk of the school board or board of education, and the employment of any minor for longer times in any day so stated shall be deemed a violation of this section. Hours of em- ployment. Inspection of places of work. Employments prohibited. Sec. 8. PEACE OFFICERS TO INSPECT PLACES OF WORK.— Peace officers may visit mines, factories, workshops and mercantile establish- ments in their several towns and cities and ascertain whether any minors are employed therein contrary to the provisions of this act ; and it shall be their duty to report any cases of such illegal employment to the school board or board of education. Such officer may require that the employment certificates and lists provided for in this act of minors employed in such factories, mines, workshops or mercantile establish- ments shall be produced for their inspection. Com- plaints for offenses under this act may be made by such peace officer or by any other person cognizant of the facts. Sec. 9. EMPLOYMENTS.— No child under the age of sixteen years shall be employed at sewing belts, or to assist in sewing belts, in any capacity whatever ; nor shall any child adjust any belt to any machinery; they shall not oil or assist in oiling, wiping or cleaning machinery ; they shall not operate or assist in operating circular or band saws, wood-shapers, wood-joiners, planers, sandpaper or wood polishing machinery, em- ery or polishing wheels used for polishing metal, wood-turning or boring machinery, stamping ma- chines in sheet metal and tinware manufacturing. STATE OF NORTH DAKOTA 61 stamping machines in washer and nut factories, op- erating corrugating rolls, such as are used in roofing factories, nor shall they be em- ployed in operating any steam boiler, steam machinery, or other steam generating appar- atus, or as pin boys in any bowling alleys ; they shall not operate or assist in operating dough brakes, or cracker machinery of any description ; wire or iron straightening machinery; nor shall they operate or assist in operating rolling mill machinery, punches or shears, washing, grinding or mixing mill or calendar rolls in rubber manufacturing; nor shall they oper- ate or assist in operating laundry machinery; nor shall children be employed in any capacity in prepar- ing an}^ composition in which dangerous or poisonous acids are used, and they shall not be employed in any capacity in the manufacture of paints, colors, or white lead ; nor shall they be employed in any capacity whatever in operating or assisting to operate any pas- senger or freight elevator; nor shall they be employed in any capacity whatever in the manufacture of goods for immoral purposes, or any other employment that may be considered dangerous to their lives or limbs, or where their health may be injured, or morals de- praved ; nor in any theater, concert hall, or place of amusement wherein intoxicating Hquors are sold ; nor shall females under sixteen years of age be employed in any capacity where such employment compels them to remain standing constantly. Sec. 10. PENALTY FOR VIOLATION OF THIS ACT. — Each owner, superintendent, manager or overseer of any mine, factory, workshop or mer- cantile establishment, and any other person who shall employ any child contrary to the provisions of this act or who shall in any manner violate the provisions ^^"^''y- thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined for each offense in a sum not less than twenty dollars nor more than fifty dollars and costs. Each person authorized to sign a certificate as prescribed in the preceding sec- tion who certifies to any material false statement therein shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty dollars nor more than fifty dollars and costs. Not to be em- ployed where intoxicants are sold. 62 GENERAL SCHOOL LAWS Kindergartens may be estab- lished. Sec. 11. PROSECUTION. HOW BROUGHT. — Prosecutions under this act shall be brought in the Prosecution, name of the state of North Dakota before any court roug t. ^£ competent jurisdiction, and the fines collected shall be paid over to the county treasurer and by him cred- ited to the general fund of the state. Sec. 12. REPEAL.— All acts or parts of acts in conflict with this act are hereby repealed. Free Kindergartens. {Cltapter lo^ Session Lazvs of ipop.) Sec. 1. MAY BE ESTABLISHED. COST, HOW PAID. GOVERNMENT. DUTY OF SUPERINTENDENT OF PUBLIC INSTRUC- TION. — The school board of any school district in the state, upon a petition signed by a majority of the legal voters in the district, shall have the power to es- tablish and maintain free kindergartens in connection with the public schools of said district, for the in- struction of children between four and six years of age, residing in said district, and shall establish such CQurses of training, study and discipline and such other rules and regulations governing such prepara- tory or kindergarten schools as said board may deem best; provided, that nothing in this act shall be con- strued to change the law relating to the taking of the census of the school population or the apportionment of the state or county school funds among the sev- eral counties and districts in this state; provided, further, that the cost of establishing and maintaining Cost, how paid, such kindergartens may be paid from the school funds of said districts, raised by direct taxation for such purpose, and the said kindergartens shall be a part of the public school system, and governed, as far as practicable, in the same manner and by the same officers as are provided by law for the government of the other public schools of the state; provided, fur- ther that no person shall be employed as a teacher in such kindergarten schools who has not passed a sat- isfactory examination in such subjects as the state superintendent of public instruction shall require. The state superintendent of public instruction shall adopt rules governing the examination of kindergarten teachers, and shall furnish count}^ superintendents with examination questions, and the examinations shall be held in the manner provided by law for the Teachers, certi ficate for. STATE OF NORTH DAKOTA 63 Teachers may attend meeting of state educa- tional associa- tion. examination of teachers in tlie public schools ; pro- vided, further, that any person who shall complete the course of training for kindergarten teachers at the state normal school or its auxiliaries shall be en- titled to teach in the kindergarten schools of this state withouut examinations. North Dakota Educational Assoclvtion. (Chapter p8 Session Lazvs of ipop.) Sec. 1. SUPERINTENDENTS, PRINCIPALS, TEACHERS ATTENDING THE NORTH DA- KOTA EDUCATIONAL ASSOCIATION.— The board of education in special or independent districts, or the school district board in any common school dis- trict is hereby authorized to allow the superintendent, principal or teachers of the schools under its charge to attend any meeting of the North Dakota educa- tional association which may be held while the schools of such districts are in session without loss of salary. Sec. 2. REPEAL. — All acts or parts of acts in conflict with the provisions of this act are hereby re- pealed. Certain Acts Legalized. (Chapter 49 Session Lazvs of ipop.) Sec. 1. ACTS LEGALIZED.— Where the offi- cers of any incorporated city, village or school dis- trict of this state shall have incurred indebtedness and issued warrants or orders for the erection, purchase, repair or maintenance, within and for said city, vil- lage or school district for school or other buildings, or waterworks, gas or electric light plants, public wells, cisterns, fire apparatus, or legitimate corporate purposes for Said city, village or school district^ or to pay for or to raise money for any such purposes, and said warrants or orders are outstanding, or held in the general revenue or other funds of said city, vil- lage or school district, in any and all such cases where said warrants or orders are within the debt limit, the same are hereby legalized and are declared to be the valid indebtedness of such city, village or school dis- trict, and in every such case where the city council, village board of trustees, school board or board of education thereof shall have heretofore, or shall here- after determine by resolution, or ordinance, having Indebtedness declared legal. 64 GENERAL SCHOOL LAWS Bonds may be issued when. been thereunder authorized by a majority vote of the qualified electors of such city, village or school dis- trict voting thereon at any regular or special election that it was or is for the best interests of the city, vil- lage or school district to issue its negotiable bonds in the name of the city, village or school district for the sole purpose of funding such indebted- ness, then in every such case suuch bonds whether engraved, lithographed or printed on bond paper, shall when executed, sold and delivered as provided by law be deemed, and hereby are declared to be the valid obligations of such city, village or school dis- trict. Sec. 2. PENDING ACTIONS NOT AFFECT- ED. DEBT LIMIT.— This act shall not affect any actions now pending in which the validity of any such warrants, orders, bonds or indebtedness is called in question ; providing, however, that the issue of such bonds shall not be construed to be an increase of the indebtedness of the municipality and the pro- ceeds of sales of such bonds shall be applied exclu- sively towards the discharge of the indebtedness of such city, village or school district referred to in sec- tion one of this act. Pending ac- tions not inter- fered with. State tuition fund. Apportion- ment. Duty of coun- ty treasurer. Sec. 3. EMERGENCY.— It is hereby declared that an emergency exists and that this act shall, there- fore, be in full force and effect from and after its passage and approval, ■ Article 8. — School Funds. Sec. 843. STATE TUITION FUND, HOW, RAISED. — The net proceeds arising from all fines and penalties for violation of state laws, from leas- ing the school lands and the interest and income from the state permanent school fund shall be collected and paid into the state treasury in the same manner as is provided by law for the collection and payment of state taxes, and shall constitute the state tuition fund, which shall be apportioned among the several coun- ties of the state in proportion to the number of chil- dren of school age in each as shown by the last enum- eration authorized by law. Sec. 844. COUNTY TREASURER TO RE- PORT STATE TUITION FUND OUARTERLY. SUPERINTENDENT OF PUBLIC INSTRUC- TION APPORTIONS.— It shall be the duty of the county treasurer to receive from the proper officers STATE OF NORTH DAKOTA 65 Duty of state auditor. Apportionment by state super- intendent. the net proceeds of fines, penalties and forfeitures for violation of state laws, and all moneys arising from leasing of school lands within the county, and to for- ward a detailed statement of moneys so collected, specifying the amount received from each of the above sources, to the state auditor at the same time that he is required to make reports of other moneys to such auditor. It shall be the duty of the state auditor on or before the third Monday in February, May, August and November in each year to certify to the superintendent of public instruction the amount of the state tuition fund and the superintendent of public instruction shall immediately apportion such fund among the several counties of the state in pro- portion to the number of children of school age re- siding in each as shown by the last enumeration pro- vided for by law and certify to the state auditor, state treasurer and to the county treasurer and county sup- erintendent of each county, the amount apportioned to the respective counties. Immediately upon re- ceipt of such apportionment from the state superin- tendent as herein provided, the state auditor shall draw a warrant upon the state treasurer for the full amount of the state tuition fund apportioned to the several counties and shall deliver the same to the state treasurer taking his receipt therefor and shall notify the several county treasurers of the amounts due their respective counties and that such war- rant had been issued therefor and the state treasurer shall pay on such warrant to the several county treasurers the amount due their respective counties ; provided, however, that all moneys arising from in- terest on the permanent school fund and from leas- ing school lands shall be apportioned under a separ- ate item and such money shall be taken account of as a separate item by all oiifiicers making or certifying such apportionment, or through whose hands any portion of such fund shall pass and it is further made the duty of the district treasurer to keep such fund separate from all other funds and if at the close of the school year any part of such fund which was apportioned prior to the third Monday of November of such year remains in the hands of the district treasurer, he shall return the same to the county treasurer, taking his receipt therefor, and the county treasurer shall return all such funds so returned or that were not drawn by the district treasurer from^ the county treasury to —5-- Warrants. Interest on permanent school fund kept separate. 66 GENERAL SCHOOL LAWS -State institute fund. Special fund. Tuition fund — laow used. the state treasurer who' shall receipt for the same, and the county treasurer shall certify to the state auditor the amount so returned to the state treasurer. Sec. 845. FUNDS DEFINED. HOW USED, — All money received by the school district from the apportionment made by the superintendent of public instruction shall constitute and be designated the st?te tuition fund. All money received from district taxes, from subscription, from sale of property, or from any other source whatever except from appor- tionment made by the superintendent of public in- struction, shall be designated the special fund. In addition to the state tuition fund and the special fund, a sinking fund may be established as provided by this article. The state tuition fund shall be used only in the payment of teachers' wages ; provided, that if the state tuition apportioned to any district in one year is insufficient for the payment of teachers' wages in such district any money on hand or available be- longing to the special fund of such district may be applied to meet such deficiency; provided, further, that if the state tuition fund apportioned to any one district in any one year is more than sufficient for the payment of teachers' wages in such district the por- tion of such fund in excess of the amount so required may be applied to the payment of warrants drawn upon the special fund of such district, if such district has school the required number of months during such year as required by law. Sec. 846. FUNDS CONTROLLED AND PAID OUT BY DISTRICT TREASURER.— All funds shall be kept in the possession or under the control of and paid out by the district treasurer except as otherwise provided in this chapter, and he shall keep one general account for each district of the entire re- ceipts and expenditures, and separate itemized ac- counts as herein provided for each class of receipts and expenditures. His books shall at all times shpw by entries under proper heads all receipts of funds and payments made therefrom, so as to enable any person readily to ascertain any balance in account of any fund. Sec. 847. NOT ENTITLED TO TUITION' FUND. WHEN. ENUMERATION.— No school district shall be entitled to receive any portion of the state tuition fund that fails to make a report of the Excess. Funds con- trolled by treas- urer. Books — how kept. No tuition fund without enu- meration. STATE OF NORTH DAKOTA 67 Bond and oath of treasurer must be filed. enumeration of the children of school age in the man- ner provided by law, nor until such enumeration has been taken and reported as required by law. The county superintendent of schools shall not authorize the payment of money apportioned to any district un- less the bond and oath of such treasurer has been duly approved and filed, as provided for by section 817 ; provided, also, that the county superintendent is em- powered to withhold the payment of state and county tuition from any district whose clerk and treasurer have failed to make the reports provided for in sec- tion 835. New districts organized after the annual enumeration has been taken shall proceed immediate- ly to take the enumeration as provided by law, and after the receipt of such enumeration by the superin- tendent of public instruction through the county superintendent, the newly organized district shall re- ceive its proportionate share of the funds to be appor- tioned ; provided, further, that the county superin- tendent shall have the right to withhold the appor- tionment of the county and state tuition fund from any school district other than the new districts here- in provided for, which has not maintained school therein for a period of not less than six school months in each school of said district in the school year pre- ceding such apportionment or has not otherwise pro- vided school facilities for the pupils of that district ; provided, further, that it shall be mandatory upon the county superintendent to withhold the apportion- ment of state and county tuition funds from any dis- trict which has not maintained school for a period of at least four months in each school in said district or otherwise provided school facilities for the pupils of that district for the school year preceding such appor- tionment; and when such apportionment of state and county tuition: funds shall be withheld by the county superintendent from any district, they shall revert to the funds from which they were originally appor- tioned. New districts. County superin- tendent must withhold funds — when. Sec. 8^8. (Amended.) APPORTIONMENT OF STATE TUITION FUNDS BY COUNTY SUPERINTENDENT.— Within thirty days and not less than twenty days after receiving the certifi- cate of apportionment from the superintendent of public instruction and the certificate from the county County superin- tendent to ap- portion funds. 68 GENERAL SCHOOL LAWS auditor as provided for in section 855 of this chap- ter, the county superintendent shall apportion separ- ately to the several school districts, special districts, independent districts, and districts organized under special laws which are entitled to any portion of the state tuition and special funds within the county, in proportion to the number of children residing in each district over six and under twenty years of age, ex- cluding all married persons, as appears from the last enumeration authorized by law, upon which the sup- erintendent of public instruction made the appor- tionment to the several counties, and he shall immed- iately notify each district treasurer of the amount of tuition fund in the county treasury, due each district, and shall certify to the county treasurer and to the county auditor the amount due each school district. The county treasurer shall deliver to the several dis- trict treasurers upon the order of the county auditor the amounts apportioned to their respective districts, taking a receipt therefor. Sec. 849. SPECIAL AND INDEPENDENT DISTRICTS AND DISTRICTS ORGANIZED UNDER SPECIAL LAWS ENTITLED TO TUI- TION FUNDS.— Special and independent school districts and districts organized under special laws shall be entitled to receive their proportion of the state and special tuition funds ; provided, that the clerk or secretary of the board of education thereof shall make a report to the county superintendent of the enumeration of children of school age therein at the time and in the manner prescribed in this chapter. And notify dis- trict treasurers thereof. 'Funds to spec- ial and inde- pendent dis- tricts. Conditions. Treasurer's ac- counts — how kept. Settlement — when. Sec. 850. TREASURER'S ACCOUNTS. AN- NUAL SETTLEMENT.— The district treasurer shall open new accounts with each fund at the beginning of each school year, and the balance of each fund shall be brought down and be- come a part of the first entry in opening the account for the new year. On the second Tuesday in July the school board shall make settlement with the dis- trict treasurer, and shall carefully examine his books, accounts and vouchers and shall ascertain if the amount of all warrants, bonds and coupons paid and redeemed or paid in part, together with the cash in his hands or under his control, is equal to the amount of cash on hand at the beginning of the school year, together with all money received by him from all STATE OF NORTH DAKOTA 69 sources for school purposes during the year. The district treasurer shall deliver to the board at such annual meeting all warrants, bonds and coupons paid Report in and redeemed by him during the school year and held *'''P''<^3te. by him as vouchers, taking the receipt of the board therefor, and such vouchers shall forthiwth be filed with the district clerk. He shall at that meeting make his annual report in triplicate, one copy* to be preserved in the treasurer's office, one ta be filed with the clerk of the school board and one to be transmit- ted to the county superintendent of schools, and the board shall cause to be published an itemized state- ment of the receipts and expenditures of the preced- ing year in a newspaper of the county nearest said school district ; provided, that if said board or treas- urer shall have failed to publish said statement by the first of September following the presentation of the treasurer's annual report, then it shall be the duty of the county superintendent of schools to cause the publication of the same in a newspaper of the county, said publication to be paid for by the school district. The treasurer's reports shall show the following: RECEIPTS. The balance at the close of the year. The amount received into the state tuition fund. The amount received into the state special fund. The amount received into the sinking fund. EXPENDITURES. The amount paid for school houses, sites and fur- niture. The amount paid for apparatus and fixtures. The amount paid for teachers' wages. The amount paid for services and expenses of school officers. The amount paid for redemption of bonds. The amount paid for interest on bonds. The amount paid for incidental expenses. The cash on hand at the close of the school year. Such report shall include such other items as may be required by the district board, or the superintend- other items, ent of public instruction, and shall be upon and in conformity with the blanks furnished him for that purpose. (Sec Apprndix B.- — Sec. 30/.) Form. 70 GENERAL SCHOOL LAWS Funds payable to treasurer — when. Notice to clerk. Sec. 851. WHEN COUNTY TREASURER TO PAY FUNDS TO DISTRICT TREASURER.— The treasurer of each district shall apply to the county auditor for an order, and the county treasurer shall pay over to him on such order all of the school money collected for such district -and all school money apportioned to such district by the county superintendent and the county auditor shall issue such order; provided, such district treasurer has quali- fied and filed his oath and hond as provided by law. It shall be the duty of the county treasurer, when payment is made to any school treasurer of any funds herein iprovided for, immediately to notify the clerk of the school board of the payment of the same. Sec. 853. COUNTY TREASURER TO KEEP ACCOUNTS WITH SCHOOL CORPORA- TIONS. — Each county treasurer shall keep a regu- lar account with each school corporation, in which he shall charge himself with all taxes collected by levy of the district school board and all sums appor- tioned to the district by the county superintendent or other authority and all sums received from the dis- trict, and he shall credit himself with all payments made to the treasurer of the district, distinguishing between the items paid by apportionment, those from county taxes and those from other sources. He shall also credit himself with all payments for re- demption or indorsement of warrants in the collec- tion of taxes and shall deliver to the district treasurer a duplicate tax receipt for the amount of each war- rant so indorsed or redeemed together with all war- rants so redeemed at the time of making other regu- lar payments to the district treasurer. To these cred- its, to balance the accounts, he shall add all items for legal fees, for collection and other duties. County treas- urer's ac- counts with school dis- tricts. Taxes to be collected by county treas- urer. Sec. 853. SCHOOL TAXES, HOW AND WHEN COLLECTED.— It shall be the duty of the county treasurer to collect the taxes for school pur- poses at the same time and in the same manner that the county and states taxes are collected, and full power is hereby given him to sell property for school taxes the same as is provided by law for the collec- tion of other taxes. Whenever an error occurs in any school corporation's tax list the district school board or board of education in special or independent districts or districts organized under special laws STATE OF NORTH DAKOTA [71 may correct such errors and refund such taxes im- properly collected. All penalties and interest collect- ed on delinquent school taxes shall be applied to the proper fund to which such delinquent taxes belong-. Article 9. — Taxes. Refund of taxes. Sec. 854:. SCHOOL BOARD TO LEVY TAX. — Each district school board shall have power and it shall be its duty to levy upon all property subject to taxation in the district a tax for school purposes of all kinds authorized by law, not exceeding in the ag- gregate a rate of thirty mills on the dollar in any one year. Such tax shall be levied by resolution of the board prior to the twentieth day of July in each year, which resolution shall be entered in the records of the proceedings of the board. The clerk shall immed- iately thereafter notify the county auditor in writing of the amount of tax so levied, and such notice shall be "in substantially the following form : State of North Dakota, ) County of )- ss. School District j To County Auditor of County. Sir: You are hereby notified that the school board of school district has levied a tax of dollars upon all real and personal property in said school district for school purposes. You will duly enter and extend such tax upon the county tax list for collection upon the taxable property of such school district for the current year. Dated at this day of 190 . . Tax levy — when and how made. Notice to county auditor. District Clerk. The notice of a tax to pay any judgment against the district shall be in addition to the regular tax and shall be certified to the county auditor under the same general form, as near as may be ; provided, that if the boundaries of such district shall embrace a portion of two counties then the clerk of such district shall certi- fy to the county auditor of the county in which is Levy to pay located the original district to which such portion of Judgment. the district embraced in the other county is attached in addition to the tax levy above mentioned, a list and valuation of all property subject to taxation in such 72 GENERAL SCHOOL LAWS Poll tax. 'County tuition fund. portion of such district embraced in the other county, as shown by the assessor making the assessment in such county, township or assessor's district, and the auditor shall enter such property upon the tax dupli- cate of his county and levy all school taxes upon the same, and the county treasurer of the county shall collect the taxes levied thereon the same as other tax- es are collected and pay the same over to the treasur- er of the district entitled thereto. {See Appendix C.—V.) Sec. 855. TAX, HOW LEVIED, HOW APPOR- TIONED. APPORTIONMENT OF DELIN- QUENT TAXES.— 1. The county auditor of each county shall at the time of making the annual assess- ment and levy of taxes levy a tax of one dollar on each elector in the county for the support of common schools, and a further tax of two mills on the dollar on all taxable property in the county, to be- collected at the same time and in the same manner as other taxes are collected, which shall be apportioned by the county superintendent of schools among the school districts of the county. 2. It shall be the duty of the county auditor on or before the third Monday in February, May, August and November in each year, to certify to the county superintendent of schools the amount of such county tuition fund, which the county superintendent of schools shall apportion among the several school dis- tricts in the same form and manner as provided for the apportionment of the state tuition fund. The county superintendent shall file with the county audi- tor and the county treasurer a certified statement showing the amount apportioned to each district. '3. It shall also b? the duty of the county auditor to certify at the time herein specified the amount of delinquent taxes collected for the special tuition fund prior to those levied for the year 1899 which amounts shall be apportioned by the county superintendent of schools as herein provided ; and the county treasurer shall pay such amounts to the district treasurers the same as other special funds are paid. Sec. 856- MAXIMUM LEVY FOR FINAL JUDGMENT. TAXES TO BE UNIFORM.— When any final judgment shall be obtained against a school district the board thereof shall levy a tax upon the taxable property of such district not exceeding Apportioned how. Delinquent taxes. Levy to pay judgment. STATE OF NORTH DAKOTA 73 in amount twenty mills on the dollar in any one year, which shall be used in the payment thereof. The county auditor shall make out, charge and extend up- on the tax list against each description of real prop- erty and against all personal property, and upon all taxable property of the district, all such taxes for schools and judgments he is so notified has been lev- ied by the district in which the property is situated and taxable, in the same manner in which the county and state tax list is prepared, and deliver it to the county treasurer at the same time. All taxes for school purposes shall be uniform upon the property within each school district. ' Taxes to be uniform. Sec. 857. STATEMENT OF ASSESSED VAL- UATION. — Each assessor shall on or before the first day of July in each year furnish to the clerk of the school district, to the county superintendent of schools and to the county auditor a statement of the assessed valuation of all the property in such corpor- ation subject to taxation. Sec. 858. INDEBTEDNESS OF DISTRICT, HOW ADJUSTED WHEN NO LEGAL SCHOOL BOARD EXISTS.— If any school district in the state has for one or more years past, either through fail- ure to elect a school board or through failure of the county superintendent to appoint a. school board, been without a legal school board or ii hereafter any school district through such failure to elect or ap- point such school board shall be without such legal school board and such district shall have an author- ized indebtedness either in bonds, interest due on bonds, or otherwise, it shall be the duty of the county superintendent, the county treasurer and county aud- itor, acting as a board of adjusters, to assess upon the taxable property of such school corporation a tax not to exceed twenty mills on the dollar in any one year upon the assessed valuation thereof for the payment of the same. / Which tax so levied shall be extended upon the tax lists by the county auditor and be col- lected by the county treasurer as other taxes are col- lected and shall be applied upon and used for the pay- ment of such indebtedness, and shall be paid to the creditors of such district upon the warrant of the county auditor countersigned by the county superintendent, and all warrants, bonds, inter- est coupons, receipted bills or accounts shall be filed Assessor to furnish state- ment of valua- tion. Taxes, how levied in dis- tricts having no school board. Creditors of sucli district — how paid. 74 GENERAL SCHOOL LAWS in the office of the county auditor and in the case such school corporation has a bonded indebtedness, it shall be the duty of such board of adjusters to levy a tax upon the property of such district sufficient to create a sinking fund for the redemption of such bonds upon the maturity of the same, such sinking fund to be lev- ied and provided for in compliance with the require- ments of such bonds. State superin- tendent. Vacancy, filled. how County super- intendent. Vacancy, filled. how i Article 10. — Vacancies. Sec. 859. VACANCY IN OFFICE SUPERIN- TENDENT PUBLIC INSTRUCTION FILLED BY APPOINTMENT.— Should a vacancy occur in the office of the superintendent of public instruction, the governor shall have power and it shall be his duty to fill such vacancy by appointment, which appoint- ment shall be valid until the next general election and until his successor is elected and qualified. Sec. 860. VACANCY IN OFFICE OF COUN- TY SUPERINTENDENT.— Should a vacancy oc- cur in the office of county superintendent of schools, the board of county commissioners of such county shall have power and it shall be their duty to fill such vacancy by appointment, as provided by law, which appointment shall be valid until the -next general election. The county auditor shall immediately noti- fy the superintendent of public instruction of such ap- pointment. Sec. 861. VACANCY IN OFFICE OF DIREC- TOR OR TREASURER, HOW FILLED.— When an}^ vacancy occurs in the office of director or treas- urer of a school district by death, resignation, remov- al from the district, or otherwise, the fact of such va- District officers cauc}^ shall be immediately certified to the county —vacancy, how superintendent by the clerk of the district, and such superintendent shall immediately appoint in writing some competent person who shall qualify and serve until the next annual school election. The county superintendent shall at the same time notify the clerk of the school district and the county auditor of every such appointment. Sec. 862. VACANCY IN OFFICE OF CLERK, School clerk- ^OW FILLED.^Should the office of clerk of a vacancy, how school district bccomc vacant, the school board shall immediately fill such vacancy by appointment and the STATE OF NORTH DAKOTA 75 president of the board shall immediately notify the county superintendent and the county auditor of such appointment. Sec. 863. OFFICE, WHEN DEEMED VA- CANT. — Any office of a school district shall become vacant by resignation of the incumbent there- of, but such resignation shall not take effect until a successor has qualified according to law. Any office of a school district shall be deemed vacant if the per- son duly elected thereto shall neglect or refuse for the period of two weeks after the beginning of the term for which he was elected, to accept and qualify for such office and serve therein. Any school officer may be removed from office by a court of compentent jurisdiction, as provided by law. {See Appendix D, Note 3.) Article 11. — Equalization of Indebtedness. iSec. 864. EQUALIZATION OF INDEBTED- NESS BY ARBITRATION.— After the boundaries of a school district have been established as provided for in this chapter all school districts or parts of school districts that existed as school corporations, or as parts thereof before the taking effect of this code and that are now included in one school district shall effect an equalization of property, funds on hand and debts, or whenever the boundaries of two or more dis- tricts are re-arranged, all districts affected by such change shall effect an equalization of property, funds on band and debts. To effect this each school board of such corporation constituting a school district un- der the operation of this chapter, shall select one ar- bitrator, and the several, arbitrators so selected, to- gether with the county superintendent shall constitute a board of arbitration to effect such equalization. If in any case the number of arbitrators, including the county superintendent, shall be an even number, the county treasurer shall be included and be a member of such board. The county superintendent shall fix the time and place of such meeting. Sec. 865. TAX TO EQUALIZE AND PAY ■PREVIOUS DEBTS.— SucTi board shall take an ac- count of the assets, funds on hand, the debts proper- ly and justly belonging to or thargeable to each cor- poration or part of a corporation affected by such change, and levy such a tax against each as will in Vacancy- when. Removal. Equalization of property, funds and debts. Arbitrators. Tax levy to equalize. 76 GENERAL SCHOOL LAWS Levy 15 per year. mills Tax shall be paid to district treasurer. Tax levy not to_ exceed 30 mills. its judgment justly and fairly equalize their several interests. Sec. 866. MAXIMUM ANNUAL TAX LEVY FOR SUCH PURPOSES.— When the amounts to be levied upon the several corporations or parts of corporations mentioned in the preceding section shall 'be fixed, a list thereof shall be made wherein the amount shall be set down opposite each corporation. The whole shall be stated substantially in the form herein required for certifying school taxes and ad- dressed to the county auditor, and shall be signed by a majority of such board of arbitration; such levy shall be deemed legal and valid upon the taxable pro- perty of each corporation; provided, however, that not more than fifteen mills thereof shall be extended against such taxable property in any one year, and such a levy not exceeding fifteen mills on the dollar shall be extended as in this section provided from year to year, until the whole amount shall be so lev- ied. The county auditor shall preserve such levies and shall extend the several rates from year to year, as above required by law for district taxes and the taxes shall be collected at the same time and in the same manner as other taxes are collected. Sec. 867. PROCEEDS TO BE TURNED OVER TO THE RESPECTIVE DISTRICTS.— Opposite the several descriptions of property on the tax list shall be entered the school districts within which it lies, and all the proceeds of these equalizing taxes shall be collected and paid over to the treasurer of the proper school district within which the property is sit- uated. The proceeds of taxes upon parts of districts lying outside of the districts as at present constituted with which they were equalized shall be paid to the treasurer of the school district within which the pro- perty is situated, the same as hereinbefore provided for regular taxes. Sec. 868. MAXIMUM TAX LEVY FOR ALL SCHOOL PURPOSES.— The taxes levied for pur- poses of equalization shall be, in addition to all other taxes for school purposes ; provided, that all taxes for school purposes, including such taxes for equali- zation, shall not exceed thirty mills on the dollar in any one year. The provisions of this article shall apply to and govern all school districts and parts of school districts hereafter divided or consolidated with STATE OF NORTH DAKOTA 77 each other, or with other districts in the division unit- ing for apportionment of their debts and HabiHties or property and assets. Article 12. — Examinations and Certificates. Sec. 869. (Amended.) EXAMINATIONS FOR TEACHERS' CERTIFICATES.— The superintend- ent of pubHc instruction shall prepare or cause to be be prepared all questions for the examination of appli- cants for teachers' certificates, both county and state and shall prescribe rules for the conduct of all such examinations. He shall examine, mark and file, or cause to be examined, marked and filed, all answer pa- pers submitted by candidates for first, second and third grade county certificates, which answer papers shall be forwarded by the county superintendent im- mediately after the close of each examination to the superintendent of public instruction. He may appoint such clerical assistants as he may deem necessary, but the expenditures therefor shall not exceed in the ag- gregate the sum annually collected from applicants for county certificates for this purpose. Teacher's ex- aminations. Sec. 870. (Amended.) LIFE PROFESSION- AL CERTIFICATE, WHO ENTITLED.— He may issue a state certificate, to be valid for life, unless it lapse or be revoked, to be known as a life professional certificate. Such certificate shall be issued only to persons of good moral character who pass a thorough examination in all the branches included in the course of study prescribed for the common and high schools of the state, including pedagogics and such other branches as the superintendent of public instruction may direct, and to persons who have received degrees in liberal arts, granted by any college or university of recognized standing. Such certificate shall in no case be granted unless the applicant has had an experience as a teacher of at least five years ; provided, that any person, who is a graduate of the normal college of the university of North Dakota or of the state normal schools of North Dakota, and has had three years' successful experience after graduation, may be grant- ed such certificate without further examination ; pro- vided, further, that if the holder of a professional cer- tificate shall at any time cease to teach or be engaged in other educational work for a period of five years, such certificate shall lapse and the lapse, with date and Professional certificate- how obtained. Five years' ex- perience. Normal grad- uates. 78 GENERAL SCHOOL LAWS Certificates lapse — when. State cates , certifi- first-class. cause shall be made a matter of record in the office of the state superintendent of public instruction. Such certificate, however, .may be reinstated under such rules as may be prescribed by the superintendent of public instruction. Sec. 871. (Amende'd.) STATE CERTIFI- CATES. FIRST AND SECOND CLASS. SPE- CIAL. WHO ENTITLED.— 1. He may, issue a state certificate to be valid for the term of five years unless sooner revoked, to be known as a state certifi- cate of the first class. Such certificate shall be issued only to persons of good moral character who have completed the prescribed curriculum of study in the teachers' college of the state university, or in one of the normal schools of the state, or in a normal school elsewhere, having a reputation for thoroughness, or to those persons who have degrees in liberal arts, granted by any college or university of recognized standing, but the superintendent of public instruction may examine any such applicant in his discretion. Such certificate shall not be granted unless the appli- cant shall have taught school successfully for at least eighteen months after graduation. 2. He may issue a state certificate, to be valid for a term of three years, unless sooner revoked, to be known as a state certificate of the second class. Such certificate shall be issued only to persons of good mor- al character who have completed the prescribed curri- culum of study in any reputable normal school, or who have received degrees in liberal arts from a college or university of good standing in this state, and have made a't least one year's study in pedagogics, such as shall be prescribed by the superintendent of public in- struction, but the superintendent of p-ublic instruction may examine any such aipplicant in his discretion. 3. Any person who is a graduate of the teachers' college of the university of North Dakota, or of one of the normal schools of North Dakota, and who has had nine months' successful experience as a teacher after graduation, may be granted a state certificate of the first class ; provided, that a diploma from the piomas' rated as tcachers' College of the university of North Dakota or certificates. ^^ either of the normal schools of this state shall be the equivalent of a state certificate of the second class, if the party holding such diploma have the required age specified in section 875. Second class. Certain di- STATE OF NORTH DAKOTA 79 4. He may issue special certificates authorizing the holders thereof to teach music, drawing, kindergarten, primary subjects, manual and industrial training, do- mestic science, nature study or elementary agricul- ture, which certificates shall be valid throughout the state, each for a term of three years, under such reg- ulations as the superintendent of public instruction may prescribe; provided, that graduates from the state normal and industrial school shall be entitled to certificates authorizing them to teach manual and in- dustrial training without further examination. special. Sec. 872. FEE FOR CERTIFICATE. CER- TIFICATE. HOW REVOKED.— The superin- tendent of public instruction shall require a fee of five dollars from each applicant for a life professional certificate, a fee of three dollars for a state certificate Certificate fee of the first or second class, and a fee of two dollars from each applicant for a special certificate, which fees 'shall be used by him to aid in the establishment and maintenance of teachers' reading circles and in the professionalizing of teaching in the state in such other ways as he may deem advisable. He shall re- voke at any time any certificate issued in this state for any cause which would have been sufficient ground for refusing to issue the same had the cause existed or been known at the time it was issued, and shall revoke cenTficate." ° the same for wilful violation of any teacher's contract entered into by the holder of any such certificate and any school board or board of school trustees in this state. Sec. 873. EXAMINATION OF TEACHERS BY COUNTY SUPERINTENDENT.— The county superintendent shall hold a public examination of all persons over eighteen vears of age „ . ^. rr • 1 1 1-1 ? t r Examination ottering themselves as candidates for teachers of by county sup- common schools at the most suitable place in the county, on the second Friday in March, and on the last Friday in May, August and October of each year, and when necessary, such examination may be contin- ued on the following day, at which time he shall ex- amine them by a series of written or printed ques- tions, according to the rules prescribed by the super- intendent of public instruction. The county superin- tendent shall forward all answer papers submitted by candidates for county certificates, designating each by number instead of name, immediately after the 80 GENERAL SCHOOL LAWS Papers sent state superin- tendent. close of the examination to the superintendent of pub- lic instruction for examination, marking, filing and re- cording. The superintendent of public instruction shall transmit, within thirty days from the date of said examination, a record of the standings of each appli- cant to the county superintendent who shall then grant to the applicant a certificate of qualification, if from the percentage of correct answers required by the rules, said applicant is found to possess the requisite knowledge and understanding to teach in the com- mon schools of the state the various branches re- quired by law; provided, the county superintendent has sufficient evidence that the candidate is a person of good moral character, has had successful exper- ience, if any, and possesses an aptness to teach ami Sfovern. Grades of cer- tificates and basis thereof. Permits teach. Sec. 874. TEACHERS' GRADES, HOW ES- TABLISHED. RE-EXAMINATION, WHEN ALLOWED. — County certificates shall be " of of three regular grades : First grade for a term of three years ; second grade for a term of two years ; and third grade for a term of one year, according to the ratio of correct answers for each applicant, and other evidence of qualification ; provided, that after January 1, 1908, county certificates shall be of two regular grades : First grade for a term of three years ; second grade for a term of two years. No certificate shall be granted unless the applicant shall be found proficient in and qualified to teach the com- mon branches of a common English education, read- ing, writing, orthography, language lessons and Eng- lish grammar, geography, United States history, civil government, physiology and hygiene and can pass a satisfactory examination in physical culture and the- ory and practice of teaching. In addition to the above, an applicant for a first grade certificate shall pass a satisfactory examination in physical geography, elementary physics, psychology, elementary algebra and geometry. The percentage required to pass any branch shall be prescribed by the superintendent of public instruction. The county superintendent may grant permission to teach until the results of the next regular examination are received from the superin- tendent of public instruction, to any person applying at any other time than at a regular examination, who can show satisfactory reasons for failing to attend STATE OF NORTH DAKOTA 81 Certificates permits — to whom issued and such examination and satisfactory evidence of quali- fication, subject to such rules and regulations as may be prescribed by the superintendent of public instruc- tion. Subsequent permits may be granted by the county superintendent with consent and approval of the superintendent of public instruction. The written answers of applicants for county certificates, after be- ing duly examined by the superintendent of public in- struction, shall be kept by him for a period of six months after such examination, and any - candidate, thinking an injustice has been done him, may by pay- ing a fee of two dollars into the institute fund of the county and notifying both the county superintendent and the superintendent of public instruction of the same, have his papers reviewed by the superintendent of public instruction, in person, and, if such answers warrant it, he shall instruct the county superintendent to issue such applicant a county certificate of the pro- per grade and the county superintendent shall carry out such instructions. Sec. 875. QUALIFICATION'S OF TEACH- ERS. CONTRACTS, WHEN VOID.— No cer- tificate or permit to teach shall be issued to any person under eighteen years of age, and no first grade certificate to any person who is under twenty years of age, and who has not taught successfully twelve school months, and no person shall be allowed to teach more than fifteen school months on third grade certificates. First and second grade certificates may be renewed without examination, under such re- quirements as shall be imposed by the superintendent of public instruction. The certificate issued by a county superintendent shall be valid only in the county where issued; provided, that a county superintendent shall indorse for the full period for which they are valid when presented to him for indorsement first and second grade certificates. A fee of one dollar shall be paid into the institute fund of the county for each renewal or indorsement. No person shall be employed or permitted to teach in any of the public schools of the slate, except those in cities organized for school purposes under special laws, or organized as indepen- dent districts, under the general school laws, who is not the holder of a lawful certificate of qualification or a permit to teach, and no teacher's certificate, issued by the superintendent of public instruction, nor a teacher's diploma granted by any institution of learn- — 6— Valid where. Fee, 82 GENERAL SCHOOL LAWS Contract when. void, I'ng in this state shall entitle a person to teach in such public schools of any county, unless such certificate or diploma shall have been recorded in the office of the county superintendent and it shall be the duty of the county superintendent to record such certificate or diploma; provided, further, that no certificate or per- mit to teach in the schools of the state shall be granted to any person who is not a citizen of the United States, unless such person has resided in the United States for one year, at least, prior to the time of such = application for such certificate or permit. Any con- tract made in violation of this section shall be void. Fee for ficate. Revocation certificate — ■when. of Section 876. FEES FOR CERTIFICATE.