t LIBRARY OF CONGRESS, t # 'UNITED STATES OF AMKmCA.| SCHOOL LAWS /^.'^ Cb COMMON SCHOOL DECISIONS s u- STATE OF ILLINOIS. PREPARED AND ARRANGED BY NEWTON B A T E M A N, LL.D., STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. :■{ Oi" C0/7> ^VV.\:.--i„ PUBLISHED BY ORDER OF THE LEGISLATURE. 1867. $ U^V Q SPECIAL NOTICE, This Volume belongs to the Board of Townsliip Trustees or of School Di- rectors receiving it. Its proper custodian is the To-wnship Treasurer for the use of the Board of Trustees, and the Clerk of the Board of School Directors for the use of said Board. But the Township Treasurer or District Clerk re- ceiving it, holds the same only in his official capacity, and must deliver it, on the expiration of his term, to his successor in office. Entered according to Act of Congress, in the year 1867, hy NEWTON BATEMAN, in the Clerk's office of the District Court of the United States, for the Southern District of Illinois. Preface. The object of this volume is to furnish to those in any way concerned with our system of common schools, in convenient form and small compass, information and instruction necessary to the proper discharge of their duties. That information being embodied in the school laws of the State and in the exposition and application of those laws by the Department of Public In- struction, and by the Courts, the book contains : I. The Common School Laws of the State, with all the latest amend- ments. II. A careful Analysis and Explanation of each section of the Amendatory Acts of February 16, 1865, and February 28, 1867. . III. The official Decisions and Instructions of the State Superintendent, and the Decisions of the Supreme Court, in relation to common schools. The official decisions are confirmed by copious references to and citations of judicial authorities. To this end the Supreme Court Reports of Illinois and of many other States have been carefully and exhaustively searched. It is hoped that this feature of the work will render it of some value to mem- bers of the bar and others, in the management of cases arising under the school laws of the State. The decisions embrace a wide range and great variety of subjects. It is believed that questions can hardly arise under our present school laws upon which some light, if not a definite answer, will not be found in this volume. Forms of all School Instruments are added for the convenience of school officers. Both the laws and decisions are very copiously indexed, and a hundred pages have been added to the book. The aim throughout has been to render the work a plain, practical and reliable common-school manual. N. B. Speingfibld, Illinois, October, 1867. Table of Contents. SCHOOL LAWS OF ILLINOIS, COMMON SCHOOL DECISIONS, . DISCUSSION OF AMENDMENTS, . ACT OF FEBRUAEY 28, 1867, EEMARKS ON FOREGOING ACT, OFFICIAL AND JUDICIAL DECISIONS, CONCERNING COUNTY SUPERINTENDENTS, . CONCERNING TOWNSHIP TRUSTEES, CONCERNING TOWNSHIP TREASURERS, . CONCERNING SCHOOL DIRECTORS, . CONCERNING TEACHERS, CONCERNING PUPILS, CONCERNING SCHOOL ELECTIONS, . SUPPLEMENTARY DECISIONS, .... FORMS OF SCHOOL INSTRUMENTS, .... STAMP DUTIES ON SCHOOL INSTRUMENTS, CALENDAR OF SCHOOL ELECTIONS AND DUTIES, INDEX TO SCHOOL LAWS, INDEX TO COMMON SCHOOL DECISIONS, ■ Page. 1 45 47 113 114 117 118 143 169 192 235 259 265 281 303 314 316 317 821 Errata. Page 252, last line, for gems read germs. Page 254, ninth line from bottom, for primitive read punitive. Page 279, ninth line from top, for therefor read therefore. Page 292, twelfth line from top, for list read test. Scliool Laws of Illinois. AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM OF FEEE SCHOOLS. IN FORCE FEBRUARY 16, 1865. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION — HIS ELEC- TION AND DUTIES. Section 1. Be it enacted hy the People of the State of Illinois^ represented in the Creneral Assembly, That at the election to be held on Tuesday after the first Monday of November, A. D.,1866, and quadrennially thereafter, there shall be elected, by the legal voters of this state, a state superintendent of public instruction, who shall hold his office for four years, and until his successor Is duly elected and qualified. § 2. Before entering upon his duties, he shall take and sub- scribe the usual oath of office, and shall also execute a bond, in the penalty of twenty-five thousand dollars, payable to the state of Illinois, with sureties to be approved by the governor, condi- tioned for the prompt discharge of his duties as superintendent of •public instruction, and for the faithful application and disposition, according to law, of all school moneys that may come into#,his hands by virtue of his office ; said bond and oath shall be depos- ited with the secretary of state, and an action may be maintained thereon by the state, at any time, for a breach of the conditions thereof. § 3. It shall be his duty to keep an office at the seat of gov- ernment of the state, and to file all papers, reports and public doc- uments transmitted to him by the school officers of the several counties, each year separately, and to keep and preserve all other public documents, books and papers relative to schools, coming into his hands as state superintendent, and to hold the same in readiness to be exhibited to the governor, or to any committee of either house of the general assembly ; and shall keep a fair record of all matters pertaining to the business of his office. 1 A SCHOOL LAWS OF ILLINOIS. § 4. He shall, without delay, pay over all suras of money which may come into his hands by virtue of his office, to the offi- cer or person entitled to receive the same, in such manner as may be prescribed by law. § 5. He shall counsel and advise, in such manner as he may deem most advisable, with experienced and practical school teach- ers, as to the best manner of conducting common schools. § 6. Said superintendent shall have the supervision of all the common and public schools in the state, and shall be the general adviser and assistant of county superintendents of schools in the state ; he shall, from time to time, as he shall deem for the interest of schools, address circular letters to said superintendents, giving advice as to the best manner of conducting schools, construct- ing school-houses, furnishing the same and procuring competent teachers. § 7. Said state superintendent shall, before the fifteenth day of December of every year preceding that in which shall be holden a regular session of the general assembly, report to the governor the condition of the schools in the several counties of the state, the whole number of schools which have been taught in each county in each of the preceding years, commencing on the first Monday of October ; what part of said number have been taught by males exclusively ; what part by females exclusively ; what part of said whole number have been taught by males and females at the same time ; and what part by males and females at different periods ; the number of scholars in attendance at said schools ; the number of white persons in each county under twenty-one years of age; the amount of township and county fund; the amount of the interest of the state or common school fund, and of the interest of the township and of the county fund annually paid out; the amount raised by an ad valorem tax ; the whole amount annually expended for schools ; the number of school-houses, their kind and condition; the number of townships and parts of townships in each county; the number and descriptions of books and apparatus purchased for the use of schools and school libraries under the provisions of this act, the prices paid for the same, and total amount purchased, and what quantity and how distributed; and the number and condition of the libraries, together with such other information and suggestions as he may deem important in relation to the school laws, schools, and the means of promoting education throughout the state ; which report shall be laid before the general assembly at each regular session. § 8. The said state superintendent of public instruction shall make such rules and regulations as he may think necessary and ex- pedient to carry into full effect the provisions of this act, and of all the laws which now are or may hereafter be in force for 'establish- ing and maintaining schools in this state; and the said superin- SCHOOL LAWS OT ILLINOIS. 3 tendent shall have power, anrl it shall be his duty, to explain and interpret and determine to all county superintendents, directors, township and other school officers, the true intent and meanino; of this act, and their several duties enjoined thereby, and his decision shall be final, unless otherwise directed by the legislature, or reversed by a court of competent jurisdiction. § 9. The said state superintendent shall have power to direct and cause the county superintendent of any county, directors or board of trustees or township treasurer of any township, or other school officer, to withhold from any officer, or township, or teacher, any part of the common school, or township, or other school fund, until such officer, township, or teacher shall have complied with all the provisions of this act relating to his, her or their duties, and such rules and regulations as the state superintendent may prescribe, not inconsistent with this act ; and the state superinten- dent may forbid the payment of any part of the common school, township, county or other school fund, to any district in which the school or schools have not been kept according to law, or in which no school has been kept for six months during the year next pre- ceding the demand for payment. § 10. And the said state superintendent shall receive annually the sum of twenty-five hundred dollars, to be paid quarterly, as a salary for the services required under the provisions of this act, or any other law that may be passed, and also for all necessary con- tingent expenses, for books, postage and stationery pertaining to his office, to be audited and paid by the state, as the salaries and contingent expenses of other officers are paid. ^ COUNTY SUPERINTENDENTS — THEIIP ELECTION AND DUTIES. § 11. On Tuesday next after the first Monday in November next, and on the Tuesday next after the first Monday in Novem- ber, every four (4) years thereafter, there shall be elected by the qualified voters of every county in this state, a county superintend- ent of schools, who shall perform the duties required by law. He shall, before entering upon his duties, take an oath for the faithful discharge of the same, and execute a bond, payable to the state of Illinois, with two or more responsible freeholders as security, to be approved by the county court or board of supervisors, in penalty of not less than twelve thousand dollars, to be increased at the dis- cretion of said court or board of supervisors, conditioned that he will faithfully perform all the duties of his office, according to the laws which are or may be in force ; by which bond the obligors shall be bound jointly and severally, and upon which an action or actions may be maintained by the board of trustees of the proper township, for the benefit of any township or fund injured by any breach thereof; and joint action may be had for two or more 4 SCHOOL LAWS OF ILLINOIS. funds. The said county superintendents of scliools shall be suc- cessors to the school commissioners, as heretofore known and designated in the act to which this act is amendatory, and all other acts where the term "school commissioner" is used; and all rights of property, and rights and causes of action, existing or vested in school commissioners, for the use of the inhabitants of the county, or any township thereof, or any part of them, shall vest in the county superintendents of schools, as successors, in as full and complete a manner as was vested in the school commissioners. § 12. The bond required in the foregoing section shall be in the following form, viz : STATE OF ILLINOIS, ? g^ County. J Know all men by these presents, that we, A. B., C. D. and E. ¥., are held and firmly bound, jointly and severally, unto the people of the state of Illinois, in the penal sum of dollars, to the payment of which we bind ourselves, our heirs, executors and administrators, firmly by these presents. In witness whereof, we have hereunto set our hands and seals, this —— day of , A. D., 186—. The condition of the above obligation is such, that if the above bounden A. B., county superintendent of the county aforesaid, shall faithfully discharge all the duties of said office according to the laws which now are, or may hereafter be in force, and shall deliver over to his successor in office all moneys, books, papers and property in his hands as such countj^ superintendent, then this obligation to be void ; otherwise to remain in full force and virtue. A B- C D- E F- SEAL.J SEAL.] SEAL.1 And which bond shall be filed in the office of the county court. § 13. The said superintendent shall be liable to removal by the county court, (or in counties adopting township organization, by the board of supervisors,) for any palpable violation of law or omission of duty; and if a majority of said coui't or board of supervisors shall at any time be satisfied that his bond is insuffi- cient, it shall be his duty, on notice, to execute a new bond, to be payable, conditioned and approved as the first bond, the execution of which shall not affect the old bond, or the liability of the secu- rity thereof; and when the office of county superintendent shall become vacant by d^ath, resignation, or otherwise, the county court, or board of supervisors, shall fill the same by appointment for the unexpired term, and the person so appointed shall hold his office until his successor shall be qualified. § 14. The said superintendent shall provide three well bound books, to be known and designated by the letters A, B, C, for the following purposes : In book A he shall record at length all peti- tions presented to him for the sale of common school lands, and the plats and certificates of valuation made by or under the direc- tion of the trustees of schools, and the affidavits in relation to the same. In book B he shall keep an account of all sales of common school lands; which account shall contain the date of sale, name SCHOOL LAWS OF ILLINOIS. O of purchaser, description of lands sold, and the sum sold for. In book C he shall keep a regular account of all moneys received for lands sold, or otherwise, and loaned or paid out; the person of whom received, and on what account, and showing whether it is principal or interest ; the person to whom loaned, the time for which the loan was made, the rate of interest ; the names of the securities when personal security is taken, or if real estate is taken as security, a description of said real estate ; and if paid out, to whom, when, and on what account, and the amount paid out; the list of sales, and the accounts of each fund to be kept separate. Said book shall be paid for out of the county treasury of the coun- ties in which they are used. § 15. Whenever the bond of the township treasurer, approved by the board of trustees of schools, as required by law, shall be delivered to the county superintendent, he shall carefully examine the same, and if the instrument is found to be in all respects according to law, and the securities good and sufficient, he shall endorse his approval thereon, and file the same with the papers of his office ; but if said bond is in any respect, defective, he shall return it for correction. When the bond shall have been duly received and filed, the superintendent shall, on demand, deliver to said township treasurer, all moneys, bonds, mortgages, notes and securities, and all papers of every description belonging to said township ; and the said township treasurer shall receipt for the same, which receipt shall be carefully filed and preserved by the county superintendent, and shall be evidence of the fact therein stated. § 16. Upon the receipt of the amount due upon the auditor's warrant, the county superintendent shall apportion one-third of said amount to the several townships and parts of townships in his county, in proportion to the number of acres therein, and the remaining two-thirds to the several townships and fractional town- ships in his county, according to the number of white children, under twenty-one years of age, returned to him, in which town- ships or parts of townships schools have been kept in accordance with the provisions of this act, and with the instructions of the state and county superintendents, and shall pay over the distribu- tive share belonging to each township and fractional township, to the respective township treasurers, or other authorized persons, annually ; and when there is a county fund in the hands of any county superintendent, he shall loan the same at any rate of inter- est not less than six per cent., nor more than ten per cent., said rate to be fixed by the county court or boai'd of supervisors, and apportion the interest as provided in this section : Provided^ that no part of the state, county, or other school fund shall be paid to any township treasurer or other person, authorized by said treas- urer, unless said township treasurer has filed his bond as required b SCHOOL LAWS OF ILLINOIS. by the fifty-fifth section of the act, nor in case said treasurer is re- appointed by the trustees, unless he shall have renewed his bond and filed the same as aforesaid. § 17. On or before the second Monday of November before each regular session of the general assembly, or annually, if so required by the state superintendent, the county superintendent shall communicate to said state superintendent all such informa- tion and statistics upon the subject of schools in his county as the said state superintendent is bound to embody in his report to the governor, and such other information as the state superintendent shall require ; and no county from which such report is not re- ceived in the manner and within the time required by law, shall be entitled to any part of the state school fund for the year next succeeding that in which no report was made ; and the county superintendent so failing or refusing to report, shall be liable to removal by the county court or board of supervisors, for such neglect of duty : Provided, that the state superintendent may remit the forfeiture of funds prescribed in this section, for satisfac- tory cause. § 18. The county superintendent, upon his removal or resig- nation, or at the expiration of his term of service, (or in case of his death, his representatives,) shall deliver over to his successor in oflSce, on demand, all moneys, books, papers and personal property belonging to the office, or subject to the control or dispo- sition of the county superintendent. § 19. The county superintendent may loan any money, not interest, belonging to the county fund, before the same is called for according to law by the township treasurer, at the same rate of interest, upon the same security and for the same length of time as is provided by this act in relation to the township treas- urers ; and notes and mortgages taken in the name of the " county superintendent " of the proper county, shall be, and all loans heretofore made in the name of the " school commissioners," are herebjT declared to be as valid as if taken in the name of the " trustees of schools " of the proper township, and suits may be brought in the name of the " county superintendents " on all notes and mortgages heretofore or hereafter made payable to county superintendents. § 20. It shall be the duty of th^ county superintendent to visit every school in his county at least once each year, and oftener if practicable, ?and to note the methods of instruction, the branches taught, the text-books used, and the discipline, government and general condition of the schools. He shall grive such directions m the science, art and methods of teaching as he may deem ex- pedient and necessary, and shall be the official adviser and con- stant assistant of the school officers and teachers of his county, and shall faithfully carry out the advice and instructions of the SCHOOL LAWS OF ILLINOIS. 7 state superintendent. He shall encourap^e tlie formation and assist in the management of county teachers' institutes, and labor in e^^ery practicable way to elevate the standard of teaching and im- prove the condition of the common schools of his county. In all controversies arising under the school law, the opinion and advice of the county superintendent shall first be sought, whence appeal may be taken to the state superintendent, upon a written state- ment of facts, certified by the county superintendent. § 21. In all cases where the township board of trustees of any township shall fail to prepare and forward, or cause to be prepared and forwarded, to the county superintendent, the information and statistics required of them in this act, it shall be the duty of said county superintendent to employ a competent person to take the enumeration and furnish said statistical statement as far as practicable, to the superintendent ; and said person so employed shall have free access to the books and papers of said township, to enable him to make such statement ; and the township treasurer, or other officer or person in whose custody such books and papers may be, shall permit said person to examine such books and papers, at such times and places as such person ma,y desire for the pur- poses aforesaid; and the said county superintendent shall allow, and pay, to the person so employed by him, for the services, such amount as he may judge reasonable, out of any money which is or may come into said superintendent's hands, apportioned as the share of, or belonging to, such township ; and the said county superintendent shall proceed to recover and collect the amount so allowed or paid for such services, in a civil action before any jus- tice of the peace m the county, or before any court having juris- diction, in the name of the people of the state of Illinois, of and against the trustees of schools of said township, in their individual capacity ; and in such suit or suits the said county superintendent and township treasurer shall be competent witnesses ; and the money so recovered, when collected, shall be paid over to the county superintendent for the benefit of said township, to replace the money as taken aforesaid. § 22.* When any real estate shall have been taken for debts due to any school fund, the title to which real estate has become vested in any county superintendent, or trustees of schools, for the use of the inhabitants of two or more townships, the county super- intendent may re-sell such real estate for the benefit of said town- ships, under the provisions of this act regulating the sale of the common school lands ; and the said superintendent is hereby authorized to execute conveyances to purchasers ; and said super- intendent shall be entitled to retain the same percentage on the amount of such sale, out of the assets thereof, as he is entitled to for selling the common school lands. O SCHOOL LAWS OF ILLINOIS. TOWNSHIPS — TRUSTEES OF SCHOOLS. § 23. Each congressional township is hereby established a township for school purposes. The business of the township shall be done bj three trustees, to be elected by the legal voters of the township, who, upon their election, as hereinafter provided, shall be a body politic and corporate, by the name and style of " trustees of schools of tcfwnship , range ," according to the num- ber. The said corporation shall have perpetual existence, shall have power to sue and be sued, to plead and be impleaded, in all courts and places where judicial proceedings are had. Said trustees shall continue in office three (3) years, and until others are elected and enter upon the duties of their office. At the first regular election of trustees, after the passage of this act, three trustees shall be elected, v^^ho shall, at their first meeting, which shall be within ten days after said election, draw lots for their respective terms of office, for one, two and three years, and there- after one trustee shall be elected annually. If but two of the trustees elect shall be present at the first meeting as aforesaid, they shall draw lots as aforesaid, and the lot not drawn shall de- termine and fix the term of office of the remaining trustee. § 24. No person shall be eligible to the office of trustee of schools, unless he shall be twenty-one years of age, and a resident of the township. § 25. The election of trustees of schools shall be on the second Monday in October, annually ; but in townships where such elec- tion has not been heretofore had, or where there are no trustees of schools, the election of trustees of schools may be holden on any Monday ; notice being given as hereinafter in this section required. The first election shall be ordered, if in townships already incor- porated, by the trustees of schools of the township, the township treasurer giving notice of the time and place by posting up notices of the same at least ten days previous to the day of election, at or in the school-house, or in the most public place in every school district in the township. If there are no trustees of schools in a township, the clerk of the county court shall cause the notice to be given as aforesaid. For all subsequent elections, the like no- tices shall be given by the trustees of schools, through the town- ship treasurer : Provided, that, if upon any day appointed as aforesaid, for election aforesaid, the said trustees of schools, or judges, shall be of opinion that, on account of the small attendance of voters, the public good requires it, or if the voters present, or a majority of them, shall desire it, they shall postpone said election until the next Monday, and at the same place and hour ; at which meeting the voters shall proceed as if it were not a postponed or adjourned meeting : And, provided, also, that if notice shall not have been given as above required, then, and in that case, said SCHOOL jLAWS OF ILLINOIS. 9 election may be ordered, as aforesaid, and holden on the first Mon- day in November, or any other Monday ; notice thereof being given as aforesaid : And, provided, also, that if the townsliip treasurer shall fail or refuse to give notice of the regular election of trustees, as aforesaid, and if, in case of a vacancy, the remain- ing trustee, or trustees, shall fail or refuse to order an election to fill such vacancy, as required in section twenty-nine of the act, then, and in each case, it shall be the duty of the county superin- tendent to order an election of trustees, or to fill vacancies, as aforesaid, and all elections so ordered and held shall be valid to all intents and purposes vi^hatever. § 26. Two of the trustees of schools of incorporated townships, if present, shall act as judges, and one as clerk of said election. If said trustees shall fail to attend, or refuse to act when present, and in townships unincorporated, the qualified voters present shall choose from among themselves, three judges and a clerk to open and conduct such election. § 27. The time and manner of opening, conducting and clos- ing said election, and the several liabilities appertaining to the judges and clerks, and to the voters separately and collectively, and the manner of contesting said elections shall be the same as prescribed by the general election laws of this state, defining the manner of electing magistrates and constables, so far as applicable, subject to the provisions of this act : Provided, the judges may close said election at four o'clock P. M. § 28. No person shall vote at said election unless he possesses the qualification of a voter at a general election. In case of a tie at such election it shall be determined by lot, on the day of elec- tion, by the judges thereof. § 29. When a vacancy or vacancies shall occur in the board of trustees of schools, the remaining trustee or trustees shall order an election to fill such vacancy, upon any Monday ; notice to be given as required in section twenty-five he-reof. § 30. Uj)on the election of trustees of schools, the judges of the election shall cause the poll book of said election to be delivered to the county superintendent of the county, with a certificate thereon, showing the election of said trustees and names of the persons elected ; which poll book, with the certificate, shall be filed by said superintendent, and shall be evidence of such election. § 31. The said trustees of schools, elected as aforesaid, shall be successors to the trustees of school lands, appointed by the county commissioners' court, and of trustees of schools elected in townships, under the provisions of " An act making provic^ons for organizing and maintaining common schools," approved February 26, 1841, and of "An act to establish and maintain common schools," approved March 1, 1847. All rights of property, and rights and causes of action, existing or vested in the trustees of 10 SCHOOL LAWS OF IJiLINOIS. school lands, or trustees of schools appointed or elected as afore- said, for the use of the inhabitants of the township, or any part of thera, shall vest in the trustees of schools as successors, in as full and complete a manner as was vested in the school commissioner, (the trustees of school lands,) or the trustees of schools appointed and elected as aforesaid. § 32. It shall be the duty of the board of trustees to hold regular semi-annual meetings on the first Mondays of April and October, and special meetings may be held at such other times as they may think proper. Special meetings of the board may be called by the president or any two members thereof, and at all meetings, two members of the board shall be a quorum for business. The board shall organize by appointing one of their number presi- dent, and some person, who shall not be a director or trustee, treas- urer, who shall be, ex-officio, clerk of the board. The president shall hold his office for one year, and the treasurer for two years, and until their successors are appointed ; but either of said officers may be removed by the board for good cause. It shall be the duty of the president to preside at the meetings of the board ; and it shall be the duty of the clerk to be present at all meetings of the boai'd, and to record in a book to be provided for that purpose, all their official proceedings, which shall be a public record, open to the inspection of any person interested therein ; and all of said proceedings, when recorded, shall be signed by the president and clerk. If the president or clerk shall be absent, or refuse to per- form Vmy of the duties of his office at any meeting of the board, a jjresident or clerk, pro tempore^ "^ay be appointed. § 33. Trustees of schools shall lay off the township into one or more districts, to suit the wishes and convenience of a majority of the inhabitants of their township, and shall prepare, or cause to be prepared, a map of their township, as often as may be neces- sary, on which map shall be designated district or districts, to be styled, "district No. , in township No. ," v\^hich districts they may alter or change at any regular session ; which map shall be certified by the president and clerk of the board, and filed with and recorded by the county clerk, in a book to be kept for that purpose, to be paid for out of the county treasury : Provided^ that school districts may be formed out of parts of two or more town- ships, or fractional townships, in which case the trustees of schools of the townships interested, shall concur in the formation of such districts. When a new district is formed from one or more dis^ tricts, the trustees of the township or townships concerned, shall make division of any tax funds, or other funds which are or may be in the hands of the township treasurer or treasurers, in propor- tion to the amount of taxes collected from the property remaining in each district, and all school property belonging to the district or districts out of which the new district is formed shall be ap- SCHOOL LAWS OF ILLINOIS. 11 praised in a just and equitable manner, and tlie estimated value shall be difitributed by the trustees among the districts cuncerned, in proportion to the amount of" taxable property remaining in each ; and the town treasurer or treasurers shall forthwith place the sum so distributed to the credit of the respective districts, subject to the order of the directors thereof: Provided., that the funds on hand shall be divided at the time such new district is formed, and that all funds payable, but not yet received by the treasurer or treasurers, shall be divided as soon as received, and that the school property shall be appraised and apportioned as aforesaid within three months from the formation of such new district. And when any two or more districts shall be consolidated into one, the new district shall own all the corporate property and funds of the several districts. § 3-1. At the regular semi-annual meetino;s on the first Mon- days of April and October, the trustees shall ascertain the amount of state, county and township funds on hand and subject to distri- bution, and shall apportion the same as follows ; First, two per cent, to the township treasurer. Second, whatever may be due for the books of the treasurer, and such sum as may be deemed reason- able for dividing school lands, making plats, etc. Third, of the remainder, one-half shall be divided among the districts in propor- tion to the number of children under twenty-one years of age in each, and the other half in proportion to the attendance certified in the schedules. The funds thus apportioned shall be placed on the books of the treasurer to the credit of the respective districts, and the same shall be paid out by the treasurer on the legal orders of the directors of the proper districts. § 35. Pupils shall not be transferred from one district to an- other without the written consent of a majority of the directors of both districts ; which written permits shall be delivered to and filed by the proper township treasurer, and shall be evidence of such consent. A separate schedule shall be kept for each district, and in each schedule shall be certified the proper amount due the teacher from that district, computed upon the basis of the total number of days' attendance of all the schedules. If the districts fi-om which the pupils are transferred are in the same township as the district in which the school is taught, the directors of said dis- trict shall deliver the separate schedules to their township treas- urer, who shall credit the district in which the school was taught, and charge the other districts with the respective amounts certified in separate schedules to be due. If pupils are transferred from a district of another township, the schedule for that district shall be delivered to the directors thereof, who shall immediately draw an order on their treasurer, in favor of the teacher, for the amount certified to be due in said separate schedules. A majority of the directors of each of two or more districts may consolidate said 12 SCHOOL LAWS OF ILLINOIS. districts and appoint tbree directors for the union district so formed, who shall be styled, " directors of union district No. , town- ship No. ," who shall have all the powers conferred by law upon other school directors. The proceedings of the act of con- solidation shall be signed by a majority of each of the concurring boards of directors, and delivered to the trustees of the proper township, and shall be evidence of such consolidation ; and upon receiving a copy of said proceedings, it shall be the duty of the trustees to change the map of .the township in accordance there- with, and file the same with the clerk of the county court. The separate boards of directors shall then be dissolved, and the union directors shall draw lots for their respective terms of office and be thereafter elected as provided in the forty-second section of the act. § 36. The board of trustees of each township in this state shall prepare, or cause to be prepared, by the township treasurer, the clerk of the board, or other person, and forwarded to the county superintendents of the county in which the township lies, on or before the second Monday of October, preceding each regular session of the general assembly of this state, and at such other times as may be required by the county superintendent, or by the state superintendent of public instruction, a statement exhibiting the condition of schools in their respective townships for the pre- ceding biennial period, giving separately each year, commencing on the first Mondays of October, and ending on the last of Sep- tember ; Avhich statement shall be as follows : First, the whole number of schools which have been taught in each year ; what part of said schools have been taught by males exclusively ; what part have been taught by females exclusively ; what part of said whole number have been taught by males and females at the same time, and what part by males and females at different periods. Second, the whole number of scholars in attendance at all the schools, giving the number of males and females separately. Third, the number of male and female teachers, giving each sepa- rately ; the highest, lowest, and average monthly compensation paid to male and female teachers, giving each item separately. Fourth, the number of persons under twenty-one years of age. Fifth, the amount of the principal of the township fund ; the amount of the interest on the township fund paid Into the town- ship treasury ; the amount of state or common school fund re- ceived by the township treasurer ; the amount raised by ad valorem tax and the amount of such tax received into the township treas- ury, and the amount of all other funds received into the town- ship treasury. Sixth, amount paid for teachers' wages ; the amount paid for school-house lots ; the amount paid for building, repairing, purchasing, renting and furnishing school-houses ; the amount paid for school apparatus, for books and other incidental expenses for the use of school libraries ; the amount paid as com- SCHOOL LAWS OF ILLINOIS. ' 13 pensation to township officers and others. Seventh, the whole amount of the receipts and expenditures for school purposes, together with such other statistics and information in regard to schools as the state superintendent or county superintendent may- require. And any township from which such report is not received in the manner and time required by law, shall forfeit its portion ot the public funds for the next ensuing year : Provided, that upon the recommendation of the county superintendent, or for good and sufficient reasons, the state superintendent may remit such forfeiture. § 37. In all cases where a township is or shall be divided by a county line or lines, the board of trustees of such township shall make or cause to be made, separate enumerations of male and female white persons of the ages as directed in the foregoing sec- tion of this act, designating separately the number residing in each of the counties in which such may lie, and forward each respective number to the proper county superintendent of each of said coun- ties ; and in like manner, as far as practicable, all other statistics and information enumerated and required to be reported in the aforesaid section, shall be separately reported to the several county superintendents ; and all such parts of said statistical information as are not susceptible of division, and are impracticable to be re- ported separately, shall be reported to the county superintendent of the county in which the sixteenth section of such township is situated. § 38. At each semi-annual meeting, and at such other meet- ings as they may think proper, the said township board shall ex- amine al] books, notes, mortgages, securities, papers, moneys and effects of the corporation, and the accounts and vouchers of the township treasurer, or other township school officer, and shall make such order theron for their security, preservation, collection, correction of errors, if any, and for their proper management, as may seem to said board necessary. § 39. The board of trustees of each township in the state may receive any gift, grant, donation or demise made for the use of any school or schools, or library, or other school purposes within their jurisdiction ; and they shall be, and are hereby invested in their corporate capacity, with the title, care and custody of all school- houses and school-house sites ; but the supervision and control of them is expressly vested in the directors of each district in which said property is situated ; arid when, in the opinion of the school directors, the school-house site has become unnecessary, or unsuit- able, or inconvenient for a school, said board shall sell and convey the same in the name of the said board, after giving at least twenty days' notice of such sale, by posting up written or printed notices thereof, particularly describing said property and terms of sale, and such conveyance shall be executed by the president and clerk of said board, and the avails shall be paid over to the township 14 • * SCHOOL LAWS OF ILLINOIS. treasurer for tlie benefit of said district, and all conveyances of real estate which may be made to said board shall be made to said board in their corporate name, and to their successors in office. § 40. The township board shall cause all moneys for the use of the townships to be paid over to the township treasurer. They shall have power, also, to remove the township treasurer at any time, for any failure or refusal to execute or comply with any order or requisition of said board, legally made, or any other im- proper conduct in the discharge of his duty as treasurer, or at any time they may deem such removal expedient. They shall also have power, for any failure or refusal as aforesaid, to sue him upon his bond. § 41. The township trustees are hereby vested with general power and authority to purchase real estate, if in their opinion the interests of the township fund will be promoted thereby, in satis- faction of any judgment or decree wherein the said board or county superintendent are plaintiffs or complainants ; and the title of such real estate so purchased shall vest in said board, for the use of the inhabitants of said township, for school purposes ; and all purchases of land heretofore made by county superintendents, or trustees of school lands, or trustees of schools, for the use of any fund or township for the use of schools, are hereby declared valid. The said board are hereby vested with general power and authority to make all settlements with persons indebted to them in their official capacity ; or receive deeds of real estate in com- promise ; and to cancel in such manner as they may think proper, notes, bonds, mortgages, judgments and decrees, existing, or that may hereafter exist, for the benefit of the township, when the in- terest of said township, or the fund concerned, shall, in their opinion, require it ; and their action shall be valid. Said board of trustees are hereby authorized to sell or lease, at public auction, any land that may come into their possession, in such manner and on such terms, as they shall deem far the interest of the township : Provided, that in all cases of sale of land, as provided in this sec- tion, the sale shall be made at the same place, and notice given of it in the same manner as is provided in this act for the sale of the sixteenth section. SCHOOL DIRECTORS — THEIR EJ.ECTION AND DUTIES. § 42. The annual election of school directors shall be on the first Monday of August, when one director shall be elected in each district, who shall hold his office for three years, and until his successor is elected. In new districts the first election may be on any Monday, notice being given by the township treasurer, as for the election of trustees, when three directors shall be elected, Avho shall, at their first meeting, draw lots for their respective terms of SCHOOL LAWS OF ILLINOIS. 