— Each applicant for a county certificate shall pay two dollars to the county superintendent, one dol- lar of which shall be paid into the county teachers' institute fund to be used in support of teachers' insti- tutes or the teachers' training schools in the county, as otherwise provided, and one dollar of said fee shall be used by the superintendent of public instruction for such clerical assistance as he may deem necessary and competent for the reading of teachers' answer papers and work connected therewith. It shall be the duty of the county superintendent, immediately after each examination, to forward one dollar for each applicant for teacher's certificate to the superintendent of pub- lic instruction, such sums to be used by him as herein- before provided. {See Sections f/s and 8po.) Section 877. CERTIFICATES, WHEN RE- VOCABLE. — The county superintendent is au- thorized and required to revoke and annul, at any time, a certificate granted by him or his predecessor for any cause which' would have authorized or re- quired him to refuse to grant it, if known at the time it was granted, and for incompetency, immorality, in- temperance, cruelty, crime against the laws of the state, breach of contract, refusal to perform his duty or general neglect of the work of the school. The revocation of the certificate shall terminate the em- ployment of such teacher in the school where he may be at the time employed. Such teacher must be paid up to the time of receiving notice of such revocation. The county superintendent shall immediately notify the clerk of the school district where such' teacher is employed and he may notify the teacher through the clerk, of such revocation, and he shall also notify the STATE OF NORTH DAKOTA 83 state superintendent of public instruction and each county superintendent in the state, and shall enter his action in such case in the books of record in his office. Sec. 878. PROCEEDINGS TO REVOKE. TEACHERS' ALLOWED DEFENSE.— In pro- ceedings to revoke a certificate the county superin- tendent may act upon his personal knowledge or upon competent evidence obtained from others. In the lat- ter case, action shall be taken only after a fair hear- ing, and the teacher must be notified of the charge and Revocation given an opportunity to make a defense at such time procedure. and place as may be stated in such notice. Upon his own knowledge the superintendent may act immed- iately without notice, after an opportunity has been afforded such teacher for personal explanation. When any certificate is revoked the teacher shall return it to the superintendent but if such teacher refuses or neg- lects so to do the superintendent may issue notice of such revocation by publication in some newspaper printed in the county. Article 13. — Duties of Teachers. iSec. 879. (Amended.) GIVE NOTICE OF OPEN- ING AND CLOSING SCHOOL.— Each teacher on commencing a term of school shall give written notice to the county superintendent of the time and place of beginning such school and the time when it will prob- ably close, and prior to receiving salary for the first month each teacher must exhibit his certificate to the clerk of the district school board. If such school is to be suspended for one week or more in such term the teacher shall notify the county superintendent of such suspension. * Opening and closing school — notice. No compensa- tion to teacher — when. Sec. 880. WHEN TEACHER NOT ENTITLED TO COMPENSATION.— No teacher shall be en- titled to or receive any compensation for the time he teaches in any public school without a certificate valid and in force for such time in the county where such school is taught, except that if a teacher's certificate shall expire by its own limitation within six weeks of the close of the term, such teacher may finish such term without re-examination or renewal of such cer- tificate. Sec. 881. TEACHER'S REGISTER, WHAT TO CONTAIN. Each teacher shall keep a school Teacher's reg- register and at the close of each term make a report, '^'^'^* 84 GENERAL SCHOOL LAWS Report. containing the number of visits of the county superin- tendent, and such items and in such form as shall be required. Such report shall be made in duplicate, both copies of which shall be sent to the county super- intendent, who, if he finds such report to be correct, shall immediately return one copy to the district clerk, same to be filed with him. No teacher shall be paid the last month's wages in any term until such report shall have been approved hy the county superintend- ent and one copy returned to the district clerk. Sec. 882. (Amended.) SCHOOL YEAR AND .SCHOOL WEEK DEFINED. HOLIDAYS.— The school year shall begin on the first day of July and close on the thirtieth day of June of each year. A school week shall consist of five days and a school month of twenty days. No school shall be taught on a legal holiday nor on any Saturday ; provided, however, that on February the twelfth, Lincoln's birthday, Feb- ruary the twenty-second, Washington's birthday and May the thirtieth, Memorial Day, all schools in session shall assemble for a portion of the day and devote the same to patriotic exercises consistent with that day, unless such holidays shall fall upon Saturday or Sun- day, when such services shall be held on the Friday preceding. A legal holiday in term time falling upon a day which otherwise would be a school day shall be counted and the teacher paid therefor, but no teacher shall be paid for Saturday nor be permitted to teach on Saturday to make up for the loss of a day in the term. Wages held back. School year. School week. Holidays. Course of study. Sec. 883. (Amended.) BRANCHES TO BE TAUGHT IN ALL SCHOOLS.— Each teacher in the common schools shall teach pupils as they are suf- ficiently advanced to pursue the same, the following branches : Orthography, reading, spelling, writing, arithemtic, language lessons English grammar, geography, Unit- ed States history, civil government, physiology and hygiene, giving special instruction concerning the na- ture of alcoholic drinks and other narcotics and their effect upon the human system, shall be taught as thor- oughly as any branch is taught. There shall also be taught in every school in connection with physiology and hygiene simple lessons on the nature, treatment and prevention of tuberculosis. All pupils in the above mentioned schools below the hiarh school and STATE OF NORTH DAKOTA 85 above the third year of school work computing- from the beginning of the lowest primary year, shall re- ceive instruction in this subject every year from text books adapted to grade in the hands of pupils for not less than four lessons per week for ten weeks of each school year. In all schools above mentioned, all pu- pils in the lowest three primary school years shall each year be instructed orally in this subject for not less than three lessons per week for ten weeks of each school year by teachers using 4:ext books adapted to grade for such instruction as a guide or standard. Each teacher in the schools in special districts and in the cities organized for school purposes under special law shall conform to and be governed by the provi- sions of this section. Sec. 884. TEACHING HUMANE TREAT- MENT OF ANIMALS.— There shall be taught in the public schools of North Dakota, in addition to other branches of study now prescribed, a system of study of the humane treatment of animals ; such Humane treat- '• 1 11 1 • r nient of ani- mstruction shall be oral and to consist of not less than mais. two lessons of ten min.utes each per week. The prin- cipal or teacher of every school shall certify in each of his or her reports that such instruction has been given in the school under his or her control. Sec. 885. TEACHERS' INSTITUTES AND TEACHERS' TRAINING SCHOOLS, HOW NO- TICED. PENALTY FOR FAILURE TO AT- TEND. — When a teachers' institute or teachers' training school is appointed to be held in or for any county it shall be the duty of the county superintend- ent to give written or printed notice thereof to each teacher in the public schools of the county, and as far stitute— notice as possible to all others not then engaged in teaching, **^* who are holders of teachers' certificates, at least ten days before the opening of such institute or teachers' training school of the time and place of holding it. Each teacher receiving such notice, engaged in teach- ing a term of school which includes wholly or in part the time of holding such institute or teachers' train- ing school, shall close school and attend the same and shall be paid by the school board of the district his regular wages as teacher for the time he attended such institute or teachers' training school, as certified by the county superintendent, but no teacher shall re- ceive i^ay unless he has attended four consecutive Schools to close. 86 GENERAL SCHOOL LAWS Failure to at- tend — penalty. Exception. Suspension •£ pupils. da3^s nor shall any teacher receive pay for more than five days. The county superintendent may revoke the certificate of any teacher in his county for inex- cusable neglect or refusal after due notice, to attend a teachers' institute or teachers' training school held for such county. The provisions of this section shall not apply to high school teachers, nor to teachers in cities organized for school purposes under a special law, nor to teachers in cities organized as independent districts under the provisions of this chapter. Sec. 886. PUPIL MAY BE SUSPENDED FOR CAUSE. — A teacher may suspend from school for not more than five days any pupil for insubordination or habitual disobedience, or disorderly conduct. In such case the teacher shall give immediate notice to the parent or guardian of such pupil, also to some member of the district school board of such suspen- sion and the reason therefor. {See Sec. 82^.) . Sec. 887. ASSIGNMENT OF STUDIES TO PUPILS. — It shall be the duty of the teacher to as- sign to each pupil such studies as he is qualified to pursue, and to place him in the proper class in any studies subject to the provisions in section 883 ; pro- vided, that in a graded school under the charge of a principal or local superintendent, such principal or superintendent shall perform this duty. In case any parent or guardian is dissatisfied with such assign- ment or classification, the matter shall be referred to and decided by the county superintendent. Sec. 888. BIBLE NOT SECTARIAN BOOK. READING OPTIONAL WITH PUPIL.— The Bi- ble shall not be deemed a sectarian book. It shall be^excfuded ^°^ ^^^ ^^ excluded from any public school. It may at the option of the teacher be read in school without sectarian comment, not to exceed ten minutes daily. No pupil shall be required to read it nor be present in the school room during the reading thereof con- trary to the wishes of his parents or guardian or oth- er person having him in charge. Moral instruction tending to impress upon the minds of pupils the im- Morai instruc- porfaucc of truthfulness, temperance, purity, public spirit, patriotism and respect for honest labor, obed- ience to parents and due reference for old age, shall be given by each teacher in the public schools. Pupils to be graded by teacher. STATE OF NORTH DAKOTA 87 Sec. 889. PHYSICAL EDUCATION.— Physi- cal education, which shall aim to develop and disci- pline the body and promote health through systemat- ic exercise, shall be included in the branches of study required by law to be taught in the common schools, and shall be introduced and taught as a regular branch to all pupds in all departments of the public schools of the state, and in all educational institutions sup- ported wholly or in part by money from the state. It shall be the duty of all boards of education and boards of educational institutions receiving money from the state, to make provision for daily instruction in all the schools and institutions under their respect- ive jurisdiction, and to adopt such method or meth- ods as will adapt progressive physical exercise to the development, health and discipline of the pupils in- the various grades and classes of schools and institu- tions receivi'ns: aid from the state. Systematic physical exer- cise. Article 14.— Institutes, Associations and Read- ing Circle. Sec. 890. TEACHERS' COUNTY INSTITUTE FUND. — All money received by the county superin- tendent from examination fees for the county institute fund, and all money paid into this fund from the county general revenue fund, shall be used by him to aid in the support of teachers' institutes or teachers' training schools, to be held within or for the county and to pay necessary expenses incurred therein. The county superintendent shall present an itemized state- ment, duly verified to the county auditor for the amount of all such necessary expenses and the audi- tor shall issue a warrant therefor as provided by law. The county superintendent shall, at the end of each year, submit a full and accurate statement of the re- ceipts and expenditures of these funds, under oath, to the superintendent of public instruction. {See Sections 772 and 8/6.) Sec. 891. APPROPRIATION FOR INSTI- TUTE FUND. DESIGNATION OF CONDUC- TORS. — There is hereby appropriated out of any funds in the state treasury, not otherwise appropriat- ed, the sum of fifty dollars each year to each organ- ized county in the state in which there are ten or more resident teachers, which shall be designated as the state institute fund, and which shall be used exclu- County insti- tute fund. Appropriation to counties. GENERAL SCHOOL LAWS Conductors. si'vely in employing persons of learning, ability and experience as conductors of teachers' institutes, and the further sum of ten cents a mile for the distance actually and necessarily traveled by a lecturer for such institute. The superintendent of public instruction after consultation with the county superintendent as to the special needs and wants of their respective counties, shall appoint the time, place and duration of these institutes and shall designate the persons to act as conductors of and lecturers at such institutes, as in his judgment the needs of the various counties demand. Funds , how paid. Sec. 892. (Amended.) INSTITUTE FUNDS, HOW PAID OUT.— It shall be the duty of the county superintendent of schools in all cases to consult with the state superintendent of public instruction in reference to the management of such institute or teachers' training school, and he shall carry out the suggestions of such state superintendent as to the modes of instruction. No salary shall be paid to any conductor or instructor not previously appointed or employed as herein provided. The money hereby appropriated from the state treasury for the support of teachers' institutes or teachers' training schools shall be paid to the persons to whom it is due by war- rant of the state auditor upon the state treasurer, which shall be issued upon the presentation of an ac- count in due form, receipted by the person to whom due and approved by the state superintendent of pub- lic instruction ; provided, that no county shall receive more than ten dollars from such appropriation for the payment of conductor's salary for each day its insti- tute is in session; provided, that the state and county institute funds specified bv sections 890 and 891, and the appropriation specified by section 893 of one or more counties may be applied to the support of a teachers' training school for such county or counties at the request of the county superintendent for such county or counties with the consent and under the direction of the state superintendent of public instruc- tion ; provided, further, that where a teachers' train- ing school of not less than three weeks' duration is held within or for any county, the conductor of such training school and the countv superintendent shall file a certified statement with the county auditor, spe- cifying the time and place of such teachers' training STATE OF NORTH DAKOTA 89 school and the total number of schools and separate departments in graded and high schools in said coun- ty in which school has been taught at least four months during the preceding school year. The county auditor shall file a copy of said statement with the county treasurer who shall thereupon transfer from the county general revenue fund to the county institute fund the sum of two dollars for each school or separate department in high and graded schools in the county, as per specified statement filed with the county auditor. Sec. 893. COUNTY COMMISSIONERS MAY AID INSTITUTES. — The money assigned for any particular institute may be added to any fund fur- nished for the purpose by any sounty, and the insti- tute extended as long as the entire fund will allow. If a sufficient county fund is not otherwise provided, the board of county commissioners may appropriate not propriations more than fifty dollars in any county each year in aid of institutes. The superintendent of public instruc- tion may require a statement of the amount of funds the county has on hand for this purpose at any time. County com- missioners may make ap- Article 15. — Compulsory Education. Sec. 894. (Amended.) SCHOOL AGE, WHO EX- EMPT FROM COMPULSORY ATTENDANCE. — Every parent, guardian or other person who resides in any school district or city, who has control over any child or children of or between the ages of eight and fourteen shall send each child or children to a public school I'n each year during the entire time the public schools of such district or city are in session, and ev- ery parent, guardian or other person having control of any deaf or feeble-minded child or youth between the ages of seven and twenty-one years of age shall be required to send each deaf child to the school for the deaf at the city of Devils Lake, and any feeble- minded child to the institution for the feeble-minded at Grafton ; provided, that such parent, guardian or other person having such control of ^ any child shall be excused from such duty by the school board of the district or by the board of education of the city or village whenever it shall be shown to their satisfac- tion, subject to appeal as provided by law, that one of the following reasons therefor exists : School age. Defectives. Exceptions. 90 GENERAL SCHOOL LAWS Distance. 1. That such child is taught for the same length of time in a parochial or private school, approved by such board ; that no school shall be approved by such board unless the branches usually taught in the public schools are taught in such schools. 2. That such child is actually necessary to the sup- port of the family. 3. That such child has already acquired the branches of learning taught in the public schools. 4. That such child is in such a physical or men- tal condition (as declared by the county physician, if required by the board) as to render such attendance inexjpedient or impracticable. If no school is taught the requisite length of time within three miles of the residence of such child by the nearest route, such at- tendance shall not be enforced, except in cases of con- solidated schools v^here transportation may be ar- ranged by the school board ; provided, that in districts where children live beyond the three mile limit and school facilities are not otherwise provided, the dis- trict board shall provide transportation for such chil- dren to and from school, paying therefor a sum not exceeding ten cents per mile one way per day for one or two pupils, and five cents each per mile one way per day for more than two pupils for each day's at- tendance at school. In districts having consolidated schools where transportation is arranged for by the school board, or in other districts providing transpor- tation, attendance shall be required of pupils residing within four miles of such school or schools, but this provision shall not apply to deaf or feeble-minded children in this state. The common schools pro- vided for in this chapter shall be at all times equally free, open and accessible to all children over six and under twenty years of age, residents of the school districts where they are held or entitled to attend school, under any special provisions of this chapter, subject to the regulations herein made, and to such regulations as the several school boards and boards of education may prescribe, equitably and justly, and not in conflict with the provisions of law ; provided, further, that this section shall not be construed to ap- ply to parents, guardians or other persons having con- trol of any child or children between the ages of eight and fourteen who desire to send such child or children for a total period not exceeding six months to any Schools must be free. STATE OF NORTH DAKOTA 91 Neglect to send children to school — penalty for. Prosecution — duty of certain officers. parochial school for the purpose of preparing such child or children for certain religious duties. Sec. 895. PENALTY.— Any such parent, guard- ian or other person failing to comply with the require- ments of the foregoing section, shall upon conviction thereof be deemed guilty of a misdemeanor, and shall be fined in a sum not less than five nor more than twenty dollars for the first offense and not less than ten dollars nor more than fifty dollars for the second and every subsequent offense, with costs in each case. Sec. 896. (Amended.) PROSECUTION FOR NEGLECTING THIS DUTY.— It shall be the duty of the superintendent or principals of schools in any city, town or village, or the teacher of any district school to inquire into all cases of negligence of the duty prescribed in this article and to ascertain from the person neglecting to perform such duty the reason therefor, if any, and in common school districts notify the count}^ superintendent of schools of such neglect; and said county superintendent, upon proper presen- tation of facts, shall lay the complaint before the state's attorney, whose duty it will be to proceed forthwith to secure the prosecution for any ofifense occuring under this article. In special or independ- ent districts the superintendent or principal of schools shall lay the complaint before the state's at- torney who shall proceed as above ; provided, further, that the board of education or district school board I'n any city or school district of over five hundred in- habitants may employ a truant officer who shall per- form the duties implied in this section. Sec. 897. CHILD LABOR PROHIBITED DUR- ING SCHOOL HOURS.— No child between eight and fourteen years of age shall be employed in any mine, factory or workshop or mercantile establish- ment or, except by his parents or guardian, in any other manner during the hours when the public schools in the city, village or district are in session, unless the person employing him shall first procure a child labor certificate from the superintendent of schools of the ^^en.'^^'^~ city or village, if one is employed, otherwise from the clerk of the school board or board of education, stating that such child has attended school for the period of twelve weeks during the year, as required by law, or has been excused from attendance as pro- vided in section 894; and it shall be the duty of such 92 GENERAL SCHOOL LAWS Penalty. superintendent or clerk to furnish such certificate upon appHcation of the parent, guardian or other per- sons having control of such child, entitled to the same. {See Chapter 15^ Session Lazvs iQop.) Sec. 898. PENALTY FOR VIOLATION.— Each owner, superintendent or overseer of any mine, factory, workshop or mercantile establishment, and any other person who shall employ any child between eight and fourteen years of age contrary to the pro- visions of this article, is guilty of a misdemeanor, and upon conviction thereof shall be fined for each offense in a sum of not less than twenty nor more than fifty dollars and costs. Each person authorized to sign a certificate as prescribed in the preceding section, who certifies to any materially fslse statement therein, shall be fined not less than twenty nor more than fifty dol- lars and costs. (See Chapter 153 Session Laws 1909.) Sec. 899. PROSECUTIONS, HOW BROUGHT. — Prosecutions under this article shall be brought in the name of the state of North Dakota before any court of competent jurisdiction, and the fines collect- ed shall be paid over to the county treasurer and by him credited to the general school fund of the state. {See Chapter 15^ Session Lazvs ipop.) Prosecution. Neglect of duty by school officer — • penal- ty for. Falsifying election re- turns — penalty for. Article 16. — Fines, Forfeitures and Penalties. Sec. 900. PENALTY FOR NEGLECT OF DUTY BY SCHOOL DIRECTOR, TREASURER OR CLERK. — Each person duly elected to the office of director, treasurer or clerk of any district, who, having entered upon the duties of his office, shall neg- lect or refuse to perform any duties required of him by the provisions of this chapter shall upon convic- tion be fined in the sum of ten dollars and his office shall be deemed vacant. Sec. 90L PENALTY FOR FALSE ELECTION RETURNS. — Any judge or clerk of election, school district clerk or county auditor who wilfully violates the provisions of this chapter in relation to elections or who wilfully makes a false return shall upon con- viction be deemed guilty of a felony. Sec. 902. SPECULATION IN OFFICE PRO- HIBITED. — No school officer shall personally en- gage in the purchase of any school bonds or warrants nor shall any such officer be personally interested in STATE OF NORTH DAKOTA 93 School officers not to be in- terested in contracts. Unlawful drawing of money — penal- ty for. Embezzlement — what is. any contract requiring the expenditure of school funds except for the purchase of fuel and such sup- plies as are in daily use, but not including furniture, or the expenditure of funds appropriated by the state, county, school corporation or otherwise for any school purpose connected with his office. Any violation of this section shall be a misdemeanor. {See Appendix B. — Sec. 9402.) Sec. 903. PENALTY FOR UNLAWFUL DRAWINGS OF SCHOOL MONEY.— Any person who draws money from the county treasury, who is not at the time a duly qualified treasurer of the school corporation for which he draws the money and au- thorized to act as such, shall be guilty of a misde- meanor and shall upon conviction thereof be punished by a fine of not less than twenty-five dollars. Sec. 904. USE OF SCHOOL FUNDS. WHEN EMBEZZLEMENT.— Each treasurer who shall loan any portion of the money in his hands belonging to any school district, whether for consideration or not, or who shall expend any portion thereof for his own or any other person's private use, is guilty of embez- zlement, and no such treasurer shall pay over or de- liver the school money in his hands to any officer or person or to any committee to be expended by him or them ; but all public funds shall be paid out only by the proper treasurer as hereinbefore provided. Sec. 905. ACTION TO RECOVER MONEY WHEN TREASURER FAILS TO PAY OVER.— If any person shall refuse or neglect to pay over any money in his hands as treasurer of a school district to his successor in office his successor must, without de- lay, bring action upon the official bond of such treas- urer for the recovery of such money. {See Appen- dix D — Note 13.) Sec. 906. PENALTY, WHEN INDORSEMENT OF UNPAID WARRANTS IS NOT MADE.— Any violation of a district treasurer of the provisions of this chapter requiring indorsement of warrants not paid for want of funds, and the payment thereof in the order of presentation and indorsement I's a misde- meanor punishable by a fine not exceeding one hun- dred dollars. Sec. 907. PENALTY FOR FALSE REPORTS. — Each clerk or treasurer of a district who wilfully signs or transmits a false report to the county superin- Action on treasurer's bond. Failure to in- dorse unpaid warrants — penalty for. 94 GENERAL SCHOOL LAWS False reports — penalty for. Disturbance of school — what is — pen- alty for. 'Contracts- how let. Bonds — how sued. tendent or wilfully signs, issues or publishes a false statement of facts purporting or appearing to be based upon the books, accounts or records, or of the affairs, resources and credit of the district shall Upon conviction be punished by a fine not exceeding fifty dollars or by imprisonment in the county jail not ex- ceeding fifteen days. ' {See Appendix B. — Sec. ^06.) Sec. 908. PENALTY FOR WILFUL DIS- TURBANCE OF PUBLIC SCHOOL.— Each per- son whether pupil or not, who wilfully molests or dis- turbs a public school when in session or who wilfully interferes with or interrupts the proper order of man- agement of a public school by act of violence, boister- ous conduct or threatening language, so as to prevent the teacher or any pupil from performing his duty, or who shall in the presence of the school or school children upbraid, insult or threaten the teacher shall upon conviction thereof be punished by a fine not ex- ceeding twenty-five dollars or by imprisonment in the county jail for a period not exceeding ten days, or by both. Sec. 909. (Amended.) PROPOSALS FOR CON- TRACTS. — No contract, except for teachers' or jan- itors' wages, or school text books, involving the ex- penditure of school funds or money appropriated for any purpose relating to the educational system of this state, or any county, district or school corporation therein, when the amount exceeds one hundred dol- lars, shall be let until proposals are advertised for, and after such advertisement, only to the lowest re- sponsible bidder. Any violation of this section shall be a misdemeanor. (See Sec. pi8.) Article 17. — Bonds. Sec. 910. (Amended.) SCHOOL BONDS. HOW ISSUED. — Whenever a duly constituted school district, including independent school districts, in any organized county in the state at any regular or special meeting held for that purpose shall determine by a majority vote of all the qualified voters of such school district present at such meeting and voting to issue school district bonds for the purpose of building and furnishing a school house and purchasing grounds on which to locate the same or to fund any outstand- ing indebtedness or for the purpose of taking up any outstanding bonds the district school board mav law- STATE OF NORTH DAKOTA 95 Notice tion. of elec- How long posted. Voting. fully issue such bonds in accordance with the provi- sions of this article. {See Appendix C. — I, b, e, f; also Sec. pip; also Appendix D. — Sections 24/4- 2488.) Sec. 911. NOTICE OF ELECTION TO VOTE BONDS. — Before the question of issuing bonds shall be submitted to a vote of the school district, notices shall be posted in at least three public and conspicu- ous places in such district, stating the time and place of such meeting, the amount of bonds proposed to be issued and the time in which they shall be made pay- able. Such notices shall be posted at least twenty days before the meeting, and the voting shall be done by means of written or printed ballots, and all ballots deposited in favor of issuing bonds shall have thereon the words "for issuing bonds," and those opposed thereto shall have thereon the words "against issuing bonds," and if a majority of the votes cast shall be in favor of issuing bonds the school board, through its proper ofificers shall forthwith issue bonds in accord- ance with such vote; but if a majority of all votes cast are against issuing bonds then no further action can be had and the question shall not be again submitted to a vote for one year thereafter, except for a differ- ent amount; provided, that the question of issuing bonds shall not be submitted to a vote of the district and no meeting shall be called for that purpose until the district school board shall have been petitioned in writing by at least one-third of the voters of the dis- trict. Sec. 913. {Amended.) BONDS, DENOMIN- ATION OF. INTEREST. LIMIT OF ISSUE. — The denominations of the bonds which may be is- sued under the provisions of this article shall be fifty dollars or some multiple of fifty, not exceeding five hundred dollars, and shall bear interest at a rate not exceeding five per cent per annum, payable semi-an- nually on the first day of January and July in each year, in accordance with interest coupons which shall be attached to such bonds ; provided, that the amount of bonds, including all other indebtedness shall not exceed five per cent of the assessed valuation of the Limit of issue, school district and may be made payable in not less than ten or more than twenty years from their date. Number of petitioners necessary. Denomination of bonds. Interest. 96 GENERAL SCHOOL LAWS Description. Duties of clerk and county auditor. Sec. 913. BONDS, RECORD OF TO BE KEPT. — Whenever any bonds are issued under the provi- sions of this chapter they shall be lithographed or printed on bond paper and shall state upon their face the date of their issue, the amount of the bonds, to whom and for what purpose issued, also the time and place of payment, and the rate of interest to be paid. They shall have printed upon the margin the words "Aurthon'zed by article 17 of chapter 9 of the political code of North Dakota of 1905." Immediately after the issuing of school bonds pursuant to this chapter the clerk of the school district so issuing its bonds shall file with the county auditor of the county in which such district is situated, certified copies of all the proceedings had in such district relative tO' the issuing of such bonds and also a statement of the amount of the indebtedness of such school district ; and before any of the bonds are disposed of they shall be presented to the county auditor of the county in which the school district issuing the same is situated. He shall carefully examine the records of the pro- ceedings of such school district upon the question of issuing such bonds as the same are filed with him as hereinbefore directed, and shall satisfy himself by the evidence thus furnished whether or not all the laws of the state relative to the issuing of such bonds have been complied with. If satisfied that they have been and that the bonds in question have been legally is- sued, he shall in a book kept for such purpose, pre- serve a register of each bond showing in separate col- umns the name of the school district issuing the bonds, the number of such bonds, the denomination thereof, the date of their issue, the date when they will mature, the names of the school officers execut- ing the same and such other facts as may be pertinent and he shall then indorse on each of such bonds the following certificate : State of North Dakota. ) Register. >■ SS. County of ) I, , county auditor, do hereby certify that the within bond is issued pursuant to law and is within the debt limit prescribed by the constitution of the state of North Dakota, and in accordance with the vote of school district , at a (regular or special) meeting held on the day of A. D. 190. ., to issue bonds to the amount STATE OF NORTH DAKOTA 97 of dollars, and is a legal and valid debt of such school district; that such bonds are duly reg- istered in this office and that such school district is legally organized and the signatures affixed to such bonds are the genuine signatures of the proper officers of such school district. The blanks shall be filled according to the facts and the certificate officially signed by the county aud- itor and attested by his official seal. Such bonds shall be signed by the president and clerk of the school board and shall be registered in a book to be kept by the clerk for that purpose in which shall be entered the number, date and name of the person to whom is- sued and the date when the same will become due. — {See Appendix D. — Note 2^.) Sec. 914. SINKING FUND AND INTEREST TAX. — In addition to the amount that may already be assessed under existing laws there shall be levied upon the taxable property of the school district so is- suing bonds at or before their issuance and collected as other taxes are collected a sum sufficient, not ex- ceeding five mills on the dollar of assessed valuation of such districts, to pay interest upon such bonded in- debtedness, and after five years in like manner a further tax not exceeding two mills on the dollar for a sinking fund to be used in payment of such bonds when they become due, and for no other purpose, ex- cept that whenever there are sufficient funds on hand, belonging to such sinking fund, the school board may in its discretion, purchase any of the outstanding bonds at their market value and pay for the same out of such sinking fund ; provided, that the school dis- trict board may designate one or more national or state banks in its county for a depository for such sinking fund, and in such case the school board shall advertise for at least two weeks in some newspaper printed in the county for sealed proposals for the de- posit of the sinking fund of such school district, re- serving the right to reject any and all bids, and satis- fying itself of the responsibility of all banks proposing to act as depositories. Before any bank shall be des- ignated as such depository, it shall present to the school board a sealed proposal stating in writing what rate of interest will be paid for the deposit of such sinking fund, and shall submit to the board for its approval, a bond payable to the school district con- Auditor's ficate. Sinking fund and interest — tax levy for. School board may purchase bonds. Depositories. 98 GENERAL SCHOOL LAWS School treas- urer released from liability on deposit. ditioned for the safe keeping and repayment of any funds deposited in such bank, which bond shall be signed by not less than three free-holders of the coun- ty as sureties, such bond to be in the sum required by the school board but in no case less than double the probable amount of funds to be deposited in such bank. The approval of such bond shall be in- dorsed thereon by the board and deposited with the county auditor, and any bank whose bond shall have been so aipproved shall thereupon be designated by the school board as a depository for the sinking fund, and shall continue as such, until such time as the board shall readvertise for bids as aforesaid, or until such funds are needed for the payment or purchase of bonds as provided in this section. When the sink- ing fiind of any school district is deposited by the school treasurer in the name of the school district in such depository, such treasurer and his sureties shall be exempt from all liability thereon by reason of loss of any such funds from the failure, bankruptcy or any other act of any such bank, to the extent only of such funds in the hands of such bank or banks at the time of such failure or bankruptcy. Such depository shall furnish to the school district clerk prior to the fifth day of July of each year, a verified statement of the school district's account, with such depository for the year ending June thirtieth, which statement shall show a credit to such deposit account of all sums of interest accruing on the sinking fund deposited. (See Sec. pi6.) Sec. 915. BONDS, HOW NEGOTIATED.— When any bonds shall be issued under the provisions of this article, the school district treasurer shall have authority to negotiate and sell such bonds for not less than par, and the said school district treasurer shall apply the proceeds arising from the sale of such bonds only for the purpose of building and furnishing a school house and purchasing grounds on which the said school house shall be located, or to fund any out- standing indebtedness, or for the purpose of taking up any outstanding bonds, as provided by section 910 of this article. (See Appendix V. — VI, i, d, e.) Negotiation bonds. of Sec. 916. COUNTY AUDITOR MAY LEVY Tax levy jto TAX TO PAY BONDS, WHEN.— When any county°'^audhor school board ncglccts or refuses to levy a tax in ac- — when. cordance with law to meet outstanding bonds or the STATE OF NORTH DAKOTA 99 interest thereon, the county auditor shall have power to levy such tax and when collected to apply the pro- ceeds to the payment of such coupons and bonds. Sec. 917. CANCELLED BONDS, RECORDS OF. — When the bonds of any school district shall have been paid by the school board they shall be can- celled by writing- or printing in red ink the words "cancelled and paid" across each bond and coupon and the date of payment and amount paid shall be entered in the clerk's register against the proper num- ber of the bonds and bonds so cancelled shall be filed in the office of the district treasurer until all the out- standing bonds are paid, when they shall be destroyed in the presence of the full board. Sec. 918. PROPOSALS FOR BUILDING SCHOOL HOUSES.— When any school house is built with funds provided for in the manner herein authorized, the school board shall advertise at least thirty days in some newspaper printed in the county or by posting notices for the same length of time in at least three of the most public and conspicuous plac- es if no newspaper is published in the county, for sealed proposals for building and furnishing such school house m accordance with plans and specifica- tions furnished by the school board, reserving the right to reject any and all bids, and if any of the pro- posals shall be reasonable and satisfactory such board shall award the contract to the lowest responsible bid- der and shall require of such contractor a bond in double the amount of the contract, conditioned that he will properly account for all money and property of the school district that may come into his hands and that he will perform the conditions of his contract in a faithful manner and in accordance with its provi- sions; and in case all the proposals are rejected, such board shall advertise anew in the same manner as before until a reasonable bid shall be submitted. (See Appendix B.) Sec. 919. PROVISIONS OF THIS ARTICLE, HOW APPLICABLE.— The provisions of this arti- cle shall be applicable to and authorize the issuance of bonds by such school districts as have already built school houses and issued orders or warrants therefor and any such school district may vote to bond the in- debtedness incurred by reason of building and fur- nishing a school house and purchasing a site for the Bonds — can- celled how — record of. Building school house- procedure. Bond by con- tractor. Re-advertise — when. Districts with school houses may bond. 100 GENERAL SCHOOL LAWS Funds to be deposited. Fire escape pro- be designated — when. same and bonds may be issued in the same manner as hereinbefore provided for building and furnishing school houses. Article 18. — School Funds. Sec. 930. SCHOOL FUNDS REQUIRED TO BE DEPOSITED.— All funds of each and every city or school district of this state shall be deposited by the treasurer of the city, county or school district, as soon as received by him, in the name of the city or school district of which he is an officer, in such bank or banks as shall have been designated as city or school district depositories in accordance with this article, as hereinafter provided. Sec. 921. DEPOSITORIES TO BE DESIG- NATED. — The city council or school board of each and every city or school district of this state, at its first regular meeting after this article shall take effect and at its first regular meeting in July of each odd numbered year thereafter, shall designate one or more national or state banks in its city or district or county as city or school district depositories, in which all of the funds of such city or school district shall be de- posited. Sec. 922. CITY AUDITOR OR SCHOOL CLERK TO ADVERTISE FOR PROPOSALS.— The city auditor or school clerk of each city or school district shall advertise in one or more news- papers of the city, county or village, for at least two weeks immediately prior to such meeting for sealed proposals for the deposit of funds of such city or school district, which advertisements shall state the date up to which such proposals will be received, which date shall be the day of the meeting of the city council or school board, at which such proposals are to be opened. Such proposals shall state in writing what rate of interest will be paid on average daily balances during the month, interest to be paid month- ly on condition that such funds, with accrued inter- est, shall be held subject to draft at all times on de- mand. Such proposals shall be inclosed in sealed en- velopes, addressed to the city auditor or school clerk and marked "Proposals for deposit of city or school funds," 'and shall be by the city auditor or school clerk filed in his office. Proposals — Ad- vertisement — when — contents. STATE OF NORTH DAKOTA 101 Proposals — con- sidered when. Bond of depository. Sec. 923. HOW PROPOSALS ACTED ON. BOND REQUIRED.— Such proposals shall be pre- sented to the city council or school board at such meetings, and then, but not till then, shall be opened by the city auditor or school clerk in the presence of the council or school board, and the council or school board shall thereupon proceed to accept the proposal of the bank or banks ofifering the highest rate of in- terest, not inconsistent therewith, subject to the filing- of a satisfactory bond as hereinafter provided, the amount of which bond shall then and there be fixed by the city council or school board. Before any bank shall be designated as such depository, it shall submit to the city council or school board for its approval a bond payable to the city or school district conditioned for the safe keeping and repayment of any and all funds deposited in such banks, which bond shall be signed by not less than five freeholders of the county or state as sureties ; such bond to be in the sum re- quired by the city council or school board, but in no case less than double the probable amount of funds to be deposited in such bank. If at any time the amount of funds on deposit in any such depositories shall exceed one-half of the amount named I'n such bond, it shall be the duty of the city council or school board at its next regular meeting thereafter to re- quire from such depository an additional bond in a sum not less than twice the amount of such excess. Such bond shall be approved by the city council or school board and the approval indorsed thereon by the mayor or president of the school board, and by him deposited with the city auditor or school district clerk ; and any bank whose bond shall have been so approved shall thereupon be designated by the city council or school board as a city or school district de- pository and shall continue as such until such time as the city council or school board shall advertise for bids as aforesaid. If the city council or school board fails or refuses to approve such bond, the same may be presented to the judge of the district court, upon three days' notice to the city auditor or school district clerk, who shall proceed to hear and determine the sufficiency of such bond, and may approve such bond, proved^°by and the said bank shall be declared a city or school '^'^°"^ district depository as aforesaid. The sureties on such bond shall be required to justify as required by Bond approved. Bond to be ap- 102 GENERAL SCHOOL LAWS Equal bids — how decided. law in arrest and bail proceedings ; provided, how- ever, that in lieu of such personal bond, the city coun- cil or school board may require such banks or bank to file a surety company bond for a sum equal to the amount of funds such bank may receive according to the provisions of this article. If at any time the amount of funds on deposit in such depositories shall exceed the amount named in such surety company Additional bond bond, it shall be the duty of the city council or school — when. 1 , . , -^ . , . board at its next regular meeting thereafter to require from such depositories an additional surety bond in tne sum of not less than the amount of such excess. Such surety company's bond shall be approved as pro- vided by law. Sec. 924. IN CASE BIDS ARE EQUAL, HOW DECIDED. — When two or more banks in the same city or village, proposing to be city or school district depositories, offer the same rate of interest, it shall be the duty of the city council or school board to select, impartially, as many of such banks as depositories as offer ample security for such deposits. In estimat- ing the value of the security offered by any proposed depository the capital, surplus and general credit of the bank shall be taken into consideration, as well as the bonds proposed to be given. Sec. 925. TWO OR MORE BANKS MAY BE DESIGNATED. — In case two or more banks be des- ignated as depositories, the city or school district treasurer shall, as far as practicable, keep in each of the several depositories equal balances at all times ; provided, that in cities or villages where two or more banks are designated as depositories, the amount de- posited in any bank shall not exceed the capital of the banks in said city or village, then the city council or school board shall deposit the funds of the city or school district in the banks of the city or village upon their giving a bond according to law. Sec. 926. WHEN TIME DEPOSITS MAY BE MADE. — Whenever there shall be accumulated in the sinking fund or any other revenue, city or school dis- trict fund, established by law, in .any of the cities or school districts of this state, an amount of money ex- ceeding two hundred dollars, and for which there is no immediate use, the city council oi school board of such city or school district is authorized and em- powered to direct a time deposit of such funds for a Two or pore depositories. Time deposits. STATE OF NORTH DAKOTA 103 period of one year or six months, as they may deem expedient, either in one or more of the city or school district depositories created by law, or such state or national bank as the city covmcil or school board may designate. Sec. 927. HOW DEPOSITORIES FOR TIME DEPOSITS ARE SELECTED.— The depositories for such time deposits of the city or school district funds may be designated at any regular meeting of the city council or school board of such city or school district upon the advertisement and proposals as pro- vided by law for designating the depositories of the general city or school district funds, and the bank or banks designated as the depository or depositories of such time deposits of such city or school district funds shall be required to furnish a bond in the same amount, manner and form as prescribed by law for the several city and school district depositories. Depositories for time depos- its — how selected. Sec. 928. MAXIMUM RATE OF INTEREST ON CALL DEPOSITS.