15 office, for one, two, and three years. When vacancies occur, the remainuig director or directors shall, without delay, order an election to fill such vacancies. Notices of all elections in organ- ized districts shall be given by the directors, at least ten days pre- vious to the day of said election. Said notices shall be posted in at least three of the most public places in the district, and shall specify the place where such election is to be held, the time of opening and closing the polls, and the question or questions to be voted on. Two of the directors shall act as judges and one as clerk of said election. But, if said directors shall fail to attend, or refuse to act, when present, and in unorganized districts, the legal voters when assembled shall choose three of their number to act as judges, and one as clerk of said election: Provided, that if upon the day appointed for said election, the said directors or judges shall be of opinion, that, on account of the small attendance of voters, the public good requires it, or if the voters present, or a majority of them, shall desire it, they shall postpone said election until the next Monday, at the same place and hour, when the voters shall proceed as if it were not an adjourned meeting : And provided, also, that if notice shall not have been given, as above required, then said election may be ordered as aforesaid, and holden on the third Monday in August, or any other Monday, notice thereof being o;iven as aforesaid. In case of a tie the iud^es shall decide it, by lot, on the day of election. The directors shall ap- point one of their number clerk,*vho shall keep a record of all the official acts of the board, in a well bound book, provided for the purpose ; which record shall be submitted to the township treas- urer, for his inspection and approval, on the first Mondays of April and October, and at such other times as the township treas- urer may require. Directors are authorized to use any funds belonging to their district, and not otherwise appropriated, for the purchase of a suitable book for their records, and the said records shall be kept in a punctual, orderly and reliable manner. No person shall be entitled to vote at any district election, on the question of raising money, unless he shall have, resided in the dis- trict at least thirty days immediately preceding said election, nor unless he shall have paid a tax in said district the preceding year, or shall have been assessed in such district for the year in which such election is held. After every election of directors, the judges shall cause the poll book to be delivered to the town- ship treasurer, with a certificate thereon showing the election of said directors and the names of the persons elected ; which poll book shall be filed by the township treasurer, and shall be evidence of said election. If any trustee or director shall not be an inhab- itant of the district or township which he represents, an election shall be ordered to fill the vacancy, and no person shall be at the same time a director and trustee, nor shall a director or trustee be 16 SCHOOL LAWS OP ILLINOIS. interested in any contract made by tte board of which he is a member. Should the directors fail or refuse to order any regular or special election, as aforesaid, it shall be the duty of the town- ship treasurer to order such election, and if he fails to do so, then it shall be the duty of the county superintendent to order such election of directors, within ten days, in each case, of such failure or refusal ; and the electioti held in pursuance of such order shall be valid, the same as if ordered by the directors. § 43. For the purpose of establishing and supporting free schools for six months, and defraying all the expenses of the same, of every description ; for the purpose of repairing and improving school-houses ; of procuring furniture, fuel, libraries and appara- tus ; and for all other necessary incidental expenses, the directors of each district shall be authorized to levy a tax annually upon all the taxable property of the district. They may also appropriate to the purchase of libraries and apparatus, any surplus funds, after [all] necessary school expenses are paid. § 44. The directors of each district shall ascertain, as nearly as practicable, annually, how much money must be raised by special tax for school purposes during the ensuing year. They shall then find what rate per cent, this amount will require to be levied upon the taxable property, real and personal, of the district, which rate, with a list of the resident tax-payers, alphabetically arranged, shall be certified and returned to the township treasurer, on or be- fore the first Monday of September, annually. The certificate of the directors may be in the following form, viz : We hereby certify that we require the rate of to be levied as a special tax for school purposes, on the taxable property of our district, for the year 18 — . Given under our hands this day of . 18 — . ^ A. B., 1 Directors district No. — , township C. D., > No. — , range No. — , county E. F., ) of—, and State of IlUnois. It shall be the duty of the township treasurer to return said certificate and lists of tax-payers to the clerk of the county court on or before the second Monday of September ; and whenever the boundaries of the districts of the township shall have been changed, the township treasurer shall return to the clerk of the county court, with the certificates and lists aforesaid, a map of the town- ship, showing such changes, and certified as required in the thirty- third (33d) section of the act. When a district lies in two or more counties, the directors shall determine and certify the rates to be levied on the taxable property lying in each county, and re- turn the same, with separate lists of resident tax-payers, to the township treasurer, who shall return them to the respective county clerks, as hereinbefore provided. § 45. According to the rate or rates certified as aforesaid, the said county clerk, when making out the tax books for the collec- SCHOOL LAWS OF ILLINOIS. 17 tor, should compute each taxable person's tax in said district, taking as a basis the total amount of taxable property returned by the county assessor for that year, lying and being in said district, whether belonging to residents or non-residents, and also each and every tract of land assessed by the assessor, which lies, or the largest part of which lies in said district. The said county clerk shall cause each person's tax so computed to be set upon the tax book to be delivered to the collector for that year, in a separate column, against each tax-payer's name, or parcel of taxable prop- erty, as it appears in said collector's book, to be collected in the same manner, and at the same time, and by the same persons, as state and county taxes are collected : Provided^ the assessments so made in the years intervening between the regular biennial assessments of real estate, as provided in the revenue acts, shall be based upon the tax-payer's real estate as assessed at the regular biennial assessment. The computations of each person's tax, and the levy made by the clerk as aforesaid, shall be final and con- clusive : Provided, further, the rate shall be uniform and not exceed the rate certified by the board of directors ; and the said county clerk, before delivering the tax book to the collector, shall make out and deliver, on demand, to each township treasurer of the respective townships in the county, a certificate of the amount due each district in his township of said tax so levied and placed upon the tax books ; and on or before the first day of April next after the delivery of the tax books containing the computation and levy of said taxes aforesaid, or as soon thereafter as the town- ship treasurer shall present the said certificate of the amount of said tax, and make a demand therefor, the said collector shall pay to said township treasurer the full amount of said tax so certified by the county clerk, retaining from said amount only two per centum as his fees for collection, taking of the township treasurer his receipt therefor, which receipt shall be evidence, as well in favor of the collector as against the township treasurer ; and said treasurer shall enter the same in his books, under the proper heads, and pay the same out as provided for by this act. A¥hen a district is composed of parts of two or more townships, the directors shall determine and inform the collector in writing, un- der their hands as directors, which of the treasurers of the town- ships from which their district is formed shall demand and receive the tax money collected by the county collector as aforesaid. § 46. If any collector shall fail to pay the amount of said tax, or any part thereof, as required in the aforesaid section, it shall be competent for the township treasurer, or other authorized persons, to proceed against such collector and his securities in an action of debt in the county court ; which court is hereby vested with full power and authority to hear and determine all such suits, render judgments and issue execution ; or said suit may be brought in any 2 18 SCHOOL LAWS OF ILLINOIS. other court having jurisdiction ; and the said collector, so in default, shall pay twelve per centum upon the amount due, to be assessed as damages, which shall be included in the judgment rendered against him : Provided^ no collector shall be liable for such part of said tax as he shall be able to make appear he could not have collected by law, until he may be able to so collect such amount. § 47. For the purpose of building school-houses, or purchas- ing school sites, or for repairing and improving the same, the directors, by a vote of the people, may borrow money, issuing bonds, executed by the officers, or at least two members of the board, in sums of not less than one hundred dollars ; but the rate of interest shall not exceed ten per cent.; nor shall the sum bor- rowed in any one year exceed five per cent, of the' taxable prop- erty of the district ; nor shall the tax levied in any one year, for building school-houses, exceed three per cent, [of said taxable property] . § 48. The directors of each district are hereby declared a body politic and corporate, by the name of " school directors of district No. , township No. , county of , and state of Illinois," and by that name may sue and be sued in all courts and places whatever. Two directors shall be a quorum for busi- ness. The directors shall be liable, as directors, for the balance due teachers, and for all debts legally contracted. They shall establish and keep in operation, for at least six months in each year, and longer, if practicable, a sufficient number of free schools for the proper accommodation of all the children in the district over the age of six and under twenty-one years. They may adopt and enforce all necessary rules and regulations for the man- agement and government of the schools, and shall visit and inspect the same as often as practicable. They shall appoint all teachers, fix the amount of their salaries, and may dismiss them for incom- petency, cruelty, negligence or immorality. They may direct what branches of study may be taught, and what text-books shall be used in their respective schools, and may suspend or expel pu- pils for disobedient, refractory or incorrigibly bad conduct. It shall not be lawful for a board of directors to purchase or locate a school-house site, or to purchase, build or move a school-house, or to levy a tax to extend schools beyond six months, without a vote of the people, at an election called and conducted as required in the forty-second section of the act. A majority of the votes cast shall be necessary to authorize the directors to act : Provided, that if no one locality shall receive a majority of all the votes cast at such election, the directors may, if in their judgment the pub- lic interest requires it, proceed to select a suitable school-house site, and the site so chosen by them shall, in such case, be legal and valid, the same as if it had been determined by a majority of the votes cast. SCHOOL LAWS OF ILLINOIS. 19 OF JUDGMENTS AND EXECUTIONS AGAINST BOARDS OF TRUSTEES OR SCHOOL DIRECTORS. § 49. If judgment shall be obtained against any township board of trustees or school directors, the party entitled to the benefit of such judgment may have execution therefor, as follows, to wit : It shall be lawful for the court in which such judgment shall be obtained, or to which such judgment shall be removed, by transcript or appeal from a justice of the peace, or other court, to issue thence a writ, commanding the directors, trustees and treasurer of such township to cause the amount thereof, with inter- est and costs, to be paid to the party entitled to the benefit of said judgment, out of any moneys, unappropriated, of said town- ships ; or if there be no such moneys, out of the first moneys ap- plicable to the payment of the kind of services or indebtedness for which such judgment shall be obtained, which shall be received for the use of such township ; and to enforce obedience to such writ by an attachment, or by 'mandamus, requiring such board to levy a tax for the payment of said judgment ; and all legal process as well as writs to enforce payment of a judgment, shall be served either on the president or clerk of the board. EXAMINATION AND QUALIFICATIONS OF TEACHERS. § 50. No teacher shall be authorized to teach a common school under the provisions of this act who is not of good moral charac- ter, and qualified to teach orthography, reading in English, pen- manship, arithmetic, English grammar, modern geography and the history of the United States. It shall be the duty of the county superintendent to grant certificates to such teachers as may, upon due examination by himself or a board of examiners by him ap- pointed, be found to possess the necessary qualifications. Said certificates shall be of two grades ; those of the first grade shall be valid for two years ; those of the second grade for one year. The county superintendent may, at its option, renew said certifi- cates, at their expiration, by his endorsement thereon, and may re- Toke the same at any time, for immorality, incompetency, or other just cause. Said certificate may be in the following form, viz : , Illinois, , 18—. County. The undersigned having examined in orthography, reading in English,^ penmansliip, arithmetic, English grammar, modern geography and the history of the United States, and being satisfied that is of good moral cliaracter, hereby certifies that qualifications in the above branches are such as to entitle to this certificate, being of the grade, and valid in said county for year from the date hereof, renewable at the option of the county superintendent by his- endorsement thereon. Given under my hand, at the date aforesaid. A. B., County Superintendent of Schools. Each county superintendent shall also keep a record, in a book provided for that purpose, of all teachers to whom he grants cer- 20 SCHOOL LAWS OF ILLINOIS. tificates. Said record shall show the date and grade of each cer- tificate granted, and the name, age and nativity of each teacher, and shall give the names, etc., of male and female teachers sepa- rately. Said record may be as follows, viz : NAME. AGE. NAIIVITT. DATE. GRADE. EEMAEKS. Charles Thompson. 25 Ilhnois. March 1st, 1864. 1 Has taught 5 years. A copy or transcript of said record shall be transmitted by the county superintendent, with his regular report, to the state super- intendent. The state superintendent of public instruction is hereby author- ized to grant state certificates to such teachers as may be found worthy to receive them, which shall be of perpetual validity in every county and school district in the state. But state certifi- cates shall only be granted upon public competitive examination, of which due notice shall be given, in such branches and upon such terms and by such examiners as the state superintendent and the principal of the Normal University may prescribe. The fee for a state certificate shall be five dollars. Said certificates may be revoked by the state superintendent upon proof of immoral or unprofessional conduct. Every school established under the provis- ions of this act shall be for the purpose of instruction in the various branches of an English education, and no school funds shall be appropriated under this act for any other class or descrip- tion of schools : Provided^ that nothing herein contained shall pre- vent the teaching, in common schools, of other and higher branches than those enumerated in this section. § 51. It shall be the duty of county superintendents to hold meetings, at least quarterly, and oftener if necessary, for the ex- amination of teachers, on such days and at such places in their respective counties as will, in their opinion, accommodate the greatest number of persons desiring such examination. Notice of such meetings shall be published a sufficient length of time in at least one newspaper of general circulation ; the expense of such publication to be paid out of the school fund. County superintend- ents shall, in no case, exact or receive any fee for certificates. TEACHEES — THEIE DUTIES. § 52. No teacher shall be entitled to any portion of the com- mon school or township fund, or other public fund, or be employed to teach any school under the control of any board of directors of any school district in this state, who shall not, before his employ- ment, exhibit to said board, or to a committee of said board, a SCHOOL LAWS OF ILLINOIS. 21 certificate of qualification obtained under the provisions of this act ; nor shall any teacher be paid any portion of the school or public fund aforesaid, unless he shall have kept and furnished schedules as herein directed. § 53. Teachers shall make schedules of the names of all scholars under twenty-one years of age, attending their schools, in the form prescribed by this act ; and when scholars reside in two or more districts, townships or counties, separate schedules shall be kept for each district, township or county, and the absence or presence of every scholar shall be set down under the proper date, and opposite the name on every day that school is open, and the absence of a scholar shall be signified by a blank — the pres- ence by a mark. The schedule to be made and returned by the teacher shall be, as near as circumstances will permit, in the fol- lowing form, viz : SCHEDULE of a common school kept iy A. B., at , in district number , in township number , range number , oj" the principal meridian, in the county of , in the State of Illinois. Names and ages of scholars attending my school, and residing in district num- ber — , in township — north, range — west, in — county. T-H c C i-O CO CD OJ 0) C 00 1—1 m B' 1— ( O c T3 CD CS 1^ o o 1— 1 CO -a Trustees. K L., ) 24 SCHOOL LAWS OF ILLINOIS. § 56. Every township treasurer shall provide himself with two well bound books, the one to be called a cash book, the other a loan bopk. He shall charge himself in the cash book with all moneys received, stating the charge, when, from whom and on what account received ; and credit himself with all moneys paid or loaned, the amount loaned, the date of the loan, the rate of interest, the time when payable, the name of the securities, or, if real estate be taken, a description of the same. He shall also enter, in separate accounts, moneys received and moneys paid out, charg- ing the first to debit account, and crediting the latter as follows, to wit : First, the principal of the township fund, when paid in and vrhen paid out. Second, the interest of the township fund, when received and when paid out. Third, the common school fund, and other funds, when received from the county superin- tendent and when paid out. Fourth, the taxes received from the county collector, distinguishing between that for general school purposes and that levied for the purpose of prolonging schools. Fifth, donations received. Sixth, moneys coming from all other sources ; and in all cases entering the date when received and when paid out ; and he shall also arrange and keep his books and accounts in such other manner as may be directed by the state or county superintendent, or the board of trustees. He shall also provide a book, to be called a journal, in which he shall record, fully and at length, the acts and proceedings of the board, their orders, by-laws and resolutions ; which book shall be at all times subject to the inspection of said board, or other person authorized by this act, or of any committee appointed by the inhabitants of the township to examine the same. And he shall also provide a book, to be called a record, in which he shall enter a brief de- scription of all notes or bonds belonging to the township, and upon the opposite page he shall note down when paid, or any remarks to show where or in what condition it is, as in the follow- ing form, viz : makers' NAME. DATE OP NOTE. WHEN DUE. AMOUNT. KEMARKS. A.B.C.D. E.F. January 1st, 185—. January 1st, 185—. $90 00. January 6, 185 — , handed to I. J., for collection, (or January 6, 185 — , paid.) § 5T. Township treasurers shall loan, upon the following con- ditions, all moneys which shall come to their hands by virtue of their office, except such as may be subject to distribution. The rate of interest shall not be less than six per cent., nor more than ten per cent, per annum, payable half-yearly in advance ; the SCHOOL LAWS OF ILLINOIS. 25 rate of interest to be determined by a majority of the township trustees, at any regular or special meeting of their board. No loans shall be made for less than six months, or more than five years. For all sums not exceeding one hundred dollars, loaned foi* not more than one year, two responsible securities shall be given ; for all sums over one hundred dollars, and for all loans for more than one year, security shall be given by mortgage on real estate, unincumbered, in value double the amount loaned, with a condition, that in case additional security shall, at any time, be required, the same shall be given to the satisfaction of the board of trustees for the time being : Provided, that nothing herein shall prevent the loaning of township funds to boards of school direct- ors, taking bonds therefor, as provided in section forty-seven of the act : And, provided further, that all loans of school money, made by township treasurers and school officers, during the past two years, in accordance with the instructions of the state super- intendent, are hereby declared lawful, as if made under the pro- visions of this section, as amended. Notes, bonds, mortgages and other securities taken for money or other property, due or to be- come due to the board of trustees for the township, shall be j^ayable to the said board by their corporate name ; and in such name, suits, actions and complaints, and every description of legal proceedings, may be had for the recovery of money, the breach of contracts, and for every legal liability which may at any time arise or exist, or upon which a right of action shall accrue to the use of this cor- poration : Provided, however, that notes, bonds, mortgages and other securities in which the name of the county superintendent, or of the trustees of schools, are inserted, shall be valid to all in- tents and purposes, and suit shall be brought in the name of the boai'd of trustees as aforesaid. The wife of the mortgager (if he has one) shall join in the mortgage given to secure the payment of money loaned by virtue of the provisions of this act. § 68. Mortgages to secure the payment of money loaned under the provisions of this act may be in the following form, viz : I, A. B., of the county of , and state of , do hereby grant, convey and transfer to the board of trustees of township , range , in the county of , and state of Elinois, for the use of the inhabitants of said township, the following described real estate, to wit : (Here insert premises.) Which real estate I declare to be in mortgage for the payment of dollars loaned to me, and for the payment of all interest that may accrue thereon, to be computed at the rate of per cent, per annum until paid. And I do hereby covenant to pay the said sum of money in years from the date hereof, and to pay interest on the same at the rate aforesaid, half-yearly in advance. I further covenant that I have a good and valid title to said estate, and that the same is free from all incumbrance ; and that I will pay all taxes and assessments which may be levied on said estate ; and that I will give any additional security that may at any time be required by said board of trustees ; and if said estate be sold to pay said debt, or any part thereof, or for any failure or refusal to comply with or perform the conditions or covenants herein contained, I will deliver immediate possession of the premises ; and in con- sideration of the premises, C, wife of said A. B., doth hereby release to the said 26 SCHOOL LAWS OF ILLINOIS. board all her right and title of dower in the aforegranted premises, for the purposes aforesaid. In testimony whereof, we have hereunto set our hands and seals this day of , 18—. A. B., [seal.] C. D., [SEAL.] Which mortgage shall be acknowledged and recorded, as Is re- quired by law for other conveyances of real estate, the mortgager paying the expenses of acknowledgment and recording, and fifty cents as a fee to the township treasurer. § 59. Upon the breach of any condition or stipulation con- tained in said mortgage, an action may be maintained and damages recovered as upon other covenants ; but mortgages made in any other form to secure payment as aforesaid shall be valid as if no form had been prescribed. In estimating the value of real estate mortgaged to secure the payment of money loaned under the pro- visions of this law, the value of improvements liable to be de- stroyed, shall not be included. § 60. In all cases where the board of trustees shall require additional security for the [payment of money loaned, and such security shall not be given, the township treasurer shall cause suit to be instituted for the recovery of the same, and all interest thereon, to the date of judgment : Provided^ that proof be made of the said requisition. In the payment of debts by executors and ad- ministrators, those due the common school or township fund shall have a preference over all other debts, except funeral and other expenses attending the last sickness, not including the physician's bill. And it shall be the duty of the township treasurer to attend at the office of the probate justice upon the proper day, as other creditors, and have any debts as aforesaid, probated and classed, to be paid as aforesaid. § 61. If default be made upon the payment of interest due upon money loaned by any county superintendent or township treasurer, or in the payment of the principal, interest at the rate of twelve per cent, per annum shall be charged upon the principal and interest from the day of default, which shall be included in the assessment of damages, or in the judgment in suit or action brought upon the obligation to enforce payment thereof; and interest as aforesaid may be recovered in action brought to recover interest only. And the said township treasurers are hereby empowered to bring appropriate actions, in the name of the board of trustees, for the recovery of the half-yearly interest, when due and unpaid, without suing for the principal, in whatever form secured, and jus- tices of the peace shall have jurisdiction in such cases of all sums under one hundred dollars. § 62. All suits brought, or actions instituted under the pro- visions of this act, may be brought in the name of the " board of SCHOOL LAWS OF ILLINOIS. 27 trustees of township , range ," except as is provided for action qui tarn in this act, or in favor of county superintendents. The township treasurer shall demand, receive and safely keep ac- cording to law, all moneys, books and papers of every description belonging to his township. He shall keep the township fund loaned at interest; and if on the first Monday of October in any year there shall be any interest or other funds on hand which shall not be required for distribution, such amount not required, as aforesaid, may, if the board of trustees see proper, forever be considered as principal in the funds to which it belongs, and loaned as such. § 63. On the first Mondays of April and October, of every year, the township treasurer shall lay before the board of trustees a statement showing the amount of interest, rents, issues and prof- its that have accrued or become due since their last regular half- yearly meeting on the township lands and township funds, and also the amount of state and county fund interest on hand. He shall also lay before the said trustees all books, notes, bonds, mortgages, and all other evidence of indebtedness belonging to the township, for the examination of the trustees, and shall make such other statement as the board may require touching the duties of his office. The township treasurer shall also, on the first Mondays of April and October of each year, make a full settlement with the respect- ive boards of directors in his township, and shall deliver to the clerk of each of said boards, on demand, a statement, or exhibit, showing the exact condition of the account of each district, and the amount of funds of every description in his hands to the credit of, and belonging to, each district respectively, and subject to the order of the directors thereof. § 64. For any failure or refusal to pei'form all the duties re- quired of township treasurer by law, he shall be liable to the board of trustees upon his bond, to be recovered by action of debt by said board, in their corporate name, for the use of the proper township, before any court having jurisdiction of the amovnit of damages claimed ; but if said treasurer, in any such failure or re- fiisal, acted under and in conformity to a requisition or order of said board, or a majority of them, entered upon their journal and subscribed by their president and clerk, then and in that case the members of the said board aforesaid, or those of them voting for said requisition or order aforesaid, and not the treasurer, shall be liable, jointly and severally, to the inhabitants of the township, to be recovered by action of assumpsit in the oflScial name of the county superintendent of schools, for the use of the proper town- ship. § 65. When a township treasurer shall resign, or be removed, and at the expiration of his term of office, he shall pay over to his successor in office all money on hand, and deliver over all books, notes, bonds, mortgages, and aU other securities for money, 28 SCHOOL LAWS OF ILLINOIS. and all papers and documents of every description, in wliich the corporation may have any interest whatever ; and in case of the death of the township treasurer, his securities and legal representatives shall be bound to comply with the requisitions of this section. And for any failure to comply with the re- quisitions of this section, he shall be liable to a penalty of not less than ten nor more than one hundred dollars, at the dis- cretion of the court before which judgment may be obtained; and the obtaining or payment of said judgment shall in no wise discharge or diminish the obligation of his official bond. TOWNSHIP AND COUNTY SCHOOL FUNDS. § 66. All bonds, notes, mortgages, moneys and effects, which have heretofore accrued, or may hereafter accrue, from the sale of the sixteenth section of the common school lands of any township or county, or from the sale of any real estate, or other property, taken on any judgment, or for any debt due to the principal of any township or county fund ; and all other funds of every description, which have been or may hereafter be carried to and made part of the principal of any township or county fund, by any law which has heretofore been, is now, or may hereafter be enacted, are hereby declared to be, and shall forever constitute the principal of the town- ship or county fund, respectively, and no part thereof shall ever be distributed or expended for any purpose whatever, but shall be loaned out, and held to use, rent or profit, as provided by law. But the interest, rents, issues and profits, arising and accruing from the principal of said township or county fund, shall be distributed in the manner and at the times as pro- vided in this act and the act of which this is amendatory ; nor shall any part of such interest, rents, issues and profits, be carried to the principal of the respective funds. § 67. School funds collected from special taxes, levied by order of school directors, or from the sale of property belong- ing to any district, shall be paid out on the order of the proper board of directors; and all other moneys and school funds, liable to distribution, paid into the township treasury, or com- ing into the hands of the township treasurer, shall, after said funds have been apportioned by the township trustees, as re- quired in section thirty-four of the act of which this act is amendatory, be paid out only on the order of the proper board of directors, signed by the president and clerk of said board, or by a majority thereof. For all payments made, receipts shall be taken and filed. In all such orders shall be stated the purpose for which, or on what account drawn. Said orders may be in the following form, viz : SCHOOL LAWS OF ILLINOIS. 29 The treasurer of township No. , range No. , in county, will pay- to , or bearer, dollars and cents, (on his contract for repair- ing school-house, or whatever the purpose may be.) By order of the board of directors of district No. , in said township. A. B., President. C. D., Clerk. Which order, together with the receipt of the person to whom paid, shall be filed in the office of the township treasurer. COMMON SCHOOL FUNDS. § 68. The common school fund of this state shall consist of such sums as will be produced by the annual levy and assess- ment of two mills upon each dollar's valuation of all the taxable property in the state; and there is hereby levied and assessed, annually, in addition to the revenue for state purpo- ses, the said two mills upon each dollar's valuation of all taxable property in the state, to be collected and paid, and the amount due from the state, according to a statement and set- tlement of the account between the state and that fund under the provisions of an act entitled "An act to provide for the distribution and application of the interest on the school, college and seminary fund," approved on the seventh of February, one thousand eight hundred and thirty-five, and of all funds which have been or may be received by the state from the United States, for the use and support of common schools; and also of the money added to the common school fund, which was received from the United States under an act of Congress providing for the distribution of the surplus revenue of the United States, and which was invested in bank stock by au- thority of the state, and of the amount added to the school fund under an act requiring the three per cent, fund to be invested in state bonds: Provided, that in cases where heretofore the state taxes have not been collected in any county, such county shall not be entitled to a distribution of the college, seminary and school fund, for the period of time that no such taxes have been collected, and that the portion of the fund aforesaid shall in such cases be distributed without regard to such county. § 69. The state shall pay an interest of six per cent, per annum upon the amount of the aforesaid common school funds, except on so much thereof as may be realized from the levy of the tax directed to be levied under the provisions of this act, which shall be paid annually, and applied to the support of the common schools, as herein provided. The state shall also pay, as aforesaid, and at the same time, an interest of six per centum per annum upon the amount due the college and seminary fund ; which interest shall be loaned to the common 30 SCHOOL LAWS OF ILLINOIS. school fund, and known in this law and applied in all cases as interest on the common school fund as aforesaid. § 70. On the first Monday in January, in each and every year next after taking the census of the state, the auditor of public accounts shall, under the supervision of the commis- sioner of the school fund of the state, ascertain the number of white children in each county in the state under twenty years of age, and shall thereupon make a dividend to each county of two-thirds the sum from the tax levied and collected under the provisions of the sixty-eighth section of this act ; and the interest due on the school, college and seminary fund, in pro- portion to the number of white children in each county under the age aforesaid, and of the remaining one-third, in propor- tion to the number of townships and parts of townships in each county, and issue his warrant to the superintendent of schools of each county upon the collector thereof. And upon presentation of said warrant by the county superintendent to the collector of his county, said collector or treasurer shall pay over to the county superintendent the amount of said warrant out of the first specie funds which may be collected by him, and not otherwise appropriated by law, taking said superintendent's receipt therefor; and on settlement with the auditor said collector shall be credited with the amount speci- fied in said receipt, in the same manner as if it had been paid into the treasury. Dividends shall be made as aforesaid, according to the proportions ascertained to be due to each, county annually thereafter, until another census shall have been taken, and then dividends shall be made and continued as aforesaid, according to the last census : Provided^ that if any collector shall fail or refuse to pay, in gold or silver, the amount of the aforesaid warrant, or any part thereof, by the first day of March annually, or so soon thereafter as it may be presented, it shall be competent for the county superintendent to proceed against said collector and his securities, in an action of debt, in the county court ; which court is hereby vested with full power and authority to hear and determine all such suits, render judgment, and issue execution ; or said suit may be brought in any court having jurisdiction; and the said collector shall pay twelve per centum, to be assessed as damages, upon the amount due, and which shall be included in the judgment obtained against him. COMPENSATION OF OFFICERS. § 71. Collectors of the two mill tax, authorized under section sixty-eight (68) of the act of which this act is amenda- tory, shall be entitled to only two per cent on the amount col- SCHOOL LAWS OF ILLINOIS. 31 lected by tliem. County superintendents shall be allowed to retain, out of the township funds of the township for which the services maybe rendered, three per cent, upon the amount of sales of school lands, and upon the real estate taken for debt, for their services in making such sales, including such other services, connected therewith, as are required by the provisions of this act and the act of which this act is amenda- tory ; and two per cent, they may retain upon the amount of all sums distributed, paid or loaned out by them for the support of schools. And for their services as county superin- tendents of schools, including the duties enjoined by the sixth [twentieth] section of this act, they shall be entitled to receive three dollars per day for any number of days not ex- ceeding two hundred in any one year; which account shall be certiiied and sworn to by the county superintendent, and shall be paid semi-annually, from the county treasury. County courts and boards of supervisors are also authorized to make additional appropriations to county superintendents for their services if deemed proper, and also for the maintenance and encouragement of county teachers' institutes, for the improve- ment and benefit of the teachers of common schools in their respective counties. § 72. Township treasurers shall be allowed to retain two per cent, upon all sums paid out or loaned by them, including moneys raised by virtue of any district tax. County treasur- ers shall not be entitled to any commissions upon school taxes collected and paid over to them by county or township collect- ors, any law of this state to the contrary notwithstanding. Boards of townshtp trustees shall, and it is hereby made their duty to make a reasonable allowance, annually, to said treas- urers, for their services performed as clerks of said boards, to be paid out of the township funds. County superintendents, trustees of schools, school directors, and all other school ofiicers, shall be exempted from working on the roads and military duty. LIABILITIES OF OFFICERS. § 73. If any county superintendent, trustee of schools, township treasurer, director, or any person entrusted with the care, control, management or disposition of any school, college, seminary or township fund, for the use of any county, town- ship, district or school, shall convert any such funds, or any portion thereof to his own use, he shall be liable to indictment, and upon conviction shall be fined in not less than double the amount of money converted, and imprisoned in the county jail not less than one or more than twelve months, at the discre- tion of the court. 32 SCHOOL LAWS OF ILLINOIS. § 74. Trustees of schools shall be liable, jointly and sever- ally, for the sufficiency of securities taken from township treasurers; and in case of judgment against said treasurers and their securities, or on account of any default of any such treasurer, on which the money shall not be made for want of sufficient property whereon to levy execution, actions on the case may be maintained against said trustees jointly or sever- ally, and the amount not collected on said judgment shall be recovered with costs : Provided, that if said trustees can show, satisfactorily, that the security taken from the treasurer as aforesaid was, at the time of said taking, good and sufficient, they shall not be liable as aforesaid. § 75. The real estate of county superintendents, of town- ship treasurers, and all other school officers, and of the securi- ties of each of them, shall be bound for the satisfaction and payment of all claims and demands against said superintend- ents and treasurers and other officers, as such, from the date of issuing process against them, in actions or suits brought to recover such claims or demands, until satisfaction thereof be obtained ; and no sale or alienation of real estate by any su- perintendent, treasurer or other officer, or security aforesaid, shall defeat the lien created by this section, but all and singular such real estate held, owned or claimed as aforesaid, shall be liable to be sold in satisfaction of any judgments which may be obtained in such actions or suits. § 76. Trustees of schools, or either of them, failing or re- fusing to make returns of children in their township, accord- ing to the provisions of this act, or if either of them shall knowingly make a false return, the party %o offending shall be liable to a penalty of not less than ten dollars nor more than one hundred dollars, to be recovered by action of assump- sit, before any justice of the peace of the county; which penalty, when collected, shall be added to the township fund ; and if any county superintendent, director or trustee, or either of them, or other officer whose duty it is, shall negli- gently or willfully fail or refuse to make, furnish or communi- cate the statistics and information, or shall fail to discharge the duties enjoined upon them, or either of them, at the time and in the manner required by the provisions of this act, such delinquent or party offending shall be liable to a fine of twen- ty-five dollars, to be recovered before any justice of the peace, on information, in the name of the people of the state of Illinois, and when collected shall be paid to the county super- intendent of the proper county, for the use of schools. § 77. County superintendents, trustees of schools, direc- tors and township treasurers, or either of them, and any other officer having charge of school funds or property, shall be re- SCHOOL LAWS OF ILLINOIS. 33 sponsible for all losses sustained by any county, township or school fund, by reason of any failure on his or their part to perform the duties required of him or them by this act, or by any rule or regulation authorized to be made by this act; and each and every of the officers aforesaid shall be liable for any such loss sustained as aforesaid, and the amount thereof may be recovered in a civil action before any court having jurisdiction thereof, at the suit of the state of Illinois, for the use of the county, township or fund injured; and the amount when collected, shall be paid to the proper officer, for the benefit of said county, township or fund injured. COSTS, TENURE OF OFFICERS AND CONTRACTS UNDER FORMER LAWS. § 78. No justice of the peace, probate justice, constable, clerk of any court, or sheriff, shall charge any costs in any suit where any agent of any school funds suing for the re-' covery of the same, or any interest due thereon, is plaintiff, and shall be, from any cause, unsuccessful in such suit. County superintendents appointed heretofore shall continue in office until superseded, according to the provisions of this act, and their duties, responsibilities and powers shall be governed by the provisions herein named. Trustees of school lands heretofore appointed, and trustees of schools heretofore elect- ed, shall also continue to discharge the duties of their office until trustees of schools are elected under the provisions of this act. Townships heretofore incorporated shall, without any further action or proceeding, be considered as incorporated "Under the provisions of this act; and the trustees and other officers shall continue to discharge their duties till suspended by appointment or election under this law; and all school di- rectors and officers heretofore appointed shall continue in office until superseded by the election, as provided in this act, and shall be governed by the provisions of the laws heretofore in force, unless otherwise directed by this act. Leases of school lands shall remain valid, and be executed according to the laws under which they were made. Common school lands, valued and offered for sale and remaining unsold, shall be sold upon terms prescribed by this act. All taxes levied and contracts made under the laws hereby repealed shall remain valid, and all rights, remedies, defenses and causes of action existing, or which may hereafter exist or arise, under or by virtue of said repealed laws, shall continue and remain valid, and shall be enforced, notwithstanding the repeal of said laws, unless canceled according to the provis- ions of this act. 3 34 SCHOOL LAWS OF ILLINOIS. OF CITIES AND INCORPORATED TOWNS. § 79. This act shall not be so construed as to repeal or change, in any respect, any special acts in relation to schools in cities or incorporated towns, except that it shall be the duty of the several boards of education or other officers of any city or incorporated town, having in charge schools under the provi- sions of any of the said special acts, or of any ordinance of any city or incorporated town, on or before the second Monday of October preceding each regular session of the general assem- bly of this state, or annually, if required so to do by the state superintendent, to make out and render a statement of all such statistics and other information in regard to schools, and the enumeration of children or white persons, as are required to be communicated by township boards of trustees or directors under the provisions of this act, or so much thereof as may be applicable to said city or incorporated town, to the county superintendent of the county where such city or incorporated town is situated, or of the county in which the larger part of such city or town is situated ; nor shall it be lawful for the county superintendent or any other officer or person to pay over any portion of the common school fund to any local treas- urer, school agent, clerk, board of education or other officer or person of any township, city or incorporated town, unless a report of the number of children or white persons, and other statistics relative to schools, and a statement of such other in- formation as are required of the boards of trustees or directors, as aforesaid, and of other school officers and teachers under the provisions of this act, shall have been filed at the time or times aforesaid, specified in this section, with the school com- missioner of the proper county, as aforesaid. § 80. In townships in which there shall be persons of color, the board of trustees shall allow such persons a portion of the school fund equal to the amount of taxes collected for school purposes from such persons of color in their respective townships. COMMON SCHOOL LANDS. § 81. Section number sixteen in every township granted to the state by the United States for the use of, schools, and such sections and parts of sections as have been or may be granted as aforesaid, in lieu of all or part of section number sixteen, and also of the lands which have been or may be selected and granted as aforesaid, for the use of schools to the inhabitants of fractional townships in which there is no sec- tion number sixteen, or where such section shall not contain the proper proportion for the use of schools in such fractional SCHOOL LAWS OF ILLINOIS. 35 townships, shall be held as common school lands; and the provisions of this act referring to common school lands, shall be deemed to apply to the lands aforesaid. § 82. All the business of such townships, so far as relates to common school lands, shall be transacted in that county which contains all or a greater portion of said lands. If any person shall, without being duly authorized, cut, fell, box, bore, destroy or carry away any tree, sapling or log, standing or being upon any school lands, such person shall forfeit and pay for every tree, sapling or log so felled, boxed, bored, de- stroyed or carried away, the sum of eight dollars; which pen- alty shall be recovered, with costs of suit, by an action of debt or assumpsit, before any justice of the peace having jurisdiction of the amount claimed, or in the county or circuit court, either in the corporate name of the board of trustees of the township to which the land belongs, or by action of qui tarn, in the name of any person who will first sue for the same — one-half for the use of the person suing, the other half to the use of the towuship aforesaid. When two or more persons shall be concerned in the same trespass, they shall be jointly and severally liable for the penalty herein im- posed. Every trespasser upon common school lands shall be liable to indictment, and, upon conviction, fined in three times the amount of the injury occasioned by said trespass, and shall stand committed as in other cases of misdemeanor. All pen- alties and fines collected under the provisions of this section Bhall be paid to the township treasurer, and be added to the principal of the township fund. And all other fines, penalties and forfeitures imposed or incurred in any of the courts of record, or before any of the justices of the peace of this state, except fines, forfeitures and penalties incurred or imposed in incorporated towns or cities, for the violation of the by-laws or ordinances thereof, shall, when collected, be paid to the school superintendent of the county wherein such fines, for- feitures and penalties have been imposed or incurred, who shall give his receipt therefor ; and the same shall be distributed by said superintendent, annually, in the same manner as the com- mon school funds of the state are distributed ; and it shall be the duty of the state's attorneys of the several judicial cir- cuits, to enforce the collection of all'fines, forfeitures and peur alties imposed or incurred in the courts of record in their sev- eral circuits, and to pay the same over to the school superin- tendents of the counties wherein the same have been imposed or incurred, retaining therefrom the fees and commissions allowed them by law ; and it shall be the duty of the said jus- tices of the peace to enforce the collection of all fines imposed by them, by any lawful means ; and, when collected, the same 36 SCHOOL LAWS OF ILLINOIS. shall be paid by the officer charged with the collection thereof, to the school superintendent of the county in which the same was imposed. Clerks of said courts of record, and justices of the peace, shall report, under oath, to the school superintend- ent of their respective counties, by the first of March, annually, the amount of such tines, penalties and forfeitures imposed or incurred in their respective courts, and the amount of such fines, forfeitures and penalties collected by them, giving each item separately, and the officer charged with the collection thereof; and said clerks and justices of the peace, for a failure to make such a report, shall be liable to a fine of twenty-five dollars for each ofl:ense, to be recovered in a civil action at the suit of the school superintendent of the proper county. For a failure to pay any such fines, forfeitures or penalties, on de- mand, to the person who is by law authorized to receive the same, the officer having collected the same or having the same in his possession, shall forfeit and pay double the amount of such fine, penalty or forfeiture as aforesaid, to be recovered before any court having jurisdiction thereof, in a qui lam action, one-half to be paid to the informer and one-half to. the school fund of the proper county. SALE OF COMMON SCHOOL LANDS. § 83. When the inhabitants of any township, or fractional township, shall desire the sale of the common school land of the township, or fractional township, they shall present a pe- tition to the county superintendent of the county in which the school lands of the township, or the greater part thereof, lie, for the sale thereof; which petition shall be signed by at least two-thirds of the white male inhabitants of the township, or fractional township, of and over twenty-one years of age. The signing of the petition must be in the presence of two citizens of the township, after the true meaning thereof shall have been explained ; and when signed, an affidavit shall be affixed thereto by the two citizens, proving the signing in the manner aforesaid, and stating the number of white male in- habitants in the township, or fractional township, of and over twenty-one years of age ; and said petition, so proved, shall be delivered to the county superintendent for his action thereon : Provided, that no whole section shall be sold in any township containing less than two hundred inhabitants; and common school lands in fractional townships may be sold when the number of inhabitants and number of acres are in the ratio of two hundred to six hundred and forty, but not before. § 84. When the petition and affidavits are delivered to the SCHOOL LAWS OF ILLINOIS. 37 county superintendent as aforesaid, he shall notify the trustees of said township thereof, and said trustees shall immediately proceed to divide the land into tracts or lots of such form and quantity as will produce the largest amount of money ; and after making such division, a correct plat of the same shall be made, representing all divisions, with each lot numbered and defined, so that its boundaries may be forever ascertained. Said trustees shall then fix a value on each lot, having regard to the terms of sale, certify to the correctness of the plat, stating the value of each lot per acre, or per lot, if less than one acre, and referring to and describing the lot in the certifi- cate, so as fully and clearlj^ to distinguish and identify each lot ; which plats and certificate shall be delivered to the county superintendent, and shall govern him in advertising and sell- ing said lands. § 85. In subdividing common school lands for sale, no lot shall contain more than eighty acres, and the division may be made into town or village lots, with roads, streets or alleys between them and through the same ; and all such divisions, with all similar divisions hereafter made, are hereby declared legal, and all such roads, streets and alleys, public highways. § 86. The terms of selling common school lands shall be to the highest bidder, for cash, with the privilege to each pur- chaser of borrowing from the county superintendent the amount of his bid for any period not less than one or more than five years, upon his paying interest and giving security, as in case of money loaned by township treasurer, as provided in this act. § 87. The place of selling common school lands shall be at the court house of the county in which the lands are situ- ated ; or the trustees of schools may direct the sale to be made on the premises ; and upon the reception by the county superintendent of the plat and certificate of valuation from the trustees, he shall proceed to advertise the said land for sale in lots, as divided and laid off by said trustees, by posting notices thereof in at least six public places in the county, forty days next anterior to the day of sale, describing the land, and stating the time, terms and place of sale; and if any newspa- per is published in said county, said advertisement shall be printed therein for four weeks before the day of sale — if none, then it shall be sold under the notice aforesaid. § 88. Upon the day appointed, the county superintendent shall proceed to make sales as follows, viz : He shall begin at the lowest number of lots and proceed regularly to the highest, till all are sold or offered. No lot shall be sold for less than its valuation by the trustees. Sales shall be made between the hours of ten o'clock, a. m., and six o'clock, p. m., and may 38 SCHOOL LAWS OF ILLINOIS. continue from day to day. The lots shall be cried separately, and each lot cried long enough to enable any one present to bid who desires it. § 89. Upon closing the sales each day, the purchasers shall each pay or secure the payment of the purchase money, accord- ing to the terms of sale ; or in case of his failure to do so by ten o'clock the succeeding day, the lot purchased shall be again oflered at public sale, on the same terms as before, and if the valuation or more shall be bid shall be stricken otF; but if the valuation be not bid the lot shall be set down as not sold. If the sale is or is not made, the former purchaser shall be re- quired to pay the difference between his bid and the valuation of the lot; and in case of his failing to make such payment, the county superintendent may forthwith institute an action of debt or assumpsit, in his name, as superintendent, for the use of the inhabitants of the township where the land lies, for the required sum ; and upon making proof shall be entitled to judgment, with costs of suit; which, when collected, shall be added to the principal of the township fund. And if the amount claimed does not exceed one hundred dollars, the suit may be instituted before a justice of the peace; but if more than that sum, then in the circuit court of any county wherein the party may be found. § 90. All lands not sold at public sale, as herein provided for, shall be subject to sale at any time thereafter, at the valu- ation ; and county superintendents are authorized and re- quired, when in their power, to sell all such lauds at private sale, upon the terms at which. they are oflered at public sale. § 91. In all cases where common school lands have been heretofore valued, and have remained unsold for two years, after having been oflered for sale, or shall hereafter remain unsold for that length of time, after being valued and oflered for sale in conformity to this act, the trustees of schools where such lauds are situated may vacate the valuation thereof, by an order to be entered in book A, of the county superintend- ent, and cause a new valuation to be made, if, in their opin- ion, the interests of the township will be promoted thereby. They shall make said second valuation in the same manner as the firet was made, and shall deliver to the county superin- tendent a plat of such second valuation, with the order of vacation, to be entered as aforesaid ; whereupon said county superintendent shall proceed in selling said lands in all re- spects as if no former valuation had been made : Provided, that the second valuation may be made by the trustees of schools, without petition, as provided in this act. § 92. Upon the completion of every sale by the purchaser, the county superintendent shall enter the same on book B, and shall SCHOOL LAWS OF ILLINOIS. 39 deliver to tlie purchaser a certificate of purchase, stating therein the name and residence of the purchaser, describing the land and the price paid therefor ; which certificate shall be evidence of the facts therein stated. § 93. At the first regular term of the county court in each year, the county superintendent shall present to the court of his county — first, a statement showing the sales of school lands made subsequent to the first regular term of the previous year, which shall be a true copy of the sale book, (book B); second, state- ments of the amount of money received, paid, loaned out and on hand, belonging to each township or fund under his control — the statement of each fund to be separate ; third, statements copied from his loan book, (book C), showing all the facts in regard to loans which are required to be stated upon the loan book ; all of which the county court shall thereupon examine and compare with the voucl'.ers ; and the said county court, or so many of them as may be present at the term of the court shall be liable, individ- ually, to the fund injured, and to the securities of said county su- perintendents, in case judgments be recovered of said securities, for all damages occasioned by a neglect of the duties, or any of them, required of them by this section : Provided, nothing herein contained shall be construed to exempt the securities of said county superintendent from any liability as such securities, but they shall still be liable to the fund injured the same as if the county super- intendents were not liable. § 94. The county superintendent shall, also, at the time afore- said, transmit to the auditor of public accounts, a full and exact transcript from book B, of all the sales made subsequent to each report. The statement required to be presented to the county court shall be preserved, and copied by the clerk of said court into a well bound book, kept for that purpose ; and the list trans- mitted to the auditor shall be filed, copied and preserved in like manner. § 95. Every purchaser of common school land shall be entitled to a patent from the state, conveying and assuring the title. Patents shall be made out by the auditor, from returns made to him by the county superintendent. They shall contain a descrip- tion of the land granted ; and shall be in the name of and signed by the governor, countersigned by the auditor, with the great seal of the state affixed thereto by the secretary of state, and shall operate to vest in the purchaser a perfect title in fee simple. When patents are executed as herein required, the auditor shall note on the list of sales, the date of each patent, in such manner as to perpetuate the evidence of its date and delivery, and thei-eupon transmit the same to the county superintendent of the proper county, to be by him delivered to the patentee, his heirs or as- signs, upon the return of the original certificate of purchase ; 40 SCHOOL LAWS OF ILLINOIS. wliicli certificate, when returned, shall be filed and preserved by the county superintendent. § 96. Purchasers of common school lands, and their heirs and assigns, may obtain duplicate copies of their certificates of purchase and of patents, upon filing aflSdavit with the county superintendent in respect to certificates, and with the auditor in respect to patents, proving the loss or destruction of the originals ; and such copies shall have all the force and effect of the originals. ACTS REPEALED. § 97. An act entitled "An act to establish and maintain com- mon schools," approved February 12, 1849, and an act to amend said act, approved February 12, 1851, and an act entitled "An act to increase the school fund," approved February 10, 1853, and all other acts and parts of acts coming in conflict with the provis- ions of this act, are hereby repealed. This act shall take effect and be in force from and after its passage. Approved February 16, 1865. AN ACT to repeal so much of the school law as exempts school oflicers from serving on juries in courts of record. Section 1. Be it eiiacted hy the People of the State of Illinois^ represented in the Gfeneral Assembly^ That so much of section seventy-two of an act entitled "An act to establish and maintain a system of free schools," approved February 16, 1857, as exempts school oflScers from serving on juries in courts of record in this state, is hereby repealed. § 2. This act shall take effect from and after its passage. Approved February 16, 1865. AN ACT for the estabhshment and maintenance of a Normal University. Section 1. Be it enacted hy the People of the State of Illinois^ represented in the General Assembly, That C. B. Denio, of Jo Daviess county, Simeon Wright, of Lee county, Daniel Wilkins, of McLean county, C. E. Hovey, of Peoria county, George P. ivex, of Pike county, Samuel W. Moulton, of Shelby county, John Gillespie, of Jasper county, George Bunsen, of St. Clair county, Wesley Sloan, of Pope county, Ninian W. Edwards, of Sangamon county, John Eden, of Moultrie county, Flavel Mosely, of Cook county, William H. Wells, of Cook county, Albert R. Shannon, of White county, and the superintendent of public instruction, ex- officio, with their associates, who shall be elected as herein provi- SCHOOL LAWS OF ILLINOIS. 41 ded, and their successors, are hereby created a body corporate and politic, to be styled "The Board of Education of the State of Illinois," and by that nanie and style shall have perpetual succes- sion, and have power to contract and be contracted with, to sue and be sued, to plead and be impleaded, to acquire hold and con- vey real and personal property ; to have and use a common seal, and to alter the same at pleasure ; to make and establish by-laws, and alter or repeal the same as they shall deem necessary for the government of the Normal University hereby authorized to be es- tablished, or any of its departments, officers, students or em- ployes, not in conflict with the constitution and laws of this state, or of the United States ; and to have and exercise all powers, and be subject to all duties usual and incident to trustees of corpo- rations. § 2. The superintendent of public instruction, by virtue of his office shall be a member and secretary of said board, and shall report to the legislature at its regular sessions the condition and expenditures of said Normal University, and communicate such further information as the said board of education or the legislature may direct. § 3. No member of the board of education shall receive any compensation for attendance on the meetings of the board, except his necessary traveling expenses ; which shall be paid in the same manner as the instructors employed in the said Normal University shall be paid. At all the stated and other meetings of the board, called by the president or secretary, or any five members of the board, five members shall constitute a quorum, provided all shall have been duly notified. § 4. The objects of the said. Normal University shall be to qualify teachers for the common schools of this State, by imparting instruction in the art of teaching, in all branches of study which pertain to a common school education, in the elements of the natu- ral sciences, including agricultural chemistry, animal and vegeta- ble physiology, in the fundamental laws of the United States and the state of Illinois In regard to the rights and duties of citizens, and such other studies as the board of education may from time to time prescribe. § 5. The board of education shall hold Its first meeting at; the office of the superintendent of public Instruction, on the first Tues- day in May next, at which meeting they shall appoint an agent, fixing his compensation, who shall visit the cities, villages and other places In the state, which may be deemed eligible for the purpose, to receive donations and proposals for the establishment and maintenance of the Normal University. The board shall have power and it shall be their duty to fix the permanent loca- tion of said Normal University at the place where the most favor- able inducements are offered for that purpose : Provided, that 42 SCHOOL LAWS OF ILLINOIS. such location shall not be difficult of access, or detrimental to the welfare and prosperity of said Normal University. § 6. The board of education shall appoint a principal, lecturer on scientific subjects, instructors and instructresses, together with such officers as shall be required in the said Normal University, fix their respective salaries and prescribe their several duties. They shall also have power to remove any of them for proper cause, after having given ten days' notice of any charge, which may be duly presented and reasonable opportunity for defense. They shall also prescribe the text books, apparatus and furniture to be used in the university, and provide the same ; and shall make all regulations necessary for its management. And the board shall have the power to recognize auxiliary institutions when deemed practicable : Provided, that such auxiliary institutions shall not receive an appropriation from the treasury, or the semi- nary or university fund. § 7. Each county within the state shall be entitled to gratuit- ous instruction for one pupil in said Normal University ; and each representative district shall be entitled to gratuitous instruc- tion for a number of pupils equal to the number of representatives in said district, to be chosen in the following manner : The county superintendent in each county shall receive and register the names of all applicants for admission in said Normal University, and shall present the same to the county court, or, in counties acting under township organization, to the board of supervisors, as the case may be ; who shall, together with the county superintendent, examine all applicants so presented in such a manner as the board of education may direct, and from the number of such as shall be found, to possess the requisite qualifications, such pupils shall be selected by lot ; and in representative districts composed of more than one county, the county superintendent and county judge, or the county superintendent and chairman of the board of supervisors, in counties acting under township organization, as the case may be, of the several counties composing such representative district, shall meet at the clerk's office of the county court of the oldest county, and from the applicants so presented to the county court or board of supervisors of the several counties represented, and found to possess the requisite qualifications, shall select by lot the number of pupils to which said district is entitled. The board of education shall have the discretionary power, if any candidate does not sign and file with the secretary of the board a declaration that he or she will teach in the public schools within the state, in case that engagements can be secured by reasonable effijrts, to require such candidate to provide for the payment of such fees for tuition as the board may prescribe. § 8. The interest of the university and seminary fund, or SCHOOL LAWS OF ILLINOIS. 43 such part thereof as may be found necessary, shall be and Is hereby appropriated for the maintenance of said Normal Univer- sity, and shall be paid on the order of the board of education from the treasury of the state ; but in no case shall any part of the interest of said fund be applied to the purchase of sites, or for buildings for said University. § 9. The board shall have power to appropriate the one thousand dollars received from the Messrs. Merriams, of Spring- field, Massachusetts, by the late superintendent, to the purchase of apparatus for the use of the Normal University, when estab- lished ; and hereafter, all gifts, grants and demises which may be made to the said Normal University shall be applied in accord- ance with the wishes of the donors of the same. § 10. The board of corporators herein named, and their suc- cessors, shall each of them hold their office for the term of six years : Provided^ that at the first meeting of said board, the said corporators shall determine, by lot, so that one-third shall hold their office for two years, one-third for four years, and one-third for six years. The governor, by and with the advice and consent of the senate, shall fill all vacancies which shall at any time occur in said board, by appointment of suitable persons to fill the same. § 11. At the first meeting of the board, and at each biennial meeting thereafter, it shall be the duty of said board to elect one of their number president, who shall serve until the next biennial meeting of the board, and until his successor is elected. § 12. At each biennial meeting it shall be the duty of the board to appoint a treasurer, who shall not be a member of the board, and who shall give bond, with such security as the board may direct, conditioned for the faithful discharge of the duties of his office. § 13. This act shall take effect on and after its passage, and be published and distributed as an appendix to the school law. Appkoved February 18, 1857. Common School Decisions, PART I. DISCUSSION OF AMENDMENTS. PART II. OFFICIAL AND JUDICIAL DECISIONS. PART III. FORMS OF SCHOOL INSTRUMENTS. PART I. Discussion of AixLendmeiits. I SHALL now consider, seriatim, the several sections of tlie school law which were amended or changed by the acts passed by the 24th and 25th General Assemblies, and approved Feb- ruary 16, 1865, and February 28, 1867; and shall endeavor to analyze and explain each amendment, and to show in what manner and to what extent the rights and duties of school officers and others are affected thereby. § 1. The first section of the act is so amended as to ex- tend the term of office of the state superintendent of public instruction, from two years, to four years. The amendment takes effect from and after the election to be held on Tuesday after the first Monday of ITovember, a. d. 1866. The state superintendent elected at that time, will hold his office for four years, which will thereafter constitute the legal official term of that officer. Probably no other of the recent changes in the school law, will meet with more general approval among thinking men, than this. The duties of the superintendency are difficult and complicated. They require an intimate knowledge, not only of the school law, but of many other state laws; as well as of such decisions of the courts as have been, and from time to time may be, rendered in relation to common schools. They also require a thorough acquaintance with the history, prog- ress, and workings of the system in past years; the evils to be remedied or avoided, and the benefits to be secured. They demand a knowledge of a great variety of legal and official 48 DISCUSSION OF AMENDMENTS. forms, and of the intricate details connected with the collect- ing, arranging, and tabulating of educational reports and sta- tistics. The superintendent must also be conversant with all the official decisions and instructions of his predecessors in office ; with the line of sanctioned precedents in matters which are not, and cannot be, specifically provided for by law ; and with the general history of common school legislation and ad- ministration in other states. He must understand the principles of educational philosophy; the theory and methods of teach- ing; and the organization, classification, and management of schools; so that he may be the prompt and intelligent adviser and counselor of teachers and school officers. He should keep himself informed of the character and merits of the principal common school text-books of the country and of the improve- ments or changes made therein, in order to make safe and pru- dent suggestions on the subject, when applied to for informa- tion or advice in the premises. It would be easy to extend this statement of the preparation necessary for the proper discharge of the duties of the super- intendency, but enough, has been said to show that no man, without previous experience, can be more than just prepared for the efficient discharge of the duties of his position, within the time formerly allotted to the official term; and that the public interests must necessarily sufifer by such frequent changes. A still more important consideration is the impossibility, under a two year's tenure, of carrying out any comprehensive educational policy. Knowing that such a policy would be lia- ble to be arrested, and perhaps reversed, before its legitimate results could be realized, no superintendent could feel encour- aged, under the former system, to attempt it ; while, on the other hand, the loss to the common school interests of the state, consequent upon the lack of a definite plan of adminis- tration, is too obvious for remark. A poor policy is better than none — an imperfect system of means is better than un- certain and frequent changes. The duties of many offices are so simple, so much a matter of rule and routine, that frequent changes work no detriment to the service — the new incumbent can readily take up the work where his predecessor left off, and carry it forward without DISCUSSION OF AMENDMENTS. 49 material interruption. In this case it is not so. A long and studious preparation is indispensable. It is not too much to say that any superintendent can accomplish double the amount of eifective labor, during a second term of two years, that he can during the first, and that the work will be more than twice as well done. For these reasons, and others that will hereafter appear, it cannot be doubted that the amendment under consideration is eminently judicious, and one that will largely contribute to the future prosperity of our educational system. § 11. Section eleven is amended by substituting the term "county superintendent of schools," for that of "school com- missioner ; " and by extending the term of office to four years, to take effect from and after the election on the Tuesday next after the first Monday in November, 1865. The change of official designation will be approved for its obvious fitness and propriety. No one will need to ask what is meant by " county superintendent of schools," while no one, not previously in- formed, could be sure of the nature of the office referred to by the words, " school commissioner." The former is definite and appropriate ; the latter, vague and almost unmeaning. The appellation, "commissioner," is a familiar and general one, as " bank commissioner," " canal commissioner," etc., and the meaning of the term, when so used, is generally under- stood; but nothing could be further from the truth than to suppose that the word had a similar import when applied to the highest county school officer. The new title indicates the true nature of the service to be performed by the officer so designated. He is to superintend the common schools and school affairs of his county ; all of his other duties are sub- ordinate in importance. His relations to the county are similar in character and jurisdiction to those of the state superintendent to the state. It is in one sense a small mat- ter by what appellation an officer is known, but that is no reason why the rules of taste and fitness should not be observed when practicable. The designation, "county super- intendent of schools," has long been suggested by school com- missioners and teachers, and is now happily adopted by the legislature. 50 DISCUSSION OF AMENDMENTS. Eights of property, and all other. interests affected by the change of name, are guarded and protected by the following provision : " The said county superintendents of schools shall be succes- sors to the school commissioners, as heretofore known and designated in the act to which this act is amendatory, and all other acts where the term ' school commissioner ' is used. And all rights of property, and rights and causes of action, exist- ing or vestecl in school commissioners, for the use of the in- habitants of the county, or any township thereof, or any part of them, shall vest in the county superintendents of schools, as successors, in as full and complete a manner as was vested in the school commissioners." The section is also amended by extending the tenure of the office of county superintendent to four years, the same as the state superintendent. County superintendents elected last No- vember will, therefore, hold their offices till November, 1869. The arguments in favor of this extension of tenure are forcibly stated by my immediate predecessor in his biennial report, as follows: "With reference to the school commissionership, three things ought to be provided for in the duration of the official tenure. First, sufficient time should be allowed the officer to devise, mature, and carry into effecl; his plans of administration, particularly those relating to school super- vision, — in a word, to establish system, and to test by patient operation its practical utility. Opportunity should be given not only to devise a policy, but to establish it, as our school system can only be secured against the evils of capricious ex- periment and change by the permanency of its local policies. Permanency of policy cannot be expected, when an officer is subjected at very short intervals to the contingencies of suc- cession, and when the incumbents appear and disappear as rapidly as the supernumerary characters in a play upon the boards of a theater. Our county superintendents can effect nothing in their jurisdiction worthy of their pains, without the aid of system — system necessarily requires time for develop- ment, maturity, establishment, and time to demonstrate its efficiency by the production of results which follow in the course of its operation. It is something of a personal vexa- tion, to say nothing of the public injury which follows, for an DISCUSSION OF AMENDMENTS. 51 officer to be called off from his work just at a time when he has succeeded in perfecting his plans and adapting his agencies to some happy and useful consummation which he has set his heart upon, and leave his work to another, who has neither the will to approve, nor the wisdom to execute the plans which have been elaborated with so liiuch pains. Worse than this is it, to have a useful and harmonious system, which has been actually put into operation, and whose operation promises so much of real good to the interests it was designed to subserve, misapprehended, misapplied and mismanaged, to the detri- ment of those great interests, by the ignorance or carelessness of an incompetent successor. Doubtless the shortness of the official term has operated greatly to the discouragement of systematic effort for the improvement of our educational in- terests, because plans of improvement which require time for maturity, and whote success depends upon the personal super- vision and direction of the mind that originates them, will, either not be undertaken for want of time to develop and apply them, or they will soon be suspended or superseded by the in- terference of some unappreciative follower in office, and their whole effect disannulled. A policy which will encourage sys- tem in our county administrations — system which could have something of permanence and fixity associated with it, which would be secure from interference, innovation, supercession, would tell directly and powerfully upon the common school interests of the state. It is believed that a lengthening of the official term of our commissioners would have such a tendency. "The second object which ought to be regarded in the ap- pointment of the term of office should be, to secure to the officer the incumbency of his place for such a term as will in- volve some high idea of official responsibility. The sense of responsibility in office will generally be in proportion to the duration of the official tenure. A too limited tenure of office is likely to lessen the sense of responsibility. The very short- ness of the connection which identifies the man with the posi- tion seems to detract from the importance of the office and tempts to negligence and carelessness. It would seem reason- able that the feeling of responsibility should be deepened as the official term is lengthened, for the reason that the officer stands responsibly associated with the results of his public 52 DISCUSSION OF AMENDMENTS. acts until the expiration of liis term, and in proportion as the period of expiration is future, will the sense of responsibility be sustained. From the files in my office, I could select two reports from county commissioners, one returned by a retiring officer and the other by a re-elected officer. The first bears unmistakable evidences of official remissness, the other bears as unmistakable evidences of official diligence and care. With the first the sense of responsibility had ceased to oper- ate—with the other.it was active and sustained. The connec- tion of the first with the obligations of office was about being dissolved, and responsibility died with the prospect. The con- nection of the other was perpetuated, and responsibility was kept alive with the recollection of continued accountability. This, I think is a rational account of the difference. At all events, the sustained interest of an officer in the business en- trusted to him depends greatly upon the fact of his continuous and continuing accountability. "The third object to be provided for in fixing the tenure of the office is to make the incumbent feel secure of retaining his position for such a length of time as will render the office in the estimation of the holder really valuable and desirable. If such provision is made for permanent incumbency, the office is taken possession of with a satisfied and contented disposi- tion, which is highly favorable to efficiency and success. If such provision is not made, the officer accepts the position with the knowledge of its merely temporary tenure, and with a consequent unsettledness of mind which disposes him to re- gard his place in the light of a mere incident to some higher and more permanent position. He cannot look upon his office as affording him employment and emolument for any considera- ble time to come — he" cannot feel fixed in his station. There is a temptation, consequently, to use the office as a stepping- stone to higher preferment — a mere round in the ladder of ambition by which the incumbent can mount to higher honors. He will be liable, in all such cases, to use the influence of his office with reference to his ulterior design. Instead of ad- dressing himself to the earnest and faithful discharge of his duties, with a single eye to the great interests committed to his hands, his eyes are oftener fixed upon the political chances occurring around him, with the hope of discovering both the DISCUSSION OF AMENDMENTS. 