— To further secure the safety of the city or school district funds deposited under the provisions of this article the city council or school board shall satisfy itself of the responsibil- ity of the several banks proposing to act as depositor- ies, and any bank ofifering more than four per cent per annum on deposits, subject to check, shall not be designated as a depository under the provisions of this article ; provided, this act shall not apply to school dis- tricts in incorporated cities or villages. Sec. 929. IN WHOSE NAME DEPOSITED.— All funds in the city or school district shall be depos- ited in the name of the city or school district by the city treasurer or treasurer of the school district, as soon as received by him, m such bank or banks as shall have been designated as city or school district depos- itories. Sec. 930. PENALTY FOR VIOLATION.— If any city or school district treasurer shall deposit any of the funds of his city or school district or loan the same in any manner except according to the provi- sions of this article, he shall be liable to a penalty of five hundred dollars for each deposit or loan so made. Sec. 931. BANKS TO FURNISH MONTH- LY STATEMENTS.— Each depository shall furnish to the city auditor or clerk of the school district on Rate of interest. Funds to be de- posited in name of school dis- trict. Penalty. 104 GENERAL SCHOOL LAWS Banks must fur- nish monthly statement. Checks — how signed. the first day of each month an itemized statement of the account of the city or school district with such de- pository, duly verified by the affidavit of the cashier of such bank, which statement shall be filed and care- fully preserved in the office of the city auditor or school clerk. All sums of interest accruing on the funds deposited as aforesaid shall be credited to such deposit account on the first day of each month for the preceding month, and a statement of such interest shall be rendered by such depository to the city audi- tor or school clerk on the first day of each month and the auditor or clerk shall charge the treasurer with the 'amount thereof and credit the sum to the general funds of the city or school district. Sec. 933. HOW CHECKS SHALL BE SIGNED. — All checks drawn upon the city or school district depositories shall be signed by the city or school dis- trict treasurer in the name of the city or school dis- trict, by himself as treasurer. Sec. 933. WHEN BIDS NOT REQUIRED.— It is the duty of the officers mentioned in this article to comply with the provisions hereof ; provided, that in cities or villages where only one bank is located, the city council or school board shall designate such bank or other bank within this state the depository without advertising for bids, if such bank agrees to pay interest at the rate of at least two per cent per annum and furnishes a bond as hereinbefore provided for the safe keeping and repayment of any funds de- posited in such bank. In cities or villages or coun- ties where there is no bank or where no bank offers to comply with the requirements of this act, the city council or school board must designate some bank or banks outside of such city or village and within this state as such depositories, but (such) bank or banks must furnish a bond in the same manner as other de- positories. Sec. 934. TREASURER NOT LIABLE FOR FUNDS DEPOSITED BY REASON OF BANK FAILURE. — When the funds of any city or school district are deposited by the city or school district treasurer as provided herein, such treasurer and his sureties shall be exempt from all liability thereon by reason of the loss of any funds from the failure, bank- ruptcy or any other act of such bank to the extent only When, bids are not required. Banks outside the district. Treasurer, when exempt from liability STATE OF NORTH DAKOTA 105 of such funds in the hands of such bank or banks at the time of such faihire or bankruptcy. Sec. 935. EXCEPTIONS TO LAW.— It shall not be incumbent upon the city council or school board to designate depositories as herein provided for until the amount in such city or school treasury equals or exceeds the sum of five hundred dollars. Sec. 936. VIOLATION CONSTITUTES MIS- MEANOR. — Any officer violating any of the provisions of this article shall be deemed guilty of a misdemeanor. Article 19. — Special Districts. Sec. 937. (Amended.) CITIES GOVERNED BY THE PROVISIONS OF THIS ARTICLE.— All cities and incorporated towns and villages which have heretofore been organized under the general school laws, and which are provided with a board of education, shall be governed by the provisions of this article. Any city or incorporated town or village, having a population of over one hundred and fifty in- habitants may be constituted a special school district in the manner hereinafter prescribed, and shall then be governed by the provisions of this article ; provid- ed, that any city heretofore organized for school pur- poses under a special act, may adopt the provisions of this article by a majority vote of the voters therein, in the same manner as is provided for the organization of a new corporation under the provisions of this ar- ticle. (See Sec. 932.) Sec. 938. SPECIAL SCHOOL DISTRICTS, CREATION OF. — Whenever any platted or incor- porated city, town or village having a population of over two hundred inhabitants shall constitute a por- tion of a school district, it may be organized into a special school district, alone or with contiguous ter- ritory, and the property and indebtedness of such or- ganized school district divided as hereinafter pro- vided. Sec. 939. SUPERINTENDENT SHALL CALL ELECTION ON PETITION. WHEN.— In such cases a petition signed by a majority of the voters of such school district, including women who are legal voters, as shown by the last election therein, may be presented to the county superintendent of schools for the division of such school district and the orsfaniza- Exceptions. Violation mis- demeanor. Special dis- tricts. What may be- come. Formed from otlier district. Division — how accomplished. 106 GENERAL SCHOOL LAWS tion of such city, town or village together with such territory contiguous thereto as may be described in said petition into a special school district, and setting forth in detail the boundaries of such proposed special districts, the manner and terms of the division of the property, real and personal, and the indebtedness, bonded or otherwise, of such school districts as de- sired by the petitioners, and thereupon such superin- tendent shall within five days call an election to be held in such proposed special district, incorporated city, town or village, and an election to be simultan- eously held in that portion of such school district, sit- uated outside of such proposed special school district, city, town or village. Sec. 940. NOTICE GIVEN. ELECTION, HOW HELD. — Such superintendent shall cause notice of each of such elections to be given by publishing no- tice thereof, stating the time and place of holding such elections, in a newspaper published in such school district (if any, and if there is no newspaper published in such school district)), then by posting notices of the election to be held in such proposed special school district, city, town or village in live pub- lic places in said district outside of such proposed spe- cial school district, city, town or village. Such no- tices shall be posted or published not less than ten days nor more than fifteen days before such, an elec- tion. Such superintendent shall appoint judges and clerks of such elections and the same shall be held and conducted in the same manner, and the polls shall be opened and closed at the same time as in other school district elections, and the result of such elections shall be certified and delivered to such superintendent with- in three days after the close of the polls. Sec. 941. BALLOTS, HOW PRINTED.— There shall be printed on the ballots used at such elections the following statement: "For the division of (here state the name of the district to be divided) and the division of its property and debts as follows: (Here state the boundaries of the proposed special school dis- trict and the manner and terms of such division as set forth in the petition filed.)" The voter shall write after such statement the word "Yes" if in favor of such division, and the word "No" if against it. Sec. 943. SUPERINTENDENT SHALL NOTI- FY PRESIDENT OF SCHOOL BOARD.— Such Notice of the election by- publication. By posting. Election offi- cers. Ballots — form of. STATE OF NORTH DAKOTA 107 superintendent shall thereupon forthwith notify the ^. ,. , • 1 r 1 11111- 1 1 1 1- ■ Notice of re- president of the school board of such school district suit to school and the auditor or clerk of such city, town or village, of the result of such elections. board. Sec. 943. DISTRICTS CONSTITUTED.— If such elections shall each be in favor of the division of such school district, such proposed special school district, city, town or village shall thereafter consti- tute a special school district, and such original school district situated outside of such special school district, city, town or village shall constitute a school district. Sec. 944. : ELECTION OF OFFICERS FOR SPECIAL DISTRICT AND DISTRICT.— The county superintendent shall thereupon call an election for the election of officers of such special school dis- trict and school district of which notice shall be given for at least fifteen days, which elections shall be held as in other cases, in school districts, and special school districts, and such special school district shall there- after be subject to all provisions of law affecting other school districts. Sec. 945. DIVISION OF PROPERTY.— Such school district and such special school district shall thereupon proceed to divide the property of such orig- inal school district according to such petition and shall be bound respectively to pay the indebtedness of such district as provided in such petition, and may make any contracts or conveyances necessary to carry into effect all the provisions of such petition. Sec. 946. BONDED INDEBTEDNESS. TAX TO BE LEVIED TO PAY.— In case such original school district shall have outstanding any bonded debt for the payment of which no sufficient levy of taxes has been made, the board of education of such special school district and the school board of such school dis- trict, shall at the time of making the next annual tax levy, levy a tax sufficient to pay the interest and also the principal of so much of such bonded debt as shall be assumed by such special school district and such school district respectively as the same mature and shall designate the amount of such tax to be collected in each year thereafter, and shall certify such levy to the county auditor who shall thereupon enter and ex- tend upon the tax list in each year the amount of such tax to be collected in that year. District divid- ed — when. Election of of- ficers for new district. Division of property and debts. Division of bonded indebt- edness — and levy therefor. 108 GENERAL SCHOOL LAWS Sec. 947. BONDED DEBT. SPECIAL SCHOOL DISTRICT AND SCHOOL DISTRICT TO PAY. — Such special school district and such school district shall provide for and pay according to the terms of the bonds, such portion of such bonded debt as is as- sumed 'by it. Same. Formation of special dis- tricts under present law. Adjacent ter- ritory — how at- tached. Sec. 948. FORMATION OF UNDER PRES- ENT LAW NOT PROHIBITED.— Nothing in this act shall be construed to prevent or affect the forma- tion of special school districts in accordance with pro- visions of law now in force, or to require the equaliza- tion or adjustment of the property assets or indebted- ness of districts formed under the provisions of this act, otherwise than as herein provided. Sec. 949. (Amended.) ADJACENT TERRI- TORY, HOW ATTACHED FOR SCHOOL PUR- POSES. — When any city, town or village has been organized for school purposes and provided with a board of education under atiy general law, or a special act, or under the provisions of this article, territory outside the limits thereof but adjacent thereto may be attached to such city, town or village for school pur- poses by the board of education thereof, upon applica- tion in writing signed by a majority of the voters of such adjacent territory; provided, that no territory shall be annexed which is at a greater distance than three miles from the central school in such special dis- trict, except upon petition signed by two-thirds of the school voters residing in the territory which is at a greater distance than three miles from the central school in such special district ; and, upon such appli- ciation being made, if such board shall deem it proper and to the best interests of the school of such cor- poration and of the territory to be attached, an order shall be issued by such board attaching such adjacent territory to such corporation for school purposes, and the same shall be entered upon the records of the board. Such territory shall from the date of such order be and compose a part of such corporation for school purposes only. Such adjacent territory shall be attached for voting purposes to such corporation, or, if the election is held in wards, to the ward or wards or election precinct or precincts to which it lies adja- cent ; and the voters thereof shall vote only for school officers and upon such school questions ; provided, that nothing in this act shall prevent any such adjacent ter- STATE OF NORTH DAKOTA 109 ritory being annexed because of such adjacent terri- tory being in an adjoining county, and that the county commissioners shall detach any part of such adjacent territory which is at a greater distance than three miles from the central school in such special district and attach to any adjacent school or special district or districts upon petition to do so, signed by three- fourths of the legal voters of such adjacent territory, and all assets and liabilities shall be equalized accord- ing to section 864. Sec. 950. NAME OF BODY CORPORATE.— Every such district shall be a body corporate for school purposes by the name of "The board of educa- tion of the city, town or village (as the case may be) of (here insert the corporate name of the city, town or village) of the state of North Dakota,'" ^^^^ ^^^ and shall possess all the powers and duties usual to powers of ,. - , ,. c 1 -i school corpora- corporations tor public purposes or conferred upon it tion. by this article or which may hereafter be conferred . upon it by law ; and in such name it may sue and be sued, contract and be contracted with, and hold and convey such real and personal property as shall come into its possession by will or otherwise; and it shall procure and keep a corporate seal by which its official acts may be attested. Sec. 951. CONVEYANCE OF SCHOOL PRO- PERTY, HOW EXECUTED.— Any such city or in- corporated town or village is authorized and required upon the request of the board of education, to convey to such board of education all property within the limits of any such corporation heretofore purchased by it for school purposes and now held and used for School proper- such purposes, the title to which is vested in any such veyed?"' ^°'^' civil corporation. All conveyances for such property shall be signed by the mayor or president of the board of trustees and attested by the clerk of such corpora- tion, and shall have the seal of the corporation affixed thereto and be acknowledged by the mayor or presi- dent in the same manner as other conveyances of real estate. Sec. 952. SPECIAL SCHOOL DISTRICTS, HOW ORGANIZED.— When a petition signed by one-third of the voters of a city, incorporated town or village or a school district, in which is located a city Organization or incorporated town or village entitled to vote at school districts. such election, is presented to the council or trustees of 110 GENERAL SCHOOL LAWS such city, incorporated town or village or school dis- trict, asking that such city, incorporated town or vil- lage or school district be organized as a special school district, such council or board of trustees shall within ten days order an election for such purpose, notice of which shall be given, and the election conducted and the returns made in the manner provided by law for the annual school election ; and the voters of such city, incorporated town or village or school district shall vote for or against organization as a special school district at such election. {See Sec. 937.) Sec. 953. ELECTION OF BOARD OF EDU- CATION. — If a majority of the votes cast at such election is for organization as a special school district, another election shall be called in the same manner as IS prescribed in the foregoing section, at which the catfon— eiec-"' votcrs of such city, incorporated town or village or **°" °^- school district shall elect five members of the board of education, two of whom .shall serve until the first annual election, two until the second annual election, and one until the third annual election thereafter, and until their successors are elected and qualified, and their respective terms shall be determined by lot. Sec. 954. TERMS OF OFFICE. QUORUM.— The board of education of each special district shall consist of we members who shall be elected by the of^'office^ '^^'^'^ legal voters thereof and who shall hold their office quorum. for the term of three years and until their succes- sors are elected and qualified, except as provided for first elections under this article, and three members shall constitute a quorum for the transaction of bus- iness at any legal meeting. Sec. 955. COMPENSATION OF MEMBERS WHO MUST NOT BE INTERESTED IN CON- ' TRACTS. — Each member of such board of education shall receive a compensation of one dollar and fifty Board to re- ccuts for cach meeting of such board actually attended ceivc no com- - - ^ pensation nor by him; provided, that no compensation shall be al- in contrTcfs. lowcd for morc than one meeting in each calendar month. The members shall not be interested, direct- ly or indirectly, in any contract for making any im- provements or repairs, or for erecting any building or for furnishing any materials or supplies for their dis- trict. Sec. 956. ANNUAL AND SPECIAL MEET- INGS OF BOARD.— The annual meeting of such STATE OF NORTH DAKOTA 111 Meetings. Special meet- ings. Officers of board. Clerk. board of education shall be held on the second Tues- day in July following the annual election, at which time the newly elected members shall assume the du- ties of their office. Each board shall meet for the transaction of business as often as once in each calen- dar month thereafter and may adjourn for a shorter time. Special meetings may be called by the presi- dent or in his absence by any two members of the board by giving a personal notice to each member of the board or by causing a written or printed notice to be left at his last place of residence at least forty- eight hours before the time of such meeting. Sec. 957. ORGANIZATION OF BOARD.— At the annual meeting on the second Tuesday in July of each year such board of education shall organize by electing a president from among its members who shall serve for one year ; and they shall also elect a clerk, not one of their own number, who shall hold his office during the pleasure of the board and receive such compensation for his services as shall be fixed by the board. In the absence of the president at any meeting, a president pro tempore may be elected by the board. Sec. 958. DUTIES OF PRESIDENT.— The president shall preside at all meetings of the board, appoint all committees whose appointment is not oth- erwise provided for and sign all warrants ordered by the board to be drawn upon the treasurer for school moneys and perform other acts required by law. Sec. 959. DUTIES OF CLERK. RECORDS.— The clerk shall keep a true record of all the proceed- ings of the board, take charge of its books and docu- ments, countersign all warrants for school moneys drawn upon the treasurer by order of the board and affix the corporate seal thereto and perform such oth- er duties as the board may require. The records, books, vouchers and papers of the board shall be open to examination by any taxpayer of the district. Such record or a transcript thereof certified by the clerk and attested by the seal of the board, shall be received in Records, all courts as prima facie evidence of the facts therein set forth. Sec. 960. POWERS AND DUTIES OF BOARD. ■ — Each board of education shall have power and it shall be its duty : Duties of presi- dent. Duties of clerk. School boardr^ powers and duties. 112 GENERAL SCHOOL LAWS Establish free schools. Maintain or discontinue same. High schools. 1. To establish a system of graded common schools which shall be free to all children of legal school age, residing within such special district, and shall be kept open not less than six nor more than ten months in any year. 2. To establish and maintain such schools in its city, town or village as it shall deem requisite or expe- dient and to change or discontinue the same. 3. To establish and maintain a high school, when- ever in its opinion the educational interests of the cor- poration demand the same, in which such courses of study shall be pursued as shall be prescribed or ap- proved by the superintendent of public instruction, to- gether with such additional courses as such board of education may thereafter deem advisable to establish. 4. To purchase, sell, exchange and hire school houses and rooms, lots or sites for school houses, and to fence and otherwise improve them as it deems pro- per. {Se'e Appendix C. — VL i, a. b.) 5. Upon such lots and upon such sites as may be owned by such special district to build, alter, enlarge, improve and repair school houses, outhouses and ap- purtenances as it may deem advisable. 6. To purchase, sell, exchange, improve and re- pair school apparatus, text books for the use of the pupils, furniture and appendages and to provide fuel for the schools. , 7. To have the custody of all school property of every kind and to see that the ordinances and by-laws of the city or village in relation thereto are observed. 8. To contract with, employ and pay all teachers in such schools and to dismiss and remove for cause any teacher whenever the interests of the school may require it ; but any such teacher shall be required to hold a certiiicate to teach, issued by the county super- intendent or the superintendent of public instruction, and if any such teacher holds only a county certificate the board may impose such further requirements as the best interests of the several grades may require. No person who is a relative of any member of the board shall be employed as a teacher without the con- currence of the entire board. 9. To employ, should it deem expedient, a compe- tent and discreet person as superintendent of schools and to fix and pay a proper compensation therefor, and such superintendent may be required to act as principal or teacher in such school. ' School houses. Build same. Property and fuel. Custodians of property. Teachers. Superintendent. STATE OF NORTH DAKOTA 113 10. To defray the necessary and contingent ex- penses of the hoard, including the compensation of its clerk. 11. To adopt, alter and repeal, whenever it may deem expedient, rules and regulations for organizing grading, government and instruction and the recep- tion of pupils, their suspension and expulsion and their transfer from one school to -another. But no pu- pil shall he suspended or expelled except for insubor- dination, habitual indolence or disorderly conduct ; such suspension shall not be for a longer period than ten days, nor such expulsion beyond the end of the current term of school. 12. Each member shall visit, at least twice in each year, all the public schools in the city or village. 13. To make a report on July first, or as soon thereafter as practicable, of the progress, prosperity and condition, financial as well as educational, of all the schools under its charge, a copy of which, togeth- er with such further information as shall be required by the superintendent of public instruction, shall be forwarded to the county superintendent, the same as reports are made by other school districts ; and such report or such portion thereof as the board of educa- tion shall consider advantageous to the public, shall be pfiblished in a newspaper in the city or village, and in cities and villages of over eight hundred inhabi- tants it may be published in pamphlet form. 14. To admit children of persons not living in such special district into the schools of such district, and to fix and collect the tuition therefor, if in its judgment the best interests of the school will permit. 15. To cause an enumeration of the children of school age within such special district, including those residing in ttny territory thereto attached for school purposes, to be made annually, as provided for other school districts, and return the same to the county superintendent. Sec. 961. TREASURER, CUSTODIAN OF SCHOOL MONEYS.— All moneys from whatever source, which the board of education of any special district shall by law be authorized to receive, shall be paid over to the treasurer of such board and he shall charge the same to the proper fund. Sec. 962. SCHOOL UNDER SUPERVISION OF WHOM. — The schools of each special district shall be under the immediate supervision of the board Expenses of board. Grading and government. Visit schools. Make report. Publish same. Admit non- residents. School census. Moneys to be paid to treas- urer. Supervision of schools. 114 GENERAL SCHOOL LAWS of education or the school superintendent appointed by such board, subject to such general directions and supervision by the county superintendent as are pro- vided for in this chapter. Sec. 963. TAXABLE PROPERTY.— The tax- able property of the whole school corporation includ- ing the territory attached for school purposes shall be subject to taxation. All taxes collected for the bene- fit of the school shall be paid in money, and shall be placed in the hands of the treasurer, subject to the order of the board of education. Taxable prop- erty. Levy not to ex- ceed 30 mills. Contracts — how let. For buildings or improve- ments. City or town treasurer ex- officio school treasurer. Duties of treasurer. Sec. 964. ANNUAL SCHOOL TAX.— The board of education shall on or before the twentieth day of July of each year levy a tax for the support of the schools of the corporation, including any expendi- tures allowed by law, for the fiscal year next ensuing, not exceeding in any one year thirty mills on the dol- lar on all the real and personal property within the district which is taxable according to the laws of this' state, the amount, of which levy the clerk of the board shall certify to the county auditor, who is authorized and required to place the same on the tax roll of such county to be collected by the county treasurer as other taxes and paid over by him to the treasurer of the board of education of whom he shall take a recent in duplicate, one of which he shall file in his office and the other he shall forthwith transmit to the clerk of the board of education. Sec. 965. EXPENDITURES. CONTRACTS.— No expenditures involving an amount greater than one hundred dollars shall be made except in accord- ance with the provisions of a written contract, and no contract involving an expenditure of more than five hundred dollars for the purpose of erecting any public buildings or making any improvements shall be made except upon sealed proposals and to the lowest respon- sible bidder, after public notice for ten days previous to receiving such bids. Sec. 966. TREASURER.— The treasurer of any city, town or village comprising a special district shall be treasurer of the board of education thereof. Sec. 967. TREASURER, DUTIES OF.— The treasurer of each board of education shall keep a true account of the receipts and expenditures of the var- ious funds separately, and shall prepare and submit in STATE OF NORTH DAKOTA 115 writing a quarterly report of the state of the finances of the district, and shall, when required, produce at any meeting of such board or any committee appoint- ed for the purpose of examining his accounts, all books and papers pertaining to his office. He shall safely keep in his possession or under his control all school moneys coming into his hands, and shall pay out such moneys only upon a warrant signed by the president, countersigned by the clerk and attested by the corporate seal of the board. Pay money on- ly upon proper warrant. Sec. 968. TREASURER'S BOND.— The treas- urer of the board shall execute a bond to such board, with sufficient sureties to be approved by the board, in such sum and as such board may from time to time re- quire, as near as can be ascertained in double the amount of the moneys likely to come into his hands, conditioned for the faithful discharge of his duties as treasurer ; which bond shall be in addition to his bond to the city, town or village. In case of the failure of the city, town or village treasurer to give such bond within ten days after being required so to do by such board of education, such treasurer's office shall be- come vacant and the council or board of trustees of such city, town or village shall appoint another per- son in his place, who shall give such additional bonds, (See Appendix D. — Note 24.) Sec. 969. ; BOARD ASSUMES CONTROL AFTER EQUALIZATION OF DEBTS AND PROPERTY^— When any board of education shall be organized under the provisions of this article, it shall, after the equalization hereinafter provided for, assume control of the schools of the city, town or vil- lage, and shall be entitled to the possession of all pro- perty of the former district or districts or parts there- of lying within such city, town or village, for the use of schools. Such board shall also be entitled to its due proportion of all moneys on hand and taxes al- ready levied but not collected, and shall be liable for a proper amount of the debts and liabilities of such former district, to be determined in the manner pro- vided in this chapter for the equalization, determina- tion and division of debts, property and assets of school districts consolidated or divided. Sec. 970. SPECIAL DISTRICT MAY BE- COME PART OF GENERAL DISTRICT, WHEN. — Any special district organized under the Bond of treas- urer. Vacancy on failure to give. Board assumes control — when. 116 GENERAL SCHOOL LAWS Special dis- trict part of general district — when. general school laws and provided with a board of edu- cation may become a part of the school district in which it is located, whenever it is so decided by a ma- jority vote of the school electors of the city, town or village and of such school district voting at an election called for that purpose. An election for such purpose shall be ordered and proper notice thereof given by the board of education and the school board of such dis- trict in the same manner as is required for the election of school officers in such district, when petitioned by one-third of the voters resident in such district, and when so united the determination and division of the. debts, property and assets shall be made by arbitration as provided in this chapter for school districts consol- idated or divided. Villages not incorporated but heretofore organized under the general school laws and provided with a board of education shall become a part of the school district in which they are located and the determination and division of the property, debts and assets shall be made by arbitration as afore- said. How. Election of board of edu- cation. Term. Polls open. Notice. Sec. 971. ELECTION OF BOARDS OF EDU- CATION IN SPECIAL DISTRICTS.— On the third Tuesday. in June each year an election shall be held in each special district at which such members of the board of education shall be elected at large as shall be necessary to fill all vacancies therein caused by expiration of terms of office or otherwise, and each member elected shall serve for a term of three years, commencing on the second Tuesday in July follow- ing his election and until his successor is elected and qualified except when elected to serve an unexpired term. ' The polls shall be open at 9 o'clock A. M. and kept open until 4 o'clock P. M. on the day of such election. { Sec. 972. NOTICE OF ELECTION, CON- TENTS OF.— Such election shall be called by the board of education of such special district, which shall cause notice thereof to be posted or published as re- quired by law for the annual election of civil officers in the city, town or village comprising such special district ; such notice shall be signed by the clerk, or, in his absence, by the president of the board of edu- cation of such district, and shall state the time and place of holding such election and what officers are to be elected and their terms. STATE OF NORTH DAKOTA 117 Form of. Sec. 973. NOTICE OF ELECTION, FORM OF. — Such notice shall be in substantially the following form : Notice is hereby given, that on Tuesday, the .... day of June, A. D , an annual election will be held at (here insert polling place) for the purpose of electing the following members of the board of education (here insert terms for which they are to be elected), for the city, town or village (here insert name) and the polls will be open at nine o'clock A. M. and closed at four o'clock P. M. of that day. By order of the board of education. Signed Clerk. Sec. 974. ELECTION PRECINCTS AND OF- FICERS OF ELECTION.— At least fifteen days prior to such election the board of education of each special district shall designate one polling place and appoint two 'persons to act as judges and two persons to act as clerks. Before opening the polls each of such judges and clerks shall take an oath that he will per- form his duties as judge or clerk (as the case may be) according to law and to the best of his ability, which oath may be administered by any officer authorized to administer oaths or by either of said judges or clerks to the others. Sec. 975. CANVASS OF RETURNS.— Such elec- tion shall be conducted and the votes canvassed in the manner provided by law for election of county offi- cers, and returns shall be made showing the number of votes cast for each person for any office, which shall be signed by the judges and clerks of election, and the person receiving the highest number of votes for each office in the district shall be declared elected, and the returns shall be filed 'with the clerk of the board of education within two days thereafter. Sec. 976. CERTIFICATES OF ELECTION.— The clerk of the board shall give to each person elect- ed at such election a certificate stating that he was duly elected as a member of the board of education and the time he is to take the oath and enter upon the duties of his office. Such clerk shall also certify as soon as possible to the county superintendent of schools the persons so elected and their terms. Election pre- cincts and offi- cers. Oath. Canvass. Certificates of election - — clerk shall give. 118 GENERAL SCHOOL LAWS Vacancies. Official oath. Sec. 977. VACANCIES, HOW FILLED.— The board of education of each city, town and village shall have power to appoint a person to fill any vacancy which may occur in the board ; and such appointee shall hold his office until the next annual school elec- tion, at which time a person shall be elected to serve for the unexpired term; but if such vacancy shall oc- cur within ten days before an annual election, such appointee shall hold office until the annual election in the following year. When any such appointment shall be made the clerk shall certify the same to the county superintendent. (See Appendix D. — Note 3-) Sec. 978. OATH OF OFFICE.— Before enter- ing upon the duties of his office each person elected or appointed as a member of the board of education, shall take the oath or affirmation prescribed in section 211 of the constitution, which oath shall be filed with the clerk of the board. (See Appendix D. — Note 32.) Sec. 979. BONDS, HOW AND WHEN IS- SUED. — Whenever the taxes authorized by law shall not be sufficient or shall be deemed by the board of education to be burdensome, bonds may be issued and negotiated for the purpose of raising money to pur- chase a site or to erect suitable buildings thereon, or to fund any outstanding indebtedness, or for the pur- pose of taking up any outstanding bonds of the school corporation; provided, that the issuance of such bonds shall first be authorized by the voters of such special district as hereinafter prescribed. Such bonds shall be signed by the president and clerk and attested by the corporate seal of the board, shall bear the date of their issue, and be (payable in not less than five nor more than twenty years from their date, at such place as shall be designated upon their face. The denominations of the bonds which may be issued un- der the provisions of this article shall be fifty dollars or some multiple of fifty, and shall bear interest at not more than seven per cent per annum, payable semi-an- nually on the first day of January and July in each year, shall show upon their face that they are issued for school purposes, and shall be sold at not less than par. Each bond shall have endorsed thereon the cer- tificate of the clerk of the board stating that such bond is issued pursuant to law and is within the debt limit prescribed by the constitution. {See Appendix B.) Bonds issued when taxes are insufficient — how. Denomination Endorsed by- clerk. STATE OF NORTH DAKOTA 119 Election for issuing bonds — how con- ducted. Sec. 980. ELECTION FOR ISSUING BONDS. — Before issuing any such bonds the board of educa- tion shall call an election for the purpose of submit- ting to the voters of the district the question of issu- ing such bonds, notice of which shall be given in the manner prescribed by law for giving notice of the an- nual election for the several officers of the city, town or village comprising such special district, except that such notice shall be given twenty days before such election. Such election shall be conducted and the returns made in the manner provided for the annual election of members of the board of education and may be held at the time of the annual school election or at any other time named in such notice. The notice of such election shall clearly state the amount of the bonds proposed to be issued, the time in which they shall be made payable, the purpose for which they are to be issued, and the time and place such election will held. At such election the voters shall have written or printed on their ballots "for issuing bon^s" or "against issuing bonds," and if a majority of the votes cast is for issuing bonds such bonds shall be is- sued and negotiated by such board of education, but if a majority thereof is against issuing bonds such bonds shall not be issued, nor sball the question be again submitted for one y'ear thereafter except for a different amount and then only upon a written peti- tion of a majority of the voters of the district. Sec. 981. BONDS TO SPECIFY WHAT. DEBT LIMIT. — The bonds, the issuance of which is pro- vided for in the foregoing section, shall specify the rate of interest and the time when the principal and interest shall be paid ; and no district shall issue bonds in pursuance of this article in a sum greater than five per cent of its assessed valuation, including other debts. (See Sec. pi 2.) Sec. 982. LEVY FOR INTEREST AND SINK- ING FUND. — The board of education at the time of its annual tax levy for the support of schools shall also levy a sufficient amount to pay the interest as the same accrues on all bonds issued under the provisions of this article, and, also to create a sinking fund for the' redemption of such bonds, which it shall levy and collect in addition to the rate per cent authorized by the provisions aforesaid for school purposes, and such amount of funds when paid into the treasury shall be Bonds — what to specify. Limit. Interest and sinking fund — levy to pay. 120 GENERAL SCHOOL LAWS Investment df sinking fund In U. S. bonds. and remain a special fund for such purpose only, and shall not be appropriated in any other way except as hereinafter provided. At or before the issuance of any bonds as herein provided the board shall by reso- lution provide for such annual levy to pay the inter- est and to create such sinking fund, and such resolu- tion shall remain in force until all such bOnds and the interest thereon shall have been paid. {See Sec. pi I.) Sec. 983. INVESTMENT OF SINKING FUNDS. SCHOOL DISTRICTS.— All moneys raised for the purpose of creating a sinking fund for the final redemption of all bonds issued under article 71 of chapter 9 of the civil "code of the state shall be' invested annually by the board of education of any special school district in this state as follows, vi'z : 1. In the bonds of this state or of the United States. I 2. Special school district board may designate one or more national or state banks in the county where such special school district is situated as a depository for such sinking fund, and in such case the school board shall advertise for at least two weeks in some newspaper printed within the limits of said special school district, if there be one, if not, in the county where said school district is situated, for sealed pro- posals for the deposit of the sinking fund of such school district, reserving the right to reject any and all bids, satisfying itself of the responsibility of all banks proposing to act as depositories. Before any bank shall be designated as such depository it shall present to the school board a sealed proposal stating in writing what rate of interest will be paid for the deposit of such sinking funds, and shall submit to the board for its approval a bond payable to the special school district conditioned for the safe keeping and repayment of any funds deposited in such bank, which bond shall be signed by. not less than three freehold- ers of this state as sureties or some surety bond com- pany qualified to do business in this state and such bond to be in the sum required by the school board and in no case to be less than double the probable amount of the funds to be deposited in such bank. The approval of such bond shall be endorsed thereon by the board and deposited with the county auditor and any bank whose bond shall have been so approved shall thereupon be designated by the school board as Depository. Bond of. STATE OF NORTH DAKOTA 121 Treasurer exempt from liability. a depository for the sinking fund, and shall continue as such, until such time as the board shall direct the withdrawal of such funds or until such funds are needed for the payment or the purchase of bonds as provided for in this act. When the sinking fund of any special school district is deposited by the treas- urer of the board of education of said school district in the name of the school district in such depository such treasurer and his sureties shall be exempt from all lia- bility thereon by reason of loss of any such funds from the failure, bankruptcy or any other act of any such bank, to, the extent only of such funds in the hands of such bank or banks at the time of such fail- ure or bankruptcy. Such depository shall furnish to the clerk of the board of education of such special school district prior to the fifth day of July of each year, a verified statement of the school district account with such depository for the year ending June 30. which statement shall show a credit to such deposit account of all sums of interest accruing on the sink- ing fund deposited. (See Sec. 914.) 3. The board of education of any special school district may buy and cancel the bonds of such district and pay for the same with the moneys in the sinking fund created to pay such bonds. 4. In first mortgages on farm lands in this state only in the following manner, towit: (a) That said first mortgages and all of them, shall run for a period of time and not to exceed ten years and that the funds so invested shall bear interest at a rate not less than six per cent per annum and such interest when paid shall be covered into and become a part of the said sinking fund. (b) First mortgage loans shall only be made upon cultivated lands within the state, and to persons who are actual residents thereof. And in no case on lands of which the appraised value is less than seven dol- lars and fifty cents per acre, and in sums not more than one thousand dollars to any one person, firm or corporation. Such appraisement to be made by the school board of such special school district or by some competent person designated by them for the purpose. May buy bonds. Mortgages. Not to exceed ten years. By whom and on what lands. Sec. 984. SATISFACTION AND FORECLO- SURE OF MORTGAGES.— All or any of said mort- „ . , ,, . . -' Paid after five gages may be satisfied at any time after five years years, from the date when made on payment of the full 122 GENERAL SCHOOL LAWS Foreclosure. Interest cou- pons — payment of. amount due thereon, by an instrument in writing exe- cuted in the corporate name of the special school dis- trict which shall be the payee in all notes taken for loans as herein provided and the mortgagee in all mortgages taken. Such instrument to be executed and acknowledged in the same manner as is or may be provided for by law for the execution and acknowl- edgement of transfers of real estate by corporations. Such mortgages may be foreclosed by advertisements or an action in the name of the special school district in any court of competent jurisdiction as is now or may be provided by law. Sec. 985. INTEREST COUPONS.— When the interest coupons of the bonds hereinbefore authorized shall become due they shall be promptly paid, upon presentation, by the treasurer, out of any moneys in his hands collected for that purpose, and he shall in- dorse in red ink upon the face of such coupons the word "paid" and the date of payment and sign the initials of his name. Sec. 986. SECURITY FOR PAYMENT OF BONDS. — The school fund and property of such school corporation and territory attached for such purposes is hereby pledged to the payment of the in- terest and principal of the bonds mentioned in this article as the same may become due. Sec. 987. BOND REGISTER.— The clerk of the board of education shall register in a book provided for that purpose the bonds issued under this article, and all warrants issued by the board, which register shall show the number, date and amount of such bonds and to whom payable. Sec. 988. REFUNDING BONDS, ISSUANCE OF. — The board of education of any special or inde- pendent school district shall have power, whenever two-thirds of the members of such board shall deem it necessary and for the best interests of such school district, to issue bonds for the -purpose of refunding any outstanding bonds when the same become due. Such bonds shall be issued in denominations of fifty dollars or some multiple of fifty, and shall not exceed in amount the face value of the bonds they are issued to replace, and shall not bear a higher rate of interest than seven per cent per annum, payable semi-annual- ly on the first day of January and July of each year, nor run for a longer period than twenty years. Bonds — how secured. Bond register — what to show. Refunding bonds. Description of. STATE OF NORTH DAKOTA 123 Sec. 989. BONDS MAY BE EXCHANGED. — Such refunding bonds may he exchanged at par for an equal amount of outstanding bonds or may be sold at not less than par value and the proceeds applied solely to the payment of the bonds to be refunded, except that any premium that may be received on the sale of such bonds shall be kept as a separate fund and used for the payment of the interest on such bonds. Exchange of bonds. Sec. 990. ISSUE OF BONDS, HOW GOV- ERNED. — In the issuance of such refunding bonds the board of education shall be governed by the pro- visions of sections 981 to 987. Sec. 991. SURPLUS FUNDS, HOW TRANS- FERRED. — Any moneys remaining in the treasury of such school districts, appropriated or held for the purpose of paying such bonds so refunded, may, at the discretion of the board of education at any time within six months after such refunded bonds have been taken up and canceled, be transferred to the building or contingent fund of such district. Article 20. — Independent School Districts. Sec. 992. INDEPENDENT DISTRICTS, HOW ORGANIZED. — Any city heretofore organized for school purposes under a special law and provided with a board of education may become incorporated as an independent school district under the provisions of this article in the manner following : Whenever one eighth of the legal voters of such city voting at the preceding municipal election shall petition the mayor and council therecrf to submit the question as to whether such city shall establish an independent school district under this article to a vote of the elec- ors in such city it shall be the duty of such mayor and council to submit such question accordingly and to appoint a time and place or places at which such vote may be taken and to designate the persons who shall act as judges at such election, but such question shall not be submitted oftener than once in two years. Sec. 993. NOTICE OF ELECTION.— The mayor of such city shall cause at least twenty days' notice of such election to be given by publishing a notice there- of in one or more newspapers within such city, but if no newswpaper is published therein, then by posting Law governing. Surplus funds — disposal of. Independent districts. How organ- ized. Election board. Election — notice of. 124 GENERAL SCHOOL LAWS Ballots — form of. Bounded by- city limits. Board of edu- cation — how elected. Quorum. at least five copies of such notice in each ward or vot- ing precinct. Sec. 994. FORM OF BALLOTS. RETURNS. — The ballots to be used at such' election shall be in the following form : "For establishing an independ- ent school district" or "against establishing an inde- pendent school district." The judges of such elec- tion shall make returns thereof to the city council whose duty it shall be to canvass such returns and cause the result of such canvass to be entered upon the records of such city. If a majority of the votes cast at such election shall be for establishing an inde- pendent school district, such independent school dis- trict shall thenceforth be deemed to be organized un- der this article and the board of education then in office shall thereupon exercise the powers conferred upon like officers in this article until their successors are elected and qualified. Sec. 995. BOUNDARIES OF INDEPENDENT DISTRICTS.— All that portion included within the corporate limits of any city, together with the addi- tions that are now or may be hereafter attached to such city limits shall be constituted and established an independent school district to be designated as the "Independent School District of the City of " and a board of education is hereby established for the same. Sec. 996. MEMBERS OF BOARD, HOW ELECTED. QUORUM.