53 opportunity and the means of official promotion. Tliis tempta- tion to demagogism arises out of the limited tenure of the office. An extension of the official term to a period which would render the incumhency more permanent, would weaken the temptation — perhaps remove it altogether. Could a change be effected here, and the term of the school commis- sioner's office be extended to twice the length of the present term, I think we would witness many good effects following. Systematic administration would take the place of unmethodic and disorderly policies which now too often prevail — official responsibility would be heightened and sustained, and in con- sequence, the duties of the office would be discharged with more earnest zeal and fidelity — a feeling of secilrity, growing out of the knowledge of fixed and permanent incumbency would possess the minds of our officers, and regarding their position as one of permanent and honorable service, and not as a mere temporary accommodation, they would labor con- tentedly at their stations, not coveting or seeking other more permanent offices. That these results would follow such a change seems reasonable, and if so, they would be quite suffi- cient to justify the innovation." It will be observed that these arguments apply with equal force — most of them with still greater force — to the tenure of the state superintendent. They cannot fail to convince all thinking men of the wisdom of the change, and experience •will, I doubt not, still further vindicate the same. It is proper to add that this extension of tenure is in accordance with the theory and practice of the older free school states, where the opinion in its favor is almost unanimous. § 15. The object of the amendment to this section is to throw further safeguards around the township funds, by re- quiring a closer scrutiny of the bonds of township treasurers, on the part of county superintendents. For lack of such scrutiny many townships have suffered heavy losses ; and there is reason to fear that many bonds now on file are worth- less by reason of fatal defects of form, or failure of renewal for a term of years, and the consequent present insufficiency of the securities. It is true that the duty of passing upon the sufficiency of the township treasurer's securities, and of ap- 64 . DISCUSSION OF AMENDMENTS. proving his bond, rests bj^ law, primarily, upon tlie board of trustees, and that the penal consequences of neglect fall chiefly upon them. (§ 74.) But it is plain from the language of this section, as amended, that it is the intention of the legislature to require greater vigilance than heretofore on the part of county superintendents, as an additional safeguard for the funds of the township. Hence, if a bond is "in an}- respect defective" they mast "return it for correction." Their duty is not fulfilled by simply acting as the custodian of the bonds of township treasurers, and accepting, without investigation, all that are presented, provided only that the}- are approved by the requisite number of trustees. They must closely ex- amine every instrument, to see that it is in strict conformity with the law ; that it is duly renewed every two years, and, as far as practicable, that the securities are good and sufficient." And until the bonds are purged of all defects, they mast re- fuse to pay over the funds, or to deliver up the papers, etc., to the township treasurers concerned. When a bond is perfected, according to law, and to the requirements of the county super- intendent, and not before, that officer will "indorse his ap- • proval thereon, and file the same with the papers of his office." § 16. The basis of distribution of the state and county school fund, by count}' superintendents, remains unchanged, viz: one-third b}^ territorj-, and two-thirds by census of white children under twenty-one years of age. But no distribution is to be made to townships in which schools have not been kept according to law. B}^ the amendment, county superintendents may loan the principal of their respective county funds, at any rate of in- terest, not less than six per cent., nor more than ten per cent, per annum, payable half-yearly, in advance, as heretofore. Loans may be made at ten per cent., by the county superin- tendent, without reference to or consultation with the county court or board of supervisors ; the object of the amendment being simply to authorize loans at a less rate, when ten per cent, cannot be obtained, so that the fands may not lie unpro- ductive. But loans cannot be made at a less rate than ten per cent, without the consent of the county court or board of su- DISCUSSION OF AMENDMENTS. 65 pervisors, by whom such lower rate must be determined. The interest accruing from the loan of all county funds must be apportioned, annually, in the same manner as the state school fund is apportioned. In order to guard, in the most effectual manner, against pay- ing out funds to irresponsible parties, and as a check against the neglect of township treasurers in respect to the prompt execution or renewal of their bonds, it is provided by the amendment to this section : "That no part of the state, county or other school fund, shall be paid to any townshi}) treasurer, or other person authorized by said treasurer, unless said township treasurer has tiled his bond as recpiired by the iifty-lil'th (oSth) section of the act; nor, in case said treasurer is re-appointed by the trustees, unless he shall have reyiewed his bond, and filed the same, as aforesaid." County superintendents are here forbidden, in the most positive terms, to recognize the claims of any township to a share of the public funds, until a good and valid bond is on file from the treasurer of said township. To this rule they must conform with unswerving firmness, in all cases. Before making any distribution of funds, superintendents should care- full}' examine the bonds on file, to see who are, and who are not, entitled to participate in such distribution. If any bonds are found to bo defective, or not to have been properly re- newed, the trustees and treasurer of the proper township should be informed of the fact, and warned of the conse- quences of neglecting to comply with the law. And when the time to make the apportionment arrives, those townships only can be included in the distribution, whose treasurers' bonds are on file in proper form, and unexpired. If any township is excluded from the distribution, the township treasurers and trustees will then be responsible, and not the county superin- tendent. This rule applies to all the funds in the hands of the superintendent — both to that apportioned in proportion to the number of acres, and to that upon the census of children. The amount that would have been apportioned to townships excluded by default in filing the necessary bonds, must not be reserved for them, to be paid over when they comply with the. law, but must be apportioned to the other townships — it is forfeited, not simply postponed. 56 DISCUSSION or amendments. This amendment determines the important principle that a township treasurer's bond must be renewed every two years, in case the same treasurer is re-appointed from time to time. Failure to renew does not, of course, invalidate the bond, or release the securities, but it is the duty of the treasurer to renew his bond at the time of each biennial re-appointment, and no funds can be paid him by the county superintendent if he fails to do so. The tenure of the treasurer, and that of his official bond, are intended by law to be coincident, viz : two years. The provisions of law on this subject may be summed up as follows : 1. Every township treasurer, before entering upon his du- ties, must execute a bond. 2. If a treasurer serve two years and is re-appointed, he must execute a new bond. 3. If a treasurer resign, or is removed, and a new one is appointed, he must execute a new bond. 4. Every bond must have at least two responsible free- holders as securities, which securities shall not be members of the board of trustees. 5. Every bond must be approved and accepted by at least two members of the board of trustees, 6. The penalty of every bond must be at least twice the amount of the moneys, notes, mortgages and effects, in the custody, or to be in the custody, .of the township treasurer. 7. Every township treasurer's bond must be in the form prescribed by law. (See section 55.) A reference to the above points will enable any county super- intendent to determine readily and surely the character and condition of every bond on file in his office, or that may be delivered to him, and to govern himself accordingly. § 17. One of the most important duties of county superin- tendents is the preparation of full and careful reports, showing the progress and condition of the public schools in their re- spective counties. Upon the completeness and accuracy of the county reports, depend the fullness and value of the bien- nial report to the governor, and upon that report the people of this and other states rely for their knowledge of the condition of public education in Illinois, and the legislature, for the data • DISCUSSION OF AMENDMENTS. 57 by which to estimate the character of the results achieved, and the legislation necessary to the further improvement and development of the whole system. I wish I could impress upon school officers the vast impor- tance of well digested, consistent and thoroughly reliable sta- tistical and general educational reports. It is certain that many consider the elaboration and tabulation of school reports as little better than useless drudgery — to be performed be- cause required by law, but as of little practical value. And hence, it cannot be denied that this duty is more neglected, or more carelessly performed, than any other connected with our system. I speak in general terms, for there have always been some, whose reports have reflected honor upon themselves and the state. The first requisite of a statistical report is truth. Let the facts appear just as they are, whether they show progress or retrogression. It is folly to exaggerate facts in order to save the pride of a communitj^, or to make actual decline appear as advancement. It is more than folly, because it does injustice to those whose bona fide progress is made to suffer by compari- son with fictitious progress; and because it misleads and de- ludes the public mind. Consistency, fullness of details, dis- criminating accuracy, close observation, neatness and punctu- ality, are also indispensable in good school reports. Such reports require a great deal of time, and thought and patience; but they are worth something when you get them. I have spoken of the necessity of school reports. They are abso- lutely essential — they are the way-marks of progress. ]^o system of schools, or of anything else, can dispense with such periodical exhibits of its operations. For the reason, therefore, that complete and trustworthy Bchool reports are a necessity, this section, as amended, is highly penal in its provisions relative to default in returning such reports ; the consequence being the forfeiture of the state fflnd, for the year next succeeding that in which no report was made, and the liability of the delinquent county superintend- ent to removal from office, for such neglect of duty. These provisions are not too severe. There is no excuse for the non- rendition of the required reports, except in case of providen- tial or other unavoidable necessity, in which case the state 58 DISCUSSION OF AMENDMENTS. ♦ superintendent is authorized to remit the forfeiture. He will promptly exercise tlie discretion vested in him in such cases, whenever satisfactory reasons are shown for the failure, but not otherwise. Blanks of every description, and full instruc- tions as to the manner of filing them, will, in all cases, he fur- nished to county superintendents, as heretofore, and all possi- ble aid and assistance will be cheerfully rendered whenever requested ; so that if any county should, unfortunately, incur the penalty named in this section, it shall have no right to complain. It is not anticipated that such a contingency will occur. For the past six years,' county superintendents have been re- quired to report annually. That rule will be continued. It is better in all respects than to report only once in two years. The facts and statistics of each year should be collected and tabulated while the memory is fresh and the materials abun-, dant and available. If deferred for two years, the report for the first year is sure to be comparatively meagre and imper- fect, and the materials of both reports to be more or less con- fused. County reports will therefore continue to be due on or before the second Monday of I^ovember annually. § 20. It was the object in amending this section, to correct the erroneous ideas, so prevalent in portions of the state, in. regard to the nature of the office of county superintendent, and the character of the duties belonging thereto ; and, hence, the amendments consist mainly in declaring and defining the educational duties of the position. These amendments should be considered in connection with that of the eleventh section of the act, and as explaining why the legislature abolished the name of " school commissioner " and adopted that of " county superintendent of schools." It is safe to say that numbers of our people have had no proper conception of the real duties of school commissioners. They have been thought of merely as the financial and disbursing agents of the school fund; whose duties consisted mainly in selling a bit of school land occasionally, dividing a little school money, and appropriating the percentage of commissions allowed by law. It is even to be feared that some school commissioners themselves have not looked much beyond these considerations. DISCUSSION OF AMENDMENTS. 59 To dispel such utterly wrong and pernicious impressions, the amendment to the eleventh section declares that there shall be elected a county superintendent of schools; and the twentieth section as amended, declares what are the great, jparamount, all imporiani duties devolving upon him as such. These chief du- ties are not to sell school land and apportion school moneys, but to visit schools ; to study their methods of instruction, discipline and government ; to instruct in the science, art and methods of teach- ing ; to he the adviser and assistant of school officers and teachers ; to promote the formation of teachers' institutes ; and to labor in every practicable way to elevcde the standard of teaching, and to improve the condition of the common schools of his county. These are high educational duties and responsibilities, not mere business and financial details ; and it is for these great ends that the office of county superintetident of schools has been created — an office not surpassed by any other in the magnitude, dignity, importance and difficulty of the duties imposed — duties which absolutely demand for their proper discharge, the ablest, best, and most experienced educational men that can be found — duties that require not only great ability and special qualifications, but much time, attention and thought. I rejoice that so many of the pres- ent superintendents are of this character. I call upon the people of every county in the state, to see to it that these high interests are entrusted to no other class of men. Do not give the highest county school office to men who seek it only for the sake of the commissions accruins: from the sale of land and the division of the school fund, but to those who comprehend, and are able to perform the Infinitely more important duties pointed out in this section. Let no private, personal, or political considerations prompt you to place any but the very best available man in this responsible position. As has already been said, the financial duties of a county super- intendent, though highly important In their sphere, are utterly insignificant when compared with his educational duties. Any man of ordinary honesty, and of even less than ordinary business capacity, can sell a piece of land, or apportion a few hundred dollars. But no mere business man, be his talents ordinary or ex- traordinary, can successfully meet the educational requirements of this and other sections of the school law. It Is these duties which impart all real value and significance to the office of county super- 60 DISCUSSION or amendments. intendent. Apart from these duties, the office might be abolished without material detriment to the essential interests of common schools. From no other cause have the intejrests of common schools suffered so much as from the lack of close, competent, energetic and faithful supervision. In both of my reports to the legislature, I earnestly invoked its aid to provide a remedy for this great evil. In urging this point the following language was used : " The great want of our free school system is supervision. The need of this is felt in all its departments and agencies, from the highest to the lowest. The impossibility of obtaining full and reliable data for the statistical reports, though a serious evil, is the least of those which flow from the absence of systematic and responsible supervision. The schools themselves, and the essential interests of education, are the greatest sufferers. The lack of efficient subordinate super- vision is fatal to every effort of the state superintendent to give unity and strength to the system, and equally so to the plans of commissioners for the improvement of the schools of their respect- ive counties. It is vain to make recommendations or issue letters of instruction, if there are none to see that they are carried out. Hence the want of unity and co-operation among the various offi- cial agencies of the system. Irregularities are unnoticed or winked at ; errors in government and classification — vicious arrangements of studies and methods of teaching are suffered to exist, all of which would instantly be detected by the vigilant eye of an expe- rienced visitor, and the proper remedy be applied. " Hence there should be a competent, earnest and faithful county superintendent in every county of the state, who should be required to devote his whole time to the watchful care and supervision of the common schools of his county ; and for these services he should receive a suitable compensation. Under the influence of such an officer in every county of the state there would, in a single year, be such a change for the better in the con- dition of the public schools, as would surprise the most sanguine and convince the most skeptical. Activity would succeed stag- nation, order arise from confusion, uniformity from diversity, strength and success from weakness and failure. " The county superintendents would be the prompt, efficient and reliable agents through whom the state superintendent could at all times communicate with the schools of the state and carry out his DISCUSSION OF AMENDMENTS. 61 plans for their improvement ; they would be the ready and con- stant advisers of teachers, directors and township officers ; coun- seling them in their duties, relieving them in their perplexities, assisting them in their records and in all the business details per- taining to the schools. They would be active and efficient helpers in preparing for, organizing and conducting teachers' institutes, and in bringing the people to see the necessity of thorouo'h teachers and sound principles and methods of instruction. And when the time for the annual reports arrives, the central office would have prompt, complete and harmonious materials from which to prepare the state report, and thus the legislature and the people would be furnished with minute and authentic data as to the progress of the whole system. " For this work the very best and most experienced educational men should be chosen — practical teachers, if possible. There is not a county in the state where the ablest and strongest of such men would not find scope for all his time and all his powers, and still leave much labor undone that ought to be per- formed. The idea that this work can be properly done by any man in connection with or in addition to any other regular pro- fession or employment, is absurd ; the mere business and financial matters connected with the schools may be attended to by a per- son engaged in other pursuits, but to speak of this as scJiool super- vision would be a strange perversion of language. The fact that little more than this is done or attempted by some of the school commissioners of the state, is not their fault, but that of the sys- tem. There are not five counties in the state in which the com- pensation now allowed school commissioners by law, is alone ade- quate for their support ; no man therefore, can take the office of school commissioner unless he has some other means of income. " The supervision here recommended will cost something, but it will amount to something. It will be an infinite gain to the schools and in the end be in every sense the cheapest. This is the testi- mony of every state where it has been tried, and is indeed self- evident ; for all know that honest and vigilant supervision is the life and strength of every enterprise requiring numerous and di- versified agencies." I congratulate the friends of free schools that the agency so long needed has at length, in part at least, been provided. The legislature has given us county superintendents of schools, and has 62 DISCUSSION OF AMENDMENTS. tlius recognized, as never before, the true nature of the office. It is for us to see that the just expectations of the friends of this im- portant change are not disappointed. It is obligatory upon county superintendents to visit every school in their respective counties, at least once in each year. Less than this ought not to be required; much more is expected. Every school has a right to the benefit of such official visitation. The value of an encouraging word to a faithful teacher, or an approv- ing remark to deserving pupils, or of a kindly hint or suggestion, is very great. A devoted and competent superintendent will always be able to draw from the storehouse of his experience and observation, an apt suggestion or a timely hint, some word of counsel or advice, which will cause his visit to be pleasantly re- membered and its repetition to be desired. The visitations of the superintendent should be conducted with a definite plan and aim, and the results carefully noted and pre- served. He should always aim at some positive practical good, both to himself and to the school ; hence, he must know how and what to observe, and how and what to speak. There is no won- der-working magic in the mere oflScial visit of a county superin- tendent — he must know what he is about, and be master of the situation, or the comments that will follow his departure may be the reverse of complimentary. If a superintendent does not un- derstand the science, art and methods of teaching, it is needless to say that he cannot instruct others in them ; nor will it be long be- fore both the teacher and pupils of the school visited, will find it out. But the visits of a superintendent of large experience, am- ple endowments, and an earnest, intelligent purpose, cannot fail to be always most welcome and most useful. In order to form a just opinion of the real condition of the school visited, the ordinary routine of the exercises should not be disturbed or suspended, and the visit should not be less than two or three hours, if practicable. The practice of arresting the usual proceedings in order to enable the visitor to witness the per- formance of a few favorite scholars or classes, is all wrong — it defeats the whole object in view, which is to ascertain how the daily work of the school is done, not to be amused or astonished by the achievements of a trained few. The superintendent calls to inspect the school, not to attend an exhibition. Still worse is the habit of suspending all business when the inspector enters, DISCUSSION OF AMENDMENTS. 63 until he "makes some remarks," and not resuming until he re- tires — leaving both parties precisely as wise as they were before. The intention of the law is plain ; the superintendence contem- plated will require careful study and preparation. Mere visita- tion is not what is wanted ; that alone is as useless as for a physi- cian to merely look upon a patient, and then retire. The disease must be understood, and then the remedy applied. So in the edu- cational work ; its principles must be understood, its wants known, and then the proper means employed to correct existing defects. This section is also amended as to the manner of appeals to the state superintendent. When controversies arise, the parties are first to seek the opinion and advice of the county superintendent. If his decision is satisfactory, that ends it. If not, then the county superintendent forwards a written statement of the facts in the case, to the state superintendent. This mode of conducting ap- peals is more simple than that under the old law, besides avoiding the contingency of cases where an agreed statement cannot be ob- tained, as not unfrequently happened under the former plan. The county superintendent, having already examined the case and afforded the parties a full hearing, is familiar with all the essential points in issue, and can readily embody them in his statement to the state superintendent. But it is the intention of the law, as amended, that all matters of doubt, or in respect to which information or advice is needed, should be referred, primarily, to the county superintendent. He " shall be the official adviser and constant assistant of the school officers and teachers of his county." He stands at the head of the common school system of his county, and is the proper officer to apply to on all subjects relating to the interests of the schools, and to the rights and duties of school officers and teachers in his county. It is his duty to be thoroughly acquainted with the law, with its official and judicial interpretations, and with the whole frame-work of our educational system, and thus to be qualified as the official and intelligent adviser of all in his county who may need his assistance. This was undoubtedly contemplated in the original adjustment of the several classes of school officers ; it is the shortest and most natural course for the parties concerned ; it relieves the central office of an unnecessary burden, and smooths and simplifies the operations of the whole system. If the county superintendent 64 DISCUSSION OF AMENDMENTS. should be unable to give the information, or to answer the ques- tions submitted to him, it is his right and duty to apply to the state superintendent for the necessary advice or instructions, which the latter is bound to furnish — promptly and fully. But the county superintendent was intended to be, and is, the proper advisory and consulting officer on all common school matters in his county, and as such he should be first applied to. In the great majority of cases he can furnish the desired information or counsel, and thus save much time and delay to the parties concerned. Should matters of a controversial nature be submitted to the state superintendent, he will deem it his duty to decline to con- sider or pass upon them until they shall have been referred to the county superintendent, as required by law. All such matters will receive prompt attention when they are received through the reg- ular and prescribed channel, namely, through the county superin- tendent, and not otherwise. This is not to cause the parties need- less trouble, nor to save the state superintendent from labor, but to subserve the ends of truth and equity, and to comply with the law. The one great end sought by the prior reference to the county superintendent, is to furnish the state superintendent the means of rendering a just and impartial decision, should the case come before him by appeal. The department will, in all cases, decline to furnish an opinion or decision in a case where legal proceedings have been already instituted, or are pending ; nor will such opinion be knowingly given to be used in a court of justice where the question or ques- tions are being tried ; nor where the object is to use such decision in legal proceedings proposed to be instituted. Official opinions will be declined in such cases for two reasons : first, because the object of clothing the state superintendent with authority to deter- mine school controversies is to prevent litigation, not to furnish parties or their counsel with the means of gaining a suit after legal proceedings have commenced ; and, second, because by the terms of the 8th section of the act, the state superintendent has nothing to do with cases which have been taken into the courts — his juris- diction ceases the moment that of the courts begins. He neither has nor claims, nor wishes to have or to claim, any judicial authority. § 23. The amendment to this section provides for the election of one township trustee annually, and extends the term of office DISCUSSION OF AMENDMENTS. 65 to three years ; being the application of the same principle to the election and tenure of trustees, as obtains in respect to the election and tenure of school directors. No amendment has worked better than that which extended the term of office of directors from one to three years, and which obviated the great evil of an entire change of men and measures every year, by providing for the re- tirement of one director annually, leaving a majority of the board still in office. There is no reason to doubt that equally great ad- vantages will follow the incorporation into the law of the same rule in respect to township trustees. It will give stability and uniformity to the policy of the board, and avert the evils incident to an entire change of members every two years. The new rule took effect at the last regular election of trustees, ■when three trustees were chosen. Within ten days after an elec- tion the trustees elect must meet and draw lots for their respective terms of office. The manner of drawing lots is probably familiar to all. Three cards or slips of paper, of uniform size and shape, are prepared, on one of which are written the words, ^^one year;" on another, '■'' two years ;''"' and on the third, ^^ three years." The slips of paper are then folded separately, and placed in a box, or other receptacle, when each trustee elect proceeds to draw forth one of the cards or slips, and hands it to the clerk of the board, •who reads aloud the words written thereon. The trustee who draws the card marked " one year " holds his office for one year ; the trustee who draws the card marked " two years " holds his office for two years ; and the trustee who draws the card marked " three years " holds his office for three years. There are many other modes of drawing lots, which need not be described ; the method suggested is one of the most common and simple. Any mode may be adopted which will carry out the intention of the law, which is to determine the respective terms of office strictly by lot, or chance, without design or partiality. As soon as the term of each trustee is decided, the clerk of the board must see that the same is duly recorded in the book of proceed- ings, as evidence of the fact. The amendment provides that if but two of the trustees elect shall be present at the meeting for the drawing of lots, said two trustees shall proceed to draw lots, the same as if all were present, and the lot not drawn shall determine and fix the term of office of the remaining trustee. The object of this is to avoid delay, and to 5 66 • DISCUSSION OF AMENDMENTS. prevent any one member elect from hindering the organization of the board, and defeating the intention of the law, by neglecting or refusing to attend the meeting. It is plain that the rule prescribed by the amendment is just and right, for the three cards or slips must be put in the box, the same as if all the members were pres- ent, and after two of said slips have been drawn the remaining one must necessarily decide the tenure of the third trustee. When but two of the trustees are present at the drawing, as aforesaid, it will be the duty of the clerk to record the term of office of the absent member, after it shall have been determined as aforesaid, as well as the term of the two who are present ; and said record shall be final and conclusive. The respective terms of office of the trustees having been de- termined, one trustee will thereafter be elected annually — the trus- tees retiring in one, two and three years, respectively, according to the lot drawn by each one. The notice of each subsequent annual election of one trustee, must be in the form prescribed by law, and should also designate, by name, the trustee whose term expires, and whose place is to be filled by said election, and the length of time for which the new trustee is to be elected. In case of va- cancy, by removal, resignation or death, the trustee elected to fill such vacancy, can only hold his office for the unexpired term of the member whom he succeeds. 5 25. The election of trustees havlno- been changed from three, biennially, to one, annually, this section is amended by substitut- ing the latter word for the former, so that it shall conform to the facts in the case. This section is further amended by the very im- portant proviso, that If the township trustees, or their treasurer, shall fail or refuse to order the regular election of trustees, Or an election to fill vacancies, the duty of ordering such regular or spe- cial election shall devolve upon the county superintendent. The object of this provision Is to put an end to the practice of suffering elections of trustees to go by default, thus perpetuating the same board from year to year, and in some cases almost from age to age, to the great detriment of the Interests of the schools and school funds. Heretofore, such self-perpetuation has been both easy and frequent ; It was only necessary for the trustees, or treasurer, to let the time of election go by, without giving the required notice, and as no other officer was authorized to order the election, none DISCUSSION OF AMENDMENTS. 67 would be held, and the old board would continue in office another term, when the same thing would occur again, and so on for a series of years. The amendment furnishes the needed corrective of this chronic evil and abuse. When the time for the stated elec- tion of trustees arrives, and the board fail or refuse to give the re- quired notices, (through the township treasurer,) the fact should be made known to the county superintendent whose duty it will then be to order the election. And if a vacancy occurs in the board, and the remaining trustees shall fail or refuse to order an election to fill such vacancy, it likewise becomes the duty of the- county superin- tendent, upon being apprised of the fact, to order the election. County superintendents are urged to a prompt performance of the duties enjoined upon them by this amendment. They are to see that any neglect on the part of township officers in respect to school elections, is remedied without delay. They are to cause it to be understood that there must be an election of trustees at the stated time, annually, and not once in five, ten or twenty years, and that if this matter is not attended to by the trustees, it will be attended to by the county superintendent. The law in relation to the election and tenure of trustees is as plain and as binding as any other part of the act, and must be observed accordingly. It it had been the intention to allow trustees to order elections when they pleased, or not to order them at all unless they pleased, or to continue themselves in office as long as they pleased, the legis- lature would have so enacted. But as no such discretion is given in the law, none can be allowed in practice. When, through de- fault of township officers, elections are ordered by county superin- tendents, the latter will be careful to see that the notices are in due form of law ; and it is of great -moment that the poll book, and certificate of the judges, should be in proper form, and delivered to the county superintendent without delay. Neglect of this has caused a vast amount of difficulty. As the poll book, with the certificate, constitutes the legal evidence of election, the county superintendent must see, in all cases, that they are carefully filed and preserved. § 32. The principal amendment to this section Is' in respect to tenure of office of the president of the board. Under the old law the president held his office during the period for which the board was elected, viz : two years ; but this is obviously imprac- 68 DISCUSSION OF AMENDMENTS. titable under the new provisions relative to the election and ten- ure of trustees, because the member appointed president may be, and is always liable to be, the one who holds the shortest, or one- year term, and consequently cannot serve for two years, even if appointed for that period. It is obvious that no detriment to the interests of the board can grow out of this reduction of the terra of the president to one year, since, if he prove an efficient and acceptable officer, he may be re-appointed from year to year, and when his term of service as trustee expires he may be re- elected and again appointed president, if desired. On the other hand, if the member appointed president should prove incompe- tent or inefficient, a change may be made a year sooner than was formerly practicable without an act of removal. It will be observed that stated meetings must be held on the first Mondays of April and October, and that special meetings may be convened as often as the educational interests of the town- ships may require. Of all meetings of the board, whether stated or special, every member of the board should have due and timely notice, but any official business of the board may be legally trans- acted by any two members thereof. Every newly elected board of trustees should organize, by the appointment of a president and clerk, without unnecessary delay, as business requiring the official signatures of those officers may, at any time, arise. The president and clerk should be appointed with the greatest care, and with sole reference to their fitness for the duties of their respective positions. The president should be a man of good judgment,- punctual habits, and well acquainted with the inhabitants and business affairs of the township. In appointing their treasurer, the board should reflect that to his financial ability and integrity all the pecuniary interests of the corporation are intrusted, and that no motive can therefore justify them in knowingly appointing to that important position a man destitute of those essential qualities. Many of the losses incurred, and difficulties encount- ered, in the management of the business and financial affiiirs of townships, are directly traceable to the lack of proper caution in the selection of township treasurer. In addition to his business qualifications and thorough trustworthiness of character, he should also, if possible, be a good penman, and familiar with the keeping of records and other official proceedings. The absence of these latter qualities is always to be regretted, and especially in a posi- DISCUSSION OF AMENDMENTS. 69 tion like this, where so much depends upon accuracy and system. The records of the board are moreover a public record, to be always ready for public inspection ; and consldei^atlons of taste and laudable pride should prompt the trustees to see that their official records and papers are In competent hands. It must be borne In mind that the person appointed treasurer cannot be either a member of the board of trustees or a school director ; should this rule of the law be vio- lated, such appointment would be void, (although the official records would not thereby be invalidated,) and another appointment must be made In conformity with the provisions of the act. In the ab- sence of the president or clerk, the persons filling those positions, for the time being, should be careful to sign all official papers and proceedings, as president or clerk '■'■pro tempore.''^ For any malfeasance or misfeasance In office, the president or clerk should be promptly removed by the board, as authorized by law. It Is the especial duty of the clerk to be regular and punc- tual in his attendance at every meeting of the board, and he should be chosen with reference to his ability to comply with the law In this respect. I would most earnestly call the attention of boards of township trustees to the necessity of providing good and well bound books, In which to record their official proceed- ings. Such books are to be paid for out of the school funds of the township, and failure to procure such as are suitable is there- fore entirely Inexcusable. § 33. The first point to be noticed In this section, as amended, is the removal of the restriction Imposed by former legislation, relative to the minimum number of school districts, and the maxi- mum extent of the territory of each of such districts, within a given township. By an act passed February 22, 1861, and which was in force until the passage of this amendatory act, February 16, 1865, It was provided that there should be at least two school districts In every organized township, otherwise the taxes levied therein for school purposes were Illegal and void. It was further provided In said act that no land, real estate or personal property could be legally taxed to build or repair a school-house, or to sup- port a free school, unless such realty or personalty lay within three miles of the proposed site of the house to be built, or within the same distance of the house to be repaired, or of the house or place where the school to be supported was actually kept. 70 DISCUSSION OF AMENDMENTS. Under tlie operation of that act no township could be organized into a single district for school purposes, or, which was practically the same thing, no school taxes could be legally levied or collected in a township so organized ; and in like manner all townships which had previously been so organized, were obliged to re-organize in conformity with that act, in order to retain the necessary author- ity to levy and collect school taxes. As trustees are expressly authorized by this section, as amended, to lay off their respective townships "into one or more districts ;" and as the last section of the amendatory act under consideration repeals " all acts and parts of acts coming in conflict with the provisions of this act," it fol- lows that the prohibitory act of February 22, 1861, is repealed and void, being in direct conflict with the provisions of this sec- tion, as amended. The way is therefore open for the formation In each township of school districts of such territorial extent as may be deemed most convenient and beneficial, without reference to the number of miles that the boundaries of said districts may be from the school- house or school. The township trustees have discretion as to the number of districts that they will form ; it may be " one or more." If it is the desire of a majority of the inhabitants, and in accordance with their own judgment, to have but one school district in the town- ship, they may lawfully organize and constitute the entire township into a single school district. The principle applies both to the origi- nal organization of the districts of a township, and to subsequent changes in said districts ; that is, the trustees may establish but one district when they first establish any ; or they may consolidate into one district all the districts previously established in the township — they have the same discretion in both cases. In the practical exercise of the very important authority con- ferred by this amendment, trustees should be cautious and pru- dent, carefully considering the wishes and convenience of the people concerned, and acting with sole reference to the best inter- ests of the schools of the township regarded as a whole. While they should not hastily disturb existing district organizations, or for trivial causes, they should not hesitate to do so where it is clear that a better class of schools can be established, and the general educational interests of the township be better promoted by such a course. It is probably true that in the majority of townships it is best that there should be, under our present school DISCUSSION OF AMENDMENTS. 71 system, several school districts, but It Is equally true that many instances exist in which the consolidation of all the districts of a township would be highly beneficial. Some of the very best school districts In the state have hereto- fore been so organized. One of the chief excellencies of such consolidation Is, that it at once makes practicable a system of grading, which is a fundamental condition of the best class of schools. It permits the establishment of a high school at or near the center, and of Intermediate and primary schools at convenient points throughout the township, thus forming a complete and efficient system of schools for the township. Nor Is It true, as Is supposed by some, that the burdens of taxation will fall unequally in the case of such large districts ; It is in fact simply the adoption, in such cases, of the township system of school districts — a sys- tem that can be proven to be immeasurably superior to any other, in all the essential elements of economy, simplicity and vigor. It sweeps away the numberless Irritations Incident to the changes of district boundaries — the additions and subtractions of territory — the alternate divisions and consolidations of districts. It reduces the number of corporations in each township, from a half score, or more, to one ; and abolishes a proportional amount of useless ma- chinery and unnecessary offices. It substitutes a uniform rate of taxation, for as many different rates as there are districts in the township. It requires the strong to help the weak, and the weak to help the strong, and so equalizes all burdens, and strengthens and invigorates the whole. While the property of the sparsely settled rural districts is taxed to build the costly house and to sup- port the expensive school of the populous center, or town, or vil- lage — the property of the latter is also taxed in the same ratio to meet the wants of the former. Each portion of the township has an interest In every other portion, and there can be no conflict of interests. The schools of the township are for all, open to all, and located with reference to the convenience of all. The children at- tend whatever school Is of the proper grade and most accessible. The whole school population of the township pass regularly forward through the primary, intermediate and grammar schools, on to the high school, and thus complete their course of common school training harmoniously, economically and successfully ; and that, too, at home, under the watchful care of their parents and friends — a blessing which cannot be estimated. 