— Such board shall consist of one member from each ward in the city, and when the city is divided into an even number of wards, then such city shall elect one member of such board at large. Such members shall hold their office for the term of two years and until thei'r successors are elect- ed and qualified. A majority of the members of such board shall constitute a qijorum for the transaction of business, but a smaller number may meet and adjourn. The electors in each ward in such city shall elect one member of such board, and the electors of such city shall elect one member of such board at large. The wards having even numbers shall hold their election in each even numbered year and the wards having odd numbers shall hold their election in each odd num- bered year. The member at large shall be elected bi'- enially in the even numbered years ; provided, when such city is divided into three wards, such board shall STATE OF NORTH DAKOTA 125 Member large. Election — date of. consist of five members, one member from each ward, and two members to be chosen at large ; provided, also, that at the first election members from even num- bered wards shall be elected for a term of one year, and members from odd numbered wards for a term of two years ; when two members are to be chosen at large at such first election, one shall be elected for a term of one year and one for a term of two years. Sec. 997. DATE OF ELECTION. CANVASS OF VOTES. — The election referred to in the forego- ing sections shall be held on the third Monday in April of each year, at the usual polling place for mu- nicipal elections in each ward. The mayor shall have authority and is hereby empowered to appoint two judges and one clerk for such election, who shall open the polls at the hour of eleven o'clock in the 'forenoon and hold the same open until five o'clock in the afternoon of the same day. Such election shall be conducted in all respects and the polls closed and votes canvassed in the same manner as municipal elec- tions, and the judges shall have the same power and authority in all respects as the judges of election for municipal officers, and after the votes are canvassed the judges shall make their returns to the city clerk or auditor, as the case may be, within twenty-four hours after the polls are closed, and the city council shall canvass such returns and declare the result with- in three days thereafter, which result shall be entered upon the records of the city, and it shall be the dutv of the city clerk or auditor to issue certificates of elec- tion to the persons declared elected. The judges and clerks of election shall receive the same compensation for their services as at municipal elections for mayor and aldermen. Conduct of. Sec. 998. VACANCIES, HOW FILLED, any vacancy occurs in the board for any cause. -If the remaining members thereof shall fill such vacancy by appointment until the next annual election, and at such election a new member shall be elected to fill the unexpired term. Sec. 999. STYLE AND POWERS OF BOARD. — The board so elected shall be. a body corporate in relation to all the powers and duties conferred upon it by this article, and shall be styled "The Board of Edu- cation of the Independent School District of the City of (here insert the name of the city)" and Vacancies- how filled. Board- styled. -how 126 GENERAL SCHOOL LAWS as such shall have the power to sue and be sued, con- tract and be contracted with, and shall possess all the powers usual and incident to such bodies corporate, and such as shall be herein given, and shall procure and keep a corporate seal. At each annual meeting of the board the members thereof shall elect one of their number president of the board, and when he is absent a president pro tempore shall be appointed who shall preside during such absence. The members so elected shall each qualify by taking the prescribed oath of office within ten days after receiving their cer- tificates of election, and shall assume the duties of the office at the annual meeting of the board held on the first Monday in May of each year. I Powers. Officers. Annual ing. Compensation — contracts. Care of prop- erty. Meetings. Secretary- duties of. Sec. 1000. RESPONSIBILITY OF BOARD.— The members of the board shall receive no compensa- tion, nor be interested directly or indirectly in any contract for building or making any improvements or repairs provided by this chapter. They shall have the care and custody of all public property in such district pertaining to school purposes and the general management and control of all school matters. Sec. 1001. MEETINGS OF BOARD.— The reg- ular meetings of the board shall be held on the first Tuesday of each month, and the board may hold special meetings upon notice. The regular meetings may be adjourned for any time shorter than one month. Special meetings may be called by the presi- dent, or in case of his absence or inability to act, by any three members of the board as often as necessary by giving a personal notice in writing to each mem- ber of the board or by causing such notice to be left at his place of residence at least forty-eight hours be- fore the hour of such special meeting. Sec. 1002. SECRETARY, DUTIES OF.— Such board shall appoint a secretary, who shall hold his of- fice during the pleasure of the board and whose com- pensation shall be fixed by the board. The secretary shall keep a record of the proceedings of the board and perform such other duties as the board may pre- scribe. Such record, or a transcript thereof, certi- fied by the secretary and attested by the seal of the board, shall be received in all courts as prima facie evidence of the facts therein set forth ; and such rec- ords, and all books, accounts, vouchers and papers of the board shall at all times be subject to inspection by STATE OF NORTH DAKOTA 127 Taxes — pow- ers of board as to. the members of such board or any committee thereof, or by any taxpayer of the district. For the purpose of economy the board may, if deemed advisable, ap- point one of its own members secretary. The annual report of the secretary shall contain such items as may be required by the superintendent of public instruc- tion. Sec. 1003. POWERS OF BOARD.— The board shall have power and it shall be its duty to levy and raise from time to time by tax such sums as may be determined by the board to be necessary and proper for any of the following purposes : 1. To purchase, exchange, lease or improve sites for school houses. 2. To build, purchase, lease, enlarge, alter, im- prove and repair school houses and their outhouses and appurtenances. 3. To purchase, exchange, improve and repair school apparatus, books, furniture and appendages. 4. To procure fuel and defray the contingent ex- penses of the board, including the expenses of the sec- retary. 5. To pay teachers' wages after the apportionment of public moneys which may be by law appropriated and provided for that purpose. Purposes for which taxes may be levied. Sec. 1004. COLLECTION OF TAX.— The tax to be levied and collected as aforesaid by virtue of this article shall be collected in the same manner as other county taxes, and for that purpose the board of edu- cation shall have power to levy and cause to be collect- ed such taxes as are herein authorized, and shall cause the amount iof each purpose to be certified by the secretary to the county auditor in time to be add- ed to and put upon the annual tax list of the county. And it shall be the duty of the county auditor to cal- culate and extend upon the annual assessment roll and tax list the tax so levied by such board, and such tax shall be collected as other county taxes are collected. Sec. 1005. AMOUNT OF TAX LIMITED.— The amount raised for teachers' wages and conting- ent expenses shall be only such as together with the public moneys coming to such district from the state and county fund and other sources shall be sufficient to maintain efficient and proper schools in such dis- trict. The taxes for the purchasing, leasing or im- proving of sites, and the building, purchasing, leasing, Taxes — how collected. Taxes — limi- tation. 128 GENERAL SCHOOL LAWS Bonds — authority to is- sue. enlarging altering or repairing of school houses shall not exceed in any year twenty mills on the dollar of the assessed valuation of the taxable property of the dis- trict and the board of education is authorized and di- rected, when necessary, to borrow in anticipation, the amount of the taxes to be raised, levied and collected as aforesaid. Sec. 1006. I AUTHORITY TO ISSUE BONDS. — The board of education of such district is author- ized and empowered, and it is its duty whenever the board deems it necessary for the efficient organiza- tion and establishment of schools in such district, and when the taxes authorized by this article shall not be sufficient or shall be deemed by the board to be bur- densome upon the taxpayers of the district, from time to time to issue bonds of the district in the denom- ination of fifty dollars or some multiple of fifty, pay- able at a time not to exceed twenty-five years after date and bearing interest at a rate not to exceed seven per cent per annum, payable semi-annually on the first day of January and July of each year ; and to show upon their face that they are issued for the purpose of building or furnishing a school house or school houses, purchasing grounds on which to locate the same, or to fund any outstanding indebtedness, or for the purpose of taking up any outstanding bonds ; and the said board of education is authorized to cause the same to be sold at not less than par value, and the money realized therefrom deposited with the city treasurer to the credit of such board of education ; and when any bonds shall be so negotiated it shall be the duty of the board to provide by tax for the payment of the principal and interest of such bonds ; provided, that at no time shall the aggregate amount of such bonds, including all other indebtedness, exceed fifty mills on the dollar of valuation of the taxable proper- ty of such district, to be determined by the last city assessment. {See Sec. pio.) Sec. 1007. MONEYS PAID TO CITY TREAS- URER. — All moneys raised pursuant to the provi- sions of this article and all moneys which shall by law be appropriated to or provided for such district, shall be paid over to the city treasurer of the city, and the Bonds must show what. City treasurer —moneys to be couuty treasurer shall from time to time, as he shall ^^' " receive the county school funds, and at least once in each month, on the first Monday thereof, pay over STATE OF NORTH DAKOTA 129 Treasurer's bond. to- such city treasurer the proportion thereof be- longing to such district ; and for that purpose the board shall have the power to cause all needful steps to be taken including census reports or other acts or things, to enable such board to receive the school money belonging to such district, as fully and com- pletely as though such district formed one of the school districts of the county where the same may be situated. Sec. 1008. BOND OF TREASURER.— The city treasurer of such city shall give a bond to such board of education in such sum as the board shall from time to time require, with two or more sureties to be ap- proved by the board, conditioned for the safe-keeping of the school funds, which shall be in addition to his other bond ; and such treasurer and the sureties upon such bond shall be accountable to the board for the moneys that come into his hands, and in case of fail- ure of such treasurer to give such bond when re- quired by the board, or within ten days thereafter, his ofifice shall become vacant and the city council shall appoint another person in his place. Sec. 1009. SCHOOL FUNDS, HOW KEPT AND PAID OUT. — All moneys required to be raised by virtue of this article shall be paid in cash or in war- rants hereinafter provided, drawn on the school fund only, and such moneys and all moneys received by such district for the use of the common schools there- in shall be deposited for safe-keeping 'with such city treasurer to the credit of the board of education and shall by him be safely kept separate and apart from any other funds until drawn from the treasury as herein provided. Such treasurer shall pay out the moneys authorized by this article only upon warrants drawn by the president, countersigned 'by the secre- tary and attested by the seal of such board of edu- cation. Vacancy on failure to give. Moneys — how paid out. Sec. 1010. GENERAL POWERS OF BOARD. — The board shall have power and it shall be its duty : (See Sec. p6o.) 1. To organize and establish such schools in the district as it shall deem requisite and expedient, and to change and discontinue the same. 2. To purchase, sell, exchange and hire school houses and rooms, lots or sites for school houses, and —9— General powers of board: Over schools. Houses and sites. 130 GENERAL SCHOOL LAWS to fence and improve the same. {See Appendix C. —VI, I, a, b.) 3. To build, enlarge, alter, improve and repair school houses, outhouses and appurtenances as it may deem advisable upon lots and sites owned by the dis- trict. 4. To purchase, sell, exchange, improve and repair school apparatus, books for indigent pupils, furniture and appendages and provide fuel for schools. 5. To have the custody and safe keeping of the school houses, outhouses, books, furniture and appur- tenances, and to see that the ordinances of the city council in relation thereto are observed. |6. To contract with and employ all teachers in such schools and remove them at pleasure. 7. To pay the wages of such teachers out of the money appropriated and provided by law for the sup- port of common schools in such district, so far as the same shall be sufficient, and the residue thereof from the money authorized to be raised by this article. 8. To defray the necessary and contingent ex- penses of the board, including the compensation of the secretary. 9. To have in all respects the superintendence, supervision and management of the common schools of such district, and from time to time to adopt, alter, modify and repeal, as they may deem expedient, rules and regulations for their organization, grading, gov- ernment and instruction, for the reception of pupils and their transfer from one school to another, for the suspension and expulsion of pupils subject to the same restrictions as are contained in subdivision 11 of sec- tion 960, and generally for their good order, prosper- ity and utility. 10. To prepare and report to the city counsel of the city such ordinances and regulations as may be necessary and proper for the protection, safe-keeping, care and preservation of school houses, lots, and sites and appurtenances and all the property belonging to the district connected with or appertaining to the schools within the city limits, and to suggest proper penalties for the violation of such ordinances and reg- ulations, and annually, on or before the first Monday in July, to determine and certify to the county auditor the rate of taxation in its opinion necessary and pro- per to be levied under the provisions of this article for the vear commencing on the first day of July there- Buildings. Books and ap- paratus. Care of prop- erty. Teachers. Teachers wages. Expenses. Rules and reg- ulations. Prepare ordin- ances. Certify tax levy. STATE OF NORTH DAKOTA 131 Visitation. after, and also at any time to determine how many and what denomination of bonds shall be issued and sold to pay the extraordinary outlays required. Sec. 1011. VISITING SCHOOLS.— Each mem- ber of the board shall visit all the public schools in the district at least twice in each year of his ofificial term, and the board shall provide that each of the schools shall be visited by a committee of three or more of tneir number at least once during such term. Sec. 1012. NON-RESIDENT PUPILS.— Such board of education shall have power to allow the chil- dren not resident in such district, to attend the schools of such district under the control and care of such board, upon terms as the board shall prescribe, fixing the tuition which shall be paid therefor. ;Sec. 1013. EXPENDITURES NOT TO EX- CEED REVENUES.— It shall be the duty of the board in all its expenditures and contracts to have reference to the amount of money which shall be sub- ject to its order during the current year for the par- ticular expenditures in question and not to exceed that amount. Sec. 1014. TITLE TO PROPERTY OF DIS- TRICT. — The title to all property belonging to any such independent school district shall be vested in such district for the use of the schools, and the same while used and appropriated for school purposes shall not be levied upon or sold by virtue of any war- rant or execution or other process, nor be subject to any judgment or mechanic's lien or taxation for any purpose whatever ; and the district in its corporate capacity may take, hold and dispose of any real and personal property transferred to it by gift, grant, be- quest or devise for the use of common schools for the district, whether the same is transferred in terms to such district by its proper name or to any person or body for the use of such schools. Sec. 1015. REAL PROPERTY. TITLE, HOW CONVEYED. — Whenever any property is purchased by the board a conveyance thereof shall be taken in the name of such district ; and whenever any sale of such property is made by the board, a resolution in favor of such sale shall first be adopted and spread upon the records of the board, and the conveyance of such property shall be executed I'n the name of such district by the president of the board attested by the Non-resident pupils. Expenditures - — must be within rev- enues. Title to prop- erty — how vested. Not subject to lien. By gift and devise. Real estate — how conveyed. 132 GENERAL SCHOOL LAWS Treasurer — reports by. Contents of report. Ordinances- city council to pass. secretary vmder the seal thereof, and acknowledged by such officers, j Such president and secretary shall have authority to execute conveyances as aforesaid, with or without covenants of warranty on behalf of the district. Sec. 1016. REi^ORT OF CITY TREASURER. ^It shall be the duty of the city treasurer at least fif- teen days before the annual election for members of suclT board and as often as called upon by the board, to prepare and report to such board a true and cor- rect statement of the receipts and disbursements of moneys under and pursuant to the provisions of this article, during the preceding year, which statement shall set forth under appropriate head: 1. The money raised by the board under section 1003. 2. The school moneys received from the county treasurer. 3. The money received under section 1006. 4. All moneys received by the city treasurer, sub- ject to the order of the board, specifying the sources from which it accrued. '5. The manner in which all money has been ex- pended, specifying the amount under each head of expenditures and the board shall at least one week before such election, cause such statement to be pub- lished in all the newspapers of the city which will publish the same gratuitously. Sec. 1017. CITY COUNCIL TO PASS CER- TAIN ORDINANCES.— The city council shall have the power and it shall be its duty to pass such ordi- nances and regulations as the board of education may recommend as necessary for the protection, preservation, safe-keeping and care of the school houses, lots, sites, appurtenances, libraries and all necessary property belonging to or connected with the schools of the city, and to provide proper penal- ties for the violation thereof ; and all penalties shall be collected I'n the same manner that the penalties for violation of city ordinances are collected, and when collected shall be paid to the city treasurer, and placed to the credit of the board of education, and shall be subject to its order as herein provided. Sec. 1018. FORFEIT FOR REFUSAL TOl SERVE AS MEMBER OF BOARD.— It shall be the duty of the clerk of such board immediately after Penalties. Notice to member-elect of board. STATE OF NORTH DAKOTA 133 the election of any person as a member thereof, per- sonally or in writing, to notify him of his election, and if any person shall not within ten days after re- ceiving such notice of election, take and subscribe the oath as herein provided and file the same with the city auditor, the board may consider it as a refusal to serve, and fill the vacancy thus occasioned, and the person so refusing shall forfeit and pay to the city treasurer for the benefit of the schools of such district a penalty of fifty dollars, which may be re- covered in the name of such city, by a civil action. Sec. 1019. NEW DISTRICT TO ASSUME DEBTS OF OLD. — School districts created under the provisions of this article shall assume all obliga- tions and liabilities incurred by the districts out of which they are formed, if old districts are not divided, and a proportionate part, if divided. Penalty for re- fusal to act. Old debts to be assumed by district. Article 21. — Boards of Education Cities. IN Certain Sec. 1020. BOARDS TO BE ELECTED AT LARGE. — In each city not organized under the gen- eral law there shall be a board of education consisting of seven members having the qualifications of elect- Board elected ors who shall be elected at large by the electors of ^^ large— when, such city qualified to vote at school elections ; and, except as may be otherwise provided herein for the first election, two members of such board shall be elected annually and three triennially at a special elec- tion to be held on the Tuesday after the first Mon- day in June; provided, that the provisions of this article shall not apply to cities existing under a special act and which are now conducting their schools under the general school laws. Sec. 1021. TERM OF OFFICE.— The term of office of a member of the board of education, except as in this article otherwise provided, shall be three years and until his successor I's elected and qualified. Sec. 1022. ELECTIONS, HOW CONDUCTED. — All elections under the provisions of this article shall be called, conducted and the votes canvassed and returned in the manner provided by law for general city elections. Sec. 1023. RELATIVES NOT ELIGIBLE AS Relatives ineii- TEACHERS.— No son, wife or daughter of any g^'^ ^' ^^^^^- Office — term of Elections — conduct of. 134 GENERAL SCHOOL LAWS member of the school board shall be eligible to a posi- tion as a teacher in schools of the district which such member represents except upon the consent of all the members of such board. Sec. 1024. INDEPENDENT SCHOOL OR- GANIZATIONS UNDER SPECIAL LAWS ABOLISHED. — Any independent district organized for school purposes under a special law, which does not include or is not included in any city or incorporated town or village organized for municipal purposes, shall become a part of the school district in which it is located by the re- peal of the special law organizing or governing such Districts under independent district. Any independent district or- Iboiished^"^ ganized for school purposes under a special law or under any other law than is contained I'li this chapter, which includes or is included in any city or incorpor- ated town or village organized for municipal purposes, shall become a special district by the repeal of the spe- cial law organizing or governing such independent school district. Any school district or special dis- trict so constituted or constituted in part shall be gov- erned by the provisions of this chapter ; provided, that nothing herein shall prevent any such independ- ent district from coming under the operation of this chapter in the manner therein provided. Sec. 1025. OLD SCHOOL OFFICERS HOLD OVER. — The board of education or other governing board of such independent district shall continue to exercise the powers and duties devolving upon it un- der the provisions of such special or other law gov- erning such independent district, the same as though Officers of old sucli law had not been repealed, until the second Tues- dismct hold ^^y -^ j^^ly f,QiiQ-^ing the repeal of such special or other law ; provided, that all that portion of the gen- eral school laws which provides for an annual school election shall apply to such independent district and shall be in full force and effect for the purpose of electing school officers at such annual school election ; and such officers shall be elected in and for the whole school district, including the independent district or portion of such independent district located therein, or in and for the special district, the same as though no law had ever existed providing for the organiza- tion of such independent district ; provided, further, that in a special district formed and created as here- in provided, a full board of education shall be elected STATE OF NORTH DAKOTA 135 as provided by law for first elections, but m scl^pol districts formed and created as herein provided by the addition of such independent district or portion thereof, there shall be elected only such officers as are required to fill the regular vacancies in the school offices of such school district heretofore organized. Sec. 1026. DEBTS AND ASSETS DETER- MINED BY ARBITRATION.— When the bound- aries of such school district shall have been arranged as contemplated in this article, the determination and .division or consolidation of all debts, property and assets of the several portions of such district or dis- tricts so consolidated shall be made by arbitration as provided' by law. {See Sec. 864.) Equalization of debts and assets. Article 22. — Free Text Books. Sec. 1027. POWER OF BOARD OF EDUCA- TION. — The board of trustees or board of education of each and every school district in the state of North Dakota is hereby authorized and empowered to select adopt and contract for all books and supplies needful for the school or schools under its charge ; and the said board of trustees or board of education shall have power to purchase the text books and supplies selected or contracted for, and provide for the loan free of charge or sale at cost of such text books and supplies to the pupils in attendance at such school or schools ; provided, that no adoption or contract shall be for a period of less than three years nor more than five 3^ears ; during which time the text books so se- lected, adopted and contracted for shall not be changed ; provided, further, that before any publish- er or publishers shall enter or attempt to enter into any contract for the sale of text books, as hereinbe- fore provided, they shall file with the superintendent of public instruction of the state of North Dakota a list of their books and the lowest prices at or for which they will sell any or all of such books to any board of trustees or board of education in the state of North Dakota, and they, the said publishers, shall deposit with the superintendent of public instruction a sample copy of each book so listed, which shall rep- resent in style of binding, mechanical execution, gen- eral make-up and matter the book or books they ofifer to sell to the board of trustees at or for the prices so listed and in no case shall prices be raised above sai'd Free text books. No change within 3 years. Publishers to file price lists. And deposit sample — where. 136 GENERAL SCHOOL LAWS listed prices as filed. It shall be the duty of the sup- erintendent of public instruction to furnish a certified copy of the list of books and prices filed in accordance with the provisions of this section to the district clerk of each common school district in the state of North Dakota. .Sec. 1028. FREE TEXT BOOKS PROVIDED. WHEN. — Whenever in the judgment of the board it is desirable or necessary to the welfare of the schools in the district or to provide for the children . therein better school privileges, or whenever peti- rree books— tioued SO to do by two-thirds of the voters in the dis- vided. trict, the board shall provide free text books and sup- plies for all schools under its charge, in such ' man- ner as hereinbefore provided. All books purchased in accordance with the provisions of this article shall be paid for out of the school funds of the respective districts, and it shall be the duty of the school dis- tricts and school boards to see that sufficient funds are raised and set aside for the purpose of this arti- cle. The clerk of each district shall also keep a rec- ord of all books furnished to the schools in the dis- trict. Article 33. — ^Purchase of Flags for School Dis- tricts. Sec. 1029. UNITED STATES FLAG TO BE DISPLAYED. — The school board of any city, town fla^^'^^to be^^dls- ^^ district, is authorized and required to purchase at played— when, the cxpcnsc of the city, town or district one or more • flags of the United States, which shall be displayed in reasonable weather, upon the school houses or flagstafifs upon the school grounds during the school hours of each day's session of school, and a failure to Failure— pen- Comply with the provisions of this article on the part ^^^ °'^' of any board of education or district school board. shall be sufficient grounds for removal of members of such board from office. Library Commission. Chapter ij6 Session Lazvs of ipop. Sec. 1. COMMISSION CREATED.— There is members. °^ hereby created a state public library commission con- sisting of five members. STATE OF NORTH DAKOTA 137 Of whom composed. Governor ap- points two members. TerA of office. Sec. 2. ; COMMISSION, OF WHOM COM- POSED. — The state superintendent of public instruc- tion, the secretary of the state historical society and the president of the state library association are here- by constituted members, ex officio, of the said state library commission ; and the governor of the state shall appoint, as soon as practicable after the passage and approval of this act, two suitable persons within the state as members of the said state library commis- sion, which appointments shall be confirmed by the senate. The commission shall elect its own officers from among its own members and shall also have the power to select a competent person to have control of the work and who shall be known as the secretary of the library commission and director of library exten- sion. Sec. 3. TERM OF OFFICE OF APPOINTED MEMBERS. — The members appointed by the gov- ernor shall hold office as follows : One for four years from April 1, 1909, and one for six years from April 1, 1909, and until their successors are appointed and qualified. Appointments made thereafter shall be for the full term of six years each ; provided, that in case of appointment to fill a vacancy caused by res- ignation, death or removal, the appointment shall be made for the unexpired term of the member whose death, resignation or removal caused the vacancy. Sec. 4. EXPENSES OF MEMBERS AL- LOWED. — No member of said state library commis- sion shall ever receive any salary or per diem or com- pensation of any kind for services as membe'rs of such Expenses commission. Members of the state library commis- sion shall be allowed and paid necessary -traveling ex- penses in attending meetings of the commission or in visiting or establishing libraries, and other incidental and necessary expenses connected with the work of the commission. Sec. 5. DUTIES. — The state library commission on and after its creation and organization, shall take over and add to the educational reference library and the system of traveling libraries, and shall continue the same, and, as its funds permit, shall increase the number and usefulness of the libraries. Any city, town, village, school district or community within the state of North Dakota may borrow books under the rules and regulations of the state library commission. Duties. 138 GENERAL SCHOOL LAWS Librarian to as- sist in the es- tablishment of libraries. Report. The commission shall catalogue and otherwise pre- pare said books for circulation and shall make rules and regulations according to which the business of the commission shall be done; and also such rules and regulations as shall insure the care, preservation and safe return of all books loaned. ' The state li- brary commission shall have the power and it shall be its duty to establish a legislative reference bureau for the information and assistance of the members of the legislative assembly in the work of legislation. The legislation of other states and information upon legal and economic questions shall be classified and catalogued in such a way as to render the same easy of access to members, thereby enabling them better to prepare for their work. It shall be the duty of the legislative librarian to assist in every way pos- sible the members of the legislative assembly in ob- taining information and in the preparation of bills. Sec. 6. COMMISSION GIVES ADVICE AND AID. — The librarian or trustees of any free public library or the trustees of any village, town or com- munity, entitled to borrow books from said traveling libraries may, without charge, ask and receive advice and instruction from said library commission upon any matter pertaining to the organization, mainten- ance or administration of the libraries, and said com- mission shall, as far as possible, promote and assist by counsel and encouragement, the formation of librar- ies where none exist, and the commission may also send its members to aid in organizing new libraries or improving those already established. Sec. 7. STATISTICS KEPT. PUBLISH REPORT. — The state library commission shall keep statistics of the free public libraries of North Da- kota and a record of the work done and books loaned by said commission, and shall make a full report to each general session of the legislature of all expendi- tures by the commission, and of such statistics and records as shall show the work done by the commis- sion, the use made of the traveling libraries, and of all other matters which they deem expedient for the in- formation of the legislature, and the printing of which, and all other printing coming within the pur- view of the library commission, shall be paid for out ^of the general printing fund of the state. STATE OF NORTH DAKOTA 139 Office room to be provided. Sec. 8. OFFICES PROVIDED.— There shall be provided in the capitol building adequate ofifice room, to be furnished in the same manner as other offices therein are furnished, for the state library commission, with such suitable quarters as may be necessary for the proper shelving of the educational reference library, the books of the traveling librar- ies and the legislative reference collection. Sec. 9. APPROPRIATION.— There is hereby appropriated for the use and purposes of the state library commission any unexpended balances in the funds appropriated for the educational reference li- Appropriation. brary and traveling libraries, and also an annual ap- propriation of seven thousand eight hundred dollars out of any moneys in the state treasury not otherwise appropriated. Sec. 10. REPEAL. — All acts or parts of acts I'n conflict with the provisions of this act are hereby re- pealed, especially any acts or parts of acts carrying any appropriations for the so-called educational ref- erence library and traveling libraries. Repeal. Article 25. — High School Board. Sec. 1031. HIGH SCHOOL BOARD.— The governor, superintendent of public instruction and president of the state university are hereby consti- tuted a board of commissioners on preparatory schools for the encouragement of higher education in the state. Said board shall be called the "High School Board," and shall perform the duties and have and exercise the powers hereinafter mentioned. Sec. 1032. SCHOOLS CLASSIFIED.— Any public graded school in any city or incorporated vil- lage or township, organized into a district, under the township or district system, which shall give instruc- tion according to the terms an9 provisions of this ar- ticle and shall admit students of either sex from any part of the state without charge for tuition, shall be entitled to be classified as a state high school and to receive pecuniary aid as hereinafter specified ; provid- ed, however, that no such school shall be required to admit non-resident pupils unless they *pass an exam- ination in orthography, reading in English, penman- ship, arithmetic, grammar, modern geography and the history of the United States. High school board — of whom com- posed. State high school — what Examination for admission into. 140 GENERAL SCHOOL LAWS Sec. 1033. REQUIREMENTS FOR CLASSI- FICATION.— The said board shall receive of the schools applying for such pecuniary aid as prerequi- site to receiving such aid, compliance with the fol- lowing conditions, to-wit : 1. That there be regular and orderly courses of study, embracing all the branches prescribed by the said board for the first two years of the high school course. 2. That the said school receiving pecuniary aid under this article shall at all times permit the said board of commissioners, or any of them, to visit and examine the classes pursuing the said preparatory courses. Condit'ons up- on which state aid is granted. Course of study. Visitation. State aid to ap- proved schools. Amount of aid. Sec. 1034. ( Amended.) SCHOOLS VISITED ONCE EACH YEAR. WHAT SCHOOLS TO RECEIVE STATE AID. APPROPRIATION.— The high school board shall cause each school re- ceiving aid under this article to be visited at least once each year, by a committee of one or more mem- bers, or by some person designated by the high school board, who shall carefully inspect the instruction and discipline of the preparatory classes and make a writ- ten report on the same immediately; provided, that no money shall be paid in any case until after such report shall have been received and examined by the board and the work of the school approved by the board. The said board shall receive applications from such schools for aid as hereinafter provided, which applications shall be received and acted upon in order of their reception. The said board shall apportion to each of said schools, which shall have fully com- plied with the provisions of this article, and whose application shall have been approved by the board, the following sums, to-wit : Eight hundred dollars each year to each school maintaining a four years' high school course and doing four years' high school work. The sum of five hundred dollars each year to each school having a three years' high school course and doing three years' high school work. The sum of three hundred dollars each year to each school having a two years' high school course and doing two -years' high school work; provided, that the moneys so ap- propriated to any high school shall be used to increase the efficiency of the high school work; provided, that not more than forty per cent of the money appropriat- STATE OF NORTH DAKOTA 141 Appropriation. ed must be used in any one year for libraries, labora- tories and other apparatus and equipment; provided, further, that the total amount of apportionment and exipenses under this article shall not exceed forty-five thousand dollars in one year. The sum of forty-five thousand dollars is hereby appropriated annually for the purposes of this article, to be paid out of any mon- eys in the state treasury, not otherwise appropriated, which amount, or so much thereof as may be neces- sary, shall be paid upon the itemized vouchers of said board, duly certified and filed with the state aud- itor; provided, however, that in case the amount ap- propriated and available under this article for the pay- ment of aid to such schools shall in any year be in- sufficient to apportion each of such schools as are en- titled thereto the full amount intended to be appor- tioned to the high schools of the various classes^ then, in such case such amount as is apportioned and avail- able shall be apportioned pro rata among the schools entitled thereto. Sec. 1035. NO COMPENSATION. EXPENS- ES. — The members of the board shall serve without compensation, but the actual and necessary expenses of the board, any clerical officer of the board, or an examiner shall be paid in the same manner as those of state officers ; provided, that the total expense, in- cluding the apportionment to the schools aforesaid shall not exceed forty-five thousand dollars in any one year. Sec. 1036. (Amended.) DISCRETIONARY POWERS. ASSISTANT EXAMINER.— The high school board shall have full discretionary power to consider and act upon applications of schools for state aid and to prescribe conditions upon which said aid shall be granted, and it shall be its duty to accept and aid such schools only as will, in its opinion, if aid- ed, efficiently perform the service contemplated by law ; but in each county five schools complying with the prescribed conditions shall have a right to aid from this appropriation before aid may be granted to a sixth school in any county. Any school once accept- ed and continuing to comply with the law and reg- ulations of the board made in pursuance thereof shall be aided not less than three years. The board shall have power to establish any necessary and suitable Funds pro- rata if appro- priation insuf- ficient. Actual ex- penses only, to board. Appropriation limited. Discretion of board. Three schools. Rules and regulations. 142 GENERAL SCHOOL LAWS rules and regulations relating to examinations, re- Assistant exam- ports, acceptance and classification of schools, courses of study and other proceedings under tnis article. Any assistant examiner appointed by the high school board as authorized by law shall be entitled to receive such compensation as the board may allow, not exceeding three dollars per day ; provided, that no such compen- sation shall be paid to any person receiving a salary from the state or from any state institution. No compensa- tion — to whom. Records and reports. Water closets Duties of school officers thereto. Expenses. Stables. Sec. 1037. SHALL KEEP RECORD.— The said board shall keep a record of all the proceedings and shall make on or before the first day of December in each year, a report, covering the previous school year, to the superintendent of public instruction, showing in detail all receipts and disbursements, the names and number of schools receiving aid, the number of pupils attending the classes in each, to which report they may add such recommendations as they may deem useful and proper. Article 26. — Health and Decency in Public Schools. Sec. 1038. DUTY OF BOARDS OF EDUCA- TION. — It shall be the duty of all boards of educa- tion and district school boards in this state to provide suitable and convenient water closets or privies for each of the schools under their charge, at least two in number, which shall be entirely separate each from the other, and having separate means of access ; and it shall be the duty of the school officers aforesaid to keep the same in a clean, chaste and wholesome con- dition ; and a failure to comply with the provisions of this article on the part of any board of education or district school board, shall be sufficient grounds for removal from office and for withholding from any district any part of the public moneys of the state. The expense incurred by the officers aforesaid in carrying out the requirements of this article shall be a charge upon the district, when such expense shall have been approved by the county superintendent of schools of the county within which the school district is lo- cated and a tax may be levied therefor without a vote of the district. Sec. 1039. STABLES IN RURAL DISTRICTS. HITCHING POSTS.— If in any rural school district, STATE OF NORTH DAKOTA 143 a petition signed by the persons charged with the sup- port and having the custody and care of eight or more children of school age is presented to the school board asking for the building of a suitable stable upon the school site, the board shall provide such stable with- out unnecessary delay. It shall be the duty of the school board in rural districts to provide four substan- Hitching posts, tial hitching posts for each school site in the district. Pool Rooms. {Chapter i^o Session Lazvs of ipop.) Sec. 1. {Amendment.) Chapter 128 of the laws of 1907, being an amendment of section 8983 of the revised codes of North Dakota, 1905, be and the same is hereby amended and re-enacted to read as follows: Sec. 8983. MINORS NOT ALLOWED IN CERTAIN PUBLIC PLACES. PENALTY.— It shall be unlawful for any owner or keeper of any pool or billiard hall, or any bowling alley or any temper- ance saloon, or any place under any name whatever where the games of pool, billiards, bowling or cards are played, to allow any person under the age of eighteen years or any person attending a local high school to either play any of the games mentioned or to be employed in said places or be allowed to visit said places, unless accompanied by parent or guar- dian. Any person found guilty of violating this sec- tion shall be punished by a fine of not less than five dollars or more than fifty dollars, or by imprisonment in the county jail not to exceed thirty days, or both such fine and imprisonment. Sec. 2. All acts or parts of acts in conflict here- with are hereby repealed. Bonds of Brightwood School District Author- ized. {Chapter 20 j Session Lazvs of iQop.) Sec. 1. {Amendment.) Section eighteen of a bill for an act to create certain territory now within the school township of Brightwood, Richland county, D. T., as an independent school district, to be known as Brightwood Independent District Number One, Richland county. North Dakota, passed February 16, 1885, be and the same is hereby amended to read as follows : Minors not to enter. 144 GENERAL SCHOOL LAWS Sec. 18. MAY ISSUE BONDS.— The board of education of said district are authorized and empow- ered, and it shall be their duty, whenever the said board shall deem it necessary in order to an efficient organization and establishment of schools m said district, and when the taxes authorized by this act — shall not be sufficient, or shall be deemed by the said board burdensome upon the taxpayers of said district, from time to time to issue bonds of said district, in Brightwood dis- the denominations of not less than one hundred dol- bonds.™^^ *^^"^ lars, payable in not less than ten years after date, and bearing interest at the rate of not to exceed eight per cent per annum, payable annually on the first day of July, and upon their face to show they are issued for school purposes, and cause the same to be sold and negotiated at not less than par value; and the money realized therefrom deposited with the 'district treas- urer to the credit of the said board of education ; and when any bonds shall be so negotiated it shall be the duty of the said board of education of said district to provide by tax for the payment of the principal and interest of said bonds; provided, ~ however, that at no time shall the aggregate amount of bonds issued un- der the provisions of this act exceed fifty mills on the dollar of the assessed valuation of the property of said district. Municipal Refunding Bonds, (Chapte'r ^4, Lazvs of 190^.) Sec. 2992. WHAT CORPORATION MAY IS- SUE. — Each incorporated town or village, school dis- trict or township in this state, that has heretofore issued, or shall hereafter issue bonds, purporting to have been issued for any purpose authorized by law, School districts which bonds have been actually sold and delivered to may refund purchasers for value, so that the same constitute a valid and existing indebtedness, may at any time after maturity or before maturity, with the consent of the holder, and while said bonds are a valid and existing indebtedness against such town or village, school dis- trict or township, refund the same and issue and nego- tiate new bonds for the amount of such indebtedness or any part thereof. Sec. 2993. AUTHORITY FOR ISSUE.— The necessity for issuing and negotiating bonds under the provisions of this act shall be determined as follows : STATE OF NORTH DAKOTA 145 In case of incorporated towns or villages, by the board of trustees. In case of school districts, by the board of school directors. In case of townships, by the board of supervisors. Sec. 2994. BONDS, HOW ISSUED.— When in the judgment of the board of any of the municipal corporations herein enumerated, it shall be deemed to be to the best interests of such municipal corporations to issue its negotiable bonds in the name of such cor- poration for the purpose of refunding or paying the outstanding bonded indebtedness of such corporation, as enumerated in section 2992, refunding bonds may be issued by resolutions duly and legally passed at a regular or special meeting of such board. Such bonds may be signed the same as the bonds refunded or by such officers of the municipal corporation issu- ing the same as may be designated in the resolutions providing for their issuance. Such bonds shall be made payable in not less than five and not more than twenty years from the date of their issue, and shall not draw a higher rate of interest than the bonds re- funded. Such bonds shall be in such denominations as shall be designated in the resolutions authorizing their issuance, shall bear the date of their issue and date of maturit}'' and shall recite on their face that they are issued under and by authority of this act, and shall be payable to the purchaser or bearer, and shall have interest coupons attached to each bond representing interest payment. Sec. 2995. BONDS MAY BE EXCHANGED OR SOLD. — Said bonds may be exchanged at par for an equal amount of the old bonds of said munici- pal corporation with the holder of said indebtedness, or may be sold by the board at not less than their par value and the proceeds applied solely to the payment of the indebtedness for which they are issued. Sec. 2996. BONDS TO BE REGISTERED BY THE TREASURER.— A record of each and every bond issue under this act shall be kept by the treasurer of the municipal corporation issuing the same, show- ing the number of each bond, its date, amount, rate of interest, date due, where payable and to whom sold. Sec. 2997. TAX TO BE LEVIED.— The reso- lutions authorizing the issuance of such bonds shall provide for the levy and collection of an annual tax Necessity de- termined by school board. School boards may issue. Proceeds used only for pur- pose for which issued. Treasurer to keep register. -10- 146 GENERAL SCHOOL LAWS sufficient to pay the interest and principal of such bonds, as provided by section 184 of the constitution, and tlie fund arising from such tax levy shall be kept by the treasurer of such corporation in a special fund to be used solely for the payment of the interest and principal of such bonds. Sinking fund. Issue limited. Negotiable. Sec. 2998. LIMIT OF ISSUE.— No more of such bonds shall be issued than are necessary for the purpose of paying the outstanding bonds of the mu- nicipal corporation issuing the same, as stated in sec- tion 2992, after applying the cash in the treasury available for the payment of the said maturing bonds, and no bonds issued under authority of this act shall be issued or negotiated for less than their par value. .Sec. 2999. BONDS NEGOTIABLE, WHEN.— Bonds issued in substantial conformity with the pro- visions of this act, shall in the law be deemed nego- tiable. University established at Grand Forks. Governed by board of trus- tees. Wm. Budge, life member. Term. Trustees ap- pointed by Governor. CHAPTER 10 EDUCATIONAL AND CHARITABLE INSTI- TUTIONS. Article 1. — University of North Dakota. ■ Sec. 1040. UNIVERSITY, WHERE LOCATED. — The university of North Dakota as now established and located at the city of Grand Forks shall continue to be the university of the state. {Sec. 21^, sub. 2.) (Sec. 1041. BOARD OF TRUSTEES TO GOV- ERN. — The government of such university shall be vested in a board of trustees consisting of five mem- bers, of which the Hon. William Budge, for and dur- ing his good pleasure, as an honorary member with all rights and powers of a member of said board, shall be one of said board ; the remaining members thereof to be appointed by the governor, by and with the ad- vice and consent of the senate, and shall hold their offices for the term of four years commencing on the first Tuesday in April next succeeding their appoint- ment. Sec. 1042. GOVERNOR TO NOMINATE. VACANCIES, HOW FILLED.— The governor shall nominate and, by and with the advice and con- sent of the senate, appoint during each regular session STATE OF NORTH DAKOTA 147 of the legislative assembly trustees of such university in the place of those whose terms shall thereafter first expire, and such trustees shall hold their office until their successors are appointed and qualified ; provided, that the governor shall fill any vacancy in such board by appointment to extend only until the first Tuesday in April succeeding the next regular session of the legislative assembly ; and provided further, that the governor shall during the next regular session nomin- ate and, by and with the advice and consent of the senate, appoint some person to fill such vacancy for the remainder of the term unexpired. Not more than two members of the board shall be appointed from the same countv. Sec. 1043. POWERS AND DUTIES OF BOARD. — The board of trustees shall possess all the powers necessary to accomplish the objects artd perform the duties prescribed by law, and shall have the custody of the books, records, buildings and all other property of such university. The board shall elect a president and a secretary who shall perform such duties as may be prescribed by the by-laws of the board. The sec- retary shall keep a correct record of all transactions of the board, and the committees thereof, and in ad- dition to performing the duties of secretary, he shall be the superintendent of the buildings and grounds of the university and discharge such other duties as may from time to time be prescribed by the board of trus- tees. (See Sec. 1046.) Sec. 1044. MEETINGS OF THE BOARD.— The time for the election of the president and secre- tary of such board and the duration of their respective terms of office, the time for holding the regular annual meeting, and such other meetings as may be required, and the manner of giving notice of the same shall be determined by the board. Four members shall con- stitute a quorum for the transaction of business, but a less number may. adjourn from time to time. Sec. 1045. NUMBER OF MEETINGS LIM- ITED. — Such board shall not hold more than twelve sessions I'n any year and such sessions shall not ex- ceed twenty- four days in the aggregate ; but the gov- ernor may in his discretion authorize additional ses- ions. Sec. 1046. GOVERNMENT OF UNIVERSITY. POWERS OF TRUSTEES.— The board of trustees Vacancies — how filled. Trustees from same county. Powers of board. Officers and records. Secretary to be superinten- dent of build- ings and grounds. Meetings. Ouorvim. Limitation on meetings. 148 GENERAL SCHOOL LAWS shall adopt rules for the government of the university in all its branches ; elect a president and the requisite number of professors, instructors, officers and em- ployes, fix the salaries and the terms of office of each and determine the moral and educational qualifica- tions of applicants for admission to the various courses of instruction ; but no instruction, either sec- tarian in religion or partisan in politics shall ever be allowed in any department of the university, and no sectarian or partisan test shall ever be allowed or ex- ercised in the appointment of trustees, or in the elec- tion of professors, teachers or other officers of the university, or in the admission of students thereto or for any purpose whatever. Such board shall have power to remove the president, or any professor, in- structor or officer of the university when in its judg- ment the interests of the university require it. The board may prescribe rules and regulations for the management of the library, cabinets, museum, labor- atories and all other property of the university and of its several departments, and for the care and preser- vation thereof, with suitable penalties and forfeitures by way of damages for their violation, which may be sued for and collected in the name of the board before any court having jurisdiction. Sec. 1049- BOARD MAY EXPEND INCOME. — The board is authorized to expend such portion of the income of the university fund as it may deem ex- pedient for the erection of suitable buildings and the purchase of apparatus, a library, cabinets and addi- tions thereto ; and if deemed expedient, it may unite with the university as a branch thereof any college in the state, upon aipplication of its board of trustees ; and such college so received shall become a branch of the university and be subject to visitation by the trus- tees. Trustees elect faculty. Instruction to be non-sectar- ian and non- partisan. Removal of pro- fessors. Rules and regulations for manage- ment of prop- erty. Erection of buildings. Purchase of apparatus. Unite with other colleges. Board to re- port to gover- nor — what and when. Sec. 1048. BOARD TO MAKE REPORT, WHEN. — At the close of each fiscal year the trustees through their president shall make a report in detail to the governor, exhibiting the progress, condition and wants of each of the colleges embraced in the univer- sity, the course of study in each, the number of pro- fessors and students, the amount of receipts and dis- bursements, together with the nature, cost and results of all important investigations and experiments and such other information as they may deem important, STATE OF NORTH DAKOTA 149 Distribution reports. of President of university — powers. one copy of which shall be transmitted free by the governor to each college endowed under the provi- sions of the act of congress entitled "An act donating land to the several states and territories which provide colleges for the benefit of agriculture and mechanic arts," approved July 2, 1863, and also one copy to the secretary of the interior. (See Sec. i6o8.) Sec. 1049. POWERS OF THE PRESIDENT AND FACULTY. — The president of the university shall be president of the several faculties and the exe- cutive head of the instructional force in all its depart- ments ; as such, he shall have authority, subject to the power of the board of trustees to give general direc- tions respecting the instruction and scientific investi- gation of the several colleges, and so long as the in- terests of the institution require it he shall be charged with the duties of one of the professorships. The immediate government of the several colleges shall be intrusted to their respective faculties, but the trustees shall have the power to regulate the course of instruc- tion and prescribe the books or works to be used in the several courses, and also confer such degrees and grant such diplomas as are usual in universities, or as they shall deem appropriate, and to confer upon the faculty, by by-laws the power to suspend or expel stu- dents for misconduct or other causes prescribed in such bv-laws. Faculties — powers. Sec. 1050. OBJECT AND DEPARTMENTS OF THE UNIVERSITY.— The object of the uni- versity shall be to provide the means of acquiring a thorough knowledge of . the various branches of learning connected with scientific, industrial and pro- fessional pursuits, m the instruction and training of persons in the theory and art of teaching, and also in- struction in the fundamental laws of this state and of the United States in regard to the ris^hts and duties of citizens, and to this end it shall consist of the follow- ing branches or departments. 1. The college or department of arts. 2. The college or department of letters. 3. The teachers' college. 4. The school of mines, the object of which shall be to furnish facilities for the education of ^uch per- sons as may desire to receive instructions in chemis- try, metallurgy, mineralogy, geology, mining, milling and engineering. Object of versity. Departments: Arts. Letters. Normal. Mines. 150 GENERAL SCHOOL LAWS Military. 5. The military department or school, the object of which shall be to instruct and train students in the manual of arms and such military maneuvers and tac- tics as are taught in military colleges. 6. Such professional or other colleges or depart- ments as now are or may from time to time be added thereto, or connected therewith, and the board of trus- tees is hereby authorized to establish such profession- al and other colleges or departments as in its judg- ment may be deemed necessary and proper, but no money shall be expende'd by the board in estabhshing and organizing any of the additional colleges or de- partments provided for in this section, until an appro- priation therefor shall have first been made. Professional Departments. Courses o£ Instruction — What to em- brace. Scandinavian language. Open to both sexes. Sec. 1051. COURSES OF INSTRUCTION.— The college or department of arts shall embrace courses of instruction in mathematical, physical and natural sciences, with their application to industrial arts such as agriculture, mechanics, engineering, min- ing, and metallurgy, manufactures, architecture and commerce and such branches included in the college of letters as shall be necessary properly to fit the pupils in the scientific and practical courses for their chosen pursuits, and in military tactics. In the normal de- partment the proper instruction and learning in the theory and art of teaching and in all the various branches and subjects needful to qualify for teaching in the common schools ; and as soon as the income of the university will allow, in such order as the wants of the public shall seem to require, the courses of sci- ences and their application to the practical arts shall be expanded into distinct colleges of the university, each with its own faculty and appropriate title. • The college of letters shall be co-existent with the college of arts and shall embrace a liberal course of instruc- tion in languages, literature and philosophy, together with such courses or parts of courses in the college of arts as the trustees shall prescribe. Sec. 1052. SCANDINAVIAN LANGUAGE TAUGHT.— It shall be the duty of the trustees to cause to be taught at said institution the Scandinavian language, and for that purpose shall employ as one of the teachers of such institution a professor learned in that language. Sec. 1053. PUPILS, WHO MAY BECOME. — The university shall be open to students of both STATE OF NORTH DAKOTA 151 sexes under such regulations and restrictions as the board of trustees may deem proper, and all able bodied male students of the university may receive instruc- tion and discipline in military tactics, the requisite arms for which shall be furnished by the state. jSec 1054. GRADUATES ENTITLED TO CERTIFICATES TO TEACH.— After any person has graduated at the university, and after such grad- uation has successfully taught a public school m this state for sixteen months, the superintendent of public instruction shall have authority and it shall be his duty to countersign the diploma of such teacher if upon ex- amination he is satisfied that such person has a good moral character and is possessed of sufficient learn- ing and abilitv to teach. Any person holding a di- ploma granted bv the board of trustees of such uni- versity, certifving that the person holding the sanie has graduated from such university, shall after his diploma has been countersigned by the superintendent of public instruction as aforesaid, be deemed qualified to teach any of the public schools in the state, and such diploma shall be a certificate of such qualifica- tion until annulled by the superintendent of public instruction. Sec. 1055. TUITION FEES.— No student who shall have been a resident of the state for one year next preceding his admission shall be required to pay any fees for tuition in the university, except in the law department and for extra studies. The trustees may prescribe rates of tuition for any pupil in the law department, or who is not a resident as aforesaid, and for teaching extra studies. Sec. 1056. COMPENSATION OF TRUSTEES. — Tne trustees shall be entitled to receive the sum of three dollars per day for each day employed in attend- ance upon sessions of the board and all traveling ex- penses necessarily incurred thereby. Upon the presentation of the proper vouchers containing an itemized statement of the number of days attendance and monev actually expended as above specified, duly verified by the oath of the trustee and certified by the • president and secretary of the board, the state auditor shall audit such claim and draw his warrant upon the state treasurer for the amount allowed. Sec. 1057. TRUSTEES TO MAKE RULES AND BY-LAWS.— The board of trustees shall make Diploma to be indorsed by state sulperin- tendent — when ; effect of such in- dorsement. Revocation. Tuition — who to pay and for what. Trustees- compensation of. Trustees to prescribe rules of government. 152 GENERAL SCHOOL LAWS Examinations for admission. Normal stu- dents to file declaration of intention to teach. Salaries of teaching force — trustees to fix and certify. rules, regulations and by-laws for the government and management of the university and of each de- partment thereof. It shall also prescribe rules, regu- lations and by-laws for the admission of students ; but each applicant for admission must undergo an exam- ination to be prescribed by the board, and shall be re- jected if it shall appear that he is not of good moral character. The board shall also require each appli- cant for admission in the normal department, other than such as shall, prior to admission, sign and file with such board a declaration of intention to follow the business of teaching in the common schools of this state for at least one year, to pay such fees for tuition as the board may deem proper and reasonable. iSec. 1058. SALARIES.— The board of trustees shall from time to time fix the salary of the president, professors and teachers of such university, and shall certify the same to the state auditor. Such board shall also from time to time certify to the state aud- itor the amount due such persons for salary, and the state auditor shall draw his warrants upon the state treasurer for the amounts so certified. Sec. 1059. SECRETARY OF STATE TO FUR- NISH LAWS.— The secretary of state shall deliver to the university fifty copies of each volume of the general and special laws of the state, and the reports of the decisions of the supreme court, hereafter pub- lished, for use in the way of exchanges and otherwise in the establishment and maintenance of a law library for the law department of such university. Sec. 1060. SUPREME COURT 'REPORTS, HOW OBTAINED.— He shall procure for the pur- pose aforesaid from the publishers of the supreme court reports fifty copies of each volume thereof hereafter published, in addition to the number author- ized for other purposes, to be paid for at the same price and in the same manner as such reports are de- livered to the secretary for other purposes. Sec. 1061. LOAN OF MUSKETS AUTHOR- IZED. — ^The adjutant general or whoever may be in charge of the state arms shall, under the direction of the governor, loan to the board of trustees of such university one hundred muskets and accoutrements or as many as can be spared, not exceeding that number, the same to be used for drill purposes, by the students of such universitv. Official publi- cations to be furnished. Reports of supreme court. Loan of mus- kets , etc. STATE OF NORTH DAKOTA 153 'Sec. 1062. MUSKETS, WHEN RETURNED. — In case such arms and accoutrements are needed •by the state at any time, the governor or adjutant general under his instruction may call in the same and the trustees of such university shall immediately turn the same over to such officer in good condition. Sec. 1063. GEOLOGICAL SURVEY. DUTY OF TRUSTEES.— It shall be the duty of the board of trustees of the university to cause to be begun as soon as may be practicable, and to carry on a thorough geological and natural history survey of the state. Sec. 1064. EXTENT OF THE SURVEY.— The geological survey shall be carried on with a view to a complete account of the mineral kingdom, as repre- sented in the state, including the number, order, dip and magnitude of the several geological strata, their richness in ores, coals, clays, peats, salines and min- eral waters, marls, cements, building stones and other useful materials, the value of said subsaehces for economical purposes and their accessibility ; also an accurate chemical analysis of the various rocks, soils, ores, clays, peats, marls and other mineral substances of which a complete and exact record siiau be made. Sec. 1065. METEOROLOGICAL STATISTICS TABULATED.— The board of trustees shall also cause to be collected and tabulated such meteorologi- cal statistics as may be needed to account for the va- rieties of climate in the various parts of the state ; also to cause to be ascertained by barometrical observations or other appropriate means, the relative elevations and depressions of the different parts of the state ; and also on or before the completing of such surveys to cause to be compiled from such actual surveys and measurements as may be necessary an accurate map of the state ; which map when approved by the gover- nor shall be the official map of the state. Sec. 1066. SPECIMENS COLLECTED.— It shall be the duty of said board to cause proper speci- ments, skilfully prepared, secured and labeled of all rocks, soils, ores, coals, fossils, cements, building stones, plants, woods, skins and skeletons of animals, birds, insects and fishes, and other mineral, vegetable and animal substances and organisms discovered or examined in the course of said surveys, to be pre- served for public inspection free of cost, in the uni- versity of North Dakota, I'n rooms convenient of ac- Same to be re- turned when needed by the state. Geological and natural history survey. Extent of such survey. Analysis of minerals. Weather re- ports. Official map. Museum to be maintained. 154 GENERAL SCHOOL LAWS Geological map, cess and properly warmed, lighted, ventilated and fur- nished, and in the charge of a proper scientific cura- tor; and they shall, also, whenever the same may be practicable, cause duplicates in reasonable numbers and quantities of the above named specimens, to be collected and preserved for the purpose of exchange with other state universities and scientific institutions, of which latter the Smithsonian institution at Wash- ington shall have the preference. Sec. 1067. ' MAP OF THE STATE.— The board shall cause a geological map of the state to be made as soon as may be practicable, upon which by colors and other appropriate means and devices the various geological formations shall be represented. Sec. 1068. ANNUAL REPORT OF TRUS- TEES. — It shall be the duty of the board, through its president, to make on or before the second Tues- day in December of each year, a report showing the progress of said surveys, accompanied by such maps, drawings and specifications as may be necessary and proper to exemplify the Same to the governor, who shall lay the same before the legislative assembly, and the board upon the completion of any separate portion of any of the said surveys shall cause to be prepared a memoir or final report which shall embody in a con- venient manner all useful and important information accumulated in the course of the investigation of the particular department or portion ; which report or me- moir shall likewise be communicated through the gov- ernor to the legislative assembly. Sec. 1069. STATE GEOLOGIST.— The profes- sor of geology in the university shall be ex-officio state geologist. Annual report as to surveys. Governor's duty with ref- erence thereto. State geologist — who. Geological sur- vey — appro- priation for. Maintenance — appropriation — state univer- sity. Sec. 1070. APPROPRIATION FOR EXPENS^ ES. GEOLOGICAL SURVEY.— There is hereby aippropriated out of any funds in the state treasury, not otherwise appropriated, the sum of one thousand dollars annually, to meet the necessary expenses con- nected with the geological survey of the state, as pro- vided for in sections 1063 and 1064. Sec. 1071. ANNUAL APPROPRIATION FOR MAINTENANCE.— For the year 1899 and for each year thereafter there I's hereby appropriated out of any moneys in the state treasury, not otherwise ap- propriated, the sum of two-fifths of a mill upon the STATE OF NORTH DAKOTA 155 May lease por- tion of campus. dollar of the assessed valuation of the property as- sessment of the state of North Dakota, as fixed by the state board of equalization for the preceding year, the same to be paid monthly to the board of trustees of the university of North Dakota upon the voucher of said board, signed by its president. Leasing Portion of Campus. {Chapter IC/ Session Laius of ipop.) Sec. 1. POWER TO LEASE GRANTED.— The board of trustees or directors of the state uni- versity and school of mines, the state agricultural col- lege, the state industrial school, the North Dakota academy of science, the state school of forestry and the various state normal schools and such other state institutions of learning of the state of North Dakota as may hereafter be established, shall have power to grant leases of land of portions of the campuses of said institutions to student and graduate student or^ ganizations for the purpose of erecting and maintain- ing thereon student clubhouses or dormitories; pro- vided, that said organizations shall first have incor- porated under the laws of the state of North Dakota and shall have submitted to the board of trustees or directors plans and specifications of the building pro- posed to be erected thereon ; and, provided, further, that in relation to the conduct and behavior of said organizations and their members in and about said premises and the use to be made of such buildings and premises said organizations and their members shall, in each instance, be subject to the management and control of the board of trustees or directors, and the faculty of the institution upon whose lands said lease is granted. Such premises and improvements there- on shall at all times remain under the absolute and ex- clusive control of the state, and the state or the board of trustees or directors of the institution upon whose lands such lease shall be granted may at any time re- voke the same, and any such lease as may have been granted by any such board to any such organization for such purpose prior to the passage of this act is hereby legalized and must be considered as binding on the parties thereto, in so far as the same shall be I'n accordance with the provisions of this act and the constitution of this state. Lease may be revoked. 156 GENERAL SCHOOL LAWS Normal schools — where located. How main- tained. Article 2. — Normal Schools. Sec. 1074. NORMAL SCHOOLS LOCATED. — The normal school as established and located at the city of Mayville in the county of Traill, and the nor- mal school as established and located at the city of Valley City in the county of Barnes, shall continue to be the normal schools of the state. {:>ee Const. Sec. 21 5, sub. 4 and /.) Sec. 1075. ENDOWMENT AND MAINTEN- ANCE. — All proceeds accumulating in the interest and income fund arising from the sale or rental of the lands granted or hereafter to be granted by the state of North Dakota for such normal schools, are hereby pledged for the establishment and maintenance of such schools. Sec. 1076. MANAGEMENT OF.— The govern- ment and management of such schools are vested in a board of trustees to be known as the board of trus- tees of the state normal schools, and in a board of management for each school to be known as the board of management of the normal school at Mayville, and the board of management of the normal school at Val- ley City respectively. Sec. 1077. BOARDS, HOW CONSTITUTED. — The board of management for each normal school shall consist of five members. The board of trus- tees of such normal school shall consist of twelve members, ten of whom shall be members of the re- spective boards of management as herein provided. The governor and superintendent of public instruction shall be ex-officio members of such board of trustees and the superintendent of public instruction shall act as president of such board. 1078. TERMS OE TRUSTEES.— The governor shall by and with the advice and consent of the senate appoint during each biennial session of the legislative assembly, five members of such board of trustees who shall hold their office for four years commencing on the second Tuesday in April following such appoint- ment. The governor shall fill all vacancies therein by appointment for unexpired terms. At the first meeting of the board of management of each normal school the members thereof shall take and subscribe the oath of office required of all civil officers and shall proceed to elect a president (of the board) who shall. reside in To be man- aged by trus- tees. Boards — of how many- composed. Ex-officio members. Trustees ap- pointed by governor, for four years. Qualifications. STATE OF NORTH DAKOTA 157 Organization of board. the vicinity of such normal school, and the president of the school shall be the secretary of the board, but shall have no vote. In the absence of the secretary the board may select one of its members to act as sec- retary. The majority of the members of the board of management shall constitute a quorum for the transaction of business. (See Appendix D. — Note 32.) Sec. 1079. COMMISSIONS. SECRETARY.— The governor shall cause to be issued to each of the members of the board of trustees" a commission under the great seal of the state, and such commission shall designate the board of management upon which such members shall serve. At the first meeting of the board the members thereof shall proceed to select and appoint a secretary of the board. A majority of the members of the board of trustees shall constitute a quorum for the transaction of business. Sec. 1080. MEETINGS. COMPENSATION. — The board of trustees shall meet at Valley City and at Mayville or at the seat of government at such time each year as may be decided upon by the board. The members of the board shall receive the sum of three dollars per day for each day employed in attendance upon sessions of the board of trustees, or the board of management, and their actual and necessary expenses in attending meetings of the respective boards, or in other duties connected therewith, which expenses shall be paid out of the state treasury upon the vouchers of the respective boards in the manner provided by law. The board of trustees shall not be in session for exceeding eight days in any one year nor either board of management to exceed twelve days during each year. The secretary of the board of trustees shall receive such salary as shall be determined by the board not exceeding one hundred dollars a year and his actual expenses incurred I'n attending meetings of the board, which shall be paid as herein provided for members of the board of trustees. Sec. 1081. TREASURER TO KEEP FUNDS. — All moneys arising from the interest and income derived from the rental and sale of the lands appro- priated to such schools, and all moneys that mav hereafter be appropriated by the state, including all moneys raised in any other manner for either of such schools, shall be deposited with the state treasurer. Cor Secretary of board. Meetings — when and where. Compensation. Maximum time. Salary of secretary. State treasurer to keep funds. 158 GENERAL SCHOOL LAWS to be by him kept in two separate funds, to be known as the fund of the state normal school at Mayville and the fund of the state normal school at Valley City, respectively, and such funds shall be used exclusively for the benefit of such schools. Funds kept separate. Object to prepare teach- ers. Course of study. Duties of board as to funds. Superinten- dent of con- struction. Audit of ex- penses. Board of man- agement to fix salaries of employes. Sec. 1082. OBJECTS OF NORMAL SCHOOLS. - — The objects of such normal schools shall be to pre- pare teachers in the science of education and the art of teaching in the public schools. The board of trus- tees, with the assistance of the respective faculties, shall adopt the full course of study prescribed for that purpose, which shall embrace the academic and pro- fessional studies usually taught in normal schools ; provided, that such academic and professional studies shall not extend more than two years 'beyond the course of study prescribed in a high school of the first class. Such schools shall in all things be free from sectarian control. Sec. 1083. DUTIES OF BOARD AS TO AP- PROPRIATIONS.— The board of management of each normal school shall direct the disposition of all moneys appropriated by the legislative assembly for current expenses of such school, and shall have super- vision and charge of the construction of all buildings authorized by law for such school, and shall direct the disposition of all moneys appropriated therefor or accumulating therefor as provided in this article. They shall have power to appoint one of their mem- bers superintendent of construction of all buildings, w^ho shall receive three dollars per day for each day actually and necessarily engaged in the discharge of his duties not to exceed fifty days in any one year, which sum shall be paid out of the state treasury as herein provided ; but all expenditures incurred under the direction of either of the boards aforesaid shall be audited and allowed by such board of management -and the expenditures incurred under the direction of the board of trustees aforesaid shall be audited and allowed by such board. Sec. 1084. SALARIES OF EMPLOYES. RE- PORTS. — The board of management of each normal school shall have the care of the buildings belonging to such school. It shall have the power to fix the salaries of employes, except members of the faculty, and to prescribe their respective duties, and to remove any of such employes at any time. It shall at such STATE OF NORTH DAKOTA 159 times as may be determined upon propose to the board of trustees the names of persons as president of the school, teachers and instructors, with the recommen- dation that such persons be employed by such board of trustees as the faculty of such school. It shall on or before the third Monday in November of each year make an annual report to the board of trustees, show- ing a statement of all expenditures of funds under its direction, the erection and care of buildings, the con- dition of schools, and containing such recommenda- tions as they may think proper. Sec. 1085. SALARIES OF PRESIDENT AND TEACHERS.— The board of trustees shall fix the salaries of the president of the school, teachers and instructors, and shall employ the persons therefor that have been recommended by the respective boards of management, unless in the opinion of the board of trustees a reasonable ground exists for refusing to employ such persons. The board of trustees shall prescribe the time and length of the various terms of such school. Sec. 1086. THE FACULTY, DUTIES OF.— The faculty shall consist of the president of the school, teachers and instructors employed for each school as herein provided. The faculty shall pass all needful rules and regulations for the government of disci- pline of the school, regulating the routine and labor and study, and the duty and exercises and such other rules and regulations as are necessary for the preser- vation of morals, decorum and health. They shall carry out the course of study adopted by the board of trustees and shall arrange for the classification of all pupils in conformity therewith. Sec. 1087. DUTY OF PRESIDENT.— The president of the school shall be the chief executive of- ficer of the school and it shall be his duty to see that all the rules and regulations are executed. The in- structors and employes shall be under his direction and supervision. It shall also be the duty of the president of each school to request the secretary of state to furnish each school ten copies of the revised codes of 1905, and ten copies of the session laws and supreme court reports hereafter published for library and exchange purposes, and thereupon the secretary of state shall furnish the same. Propose names of teachers. Report to trustees. Salaries of in- structors fixed by trus- tees. Length of school term — how deter- mined. The faculty — its powers and duties. Principal is executive offi- cer. Duty. 160 GENERAL SCHOOL LAWS Sec. 1088. ANNUAL REPORT OF FACUL- TY. — The faculty shall, on or before the third Mon- day in October in each year make an annual report to the board of trustees showing the general condition of the school and containing such recommendations as the welfare of the institution demands. Faculty to report to trustees an- nually. Trustees to report to governor. Diplomas — who entitled to. State profes- sional certifi- cate. Five-year cer- tificate. Academy of science — object. Sec. 1089. BIENNIAL REPORTS TO GOV- ERNOR. — The board of trustees shall make a report to the governor on or before the fifteenth day of No- vember next preceding each biennial session of the legislative assembly, containing the several reports of the boards of management and faculties herein pro- vided for, showing the condition of the funds appro- priated for the school, the money expended and the purpose for which the same was expended, in detail and showing the condition of the normal schools generally. Sec. 1090. DIPLOMAS.— The board of trustees and the respective faculties of each school shall have pcvver to issue diplomas to all persons who shall have completed the courses of study prescribed for the normal schools as herein provided, and who shall have passed a satisfactory examination under the direction of the board of trustees, upon the branches contained in such courses and who shall be known to possess a good moral character, which diploma shall set forth the above mentioned facts and shall be designated as the state normal school diplomas. Sec. 1091. STATE PROFESSIONAL CERTI- FICATE, — Any person who is the holder of such a diploma and who can furnish satisfactory evidence to the superintendent of public instruction that he has had three years' successful experience as a teacher, shall be granted by the superintendent of public in- struction a state professional certificate, valid for life as provided by law, and any such person, who can fur- nish satisfactory evidence of one year's successful ex- perience as a teacher shall be granted such certificate, valid for five years, as provided by law. The fees for such certificate shall be as provided by law. Article 3. — North Dakota Academy of Science. Sec. 1092. OBJECT OF ACADEMY OF SCI- ENCE. — The North Dakota academy of science here- tofore established at Wahpeton is hereby continued as such. The object of such academy shall be to fur- STATE OF NORTH DAKOTA 161 nish instruction in the pure and applied sciences, mathematics, languages, political science, and history as is usually given in schools of technology below the junior year, the chief object being the training of skilled workmen in the most practical phases of ap- plied science. A general science course may also be offered, consisting of three years' work above the high school course. Upon completion of either of the above courses the board of trustees may grant appro- priate certificates of the work accomplished. ' Sec. 1093. HOW GOVERNED.— Such school shall be under the direction and management of a board of trustees and shall be erected, governed and maintained as hereinafter provided. Sec. 1094. BOARD, HOW CONSTITUTED — Such board of trustees shall consist of five mem- bers who shall be appointed by the governor, by and with the consent of the senate, and shall hold their office for a term of four years ; provided, that immed- iately upon the taking effect of this act the governor shall appoint three members of this board who shall hold office for four years and two members who shall hold office for two years, each member of said board to hold office until his successor is appointed and qualified ; and the governor may fill vacancies as in other cases. The members of such board shall meet at Wahpeton annually on the first Tuesday in April and shall from among their number elect a president and secretary, and said board may provide for such other meetings at such times and places as may be deemed expedient ; provided, that the governor may designate the time of holding the first meeting of said board. Governed by trustees. Appointment of trustees. Meetings. Oificers of board. ;Sec. 1095. POWERS OF BOARD.— Such board shall have power to buy or procure the necessary ground and to erect and equip the necessary buildings for said school, to appoint a principal and assistants to take charge of such school and such other teachers and officers as may be required and fix the salaries of each and prescribe their several duties. It shall also have power to remove, either principal, assistant or teacher and appoint others in their stead. The board shall prescribe the various books to be used in such school and shall make all the regulations and by-laws necessary for good government and maintenance of the same and shall have power to procure all necessary — 11— Powers. Over in- structors. Rules, regu- lations, etc. 162 GENERAL SCHOOL LAWS apparatus, instruments and appurtenances for instruc- tion in said school. Sec. 1096. RULES AND REGULATIONS.— The board shall prescribe such rules and regulations for the admission of pupils to said school as it shall deem necessary and proper and may in its discretion require applicants for admission into such school to pay such fees or tuition as the board may deem reason- able. Admission of pupils. Compensation of trustees. Instructors — from wliat fund paid. State treasur- er custodian of all funds. Sec. 1097. COMPENSATION.— All necessary expenses incurred by members of the board of trustees and the sum of three dollars per diem for the time actually and necessarily employed in the discharge of the duties of their office shall be paid on the proper voucher out of the general funds of the state. The principal, assistants, teachers and other officers and employes in such school shall be paid out of the fund of the North Dakota Academy of Science. Sec. 1098. ' DUTIES OF STATE TREASUR- ER. — The state treasurer shall be the custodian of all funds belonging to such school, from whatever source received, and the same shall be deposited with him and by him kept in a separate fund which shall be known as the North Dakota academy of science fund, and shall be used exclusively for the benefit of such academy ; provided, however, that any sum or sums received by such board of trustees for tuition or fees, for scholarships in such school, may be kept and dis- bursed by the secretary of such board upon the order of the president thereof, for correct (current) ex- penses of such school. Sec. 1099. MAJORITY SHALL CONSTITUTE QUORUM. — A majority of the members of the board of trustees shall constitute a quorum, but a less num- ber may adjourn from time to time. All proceedings of the board shall be recorded in a book kept for that purpose, which shall be open to inspection to any per- son on request ; and the secretar}^ shall keep a strict account of all moneys received by him in such manner as may be prescribed by the board, and such accounts shall at all times be open to inspection by said board or any member thereof. Article 4. — Agricultural College. Agricultural Scc. 1100. LOCATION OF.— The agricultural tion^T~^°'^' college shall continue as now established and located Tuition fees, how used. Majority of board a quorum. Records open for inspection. STATE OF NORTH DAKOTA 163 (See Const. Sec. at Fargo in the county of Cass. 213, Sub. J.) Sec. 1101. MANAGEMENT OF.— The govern- ment and management of such college is vested in a board of trustees to be known as the board of trustees of the agricultural college. Sec. 1102. BOARD OF TRUSTEES, HOW APPOINTED. VACANCIES.— The board of trus- tees shall consist of seven members, to be appointed as follows : During each biennial session of the leg- islative assembly there shall be nominated by the gov- ernor and. by and with the advice and consent of the senate, appointed for the term of four years, trustees to fill vacancies occurring by the expiration of the term of office of those previously appointed. The governor shall have power to fill all vacancies in such board which occur when the legislative assembly is not in session and the members of such board shall hold their office until their successors are appointed and qualified as provided m this article. Persons ap- pointed to fill vacancies shall hold office only until the first Tuesday in April succeeding the next session of the legislative assembly. Sec. 1103. COMMISSION. OATH. ORGANI- ZATION.- — The governor shall cause to be issued to each trustee so appointed a commission under the great seal of the state. At the first meeting of such board the members thereof shall take and subscribe the oath of office required of other civil officers and shall then proceed to elect a president, secretary and treasurer, but the treasurer shall not be a member of the board. A majority of the members of the board shall constitute a quorum for the transaction of busi- ness. The board shall require a bond of its treasurer in such an amount and with such sureties as it may deem proper. (See Appendix D — Note ^2.) Sec. 1104. MEETINGS, WHERE HELD. COM- PENSATION OF TRUSTEES.— The board shall hold its meetings at the city of Fargo at such times as it may designate, but there shall not be to exceed six regular meetings each year; provided, that the presi- dent of the board shall have power to call special meetings whenever in his judgment it becomes neces- sary. ) The members of the board shall receive as compensation for their services the sum of three dol- lars per day for each day employed and five cents per Trustees to manage. Trustees — number and appointment of. Vacancies. Commission under great seal. How shall qualify. Organization and quorum. Meetings — When, where — how many. 164 GENERAL SCHOOL LAWS Compensation. mile for each mile actually and necessarily traveled in attending the meetings of the board, which sum shall be paid out of the state treasury upon vouchers of the board duly certified by the president and secretary thereof. Duty of board as to funds. Employ in- structors. Superintendent of construc- tion. Object and course of study. Full course four years. Sec. 1105. DUTIES OF BOARD.— Such board shall direct the disposition of all moneys appropriated by the legislative assembly or by the congress of the United States, or that may be derived from the sale of lands donated by congress to the state for such college, or that may be donated to or come from any source to the state for said college, or experiment station for North Dakota, subject to all restrictions imposed upon such funds either by the constitution or laws of the state or by the terms of such grants from congress, and shall have supervision and charge of the con- struction of all buildings authorized by law for such college and station. The board shall have power to employ a president and necessary teachers, instruc- tors and assistants to conduct such school and carry on the experiment station connected therewith and to appoint one of its members superintendent of con- struction of all buildings, who shall receive three dol- lars per day for each day actually and necessarily en- gaged in the discharge of his duties, not to exceed fifty days in any one year, which sum shall be paid out of the state treasury upon the vouchers of said board. Sec. 1106. COURSE OF INSTRUCTION.— The object of such college shall be to afford practical instruction in agriculture and the natural sciences con- nected therewith, and in the sciences which bear di- rectly upon all industrial arts and pursuits. The course of instruction shall embrace the English lan- guage and literature, mathematics, military tactics, civil engineering, agricultural chemistry, animal and vegetable anatomy, and physiology, the veterinary art, entomology, geology and such other natural sciences as may be prescribed, political, rural and household economy, horticulture, moral philosophy, history, bookkeeping and especially the application of science and the mechanic arts to practical agriculture. A full course of study in the institution shall embrace not less than four years, and the college year shall consist of not less than nine calendar months, which may be divided into terms by the board of trustees as in its judgment will best secure the objects for which the college was founded. STATE OF NORTH DAKOTA 165 Sec. 1107. BOARD OF TRUSTEES TO FIX SALARIES. — The board of trustees shall fix the sal- aries of the president, teachers, instructors and other > employes and prescribe their respective duties. ' The board shall also fix the rate of wages to be allowed the students for labor on the farm and experiment station or in the shops or kitchen of the college. The board may remove the president or subordinate officers and supply all vacancies. Sec. 1108. FACULTY TO ADOPT RULES AND REGULATIONS.— The faculty shall consist of the president, teachers and instructors and shall pass all needful rules and regulations for the gov- ernment and discipline of the college, regulating the routine of labor, study, meals and the duties and ex- ercises, and all such rules and regulations as are neces- sary for the preservation of morals, decorum and health. Salaries fixed by trustees. Removals and vacancies. Government and discipline, faculty to adopt rules for. Sec. 1109. DUTIES OF PRESIDENT.— The president shall be the chief executive officer of the col- lege and it shall be his duty to see that all rules and regulations are executed, and the subordinate officers and employes not members of the faculty shall be un- der his direction and supervision. Sec. 1110. FACULTY TO MAKE ANNUAL REPORT TO BOARD.— The faculty shall make an annual report to the board of trustees on or before the first Monday in November of each year, showing the condition of the school, experiment station and farm and the results of farm experiments and containing such recommendations as the welfare of the institution demands. Sec. 1111. ANNUAL REPORT TO GOVER- NOR. — The board of trustees shall on or before the fifteenth day of November in each year make a report to the governor setting forth in detail the operations of the experiment station, including a statement of the receipts and expenditures, a copy of which report shall be sent by the governor to the commissioner of agri- culture and to the secretary of the treasury of the United States, and the board shall also make report to the governor on or before the fifteenth day of November next preceding each biennial session of the legislative assembly, containing a financial statement showing the condition of all funds appropriated for the use of such college and experiment station, also President ex- ecutive officer. Duty to en- force rules. Faculty to re- port to trus- tees annually. Annual report to governor by trustees. Report to com- missioner of agriculture. Biennial report of trustees. 166 GENERAL SCHOOL LAWS Degrees , on whom may be conferred. Land grant accepted. Treasurer's bond. Topographic map. the moneys expended and the purposes for which the same were expended in detail, also the condition of the institution and the results of the experiments car- ried on there. Sec. 1113. DEGREES MAY BE CONFERRED. — ^The board and the faculty shall have power to con- fer degrees upon all persons who shall have com- pleted the course of study prescribed by them, and who shall have passed a satisfactory examination in the branches contained in such course and who possess a good moral character. i Sec. 1113. ACCEPTANCE OF LAND GRANT. — The grants of land accruing to this state by virtue of an act of congress donating public lands for the use and support of agricultural colleges approved February 22, 1889, is hereby accepted with all the conditions and provisions in said act contained, and said lands, are hereby set apart for the use and support of the colleges herein provided for. Sec. 1114. , BOND OF TREASURER.— The treasurer of such college shall give a bond in the sum of fifty thousand dollars with at least four sureties to be approved by the board of trustees of such college, conditioned for the faithful accounting of all moneys received by him as such treasurer. Article 6. — Agricultural and Geological Survey- Sec. 1121. AGRICULTURAL COLLEGE BOARD CO-OPERATE.— The board of trustees of the agricultural college of the state of North Dakota is hereby authorized to co-operate with the directors of the United States federal surveys and to accept the co-operation of the United States with this state in executing a topographic, economic and agricultural survey and map of North Dakota, which is hereby authorized to be made ; and the said board of trustees shall have the power to arrange with said directors, or other authorized representatives of the United States government surveys, concerning the details of said work, the methods of its execution, and the order in part of time in which these surveys and maps of the different parts of the state shall be completed; pro- vided, that the said directors of the United States government survey,, thus co-operating with the state of North Dakota, shall agree to expend on the part of the United States upon said work a sum equal to that STATE OF NORTH DAKOTA 167 Maps — de- scription. What to show. appropriated by the state of North Dakota for that purpose. Sec. 1133. MAPS UNIFORM WITH U. S. MAPS. — In arranging the details heretofore referred to, it is expected that the topographic maps resulting from this survey shall be similar in design to the Far- go and Casselton sheets already made by the United States geological survey ; that they shall show the lo- cation of all roads, railroads, streams, lakes and rivers, and shall contain certain lines showing the elevation and depression for every twenty feet of vertical inter- val of the surface of the county ; and that the resulting maps shall recognize the co-operation of the state of North Dakota. ■ Sec. 1133. MAKE AN ECONOMIC SURVEY. — Following the completion of the topographic maps, or as rapidly as deemed expedient, an economic sur- vey shall be made, including a complete account of all economic resources of agricultural importance, in- cluding the character and value of soil for agricultural purposes, the nature and extent of water supplies, both surface and artesian, together with the analysis of soils, waters, etc., including also the collecting and tabulating of meteorological data- necessary in explain- ing climatic variations, and such other investigations as naturally belong to an economic survey. Sec. 1134. STATE DIRECTOR TO COLLECT SAMPLES.