72 DISCUSSION OF AMENDMENTS. For an amendment whicli brings these advantages within the reach of every township that chooses to have them, we cannot be too thankful. It will prove of inestimable value to all townships that will avail themselves of its privileges and make thorough trial of its benefits. The simple and comprehensive principle established by this amendment renders unnecessary nine-tenths of the special acts of ischool incorporation passed by every legis- lature, including many enacted by the late general assembly. When boards of trustees desire to exercise the discretion conferred by this amendment, it will only be necessary for them to change the map of their township to correspond with the consolidation of districts, or with the organization of the whole township Into one district, as the case may be, and file said map, so changed and duly certified, with the clerk of the county court. Township trustees cannot be too careful to see that all chano:e8 of district boundaries are promptly and accurately recorded by their treasurer, and re- ported to the county clerk. Inattention to this duty has caused much annoyance to county clerks, and often resulted in the loss to districts of the taxes necessary to carry on the schools. It will be observed that the language of the amendment re- specting the formation of school districts out of parts of two or more townships or fractional townships is, that the trustees of schools of the townships interested shall " concur " in the forma- tion of such distMcts. Prior to this amendment trustees were re- quired to " act in conjunction " in such cases. The language of the amendment is much more perspicuous, and fitly expresses what was undoubtedly the intention of the law, even prior to the change. Many have supposed that districts, composed of parts of two or more townships, could not be legally established unless the trustees of the respective townships literally acted in conjunction, i, e. met together, and in joint session consummated the organiza- tion of such districts. It will now be clearly understood that the concurrence only of the respective boards, is required ; the subject may be separately considered and acted upon by each board con- cerned, at their respective places of meeting, and, if the proposi- tion Is agreed to, or concurred In by each board, the requirements of the law are satisfied. The only restriction Is that such action must be had by the respective boards at a regular session. The remaining amendments to this section relate to the forma- tion of new districts, and the proper apportionment of school DISCUSSION OF AMENDMENTS. 78 funds and property to the respective districts concerned. The first point to be noticed in this connection is the very important one, that hereafter no division of school funds or property is re- quired to be made unless an entire new district is organized. Heretofore such division was required when a portion of territory was detached from one district and joined to another, although no new district was thereby constituted. Hereafter no distribution of school funds or property will be required in such cases. It is believed that this provision is just and proper, and it is certain that it will prevent much difficulty and misunderstanding. It is just and equitable, because, when a portion of territory is cut oflf from one district and added to another, the district receiving such accession of territory is permanently benefited by such in- crease of its taxable property, and therefore has no just claim, in addition, to any share of the funds or value of the property re- maining in the other district ; while on the other hand, the district which surrenders a portion of its territory, is thereby permanently deprived of the benefit of the taxes formerly received from the taxable property so given up, and, as a partial equivalent for the loss, it is right that such district should be allowed to retain the funds or taxes that have accrued from the territory set off. Even with the present amendment the advantage is largely and perma- nently on the side of the district receiving the accession of territory, although the present rule of action is much more equit- able than the former one. These facts must be distinctly borne in mind, by the districts concerned, in all future transactions of this kind. New districts in organized townships can only be formed in three ways — first, by the division of one district into two or more districts ; second, by the formation of another district out of parts of two or more districts, and third, by the consolidation of two or more districts into one. In either of the two former cases the division of taxes and other funds is to be made upon the basis of the amount of taxes collected, on the property remaining in each district. But the school property, such as school-houses, etc., is to be appraised, and the value apportioned among the several claimants on the basis of the amount of taxable property remain- ing in each district after the formation of such new districts. The new law is very stringent in requiring a prompt division of funds and apportionment of the value of school property. The tax 74 DISCUSSION OF AMENDMENTS. funds on hand are to be divided immediately, at the time the new district is formed ; such division is in fact to form a part of the official transactions connected vrith the organization of the new district. And all taxes or other funds, due and payable at the time of such new organization, but not yet received, must be divided without delay or default as soon as received. It is also the duty of the board or boards of trustees concerned, to appraise the school property at the time that a new district or districts are formed, and to apportion the appraised value thereof to the respective dis- tricts upon the basis required by law ; and to order their respective treasurers forthwith to place the several amounts, so apportioned, upon their books to the credit of the proper districts. The ap- praisal and apportionment of the estimated value of school prop- erty should, as I have just said, always be done at once — at the time the new district or districts are formed. By the provisions of the amendment it must be done within three months from the formation of such hew district. There is no need of much delay ; many difficulties result from deferring the adjustment of such accounts from year to year, and then setting up a claim to a dis- tributive share of the funds and property. The records of this office show this to have been a prolific source of misunderstanding and trouble. In some instances parties have presented their claims more than seven years subsequent to the formation of the new district. Happily this class of difficulties will be avoided in future ; parties must prefer their claims within three months, or be barred by law. These new provisions are prospective, of course, and not retroactive in their operation ; but I cannot too earnestly urgie the immediate adjustment of all outstanding claims of this character. In respect to the appraisal of school property, if the parties are satisfied to leave it to the board or boards of trustees concerned, there can be no objection ; but, if not, it is suggested that it be left to a board of arbitrators, one to be selected by each of the districts interested, and they two to select the third. The appor- tionment of the appraised value is to be in proportion to the amount of taxable property in each district concerned, which amount can be readily ascertained from the books of the assessor. It can hardly be necessary to point out in detail the method of procedure in such apportionment, but a simple illustration may not be amiss. If two districts are formed from one, and the amount of DISCUSSION OF AMENDMENTS. 75 taxable property remaining in the district so formed is $10,000 and $15,000 respectively, and the appraised value of the school-house is i500, then the distributive share of the former is $200, and of the latter $300, and in the same manner for any other case. Let it be particularly noticed that as soon as the property is appraised and apportioned as aforesaid, it is the duty of the treasurer to charo-e the district retaining the school-house with the amount due the other district, and to credit the latter with the same. If the district retaining the school-house has not the means of paying over what is due the other district, the directors must take prompt meas- ures to discharge their indebtedness, by a tax or otherwise. Any new district, may of course, waive its claim to a distributive share of the common funds and property, but if not, and a claim is made, it must be promptly granted and satisfied as prescribed by law. The case of the consolidation of two or more districts into one requires no explanation ; the new district owns all the corporate property and funds of the several districts so united. § 34. It will be seen that no material change has been made in this section. The rule of distribution of funds remains the same, viz : one-half in proportion to the number of persons in each dis- trict under twenty-one years of age, and the other half in propor- tion to the grand total number of days' attendance certified in the schedules. A different principle of distribution would doubtless be more equitable in some instances, but it is thought that no gen- eral rule would be upon the whole more just in its operation, or better subserve the two-fold purpose of protecting the weaker dis- tricts, and furnishing the necessary stimulus to a full attendance. The language of this section is much improved by the amendment, being more perspicuous, and omitting some sentences that were either superfluous or of doubtful meaning. It is not seen, for in- stance, why the township trustees should be required, as the old law provided, to direct the treasurer to pay over the district tax money on the order of the directors of the proper districts, since township treasurers are expressly required by other sections of the act to pay out all such funds when collected, on the orders of the boards of directors, by whom they were respectively levied. The trustees are only concerned with the distribution of other funds, upon the basis prescribed in this section, and they are further re- quired to see that each district is properly credited on the books of 76 DISCUSSION or amendments. the treasurer with the amount so apportioned. When this is done the transaction is complete ; the directors of each district so cred- ited can draw on the treasurer for said amount or any part thereof at any time, and all such orders, when legally drawn, must be promptly honored by the treasurer. Further instructions on this subject will be found in the subsequent portion of this work. § 35. This section is amended in several important particulars — 1. While the rule of transfer remains, the permits are to be filed with the township treasurer, instead of the teacher as hereto- fore, and such permits are made to constitute the only conclusive evidence of consent. There is an obvious propriety in this change, since the township treasurer, having to pass upon the correctness of the schedules, is the proper repository of the official evidence of the regularity of transfers. The permits should be carefully filed and preserved by the treasurer for reference, and all parties concerned will take due notice that the schedules cannot hereafter be accepted as evidence of consent, in the absence of written ob- jection, as was heretofore allowed. The obtaining of the necessary permits can occasion but little trouble, and they are essential to the protection of both districts. If the advantages of the trans- fer are not deemed sufficient to balance the little time and care necessary to comply with the requirements of the law, parents cannot complain if their children are excluded. The teacher should, in all cases, be satisfied that a pupil from another district has been regularly transferred, before enrolling him as a member of school ; this precaution may save him much subsequent trouble. 2. There was much ambiguity in this section prior to its amend- ment, in respect to the amount proper to be certified in each sched- ule, as due the teacher. Treasurers were instructed to pay the amount certified, while no rule was given by which that amount was to be computed, leaving directors and treasurers at no small loss how to proceed in the premises, and opening the door for actual injustice and wrong, should the parties be disposed to avail them- selves of it. All doubt upon this point is removed by the amend- ment, which declares that the amount certified in each separate schedule to be due shall be computed upon the basis of the total number of days' attendance of all the schedules. Thus, if a school is composed of scholars from three different districts, and the total days' attendance of each district is 300, 400 and 500 respectively, DISCUSSION OF AMENDMENTS. 77 and the whole amount due the teacher is $120, then the amounts to be certified in the separate schedules are |30, $40, and $50 re- spectively. 3. Perhaps no portion of the old law has been more variously interpreted, or occasioned more perplexity than that part of the thirty-fifth section which related to the manner of forming union districts. Especial difficulty was experienced as to the status of the separate boards of directors after the act of consoli- dation. All ambiguity is removed by the amendment, and the mode of procedure is simple, clear and explicit. Whenever the directors of two or more school districts are of opinion that the interests of their respective districts will be promoted by consoli- dation, it is only necessary that the proposition to consolidate should be approved or concurred in by a majority of each of said boards of directors. The proposal may be considered and adopted by each board separately, or in joint session, as they may elect. No district can be included in the act of consolidation without the consent of at least two of the directors thereof After the meas- ure is agreed to, the directors of the concurring^ districts will meet in joint session and appoint the union directors. The mode of appointment is not stated in the law, nor is it material. It may be by nomination and vote, or in any other fair and equitable manner. The new directors may be taken from the members of the old boards, or not, as may be deemed best ; but they should in all cases, if practicable, be taken from different parts of the union district, and not all from one part. When the union directors are chosen and appointed, it only remains for the old directors to draw up and sign the official instrument by which the transaction is consummated ; upon the delivery of which (or one of the same tenor), to the township trustees of the proper township or town- ships, the transaction will be legally consummated, and the union district fully and lawfully constituted.* Immediately upon the receipt of the proceedings and certificate of the constituent boards of directors as aforesaid, it will be the duty of the township board or board of trustees, to change the map of their township or townships, in conformity with said pro- ceedings, and to file the same with the clerk of their county court, and thereafter the district so formed will be known and rec- * See form of certificate under the head of Forms of School Instruments. 78 DISCUSSION OF AMENDMENTS. ognized, under the name and style given to it in said official pro- ceedings, the same as other districts are known and recognized ; and said district will be entitled to all the rights and privileges, of every description, enjoyed by other districts. The directors, chosen and appointed as aforesaid, will, at their first meeting as such, draw lots for their respective terms pf office for one, two and three years, and will thereafter be elected as provided by law in the case of other directors. It will be observed that districts may be formed by consolidation, under the provisions of this section, at any time ; whereas all new districts established by order of township trustees must be formed at some regular session of said board of trustees ; and it will be further observed that the formation of such districts, provided the forms of law are complied with, is entirely independent of the township trustees, the latter having no right or authority to inter- fere with, or refuse their sanction to the legal acts of the constitu- ent ^oards of directors, in the formation of such districts ; their rights and duties in the case being confined to changing the map of their township, or causing the same to be done, and filing said new map with the county clerk. The provisions of this section, it will be noticed, are, in a sense, supplementary to those of the thirty-third section, authorizing changes in school districts to be made in certain cases by the di- rectors instead of the trustees, thereby meeting exigencies which may arise, where desirable changes could not be effected through the regular channels prescribed in section thirty-three. The di- rector drawing the shortest, or one-year term, will, in all cases, retire at the regular annual election of directors next succeeding the time of the formation of the union district. If, for example, a union board should be appointed in May of any year, the term of service of the member drawing for one year will expire at the fol- lowing August election, when a new director will be elected for the full three years' term. § 86. It is the intention of the addition to this section to hold township officers to the same responsibility, in respect to the re- turn of statistical reports, as is imposed upon county superintend- ents, and to secure this end it is provided that neglect or failure to furnish such reports, in the manner and within the time required by law, shall work the forfeiture of the public school fund for the DISCUSSION OF AMENDMENTS. 79 next ensuing year. The considerations presented in the remarks, under the seventeenth section of the act are equally applicable in this case, and need not be repeated. The amendment, as in the other case, is highly penal in its provisions, but there need not be, and I trust, will not be, any occasion to enforce them. It devolves upon county superintendents to see that the requirements of this amendment are complied with, and to withhold the funds in case of refusal, or willful neglect, on the part of township trustees and treasurers to discharge the plain duty required of them by law. The state superintendent is authorized to remit the forfeiture, as in the seventeenth section, upon being satisfied that the circum- stances are such as to entitle the parties thereto. § 39. The last period of section thirty-nine, which relates to the consolidation and division of districts, and to the distribution and adjustment of the funds and property, is stricken out, because the provisions of said period are incorporated into section thirty- three, as amended, where they properly belong. No other change is made in this section. All of those provisions of the law which pertain to the formation, alteration, division and consolidation of school districts, (except as regards the formation of union dis- tricts,) are brought together by this amendment into one section, (33d,) instead of being dispersed through the act ; an arrange- ment that will greatly contribute to the convenience of reference. § 42. The amendment to this section consists in the addition of provisions similar to those attached to the twenty-fifth section, and with the same end in view, viz : to guard against the conse- quences of the neglect or refusal of the proper oflficers to take the necessary steps to order regular or special elections. The same evils, that rendered such legislation necessary in the case of town- ship trustees, had existed in respect to the election of school di- rectors. Notwithstanding the law requires the immediate filling of all vacancies in district boards, whether caused by resignation, removal, or expiration of term of service, it is well known that this, in many cases, has not been done, and that vacancies have remained long unfilled, to the great detriment of the schools. Under this section, prior to the amendment, notices of all stated elections were required to be given by the directors, and of all special elections to fill vacancies, by the remaining director or di- 80 DISCUSSION or amendments. rectors ; hence, if they failed or refused to act in the premises, there was no other mode by which such elections could be legally ordered. Hereafter, if notices of any regular or special election are not given by the directors at the time required by law, the duty of ordering such elections will devolve first upon township treasurers, and upon their failure or refusal, then upon county superintendents. If no election for directors is held on the first Monday of August, the township treasurer must, within ten days, order such election; and if, at the expiration of said ten days, such order is not issued by the township treasurer, the county superintendent must, within the next ten d'ays, order such election. The township treasurer or county superintendent may proceed to order district elections as provided by this amendment, upon the written information and request of any legal voter of any district in which default of holding such election has been made. All elections of directors must be held on some Monday. The directions above given, apply also to the ordering of elec- tions to fill vacancies, i. e., when a vacancy occurs from whatever cause, the remaining director or directors are required to order an election immediately to fill such vacancies. Upon their failure to do so, the township treasurer must give such order within ten days from the occurrence of such vacancy, and upon his default, such order must be issued by the county superintendent within the next ten days, as aforesaid, upon due information or request, as before mentioned. It is believed that this important point is now as effectually guarded as it can be by legislation, and that district elections cannot hereafter go by default, nor vacancies re- main long unfilled, except by the most unpardonable indifference and neglect upon the part of the citizens of the respective districts. § ,44. County clerks have heretofore been subjected to much inconvenience, in consequence of having to deal with each sepa- rate board of directors of the county, instead of with the town- ship treasurers only, as is provided by this amendment. It is plain that the township treasurer is the proper person to whom such certificates should be delivered by directors. He stands at the head of the financial affairs of his township, and is the proper officer to whom the local district officers should report. He is, moreover, more accessible, and better acquainted with the condi- tion and circumstances of each district, than the county clerk, and DISCUSSION OF AMENDMENTS. • 81' can more reliably correct any clerical errors in the estimates and certificates of the directors. Not only the convenience of county clerks, but that also of the directors, as well as the certainty and reliability of the estimates and lists of resident tax-payers, will be greatly promoted by the changes made in this section of the law. The certificates of directors, with lists of tax-payers, must be delivered to the township treasurer on or before the first Monday of September ; and said certificates and lists, after being carefully examined, and all errors, if any, duly corrected, must be delivered by the township treasurer to the county clerk on or before the second Monday of September. School directors must be punctual to the time fixed by law, if they expect their estimates to be received. The township treasurer may reject any returns made to hi«i after the first Monday of September, just as the county clerk must decline to receive any estimates delivered to him after the second Monday in September. The amendment allows each township treasurer one week in which to examine, compai'e and correct the returns made to him, and deliver the same to the county clerk. This time is suflScient, if directors are punctual. The township treasurer must not be expected to incur the risk of failing to make timely returns to the county clerk by waiting beyond the time fixed by law, for the accommodation of tardy or careless di- rectors. They must see to it that no district loses the benefit of its special tax through any fault or remissness on their part. In order that county clerks may be furnished with the latest reliable data upon which to extend district taxes, the amendment further provides that whenever changes shall have been made in the boundaries of districts subsequent to the last preceding levy and extension of such taxes, it shall be the duty of township treasurers to prepare and return to the county clerk, with the certificates and lists aforesaid, new maps of their townships defining and showing such changes of district boundaries. This is a matter of great importance, for county clerks are governed by the last offi- cial township maps on file in their respective oflfices, and cannot be expected to take cognizance of changes which have never been reported to them. Township treasurers are enjoined to a careful compliance with the provision requiring lists of tax-payers to be alphabetically ar- ranged. This can easily be eflfected on their part, and is of the 6 82 . DISCUSSION OF AMENDMENTS. utmost convenience to county clerks, whose duties, in connexion •with district taxes, are very onerous, and every practicable facility should be aiForded them in the discharge of their duties, by district and township officers. It is believed that the amendments to this section will prove among the most acceptable and salutary of any embraced in the amendatory act. • § 47. This section is amended In three particulars — 1. The first three periods of the section, as it formerly stood, are stricken out, said periods (which relate exclusively to the mode of proceeding with certificates of taxation and lists of tax-payers in the case of districts lying partly in two or more counties) having been transferred to and incorporated with the forty-fourth section of the act, as amended, where they more properly belong. 2. By the amendment the sum that may be harrowed in any one year by the directors, upon a vote of the people, for purposes specified in this section, is increased from three per cent, to five per cent, of the taxable property of the district. 3. In like manner the amount of tax that may be levied in any one year for said purposes is increased from two per cent, to three per cent, of said taxable property. It is presumed that the exi- gency will rarely arise when it will be deemed expedient to borrow and levy respectively in any one year the maximum amounts au- thorized by the amendment ; but as circumstances may occur when it will be desirable to do so, the legislature has wisely conferred the necessary authority. The check is that neither the amount specified in this section, nor any sum at all, can be either borrowed or levied without a vote of the people first obtained. Experience shows that interests of this nature may be safely left with the tax- payers, at least so far as any danger of inordinately large levies are concerned ; the difficulty, if any, usually lying In the opposite direction. The people, as a rule, are prudent and conservative, and little disposed to indiscreet or extravagant expenditures. On the other hand, it would seem to be in strict accordance with the theory and spirit of our institutions and laws, and of the principle of self-government, that where a community chooses voluntarily to make sacrifices for their children, and for the public good, and, of their free will to impose upon themselves burdens of taxation, even though excessive, they should not be restricted in their right to do so. DISCUSSION OF AMENDMENTS. . 83 It will be observed that money may be borrowed, and taxes levied for the purposes, and upon the conditions and rates prescribed in this section, in the same year^ in order that provision for pay- ment may be made at the same time that the loan is effected. Should the highest rates be borrowed and levied in any one year, and a like rate of taxation be continued the next year, both prin- cipal and interest could be more than canceled and paid in two years. But while it may not unfrequently be expedient to borrow the maximum rate in a given year, it will very rarely be necessary or advisable to impose the maximum rate of taxation in any one year ; a light tax, one that shall be sufficient to meet the interest accruing on the sum borrowed, and gradually reduce the principal, is generally to be recommended. Notices of meetings to consider a vote upon questions arising under the provisions of this section must be given as provided by the act in the case of other district elections ; the question or questions to be decided being distinctly stated in said notices, and a majority of the votes cast at such elec tion being necessary to authorize the directors to act. § 48. The most important amendment made to this section is that which fixes the minimum age at which children may be ad- mitted into the public schools, at six instead of five years as here- tofore. Such an amendment has long been desired, and will be hailed with profound satisfaction by every intelligent friend of common schools. The consequences of admitting children of the tender age of five years into the crowded public school-rooms of the state, have been regarded with sorrow and alarm. The records of this office show that not less than fifty thousand of these little ones have been annually subjected to the inevitable evils incident to their attend- ance upon the public schools. In my first report to the legislature, I briefly, but earnestly adverted to the subject, and invoked for it the kindly interposition of the law-making power of the state. Some will doubtless regard this change as unnecessary, or even as wrong and unjustly restrictive of the rights of parents, but it would be easy to show by incontrovertible facts that the evils connected with the admission of such young children far outweigh the advantages. If right ideas of the laws of health and growth, both of body and mind, were generally prevalent among teachers and school officers ; if those laws were strictly observed in selecting the subjects and 84 DISCUSSION OF AMENDMENTS. methods of study ; in prescribing the number of school-houses and settling the length and frequency of recesses, and in the ar- rangement of the seats, desks and other fixtures of the school-room ; the reasons for increasing the minimum age of eligibility would lose much of their force. But these favorable conditions are, to a great extent, wanting. Right views on these vital points are the exception — wrong opinions and practices are the rule. No distinc- tion is generally made in school regulations between the oldest and the youngest pupils. The bodies and brain powers of the youngest and smallest are brought under the same restraints and pressure that are imposed upon the oldest and largest. No man can esti- mate the evils which follow in the train of so monstrous a disregard of the fundamental laws of our mental and physical being, and of the distinctions which should characterize each progressive stage of development. The amount of book knowledge gained in a year, in a large mixed public school, by an infant five years old, is of necessity very small ; while inroads upon health, the stifling of natural impulses, languishing, weariness and ultimate disgust with school and school duties, are the sad price that is paid for it. I repeat that no intelligent man can examine this subject, in the light of reason and of facts, without the deepest solicitude. Hereafter no pupil under the age of six years should be received into the public schools. The benefits of this change will be by no means confined to the little ones whom it debars for the time from the schools ; the remaining pupils and teachers will also gain much by the change — the former in receiving a larger share of attention, and the latter in being relieved from nursery duties, and thereby having more time to devote to educational duties. There is the double advantage of having fewer to instruct, and those of an age better fitted to receive and be benefited by the instruction given. The next important changes are embodied in the italicized words of the following clauses of the section : " They shall establish and keep in operation for at least six months in each year, and longer if practicable^ a sufficient number of free schools /or the proper accommodation, etc." These changes are Important, as showing the intention of the law in respect to the duration of schools, and the conveniences to be provided. It is a common supposition that the spirit as well as the letter of the law is satisfied with six months' school. This is an error The term of six months is to be regarded only as the DISCUSSION OF AMENDMENTS. 85 mlniinimi, as the least duration that will satisfy the requirements of the law. The whole spirit of the act is to encourage the exten- sion of the terms of schools to a longer period, whenever the cir- cumstances of a district will permit it to be done. In short, while every district must have a free school for at least six months, it may have and it is the design of the law to encourage it to have, as great an extension as practicable beyond that terra. It is hoped that the time is not distant when the average duration of school terms will not be less than seven or eight months in each year. But the intention of the law in respect to the number and char- acter of school-houses, and their furniture and other fixtures, is also clearly shown by the above clause of the amendment. Ar- rangements must be made for the proper accommodation of all the school children of the district. It is as much the duty of school directors to provide suitable school-houses and enough of them, as it is to provide any school-houses at all. They are not to presume that it is immaterial whether their school-houses are properly fur- nished and equipped or not, provided only that the children of the district can in some manner be packed or stowed away in them. They are under solemn, legal and moral obligation to consult the health, comfort and convenience of the children, as well as their bare necessities, in all their school arrangements. They have no right to cr»wd fifty children into a house only large enough for thirty ; they have no right to outrage the laws of health in the construction and arrangement of seats, desks and other fixtures. The district school-houses of the state should be among the most pleasant and attractive buildings in the community, adapted in all respects, to the noble ends contemplated in their construction. If one school-house is not sufficient for the " proper accommodation " of all the children of the district, or is not sufficiently accessible to all, the directors must build another, and yet another if neces- sary ; and when a school-house ceases to be suitable, or becomes too small, they must enlarge and improve said house, or dispose of the same and erect another that shall conform to and fulfill the conditions prescribed by the act. Directors are also authorized by law to adopt and enforce all necessary rules and regulations for the management and govern- ment of the schools. The authority here conferred embraces whatever measures are necessary to secure regularity and punc- tuality of attendance, propriety and decorum of conduct in and 86 DISCUSSION OF AMENDMENTS. about school buildings, prompt obedience to every lawful require- ment of the teacher, and whatever else they may deem essential to the maintenance of discipline and good order, and to the suc- cessful prosecution of study. The right of directors to make all such necessary rules and regulations, and to enforce compliance therewith, by suitable penalties, is clear and unquestionable. It is inherent in, and inseparable from their legal and official relation to the schools, and since the adoption and enforcement of salutary regulations is indispensable to the welfare and efficiency of the schools, it is not only their right, but their duty to make and en- force them ; and, in the exercise of this right and the performance of this duty, they cannot be interfered with or restricted, except for manifest abuse of powers granted by the act, or unwarrantable assumption of authority not conferred. Directors are also required to visit and inspect the schools of their district as often as practicable. This duty is too much ne^ lected. Unfounded complaints against the teachers, originating in malice, prejudice or idle rumors, could often be corrected at once if directors would visit the schools and see for themselves how they are governed and conducted. It Is only by frequent visitation that directors can keep themselves informed of the con- dition and wants of the schools, and allay misunderstandings and asperities as they arise. The occasional visit.of the Iggal guardi- ans of the schools is also a much needed and salutary encourage- ment to both teachers and scholars. It creates and maintains that mutual sympathy and confidence between teacher and directors, which are so essential to success. Directors are also authorized to direct what branches of study shall be taught, what text-books shall be used, and to suspend or expel pupils for disobedient, refractory or incorrigibly bad con- duct. Uniformity of text-books, in the schools of a district, is absolutely indispensable. Different books In the same branch of study should in no case be allowed. Such diversity renders clas- sification impossible ; and without classification there can be no successful teaching. In selecting text-books, directors will, of course avail themselves of, and be largely governed by, the su- perior judgment and experience of the teacher. But uniformity must be Insisted upon, and, when the best practicable selections are made, they should not be changed for light reasons. Frequent change of text-books is a serious expense and a source of much DISCUSSION OP AMENDMENTS. 87 annoyance and irritation to parents and should be avoided. An inferior text-book in the hands of a good teacher is better than the most excellent in the hands of a poor one. Corroborative of the views already expressed relative to the disciplinary powers vested in directors, is the clause conferring upon them the right to suspend or expel pupils for disobedient or refractory conduct ; a right which they should not of course resort to except in ag- gravated cases ; but the exercise of which may become a clear duty from which they must not shrink. For the peace and har- mony of an entire school cannot be permitted to be disturbed, nor its purity to be contaminated, by the incorrigible conduct or bad example of a single scholar. The only remaining amendment to this section which it is nec- essary to notice, is that which authorizes the directors to select and locate school-house sites, in case the voters of the district fail to agree. It is presumed that they will rarely be called upon to exercise the discretion thus conferred, but exigences have arisen, and will undoubtedly continue to arise, when the exercise of the authority here conferred will be in the highest degree beneficial to the interests of the district ; and the wisdom of the legislature in providing for such contingencies cannot therefore be doubted. § 50. I shall consider the provisions of this section, as amended, under the following heads : 1. Examination of Teachers. — Perhaps the most difficult and responsible duty devolved by law upon county superintend- ents, is that of determining who shall be the teachers of our common schools. The county superintendent stands at the gateway of every public school in his county, and decides who shall, and who shall not enter. Upon the manner in which he scrutinizes the moral and intellectual credentials of the ap- plicant, depends the character of the school of which he is to become the teacher. Certificates are to be granted to those only who, upon due examination, are found to possess the quali- fications required by the act. The superintendent may, indeed delegate to others the examination of teachers, but he cannot delegate or alienate the just accountability to which the law holds Tiim for the manner in which the duty is performed. Whether the examination is in person, or by proxy, the responsibility of Kcensing none to teach but such as possess the character 00 DISCUSSION or AMENDMENTS. and attainments prescribed by law, rests upon and abides with the county superintendent. He can in no way delegate or shake off that responsibility — it follows him, and attaches to him, irrevocably, and holds him sternly accountable for the consequences of his "action. If he appoints examiners, he must know that they are competent and faithful ; if he con- ducts the examination personally, he must be patient and thorough ; in either case, and under all circumstances, he should realize that he will be arraigned at the bar of the law, of public opinion, and of conscience, for willful neglect of duty. Every certificate issued to one who is unworthy, either mentally or morally, to receive it, is not only a vio- lation of law, but is a direct blow at the heart of our com- mon schools. Such a certificate is an ofiS.cial license, not to elevate and bless, but to injure and degrade, and it may be to contaminate and curse the schools and the community. Good schools cannot be taught by incompetent teachers; the moral atmosphere of the schools cannot be kept pure by pro- fane or irreverent teachers. If an " undevout astronomer is mad," an atheistic and immoral instructor of youth is a mon- ster. It is by no means a self-evident truth that poor schools are better than none; they may be so poor as to be a great deal worse than none. It is truly lamentable that the num- ber of thoroughly qualified te ichers is so small ; and yet the supply of such is not so muclj less than the demand, as many seem to suppose. Teachers of at least fair abilities are usually to be had, if called for, and a reasonable compensation is offered. The saddest fact is that such teachers are in so little demand. County superintendents can do much to correct this state of things, and I call upon them to do so, by insisting, to every reasonable and practicable extent, upon the full measure of ability demanded by the law. They should strive to con- vince school oflScers and parents how difficult it is to eradicate wrong habits of study, carelessness and inattention, false ideas of facts and principles, from the tenacious and imitative minds of children, when once implanted by sciolists and smatterers and pretenders in the great art of teaching ; and that it is far better to wait till a good and safe teacher can be procured, though at a greater cost, than to accept the services of any other, at any price. I^ot more difficult is it to bring back the DISCUSSION OP AMENDMENTS. 89 gnarled and distorted oak to symmetry and beauty again, than to remedy the eftects of a false and distorted early culture. By all the interests of the present generation and the hopes of the future ; by tha priceless value of a true education, and the hopeless mischief of a false one, let county superintendents see to it that they prove not recreant to the high trust reposed in them in the examination of teachers. Let none of doubt- ful competency be appointed examiners. Practical teachers, or other experienced educational men, should be chosen for that duty if the superintendent is unable to attend to all him- self; and the extent and thoroughness of the examination should not be left to chance or caprice, but should be deter- mined beforehand, and a definite system of marking and just standard of excellence should be agreed upon, so that the records of the examination may enable the superintendent to decide upon the merits of the candidate before granting the certificate. A part of the examination should also be written, in which case an inspection of that portion of the candidate's work will greatly assist the county superintendent in forming a correct judgment of the mental habits and proficiency of the candidate. In an experience of four years as county superintendent, I found it best to combine the two methods of examination, oral and written. Each has its advantages ; methods of teaching, skill in expedients, aptness in illustration, etc., can be best brought out by the oral method; while habits of thinking and modes of reasoning, proofs of discipline and accuracy, ac- quaintance with principles, and general availability of knowl- edge, etc., are best shown by the written method. As a gen- eral rule, the poorer the attainments of the applicant, the longer it will take to examine him, and vice versa. The reason of this is obvious ; there are, as is well known to qualified examiners, certain comprehensive questions that may be framed in rela- tion to each of the branches mentioned in the law, upon the manner of answering which, the kind and degree of the can- didate's proficiency may be very correctly determined. If these are answered in a prompt, methodical, and scholarly manner, such answers necessarily imjply a thoroughness of training, and a mastery of princi]3les, that justify a compara- tively brief examination of details. But if test questions of 90 DISCUSSION OF AMENDMENTS. this character are not so answered, a protracted examination upon minor points is usually necessary ; for it is by no means safe or just to conclude that a certificate is to be refused be- cause the applicant is not versed in the laws of generalization, or in the nicer processes of scientific analysis, transcendently important as the latter are. A person may be found worthy of licensure, upon a fair estimate of average ability in the de- tails of each branch, in connection with good teaching powers, sens(i and tact, personal and social qualities, etc., who would fail if tried by other and severer tests. The aim of the su- perintendent should be to do justice alike to every candidate, to the law, and to himself. I would earnestly impress upon county superintendents a sense of the vital importance, and of the delicacy and difii- culty of their duties in connection with the examination of teachers. This duty must not be done hurriedly and superfi- cially, but patiently, fairly and searchingly. It requires time; it cannot be done in a few minutes, rarely in less than several hours. But be the time required in an}^ given case, more or less, take all the time that is necessary to a faithful and thorough performance of the work. It is in this way only that justice can be done to all, the intention of the law fulfilled, and the grade of qualifications be improved. Let examinations be so conducted that the ignorant and conceited shall have a wholesome dread of them ; while the modest and deserving, on the other hand, shall be assured that no injustice will be done them. It is the positive duty of the superintendent to know that none but the qualified receive certificates. The fact that a teacher already has one, or ten certificates, from other county superintendents, does not constitute such knowledge by any means. True, it should, but it does not ; it is presumptive only, not conclusive. The qualifications of not a few teachers have proved, upon thorough examination, to be in inverse ratio to the number of former certificates held by them. A familiar maxim of the law must be reversed in the case of can- didates for licenses to teach — they are to be presumed incompe- tent, until the contrary is proved. In the light of these consid- erations it will not be necessary to characterize the practice, should such exist, of granting certificates, by letter, to parties DISCUSSION OF AMENDMENTS. 91 wholly unknown to the county superintendent, upon the mere request or recommendation of third parties, equally unknown to him. To say that such conduct is wrong — all wrong— is no name for it. Nor is it to be understood that certificates may be so granted when both parties, the applicant and the person recommending him, are well and favorably known to the county superintendent ; in no such way can the letter or spirit of the law be fulfilled, which requires that certificates shall only be issued to such teachers as shall, ^'upon due exami- nation by himself or a board of examiners by him appointed, be found to possess the necessary qualifications." To grant certificates by letter, without seeing the candidate, is not only to decide in favor of the applicant without ^^due examination," but without any examination at all — such certificates are issued not to persons ^^ found to possess," but to those who are unwarrantably presumed to possess the necessary qualifications. It substitutes unauthorized presumption for the definite and positive personal knowledge required by law. A teacher's certificate is not an unmeaning form, but an authoritative declaration by the county superintendent, that the holder is worthy of the Qonfidence of school directors, parents, and the public. It is, in many instances, the only protection or safe- guard of employers and the public against imposition, and hence the reputation of the superintendent, and the public welfare, are alike concerned in seeing that the manner and circumstances of the issue are above suspicion. 2. Grades of Certificates. — By the amendments to this sec- tion the grades of certificates authorized to be issued by county superintendents, are reduced from three to two ; each being valid in any district of the county for the terms of one or two years, respectively. The third grade, good for six months, in a given district only, is abolished. The purpose for which that grade was originally established having been subserved, it is meet and proper that it should now be dispensed with. It was resorted to at filrst with reluctance, and with misgivings as to its expediency. It was created to meet a state of things which it Avas hoped would not long continue, and was never designed to be permanent. Whatever differences of opinion may have existed among enlightened educators as to the good or ill effect of the third grade heretofore, the sentiment in fa- 92 DISCUSSION OF AMENDMENTS. vor of the change in the law by which it is now discarded is, so far as I am informed, very unanimous. It cannot be denied that, notwithstanding the end souglit by the legislature, in. allowing the six months' certificate, was good, its practical effect in many instances was very detrimental. It seems to have been regarded by many county superintendents as a con- venient asylum provided by law for the benefit of disappointed applicants for higher honors ; to soothe their feelings and mitigate the chagrin of a total failure ; and hence scores of men and women have found refuge in the third grade certifi- cate, who should have been summarily rejected, and who, but for such a dernier resort, would have been rejected, to the great gain of the schools, of which, by a mistaken clemency, they were permitted to become the teachers. "Whatever influence the prospective gain or loss of the fee for a certificate may have exercised in such cases, is now happily removed by the wiser provisions of the act as amended — the compensation of the superintendent for the time spent in the examination of teachers being not only enhanced, but being entirely inde- pendent of the success or failure of the applicant. From whatever point the change is regarded, it is believed that its effect upon the schools, and upon the standard of qualifications of teachers, will be salutary. There can be no doubt at all that the district schools of the state can be supplied with teachers possessing the qualifica- tions demanded by the law as revised ; and if in rare cases it should seem otherwise, it will still be far better to meet such special exigencies by granting a second grade certificate under a liberal construction of the law, than to continue the exist- ence of a provision that operates as a perpetual invitation to incompetency. As before remarked, the true difliculty is not so much that teachers capable of sustaining the examination now required by law are not to be obtained, as that, through mistaken ideas of economy, and erroneous views of the na- ture of education, and of the qualifications essential in a good teacher, school directors are disposed to be satisfied with cheap teachers and low attainments ; not realizing that poor teachers and schools are in fact in the long run inevitably the most costly, because the true work of education cannot be per- formed by such teachers and in such schools, and must there- DISCUSSION OP AMENDMENTS. 93 fore sooner or later be done over aj^ain, if it is ever effectually done at all. While, therefore, these mistaken views and ten- dencies exist, and the law itself opens the door for the accom- modation of school directors who entertain them by providing for licensure of those not properly qualified, it is obvious that the effect must be to exclude from the schools teachers of a higher grade of attainments. It is well, therefore, that the law itself should interpose to check this downward tendency, and necessitate the employment of a better order of teachers by limiting the grades, raising the standard, and thereby ex- cluding the notoriously incompetent. In a word, recognizing the fact that so long as poor and cheap teachers can lawfully be employed, such teachers will continue to be in demand, the amendment strikes at the root of the evil, by declaring, so far as legislation can, that hereafter the competent and qualified only shall be admitted to license ; thus anticipating the slow growth of public sentiment in some quarters, and forcing a demand for an order of teachers which might not otherwise have existed for years. It remains for county superintendents to secure, by their faithfulness and firmness, the good points which this reduction of grades is intended to promote. Since the different grades of teachers' certificates must be based, not upon an examination in different branches of study, but upon different degrees of excellence in the same branches, it becomes a task of no little difficulty to indicate with any degree of minuteness or accuracy the extent and character of the examination that should be required for each of the sev- eral grades. It must be left mainly to the wisdom and judg- ment of the superintendents. But it is very desirable to have the greatest practicable uniformity in the standard of award for each grade, and to this end the following general outline of principles is respectfully suggested, for the guidance of super- intendents and examiners : First Grade. — The candidate for this grade should be able to sustain a thorough and critical examination upon all the subjects named in the act. They are but few. It would seem that less could not be required of a person who aspires to a first grade certificate than a thorough acquaintance with these few. But this thoroughness is shown, not alone, nor indeed principally, by mere technical knowledge. It should be the 9^4 DISCUSSION OP AMENDMENTS. aim to make the examination philosophical — so to frame the questions as to elicit the applicant's knowledge of governing principles, rather than unimportant details ; to test his acquaint- ance with the general truths, the broad outlines of a subject, rather than isolated facts and barren statistics. Thus, in geography, for example: the relation of the earth to the solar system; the causes of day and night and of the seasons; the elements of mathematical and physical geography, such as the direction of the principal mountain ranges, the water courses, the drainage and contour of continents, the oceanic currents, etc. ; a clear and general view of the geography of the whole world, and an accurate knowledge of that of the United States, should be deemed of more importance than the population of some obscure town in South America, or the length of a tenth- class river in Africa. In history: a clear and intelligent state- ment of the causes which led to the war of 1812, should be infi- nitely more satisfactory than the precise number of killed and wounded at the battle of New Orleans. In arithmetic : a lucid explanation of the principles of decimals, or a ready and ac- curate analysis and demonstration of the rules for taking the second and third roots of numbers, would establish a claim to scholarship in that science, which the failure to answer some mere technical question or a chance error in the performance of a given example, could not seriously impair. In grammar: it is of vastly more importance that the applicant show a familiarity with sentential structure, and especially with the history and development of the English language, than that he be able merely to parse a given word according to gram- matical formula. These instances, selected at random, will serve to indicate the general character of the examination, and what is meant by the investigation of principles instead of details. Not that technical knowledge and accuracy of details are unimportant, by any means, but simply that a gen- eral knowledge of causes and principles and laws is more im- portant. Especial inquiry should also be made as to the can- didate's 'peculiar aptitude in communicating knowledge, and ability to make it clear to the pupil by lucid explanations, and prompt and pertinent illustrations. In determining the claims of the candidate for this grade, it would also be proper to regard certain points, upon which, from the nature of the case, there DISCUSSION OF AMENDMENTS. 95 can be no formal examination, but the importance of which cannot be questioned. Such as precision and clearness of utterance, propriety and purity of diction, refinement of manner, genuine dignity of character and bearing, earnestness, conscientiousness and high-toned morality. It is thought that, in examinations of this character, far too much stress is ordi- narily laid upon the value of mere scholarship. The technical and scientific acquirements of the candidate must indeed be respectable, but it is sincerely believed that the considerations just referred to have a more important bearing upon the ques- tion of the real fitness and highest success of the teacher, than perfection of scholastic attainments alone. Second Grrade. — To secure this, the candidate should exhibit a fair knowledge of all the branches required by law, but the examination may be conducted in a more technical form, with less reference to comprehensive, philosophical principles, and less rigor of scrutiny into the general qualifications enumer- ated above, as necessary for the first grade. County superintendents can more easily apprehend the dis- tinction to be observed in the line of examination for each grade respectively, than I can define it in terms. Suflice it to say that the examination for the second grade may be con- ducted more in accordance with the routine of the books; it may deal more with specific details and less with fundamental principles than would be proper for the first grade: Thus, in orthography, approved ability in spelling should be accepted though not accompanied by that knowledge of the powers and classification of letters, the generic rules of orthography, and the acquaintance with phonic analysis which should be de- manded in the first grade. Again : in reading, proficiency in the art rather than in the science should be required for this grade. If the candidate is able to read any ordinary piece at sight with a reasonable degree of intelligence, force and ex- pression, it may properly be accepted, though he may not be versed in the higher principles of rhetoric nor the subtler laws of utterance ; and so of each of the other branches. In brief, the examination for this grade may be confined more to facts and extend less to principles; it may deal more with practical ability in specific directions, and less with theory and abstract investigation. 96 DISCUSSION or amendments. I am aware of the indefiniteness of these suggestions, but nothing more specific seems practicable in view of the ex- treme diversity of circumstances under which they will be in- terpreted and applied. A fixed standard of examination for each grade could not be carried out. A criterion that might be sustained in one county or section of the state, would prove too severe for another county or portion of the state. A rule that would easily admit teachers enough for the whole of one locality, would effectually exclude those of another. There are irreconcilable differences in the ability and fidelity of su- perintendents ; in the sentiments of the people, and in the number and competency of candidates. In these circum- stances I can only outline, as clearly as possible, the general principles that ought to govern in the examination for the re- spective grades, leaving much, of necessity, to the intelligence and discrimination of the superintendents. The general eflfect of the system of grading in elevating the standard of qualification, does not depend, so much as might be supposed, upon having an absolute rule of examination and award. Because while superintendents may differ widely as to what shall constitute fitness for the first grade, they will be substantially agreed as to the intervals between it and the subordinate grade, or the relation that each inferior grade shall bear to the maximum standard which each superintend- ent adopts for his guidance. Thus the spur of emulation will be nearly as effective in the one case as in the other. This duty of licensing men and women to be the teachers and guides of our children — to sustain to them relations scarcely less intimate and controlling than those of parents themselves, for several months in the year, and for several of the most critical and formative years of their lives, is one of paramount importance and responsibility ; one requiring great judgment and prudence, nice discrimination, honesty and faithfulness. It should always be performed with a sincere regard to the magnitude of the interests involved, and a pro- found sense oi just moral accountability for the consequences of haste, indiscretion and thoughtlessness. The careless flip- pancy, the indecent haste, the indifiference, the recklessness even, with which these most serious matters are often disposed of, are sad indeed. It is lamentable to think that an intelligent DISCUSSION OF AMENDMENTS. 97 people can commit such interests to such unworthy hands as they often do. Superintendents cannot be too firm in resisting the importunities of candidates for certificates of high grade, when not clearly satisfied that such grade is deserved. The ex- amination and not the wishes, friendship, relationship, or pecuni- ary circumstances of the applicant, is the inexorable rule of the law, and by this the superintendent must, if he does his duty, be governed, with uncompromising fidelity. It is no real kindness to a teacher, to give him a certificate above the grade of his actual attainments and qualifications, while on the other hand, it is in violation of law, and utterly subversive of the ends contemplated in the provision for different grades — namely, the elevation of the standard of qualifications and a just discrimination between the better and poorer qualified. A candidate who is fit to receive any certificate, loill not ask or take one of a higher grade than he is found to be honestly en- titled to. Such a man will be willing to begin where his competency is unquestionable, and bravely strive to earn a, higher grade. Among the conditions required by law is "good moral char- acter." Let this not be a mere form, to be practically ignored or lightly slurred over. It is a peremptory demand of the law, of the schools, and of society, and should be inquired into by the superintendent, where the applicant is unknown to him, with no less rigor of scrutiny than that exercised in ascertain- ing his fitness in other respects. The question of character should always be the first considered, and until it is satisfac- torily disposed of, the superintendent should refuse to go a step further. Great mistakes have been made in this matter. Moral monsters have been quartered upon unsuspecting dis- tricts, the contamination and havoc of whose example and influence cannot be thought of without a shudder. It is dif- ficult, if not impossible, to know in some cases, that the candidate is worthy in this respect. But for this very reason, because it is so difficult, and because the consequences of seri- ous error here are so fearful, the greater care is needed. But little change is made in the record of the examinations required to be kept by county superintendents. The chief point to be noticed is that a separate record is to be kept of male and female teachers examined; the law requires no 7 98 DISCUSSION or amendments. record of such as fail to receive certificates. The record here required is of much importance, and may prove of inestimable value for future reference. County superintendents are en- joined to a faithful performance of this duty, and to see that the record is kept in a well bound book, properly ruled and headed for the purpose. The form given in the act is very simple, and it will require but very little time to make the necessary entries. To insure accuracy a proper memorandum should be made immediately after the results of each exami- nation are determined. 3. State Certificates. — By this section as amended a very im- portant change is made in the manner of granting state cer- tificates. Heretofore it was competent for the state superin- tendent to grant such certificates at his individual option, if he thought proper so to exercise the authority vested in him by law. By the change, " state certificates shall only be granted upon public examination, of which due notice shall be given, in such branches and upon such terms and by such examiners, as the state superintendent, and the principal of the normal university, may prescribe." The object of this modification is to invest the issue of the highest professional diploma known to the law, with such as- surances of fairness and impartiality, and such safeguards against the possibility of abuse as shall challenge the respect and secure the confidence of the profession and the public. There is a manifest propriety in associating the head of the normal university with the practical development of this fea- ture of the school law, since he is placed at the head of the state institution for the training of teachers, and is therefore identified with whatever has for its object the promotion of a professional spirit in the great body of teachers and the recog- nition of their claim to the rank of a profession. The best results are anticipated under the operation of these modified provisions of this important feature of the system. 4. English Schools contemplated hy the Act. — This section as amended is expressly declarative of the kind of schools author- ized to be established under the act. Every school so estab- lished must be for instruction in the various branches of an English education, and no school funds can be appropriated under this act for any other class or description of schools. DISCUSSION OF AMENDMENTS. 99 These declarations are unmistakable and emphatic; they in- dicate the true American idea of public education, which is not to foster and continue diflerences of dialect and nation- ality, but to break down all such distinctions, to blend and fuse all the elements of our population into one homogeneous whole, and to mould all our youth in harmonious unity, upon the broad basis of a common nationality. Hence the educa- tion to be given in our schools must not be German or French, but English; English ideas are to pervade and animate it through and through. The eye of our legislators, in framing this noble system, was upon the future as well as the present; the grand idea was before them of preparing the thousands that should come among us from year to year, for the high duties of American citizenship. The idea of the law is, that the common medium of com- munication shall be the English language and no other. N"o matter what the nationalities or languages of the pupils may be, the instructions of the teachers must be imparted through the English language and no other. .A departure from this rule works the forfeiture of the public funds by the express terms of the law itself. But, lest the foregoing provisions should be misunderstood or misapplied, this section closes with the proviso, that noth- ing therein contained shall prevent the teaching in common schools of other and higher branches than those specified. By this proviso all necessary latitude is given for the introduction into our comrnon schools of such additional or higher branches, whether of language or mathematics, etc., as may, in given circumstances, be deemed advisable. It will thus be seen that while the German and other foreign languages cannot be made the teaching language, or medium of communication in our schools, yet they may be introduced and taught to any neces- sary extent through the medium of the English; the same as the Latin, or Greek, or other additional branches are taught; and so far from intending to discountenance the teaching in our public schools of modern languages, especially the grand, rich old German tongue, I would earnestly encourage the teaching of that language whenever circumstances will admit, and expediency recommend the same to be done. In like manner, under the wise and liberal provisions of this section, 100 DISCUSSION OF AMENDMENTS. high schools may be established in connection with, and as a part of our system of public schools, with a course of instruc- tion as extended and varied as the best interests of the com- munity may require. § 51. By this section, as amended, it is made the duty of county superintendents to hold at least four public examina- tions annually, for teachers desiring certificates, on such days and at such difi"erent points in their respective counties as will, in their estimation, best accommodate those concerned. It is not meant by the term "quarterly," that the four public ex- aminations should be held successively at the precise interval of three months. The intention of the law is simply to re- quire that there shall not be less than four public examinations in each year ; the precise time of each being left to the dis- cretion of the county superintendent, having in view the convenience and accommodation of the largest number of teachers. It is plain, from the language of the law, that in all large counties, more than one place should be designated for the holding of such examinations ; they are to be held "on such days and at such places in their respective counties as will, etc." The superintendents of large counties should not require the attendance of all applicants for certificates at the county seat, or wherever their respective offices may be ; this would, in many instances, impose an unreasonable burden of time and expense upon candidates. It must be noticed that the convenience of the greatest number of persons desiring examination, and not the convenience of the county superin- tendents, is the rule which should govern in the designation of times and places. Superintendents receive compensation for the services required by this section, and they must, if necessary, subordinate their own convenience to that of the teachers of the county. Under a former section, county su- perintendents are authorized to delegate the authority vested in them for the examination of teachers to a board of exam- iners, to be by them appointed. While the appointment of such examiners in some instances, as in the case of large and populous counties, etc., may be necessary, yet this important duty should, as far as possible, be performed by the superin- tendent in person. There can be no objection to having DISCUSSION OF AMENDMENTS. 101 experienced educational men present at the examinations, nor to their assisting superintendents in their duties on such occa- sions ; on the contrary, the presence and co-operation of such persons is desirable. But what I would earnestly urge is that county superintendents should themselves always be present, and superintend the examination of teachers. The object of the law in requiring a certain number of public examinations, is primarily, that teachers, and all others interested, may have due and timely notice of the times and places where such meetings will be held, that they may make their arrangements and govern themselves accordingly. Others beside the candi- dates have an interest in such examinations, and may desire to attend them. This is particularly true of the directors and citizens of the particular districts where the applicants may propose to teach, in order that they may see and hear for themselves, and be thereby the better enabled to judge of the abilities and qualifications of the persons whom they propose to employ. The four examinations required by law must therefore be strictly public — open to all who may choose to at- tend. It is, however, to be distinctly understood that the number of public examinations that may be held is not lim- ited to four ; that is merely the minimum number required by law. Superintendents may hold as many more public exami- nations as they choose; they may hold them monthly, or even oftener, if deemed expedient ; or they may insist that all ex- aminations held by them shall be open and public, if in their estimation, the best interests of education would thereby be promoted. On the other hand, it is not to be understood that private examinations of teachers are meant to be interdicted by this section as amended. Special cases or emergencies may occur when private examinations should be granted. But while the liberty of private examinations is not withdrawn by the amendment, it is recommended that all examinations be pub- lic, unless very good reasons exist in favor of a contrary course. Many strong considerations might be urged in favor of this recommendation. It is well known to the experienced, that public examinations are in almost all cases more thorough, impartial and satisfactory than private ones. The superin- tendent himself is less liable to be affected by feelings of sym- 102 DISCUSSION OF AMENDMENTS. patby ; and in case of marked disparity in the attainments of the respective candidates, those sustaining the poorest exami- nation will themselves be able to compare their attainments with those of the remainder of the class, and thus, in case of failure to obtain a certificate, will the more readily acquiesce in the decision of the superintendent, seeing the ground upon which it is based. Another consideration in favor of public examinations is found in the fact that it effectually prevents charges of favoritism or partiality, which are sometimes brought against superintendents, however groundless or un- just such charges may be. Il^otices of all public examinations must be given for a suffi- cient length of time, by publication in at least one newspaper of general circulation in the county. In counties having no local newspaper, the intention of the law would be satisfied by giving such notices through the medium of handbills, posters, or circulars, to be generally distributed throughout the county. The expense of such publication, in whatever form made, is to be paid out of the school fund. The fee for teachers' certificates is abolished. The exaction of a fee from a teacher for his certificate has always been re- garded as wrong in principle and bad in effect; wrong in principle, because if any fee is allowed it should not be paid by the teacher; and bad in its influence, because it brings to bear upon the superintendent motives to a favorable judgment of the candidate's qualifications from which that officer should be wholly exempt. Under the law, prior to its amendment, it was hard for the best and most upright county superintendents in the state, not to be afifected to some extent, consciously or un- consciousl}^ by considerations of the pecuniary consequences to them of the success or failure of the candidate; and even where the superintendent was absolutely free from the slightest bias of that kind, it was not unfrequently difficult or impos- sible to convince the public of that fact. In every aspect of it, therefore, whether we regard what is due to the teacher or the independence and freedom of the examiner, the amend- ment is a good one; coupled as it is with the more liberal policy, adopted in another part of the act, in respect to the compensation of the superintendent. The prohibition as to fees applies to all certificates, whether granted at public or DISCUSSION OF AMENDMENTS. 103 private examinations. It is the duty of county superintendents to keep on hand a supply of blank certificates, to be filled out from time to time as required; and the cost of such blanks may be paid out of the school fund. It is a singular omission of the law that it makes no provision for an office for the county superintendent. The position of superintendent is an important one, and yearly becoming more so; his business, educational, financial and general, is very extensive, bringing him into official relations M^ith many persons from all parts of the county; and yet his pay has been 80 meagre that, in the absence of any legal provisions on the subject, he has been compelled to keep his records, receive visitors, and transact all his official business at his private residence, or such other casual place as he was able to pro- cure. It is true that, in some counties, rooms have been furnished in the court-house or other public buildings free of expense, but as a general rule no such accommodation has been extended to him, and he has been obliged to get along as best he could. Not only has this state of things subjected the county superintendent and his family and the public to great inconvenience, but it has also, in many instances, im- periled the safety of the notes, bonds, mortgages and other evidences of indebtedness, together with valuable papers and records of which the county superintendent is the legal custo- dian. This state of things could not have been contemplated or intended by the legislature. The office of county superin- tendent should be as well known, and as accessible to the public, as that of any other county officer; he should not be compelled to transact his public business in some out-of-the- way place, nor to use any portion of his private residence for the public service. Whenever the residence of the superin- tendent will admit, he should have an office at tli^ county seat, or if not there, in the nearest large town, and he should cause it to be publicly understood where his office is, and when he can be found there for the transaction of public business. Holding these views to be self-evident and essential to the public good, and not incompatible with the spirit and intent of the law, county courts and boards of supervisors are re- spectfully requested to make p)rovision, by appropriation or otherwise, for suitable offices for county superintendents. It 104 DISCUSSION OF AMENDMENTS. is much better that this should be done by the county authori- ties, who undoubtedly have the same right to provide ofl3.ce accommodations for county superintendents of schools, as for sheriffs, county clerks, or any other county oflScer. But if the county authorities decline or neglect to act in the matter, then the superintendents themselves are hereby authorized to pro- cure suitable offices and office accommodations, and to defray the necessary expenses out of the school fund of the county. The strictest economy must be observed by superintendents acting under this authority. Ko unnecessary or unreasonable expense is to be incurred; but whatever is necessary in the premises, may be done; for it is absolutely essential that these officers should have appropriate facilities for the transaction of their public basiness, and the orderly arrangement and safe custody of their books and papers. § 54. In considering the amendments to this section, at- tention is fi.rst called to the very just provision for the pro- tection of teachers after the delivery of their schedules to the directors. Heretofore, in case of the loss of schedules after such delivery, or the failure of the directors to place them in the hands of the township treasurer within the time fixed by law, teachers were practically without remedy; in some instances incurring the loss of the entire amount due, and in others being compelled to wait six months or more for their pay, besides being subjected to great inconvenience and expense. By this amendment teachers are authorized to de- mand, and directors are required to give, receipts for schedules, on their delivery by the former to the latter, and directors are made personally liable for any loss sustained by the teacher, through their failure or neglect to dispose of schedules coming into their hands, according to law. The receipt of the direct- ors is conclusive evidence against them, and in favor of the teacher. This provision is not founded in any distrust of the integrity of school directors, but is simply a plain, business matter, necessary to the protection of teachers, and infringing upon no right or privilege of the director. The certified schedule of the teacher represents a money value, upon sur- rendering which it is proper that he should receive a tangible voucher; said schedule is the evidence upon which he relies DISCUSSION OP AMENDMENTS. 105 for the proceeds of his labor. Where losses have occurred, through failure of directors to file the schedule with the town- ship treasurer in time, it is no doubt in almost all cases to be attributed to inattention or inadvertence, and not to any pur- pose of defrauding the teachers ; but, whatever the cause, the right of the teacher to redress is not diminished. Should losses of this kind hereafter occur, it will be the fault of the teacher in neglecting to avail himself of the security here pro- vided. The rights of teachers are further protected by the declara- tion contained in this section that their schedules are legally due and payable on the first Mondays of April and October of each year, and that all balances remaining due and unpaid after said dates respectively, shall draw interest at the rate of ten per cent, per annum, until paid. This legislation is an act of simple justice, all the more wel- come because so tardy, toward a most deserving class of men and women. "Whatever opinions may be entertained to the contrary by the uninformed, the prejudiced, or the unthinking, it is unquestionably true that well qualified and faithful teachers •are poorer paid in proportion to the talents required, the labor performed and the good done, than any class of persons in the commonwealth. I speak of well qualified and faithful teachers, and am sure that the foregoing statement in regard to them will not be denied by any candid and intelligent person. The school laws of this and other states have been framed, appar- ently, with a singular unmindfulness of the pecuniary rights of teachers, and it is a subject of sincere congratulation that BO important a step has been taken in the right direction, by our legislature. The files of this office show innumerable in- stances of long and vexatious delays, and other wrongs and hardships endured by teachers in obtaining payment for ser- vices rendered, in consequence of the lack of necessary legal provisions in their behalf. In hundreds of instances they have been obliged to wait for months, and not unfrequently for years, for the settlement of their claims, and at last, after be- ing deprived so long of their just dues, have been compelled to accept the principal only, without any interest at all, as a partial compensation for the delay and deprivation. Hereafter, the moment a schedule is audited by the trustees, in April or 106 DISCUSSION OF AMENDMENTS. October, and filed with the treasurer, it commences, if unpaid, and any balance unpaid, to draw interest at the rate of ten per cent, per annum ; and to the prompt liquidation of such un- paid schedules, or any unpaid part thereof, with the addition of the accrued interest, school directors, trustees and treas- urers, are enjoined in the most positive terms. Said balances, with interest as aforesaid, are furthermore declared to be pre- ferred claims against the district, and must be paid out of the iirst moneys coming into the hands of the township treasurer, and not otherwise specifically appropriated. § 57. The important change in this section is the legalizing of loans by township treasurers, at a rate of interest less than ten per cent, per annum, in cases where it is found impossible to obtain ten per cent. Prior to this amendment loans at a less rate than ten per cent, were peremptorily forbidden ; the language was, "the rate of interest shall be ten per cent, per annum;" and, under the operation of that prohibition, vast amounts of the principal of the township school fund have, during the past few years, remained idle and unproductive ; it being found impracticable, in many portions of the state, for reasons familiar to all, to invest the school fund at ten per cent. All former provisions in respect to the time for which loans may be made, the amount and character of the securities required, etc., remain unchanged, with the exception hereafter to be noted ; and, with the law as it now stands, township treasurers will understand that no action of the board of trus- tees is necessary to authorize them to loan at ten per cent. That being the maximum rate allowed by law, treasurers may continue to make loans at that rate as heretofore, whenever practicable. But no loans can be efiected at a rate of interest less than ten per cent, without the official approval of the board of trustees. Whenever the township treasurer reports to the board that he has on hand a portion of the principal of the town fund, which he is unable to invest at ten per cent., it will be the duty of said board, at any regular or special meeting, to fix and determine the reduced rate at which said funds may be loaned, and to instruct the treasureraccording- ly ; and, until such action of the board is had, the township treasurer cannot assume the responsibility of accepting a less DISCUSSION OF AMENDMENTS. 