— It shall be the duty of the state director of this survey to collect or cause to be collected, samples of rocks, soils, coals, cla3^s, minerals, fossils, plants, woods, skins and skeletons of native animals, and such other products of economic or scientific in- terest discovered during this survey, which properly secured and labeled, shall be placed on exhibition in the museum of the North Dakota agricultural col- lege. Sec. 1135. ARRANGE TO PUBLISH MAPS. — The state director of this survey shall arrange with the directors of the government surveys for the pub- lications of economic maps resulting from this sur- vey, which shall be similar in design to, and uniform wi'th the publication now made by these surveys ac- companied by (a) the written description of the for- mations and economic resources, which shall consti- tute a report, embodying and setting forth all useful information developed during these investigations. Economic sur- vey. Water supply. Climatic varia- tions. Samples for museum to be collected. Publication of map. 168 GENERAL SCHOOL LAWS Sec. 1126. PUBLISH REPORTS.— There shall be published from time to time, as bulletins of the North Dakota experiment station, preliminary reports of this survey, as the work progresses, showing the results of the survey and investigations conducted, together with preliminary maps showing the areas covered and these preliminary reports shall be sent gratis to all citizens of N'orth Dakota making applica- tion. Bulletins of experiment station. Distribution. State director, to report to 'governor. State director — who is. Annual ap- propriation. Name of sur- vey. Not to conflict with state university. Mineral de- posit in state or school Jands belongs to state. Sec. 1127. MAKE BIENNIAL REPORT TO GOVERNOR.— It shall be the duty of the said board of trustees, through the state director of this survey, to make on or before the second Tuesday of Decem- ber of each year, immediately preceding the regular sessions of the legislative assembly of North Dakota, a biennial report to the governor, showing the pro- gress of the survey, accompanied by copies of the maps completed, and results accomplished, together with a report of all moneys received and expended ; and the governor shall lay this report before the leg- islative assembly. Sec. 1128. STATE DIRECTOR.— The professor of geology of the North Dakota agricultural college shall act, under the direction of the board of trustees of said institution, as state director of this survey. Sec. 1129. APPROPRIATION.— There is here- by appropriated out of the money of the state treas- ury, not otherwise appropriated, the sum of five hun- dred dollars ($500) annually, which shall be paid by the state treasurer upon a draft from the secretary of the board of trustees, having in control this survey. Sec. 1130. NAME. — This survey shall be known as the Agricultural College survey of North Dakota. Sec. 1131. , NOT CONFLICTING.— This act is not to be construed as conflicting in any manner with or repealing the geological survey of North Dakota already established at the state university. Sec. 1132. BELONG TO THE STATE.— Any lands belonging to the state, or lands known as school lands and public institution lands, in which is discov- ered any valuable deposit of coal or minerals of any kind, clay, gravel or stone shall be and remain the property of the state until provision for the sale or leasing thereof is especially provided by law. STATE OF NORTH DAKOTA 169 Article 7. — School for the Deaf and Dumb. Sec. 1133. LOCATION.— The school for the deaf and dumb as located by the constitii*:ion at Devils Lake shall continue to be the institution for the sup- port and education of the deaf and dumb children of the state . {See Const. Sec. 215, siih. 5.) ;Sec. 1131. BOARD OF TRUSTEES, HOW APPOINTED.— Such institution shall be under the supervision of a board of trustees consisting of five members, who shall be appointed by the governor by and with the advice and consent of the senate. At each biennial session of the legislative assembly the governor shall. nominate and, by and with the advice and consent of the senate, appoint for the term of four years trustees to fill vacancies occurring by the expir- ation of the term of office of those previously ap- pointed, and the governor shall have power to fill. all vacancies in the board which shall occur when the leg- islative assembly is not in session, and the members of such board shall hold their office for the term of four years commencing on the first Tuesday in April succeeding their appointment, and until their suc- cessors are appointed and qualified, except members appointed to fill vacancies during the recess of the legislative assembly, which members shall hold only until the first Tuesday in April succeeding the next regular session of the legislative assembly. Sec. 1135. ORGANIZATION. MEETINGS.— Such trustees shall meet in the city of Devils Lake. They shall choose from among their number a presi- dent and secretary, who shall hold office for two years and until their successors are appointed and qualified. Three members of the board shall consti- tute a quorum for the transaction of business. Such board shall meet annually in the month of April and as often thereafter as may be deemed necessary for the proper transaction of business, upon the call of the president or secretary. Sec. 1136. OATH. DUTIES OF OFFICERS OF BOARD.— Each member of the board shall be- fore entering upon his duties take and subscribe the oath required of other civil officers, which oath shall be filed in the office of the secretary of state. The president shall preside at all meetings of the board when present and in his absence a president pro tem- Deaf and dumb children — where edu- cated. Trustees — number and appointment. Vacancies. Term of office. Meetings. Organization. Quorum. Oath. Duties. 170 GENERAL SCHOOL LAWS Deposit of funds, board shall direct. General super- vision. Indebtedness not to exceed appropriation. Compensation. Non-resident pupils- — fee for. Residents to be educated free. ■Clothing — how furnished. pore may be named to perform the duties of president. The secretary shall keep a correct record of the pro- ceedings of the board and have charge in trust for the institution, of all papers and records of the same. {See Appendix D, Note 32.) Sec. 1137. BOARD TO DIRECT DISPOSI- TION OF MONEYS.— The board shall direct the disposition of all moneys appropriated by the legisla- tive assembly or received from any other source for the benefit of such institution. Sec. 1138. DUTIES OF BOARD.— Such board shall have general supervision of the institution, adopt rules for the government thereof, employ and fix the salaries of all employes, provide necessaries for the institution and perform other duties, not devolving upon the principal necessary to render it efficient and to carry out the provisions of this article. Sec. 1139. INDEBTEDNESS LIMITED.— The board shall not create any indebtedness against such institution exceeding the amount appropriated by the legislative assembly for the use thereof. Sec. 1140. COMPENSATION OF MEMBERS OF BOA.RD. — The members of the board shall re- ceive as compensation for their services three dollars per day for' each day employed, and five cents per mile for each mile actually and necessarily traveled in attending meetings of the board, to be paid out of the state treasury upon vouchers of the board duly certi- fied by the president and secretary thereof. Sec. 1141. FEE FOR NON-RESIDENT CHIL- DREN. — Deaf and dumb children, not residents of this state, of suitable age and capacity, shall be entitled to an education in such school on payment to the state treasurer of the sum of one hundred and eighty dol- lars per annum, in advance, but such children shall not be received to the exclusion of children of this state. Sec. 1142. RESIDENTS ENTITLED TO ED- UCATION FREE. — Each deaf and dumb person, who is a resident of this state, of suitable age and capacity, shall be entitled to receive an education in such institution at the expense of the state. Sec. 1143. ACCOUNTS FOR CLOTHING, HOW COLLECTED.— When the pupils of such in- stitution are not otherwise provided or supplied with STATE OF NORTH DAKOTA 171 County treas- urer to collect for same. fTo be paid by taxation — when. suitable clothing, they shall be furnished therewith by the principal, who shall make out an account thereof in each case against the parent or the guardian, if the pupil is a minor, and against the pupil if he has no parents or guardian, or if he has attained the age of majority; which account shall be certified to be cor- rect by the principal, and when so certified such ac- count by mail to the county treasurer of the county from which the pupil so supplied shall have come ; and such treasurer shall proceed at once to collect the amount by suit in the name of his counry, if necessary, and pay the same into the state treasury. The prin- cipal shall at the same time remit a duplicate of such account to the state auditor, who shall credit the same to the account of the school and charge it to the pro- per county ; provided, that if it shall appear by the affi- davit of three disinterested citizens of the county, not of kin to the pupil, that such pupil or his parents would be unreasonably oppressed by such suit, then such treasurer shall not commence such action, but shall credit the same to the state on his books and re- port the amount of such account to the board of coun- ty commissioners of his county, which board shall levy a sufficient tax to pay the same to the state and cause the same to be paid into the state treasury. . Sec. 1144. TRANSPORTATION OF INDI- GENT PERSONS, HOW PAID.— The board of county commissioners shall order to be paid the ex- penses of transportation to and from such institution of any indigent deaf and dumb children entitled to admission thereto, and they shall at the time of levy- ing other taxes, levy a tax sufficient to reimburse the county therefor. In order to avoid long delays in transporting indigent children to and from the insti- tution, the principal may, upon correspondence with the auditor of such county, pay such transportation and forward to such county auditor an itemized state- ment of the expenses. The board of county com- missioners shall order the county treasurer to draw his warrants for such amount in favor of the prin- cipal of the institution, who shall account for such money as provided by law. Sec. 1145. FACULTY. DUTIES OF PRINCI- PAL. — The officers of the institution shall be a prin- cipal and matron. ' The principal shall be a capable person, skilled in the sign language and all the meth- Transporta- tion — when paid. County war- rant to pay same. Officers. 172 GENERAL SCHOOL LAWS Qualifications of principal. Salary. Report. Records. Employment for pupils. Matron — duty of. Report of trustees. ods in use in educating the deaf, and shall have knowledge of the wants and requirements of the deaf in their proper training and instruction. The prin- cipal and matron must reside at the institution. The principal shall receive a salary of not less than fifteen hundred dollars per annum. The principal shall an- nually make to the board of trustees a written report stating in full the true condition of the educational, the domestic and the industrial departments of the institution and his action and proceedings therein, which report shall be embraced in the report of the trustees to the governor. He shall keep and have charge of all necessary records and registers of each department and have the supervision of teachers, pupils and servants and perform such other duties as the board may require. He may recommend and with the approval of the board employ all assistants needed therein. He shall have special charge of the male pupils, out of school hours, and shall furnish them with employment about the premises or in some trade to Avhich they are adapted when such trades have been organized and established at the institution by the trustees and provision for their maintenance made by the legislative assembly. The proceeds and pro- ducts arising from the labor and employment of the pupils shall inure to the use and benefit of the institu- tion. Sec. 1146. DUTY OF AIATRON.— The matron of the school shall have control of the internal ar- rangement and management of the institution and of the female pupils, out of school hours. She shall instruct the female pupils in the domestic arts or in some trade to which they are adapted, under the di- rection of the principal. Sec. 1147. BOARD TO MAKE BIENNIAL REPORTS. — The board of trustees shall on or be- fore the fifteenth day of November preceding each regular session of the legislative assembly make a full and complete report to the governor, showing: 1. A statement of the financial condition of the in- stitution from the date of the last report, giving in detail the amount of moneys received from all sources and the amount expended. 2. The value of real estate and buildings at the date of the last report and the cost of improvements made, if any, since such report. STATE OF NORTH DAKOTA 173 Contents of. 3. The number of pupils in attendance, their names, ages, residences, and cause of deafness ; alsc the number that have entered the institution, and the number of those who have left since the last report. 4. The number and cause of deaths, if any, which have occurred in the institution since the last report. 5. The improvement, health and discipline of the pupils. 6. 'The names of the officers, teachers and servants employed. 7. All other needful information touching such matters as may be deemed of interest. 8. Such recommendations as may be deemed need- ful. Sec. 1148. DISPOSITION OF MONEY RE- CEIVED. — All money that shall arise from the inter- est received on all moneys derived from the sale of lands hereinbefore or that may hereafter be appro- priated for the school for deaf and dumb, including all money that may be received from the renting of said land and all moneys that may be hereafter appro- priated for the school for the deaf and dumb, by the state of North Dakota, including all money raised in any other manner or donated to said asylum, shall be deposited with the state treasurer to be kept by him in a separate fund, which shall be known as the deaf and dumb asylum fund, and be used exclusively for the benefit of said school for the deaf and dumb as may be herein or hereafter provided. Sec. 1149. BOOKS OPEN TO INSPECTION. — Every duty and contract to be performed by said trustees must receive the approval of the majority of the board in regular session duly called, I'n order to make binding and valid. All proceedings of said board shall be recorded in a book kept for that pur- pose, and open to the inspection of anybody on re- quest. I Sec. 1150. ITEAilZED VOUCHERS.— All mon- eys that may come into the treasury of the state of North Dakota, and credited to the school for the deaf and dumb, shall be paid out to the persons entitled thereto, and the state auditor is hereby directed to draw his warrant on the funds in the hands of the state treasurer belonging to the said school for the deaf and dumb upon the written order of the said board of trustees, which order shall be accompanied Funds — how kept and dis- posed of. Majority ne- cessary to valid contract. Records open to public. Payment made only on order of board. 174 GENERAL SCHOOL LAWS by itemized vouchers for the full amount of such order ; provided, that no such order shall be issued un- til there is cash in the treasury with which to pay the same. Services free. School for blind, location and govern- ment. Trustees — how and when appoint- ed. Term of office. Vacancies. Qualification, and organiza- tion of board. ■Sec. 1151. NO COMPENSATION.— The trus- tees shall receive no compensation for performing the duties herein prescribed. Article 8. — Blind Asylum. Sec. 1152. LOCATION AND GOVERNMENT. — There is hereby established and located at Bathgate in Pembina county, a blind asylum, which shall be known by the name of the North Dakota Blind Asy- lum. The government and management of said asylum is hereby vested in a board of trustees con- sisting of five members, which shall be styled the Board of Trustees of the North Dakota Blind Asy- lum. {See Const. Sec. 216, sub. 2.) Sec. 1153. TRUSTEES, HOW APPOINTED. LENGTH OF TERM.— The members of the board shall be nominated by the governor, and, by and with the advice and consent of the senate, shall be appoint- ed on or before the third Monday of February of each biennial session of the legislative assembly, for a per- iod of four years from said date ; provided, however, that the first board of trustees shall be appointed by the governor at once upon the taking effect of this article ; provided, further, that the terms of the first board shall be three members for the period of four years, and two members for the period of two years, the length of the term of the respective trustees to be designated by the governor in making the appoint- ments. Such appointments shall be made by and with the advice and consent of the senate, when the legislative assembly is in session ; otherwise, the trustees appointed shall qualify and hold office until their successors are appointed and qualified. The governor shall have power to fill all vacancies which may occur in said board when the legislative assembly is not in session, and members of said board shall hold their office until their successors are appointed and qualified as provided herein. Sec. 1154. ORGANIZATION OF BOARD. QUORUM. — The governor shall cause to be issued to each of said trustees a commission, which shall be STATE OF NORTH DAKOTA 175 Quorum. Bond of treasurer. Meetings — when, where, number. Compensation. No funds to be disturbed until when. under the great seal of the state. At the first meet- ing of said board the members thereof shall take and subscribe the oath of office required of all civil officers and shall then proceed to elect a president, secretary and treasurer, but the treasurer need not be a member of the board. A majority of the trustees shall con- stitute a quorum for thfe transaction of business. The board shall require a bond of its treasurer and fix the amount thereof. (See Appendix D. — A^ote 52.) Sec. 1155. MEETINGS OF BOARD. COM- PENSATION.— The board shall hold its meetings at Bathgate and fix the time of holding the same ; provid- ed, there shall not be to exceed twelve regular meet- ings in each year. The members of the board shall receive as compensation for their services three dol- lars per day for each day employed, not to exceed twenty- four days in any one year, and five cents per mile for each mile actually and necessarily traveled in attending the meetings of the board, which sum shall be paid out of the state treasury on the vouchers of said board ; provided, that until such time as the legislative assembly shall make an appropriation for the construction and maintenance of such asylum, or until there shall be derived from the interest on the proceeds of sales or of rents derived from the thirty thousand acres appropriated for this asylum, sufficient funds to construct and maintain such asylum, the sum of five thousand dollars the trustees appointed under this article shall receive no compensation whatever, nor shall they issue their warrants upon the state treasury for any purpose whatever. Sec. 1156, PROCEEDS FROM LAND GRANT. — The thirty thousand acres of land donated by con- gress for the purpose of such blind asylum and appro- priated by the constitution of this state therefor, and all moneys received from the interest and income derived from the sales of such lands or rents derived from the leasing of such lands, are hereby appropri- ated for the construction and maintenance of said asylum. Sec. 1157. BY-LAWS AND RULES OF REG- ULATION. — The board shall direct the disposition of all moneys appropriated by the legislative assembly or the interest on all moneys that may be derived from the sale, or the rent derived from the leasing of land donated by congress to this state and by the Proceeds from land grant — how be used. Care of funds. 176 GENERAL SCHOOL LAWS constitution of the state appropriated for such asylum, and shall have supervision and charge of the construc- tion of all buildings provided for or authorized by law for said asylum. Said board shall have power to enact by-laws and rules for the regulation of all its concerns not inconsistent with the laws of this state ; to see that its affairs are conducted in accordance with the requirements of law; to provide employment and in- struction for the inmates ; to appoint a superintend- ent, a steward-, a matron, a teacher or teachers, and such other officers as ip. its judgment the wants of the institution may require, and prescribe their duties; to exercise a general supervision over the institution, its officers and inmates, fix the salaries to be paid to the officers and to order their removal upon good cause. Sec. 1158. REPORTS, WHEN MADE.— The board shall make a report to the governor on or be- fore the last Monday in December next preceding each biennial session of the legislative assembly, con- taining a financial statement showing the condition of all funds appropriated for the asylum ; also the money expended and the purpose for which the same was ex- pended in detail ; also showing the condition of the institution generally. Sec. 1159. INSTRUCTION OF BLIND CHIL- DREN. — Until otherwise provided the governor is hereby authorized to contract with the state of South Dakota, or with the state of Minnesota, for the care and instruction of blind children of school age, and shall authorize the' state auditor to issue warrants upon the state treasury for that purpose. Rules and regulations. Officers and instructors. General super- vision. Reports — when and to whom made. Governor to contract with other states for education of blind chil- dren. At Grafton. Trustees — ap- pointment and term of. Article 9. — Institution for Feeble Minded. Sec. 1160. LOCATION.— There shall be located and permanently maintained at or near the city of Grafton, in the county of Walsh, an institution for the feeble minded, upon the grounds conveyed by the United States of America to the state of North Da- kota for that purpose, to be known and designated as ''The Institution for Feeble Minded." Sec. 1161. BOARD OF TRUSTEES.— The said institution shall be controlled by a board of five trus- tees who shall be appointed by the governor, by and with the advice and consent of the senate, for the term of four years each, and until their successors are ap- pointed and qualified ; provided, however, that of the STATE OF NORTH DAKOTA 177 first board of trustees appointed under this act, three shall be appointed for the term of four years, and the other two for the term of two years. All vacancies occuring in said board shall be filled by appointment in like manner as aforesaid to fill the unexpired term. Sec. 1163. TERM OF OFFICE.— Such board of trustees shall annually elect from among their num- ber a president and a secretary, who shall hold office for two years and until their successors are chosen and qualified. Three of said trustees shall constitute a quorum, and shall meet annually in the month of April and as often thereafter as may be deemed neces- sary, for the proper transaction of business, upon the call of the president or secretary. i Sec. 1163. DUTIES.— Said trustees shall have the general management and superintendency of said institution ; shall prescribe all rules and regulations for the government thereof ; and the admission of pupils thereto, and generally perform all acts necessary to render the said institution efficient for the purposes for which the same is established, to-wit : For the relief and instruction of the feeble minded and for the care and custody of epileptic and idiotic of the state and they may introduce and establish such trades and manual industries as in their judgment will best train their pupils for future self-support. Sec. 1161. APPOINTMENT OF SUPERIN- TENDENT. — Such board shall appoint a superin- tendent of said institution, who shall be a physician skilled in caring for, and in instructing the class of unfortunates to be provided for by this act. Such superintendent shall name all the subordinate officers, and such nominations shall be confirmed or rejected by the board. Sec. 1165. WHO ADMITTED.— All feeble minded persons resi'dents of this state, who, in the opinion of the superintendent are of suitable age and capacity to receive instruction in this institution, and whose defects -prevent them from receiving proper training in the public schools of the state, and all idi- otic and epileptic persons residents of this state may be admitted to and receive the benefits of this insti- tution free of charge, subject to such rules and regu- lations as may be made by the board of trustees ; and they shall be provided by their friends, relatives, or —12— Vacancies, how filled. Officers, elec- tion and term. Quorum. Meetings. Powers and duties of trus- tees. Superintendent. Other officers. Pupils — who may become. Duty of friends. 178 GENERAL SCHOOL LAWS of. Secretary. Treasurer. Clothing fur- nished when. the county from which they come, sufficient funds to furnish them with proper clothing and transporta- tion. Sec. 1166. DUTIES OF OFFICERS.— The presi- Officers of the dent shall preside at all meeting's of the board, when board — duties j_ i • i • i • , present, and m his absence a president pro tempore may be chosen to perform the duties of president. He shall sign all contracts on behalf of the board and all orders vipon the treasurer. The secretary shall coun- tersign all contracts and orders upon the treasurer and shall keep a correct report of the proceedings of the board, and shall have charge in trust for the in- stitution of all papers and records of the same. Such board shall appoint a treasurer who may or may not be one of their number, as they deem best, as provided in section 1270 of the revised codes of 1905. Sec. 1167. SUPERINTENDENT TO FUR- NISH CLOTHING.— When the pupils of such insti- tution are not otherwise provided or supplied with suitable clothing, or the necessary transportation, they shall be furnished therewith by the superintendent, who shall make out an account thereof in each case against the county from which the pupil shall have come, which account shall state the name of the pupil for whom the same is furnished and shall be certified to be correct by the superintendent and when so cer- tified shall be presumed to be correct in all the courts. The superintendent shall thereupon transmit such ac- count by mail to the auditor of the proper county, and the auditor of such county shall present the same to the county commissioners of said county at their next meeting after its receipt by him, who shall there- upon audit and allow the same, and charge it to the general fund of the county, and thereupon there shall arise in favor of' said county a right of action for the amount so paid as against the parent or guardian, if the pupil be a minor, and against the pupil if he or she has no parent or guardian or has attained the age of majority, which may be enforced by civil action at the election of the board of county commissioners. The superintendent shall render to the board of trustees biennially, or oftener if required, an itemized state- ment of such funds. Procedure. ISec. 1168. SIONERS.- DUTIES OF COUNTY COMMIS- -The board of county commissioners County com- missioners — indigent" pupiis° shall Order to be paid the expenses of transportation STATE OF NORTH DAKOTA 179 to and from such institution of any indigent feeble minded children entitled to admission thereto, and they shall, at the time of levying; other taxes, levy a sufficient tax to reimburse the county therefor. In order to avoid long delay in transporting indigent children to and from the institution, the superintend- ent may, upon correspondence with the auditor of such county, pay such transportation and forward to such county auditor an itemized statement of the ex- penses. The board of county commissioners shall order the county treasurer to draw his warrant for such amount in favor of the superintendent of such institution, who shall account for such money as pro- vided by law. Sec. 1169. DUTIES OF TRUSTEES.— The board of trustees shall take and hold in trust for said institution all lands and property hereafter granted, given, devised or conveyed to the institution for feeble Power of trus- minded, to be applied and used at Grafton aforesaid, e'j.^j. °^'^'' ^^°^' and any moneys, now or hereafter, appropriated or entrusted to said institution may be drawn at any time from the state treasury upon the order of the board of trustees, on the presentation of proper vouchers to the state auditor. Sec. 1170. OFFICERS TO REPORT. WHEN. — On or'before the first day of November, in each even numbered year, or oftener if required, the super- intendent, secretary and treasurer shall render to the board of trustees full and complete reports, accom- panied by such recommendations as may seem to them wise and proper, and biennially, and on or before the Reports— by 1 ,• T-v 1 1-' 1 • ^"" ^'^ whom — first day of December, preceding the regular sessions when, of the legislature, said board of trustees shall furnish the governor a printed report of said institution for the two years ending on the preceding June 30th. Said report shall contain such matters as are of interest to the institution, with reports of the superintendent, such as is common from like institutions ; with a de- tailed statement of the disbursements. The state authorities shall print and deliver to the proper officers for the use of the legislature and state officers, five copies for each, and shall deliver to the officers of such institution the number estimated by them to be neces- sary for the use thereof, not to exceed five for each member enrolled therein. 180 GENERAL SCHOOL LAWS Compensation of trustees. Secretary. Industrial school — location and abject. Sec. 117L COMPENSATION.— Each member of the board shall receive as full compensation for his services as such trustee, three dollars per day for each day necessarily and actually employed in his duties as such trustee, together with five cents per mile for every actual and necessary mile traveled in going to and returning from the place of meeting of said board; provided, however, that the secretary and treasurer shall each receive for his service annually a sum not to exceed fifty dollars, as may be allowed by the board. Article 10. — Industrial School. Sec. 1172. NAME AND OBJECTS.— That the institution known as the industrial school and school for manual training, located at Ellendale, Dickey county, North Dakota, be henceforth designated the state normal and industrial school, the object of such school being to provide instruction in a comprehensive way in wood and iron work and the various other branches of manual training, cooking, sewing, model- ing, art work, and the various other branches of do- mestic economy as a co-ordinate branch of education, together with mathematics, drawing and the other necessary school studies, and to prepare teachers in the science of education and the art of teaching in the public schools, with special reference to manual train- ing. Sec. 1173. ENDOWMENT.— All proceeds ac- cumulating in the interest and income fund arising from the sale or leasing of all lands granted or here- after to be granted by the State of North Dakota for the said industrial school, are hereby pledged for the establishment and maintenance of said industrial school. Sec. 1174. MANAGEMENT.— The manage- ment and government of such school shall be vested in a board of trustees, consisting of five members, two of whom shall be residents of Dickey county, to be known as the board of trustees of the industrial school, and to be appointed as provided in this sec- tion. The members of the board shall be nominated by the governor and by and with the consent of the senate, shall be appointed on or before the third Mon- day in February of each biennial session of the legis- appointed. ^ ^" lativc asscmbly, for a period of four years from said Income from land grant. Trustees — number. STATE OF NORTH DAKOTA 181 Term of office. date; provided, however, that the first board of trus- tees shall be appointed by the governor at once upon the taking effect of this article, and provided, further that the term of the first board shall be, three mem- bers for a period of four years and two members for a period of two years the length of the term of the respective trustees to be designated by the governor in making the appointments. Such appointments shall be made by and with the consent of the senate, when the legislative assembly is in session, otherwise the trustees appointed shall qualify and hold office un- til their successors are appointed and qualified. The governor shall have power to fill all vacancies which may occur in said board when the legislative assembly is not in session, and the members of said board shall hold their office until their successors are appointed and qualified as provided herein. Vacancies. Sec. 1175. MEETINGS OF BOARD. COM- PENSATION.— The board shall hold its meetings at the city of Ellendale, in Dickey county, and fix the time for holding the same. They shall not hold to exceed six regular meetings each year ; provided, that the president of the board shall have power to call special meetings, whenever in his judgment it becomes necessary. At their first meeting they shall proceed "to elect a president and a secretary, but the secretary need not be a member of the board of trustees, and at said meeting they shall adopt a seal for said state industrial school. A majority of the board shall be a quorum. Each trustee and the secretary shall re- ceive three dollars per day for each day necessarily employed in attendance upon sessions of the board, and five cents per mile for each mile necessarily trav- eled, to be paid on presentation of proper vouchers containing an itemized statement of the number of days in attendance and miles actually traveled as above provided, duly verified by his oath and approved by the president and secretary of the board, and the state auditor shall audit such claims and draw his warrants upon the state treasurer for the amount so allowed. Sec. 1176. OATH. BOND. PLANS AND SPECIFICATIONS.— Before entering upon the du- ties of his office each member of said board of trus- tees shall take and subscribe an oath as follows : "'I do solemnly swear that I will support the constitution Meetings — when, where, number. Organization. Quorum. Compensation. Oath. 182 GENERAL SCHOOL LAWS Bond. of the United States and the constitution of the state of North Dakota and will faithfully discharge the duties of board of trustees of the state industrial school according to the best of my ability ; that I have not received and will not knowingly and intentionally, directly or indirectly receive any money or other con- sideration from any source whatever for any vote or influence I may give or withhold or for any other offi- cial act I may perform as such trustees, except as herein provided." He shall also execute a bond in the penal sum of three thousand dollars, for the use and benefit of the state of North Dakota, with two or more good and sufficient sureties to be approved by the governor, and be filed with the secretary of state, conditioned upon the faithful performance of his du- ties and the honest and faithful disbursement of and accounting for all moneys which may come into his hands under the provision of this article. The mem- bers of said board having taken the foregoing oath and executed the bond as aforesaid are hereby em- powered and required to cause to be prepared suitable plans and specifications by a competent architect. Such plans shall contemplate the erection of a building or buildings which will accommodate not less than one hundred nor more than five hundred students, and shall be accompanied by specifications and by a de- tailed estimate of the amount required and description of all material and labor required for the erection and full completion of the building or buildings ; and no plan shall be adopted that contemplates the expendi- ture of more money for its completion than the amount reasonably necessary to carry out the object of said institution. Plans and specifications for building. Architect to superintend construction. Proposals for building. Sec. 1177. SUPERINTENDENT OF CON- STRUCTION. PROPOSALS FOR BUILDING. ■ — The said board of trustees shall employ the architect whose plans and specifications are accepted to act as superintendent, of construction, who shall receive for such plans and specifications and for superintending construction such pay as the board by agreement -may determine; which pay shall not exceed an amount equal to five per cent of the estimated cost of said building. , Whenever the said plans and specifications shall have been approved and adopted by a majority of the board of trustees they shall cause to be -inserted in at least two of the daily' newspapers published in the STATE OF NORTH DAKOTA 183 state of North Dakota, and having a general circula- tion therein an advertisement for sealed bids for the construction of the buildings herein authorized, and they shall furnish a printed copy of this article, and a copy of the plans and specifications to any person or persons applying therefor; provided, said trustees may advertise as aforesaid whenever there shall be a sufficient amount of money to the credit of said in- dustrial school with which to construct all or any part thereof deemed expedient by said trustees to erect or construct ; provided, further, that said building or buildings shall be erected on the piece or parcel of land at or near the city of Ellendale, in Dickey county, donated by the citizens of said city, and now held in fee simple by the state of North Dakota. No trus- tees or officers of said industrial school shall be in any way interested in any contract for the erection of said building or buildings or furnishing any material for said buildings, and if any such officer be so interested he shall be deemed guilty of a misdemeanor and on Penalty, conviction be fined in any sum not exceeding five thousand dollars. V/here to be erected. Who not to be interested in contracts. jSec. 1178. TREASURER TO KEEP FUNDS. ACCOUNTS, HOW AUDITED.— All moneys that may accrue from the interest and income derived from the renting and sale of lands hereinbefore appropriat- ed and all moneys that may hereafter be appropriated by the legislative assembly of North Dakota including all moneys raised I'n any other manner for said school shall be deposited with the state treasurer, to be by him kept in a separate fund, which shall be known as the state industrial school fund ; and such funds shall be used exclusively for the benefit of said school as may be herein or hereafter provided. The board of trustees of the state industrial school shall audit all accounts against the funds appropriated by the legis- lative assembly of the state of North Dakota, or held by the state for the use of the state industrial school, and the state auditor shall issue his warrant upon the state treasurer for the amount of all accounts which have been so audited and allowed by the board of trus- tees and attested by the president and secretary of said board. The board of trustees of the state industrial school shall direct the disposition of all moneys ap- propriated, or that may hereafter be appropriated by the legislative assembly of the state of North Dakota, or may hereafter accumulate in any manner in the State treas- urer custodian of funds. How kept. Audit of ac- counts. Disposition of funds — how directed. 184 GENERAL SCHOOL LAWS state industrial school fund. The board shall have the power to receive all donations, gifts and bequests that may be offered or tendered to or for the benefit of such school, and dispose of the same. All moneys coming into the hands of such board shall be immedi- ately covered into the state treasury to the credit of the state industrial school fund. Gifts, dona- tions, etc. Instructional force. Faculty, powers. ,Sec. 1179. ■ FACULTY.— The board of trustees shall have power to employ a president and necessary teachers, instructors and assistants to conduct such school, and to prescribe their respective duties and to fix the salaries of such employes. They shall have power to remove the president, instructors and assist- ants and to fill all vacancies. The faculty shall con- sist of the president, teachers and instructors, and it shall pass all needful rules and regulations for the government and discipline of the school and all such rules and regulations as are necessary for the preser- vation of morals, decorum and health. Sec. 1180. REPORTS.— The' faculty shall make an annual report to the board of trustees on or before the first Monday of November of each year, showing the condition of the school and containing such rec- by^and'to^ ^^ ommeudations as the welfare of the institution shall demand. The board of trustees shall make a report to the governor on or before the fifteenth day of No- vember next preceding each biennial session of the legislative assembly, containing the several reports of the faculty herein provided for, and showing the con- dition of the funds appropriated for the school, the money expended and the purpose for which the same was expended in detail, and showing the number of students in attendance, the work accomplished by them, and the condition of the school in general. whom. Military in- struction. Military Instruction Required at Normal and Industrial School. (Chapter 167 Session Laws of 190^.) Sec. 1. MILITARY INSTRUCTION RE- QUIRED. — The state normal-industrial school is au- thorized and required to give theoretical and practical instruction in military science under such rules and regulations as the faculty of said institution may pre- scribe. STATE OF NORTH DAKOTA 185 Muskets loaned. Sec. 2. INSPECTION BY ADJUTANT GEN- ERAL. — Such company or companies as may be or- ganized and drilled at said institution shall be subject inspection, to regular inspection by the adjutant general of the state of North Dakota, or by an officer detailed for that purpose. iSec. 3. MUSKETS TO BE LOANED.— The adjutant general is hereby authorized to loan to said state normal-industrial school fifty muskets and ac- coutrements, or such part thereof as may be available, for efficiently organizing and drilling said company or companies, the adjutant general to prescribe the terms upon which such loan may be made. Sec. 4. APPROPRIATION.— There is hereby appropriated out of the state treasury for said state normal-industrial school from any moneys not other- wise appropriated, the sum of one hundred fifty dol- lars annually for the purchase of such stores as may be necessary for target practice. Appropriation. Article 13. — School of Forestry. Sec. 1231. SCHOOL OF FORESTRY. LO- CATED. — A state school of forestry, to be. known as the North Dakota school of forestry, is located at Bot- tineau, in the county of Bottineau, state of North Dakota, by virtue of the vote taken thereon according to law. The object of the school of forestry shall be to furnish the instruction and training contemplated in an agricultural high school, emphasizing those sub- jects that have a direct bearing on forestry and horti- culture. (See Const. Sec. 216, Sub. 4.) Sec. 1232. MANAGEMENT.— The said school shall be under the direction of a board of directors, and shall be governed and supported as hereinafter provided. The board of directors shall consist of three members, to be appointed by the governor with the consent and advice of the senate, two of whom shall be appointed for the term of two years and one for a term of four years. Thereafter and at each biennial session of the legislative assembly, and on or before the third Monday in February during each session, there shall be nominated by the goverrifor, and by and with the advice and consent of the senate, ap- pointed for the term of four years, commencing on the first Tuesday in April following such appointment, directors to fill vacancies occurring by the expiration School of For- estry. Object. Course of study. Location. Directors. Appointment and term. 186 GENERAL SCHOOL LAWS Vacancies. Oath. Organization, Quorum. Meetings — when, where, number. Compensation. Special meet- ings. Audit of ac- counts. of the term of office of those previously appointed. The governor shall have power to fill all vacancies in said board which may occur when the legislative as- sembly is not in session, and the members of said board shall hold office until their successors are ap- pointed and qualified as provided by this article; pro- vided, further, that in all cases where the governor has made an appointment to fill a vacancy when the legislative assembly is not in session the term of office of the director or directors so appointed shall expire on the first Tuesday I'n April following the next ses- sion of the legislative assembly. Sec. 1233. COMMISSION. OATH. ORGAN- IZATION. — The governor shall cause to be issued to each of said directors a commission which shall be under the seal of the state. At the first meeting of said board the members thereof shall take and sub- scribe the oath of office required of all civil officers of the state, and shall then proceed to elect a president, secretary and treasurer, but the treasurer shall not be a member of said board of directors. A majority of said board shall be a quorum for the transaction of business. , The board shall require a 'bond of its .treasurer, and fix the amount thereof. {See Appen- dix D. — Note 22.) Sec. 1234. MEETINGS. COMPENSATION.— The board of directors shall hold its meetings at Bottineau and fix the time of holding the same ; pro- vided, there shall not exceed three regular meetings in each year. The members shall receive as compensa- tion for their services three dollars per day for each day employed, and all traveling expenses necessarily incurred therein, which sum shall be paid out of the state treasury upon vouchers of said board duly certi- fied by the president and secretary thereof, which sum is hereby appropriated therefor. The president of said board shall have power to call special meetings whenever in his judgment it becomes necessary. Sec. 1235. ACCOUNTS, HOW AUDITED.— The board shall audit all accounts against the funds appropriated by the legislative assembly of the state of North Dakota, or held by the state for the use of the school of forestry, and the state auditor shall issue his warrants upon the state treasurer for the amount of all accounts which shall have been so audited and STATE OF NORTH DAKOTA 187 allowed by the board of directors and attested by the president and secretary of the same. Sec. 123G. REPORT.— The board of directors shall make a report to the governor on or before the first Monday in December next preceding each bien- nial session of the legislative assembly, to be pub- lished in the biennial report of the superintendent of public instruction, in addition to the other publication as "provided by law. State Reform School. Sec. 10325. STATE REFORM SCHOOL AT MANDAN. CONTINUATION AND USE.— The state reform school located at Mandan, in the county of Morton, shall continue to be the general re- form and industrial school of the state for the deten- tion, instruction and reformation of such juvenile offenders against the laws and good order thereof, of both sexes under the age of eighteen years, as may be committed to it according to law for detention, in- struction and discipline therein. Article 1. — Board of University and School Lands. Sec. 152. BOARD, HOW CONSTITUTED.— The governor, secretary of state, state auditor, attor- ney general and superintendent of public instruction shall constitute the board of university and school lands. The governor shall be president ; the secre- tary of state, vice president, and the superintendent of public instruction secretary thereof. In the ab- sence of the superintendent of public instruction at any meeting of the board, the deputy superintendent of public instruction shall act as secretary, but shall not be entitled to a vote. Such board, when acting as such, must act personally ; no member can be rep- resented on such board by an assistant or clerk. Sec. 153. BOARD, POWERS OF.— Subject to the provisions of article 9 of the constitution and the provisions of this article, such board shall have the full control of the selecting, appraisement, rental, sale, disposal and management of all school and public lands of the state, including the real property donated to the territory of Dakota under the provisions of chapter 104 of the laws of 1883, except such as has been sold, and the investment of the permanent funds Report of directors. Reform school — continuation and use. Of whom com- posed — officers must act per- sonally. full Shall have control of school and public land?. Appoint agent. 188 GENERAL SCHOOL LAWS derived from the sale thereof, or from any other source, and shall have power to appoint a competent person to act as the general agent of the board in the performance of all its duties pertaining to the selec- tion, sale, leasing or contracting in any manner al- lowed by law, and the general control and manage- ment of all matters relating to the care and disposition of the public lands of the state, all of whose official acts shall be subject to the approval and supervision of the board. The title of such agent shall be com- missioner of university and school lands, and before entering upon his duties as such he shall take the oath prescribed for civil officers and give a bond in the penal sum of ten thousand dollars, with not less than two sureties, to be approved by the board, and record- ed in the office of the secretary of state and filed, when recorded, in the office of the state treasurer. Title and qual- ifications of agent. Meetings and quorum. Board invests funds. Sec. 154. MEETINGS OF BOARD.