107 rate of interest than ten per cent.; nor can any rate, less than ten per cent., be legally determined without the approval of at least a majority of the board of trustees. It will be ob- served that this amendment is made retroactive, so as to cover all loans heretofore made by school officers in accordance with the instructions of the late state superintendent, so that all loans made, under such instructions, at a rate of interest less than ten per cent., are therefore legal and valid, the same as if made under the provisions of the amendatory act. As the financial troubles of the country have mostly ceased, with the close of the war, it is believed that it will not hereafter be difficult to make all loans at ten per cent. This section, as amended, also authorizes the loaning of township funds to boards of school directors, taking as security district bonds made and issued as prescribed in the forty- seventh section of the act. Such loans can, of course, only be made to directors in their corporate capacity. This is the only change made in respect to the character of the securities which township treasurers are authorized to receive ; and it is believed that the exception made in favor of boards of direct- ors will subserve the public interest and convenience in an eminent degree. Bonds issued by school directors to secure the payment of^ mone}' borrowed under the provisions of this section, must be made payable to the board of trustees of the proper township, in their corporate name and style. As the whole taxable property of a district is virtually pledged for the redemption of the bonds so issued, no security could be more ample and sure ; and it is therefore anticipated that this class of loans will soon be sought by township trustees in preference to others. The attention of township trustees is invited to the expediency of discouraging short loans, as far as practicable. Loans on short time may, of course, under some circumstances, be necessary, but it is obvious that, other things being equal, the longer the period for which loans are made the greater will be the net profits to the township. Township treasurers are required in the most express terms, to keep the principal of the township fund constantly at in- terest; they cannot without a breach of obligation, for which they are liable on their bonds, keep any portion of said prin- cipal on hand, if in their power to loan the same, at any rate 108 DISCUSSION OF AMENDMENTS. of. interest now allowed by law. The question has frequently been submitted to this department, whether township funds may be invested in government bonds, or in war bonds, or other bonds issued by county, township, or other local author- ities. The only answer that I am authorized to make to such inquiries is, that the school law does not authorize such in- vestments ; the section of the act under review prescribes the only mode and conditions of loaning school funds. § 63. Boards of school directors have been m\ach embar- rassed, in making their annual estimates for school purposes, from not knowing the actual condition of their respective ac- counts on the books of the township treasurer. For lack of this information they have sometimes caused a heavier tax to be levied than was necessary, and at other times the levy made has proved too small for the current expenses of the schools, and thus they have found themselves, at the end of the term or year, without the expected means of meeting their liabili- ities. In some instances boards of directors have been thus in the dark in regard to the exact condition of their financial affairs for several years in succession, entailing much needless delay and perplexity upon them and their creditors. To cor- rect this state of things, it is now made the duty of township treasurers to settle semi-annually with each board of directors in their respective townships. It will hereafter be the right of each board of directors to demand, and the duty of township treasurers to furnish, on the first Mondays of April and Octo- ber of every year, a certified written statement or exhibit, showing the exact condition of the account of each district, and the amount of funds of every description in their hands, as shown by their books to the credit of and belonging to each dis- trict respectively. The statement here required, must be duly certified and signed by the township treasurer in his oflacial capacity, and will furnish a safe and reliable basis upon which the directors may proceed in making up their estimates, and arranging their plans for the support and continuance of schools. § QQ. The object of the legislature in the revision of this section is two-fold. First: To define what shall constitute the permanent principal of the township and county funds DISCUSSION OF AMENDMENTS. 109 respectively, and to forbid the distribution, diminution, or alienation of said principal or any part thereof, in any manner whatever; and Second: To require the regular distribution of the entire interest and proceeds of said principals respectively, and to forbid the carrying of said interest, rents and profits, or any part thereof, to the principal of the respective funds. These objects are fully accomplished by the language of this section as amended, since it removes all ambiguity, and effect- ually guards against the error, entertained by some, that a portion of the interest and other proceeds annually accruing, might, under some circumstances, be considered as surplus and added to the principal of the proper fund. The law plainly declares that the entire proceeds accruing from the principal of the county and township funds, must be regularly distributed for the support of schools. § 67. This section, as amended, prescribes more clearly than before the rules by which township treasurers are to be governed in paying out funds. The substance of the whole section is. First : That no funds in the hands of township treas- urers to the credit of districts can be paid out, except upon orders, duly drawn, and signed by the directors of the proper district, or by their president and clerk; and Second; That, where there are funds in the hands of a township treasurer to the credit of a district, all orders, when legally drawn and signed by the proper board of directors or its officers, as afore- said, must be promptly honored and paid. Funds coming into the hands of township treasurers for the benefit of districts, are of two classes, viz : First: the interest, rents, and profits of the township fund, and the state and county fund received from the county superintendent ; Second : funds accruing from special taxes levied by orders of school directors, and funds arising from the sale of property belonging to school districts. The funds embraced in the former class must pass through the hands of the township trustees, and be by them apportioned to the respective districts, before said funds become subject to the order of the directors. The funds embraced in the latter class do not pass under the control of the township trustees, and are not subject to apportionment or distribution by them, but are paid directly to the township treasurer, to be by him 110 DISCUSSION OF AMENDMENTS. immediately placed subject to the orders of the proper board of directors. § 71. The commissions of three per cent, upon the amount of sales of school lands, and of two per cent, upon the amount of all sums paid or loaned out hy county superintendents for the support of schools, are not changed by the amendments to this section; but all of said commissions are still allowed by law, and may be retained, as heretofore. In addition to said commissions for sell- ing school lands, and for distributing, paying out, and loaning school funds, county superintendents are also entitled by this sec- tion as amended, to the sum of three [five] dollars per day, for any number of days not exceeding two hundred in any one year, for their educational services as county superintendents.* Among the duties, for the performance of which it is the intention of the law to authorize county superintendents to receive the per diem, may be mentioned the following : visiting and superintending schools ; examining teachers ; organizing and conducting teach- ers' Institutes ; hearing and determining complaints and controver- sies submitted to them under the school law ; preparing and tabulating official reports, etc. In brief, compensation is allowed, at the rate of three [now five] dollars per day, for all duties and services legitimately connected with the office of county super- intendent, and required by law of county superintendents, and performed by them according to law ; except such duties and ser- vices as are required and performed in connection with the sale of school lands, and the distribution, loaning and paying out of school funds. For these latter services, compensation is provided in the form of commissions. The per diem account is to be rendered semi-annually, and must be certified and sworn to by the county superintendent ; and when so rendered, certified and sworn to, said account must be paid, semi-annually, from the county treas- ury, as the accounts of other county officers are paid ; instead of being retained from the school fund as heretofore. The law does not fix the number of hours' service for which the per diem of three [five] dollars shall be received ; but the nature of the service to be rendered, and the circumstances under which it must, in most cases, be performed, are such as to warrant the * By the Act of February 28, 1867, the per diem is increased to fire dollars, for services actually rendered. DISCUSSION OF AMENDMENTS. Ill conclusion that the term " day," in this section may properly be considered, (in case the point is raised), as identical in duration with the school day of teachers, and as generally known and rec- ognized in the school law, namely, six hours. The correctness of this view will appear from the fact that public schools are in ses- sion but six hours a day, and hence a county superintendent could not spend a greater length of time in school visitation in any one day, while his claim to the legal per diem for such day's visitation, is unquestionable. But it is not probable that the technical point of what constitutes a " day," in the sense of this statute, will be raised. The common custom of the country in such cases is well understood, and will govern, unless objection is made. It is no argument against the wisdom and justice of this amendment to say that there may be county superintendents who are incompetent and unfaithful, and who cannot or will not earn the compensation allowed by law. It is enough to reply that the utter insufficiency of the remuneration heretofore allowed, has been a principal cause of incompetent superintendents, if such there are ; and that the only safe and just rule in the regulation of salaries is to consider how much the services required by law ought to command, when Buch services are ably and efficiently performed ; leaving it to the people to see that the right persons are chosen for the office. § 72. The commissions of township treasurers remain un- changed, but township trustees are peremptorily required to make a suitable allowance to their treasurers, annually, for their clerical services. This provision was contained in the old law, but I have reason to believe that it was not generally complied with. It is now re-enacted in more express terms, and boards of trustees are en- joined not to neglect to set apart a reasonable sum from the town- ship fund, each year, as a compensation for the services rendered by treasurers as clerks of their respective boards. If the books and records are kept in a proper manner, (and it is the duty of the trustees to see that they are so kept,) the time and labor required of treasurers are such as justly to entitle them to a liberal com- pensation and such compensation cannot be withheld without a plain violation of law, for which the wronged party has redress. Whatever doubt may have existed heretofore in respect to the claim of county treasurers to a percentage upon school taxes col- lected and paid over to them by county or township collectors, are 112 DISCUSSION OF AMENDMENTS. removed by the provisions of this section, as amended ; such a per- centage cannot lawfully be claimed or retained by county treasur- ers under the present law. It will be observed that school officers are no longer exempt from serving on juries ; their other immuni- ties remain as before, but they will hereafter be liable to duty as jurors in courts of record. § 82. The amendments to this section are drawn with such fulness and care as to leave but little to be supplied by way of comment. The first point that will be observed is, that the fines, penalties and forfeitures reverting to the school fund, under the pro- visions of this section, are to be paid to the school superintendent of the county in which said fines, etc., have been imposed or in- curred instead of the superintendent of the county in which they were collected, as was the case prior to the amendment. The pro- priety of this change is obvious, since the place of collection is not always identical with that where the fine is imposed or the forfeit- ure incurred, and it is plain that the latter, and not the former, should determine the county superintendent to whom the money should be paid. Another very important provision is, that the duty of enforcing the collection of these debts due the school fund, is specially de- volved upon the state's attorney of the respective judicial circuits, instead of being left to the county superintendents, as heretofore. The state's attorney is familiar with the forms of legal proceed- ings to be instituted ; he is entitled by law to fees and commissions for such collections, and therefore professionally interested in en- forcing them, and hence is the proper officer to whom the business should be entrusted, so far as courts of record are concerned. Justices of the peace are also enjoined to enforce the collection of all fines imposed by them, and the officer charged with the collec- tion is directed to pay the same, when collected, to the school su- perintendent of the county in which said fines were imposed. But the most essential provision is that which requires clerks of courts of record, and justices of the peace, to report, under oathf to the proper county superintendent, annually, the amount of fines, penalties, and forfeitures, imposed or incurred in their respective courts, and also the amount collected, together with the names of the officer or officers charged with the collection thereof, under a penalty of twenty-five dollars for each failure to make such report. DISCUSSION OF AMENDMENTS. 113 These reports will furnish county superintendents with the necessary information and data upon which to act, the lack of which, under the old law, rendered its provisions practically almost a dead letter. Hardly less important is the stringent and highly penal provision by which the officer having collected said fines, penalties and for- feitures, or having the same in his possession, is compelled to pay the same over to the person authorized by law to receive them. The penalty for each default is double the amount of the funds illegally withheld. The kind of action {qui tarn) by which the for- feiture is to be recovered, is the one best adapted to secure the end in view. LATEST AMENDMENTS. Very few changes were made in the school law by the last (25th) General Assembly : they are all embraced in the following act : AN ACT to amend an act entitled an act to establish and maintain a system of Free Schools in the State of Illinois, approved February 16th, 1865. [In force February 28, 1867.] § 1. Be it enacted hy the People of the State of Illinois rejyre- sented in the Gerieral Assembly^ That in order to enable county superintendents of schools to discharge their duties with greater efficiency, they shall be entitled, in lieu of the per diem now allowed by law, and exclusive of commissions, to be paid semir annually from the county treasury of their respective counties, as compensation for their services, the sum of five dollars per day for services actually rendered : Provided, That the provisions of this section shall not apply to Cook county. § 2. The clerk of each board of school directors shall report to the township treasurer of the proper township, on or before the first Monday of October, annually, such statistics and other infor- mation in relation to the schools of their respective districts as the township treasurer is bound to embody in his report to the county superintendent, and the particular statistics to be so reported shall be determined and designated by the state superintendent of pub- lic instruction. § 3. When a school is composed of pupils from different town- ships, the teacher shall, in all cases, be paid by the treasurer of the township in which the school is taught, and the duty of collecting 114 DISCUSSION or amendments. tlie amount due from the other townships shall devolve upon the directors. § 4. All returned soldiers, who, during the late war, entered the army while in their minority, shall be allowed to attend, free, any public school in the districts where they severally reside, for a time equal to the portion of their minority spent in the military service of the United States. § 6. All acts or parts of acts in conflict with the provisions of this act, are hereby repealed. This act shall take effect and be in force from and after its passage. Approved February 28, 1867. With the exception of the few amendments contained in the above act, the school law of 1865 remains in full force and eflfect, precisely as it was. / REMARKS ON SECTION ONE. The effect of this section is simply to repeal the per diem provi- sions of section* seventy-one of the general law of 1865, (which al- lowed superintendents three dollars per day for not more than two hundred days in any one year), and to substitute five dollars per day for services actually rendered, be the number of days more or less. I congratidate the friends of common schools, and especially the county superintendents, upon a result so much more wise and liberal than we had ventured to expect. The compensation is still too small : no man is fit to stand at the head of the teachers and common-school interests of a county whose services are not worth two thousand dollars a year ; and if the people see fit to place an incompetent person in that position, both the fault and the remedy are with them. It must also be remembered that a heavy per cent, of the income accruing for services rendered in visiting schools, etc., must be deducted for the expenses necessarily incurred. But, al- though still inadequate, the pay allowed by the amendatory act is a most encouraging advance upon any legislation that we have heretofore been able to secure, and is an auspicious omen for the future. The day, it is to be hoped, has gone by for skilled and efficient educational labor to be expected without a reasonable com- pensation. That policy has too long been pursued, to the constant detriment of the educational interests of the state. 'The same laws apply to all important human enterprises and spheres of labor. If good and efficient workmen are wanted — liberal pay will secure DISCUSSION OF AMENDMENTS. 115 them ; and the attempt to obtain the one without the other is not only a blunder in policy, but a breach of honor. No interests de- mand close and watchful supervision more imperatively than those of public education, and, whatever those who have not reflected upon the matter may think about it, no others are more important. If the people choose, they may, in every county of the state, se- lect the best-qualified and most experienced educational man for the ofiice of county superintendent of schools. Let this be done, and no proposition is more demonstrable than that it is true econ- omy — an actual saving of dollars and cents — to pay him a sum that will justify him in devoting his whole time to the duties of the office." REMARKS ON SECTION TWO. The value of this section consists in the fact that it renders ob- ligatory what has heretofore been optional, and thus completes the line of responsibility in respect to statistical reports, which has heretofore ended, so far as the law is concerned, with the township cflticers. It will hereafter be as much the legal duty of clerks of boards of directors to report to township treasurers as it Is of the latter to report to county superintendents, and they to the state superintendent. It will add very much to the unity of the system, and to the fullness and reliability of all the reports. The facts and statistics that will be required of directors will be few and simple. A list of them will be furnished by the state superin- tendent, from time to time, as required by law. REMARKS ON SECTION THREE. The object of this section is to simplify the mode of procedure in the case of schools composed of pupils from two or more differ- ent townships. The amendment is based upon the reasonable principle that, if directors see fit to admit pupils from other town- ships, they, and not the teacher, should attend to the collection of what Is due on the separate schedules of such scholars. The effect is to modify one clause of the thirty-fifth section of the general law of 1865. Hereafter when a school is composed of pupils from different townships, the teacher will simply deliver all his separate schedules to his own directors, and receive their order on the treasurer of the township In which the school Is taught, for the whole amount due. The directors, in their certificate to 116 DISCUSSION OF AMENDMENTS. the home schedule, must insert the whole amount due the teacher, instead of a proportional part as heretofore ; and in their certificate to the separate schedule of pupils from the district of the other township, they must insert the proper amount due from said dis- trict, computed upon the basis of the total number of days' attendance of all the schedules, as heretofore provided by law. But since the teacher is credited on the home schedule with the whole amount due him, the directors in certifying the separate schedule, must make the proportional amount due from the other township payable to their district, and not to the teacher. The certificate to the separate schedule, modified to suit the re- quirements of the amendment, would be as follows : " We, the undersigned, directors of district number in township, number range number in the county aforesaid, certify that we have examined the foregoing schedule, and find the same to be correct, and that the school was conducted according to law : That there is now due said district the sum of dollars and cents, being the proportional amount accruino- to said district according to law ; and that the said C. D., teacher," has a legal certificate," etc., etc. The directors of the home district will then deliver the separ- ate schedule, so certified, to the directors of the other district, who shall immediately draw an order on their treasurer, in favor of the district in which the school was taught, for the amount certified to be due, as provided and required in the thirty-fifth section of the act ; and the treasurer must promptly honor said order, and in default, the amount thereof can be collected by law. The provisions of this section apply only to the case of schools composed of scholars from diiFerent townships, not to those com- posed of pupils from diiFerent districts in the same township. The fourth section of the amendatory act requires no explana- tion. It will no doubt be carried out in letter and spirit, and with cheerfulness and pleasure, by all concerned. Its justice is self- evident. PART II. Official and Judicial Decisions. Having now presented the school law, as amended, and con- sidered in detail the several sections of the amendatory acts, it remains to embody the official and judicial decisions, now in :^rce, in relation to common schools. These decisions, with but few exceptions, are given in the briefest form. They em- brace the substance of all that have been rendered by the de- partment of public instruction, and the supreme court, in re- lation to common schools; those only being omitted which have been superseded or rendered inoperative by recent legis- lation. They are thrown into this condensed form, so that, being general, and embracing only well established legal prin- ciples, they may be of universal application. For facility of reference, the decisions are grouped into general classes, and arranged under appropriate sub-heads ; those of each general class being consecutively numbered. The author has not turned aside for the purpose of discuss •iug merely theoretical questions, but every decision in the vol- ume was suggested by some case or inquiry actually submitted to the state superintendent for his opinion or determination. The treatment of each topic is, therefore, more or less ex- tended, according to its nature and relative importance. In but two or three instances has it seemed appropriate to enter •into elaborate argument, and then only because of the com- manding importance of the subjects discussed. The decisions are supported by references to eminent judicial authorities. 118 OFFICIAL AND JUDICIAL DECISIONS. I. COUNTY SUPERIKTENDEKTS. 1. Bond. — Before county superintendents can legally enter lapon the discharge of their official duties, they must take an oath for the faithful discharge of the same, and execute a bond, as prescribed in the eleventh section of the act. 2. Examination of Treasurer's Bond. — It is the duty of county superintendents carefully to scrutinize the bonds of township treasurers before accepting and filing them, and if found in any respect defective to return them for correction. (§ 15.) ' 3. To withhold Funds until Bonds are Filed. — County superin- tendents can pay no school funds to any township treasurer who has not on file a good and perfect official bond. (§ 16.) 4. Apportionment of Funds. — Townships and parts of town- ships, in which no schools have been kept according to law, cannot share in the distribution of the school fund. But, if a single school of a township has been kept as the law requires, that to'ivnship is entitled to the benefit of the school fund. (§ 16.) "Where a township is divided by a county line, leav- ing one or more districts on each side of said line, the treas- urer of said township is entitled to funds from each superin- tendent, provided that schools have been kept according to law in each fraction of the township; but not otherwise. If the district or districts in the part of said township lying in one county, have complied with the provisions of law, while the district or districts of said township which lie in the other county, have not so complied, then the treasurer of said town-, ship is entitled to funds from the superintendent of the former county, but not from the superintendent of the latter county. 5. Basis of Apportionment. — County superintendents can apportion no funds to townships upon any other basis than that prescribed in section sixteen of the act. They must always take as the basis, the latest official enumeration of persons under twenty-one, on file in their offices. Where officers fail to report the number of children under twenty-one, OFFICIAL AND JUDICIAL DECISIONS. 119 the county superintendent will adopt the census of those town- ships whose officers have complied with the law and made a return, and take the last enumeration of those townships from which no returns were received, as the basis of distribution. The township whose officers comply with the law are entitled to the full benefits of their increased population. Official census returns must be received, unless known to be false and fraudulent, in which case they may be rejected and the funds withheld until true returns are made; or the latest, correct returns on tile may be taken as the basis, as aforesaid. 6. Examination of Teachers. — County superintendents must hold at least four public examinations of teachers, annually, and more if necessary, at such times and places as will accom- modate the greatest number of persons desiring examination. They are not forbidden to examine teachers privately. Due notice must be given of all public examinations. (§ 51.) County superintendents are authorized to appoint boards of examiners, for the examination of teachers, but such examiners are not school officers, nor entitled to the immunities granted in section seventy-two of the act. It is the duty of the county superintendent or board of examiners, when requested by the directors of any district, to examine teachers in the higher branches ; in which case they shall certify to the additional branches proposed to be taught ; but no certificate can be given unless the teacher is qualified to teach the several branches enumerated in the law. {See remarks on § 51.) 7. Teachers' Certificates. — Certificates can only be granted to persons of approved moral character, and who, upon due ex- amination, shall be found qualified to teach all the branches enumerated in the act. On the question of character, the su- perintendent must be governed by his own knowledge, when that knowledge is in conflict with testimonials. The date of a teacher's certificate must strictly conform to the facts ; it cannot be dated back. Only two grades of certificates are authorized by law. The first is valid in the county for two years, the second for one year. At the expiration of a certifi- cate the superintendent may renew the same by endorsement, without examination, or he may require further examination, as the condition of such renewal, at his option. He is not au- thorized to renew certificates unless granted by himself. (§ 50.) 120 ' OFFICIAL AND JUDICIAL DECISIONS. 8. Fees for Certificates. — All fees for teachers' certificates are abolished, whether granted at public or private examinations, but the expense of the blank forms used may be defrayed out of the school funds. (§ 51.) 9. Revocation and Renewal of Certificates. — Teachers' certifi- cates may be revoked, but only for just cause. In the exercise of this right the greatest care should be taken to avoid injustice. The professional reputation of a teacher should not be prejudiced by the revocation of his certificate, except upon the most clear and positive proof of gross misconduct ; but whenever such proof is furnished, the duty of the county superintendent is plain and he must perform it. When the revocation of a cer- tificate becomes clearly necessary, the superintendent should note the fact in his record of certificates granted, (§ 50,) and re- quest the teacher to surrender the document. If he refuse to do so, the name of the teacher, date and grade of his certificate, and the fact and date of its revocation, (with cause, if deemed expe- dient,) should be published in the county papers, or otherwise. This, in that case, would be necessary for the information and pro- tection of the public. The directors, trustees and treasurer, of the district and township concerned, should also be informed im- mediately and officially by the superintendent, in writing, of his action, and duly notified and warned that no public funds can law- fully be paid said teacher for services rendered from and after the date of said revocation. The law does not authorize county super- intendents to suspend teachers' certificates, nor do I think that the right to do so is implied in the power to revoke. They may grant, renew, and, for good cause, revoke certificates ; their powers in the premises would then seem to be exhausted. It is held that a teacher's certificate cannot be renewed after its expiration — if re- newed at all, it must be done on or before the day it expires. When a certificate expires without renewal, the instrument is dead, and cannot be revived, and its eifectiveness continued by the endorsement of the county superintendent — a new certifi- cate must be obtained, or the teacher is without a license. Any other view would defeat the intention of the law. Thus, a per- son might continue to teach for months, and even years, after the expiration of his certificate, and the irregularity be cured by an endorsement, or series of endorsements, by the county super- intendent. OFFICIAL AND JUDICIAL DECISIONS. 121 10. Re-instatement of Teachers ivhose Certificates have been Re- voked. — The law does not prescribe the limits of time within which a teacher, whose certificate has been revoked, may be re-instated in his profession. Each case must therefore be determined by the county superintendent, according to his best judgment and discre- tion, from the facts and circumstances as he knows or believes them to exist. A teacher's license may be revoked for offences of so grave a character as to render it improper ever to restore him to the school-room. On the other hand, the revocation may be necessitated by malfeasances or delinquencies of a less serious na- ture, against the recurrence of which the county superintendent may be well assured. If, for instance, a teacher is deprived of his certificate for acts of intemperance, or even drunkenness, he may so conduct himself thereafter as,soon to convince the super- intendent that a thorough and genuine reformation has taken place. If so, the fact that but a short time, a few weeks or months, had elapsed since the revocation of his certificate, would not render it improper or illegal to grant him another certificate. The power to revoke certificates is conferred for the sole purpose of summa- rily ejecting from the school-rooms of the state, such persons as may become clearly unfit for the responsible trusts committed to teachers of youth, and should never be exercised in any other spirit. As soon, therefore, as the cause is removed, and the dishonored teacher gives proof of having again become worthy of trust, the spirit of the law as well as of charity, would warrant his re-admis- sion into the profession. 11. School Visitation — Examination of Teachers — Office Work — Compensation, etc. — By section twenty of the act, a county super- intendent is peremptorily required "to visit every school in his county at least once each year, and oftener if practicable." If he does not visit each school at least once, annually, he is liable to removal for "omission of duty." (§ 13.) But he is not restricted to one visitation a year ; he may visit each school more than once in each year, and the law makes it his duty to jdo so, " if practi- cable" — -that is, if he deems it expedient, and his other duties will permit. The law makes the superintendent himself the judge as to how often it may be expedient and practicable for him to visit any particular school or schools. His visits should be as frequent as the interests of each school seem, in his judgment, to require, and no more. And for the exercise of his best judgment and dis- 122 OFFICIAL AND JUDICIAL DECISIONS. cretion in the matter, he cannot be called to account. The law imposes upon him the duty, and duty implies right. His honest acts in the visitation of schools cannot be inquired into by the county court, and payment for the service refused. To justify such a proceeding on the part of the county authorities there must be a palpable case made out, showing corruption or fraud, or a gross pervertion or violation of the intent and spirit of the law by the county superintendent. A county court or board of super- - visors, cannot dictate to a county superintendent, in respect to the number, duration, or necessity of his school visitations. They may remove him from office " for any palpable violation of law, or omission of duty," but in the absence of any such palpable dere- liction, they cannot, in any manner, molest, restrict, or interfere with him in the discharge Qf his official duties; and any order or resolution to that effect, would be of no force or obligation. Nor is a county superintendent to be governed, in visiting schools, by the wishes or opinions of the directors or inhabitants of the re- spective districts. While a request to visit a particular school would be an additional reason for doing so, a request not to visit, or silent indifference on the part of the directors and people of a particular district, would be no reason or justification for neglect- ing to visit that school — but rather the contrary. The superin- tendent is the judge of his own actions in the premises, and will visit when, where, and as frequently as he thinks duty requires, regardless of the assent or dissent, the request or protest, of either the county authorities or the people of the respective districts — subject only to the penalties prescribed for violation of law or omission of duty. As to the time that should be spent in each school visited, that also is left to the best judgment of the county superintendent, and he must be governed in each case by the particular circumstances and condition of the school visited, keeping in mind the require- ments of the twentieth section of the act. It is obvious that it will require a longer stay and a closer investigation to ascertain the condition and needs of some schools, than it will of others, and no one but the county superintendent himself can decide what the duration of the visit in each case should be. If it were worth while to make a general suggestion on the subject, I would say that a visit of less than three hours, or one-half of a school day, would not be likely to be of much use. OFFICIAL AND JUDICIAL DECISIONS. 123 By section fifty-one of the act, it is made " the duty of county superintendents to hold meetings at least quarterly, and oftener if necessary, for the examination of teachers," and they are to des- ignate the particular days and places when and where such ex- aminations are held. The conduct of the county superintendent in respect to the examination of teachers is governed by the same principles as those laid down in respect to the visitation of schools — all the arguments and considerations just applied to the latter case, are equally applicable to the former case. The whole subject is left to the sound discretion and honest action of the county superintendent, and in the conscientious discharge of his duty, he cannot be dictated to, or interfered with. If, "m his opinion^^ four examinations a year are sufficient, he need not hold any more ; but if, "m Jiis opiriioti" more are "necessary," he has the power, and it is his duty, to hold them. The law expressly clothes him with ample discretion in the matter — it could not reasonably do otherwise, for the various circumstances and contingencies that might exist or arise in the one hundred and two counties of the state, could not possibly be foreseen by the legislature, and hence no specific number of examinations could, with any wisdom or prudence be prescribed in the statute — it must necessarily be left to the judgment of the officer himself. He is to determine how and when it is "necessary " to hold more than four examinations. If, " in his opinion," (not, in the opinion of the court, or super- visors,) it is "necessary" to hold monthly examinations, for instance, he has an unquestionable right to hold them, and more or less than that number, as he sees fit. It is also provided in the fifty-first section of the law, that " county superintendents shall^ in no case, exact or receive any fee for certificates." The prohibition is explicit and peremptory, and any county superintendent that disregards it, whether voluntarily, or by the advice, permission, or direction, of others, is liable to removal from office "for palpable violation of law." (§ 13.) So also in respect to office days : the county superintendent must determine the number of such days required for the faithful performance of his official duties, and his honest action in so do- ing, cannot be inquired into. The amount of time necessary for the proper investigation and hearing of questions and controver- sies submitted to him under the school law ; for official corre- spondence; the posting, arranging, abstracting and filing of his 124 OFFICIAL AND JUDICIAL DECISIONS. official books and papers ; the special examinations of such teach- ers as cannot attend on the regular days ; and the miscellaneous details and duties necessarily belonging to a well regulated county office — the time requisite for all these things is, and must be, pecu- liarly within the province of the officer himself to determine, and even if he errs in his action, no fraud or corruption being charged, I do not think that a court would interfere. A palpable case must be made out ; the Intent and purpose to deceive, or to com- mit a fraud ; such as to obtain pay for pretended services not actually rendered, &c., before the conduct of the superintendent can be judicially inquired into. If there is not proof of some gross wrong of this kind, it must be presumed that the officer has acted in good faith, and that his accounts and charges as certified and sworn to, are correct and just. As was said in the former part of this opinion, it would be of little use to offer any suggestion as to the number of days that should be devoted to office work, for it is not the province of the state superintendent, the county court, board of supervisors, or any other officer, court, or persons, to pass upon that matter — but of the county superintendent himself. But, certainly, if the affairs of a county superintendent's office are conducted as they should be, the devotion thereto of one day in each week cannot, it may be remarked, be considered unreasonable. Section seventy-one provides that the accounts of county su- perintendents " shall be certified and sworn to " by them, " and shall be paid semi-annually from the county treasury." While the right of a county court or board of supervisors to require the account to be rendered in full, and by items, is not denied, (although it is not customary in the state to so require : a simple sworn statement of the number of days' service rendered, and the amount due being generally accepted as sufficient,) it is never- theless held that the law does not contemplate that a county superintendent's sworn account shall be overhauled and audited, or its sworn statements subject to be traversed, by a county court or board of supervisors, there being no charge of deception or fraud in the same. Unless such deceit or fraud is charged, or plainly appears in the account itself, it is believed that the court or board cannot go behind the affidavit of the superintendent, but must receive and allow the account, and order it paid. \_Scliool Laws 1865, §§ 13, 20, 51, 71 ; Amend. 1867, § 1.] OFFICIAL AND JUDICIAL DECISIONS. 125 12. Controversies. — It is the imperative duty of county super- intendents to hear all controversies and complaints arising in their respective counties upon school matters, and, if possible, to deter- mine and adjust the same. No such cases can properly be sub- mitted to this department except by formal appeal from the decision of the county superintendent. (§ 20.) 13. Reports. — County statistical reports are required to be made to this office annually. For refusal or neglect to render such reports, at the time and in the manner required by law, county superintendents are liable to removal from office, and the conse- quences of such failure, to the county, are no less than the forfeiture of the state school fund for the ensuing year. (§ 17.) They are also liable to a fine of twenty-five dollars for each default in mak- ing such report, under section seventy-six of the act. And when a county loses its share of the public fund by reason of the failui-e of the county superintendent to make his report, he is responsible for said loss. (§ 77.) 14. Sale of School Lands. — Sales of school lands by county superintendents are invalidated by failure to give due and legal notice thereof. All sales of school lands must be advertised in the manner and for the length of time prescribed in section eighty- seven of the act. T^ie expenses of advertising sales of school lands should be paid from the school fund of the township for whose benefit the advertisement is published. It was held by the earlier state superintendents, that said expenses should be paid by the county superintendent, and the decision has not heretofore been traversed. But a careful examination of the point has satisfied me that said opinion is not well founded. It appears to be a well settled principle that the fees or compensation of a public officer for his services., in any particular business, are not to be reduced by the amount of his legal expenses incurred therein. The compensation mentioned in section seventy-one of the act, in relation to the sales of school lands, are clearly for " services " only, not for expenses. A different construction would work great wrong to the officer. For it is plain, in the case of small tracts at low prices, that even it a sale is eflfected, the cost of advertising may exceed the commis- sions allowed by law ; while on the other hand, the minimum price fixed by the trustees may be so high as to prevent any sale at all, as is frequently the case. And as this may happen several times before a given tract is actually sold, the injustice of requiring the 126 OFFICIAL AND JUDICIAL DECISIONS. expenses to be borne by the county superintendent Is very manifest. This Is all the more apparent from the fact that the superintendent may be obliged to make the sale on the premises^ Incurring an addi- tional outlay for traveling expenses, which must also be repeated as often as there is a failure to sell. The law never requires an of- ficial to expend his private means for the public good. Hence, whatever expenditures the law requires an official to make, the par- ties for whose benefit the expenditure Is incurred must pay the cost. In this case, therefore, the cost of advertising must be defrayed from the school fund of the proper township. (§§ 71, 87, et al.) 15. Commissions on Sales. — The county superintendent Is en- titled to three per cent, of the amount realized from all sales of school lands made by him. When a sale of school lands Is made by the superintendent, and the amount for which the lands are sold is not actually paid In, but loaned to the purchaser or pur- chasers, he is entitled to three per cent, for selling and two per cent, for loaning. (§§ 71 and 86.) When the purchaser of school lands pays the full price of the land to the commissioner in cash, the money so received should be paid to the township treasurer, to be loaned by him. 16. Omission to take Mortgage. — When school lands are sold by county superintendents, and the moneyQs loaned to the pur- chaser, security is required by notes and mortgages as In the case of money loaned by township treasurers ; but should the super- intendent neglect to take such mortgage, the lien is not waived, as the law expressly provides that It shall be reserved. In such a case the trustees of schools can assert a lien as against a pur- chaser, and also as against those claiming under him, with notice, If proceedings are instituted within a reasonable time. {Trustees of Schools vs. Wright et al, 12th III, 432.) 