— Such board shall meet at the office of the commissioner on the last Thursday of each month, at ten o'clock in the forenoon. Special meetings of the board may be held at any time at the written call of the president or any two members of the board. Any three members of the board shall constitute a quorum. Sec. 155. BOARD INVESTS FUNDS. COM- PENSATION OF BOARD. CONDITIONS OF LOANS. — Said board shall have power, and it is made its duty from time to time to invest any money belonging to the permanent funds of the common schools, university, school of mines, reform school, agricultural college, and the school for the deaf and dumb, normal schools and all other permanent funds derived from the sale of public lands or from any other source, in bonds of school corporations or of counties, or of townships, or of municipalities within the state, bonds issued for the construction of drains under the authority of law within the state, bonds of the United States, bonds of the state of North Dakota, bonds of other states ; provided, such states have nev- er repudiated any of their indebtedness, or in first mortgages on farm lands in this state, not exceeding i'n amount one-third of the actual value of any sub- division on which the same may be loaned, such value to be determined by the board of appraisal of school lands; provided, at least one-third of the whole amount of the several permanent funds aforesaid, as STATE OF NORTH DAKOTA 189 Compensation of board. Condition of loans. computed by the commissioner of university and school lands at the end of each fiscal year, shall be invested in first mortgages on cultivated farm lands in this state, if there is a sufficient demand for invest- ment in such loans; provided, further, that for said services as such board of appraisal, the county audi- tor and county superintendent of schools shall receive only their necessary traveling expenses, but that the chairman of the board of county commissioners shall be entitled to the same mileage and per diem as when serving on the board of county commissioners. The first mortgages on farm lands in this state shall be made only in the manner following, to-wit : 1. The first mortgages on farm lands and each of them, shall run for a period of time not to exceed twelve years, and the funds so invested shall bear in- terest at the rate of five per cent per annum, payable annually to the county treasurer of the county in which such lands are located. For the first five years payments shall consist only of interest, paid annually and commencing with the sixth year the inter- est shall be paid annually as above stated, and the borrower shall have his option of paying ten per cent or any multiple thereof of the principal at any interest bearing date, and the interest when paid shall be covered into and become a part of the interest and income fund. 2. First mortgage loans shall only be made upon cultivated lands within the state, and to persons who are actual residents thereof, and in no case on lands of which the appraised value is less than ten dollars per acre, and in sums not more than five thousand dollars, to any person, firm or corporation. 3. Any or all of said mortgages may be satisfied at any time after three years from the date when made on payment of the whole amount due thereon ; pro- vided, if the loan is sought to be paid ofif in full pre- vious to the time specified for payment in the con- tract, then the party so paying said loan shall pay in addition to the principal and interest then due on such loan the interest on the principal for six months in advance of date of such payment. All proceedings in regard to investments in first mortgages as provid- ed in this chapter shall conform to and be governed by the laws of the state of North Dakota in such case made and provided. Said board of university and school lands shall not purchase or approve the pur- 190 GENERAL SCHOOL LAWS Satisfaction mortgages. Records. of Funds to be held by state treasurer. Also be custo- dian of securi- ties. chase of any bonds or mortgages except at a legal session thereof, nor unless every member of the board is notified by the secretary of said board in time to be present at such meeting, and notified also that the question of purchasing or acting on a proposition for the purchase of certain bonds or mortgages is to be considered at the meeting, nor unless a majority of all the members vote in favor of such purchase, and the vote on the purchase of every bond and mortgage shall be taken by the yeas and nays and shall be duly recorded in the books of the board. Sec. 2. SATISFACTION OF MORTGAGE LOANS ON REAL ESTATE.— The governor and superintendent of public instruction, who are re- spectively the chairman and secretary of the board of university and school lands, are hereby empowered and required to jointly satisfy real estate mortgages given to the board of university and school lands whenever the loans secured by such mortgages shall have been fully paid, as attested by the records in the office of the state treasurer. Sec. 3. REPEAL. — All acts or parts of acts in conflict with this act are hereby repealed. Sec. 156. RECORDS TO BE KEPT BY SEC- RETARY. — The secretary shall enter in a suitable book kept for that purpose a full and correct record of all the proceedings of said board at each session thereof, which record when approved shall be signed by the president or presiding officer of the meeting and the secretary. Sec. 157. TREASURER CUSTODIAN OF FUNDS. — All moneys belonging to the permanent funds of the common school and other public institu- tions derived from the sale of any of the public lands or from any other source shall be paid to and held by the state treasurer and be subject to the order of such board, and shall be paid over to order of the board for investment as provided in section 155 of this ar- ticle, whenever the board requires the same for such investment. The state treasurer shall also be the cus- todian of all bonds, notes, mortgages and evidences of debt arising out of the management of the permanent funds derived from the sale of any of the public lands of the state or from any other source. STATE OF NORTH DAKOTA 191 Treasurer to collect moneys due. Sec. 158. INVESTMENTS. HOW UNPAID MONEYS TO BE COLLECTED.— It shall be the duty of the state treasurer, from time to time as the same become due, to collect all moneys due and owing on any and all of the securities held by him for in- vestment or for permanent funds, and from time to time, whenever required by the board, to make report of the amount of such collections to the board, and a duplicate of the same to the state auditor. If any such moneys shall remain unpaid for thirty days af- ter the same shall become, due and payable, he shall make report in detail of all such unpaid amounts to the board who shall place the matter in the hands of the attorney general for collection whenever they shall deem it for the best interests of the state so to do, whose duty it shall be to proceed to collect the same by civil action, to be brought and prosecuted in the name of the state. Past due ac- counts attor- ney general to collect — when. Sec. 159. FORECLOSURE. ASSIGNMENTS. —Mortgage loans made under the provisions of this chapter may be foreclosed either by action or adver- tisement, in the same manner and upon the same no- tice as required in other real estate foreclosures. When foreclosure is made by action said action shall be brought and prosecuted in the name of the state ; provided, further, that the board of university and school lands may, and it is hereby authorized and em- powered to assign any or all of said mortgages, when- ever in the judgment of said board it will be for the best interests of the state so to do ; provided, how- ever, that said board shall not accept as a considera- tion for said assignment any amount less than the principal and interest due upon said mortgage or mortgages. Such assignments when made shall be executed by the governor and attested by the secre- tary of state with the great seal of the state of North Dakota attached. Sec. 160. MANNER OF INVESTING PER- MANENT FUNDS.— In the investment of perman- ent funds under its control such board shall author- ize the state auditor to draw his warrant on the state treasurer, payable out of the proper fund, for the purchase of the bonds or mortgages, which warrant previous to delivery, shall be registered by the state treasurer in a book provided for that purpose. Foreclosures. Assignments. Permanent funds — how invested. 192 GENERAL SCHOOL LAWS Sec. 161. INCIDENTAL EXPENSES OF BOARD, HOW PAID.— The necessary incidental expenses of the board shall be paid out of the state treasury, and upon satisfactory vouchers therefor the state auditor shall issue hi's warrant for the same. Incidental ex- penses — pay- ment of. Interest — ap- propriation for. Commissioner — term of office. Vacancy. Compensation. Deputy. Powers and duties of com. missioner. Sec. 163. APPROPRIATION FOR INTE:REST. — There is hereby annually appropriated such sums as shall be found necessary for the expenses of purchase, and payment of accrued interest at the time of the purchase, of investment bonds or mortgages for the permanent funds under the control of said board, pay- able from the respective fund for which said pur- chase is made. Sec. 163. TERM OF OFFICE OF COMMIS- SIONER. — The first term of office of the commis- sioner provided for in this article shall be for three years from the date of his appointment and until his successor is appointed and qualified, and after the ex- piration of the first term, a^ll succeeding terms shall be two years, and until his successor is appointed and qualified, subject to removal by the board. In case of vacancy by death, removal, resignation or any other cause, the board shall fill the same by appointment. Sec. 164. SALARY OF COMMISSIONER.— The commissioner shall Teceive an annual salary of one thousand eight hundred dollars. Sec. 165. DEPUTY COMMISSIONER.— By and with the consent of the board, the commissioner may appoint a chief clerk, who before entering upon any of the duties devolving upon him by said appoint- ment shall take and subscribe the oath of office re- quired by law and shall execute to the state a bond with one or more sureties in the penal sum of five thousand dollars conditioned for the faithful dis- charge of his duties. Article 2. — Land Commissioner. Sec- 166. DUTIES.— The commissioner, under such directions as may be given by the board of uni- versity and school lands, shall have general charge and supervision of all lands belonging to the state, of all lands in which the state has an interest or which are held in trust by the state. He shall have the cus- tody of all maps, books and papers relating to any of the public lands mentioned in this article. He shall STATE OF NORTH DAKOTA 193 Records. Seal. procure the proper books, maps and plats in which to keep a complete record of all lands owned or held in trust by the state for schools, public buildings and for all other purposes, and shall keep true record of all the sales, leases, permits, patents, deeds and other conveyances of such lands made by the state, amount of money paid, date of sale and payment, description of land sold or leased, number of acres thereof, name of purchaser and designation of the fund that should be credited therewith. He shall direct all appraise- ments, sales, leases; shall execute all contracts of sale, leases, permits or other evidences of disposal of the lands subject to approval by the board. Upon all con- tracts, leases or permits issued by the commissioner he shall certify the book and page where the same is recorded. He shall have an official seal with a pro- per device thereon; and the seal of the commissioner affixed to any contract of purchase, receipt or other instruments issued by him, duly countersigned by him as approved by the board, according to the provisions of this article, is prima facie evidence of the due exe- cution of such contract or other paper. He shall bi- ennially report to the legislative assembly through the board his work during the preceding term, showing the quantity of lands sold or leased and the amount received therefor, the amount of interest moneys re- ceived to the credit of the several funds, expense of administration of his department, and all such other matters relating to his office as shall be necessary. It shall also be the duty of the land commissioner to re- ceive and present to the board of university and school lands all ofiFers for sale of bonds. He shall also prepare all bonds in connection with the invest- ment of the permanent school fund. He shall keep such books as rnay be necessary to register and de- scribe all bonds and mortgages purchased or taken by the board of university and school lands for the benefit of any of the permanent funds under its con- trol. Such books shall be ruled so as to permit the ^^^^ records, registry of the name and residence of the person offering to sell any such bonds or mortgages, the dis- trict for which such offer is made, a description of the property covered by the mortgage, and a full and detailed description of every bond, whether United States, state or school district, and the date, number, series, amount and rate of interest to each bond and when the interest and principal respectively, are pay- Report. —IS— 194 GENERAL SCHOOL LAWS able ; and such record shall be made of every such bond and mortgage before the board shall act upon the question of purchasing the same. He shall also keep in suitable books a record showing a detailed quarterly statement of the condition of all the perman- ent funds under control of said board, the amount of each fund, how invested, when due, interest paid and any other act in any manner connected with the man- agement of said funds, and shall biennially report all such investments to the governor to be laid before the legislative assembly. All such records and record books shall at all times be open for inspection by the public. Quarterly statement of funds. Records pub- lic. County board of appraisers. Duty. Appraisal of lands. Article 3. — Appraisement and Sale of School Lands. Sec. 167. COUNTY BOARD OF APPRAISAL, DUTIES OF.— The county superintendent of schools, the chairman of the board of county commis- sioners and the county auditor of each county shall constitute the "County Board of Appraisers" of the public lands of the state in and for their county. The county board of appraisal in each county shall upon the request of the board of university and school lands, designate on or before such date as it may specify, the public lands of the state in their county, that in its judgment can be sold for teti dollars an acre or upwards on the terms prescribed in this article, designating the tracts separately and giving an ap- proximate estimate of their selling value. Thereupon the commissioner shall, if so ordered by the board of university and school lands, prepare a list and order an appraisal of such lands as shall be designated in such list, and it is made the duty of such board of ap- praisers within ten days after the receipt of such list to examine such lands and appraise them at their cash value, as nearly as can be determined, describing each tract or subdivision in parcels not greater than one hundred and sixty acres, more or less, according to the government survey, and in smaller subdivisions thereof if so listed by the commissioners, and set op- posite each described tract or parcel of land the ap- praised value per acre thereof ; and when such ap- praisal is completed, which shall not be later than thir- ty days after the receipt of the order directing it, the county board of appraisers, or the members of the same who made such aopraisement, shall certify to its STATE OF NORTH DAKOTA 195 correctness, and make duplicate copies thereof, one of which shall be forwarded immediately to the board of university and school lands, and the other filed in the office of the county auditor for reference. And in addition to the appraisal of such lands the county board of appraisal shall furnish such other information re- garding the lands as may be required by the commis- sioner in the manner and form prescribed by him. The report of such appraisal shall be verified by each of such appraisers, and shall disclose any interest, real or contingent, that any of such appraisers has in any of the lands or improvements so appraised. Any appraiser who wilfully makes any false state- ment in such report, relative to such interest in any of the lands so appraised or improvements thereon, shall be deemed gwilty of a misdemeanor. For all services performed under the requirements of this article the appraisers shall be paid at the rate of three Compensation. dollars per day and actual traveling expenses, upon vouchers approved by the secretary of the board of university and school lands to be paid by the state treasurer upon warrants issued by the state auditor, s. School District N'o. 53, I N. D. 479- II. Te.\chers. (a) Employment — Void zvithout Certificate. — A contract duly executed between the proper officers of a school district and another person, by the terms of which said person is employed as a teacher in a pub- lic school in said district, is void, where such person at the time of making the contract, holds no certificate of authority to teach in the county where the district is located. . Hosmer vs. Sheldon School District No. 2, 4 N. D. 197. Prohibited con- tracts. Employment — void without certificate. 228 GENERAL SCHOOL LAWS Certificate will not relate back. (h) Certificate Will Not Relate Back. — The sub- sequent procurement of such certificate will not enable such person to recover against the district damages for the breach of such contract. Hosmer vs. Sheldon School District No. 2, 4 N- D. 197. Assignee — bona fide pur- chasers. Rights and duties of pur- chasers of Teachers with- out certificates ■ — warrants void. III. Warrants. (a) Assignee — Bona Fide Purchasers. — As school warrants are not negotiable so as to cut off defenses an assignee cannot recover thereon as being a bona fide purchaser. Goose River Bank vs. Willow Lake School Township, i N. D. 26. Capital Bank of St. Paul vs. School District No. 53, I N. D. 479. People's Bank of St. Paul vs. School District No. 52, 3 N. D. 496. (b) Rights and Duties of Purchasers of Warrants. — Persons purchasing obligations apparently issued by municipal corporations must see that the powers of the corporation have not been exceeded. Farmers and Merchants' Nat. Bk. vs. School Dis- trict No. 55, 6 Dakota 2^^. The purchasers of school bonds, for value, and be- fore maturity, and without notice that any of the con- ditions of the statute relating to the proceedings to authorize the issue of the bonds had not been com- plied with, could rely upon the certificate of the coun- ty clerk that the preliminary proceedings had been complied with. Flagg vs. School District No. yo, 4 N. D. 30. Where the statute provides that the bonds should not issue unless the title to the school site was in the school board, the certificate of the county clerk that such conditions as to title had been complied with was final as against the school district in favor of a bona fide purchaser. Flagg vs. School District No. 70, 4 N. D. 30. (c) Teachers Without Certificates — Warrants Void. — No teacher shall be employed to teach, who does not hold a lawful certificate; and every warrant issued to such teacher is without consideration and void. Goose River Bank vs. Willow Lake School Townships i N. D. 26. STATE OF NORTH DAKOTA 229 (d) Non-negotiable Warrants. — School township warrants are not negotiable instruments in the sense Non-negotiable that their negotiation will cut off defenses to them ex- '^'^"^" ^' isting against them in the hands of the payee. Goose River Bank z's. Willow Lake School Toivnship, i N. D. 26. OFFICERS. IV. Superintendent of Schools. County Superintendents — Compensation. — Sec. 653, Rev. Codes, which prescribes the salaries of county superintendents of schools, construed, and held, that said section requires the salaries shall be computed upon the basis of the number of schools or separate departments of graded schools presided over by superintendents, which have been taught at least three months in the preceding year, and shall not be computed upon the number of schools which have been taught less than three months. This construc- tion of said section is not of that doubtful character which would warrant the courts in following a con- trary interpretation placed thereon by the department of public instruction. Wiles vs. Mcintosh, 10 N. D. 5P4. That portion of Section 652, Rev. Codes, 1899. which provides that "in counties having sixty schools the board of county commissioners shall appropriate one hundred dollars for clerical assistance I'n the county commissioner's office and five dollars for each additional school to be paid monthly. * * *" con- strued. Held, That the appropriation required to be made by said section is not for the personal benefit of superintendents, but is to create a fund to pay the county's obligations to such clerks as shall be lawfully employed in that office. Held, further, that said sec- tion does not make county superintendents custodians of such funds, or authorize them to audit the accounts of clerks which are to be paid therefrom. Such ac- counts are to be audited and paid the same as other accounts, the amounts of which are not fixed by law. State vs. Heinrich, 11 N. D. 31, 88 N. W. Rep. 732. Count super- intendents — compensation. 230 GENERAL SCHOOL LAWS Judgment against school district — en- forcement. SCHOOL DISTRICTS. V. Judgments. (a) Judgment Against School District — Enforce- ment. — Where a judgment is obtained against a school township organized under chapter 44 of the laws of 1883, on an indebtedness of a school district for whose indebtedness such school township became liable un- der section 144 of such statute, the judgment creditor may proceed to enforce such judgment, the same as any other judgment against such school township. Coler vs. Chopin — / N. D. 418. (b) Mandamus to Compei Payment of Judgment. — Where a judgment is obtained against such a town- ship on an indebtedness of a school district and subse- quent to the entry of such judgment the township is divided into twO' school districts, the judgment cred- itors may proceed to enforce such judgment against such districts, and each will be required by mandamus to levy a tax sufficient to pay its pro rata share of such indebtedness, based upon the amount of its taxable property. Coler vs. Choppin. — 10 N. D. 86. VI. Organization and Government of Schools, Mandamus proceedings. Build school houses and issue warrants — - when. Contracts ultra vires — ratifica- tion. I. POWERS AND DUTIES OF SCHOOL BOARDS. (a) Build School Houses and Issue Warrants — When. — Where the statute required that the voters of a school district should select a site for a school house, and the district, without this having been done, select it, built a school house and issued warrants therefor without the authority or ratification of the voters, the warrants were void. Farmers and Merchants' Nat. Bk. vs. School Dis- trict No. 55, 6 Dakota 2j^. (b) {Contracts Ultra Vires — Ratification. — Where a Contract is void because the district board has no au- thority to make it, it cannot be made binding upon the district by subsequent ratification by the inhabitants. Capital Bank of St. Paul vs. School District No. 5J^ I N. D. 4'/g, distinguishing Capital Bank of St. Paul vs. School District No. 8j, 6 Dak. 248. Farmers and Merchants' National Bank vs. School District No. 55, 6 Dak. 255. STATE OF NORTH DAKOTA 231 (c) Limitation of Indebtedness. — The school board Limitation of in.Q6utccxn.6SS cannot exceed the tax levied, in building a school house. Fanners and Merchants' Nat. Bk. vs. School Dis- trict No. 55, 6 -Dak- 255. Capital Bank of St. Paid TS. School District No. 85, 6 Dak. 248. Capital Bank of St. Pant vs. School District No. 53, I N.D. 479. (d) School Board R&sponsible for Lost Funds. — Where bonds were regularly issued, but were deliv- ered to a bank to be negotiated and sold, and the pro- feOTonsiw^'^'for ceeds were never turned over to the school township, lost funds, the school board was wholly responsible for the loss. ' Prairie School Tozunship z's. Hascleu, 3 N. D. 328. (e) School Toivnship Treasurer — Cannot Sell Bonds. — The school board is the official governing board of the school township and has full power and School town- , . . • 1 11 1 1 r 1 ®"'P treasurer authority, to issue, negotiate, and sell bonds of the —cannot seii school township, as have been duly voted by the elec- tors for the purpose of building a school house ; and that the township treasurer acting independently, has no authority, under the law, and by virtue of his office as treasurer, to issue, negotiate, or sell bonds. Prairie School Tonmship vs. Hascleu, 5 N. D. 328. (f) School House Site — Hozv Selected. — The dis- trict school board must submit the selection of site for fite^how°"sei- school house, and the building of school house to the e^ted. voters. Farmers and Merchants' Nat. Bk. vs. School Dis- trict No. 5j, 6 Dakota 2^j. 2. POWERS AND LIABILITIES OF SCHOOL DISTRICTS. (a) Boundaries of School Districts — How Changed. — When petitioned by a majority of the cit- izens of a district, it is the duty of the county super- intendent to divide hi's county into school districts, subdivide and rearrange the boundaries of the same. Dartmouth Savings Bank vs. School District 6 Dak. 332. Upon organizing into a civil township of a portion of the territory comprising a school township corpor- ation, held, construing sections 658 and 659 revised Boundaries of school districts — how changed. 232 GENERAL SCHOOL LAWS codes, that such civil township continues until segre- gated therefrom by the commissioners and county su- perintendent of schools, upon petition of the voters. State ex. rel. Laird vs. John Gang, lo N. D. 551. Estoppel by ^^) Estoppel by Acts or Representations of Oifi- acts or repre- cers. — The officcTS of a school township cannot estop officers?'^^ ° the township, by representation, expressed or- implied, that the facts to authorize the issue of lawful warrants exist. Goose River Bank vs. Willozu Lake School Tozvnship, i N. D. 26. (c) Implied Powers. — School districts being spe- impiied powers, cial Statutory creations, have only such implied powers as are necessary to accomplish the purpose of their existence. ' ' Farmers and Merchants' Nat. Bk. vs. School Dis- trict No. 53, 6 Dakota 255. Organization — (d) Organization — Estoppel to Dispute. — A put°e^^^' ^^ ^^^' school district is not estopped to question the legality of its organization. Dartmouth Savings Bank vs. School District 6 Dak. 5Js. Haseleu, j N. D. 328. APPENDIX D Notes and references. Vacancies, how caused. NOTES AND REFERENCES. Note 1. Section 3J:3 fixes the bond of the super- intendent of public instruction at $5,000. Note 2. Section 343 fixes the bond of the county superintendent at $500. Note. 3. Article 9 provides for the filling of vacan- cies. Section 359 provides when vacancies occur. Sec. 359. VACANCIES, HOW CAUSED.— Ev- ery office shall become vacant on the happening of either of the following events : 1. Death of incumbent. 2. His insanity judicially determined. 3. His resignation. 4. His removal from office. 5. Hi's failure to discharge the duties of his office, when such failure has continued for sixty consecutive days, except when prevented from discharging such duties by sickness or other unavoidable cause. 6. His failure to qualify as provided by law. 7. His ceasing to be a resident of the state, dis- trict, county or township in which the duties of his office are to be discharged, or for which he may have been elected. 8. His conviction of a felony or any offense in- volving moral turpitude or a violation of his official oath. 9. His ceasing to possess any of the qualifications of the office prescribed by law. 10. The decision of a competent tribunal declaring void his election or appointment. See also section 863. Temporary absence from the district for which the officer is chosen does not work a forfeiture of the of- fice. The failure to elect a successor in office does not create a vacancy. STATE OF NORTH DAKOTA 235 Note 4. Section 775 does not confer upon the county superintendent authority to take acknowledge- ments. Note 5. COUNTY SUPERINTENDENT, SALARY OF. — In determining the salary of the county superintendent that officer is entitled to include the actual number of schools or separate departments in graded and high schools over which he has general superintendence, or official supervision. (See Sec- tions /6^ and //S.) The fact that a county superintendent becomes per- sonally responsible for the accounting from special and independent districts as to reports of clerks and treasurers, which must be filed in his office for the pur- pose of statistics and the apportionment of the state school fund, does not, of itself,, constitute "general superintendence" or "official supervision." Note 6. Under section 778 a person to be qualified to hold the office of county superintendent must hold a state certificate or a first grade county certificate. Such first grade need not be issued in the county in which the county superintendent resides, but must be of legal effect at the time the holder assumes the du- ties of the office. ' Note 7. The amendment to section 786 passed by the legislature of 1899, was declared to be unconstitu- tional by the supreme court in the case of Plummer vs. Borsheim, 8 N. D. 565, N. W. Rep. 690. This restores section 786 of the revised codes of 1895, which will be found in its proper place. Note 8. Section 793, revised codes, does not per- mit the organization of a district when there are twelve or more children of school age therein, with the requisite amount of taxable property, as specified by section 786, revised codes. Note 9. ELECTIONS, TERMS OF OFFICERS. — No vacancy exists to be filled by appointment when a school board fails to hold an election at the time pre- scribed when a school board, fails to hold an election at the time prescribed in article -1 of the general school laws. The officers whose terms expire and whose successors would have to be chosen at a regular elec- tion do not vacate their office but hold until their suc- cessors are duly elected and qualified agreeably to the provisions of sections 797, revis.ed codes. County super- intendent, salary of. Elections, i of officers. 236 GENERAL SCHOOL LAWS Who entitled to vote. School privi- leges. Note 10. Section 799 prescribes who is qualified to vote or hold office and refers to the following sec- tion which embodies section 121 of the constitution. Sec. 605. WHO ENTITLED TO VOTE.— Ev- ery male person of the age of twenty-one years or up- wards, belonging to either of the following classes, who shall have resided in the state one year, and in the county six months, and in the precinct ninety days next preceding any election, shall be a qualified elec- tor at such election : First — Citizens of the United States. Second — Civilized persons of Indian descent who shall have severed their tribal relations two years next preceding such election, provided, he has complied with the provisions of any law which is now or may in the future be in force relating to the reg- istration of voters, and all persons possessing the qualifications mentioned in this section, and who have resided in this state one year, shall be eligible to any office in this state, except as otherwise provided in the constitution; provided, however, that persons shall vote in the precinct where they reside and not other- wise, except in the case of voters otherwise qualified, moving from one voting precinct to another, within the same county, in which case they shall have a right to vote in the precinct from which they move until they have resided ninety days in the precinct to which they move. Note 11. Section 807 provides for the appoint- ment of a clerk. Note 12. Section 808 provides for the regular meet- ings and fixes the salary of each director. No addition- al compensation is allowed for special meetings. Note 13. There is no conflict between sections 817 and 905 relating to a breach of the conditions of a school treasurer's bond. Section 770 is merely cum- ulative prescribing that action against the treasurer failing or neglecting to pay over funds belonging to the district may be begun by the district school board, or the county superintendent or any taxpayer. Note 14. SCHOOL PRIVILEGES FOR NON- RESIDENT PUPILS.— Under section 824, revised codes, the school board is empowered "to admit pupils from other districts when it can be done without in- jury or overcrowding such schools." The board is further authorized and empowered to make regula- STATE OF NORTH DAKOTA 237 School hoTose, location of. tions for their admission and payment of tuition. Whether or not any provision be made for admission of non-resident pupils is discretionary with the board. Note 15. SCHOOL HOUSE, LOCATION OF. — A school board may not lawfully erect a school house upon public school lands unless the board ac- quires title to the site the same as title would be ac- quired to any other land. Note 16. ENUMERATION.— Persons can be enumerated only in the district in which they have a legal residence. The legal residence of a parent or guardian is the legal residence of the child. Where a party resides at two or more different places during the same year, it appears by the decisions of various courts that it is a privilege of said party to determine which place is his legal residence unless he exercises his rights of citizenship, for instance, by voting or at- tending caucus at one place or the other. Such ac- tion would indicate his real intention. Enumeration. Note 17. STATE SCHOOL FUND NOT TO BE USED IN SUPPORT OF PRIVATE OR DE- NOMINATIONAL SCHOOLS.— Under section 152 or article 8 of the constitution no money raised for the support of public schools of the state shall be appro- priated or used for the support of any sectarian school. There is nothing contained either in the constitution or statutes which warrants any other use of the funds than for the support of the common schools. Note 18. TEACHERS' PERMITS.— A permit to teach must not be issued to a person under the age of 18 years. i Note 19. TEACHERS' CONTRACT NOT AF- FECTED BY CHANGE IN ORGANIZATION OF DISTRICT. — A contract made and entered into be- tween a general school district and a teacher is not modified by reason of reorganization of said general district into a special district during the time for which the contract was made, and the district is not relieved from the fulfillment of the obligation. Note 20. TEACHERS' SALARY WHEN SCHOOL CLOSED ON ACCOUNT OF QUAR- ANTINE. — If under the general quarantine regula- tions a school be closed in due form, the teacher's right to collect pay for the time school was closed is governed by the general jaws relating to employer and State school fund. Teachers' per- mits. Teachers' con- tracts. Teacher's sal- ary. 238 GENERAL SCHOOL LAWS Treasurer's bond. employe. During the time said school is closed the teacher is under contract subject to the pleasure of the board, and during the existence of such contrr ct is unable to be a party to another. , Note 21. TEACHER'S REPORT AND SAL- ARY. — A teacher is entitled to pay at the close of Teacher's re- ^^^^ month's work, cxccpt for the last month in any, port and salary, term, when the same may be withheld until correct reports are made and filed by the teacher, as provided by section 881, revised codes. This section does not authorize the withholding of the teacher's wages for any other month in the term. Note 22. Section 913 requires the certificate of the county auditor in addition to section 187 of the constitution and other statutes as to the issue being within the debt limit. I These are applicable to spe- cial and independent districts as well as general dis- tricts. Note 23. TREASURER'S BOND.— In a special school district the treasurer of the city, town or village is treasurer of the board of education. By reason of being under bond as treasurer of a municipal cor- poration he is not relieved thereby from giving bond as treasurer of said school district, under section 968, revised codes. Note 24. ALIENS NOT ENTITLED TO A CERTIFICATE OR PERMIT.— Under section 875 a county superintendent is forbidden to issue a certifi- cate or permit to teach to any party who is not a citi- zen of the United States unless he has resided in the United States one year last prior to the time of such application for such certificate or permit. A declar- ation of citizenship alone does not entitle one to either certificate or permit. Note 25. Section 1269 provides for the designa- tion of an accounting officer for each public institu- tion and defines his duties. Note 26. Sections 6710 and 6711 pertaining to holidays are as follows : Sec. 6710. HOLIDAYS.— Holidays are every Sunday ; the first day of January, which is New Holidays. Year's day ; the twelfth day of February, which is the birthday of Abraham Lincoln ; the twenty-second day of February, which is the birthday of George Wash- ington; the fourth day of July, which is the anni'ver- AHens. STATE OF NORTH DAKOTA 239 When follow- ing day holi- day. Bond. sary of the Declaration of Independence ; the twenty- fifth day of December, which is Christmas day ; the thirtieth day of May, which is Memorial day ; the first Alonday in September, which is labor day ; every day on which an election is held throughout the state and every day appointed by the president of the Unit- ed States or by the governor of t\v<^ state for a pub- lic fast, thanksgiving or holiday. Sec. 6711. WHEN FOLLOWING DAY HOLI- DAY. — If the first day of January, twelfth day of February, the twenty-second day of February, the fourth day of July, the thirtieth day of May, or the twenty-fifth day of December falls upon a Sunday, the Monday following shall be the holiday. Note 28. Section 401, relating to bonds by offi- cers, is as follows : Sec. 401. Each civil officer elected by the people or appointed by the governor or by any other author- ity, provided by law, except the governor and the offi- cers and members of the legislative assembly, judges of the supreme and district courts, county commis- sioners, court stenographer, the mayor and aldermen in cities, the president and trustees in villages, but including township treasurers, clerks, justices of the peace and constables, shall, before entering on his du- ties, give a bond conditioned for the faithful and im- partial discharge of the duties of his office (naming it fully), and render a true account of all moneys and property of every kind that shall come into his hands as such officer and pay over and deliver the same ac- cording to law. Note 29. Section 403, relating to the approval of bonds, is as follows : ' Sec. 403. APPROVAL OF BONDS.— The bonds of all state and district officers shall be given to the state, shall be approved by the governor as to sufficien- cy, and by the attorney general as to form and such bonds and a duplicate original of the oaths of all such officers shall be deposited in the office of the secre-' tary of state. The secretary of state shall keep a book in which shall be made a correct copy of such bond, which shall be called the "bond record" and. when such bonds shall have been recorded they shall be deposited with and kept on file in the office of the state treasurer, except the bond of the state treas- urer, which shall be deposited with and keot on file in Approval bonds. of 240 GENERAL SCHOOL LAWS the office of the state auditor. The secretary of state and state treasurer on receipt of such bonds shall issue a receipt therefor and such receipt shall be filed in the office of the state auditor. The bonds of all county, township and municipal officers under the county shall be approved by the states attorney as to form and by board of county commissioners as to sufficiency, and such bonds and a duplicate original of the oaths of office of all other such officers shall be filed with the county auditor, except the bond and oath of state auditor, which shall be filed with the clerk of the district court for the county or judicial subdivision. The bonds of township officers shall be approved by the chairman of the board of supervisors of the town- ship. Note 30. The use of lignite coal is rnade obliga- tory by the following section : Sec. 1390. PUBLIC INSTITUTIONS TO USE. — The various state institutions, county buildings and public school houses of this state shall use for fuel, native or lignite coal, and it shall be unlawful for any officer to purchase for use in institutions, county build- ings, and public schools any coal other than that taken from the mines within the boundaries of this state; provided, that the comparative cost of such fuel is not greater than that of lignite coal. This section shall not be construed, however, as prohibiting the use of wood at such institutions, county building and public schools, when the cost thereof does not exceed that of native coal, or the use of coal other than native lignite at such public schools as are located six miles or more from any mine or railroad station within the boundar- ies of this state; provided, that the comparative cost of such fuel is not greater than that of lignite coal. Public institu- tions to use. Note 31. Section 433 authorizes the superintend- Deputies. cnt of public instruction and other state and county officers to appoint deputies and prescribes the manner of appointment. Note 32. The oath of office prescribed by Sec- tion 211 of the constitution is as follows: "I do sol- Oath of office, eninly swear (or affirm, as the case may be) that I will support the constitution of the United States and the constitution of the state of North Dakota; and that I will faithfully discharge the duties of the office of according to the best of my ability, so help me God" (if under oath), (under pains and STATE OF NORTH DAKOTA 241 Fidelity bonds. penalties of perjury), if an affirmation, and no other oath, declaration, or test shall be required as a qualifi- cation for any office or public trust. Sec. 408. FIDELITY BONDS.— Whenever any county, township, city, village or school district officer, hereafter elected, shall be required by law to give or furnish a bond for the faithful performance of his duties, such bond may be executed by some respon- sible surety, fidelity, insurance or bonding company, authorized and qualifi.ed to do business within the state of North Dakota, and approved by the board of com- missioners, trustees, supervisors, council or directors charged wifh the approval of the same ; the premium for such bond shall be audited by such board and paid out of the general fund of the county, township, city or school district, as the case may be, for whose benefit the same is given. This act shall not affect the provisions of section 343a of the revised codes relating to county treasurers. nor the furnishing of a personal bond by any officer as may be provided for by any existing law. APPKNDIX E SCHOOL CALENDAR. January. First Monday (odd numbered years) — Terms of office of state superintendent begin. Second Tuesday — Regular meeting of district school board. February. Third Monday — Apportionment of state tuition fund. March. Second Friday — County examination for teachers certificates. April. Second Tuesday — Regular meeting of district school board. May. Last Friday — County examination for teachers certificates. Third Monday — Apportionment of state tuition fund. ' —16— School calendar 242 GENERAL SCHOOL LAWS June. District clerks to take enumeration before June 20. At least fifteen days before first Tuesday — District school board designates polling places and causes three notices of election to be posted. 'First Tuesday^ — Annual school election at 2 p. m. Within five days after annual election — Clerk to furnish each person elected with a written notice of election. Within ten days after annual election — District clerk forwards to county superintendent a certified list of all officers elected. Third Tuesday — Annual election in special dis- tricts. Thirtieth — School year ends. July. 1st. — School year begins. 1st. — Assessor furnishes school district clerk, coun- ty superintendent and auditor the amount of assessed valuation. i Second Tuesday — Regular meeting of district school board. Second Tuesday — District school board organizes and elects a president and clerk. Second Tuesday (on or before) — School treasurer gives bond and qualifies. Before 20th — District school board and board of education levy tax. Immediately thereafter — District clerk and clerk of board of education notify county auditor the amount levied. Section 721 and 801. August. Third Monday — Apportionment of state tuition fund. Section 711. Last Friday — County examination for teachers certificates. October. Second Tuesday — Regular meeting of district school board. Last Friday — County examination for teachers. November. 1st. — (On. or before in even numbered years) — Superintendent makes report to governor. First Tuesday after first Monday (in even num- bered years) — Election of superintendent and county superintendent. STATE OF NORTH DAKOTA 243 Third Monday — Apportionment of state tuition fund. December. 1st (On or before in even numbered years) — The report of the state superintendent is printed. APPENDIX F Appeals. RULES AND FORMS PERTAINING TO OPINIONS, DECIS- IONS AND APPEALS. See sections 629, 644 and 645. Decisions by the superintendent of public instruc- tion will be given only when appeals are made in due Decisions, form from decisions of county superintendents of schools. Appeals must be made through the office of county superintendent, and in the form prescribed by this of- fice. The county superintendent will transmit an appeal, with a copy of the decision from which it is taken, to this office, with all papers and all the testimony offered by parties interested and upon which his deci- sion is based, and he will state any further informa- tion he may possess which has affected his decision. To all of which he shall attach his certificate and offi- cial seal. All appeals from decisions of school boards to coun- ty superintendents must be taken within sixty days. All appeals from decisions of county superintend- ents to the superintendent of public instruction must be taken within ninety days. In all proceedings relating to the revocation of teachers' certificates the charge must be made in writ- ing and verified the same as pleadings in district courts. Such charges must be filed with the county superintendent, and a copy of the same served person- ally on the party against whom such charges are made, not less than fifteen days before the day set for official investigation of such charges. All allegations must be verified by oath, and all pe- titions must be accompanied by affidavits to the effect that the petitioners constitute such a portion of the community affected, as is required by law. ' 244 GENERAL SCHOOL LAWS 0-pinions as to the meaning and application of the law in all school matters should be first sought from opinions. tne county superintendent. County superintendents submitting questions to this office upon the meaning and administration of the law, or seeking advice of any kind relating to their official business, will be an- swered cheerfully and as promptly as the business of the ofiice will permit. Note — ^County superintendents have no jurisdic- tion in imposing fines, or in removing school district officers from office. In .case of appeal to the county superintendent against the action of the district school board, the ap- pellant shall use substantially the following form : AFFIDAVIT OF APPEAL. STATE OF NORTH DAKOTA, | > ss. Affidavit of ap- County of ) , peal. vs. School District I, being duly sworn, on oath say : that on the day of A. D. 190. ., the school board of said school district rendered a decision (or made an order) whereby (here state facts, affiants interest in the decision, and the jury to that interest) ; that the school board in rendering the decision (or making the order) afore- said, committed errors as follows. (Here state er- rors charged.) Subscribed and sworn to, by .' , before me this day of ., A. D. 19.... c. . NOTICE TO CLERK OF APPEAL. STATE OF NORTH DAKOTA, Notice to clerk County of of appeal. ss. VS. School District Clerk of the School Board of , School District You are here- STATE OF NORTH DAKOTA 245 by notified that has filed in my office an affidavit alleging that said school board, on the day of , A. D. 19 , , , made a decision (or order) whereby (here describe the de- cision or order so that the clerk may identify it) and claiming an appeal therefrom. You are hereby re- quired within ten days after receiving this notice, to file a complete transcript of the proceedings of the school board relating to said order together with cop- ies of all papers filed with you pertaining to said ac- tion appealed from. County Superintendent of Schools for. County. Dated at this day of A. D. 19... In response to the above notice the clerk of the district school board will make a transcript, being an exact copy of that portion of the records of the pro- ceedings of the meetings relating to the action ap- pealed from, with the date of the several meetings, and an exact copy of each petition, remonstrance, plat or other paper relating to said action, submitted to the board. To the transcript thus made the district clerk will clerk's cer- certify as follows and forward the whole to the coun- ti^cate. ty superintendent : STATE OF NORTH DAKOTA, j V ss. County of ) I, , Clerk of the School Board of School District , County of , State of North Dakota, hereby certify that the foregoing is a correct and complete transcript of the record of all proceedings of the School Board, and of all papers filed relating to the case vs School District District Clerk. -Jated this day of , A. D. 19... On receipt of the certified transcript, as above, the county superintendent will notify the appellant, the chairman and clerk of the district school board, and other persons known to be interested, as follows : 246 GENERAL SCHOOL LAWS NOTICE OF HEARING OF APPEAL. STATE OF NORTH DAKOTA, ) Notice of hear ing SS. "f appeah ■ County of County super- intendent's cer- tificate of transcript. VS. School District To You are hereby notified that there is on file in this office a transcript of the proceedings of the school board of school district , had at a meeting held on the day of A. D. 19..., in relation to (here describe the decision or order appealed from) from which appeal has been taken; and the appeal will be heard before me at in said county, on the day of , A. D. 19 ... , at . . o'clock . . m. County Superintendent of Schools for County. Dated at this day of , A. D. 19... The date of filing of every paper should be en- dorsed 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. In case of appeal from the decision of county super- intendent, a transcript should be made consisting of a literal copy of every paper filed, and all endorsements thereon, together with all evidence given ; the whole arranged in chronological order and closing with the decision of the county superintendent in full. The following certificate should be annexed thereto, and the whole transmitted to the superintendent of pub- lic instruction: ' COUNTY SUPERINTENDENT S CERTIFICATE OF SCRIPT. TRAN- STATE OF NORTH DAKOTA, ss. County of ) I, , County Superintendent of Schools -for County, State of North Dakota, hereby certify that the foregoing is a correct and complete transcript of the record of all the proceedings had, evidence given, and papers filed STATE OF NORTH DAKOTA 247 in my office, and my ruling thereon ; also my decision in the case of vs School District County Superintendent of Schools for County. Dated at this day of , A. D. 19 APPENi3IX G EDUCATIONAL DIRECTORY. Superintendent of Public Instruction — Walter L. Stockwell. ^^^^ ^. Deputy — ^Edwin J. Taylor. directory. University of North Dakota, Grand Forks ; Estab- lished 1883; Opened 1884. Franklin McVey, President. Agricultural College, Fargo, Established 1890 ; Opened 1890. John H. Worst, President. Normal School, Valley City; Established 1890; Opened 1893. George A. McFarland, President. Normal School, Mayville ; Established 1890 ; Opened 1893. Thomas Hillyer, President. State Normal and Industrial School, Ellendale; Es- tabhshed 1890; Opened 1899. W. M. Kern, President. Academy of Science, Wahpeton; EstabHshed 1890; Opened 1903. Earl G. Burch, President. School for Deaf and. Dumb, Devils Lake; Established . 1890; opened 1890. Dwight F. Bangs, Principal. Reform School, Mandan ; Established 1890 ; Opened 1902. J. W. Brown, Superintendent. School of Forestry at Bottineau ; Established 1907. J. A. Kemp, President. School for Feeble Minded at Grafton; Established I 1890. Dr. La Moure, Superintendent. 248 GENERAL SCHOOL LAWS School for the Blind at Bathg^ate; Opened 1907. B. P. Chopple, Principal. High School Board — All members ex-officio — John Burke, Governor; W. L. Stockwell, Superin- tendent of Public Instruction; Franklin McVey, President University of North Dakota. Board of University and School Lands — All members ex-officio — President, John Burke, Governor; Vice President, Alfred Blaisdell, Secretary of State; Secretary, W. L. Stockwell, Supt. Public Instruction; D. K. Brightbill, State Auditor; Andrew Miller, Attorney General. Land Commissioner — Alexander MacDonald; dep- uty, W. P. Thurston. INDEX ACADEMY OF SCIENCE— Section Page Board of trustees 1093 161 appointment of 1094 161 compensation 1097 162 meetings 1094 161 powers 1095 161 prescribe conditions of admission 1096 162 quorum 1099 162 records open to inspection 1099 162 Instructors, from what fund paid 1097 162 Location 1092 160 Object 1092 160 State treasurer, custodian of funds 1098 162 Tuition or fees, how used 1098 162 ACCOUNTS— County treasurer to keep with school districts 852 70 Form of, for district treasurer '. 850 69 ACTIONS— Brought in name of the state 899 92 Child labor, employment of, who may bring 899 92 Compulsory laws," for violation of 895 91 District treasurer failing to pay over money 905 93 Who may institute 817 44 On school treasurer's bond 817 44 States attorney to prosecute 896 91 Adjacent territory, how attached 949 108 ADJUTANT GENERAL— Loan of muskets to University 1061 152 Return of muskets to state 1062 153 ADVERTISING— (See contracts: school and public lands.) Proposal for building school houses 918 99 AGE— Compulsory attendance 894 89 Deaf and feeble minded 894 90 Requisite for county certificate 875 81 ■ for first grade certificate 875 81 for normal certificate 871 78 250 INDEX AGRICULTURAL COLLEGE— Board of trustees — Section Page annual report to governor 1111 165 appointment 1102 163 biennial report 1127 168 commission issued to 1103 163 compensation ....^ 1104 163 degrees, may confer 1112 166 duties as to funds 1105 164 instructors to employ 1105 164 location • IIOO 162 may remove 1107 165 manage institution 1101 163 meetings 1104 163 oath of office 1103 163 organization 1103 163 quorum 1103 163 report to commissioner of agriculture 11.1 1 165 salaries, shall fix 1107 165 superintendent of construction 1105 164 treasurer, bond 1103 163 bond required llli 166 vacancies 1102 163 Course of study 1106 164 Degrees may be conferred 1112 166 Faculty, report annually to trustees 1110 165 rules may be adopted by 1108 165 Geological survey (see sections 121-1132) 166-168 President, duties of 1109 165 Rents, penalties, etc., from lands 842 55 ALIENS— See Appendix D, note 24 38 Teachers certificate not granted to 875 82 ANNEXATION— County commissioners may annex districts, when .... 788-789 33 APPEALS— Applicants for teachers certificate may appeal, when and how 874 80 From decision of county superintendent, how taken .... 770 27 Superintendent of public instruction shall decide 754 21 Practice, state superintendent shall prescribe 754 21 APPORTIONMENT— Basis of 848 67 County tuition fund, county superintendent makes 855 72 State tuition fund, county superintendent makes 773 27 state superintendent makes, when 844 65 withheld, when 835, 847 52-66 INDEX 251 APPROPRIATIONS— Section Page Institute fund 891 87 Libraries 750 20 State high schools 1034 140 Traveling expenses, state superintendent 763 23 ARBITRATION— See board of arbitration 864 75 ASSESSORS— County superintendent to furnish with maps of school districts 769 26 Furnish statement of valuation 857 73 ASSESSMENTS— (See Taxes.) ATTENDANCE— (See Truant Offiecer.) Compulsory, age for 894 89 Length of time 894 89 Who exempt 894 89 Penalty for failure to comply with law 895 91 For failure of officer to enforce law 896 91 BALLOTS— Form of, election to divide district and for special dis- trict 941 106 BANKS— Designated as depositaries, how 921, 922 100 BIBLE— Not to be excluded from- schools as sectarian book . . . 888 86 BLANKS^ County superintendent to distribute 767 25 State superintendent to prepare , 750 20 BLIND— Enumeration of 835 52 BLIND, SCHOOL FOR— School for blind 1152-1159 174-176 BOARD OF adjusters- How composed 858 73 Levy taxes, when 858 73 BOARD OF ARBITRATION— Appointment of ; 864 75 County superintendent and county treasurer, members of 864 75 Duties 865 75 Taxes levied by 866 75 Collection of 867 66 252 INDEX BOARD OF EDUCATION— Section Page Acquire and dispose of property 960 (4) 112 Annual school tax 960 114 Assumes control, when 969 llo Census, must take 960 (15) 112 Clerk 957 111 duties of 959 111 compensation, none 955 110 Contracts, not to be interested in 955 110 how let 965 114 Corporate name 950 109 Disposal of school property 957 111 Election of 953 110 Canvass of returns 975 117 Certificate of election 976 117 Organization of election board 974 117 Precincts and officers 974 117 Establish free schools 960 (1) 112 And maintain high schools , 960 (3) 112 Expenses of board and clerk 960 (10) 113 Grading and government of pupils 960 (11) 113 Have custody of all school property 960 (7) 112 Interest coupons, payment of 985 122 Investment of sinking funds in mortgages 983 ' 121 Maintain and discontinue schools 960 (2) 112 Meetings 956 111 Oath of office 978 118 Officers and organization 957 111 Powers and duties 960 111 President, duties of 958 111 Quorum 954 110. Records 959 111 Report, must publish 960 (13) 113 when and to whom made 960(13) 113 Resolution to provide for tax levy for interest and sink- ing fund 982 119 Rules and regulations, to make 960(11) 113 School houses, to buy or build 960 (4) (5) 112 Schools, under whose superintendence 962 113 Sinking fund, investment of " 983 120 Superintendent to employ 960 (9) 112 Surplus funds, disposal of 991 123 Suspension of pupils 960(11) 113 Tax levy to pay interest and sinking fund 982 119 Teachers, duties as to 960 (8) 112 relative of board not to be 960 (8) 112 Treasurer, custodian of funds 961 113 who is 966 114 duties of 967 115 INDEX 253 BOARD OF EDUCATION— Continued. Section Page Vacancies 977 118 Visit schools 960(12) 113 Independent district, annual meeting 999 125 compensation 1000 126 contracts, not to be interested in 1000 126 election of 997 125 canvass of votes 997 125 expenditures must not exceed revenues 1013 181 general powers enumerated lOlO 130 how elected 996 * 125 may admit non-resident pupils 1012 113 member at large 996 125 member, penalty for refusing to act 1018 133 meetings 1001 126 officers 999 125 quorum 996 124 real estate, how conveyed 1015 131 secretary of 1002 126 shall notify members elect 1018 132 style and powers 999 125 taxes, powers of board . . . '. 1003 127 vacancies 998 125 visit schools 1011 131 Special districts — election in, notice of 971-972 116 form of 973 117 non-resident pupils, admission of 960(14) 113 under special act, election of 1020 133 officers of old district hold over 1025 134 qualifications 1020 133 relations of, may not be teachers 1023 133 term of office 1021 133 BOARD OF UNIVERSITY AND SCHOOL LANDS— The laws governing the board of university and school lands, providing for the management and sale of all state and school lands and for the investment of all permanent school and institution funds will be found in sections 152 to 230 inclusive, on pages 187 to 218, inclusive. BONDS, MUNICIPAL— Cancellation, record of 917 99 Certificate of county auditor 913 96 Debt limit 981 119 Decisions of Supreme Court, Appendix C 226 Denomination of 912-2989 95-222 Description of 913 ,96 254 INDEX BONDS, MUNICIPAL— Continued. Division of indebtedness Election for issue of, by board of education Execution of, by board of education How issued How secured Indebtedness, for what incurred limit of Independent school districts — authority to issue must show what interest fund interest on issue limited when taxes insufficient limit of issue may issue for school houses already built negotiated how refund of refunding, issuance of law governing may be exchanged register of what to show school board may purchase 914 sinking fund and interest, tax levy for special district and school district to pay surplus fund, disposal of what must specify 981 BONDS, MUNICIPAL, REFUNDING— Issue limited Necessity, determined by board Negotiable, when Proceeds used only for purpose for which issued . . School boards may issue School districts may refund bonds Sinking fund, tax for Treasurer to keep register BONDS, OFFICIAL— Notes 2829, Appendix D Action of school treasurers Bank, must give as depositary Board of education City treasurer as treasurer of independent district Contractors must give For labor and material for public buildings 6252 Section Page 946 107 980 119 2991 223 910 94 986 122 2979 221 2979 221 1006 128 1006 128 3000 223 912 95 912 95 , 979 lis 912 95 919 99 915 98 2988 222 988 122 990 123 989 123 913 • 96 987 122 914 97 3001 224 914 07 947 108 991 123 981 119 2998 146 2993 .44 2999 146 2995 145 2994 145 2992 144 2997 145 2996 145 239 905 93 923 101 968 115 1008 129 918 99 6252 224 INDEX 255 BONDS, OFFICIAL— Continued. Section Page Sureties 6254 224 Where filed "^ . . 6255 225 County auditor to furnish blanks 409 220 Decisions of Supreme Court (Appendix C) 226 School treasurer (notes 13 and 24, Appendix D) 236 same 811 41 additional when required 812 42 action on . 81,7 44 Treasurer agricultural college 1103 163 same 1114 166 blind asylum 1154 174 Trustees industrial school '. 1176 182 Surety company 813 42 same (Appendix D) 408 41 Where filed 817 44 BOOKS— Free text 1028 136 List for libraries, state superintendent to furnish 750 20 BOUNDARIES— Conformity with congressional townships 786 31 County commissioners may re-arrange 786-792 31-34 How changed 793 35 Independent school district 995 124 new districts 787 32 no change in 785 31 humane treatment of animals to be taught 884 85 school board may adopt additional 826 47 teachers examined in what 874 80 BRIGHTWOOD SCHOOL TOWNSHIP— Special law (Appendix A) 219 Authority to issue bonds 143 BUDGE, WILLIAM— Life member board of trustees of university 1041 146 CALENDAR— School (Appendix E) 241 CENSUS— Board of education may take 960(15) 113 Enumeration (Note 16, Appendix D) 237 how made and when 835 52 reports, to whom sent 835 53 CERTIFICATES— (See examinations and certificates.) CHILD LABOR— Penalty for 898 92 Prohibited when 897 9 ! Prosecution for 899 92 256 INDEX CHILD LABOR— 'Continued. Section Page Cliapter 153, Session Laws 1909. Age when unlawful to employ children 57 Must keep on file employment certificate 57 List must be posted 57 Accessible to whom 57 Must furnish evidence as to age, when 57 - Employment certificate issued by whom 58 Employment certificate issued on what evidence 58 Qualifications of child 58 Certificates, what to contain 59 School record, what to contain 59 Hours of employment 60 Inspection of places of work 60 Employments prohibited .^ 60 Not to be employed where intoxicants are sold 61 Penalty 61 Prosecution, how brought 62 CITY COUNCIL— Ordinances as to property of independent districts .... 1017 132 CITY TREASURER— Bond of 1008 129 Funds of independent district to be paid to 1007 128 CLERK OF SCHOOL DISTRICT— (See district clerk.) COMPULSORY EDUCATION— (See truant officer.) Defectives 894 89 Exceptions 894 89 Penalty for neglect 895 91 Prosecutions 896 91 What children must attend school 894 89 CONTRACTORS— Bond, must furnish 918, 6252 99-224 how executed 6254 225 where filed 6255 225 CONTRACTS— . Advertised for 909 94 Decisions of Supreme Court 226 How let 965 114 by board of education 965 114 Officer must not be interested in 902 93 Of irregular district ratified 796 36 Proposals for 909 94 School board must not be interested in 1000 126 Teachers, must be in writing 823 46 when void 875 82 INDEX 257 CONVEYANCE— Section Page Of real estate 1015 131 CORPORATION— School district is 794 36 COUNTY AUDITOR— Certificate on bonds 913 96 Duty as to levy for state institutions as to school bonds 913 96 as to taxes of independent district 1004 127 Levy tax to pay bonds 91/6 99 To furnish blank bonds 409 220 To furnish school district plats 795 36 COUNTY COMMISSIONERS— Appropriations in aid of county institutes 893 89 Duty as to feeble minded 1168 17S as to organization of school district 787 82 Formation of new districts 786 32 may rearrange territory, when 786 32 COUNTY SUPERINTENDENT— Acknowledgments, power to take (Note 4, Appendix D) 235 Action on district treasurer's bond 817 44 Advise and direct teachers 766 25 Apportion state funds 773 27 Assessors, furnish with plats 769 26 Bond of (Note 2, Appendix D) 234 Carry into effect instructions of state superintendent . . 767 25 Conference with state superintendent 757 21 Convene teachers 767 25 Decide questions of school law 770 27 Decisions of supreme court (Appendix C) 226 Deputies, may appoint 777 29 Duties as to school elections 798 37 Election of 764 25 Elections, duties as to 798 37 to form special district, must call 939 105 to elect officers for special district, must call 944 107 to divide district, must notify whom of result 942 106 Examination of teachers by 873 79 papers sent to state superintendent 873 79 Funds, apportionment of 773 27 state tuition fund 848 67 notice to district treasurer of apportionment 848 68 payment not authorized unless treasurer's bond filed.. 847 67 General duties 765 25 Institute fund, how raised 772 27 statement of 890 87 use of • 772 27 Instruct officers in record keeping 769 26 —17— 258 INDEX COUNTY SUPERINTENDENT— Continued. Section Page Meet with school officers 769 26 Notify clerk and county auditor of appointment to fill vacancies 861 74 district treasurers of apportionment 848 67 Not to be absent from county 780 30 to have any other business 780 30 to teach ' 779 30 Oaths, may administer, when 771 27 Office rent, postage, etc 776 28 Officers, instruct in record keeping 769 26 meet with 769 26 Permits to teach 874 80 Plats, furnish assessors with 769 26 Qualifications 778 30 Same (Note 6, Appendix D) ; 235 Records of 768 26 Removal of, when 781 30 Report to state superintendent 775 28 Salary and how determined' 777 28 same (Note 5, Appendix D) 235 withheld until report is filed 775 28 School law, decide questions of 770 27 Seal of 768 26 Special districts, call election to form 939 105 State funds, apportionment of 773 27 Tuition fund, apportionment of 848 67 withheld, when 847 66-67 Teach, must not 779-782 30 Teachers, advise and direct 766 25 convene for instruction 767 25 certificate, may revoke 774 27 notice of revocation, published 878 83 when 878 83 permits tO' teach . . . '. 874 80 Teachers' institutes, consult with state superintendent. .. 892 88 notice of , 886 . 85 Term of office 764 25 Vacancy - 860 74 Visit schools 766 25 Who may vote for 764 25 COUNTY TREASURER— Accounts with school districts 852 70 Notify clerk of payments made to district treasurer . . 851 70 When to pay funds to district treasurer 851 70 COURSE OF STUDY— In common schools 883 84 JFor normal schools, (Chap. 100, Laws 1909) 23 INDEX 259 DEAF AND DUMB ASYLUM— . Section Page (See school for deaf and dumb) 1133 169 DEFECTIVES— Compulsory education of 894 89 DEPOSITORIES— Board designates 921. 100 Bonds of depository '922 100 Additional, when 923 102 Time deposits 926 103 Checks, how signed 932 104 Equal balances 925 102 Funds to be deposited 920 100 Highest bid accepted 923 101 How selected 927 103 Interest 931 104 four per cent limit 928 103 Minimum amount 935 105 Monthly statement 931 103 More than one 925 102 Penalty for violation 936 105 Proposals for deposit 923 101 Time deposit, when 926 102 Treasurer exempt from liability 934 104 Where there is one bank or no bank 933 101 When bids not required 933 104 DEPOSITORIES— SPECIAL DISTRICTS— Bond of 983 120 How established 983 120 School board may designate 914 97 Statement, must furnish, when 914 98 DEPUTIES— Appointment of (Note 31, Appendix D) 240 County superintendent, salary of 777 29 DIRECTORY— EDUCATIONAL— Names of officers (Appendix G) 221 DISTRICT CLERK— Appointment of 807 40 Same (Note 11, Appendix D) 236 Census 835 52 Compensation • 810 41 Duties 810 41 as to bond issue 913 96 False reports, penalty for 907 93 Notify county auditor of tax levy 854 827 71-47 persons elected on school board 804 39 also county superintendent 804 39 Post notices of election 798 37 260 INDEX DISTRICT CLERK— Continued. Section Page Qualifications (Note 11, Appendix D) 236 Records open to public 836 53 Tax levy, notify county auditor 854, 827 71, 47 Vacancy, how filled 862 74 DISTRICT HIGH SCHOOLS— Adjacent districts may unite 884 52 Course of study 834 52 How established 834 51 Length of term 834 51 EDUCATIONAL ASSOCIATION— State superintendent to publish proceedings 762 22 distribution of 762 22 EDUCATIONAL DIRECTORY— Names of officers (Appendix ■ G) 247 ELECTIONS— Board, how constituted 802 39 By secret ballot 129 11 Canvass 803 89 Certificate of election 804 39 Conduct of 803 39 District officers, when elected 797 37 For district high school 834 51 school sites 834 51 Notice of 801 38 Form of 798, 801 37-38 Of county superintendents 764 25 Officers, county superintendent to appoint 798 37 oath of 802 39 Polls open, hours 800 38 Polling places, county superintendent to fix 798 37 Question of conveying pupils 832 50 Term of office (Note 9, Appendix D) 235 Tie, how determined 803 39 Vacancy in board 802 39 Who may vote 799 38 ELECTION FOR BONDS— General statutes 2980 224 to issue 910 94 ballots 911 95 Called on petition 911 _ 95 Notice of 911 95 By board of education 980 119 Board of education 953 110 Canvass of returns 975 117 Certificate of election 976 117 Election precincts and officers 974 117 Organization of election board 974 117 INDEX 261 ELECTION FOR BONDS— -Continued. Section Page In independent districts 992 123 Ballots, form of 994 124 Conduct of 997 125 Compensation of election board 997 125 Notice of 993 123 Special district, organization of 951 109 ballots, form of 941 106 conduct of 940 106 notice of 940 105 Special district, board of education 971 116 notice of 972 116 form of 973 117 Under special act board of education 1020 133 how conducted 1022 133 EMBEZZLEMENT— ■ What is 904 93 EMINENT DOMAIN— Exercise of 830 49 ENGLISH LANGUAGE— To be used exclusively 837 53 EQUALIZATION OF INDEBTEDNESS— By board of education 1026 135 Of independent district under special act 969 115 EVIDENCE— Transcript from clerk's record is prima facie 959 111 EXAMINATIONS AND CERTIFICATES— Examination of teachers 869 77 by county superintendents 873 79 Fee for certificate 872, 875, 876 79-82 Certificate, to whom granted 875 81 to whom not granted 875 81 where valid 875 82 revocation when 877 82 how revoked 872 79 procedure 878 83 fact of revocation published, when 878 83 university graduates entitled to 1054 151 Normal graduates entitled to 871 77 Professional certificates, how obtained 870 77 State certificates lapse, when 870 78 State certificates, first class 871 78 State certificates, second class 871 78 Certain diplomas rated as certificates 871 78 Grades how established ,... 874 80 Permits to teach 874 80 Questions to be prepared by state superintendent 751 20 262 INDEX EXAMINATIONS AND CERTIFICATES— Continued. Section Page Re-examination 874 81 Special in music, drawing, kindergarten, etc 871 79 EXPENDITURES— Not to exceed revenues lOlS 131 FARGO, CITY OF— Independent district (Appendix A) 219 FEEBLE MINDED— Compulsory education 894 89 Enumeration of 835 52 FINES AND PENALTIES— Child labor 898 92 Compulsory education 897, 898 91-92 Disturbing schools 90S 94 Embezzlement of funds 904 93 Failure to display flag 1029 136 to endorse unpaid warrants 906 93 to make reports 377 220 False reports 907 94 Falsifying election returns 901 92 Neglect of duty by a school officer 900 92 Officer being interested in contract 902 92 Refusing to- act as member of board of education 1018 132 Speculation in office 9402 225 Trustee of industrial school interested in contract 1177 182 Under city ordinances 1017 132 Unlawfully drawing school money 903 93 FIRE ESCAPES FOR SCHOOL HOUSES— Chapter 124, Laws 1909. Fire escapes, provides 55, Duty of school officers 55 Penalty 55 FLAG— (See United States Flag) " 1029 136 FORESTRY, SCHOOL OF— (See School of Forestry) 1231 185 FREE KINDERGARTENS— Chapter 103, Session Laws 1900. Kindergartens may be established 62 Cost, how paid 62 Teachers, certificates for 62 FREE TEXT BOOKS— Contract for, time limit 1027 135 Price lists, publishers must file 1027 135 Provided, when 1028 136 Publishers must deposit samples 1027 ■ 135 School board has authority to adopt and supply 1027 135 INDEX 263 GEOLOGICAL SURVEY— Section Page Appropriation for 1070 154 Duty of trustees of university 1068 154 Trustees of university shall cause to be made 1063 153 GOVERNOR— Ex-officio member of board of management of normal schools 1077 156 of high school board 1031 139 HEALTH AND DECENCY— Duties of school board as to 1038 142 HIGH SCHOOLS— Board of education to establish and maintain 960 (3) 112 HIGH SCHOOL BOARD— Amount paid to classified schools 1034 140 Appropriation for aid 1034 141 Appropriation limited 1035 141 Examination of students for admission 1032 139 Funds pro rated if appropriation is insufficient 1034 141 Members to serve without pay 1035 141 must visit schools or designate some one to visit 1034 ' 140 names of (Appendix G) 247 Of whom composed 1031 139 Powers of 1036 141 Records of 1037 142 Requirements for classification 1033 140 What schools entitled to be classified 1032 139 HITCHING POSTS— Board must provide four 1089 142 holidays- No school on 882 84 What are (Note 27, Appendix D) 238 ILLITERACY— Legislature to prevent 151 12 IMPROVEMENTS TO SCHOOL GROUNDS— Chapter 201, Session Laws 1909. Tree planting 56 Fences 56 Amount expended annually 56 INDEBTEDNESS— Bonds to pay outstanding 910 94 Equalization of 964 75 by board of education 969 115 Indebtedness declared legal, Chap. 49, Session Laws 1909 63 Bonds may be issued when 64 Pending actions not interfered with 64 264 INDEX INDEPENDENT SCHOOL DISTRICTS— Section Page Bonds, authority to issue * 1006 128 Boundaries of 995 124 Debts of old districts, new to assume 1019 133 Election of boards of education 92 123 Funds of, paid to city treasurer 1007 128 how kept and how paid out 1009 129 Health and decency, duty of board as to 1038 142 How organized 992 123 Name of 995 124 Special Laws (Appendix A) 219 Taxes , limitation 1005 127 Title to property is in district 1014 131 Treasurer, report of, when 1016 132 contents of 1016 132 Under special law, abolished 1024 134 equalization of debts and assets 1026 135 INDUSTRIAL SCHOOLS— (See Normal and Industrial School.) INSTITUTE FUND— (See School funds) 876 82 How created 772 27 Use of 772 27 INSTITUTION FOR FEEBLE MINDED— (See sections 1160 to 1171, inclusive; pages 176 to 180, inclusive.) INTEREST— Unpaid warrants bear -815 43 INTEREST FUND— For bonds, general statute 3000 223 LAND GRANTS— To educational institutions ■ 17, 216 9-17 Sale of lands 160 14 LIBRARIES— Appropriation for 750 20 District . . . . ; 822 45 District and traveling, state superintendent to select and purchase books for 750 20 Library commission (see state library commission) .... 136 LIGNITE COAL— State institutions to use (Note 30, Appendix D) 240 LISBON, CITY OF— Independent district (Appendix A) 219 MAINTENANCE— Of state institutions 838, 839, 840 54 INDEX 265 MORALS, PUBLIC— Section Page Importance of, to be taught 149 12 Instruction 888 86 MORTGAGES— Investment of schools funds in 983 120 Not to exceed ten years 983 120 by whom and on what lands 983 120 foreclosure 984 122 paid after five years 984 121 NARCOTICS— Duty of board as to 76 7 Effect to be taught 75 7 ditto 883 84 Examination of teachers with respect to 77 7 NON-RESIDENT PUPILS— Board of education may admit 860 (14) 1012 113-131 when (Note 14, Appendix D) 236 NORMAL AND INDUSTRIAL SCHOOL— Board of trustees, appointment of 1174 180 bond 1176 181 compensation 1175 181 disposition of funds, shall direct 1178 183 meetings, when, where, number 1175 181 not to be interested in contracts 1175 181 oath of 1176 181 organization 1175 ISl quorum 1175 181 reports, when, by, to whom 1180 184 shall audit accounts 1178 183 term of office 1174 181 vacancies, how filled 1174 181 Building, erected where 1177 183 plans and specifications for 1176 182 proposals for 1177 183 Endowment 1173 180 Faculty, powers 1179 184 reports 1180 184 trustees shall employ 1179 184 Gifts, donations, etc • 1178 183 Location 1172 180 Management 1174 180 Object 1172 180 State treasurer, custodian of funds 1178 183 Superintendent of construction 1177 182 Military instruction to be given (Chap. 167, Session Laws 1909) 184, 185 266 INDEX NORMAL GRADUATES— Section Page Certificates, first and second class 871 78 Professional 870 77 NORMAL SCHOOLS— Board of management, compensation 1080 157 consisting of how many 1077 156 duties as to funds 1083 158 fix salaries of employes 1084 158 for each normal school 1076 156 have management of property 1084 158 propose names- of teachers 1084 159 report to trustees 1084 159 Board of trustees, biennial report 1089 160 commissions 1079 157 , compensation *. . . . 1080 157 determine length of school term 1085 159 ex-officio members 1077 156 fix salaries of instructors ■ 1085 159 how constituted 1077 156 meetings, when and where 1080 15.7 limit 1080 157 organization 1078 156 secretary 1078 156 salary 1080 157 term of 1078 156 vacancies 1078 156 Course of study (subs. 2, 3, 4, page 23) 1082 158 Diplomas, who entitled to 1090 160 Endowment and maintenance 1075 156 Faculty, annual report of ' 1088 160 powers and duties of 1086 159 Graduates, normal certificates 871 78 professional certificates 1091 160 Grant county certificates of the second grade (Chapter 100, session laws 1909) 232 Land grant 17 9 Location, where 1074 156 Management of 1076 156 Non-sectarian 1082 158 Object 1082 158 Principal, duty of 1087 159 Qualifications 1078 156 State professional certificate 1091 160 State treasurer to keep funds 1081 157 Superintendent of construction 1063 158 compensation of 1083 158 Tax levy for maintenance — 15-100 of a mill for Valley City 838, 839, 840 54 13-100 of a mill for Mayville 840 54 INDEX 267 NORTH DAKOTA ACADEMY OF SCIENCE— (See Academy of Science.) Section Page NORTH DAKOTA EDUCATIONAL ASSOCIATION— Teachers may attend 53 Board may allow 63 OATH OF OFFICE— Board of education 978 llf; Filed with clerk 978 11« Form of (Note 32) . . 978 118-240 Where filed 817 44 OFFICE— Term of (Note 9, Appendix D) 235 OFFICIAL BONDS— (See bonds, official.) PENALTIES— (See fines and penalties.) PERMITS TO TEACH— Granted, when 874 80 To whom granted 875 81 not granted 875 81 PHYSICAL EDUCATION— Teachers to give 889 87 POLL TAX— County auditor to levy 855 72 POOL ROOMS— (See public places, certain.) PRESIDENT OF SCHOOL BOARD— (See school board.) PROPERTY— May be taken by gift or devise 1014 131 Not subject to lien 1014 131 Title to is in district 1014 131 PUBLIC INSTITUTIONS— Location of 215, 216 16-17 PUBLIC MORALS— To be inculcated by teachers 888 86 PUBLIC PLACES, CERTAIN— Minors, under 18 years of age and pupils of local high schools not allowed to visit, be employed or play games in (Chapter 130, Laws 1909) 143 when may be allowed to visit, play games or be em- ployed in (Chapter 130, Laws 1909) 143 Penalty (Chapter 130, Laws 1909) 143 PUPILS— . Teachers may suspend 825, 886 47-86 may grade 887 86 268 INDEX QUARANTINE— Section Page Effect on teachers' salary (Note 21, Appendix D) ..... 238 READING CIRCLE— (See Superintendent of Public Instruction.). REAL estate- How conveyed 951 109 ditto 1015 131 REFORM SCHOOL— Continuation and use 10325 187 Land grant to ^ 17 9 Location of •. 10325 187 REFUNDING BONDS— (See bonds, municipal.) REPORTS, OFFICIAL— Superintendent of public instruction 760-761 22-22 SALARY— County superintendent 77 28 District treasurer 818 44 Superintendent of public instruction 763 23 Teachers,' graded 823 46 SCHOOL BOARD— Action on treasurer's bond 817 44 Annual statement, treasurer must publish 814 43 Blanks, must furnish 409 220 Bonds, may purchase 914 1 14 Cancellation of paid bonds 917 9l) Census 935 -52 Clerk of 807 4.' ditto (Note 11, Appendix D) 236 compensation 810 41 duties 810 4l vacancy 862 74 Compensation 808 4r. ditto (Note 12, Appendix D) 236 Consolidation of schools 832 50 Contracts, not to have interest in 902 92 Course of study and additional branches 826 47 Depositaries, may designate 914 97 District high school, election for 834 51 Employ and dismiss teachers 823 46 Equalization of indebtedness 864 75 Fix length of school held each year 832 50 Free text books, power as to 1027 135 Funds, treasurer pays out, how 814 43 Furniture and apparatus 822 45 Indebtedness, equalization of 864 75 INDEX 269 SCHOOL BOARD— Continued Section Page Investment of funds 983 120 may buy bonds 983 (3) 121 Government and discipline of schools 825 47 Health and decency, duties as to 1038 142 Hitching posts, must provide 1039 143 How constituted 806 40 Length of school year 832-833 50,51 Library 822 44 Meetings, regular 808 40 special 808 40 New school for remote pupils 831 49 Not less than six months school 832 49 Oath of office 806 40 Organization 807 40 Physical education, make provision for 889 87 Powers, general 819, 820, 821 44-45 President, duties of 809 40 duty as to compulsory education 896 91 Proposals for building school houses 918 99 Pupils, conveying 832 50 from other districts, may admit 824 46 from unorganized districts 824 46 non-residents, may admit (Note 14, Appendix D) .. 236 suspension and expulsion of 825 47 transfer, may 824 46 transportation of, routes of travel 832 50 Purchase of site 831 50 Quorum 806 40 Records, open to public 836 53 Remote pupils, new - school for 831 49 Repairs, fuel and supplies 821 45 Report library statistics 822 45 Schools, establishment of new for remote pupils 831 49 School house, may permit use for other purposes 828 47 conditions on which use is permitted 828 47 Speculation in office prohibited 9402 225 Stables, in rural districts, supplies, fuel and repairs... 1039-821 143-44 Tax levy 854 71 for sinking fund and interest on bonds 914 97 how made and when made 827 47 no abatement after notice to county auditor 827 47 Teachers, employ and dismiss 823 46 no relative employed without unanimous consent .... 819 44 Text books, free, powers as to 1027 135 Treasurer, bond of 811] 42 additional bond 812 42 action on 905 93 270 INDEX SCHOOL BOARD— Continued Section Page fidelity company 813 42 premium, district must pay 813 42 . vacancy 811-812 42 Truant officer, may employ when 896 91 Vacancies 861 74 SCHOOL CALENDAR— Appendix E 241 SCHOOL DISTRICTS— Apportionment forfeited 847 67 Bonds, meeting to vote on (see election's) 910 94 Boundaries 786 32 changed when districts in two townships i 792 (5) 35 future changes in 793 35 general changes in 792 (6) 35 rearrangement of 792 34 Civil township in a single district 792(1) 34 Conditions on which organized . 786 32 Congressional township a single district 792 (2) 34 Consolidated, when 792 (4) 34 Contracts of, irregular, ratified 796 36 County commissioners, duties of 786 31-32 County treasurer, accounts with 852 70 Debt of, bonded, to be included in — . 183 16 estimate 183 16 bonded in excess of 5 per cent void 183 16 credit of district, for what . . . .i 185 16 may be pledged 185 16 evidence of, to be properly endorsed 187 18 no bill to be paid until statement is filed and audited 186 16 not to exceed 5 per cent of valuation 183^ 16 payment of principal and interest to be provided for. . 184 16 Decisions of supreme court (Appendix C) 226-234 Divided when 943 107 Division to form special district 937 . 105 of property on division of district 945 107 of by natural obstacle 788 32 Election on bonds, petition for 911 95 Fractional township may be consolidated 790 33 General changes in boundary lines 792(6) 35 Having no school board, creditors, how paid 858 73 taxes in 858 73 Irregularities legalized 796 36 May sue and be sued, contract and hold property 794 36 Name of 791 33 New, how formed 787, 793 32-35 Notice of first election 798 37 INDEX 271 SCHOOL DISTRICTS— Continued. Section Page Not entitled tO' tuition fund unless enumeration taken... 847 66 unless 50 per cent of children enumerated attended school sixty days 835 52 unless school was maintained six months in old dis- trict and four months in new 847 67 Numbers of 791 34 old, retained " 791 34 Officers in new district i 797 37 election of 797 37 term of , 797 37 Organization (Note 8, Appendix D) 235 Partly organized territory 792 (3) 34 Petition for organization 786 31 Plats, county auditor to furnish 795 36 Polling places, fixed by county superintendent 798 37 Property pledged as security for bonds 986 122 Schools must be free 894(4) 90 School houses already built may be bonded for 919 99 Security for bonds, property is 986 122 Special and independent, entitled to tuition fund, when. 894 89 Territory in two counties, how divided 788 32 To conform to' civil township 785 31 Town or village divided by county line 789 33 Treasurer's bond, action on 905 93 Tuition fund, not entitled to unless enumeration taken. . 847 66 unless 50 per cent of children enumerated attended school sixty days 835 52 unless school maintained six months in old district and four months in new 847 67 What constitutes 784 31 What territory may be organized into 786 31 SCHOOL FUNDS— County tuition fund, how apportioned 855 (2) 72 how levied 855 72 Decisiions of supreme court (Appendix E) 241-243 Deposit in depository releases treasurer from liability.. 914 98 District funds controlled by treasurer 846 66 not entitled to unless enumeration made 847 66 unless children enumerated attended school sixty days 835 52 unless school was maintained six months in old dis- trict and four months in new 847 67 treasurer's books, how kept 846 66 Embezzlement of 904 93 How paid out ; 814 43 Institute fund, fee for certificates 876 82 Interest coupons, payment of 985 122 272 INDEX SCHOOL FUNDS— Continued. Section Page Investment of 983 120 school board may buy bonds 983 (1), (3) 155 120-121 in mortgages 983 (4) 121 Not to be used for private or denominational schools (Appendix D, note 17) 237 • Permanent and general funds 199 206 apportionment of 154 12 care of 165 15 created 13, 153, 159 8-12-14 investment of 162 15 proceeds from land sales 159 14 Special funds, defined 845 66 State tuition fund apportionment 843 64 by county superintendent 848 67 by state 844 65 county treasurer, duty of 844 64 defined 845 66 excess, how used 845 66 State tuition fund, how raised 843 64 how used 845 66 interest on permanent fund kept separate 844 65 independent and special districts entitled to, when . . . 849 68 new district 847 67 state auditor, duty of 844 65 warrants on state treasurer 844 65 Surplus, disposal of 991 123 withheld when clerk fails to make enumeration 847 66 when 50 per cent of children of school age do not at- tend school 60 days 835 52 when school is not maintained six months in old dis- trict and four months in new 847 66 Unlawful drawing, penalty for 903 93 When county treasurer to pay district treasurer 851 .70 SCHOOL OF FORESTRY— Board of directors, appointment of 1232 185 audit accounts 1235 186 commissions 1233 186 compensation 1234 186 meetings 1234 186 special 1234 186 oath 1233 186 organization 1238 186 quorum 1233 186 reports 1236 187 vacancies 1232 186 Course of study 1231i 185 Location 1231 185 INDEX 273 SCHOOL OF FORESTRY— Continued. Section Page Management 1232 185 Object 1231 185' Tax levy for maintenance 838 54 2-100 of a mill 840 54 SCHOOL HOUSES— Board of Education to buy or build 960 (4) (5) 112 Board of education must consult with county superin- tendent of schools and county superintendent of health on plans for construction, lighting, heating of etc 829 48 Board of inspection, who constitutes 829 48 duties of 829 48 Bonds for building 910 94 of contractors 6252 224 how executed 6252 224 Contracts for building 965 114 Location of (Note 5, Appendix D) 235> May be used for other purposes 828 4T Plats of one or two room buildings to be furnished by state superintendent 829 49 Proposal for building 918 99 SCHOOL LAWS— Revision of by commission, (Chapter 105, Laws 1909).. 24 Report to legislature (Chapter 105, Laws 1909) 24 Superintendent of public instruction shall publish 756 21 SCHOOL OF MINES— Land grant to 17 9 Location of 215(2) 17 Tax levy for maintenance 838 54 SCHOOLS, PUBLIC— Free public school system 783 30 Always under state control 152 12 Bible not to be excluded from 888 80 Close for teacher's institutes 885 85' Course of study 883 84 Must be free 894 89 Must be maintained 4, 69, 147, 148 8-10-11-12 Must be non-sectarian 147 11 Willful disturbance of, penalty for 908 94 SCHOOL SITES— Bonds for purchase of 910 94 How obtained 830 49 selected 829 48 New school for remote pupils 831 49 Purchase of 831 49 Reversion 830 49 —18— 274 . INDEX SCHOOL TREASURER— Section Page Accounts, how kept ■ 850 68- settlement, when .•.■...■.•...■....■.:: ....................... 850 68 Action on bond 817 44 ditto 905 93 Additional bond, when required 812 42 • Bond of 811 41 premium on 813 42 Bonds, municipal, shall negotiate 915 98 County treasurer to pay funds to, when 851 70 Deposit in depository releases from liability 914 98 Embezzlement of funds 904 93 ■ Endorsement on unpaid warrants 815 43 False reports, penalty for 907 94 Funds, how paid out '. 814 43 Liability, exempt from on deposit with depository 914 98 Notice to drawee of unpaid warrants 815 43 bond of 968 115 duties of 967 115 Records open to public 836 53 Reports, form of 850' 69 on -triplicate -. .' 850 69 raise, penalty for ^. 907 94 ; Salary of '. 818 44 Surety bond 813 42 Unlawful drawing of money 903 93 penalty for 903 93 Vacancy . , ,,,,,,,.,. 811 42 . Warrants, unpaid to be endorsed , , 815 43 penalty for failure 906 93 notice to drawee, when sufficient funds 815 43 When county treasurer to pay funds to 851 70 SCHOOL MONTH— Defined ••••.• 882 84 SCHOOL TERM— , Increased on petition 833 51 Length, and how fixed ,....,.,,..... 832 50 Maximum length of 833 51 'Special districts, length of , , 960(11) 113 SCHOOL WEEK— . . Defined 882 84 SCHOOL YEAR— . i Defined .,,,,..,,.,,,.,....,.,. .....,,, 882 84 fSEALS— '■'' Board of education, independent district 999 125 ''County superintendent 768 26 '■Superintendent of public instruction — 758 21 INDEX 275 SECRETARY BOARD OF EDUCATION- Section Page „ ^. r 1(002 l^o Duties of SINKING FUND- ^^^ ^^^ i"^^^^"^^"^ f -""'''"'""":::.:. 3001 224 To pay bonds SITES— (See school sites.) SPECIAL DISTRICTS- ^^ ^^^ Cr^^'^^no . ••••• ^^^ Constituted, when Division of property ••■• Duty of board as to health and decency ^^^ ^ - ^, . , r . 939 IOC Election to form ^^^ of board of education ;J . r 972 llo r^''^^ f 973 117 form of ^Qg Formation under present law -^^ ^^^ How organized ^ ■ ^^o Investment of funds ' May become part of general district, when, how J< ii^ '^^^'■'^'^ ■■ 937 105 What may become 210 9402 225 SPECIAL LAWS— Independent districts (Appendix A) SPECULATION— In office prohibited STABLES- ^ In rural districts ^^^^ STATE AUDITOR- Deaf and dumb school, issued certificates 1150 im Industrial school, warrants for 11^5 1«^ Institute fund, warrants on , °^" _ School funds, authority to draw warrants on 160 191 Tuition fund, state duties as to ^44 STATE GEOLOGIST- Professor of geology at university -L^oy a^ STATE HIGH SCHOOLS— (See high school board.) STATE INSTITUTIONS— Heads of (Appendix G) STATE PUBLIC LIBRARY COMMISSION— Appropriation (Chapter 156, Laws 1909) Assist in organizing libraries Composed, how Duties • Legislative reference bureau, shall establish 247 139 188 137 137 138 276 ^ INDEX STATE PUBLIC LIBRARY COMMISSION— Continued. Section Page Librarian, may appoint 138 Office, where 139 Officers 137 Powers 137 Records, what to consist of 138 Reports to legislature on what 138 Rules for transacting business, shall make 137 for borrowing, returning and caring for books 138 Term of office of members of commission 137 Vacancy, how filled 137 Who are members 137 STATE PROFESSIONAL CERTIFICATES 869 77 For life ,. 1091 160 Five years : . . 1091 160 STATE REFORM SCHOOL— (See reform school.) STATE TREASURER— Custodian of school funds 157 190 Of securities 157 190 Of funds of Academy of Science 1098 162 Of Industrial school 1178 183 Of Reform school (Revised Codes, 1905) 10329 Collect money due on securities 158 191 Keep funds of normal schools 1081 157 Report collections on school land sales 158 191 STATE TUITION FUNDS— (See school funds.) STATE UNIVERSITY— ■ (See university.) STATUTES— Not included in school laws (Appendix ,B) 220 STIMULANTS— (See narcotics.) STUDIES— Assignment by teacher 887 86 SUPERINTENDENT— Board of education may employ 960 (9) 112 Schools, supervision of 962 113 SUPERINTENDENT OF PUBLIC INSTRUCTION— Appeals from county superintendent, shall determine ... 754 21 Prescribe procedure 754 21 board of university and schools lands, member of . . . 749 19 bond (Note 1, Appendix D) 234 Books, reports and so forth to be preserved 748 19 Biennial report 760 22 INDEX 277 SUPERINTENDENT OF PUBLIC INSTRUCTON— Continued. Section Page Confer with county superintendents 757 21 Course of study in public schools, prescribed 752 20 for normal schools, Chapter 100, Laws 1909 23 County superintendents shall advise 754 21 Diplomas from university, endorsement of 1054 135 Educational association, publish proceedings of 762 23 Election of 747 19 Examinations, teachers shall prepare questions 751 20 Have general supervision of public schools 749 19 High school board, member of 1031 139 Normal school board, member of 749 19 ditto 1077 156 Office of 82 10 Powers and duties 83 10 Purchase books for district and traveling libraries 750 20 Qualifications for 82, 747 10,19 Records, shall keep 755 21 Biennial report, what to contain 760 22 Printing and distribution of 761 22 Revoke certificates 751 20 Salary 84, 763 10, 23 Traveling expenses 763 23 Term of office 82, 747 10, 19 School laws, shall have printed 750 20 Seal of 758 21 Supplies, blanks and so forth, to furnish 750 20 Teachers examinations, duties as to 869 77 Institutes, assist at 759 21 Appoint conductors 891 87 Cpurse of study prescribed 753 20 Rules and regulations prescribed 753 20 Reading circles prescribe course 753 20 Training schools, prescribe course 753 20 Text books, supply list of 1037 135 Vacancy .-, 859 74 SUPPLIES— State superintendent to furnish 750 20 SUPREME COURT DECISIONS— Appendix C 226-234 SUPREME COURT REPORTS— Secretary of state shall furnish university 1059 152 SURETY BONDS— May be required (Revised Codes 1905) 4455 SUSPENSION OF PUPIL— By school board ' 825 47 Teacher 886 74 278 INDEX TAXES— - Section Pag6 Annual school tax 964 Ill- Bonds issued when tax insufficient : . . . 979 118 Delinquent 855 (3) 72 Equalization of debts, maximum levy for 866 76 paid tO' district treasurer 867 76 How and when collected 853 70 In districts having no school board 858 78 Levy for sinking fwtd and interest "on bonds 914 98 ditto 982 179 how made and when 827 47 ditto 854 71 Maintenance of state institutions 838 54 Resolution by board of education tO' provide for 982 120 To pay bonds 982 120 To pay divided bonded indebtedness 866 76 To pay judgment ' 854,856 71-72 To pay previous debts and .to equalize 865 75 Maximum levy for all purposes 868 76 Refund when 853 71 School board cannot abate after notice to auditor 827 47 Uniform, must be 856 73 • What property taxable 963 114 Independent district — board of education, powers as to 1003 127 collection of 1004 127 limitation on 1005 127 School lands, when subject to 191 202 Support of state institutions, how apportioned .... 840-841 54-55 TEACHERS— Board of education, duties as to 960 112 Bible reading of 888 ' 86 Ce'rtificate and permit, to whom granted 875 81 aliens, not entitled to (Note 25, Appendix D) 238 Professional 869-1091 77,238 Third grade (Note 19, Appendix D) 237 Contract must be in writing 823 46 Not affected by change in district (Note 20, Appendix D) 237 When void 875 82 Decisions of supreme court (Appendix C) 226-234 Examination for certificates 869 77 Excuse from attendance at institute, when 769 26 Institutes, must attend 767, 885 25, 85 Penalty for failure •. 885 85 May suspend pupil 886 86 Moral instruction by 888 86 No compensation when 880' 83 INDEX 279 TEACHERS— Continued. Section Page Normal students in university to file declaration of inten- tion to teach 1057 152 Notice of beginning and closing terms of school 819 83 Permits to teach (Note 18, Appendix D) 237 Physical exercise, instruction in 889 87 Qualifications of 875 81 Re-examination when 874 80 Register, what to contain 881 83 Report to county superintendent 881 84 Report and salary (Note 22, Appendix D) 238 Salary in case of quarantine (Note 21, Appendix D) .. 238 graded 823 46 To grade pupils 887 8G Wages held back, when 881 84 Who may be 823 46, TEACHERS INSTITUTES— (See superintendent of public instruction.) Appropriation for 890 87 by county commissioners 898 89 Conductors, appointment of 890 87 Funds 890 87 ■■; how paid out 892 88 Notice of 885 85 Rules and regulations, state superintendent to prescribe 753 20 TEACHERS READING CIRCLE— (See superintendent of public instruction.) Fees from normal and professional certificates 872 79 TERM— Of office (Note 9, Appendix D) . . . 235 caunty superintendent 764 25 state superintendent 747 19 Of school (see school term). TERRITORY— Adjacent, how attached 949 108 Divided, when 943 107 by natural obstacle ^ ■ ■ • • 788 32 to form special district 938 105 In two counties 788 32 New districts may include what 787 32 What may be organized 786 31 TEXT BOOKS, FREE— - (See free text books.) TITLE— How acquired 830 49 280 INDEX TOWNSHIP— Section Page Civil may be organized into school district 792 (1) 34 Congressional may be organized 792 (2) 34 Fractional may be consolidated , 790 33 TRAINING SCHOOLS, TEACHERS— (See superintendent of public instruction.) TRAVELING EXPENSES— Of state superintendent 763 23 TREASURER— (See school treasurer.) (See state treasurer.) TRUANT OFFICER— School board may employ 896 91 TRUSTEES— (See under various institutions.) TUITION FUND— (See school funds.) UNITED STATES BONDS— Investment of school funds in 983(1) 120 UNITED STATES FLAG— To be displayed when 1029 136 Penalty for failure 1029 136 UNIVERSITY— ,University part of free public school system 783 30 Board of trustees adopt rules of government 1046, 1057 147, 151 Budge, WiUiam, Hfe member of 1041 146 campus, may lease 155 cause weather reports to be kept 1065 153 compensation ..,...., 1056 151 distribution of reports 1048 148 elect president and faculty 1046 148 Hx salaries 1058 152 from same county, limit 1042 147 geological and natural history survey 1063 153 gelogical map 1067 154 government of university 1041 146 how appointed 1042 147 maintain museums 1066 153 may expend income 1047 147 may remove president or any professor . . . ., 1046 147 may unite any college with university 1047 147 meetings 1044 147 number of, limited ^045 147 officers and records 1043 147 powers and duties 1043 147 prescribe requirements for admission 1057 15! INDEX 281 UNIVERSITY— Continued. Section Page Board of trustees, rules for management of property . . 1048 148 Quorum 1044 147 reports as to surveys 1068 154 to governor 1048 148 secretary, duties 1043 147 superintendent of buildings and grounds 1043 147 vacancies 1042 147 Course of instruction 1051 150 Departments 1050 149 Diploma, endorsement of by state superintendent ...... 1054 151 Geological survey, extent of . 1064 153 appropriation for 1070 154 Graduates entitled to certificate to teach 1054 151 Instruction to be' non-partisan and non-sectarian 1046 148 Land grant to 17 9 Location 215, 1040 17,146 Muskets, loan of, authorized 1061, 1062 152,153 Normal graduates, professional certificate 870 77 students file declaration of intention to teach 1057 152 Object 1050 149 Official publications to be furnished 1059-1060 152-153 President, member of high school board 1031 139 and faculty, powers 1049 148 elected by trustees 1046 148 salaries to be fixed by trustees 1058 152 Pupils, who may become 1053 151 Rents, penalties, etc., from lands 842 55 Requirements for admission, trustees to fix 1057 152 Scandinavian language 1052 150 State geologist, professor of geology is 1069 154 Tax levy for maintenance 838 54 30-100 of a mill 840 54 Tuition fees 1055 151 VACANCIES— (Notes 3 and 9, Appendix D) 234,235 Board of education, how filled 977 118 independent district 998 125 County superintendent 860 74 Director of school of forestry 1232 185 Election board 802 39 Failure to give bond 968 115 treasurer of independent district 1008 129 School clerk 862 74 treasurer 811 41 Superintendent of public instruction 859 74 —19— 282 INDEX UNIVERSITY— Continued. Section Page Trustee of agricultural college 1102 163 blind school • 1153 174 deaf and dumb school 1184 169 industrial school 1174 180 normal school 1078 156 When 863 75 VOTE— Who may 799 38 VOTERS— Privileged from -arrest, when 123 11 Residence not lost, when 125 11 Soldiers and sailors, not residents '. . 126 11 Who are 121 11 are not 127 11 qualified (Note 10, Appendix D) 236 women are, when 128 11 WARRANTS— Decisions of supreme court (Appendix C) 226-234 Money paid only on proper 967 115 no money paid except on proper 814 43 Notice to drawee of sufficient funds ' 815 43 Only for prior indebtedness 816 43 Penalty, failure to endorse unpaid 906 93 Unpaid bear interest 815 43 to be endorsed 815 43 What to specify 816 43 WATER CLOSETS— School board must provide 1038 142 WALCOTT— Independent district of (Appendix A) 219 WEATHER REPORTS— To be kept at university 1065 153 WEEK, SCHOOL— Defined 882 84 WOMEN— Are voters, when 128 11 YEAR, SCHOOL-^ Defined 882 84 LEJL '10