17. Failure to Record Proceedings. — The act makes it the duty of superintendents to record In full the proceedings of all sales of school lands, but It Is held by the supreme court {Trustees of Schools vs. Allen et al, 21st III, 120,) that failure to make such record, provided the lands are legally and fairly sold, does not invalidate the title of the purchaser. In the absence of fraud, non-compliance with the unessential and advisory provisions of the act cannot alienate the just rights of the purchaser. 18. Compensation. — County superintendents are entitled to compensation, as follows : 1. Three per cent, upon amount of all OFFICIAL AND JUDICIAL DECISIONS. 127 sales of school lands, and real estate taken for debt. 2. Two per cent, upon amount of all sums distributed, paid, or loaned out by them. 3. At the rate of five dollars per diem for any number of days of service actually rendered, except for those services for which they are by law entitled to commissions, as above. In vis- iting schools, etc., the time necessarily spent in travel is as much a part of the " day " for which payment is due, as the time actu- ally spent in the school-room, or other business for which the journey is undertaken. Whenever the superintendent appoints a day for the public or private examination of teachers, and is present for that purpose at the appointed time and place, he is en- titled to his per diem, whether any person appears for examina- tion or not ; and, in like manner, when a superintendent gives public notice that he will be in his office on certain stated days, for the examination of teachers and the transaction of other pub- lic business, and accordingly remains in his office for that purpose, he is entitled to the per diem allowed by law, whether any one calls for examination, or for the transaction of other public busi- ness, or not. This is a familiar and well established rule in rela- tion to the obligations and compensation of public officers. (^See remarks on § 71 ; also^ Amend. Feb. 28, 1867, § 1.) 19. What Fines.) Forfeitures and Penalties go to the School Fund. — Among the fines, penalties and forfeitures, which, by section eighty-two, are required to be paid to the county superintendent for the benefit of the school fund, are the following : 1. All fines collected by justices of the peace. 2. All fines collected by other county officers. These are the sheriff, the probate judge, the county court, or board of supervisors — but not the moderator of a town meeting. 3. All fines, penalties and forfeitures, imposed or incurred in any of the circuit courts of this state. This last is by far the most important. It includes, among others, all fines for violations of the criminal law. For selling liquor, illegal voting, assaults, affrays, contempts, arson, altering marks, removing land- marks, assisting prisoner, and so on, for the thousand offenses pun- ished by fines. All forfeitures of recognizances are included. 20. Deputies. — The law, section fifty, authorizes the county su- perintendent to appoint a board of examiners for the examination of teachers, and, of course, to grant certificates upon the recom- mendation of said board. It would also seem that the superin- tendent should be warranted in paying his examiners at the same 128 OFFICIAL 'AND JUDICIAL DECISIONS. rate per clay that he would ■ himself be entitled to for the same service. This is the only instance in the act where the superin- tendent is expressly authorized to act by deputy, and it is to be regretted that power to so act is given at the very point where, above all others, the personal attention of the superintendent is most important. It is certain that if authority to examine teach- ers by deputies, were not plainly conferred by the statute, it could not be done ; for no other duty demands to the same extent the exercise of that care, ability and judgment, which the superin- tendent is presumed to possess. It is therefore earnestly recom- mended that authority to examine teachers should not be delegated to others, notwithstanding permission to do so is conferred by law. Let the superintendent himself perform this most important duty, except in cases of emergency or necessity. Although no direct authority is given to a superintendent to act by an agent, except in the examination of teachers, it cannot be doubted that there are services connected with his office which may properly be performed by another. There is a familiar principle which determines what services may be entrusted to others, by a public officer. It is this : In all those duties in which a special trust is reposed in the abilities, judgment, skill or learn- ing of the officer himself, his powers cannot be delegated ; whilst in the discharge of those duties which are of a merely clerical, formal or ministerial nature, in which no special confidence is re- posed in the peculiar qualifications of the officer, a competent deputy or clerk may be employed. No one supposes that o, judge, for example, can act as such through a deputy. On the other hand, in matters purely ministerial, where the law prescribes defi- nitely the manner in which the thing must be done, such as the extension of taxes, making out collectors' books, recording of deeds, making up of records, etc., the officer de jure is entitled to compensation therefor, although performed by a deputy or clerk. Now, some of the duties of a county superintendent, such as the visitation of schools — giving directions in the science, art and methods of teaching — advising with school officers— deciding questions under the school law, etc., (and, did not the statute provide otherwise, the examination of teachers), are in the nature of a special trust or confidence in the intelligence, learning and judgment of the superintendent himself, and cannot be delegated ; whilst other duties, such as the collection of statistics — making up OFFICIAL AND JUDICIAL DECISIONS. 129 statistical reports and tables — recording, copying, arranging, ab- stracting and filing official papers, etc., may be performed by a clerk or deputy, for whose services the superintendent would be entitled to the same pay as if performed by himself. It seems safe to conclude, therefore, that the idea of a general deputy, with power to perform all the duties of the office, is wholly incompatible with the intent of the law ; whilst in the class of duties above enumerated, the superintendent may employ a competent deputy or clerk, for whose services the superintendent would be entitled to the regular pay, whenever the employment of such deputy is necessary, or will promote the interests of the schools. « And for this purpose the county court or board of supervisors may also allow the superintendent additional compensation, under section seventy-one of the act, and should do so, when necessary to enable him to devote his special attention to the more important educational duties of his office. It is believed that in many cases it would be not only advisable, but highly advantageous to the schools, for the superintendent to pursue such a course. It will enable him to choose the most favorable times for the all-important work of school visitation, which chance to be the very periods when the sta- tistics are to be collected and tabulated for the annual report, and the public funds apportioned and paid out. These latter duties could be performed by a deputy, while the superintendent is fen- gaged in the more important work of visiting the schools, to the great benefit of the public interests. Many of the counties are too large for any superintendent to do all the work, as it should be done ; in such cases the county authorities are earnestly urged to affiard the needed relief, by a suitable appropriation for such services as can be properly performed by a clerk or deputy. 21. Whe7i a Purchaser of jScJiool Land Borrows his Bid. — When the purchaser of common school lands borrows the amount of his bid, as authorized by section eighty-six, the notes, mortgages, etc., given as security for the money so borrowed, should, I think, be made payable to the trustees of the township for whose benefit the land is sold, the rate of interest to be determined as provided in sec- tion fifty-seven of the act. The statute is not explicit as to whether the notes should be made payable to the trustees or county super- intendent, but a careful examination of the law will, I think, sustain the foregoing opinion. The notes in question are certainly for money " to become due the township," which section fifty-seven de- 130 OFFICIAL AND JUDICIAL DECISIONS. clares " shall be payable to the board of trustees, by their corpo- rate name." Again, if default is made in the payment of the notes, the trustees may bring suit for the recovery of the money, (§§ 57 and 62,) and it is reasonable to conclude that the party who has the right to sue for the money should be the payee of the notes. The county superintendent would seem, in such cases, to be merely the agent of the board of trustees. But it is also clear that should the notes be made to the county superintendent, instead of the trust- ees, they would nevertheless be "valid to all intents and purposes." (§57.) 22. Commissions, how Computed. — By sections seventy-one and seventy-two, county superintendents and township treasurers, are^ allowed to retain, as commissions, " two per cent, upon the amount of all sums distributed, paid or loaned out by them." A literal construction of the language of the law would require the com- missions to be computed on the amount actually disbursed, and not upon the whole amount on hand. In other words, that con- struction would require the distribution of a sum which, when increased by two per cent, of itself, would equal the whole amount on hand. To find the commissions on this principle : divide the whole amount by 102 ; the quotient will be the sum to be dis- tributed, which taken from the wliole amount, leaves the commis- sions. But the rule sanctioned by universal custom, is, simply to deduct two per cent, of the amount on hand, as commissions, and distribute the balance. The difference in the results of the two modes of computation is unimportant, being less than four cents on the one hundred dollars.. 23. Per Diem Account, how Collected. — The mode of procedure, under section seventy-one, in relation to the per diem account of county superintendents is not specifically pointed out in the act, but the common practice in the state is for the county superintendent to present his account, duly, certified and sworn to, to the board of supervisors, or county court, for their approval. If approved, they instruct their clerk to draw an order for the amount, on the county treasurer, in favor of the superintendent, which order con- stitutes the proper voucher of the treasurer, who thereupon pays the same. This course seems to accord with the spirit and intent of the school law, and with the statutes regulating the official action of county treasurers. It is also approved by eminent judicial au- thority. It is held, however, by some of our circuit judges, that OFFICIAL AND JUDICIAL DECISIONS. 131 the per diem account can be paid without an order from the super- visors or court, the certificate of the superintendent being, in their estimation, a suflScient voucher for the treasurer. If the treasurer deems the certificate an adequate voucher, he will of course act accordingly. This mode of payment is certainly the most direct and convenient, and, if satisfactory to the oflficers concerned, there can of course be no objection to its adoption. In either case, the sworn statement of the county superintendent is to be deemed con- clusive as to the amount justly due. The account, the correctness of which is vouched for by the oath of the superintendent, cannot be reduced or changed, except upon proof of deliberate falsifica- tion or fraud. The law provides that the account, the whole amount, when certified and sworn to " shall he paid.^^ 24. Entitled to Full Amount of Auditor^ s Warrants. — The war- rants issued by the auditor of public accounts to county superin- I tendents of schools, upon county collectors, both those for the school tax fund and for the interest on the school fund, must in all cases be paid in full by said collectors. No deduction can be made for commissions. Those warrants are issued simply as a mat- ter of convenience, to save the trouble of paying the money into the state treasury and then paying it out again to the county super- intendents of schools. Collectors take receipts of county super- intendents for the full amount of the warrants paid, and on settle- ment with the auditor they are credited with the full amount specified in said receipts, the same as if the money had been actually paid into the treasury. County superintendents have nothing whatever to do with the commissions of collectors ; said commissions are allowed and paid by the auditor on final settle- ment of collectors with the state ; and if any collector withholds any part of the sum specified in the warrants, on account of com- missions, or on any other account, after the amount of said war- rants is collected and payable, it is the duty of the superintendent to proceed against said collector and his securities, in an action of debt, in the county court, which has full and complete jurisdiction in the premises. And the collector must pay, as penal damages, twelve per centum upon the amount due and in default. (§ 70.) 25. Liable for Loss of Funds. — The supreme court, 30th 111., page 99, in reference to the liability of township treasurers for the safe keeping of all funds coming into their hands as such treasurers, hold the following strong language: "Township treasur- 132 OFFICIAL AND JUDICIAL DECISIONS. ers are made insurers of the funds coming to their possession, and nothinjr shoukl or can excuse them but the act of God, or of the public enemy. A distinct and well defined liability is imposed on them by statute, and if it be not met, to its fullest extent, the fact that the omission occurred from misfeasance, or negligence, or im- avoidahle accide7it, or by 2i felony committed hy another^ furnishes no defense to the action on the bond." The official relations of county superintendents to the public funds coming into their hands as such, being identical in nature with those of township treasurers, the same stringent rule of responsibility applies to the former as to the latter — they are equally liable on their official bonds for the loss of any trust funds in their hands, even though caused by ac- cident or the felony of another. I do not see any mode of relief in any such case, except by the special interposition of the legis- lature. In the case of the public funds distributed by county superintendents under section sixteen of the act, the liability does not cease with the expiration of the time within which it is the duty of township treasurers to call for their respective amounts, but remains in full force so long as any part of said funds remains in their hands. Prudence, therefore, dictates that all said funds, when received and payable, should be paid over and receipted for with as little delay as possible. 26. Security for School Moneys Loaned. — Section fifty-nine of the act, in relation to the loaning of school funds by township treas- urers, provides that, " in estimating the value of real estate mort- gaged to secure the payment of money loaned under the provisions of this law, the value of improvements liable to he destroyed^ shall not he included^ Section nineteen provides that all school moneys loaned by county superintendents, shall be, " upon the same security as is provided by this act in relation to the township treasurers." The same rule, therefore, applies to county superintendents, as to township treasurers, in regard to the kind of security that can be taken for school moneys loaned. It must in both cases, and in all cases, be real estate, not liable to destruction, unincumbered, and in value double the amount loaned. Houses, of all kinds, are "liable to be destroyed," hence they cannot be included in esti- mating the value of the real estate given as security for funds borrowed from either county superintendents of schools, or town- ship treasurers. The fact that a building may be insured, and that the borrower will assign the policy as additional security, OFFICIAL AND JUDICIAL DECISIONS. 133 does not relax the rigor of the law hi the case. Experience proves that insurance companies themselves are " liable to be destroyed." 27. Entitled to Whole Amount of Fines. — In cases of assault, the complainant is not entitled to any part of the fine, or to any pay whatever, except for attendance as a witness. The only cases in which the complainant is entitled to one-half the fine is in what are known as '"'•qui ta7n" actions. When a statute imposes a penalty for the doing or not doing an act, and gives part of that penalty to whoever will sue for the same, and the other part to the commonwealth or to some worthy object or institution, and makes said penalty recoverable by action, such actions are called " qui tarn " actions. Hence, unless the statute expressly provides for the recovery of penalties by qui tarn actions, the informer or complainant is entitled to no part of the fine. Section eighty-two does provide for the recovery, by such actions, of penalties against officers failing to pay over fines etc. when collected, and also, alter- natively, in the case of trespassers on school lands ; but the words, " and all other fines, penalties and forfeitures," in said section, do not refer to qui tarn actions, but to fines, etc., recoverable under the general statutes, and the whole amount of such fines must, there^ fore, when recovered, be paid to the county superintendent. 28. Should Not Serve as Township Treasurer. — A county su- perintendent should not, at the same time, hold the office of town- ship treasurer. It is true that the only express legal restriction is that the treasurer "shall not be a director or trustee.'''' {§ 32.) But although not contrary to the letter of the law, the holding the position of township treasurer by a county superintendent, is in conflict with the well established principle that the same person should not hold two such offices as will oblige him to pay over public moneys to himself, and be the judge and custodian of his own securities and vouchers. This, a county superintendent, acting as township treasurer, would be compelled to do. (§§ 15 and 16.) 29. 3Iay Negotiate Loans in Certain Cases. — When common school lands are sold, and the purchaser pays down the price, or a part thereof, in cash, It is the right of the township treasurer to demand that the amount so paid shall be turned over to himself, to be loaned ; and It is, of course, the duty of the county super- intendent to comply. But if the former waives his right to receive and loan said funds, and the township trustees request it, the county superintendent, acting as the agent of the trustees, may negotiate 134 OFFICIAL AND JUDICIAL DECISIONS. the loan and perform all tlie services connected therewith, retaining the commissions allowed by law, being the same that the treasurer would have been entitled to had the business been transacted by him. The notes, mortgages and other securities, in such cases, must be made payable to the board of trustees, by their proper corporate name, the same as if the loan had been made by the township treas- urer, as required by section fifty-seven. (§§ 57, 58, 62, et alJ) 30. May Examine and Correct School Land Records. — The records of the sales of school lands, which are required by section fourteen, are of great importance. Harassing litigation, and vex- atious uncertainties of title, etc., are sure to result, sooner or later, unless these records are full and clear. The statute requires them to be kept in three well bound books. A book of certificates and plats, a sale book, and a cash book. In violation of this require- ment, it is known to this department that in some counties the sale books show but a small part of the actual number of lots dis- posed of; the cash books are incorrect ; and the plats, etc., are not recorded in book A, or any other book, but on scraps of paper and in other unwarrantable forms. Wherever those valuable records are found to be in this condition, county superintendents will be justifiable in putting them in proper shape, or causing the same to be done, and in taking such steps as may be necessary to that end, by inspecting the records of other counties, and securing re- liable data wherever and however it can legitimately be obtained. 31. Holds Over in Certain Cases. — Where a county superin- tendent elect, dies before being duly qualified, it would seem, from the following considerations, that the former incumbent should hold over. The power of a county court or board of supervisors to a'p'point^ is conditioned upon there being a vacancy. (§ 13.) But if the person elected does not qualify., there is no vacancy, and hence the county court or board of supervisors cannot appoint. Neither does the law, as I understand it, give the county court any authority to order another election. Hence, In such cases the former incumbent holds over till the next regular election. The foregoing principle has been recognized and applied by some of the circuit courts of this state. 32. Elections in .Townships Divided hy County Lines. — Section twenty-five makes it the duty of county superintendents to order elections of township trustees when treasurers fail or refuse to do so. In townships divided by county lines, the election in such OrnCIAL AND JUDICIAL DECISIONS. 135 cases may, If practicable, be ordered by the two superintendents jointly. If this cannot be done, the election may be ordered by the superintendent of the county in which the sixteenth section of such township is situated. The election cannot be allowed to go by default through supposed lack of jurisdiction on the part of the respective superintendents. The foregoing rule, in such emer- gencies, is sustained by the principle recognized in the last clause of the thirty-seventh section of the act, and is the only perceiva- ble mode of procedure in such cases. 33. Reports of Justices and Clerks Under Section 82. — All fines, penalties and forfeiture due the school fund, no matter how long ago they were imposed or Incurred, must, if collected, be paid over to the county superintendent, and may be recovered " in a qui tarn " action, as provided in section eighty-two. But the law requir- ing clerks of courts of record, and justices of the peace, to report the amounts of fines, etc., imposed and collected by them respect- ively, should not be construed as retroactive. Said reports can only be demanded from and after the passage of the law requiring them, to wit, February 16, 1865. These reports are for the information of county superintendents, to keep them apprised of the facts, whatever they may be, in relation to these funds, and said reports should therefore be rendered by the first of March every year, whether any fines, etc., have been imposed and collected, or not. If there have been no transactions. since the former report, it is important for the superintendent to know that fact, which the hlarik report will show. There may, perhaps, be some doubt as to whether a magistrate can be compelled to report unless he has imposed a fine, etc., but the importance of reporting annually, in all cases, is so great that it is hoped that none will avail themselves of such doubt as a reason for not reporting. Superintendents are enjoined to see that the reports are promptly rendered, and to pro- ceed against delinquents as provided by law. " No rule of inter- pretation is better settled than that no statute shall be allowed -a retrospective operation, unless the will of the legislature to that effect is declared In terms so plain and positive as to admit of no doubt." {Bruce vs. Schuyler., 4 (x^7w^., 279.) 84. Action Under Section 21. — County superintendents must see that township reports are returned to them at the time and In the manner required by law, and in default should at once proceed as required by section twenty-one. If imperfect or erroneous reports 136 OFFICIAL AND JUDICIAL DECISIONS. are made, they should be returned for correction, if the time will permit. If there is not time for the return of the reports for cor- rection, or if the reports are sent back by the treasurer, still imper- fect or erroneous, superintendent should send an agent into the de- linquent township, the same as if no reports had been returned. 35. May he Teachers. — Many county superintendents of schools are also engaged in teaching. There is no legal impediment to this, the two positions are not incompatible. Since, then, county superintendents may at the same time be teachers ; and since every teacher must have a legal certificate of qualifications, ( § 52 ;) and since such a certificate can only be granted by the superintendent of the county in which the school is taught, ( § 50 ;) it follows that a county superintendent may teach under a certificate signed by himself. In such case the certificate should be endorsed by the board of examiners. (§ 50.) The signature of the superintend- ent, under such circumstances is only a necessary legal formality. There are many analogies : a collector must sign his own tax receipt, and be its custodian — a city clerk, if re-elected, must certify to his own election, etc. The best way to avoid the seeming anomaly is, for superintendents desiring to teach, to obtain state certificates. 36. May Procure and Furnish Office^ etc. — It is held that the county authorities should provide a suitable office for the use of the county superintendent of schools, and supply the same with furniture and fixtures necessary for the transaction of public busi- ness, and the safe keeping of the public moneys, records and papers. It is not seen why this should not be done for the super- intendent of schools, the same as for other county officers. Among the articles necessary for the proper equipment of the county superintendent's office, are, a convenient writing-desk, or secretary, with as many pigeon-holes as there are townships and parts of townships in the county, and enough extra ones for the proper classification and filing of miscellaneous papers — one or more common tables, and a complement of chairs, for the accommoda- tion of applicants for certificates — a small book-case, for sample copies of text-books, reference books, educational works, reports, etc. — good maps of the county and state, etc. , If the county au- thorities decline or neglect to provide and furnish an office, the su- perintendent may do it, and pay the necessary expense for rent, etc., out of the county fund. He is also authorized to use the same fund for the purchase of all books, blanks, postage, stationery and OFFICIAL AND JUDICIAL DECISIONS. 137 printing, necessarily pertaining to, and actually used in, the discliarge of his official public duties — provided the same are not furnished by the county authorities as aforesaid. The strictest economy is, how- ever, enjoined, and no expense must be charged to the school fund, the incurring of which is not clearly legitimate and necessary. For any departures from this plain and imperative rule, superintendents will be liable on their bonds. All furniture, fixtures, books, etc., belonging to the office must be carefully preserved, and when a county superintendent is about to turn the same over to his suc- cessor, he should make an inventory of all such articles as are sus- ceptible of enumeration, and take a receipt therefor, in duplicate, one for his own use, the other for file with the county clerk. 37. Should Keep Account of Services. — County superintendents should keep careful accounts of all official services rendered by them, noting the dates and places, kind of service, time spent, and the compensation charged. In recording school visitations, the township and district should be designated. These state- ments of account should be kept in a well bound book pro- ■ vided for the purpose, which may be paid for from the school fund. The book should be open to the inspection of any who may be entitled to examine it. When a detailed statement of account is requested by the county authorities, the superintendent should furnish it. Such statement will be merely a transcript from the record book of services rendered. It is right and proper that county authorities should be informed of the acts and doings of their county superintendents, if they desire it, as well as of other county officers. It is true that county authorities do not usually require, or claim the legal right to require, an itemized statement of account ; but a full record should nevertheless be kept, and a transcript furnished when requested. All public business should be done in a careful and methodical manner, and with such accu- racy and fidelity as to welcome scrutiny and defy suspicion. Such a record of official services may, moreover, be of much local and historical value in the future. 88. Newl'y Organized Townships. — The forfeiture of school funds for failing to have a six months' school annually, does not apply either to newly organized districts or toumships. If a township is first laid off into school districts in October, for instance, the county superintendent should allow said township its due propor- tion of public funds at the distribution made the following April, 138 OFFICIAL AND JUDICIAL DECISIONS. This is to enable the several districts of the newly organized town- ship to commence operations under the law. Thereafter the claim of the township to participate in the distribution, will rest upon its compliance with the six months' rule of the law, the same as others. If, in the case supposed, no district of the township should maintain a six months' school by the 30th day of September fol- lowing, the law in regard to forfeiture would be in full force and eifect, and no more funds could be apportioned to said township until it should comply with the provisions of the statute. In case funds should be apportioned to a newly organized township as above stated, and no district of said township should sustain a six months' school within one year from the organization of said town- ship, (the fund remaining of course in the hands of the township treasurer,) it would be the duty of the county superintendent to de- mand, and of the township treasurer to pay over, said funds, to be re- apportioned to the other townships of the county, or to such of them as had complied with the law. Said funds could not be added to the principal of the township fund, nor allowed to remain, idle, in the hands of the treasurer, but should be returned to the superintend- ent to be re-distributed. It is the spirit of the school law to favor those townships and districts which do their part, and to impose penalties upon those which do not ; and to see that every dollar of the public money is made to contribute to the interests of schools. 39. Fines and Penalties^ and the School Fund — Rule of Ac- tion. — It is important to know what fines, penalties and forfeitures are given by the school law to the school fund. Cases of appar- ent difficulty often arise, which can be disposed of at once by reference to the proper rule. A careful examination of the law, (§ 82,) shows that " all fines, penalties and forfeitures," no matter for what cause, no matter how great or how small, no matter against whom they may be adjudged, when "imposed or incurred in any of the courts of record, or before any of the justices of the peace of this state," belong to the school fund, with but two exceptions. This language includes every court in Illinois, for all are courts of record except justices of the peace. It includes everything then, which is either fine, penalty or forfeiture in the widest legal sense of those words, save what is named in these two exceptions. And what are they ? 1. The first is : such as are imposed or Incurred in an incorpo- rated town for the violation of a by-law thereof. OFFICIAL AND JUDICIAL DECISIONS. 139 2. The second is : such as are imposed or incurred in an in- corporated city, for the violation of an ordinance thereof. Having stated the uniform rule, and the exceptions, the decision of any particular case is easy. Was the fine imposed for violation of town by-law or city ordinance? If not it must belong to the school fund. No matter what the form of proceeding, or how en- titled ; it may be a fine for contempt in which no papers are made ; in all cases the test here given indicates with unfailing certainty where the fine should be paid. 40. Fines may he Loaned. — By section nineteen of the act, county superintendents are expressly authorized to "loan any money, not interest, belonging to the county fund, before the same is called for according to law by the township treasurer, at the same rate of interest, upon the same security, and for the same length of time, as is provided in relation to township treasurers." Now, the amount of fines, etc., received under section eighty- two, is not interest., and it belongs to the county fund ; it may, therefore, be loaned in the manner provided by law, until it is liable to be " called for according to law," which is on or about the first of March. (§ 70.) 41. Sale of Scliool Lands of Fractional Totvnships, Having no Sixteenth Section. — There are some fractional townships which do not contain a section numbered sixteen. In these cases Congress provides for the selection " of other lands equivalent thereto, and as contiguous as may be." Thus it sometimes occurs that the school lands of a township do not lie within the limits of that par- ticular township. In a case where the township itself, being fractional, lies within one county, and its school lands in another county, the question arises : who ought to sell these lands when the sales come to be made, the school superintendent of the county in which the township is situated, or the superintendent of the county where the lands lie? The answer must be founded upon the law itself. By section eighty-one of the school law, the provisions in relation to other school lands are made applicable to these lands not withiu the townships to which they belong. What, then, are these provisions? By section eighty-three we find that when the inhabitants of any township desire the sale of the school lands be- longing to that township, they are directed to petition the "county superintendent of the county in which the school lands or the greater portion thereof lie." This very case seems to have been 140 OFFICIAL AND JUDICIAL DECISIONS. foreseen and provided for. The next section provides that when the petition, etc., is delivered to the county superintendent " as aforesaid," he shall subdivide the land into lots. Section eighty- seven provides that the " county superintendent shall give notice," and section eighty-eight prescribes the manner in which the " su- perintendent shall sell." A careful examination of these various sections leaves no doubt that the officer meant is the one described in the eighty-third sec- tion, viz : the school superintendent of the county where the lands lie. This appears to be the only conclusion warranted by a fair interpretation of the language of the statute, and we must take the law" as we find it, and obey its directions. 42. Relations to County Courts or Boards of Supervisors. — The act amending the school law, approved February 28, 1867, does not change section seventy -one, of the act of February 16, 1865, except in two particulars, viz : It changes the rate of com- pensation allowed county superintendents of schools, from three dollars a day to five dollars a day ; and it allows said compensa- tion for any number of days' " services actually rendered," instead of for the specific maximum number of two hundred days, as was the case before. It does not in any manner change the mode of Tendering and paying the accounts of county superintendebts. The amendment, taken in connection with that part of section seventy-one which is not changed, would read as follows : County superintendents of schools " shall be entitled, in lieu of the per diem now allowed by law, and exclusive of commissions, to be paid semi-annually from the county treasury of their re- spective counties, as compensation for their services, the sum of five dollars per day, for services actually rendered ; which account shall be certified and sworn to by the county superintendent." The main question is : Does the law contemplate that these accounts shall be passed upon by county courts, as to the kind, amount, and faithfulness of the- services rendered, and the com- pensation justly due therefor ; and including, of course, the right to change, increase or diminish, the amount claimed, as they may deem just and right — or, on the other hand, is the sworn state- ment of the county superintendent to be regarded as the specific and conclusive legal evidence upon which the account is to be paid, as a proven account ? From a careful examination of the language of the statute, I am OFFICIAL AND JUDICIAL DECISIONS. 141 of tlie opinion that the latter is the proper construction. The law simply provides that the account slmll be " certified and sworn to," and that thereupon, it " shall be paid, from the county treasury." There is nothing in the act that seems to require or to contem- plate that the account shall be canvassed and audited by the court, or that seems to confer upon the court any supervisory power in respect either to the number of days charged, or to the expediency or necessity of the services rendered. It seems to be a case in which the legislature has seen fit to prescribe the par- ticular evidence upon which the account shall be paid, namely, the statement and aflSdavit of the oflicer himself; and when the pre- scribed evidence is furnished, in due form, it would seem to be the duty of the court, without discretion, to order the account paid. If it is charged that the superintendent has sworn falsely — that he has brought in a bill for any services not actually rendered — or that he is guilty of any "palpable violation of law," (§ 13,) or of a willful perversion of its obvious intent and meaning — or if any palpable wrong, or untruth, or intention to deceive, or to commit a fraud, appears in the account itself — for these offences, or any of them, if a clear case can be made out, payment of the bill can, of course, be refused by the court, and the superintend- ent himself removed from oflSce and otherwise punished, as pro- vided in the thirteenth section of the act. But unless some palpable dishonesty, fraud, or corruption is charged, or clearly appears, I think the sworn statement of the superintendent must be regarded as final and conclusive. I may add that some of our circuit judges have not only concurred in this view of the law, but have also held that county superintend- ents are not bound to submit their accounts to the supervisors at all, but may hand their sworn statements to the county treasurer directly, without an order from the board, and receive their pay ; and in at least one or two instances this has been done. I cannot, however, regard such a course as expedient, even if warrantable. In respect to the number of days that a county superintendent may spend in the visitation of schools — or the number of times that he may visit the same school or schools — or the number of public or private examinations of teachers that he may hold — or the number of days that he may spend in office work or general official business, &c., &c., I am of the opinion that he is clothed by law with very large discretion ; that all such matters are, and 142 OFFICIAL AND JUDICIAL DECISIONS. must be, peculiarly within the control of the county superintendent, and that even if he errs in his action, no fraud or corruption being charged, the court cannot properly interfere. It must be presumed that he acted in accordance with his best judgment of the interests of common schools, and of his duties under the law, and in good faith, unless a palpable case is made out, and some gross corruption or fraud Is shown. That the superintendent has such large discretion in the matters above enumerated, will, I think, be apparent from the language used in the twentieth and fifty-first sections of the act. In conclusion, then, I am of the opinion that county superin- tendents of schools are, by law, constituted the judges' of the necessity or expediency, as well as of the amount, of the educa- tional and oflSicIal duties and services which they are required to perform, and that their honest acts in the premises, cannot be judicially inquired Into; but that "for any palpable violation of law or omission of duty," they may be promptly removed from office by the county court or board of supervisors. Most of the points involved in this opinion have been elsewhere considered in this work, although from a different stand-point, and with a somewhat different aim : their practical importance seems to justify this additional discussion, and must excuse the repeti- tions that will be observed. \_School Laws, 1865, §§ 13, 20, 51, 71; Amend., 1867, § 1; Metz v. Anderson, 23, III, 463.] 43. Appeals. — It is the duty of county superintendents to hear and determine all controversies arising under the school law, (§ 20,) and to inform the parties concerned that such cases should not be - submitted to, and cannot be entertained by, this department, until they have been passed upon by the county superintendent, as re- quired by law. This applies only to questions of a controversial character. County superintendents will be careful, in appeals, to state all the material facts, to the satisfaction of the parties, for the decision of the state superintendent will always be rendered upon the statement given and certified by the county superintendent. Where an agreed case cannot be made up, the county superintend- ent will state the facts of the case to the best of his knowledge and belief, and attach his certificate thereto, and the opinion of the state superintendent will be based upon such certified statement. Attention to these points will save parties, and this office, from much unnecessary trouble, and greatly promote the quiet, prompt and satisfactory administration of the school system. OFFICIAL AND JUDICIAL DECISIONS. 143 II. TOWNSHIP TRUSTEES. 1, Basis of Apportionment. — Trustees must apportion scliool funds to districts upon the basis prescribed in section thirty-four of the act ; one-half upon census of children under twenty-one, and the other half upon the attendance certified in the schedules. No other rule or mode of distribution is legal. 2. Grrounds of Claim To. — A six months' free school, kept ac- cording to law, is the only ground upon which a district can claim a distributive share of the public school fund. Trustees must withhold the public funds from any district which has not com- plied with this fundamental rule. The rule has reference to the preceding school year, and does not apply to newly organized dis- tricts. The school year begins Oct. 1, and ends Sept. 30. If any district has a six months' school between Oct. 1 and Sept. 30, of any school year, that district is entitled to its share of the school fund, both on census and schedule, at the April and Octo- ber distributions of the following school year. A six months' school must be kept in each and every year. It will not satisfy the law to average the time of two or more years, taking the sur- plus months of one year to make good the deficiency of another. To comply with the law, a school must be kept for six different months in each year. Hence the requirement is not satisfied by having two diiferent schools in a district during the sa77ie three months. Each school in such a case must cover a period of three different months to constitute the legal six months. Since only those districts which have complied with the law can receive public funds, and, since all the public money on hand must be apportioned semi-annually, it follows that a portion of the dis tricts of a township, or even a single district may be entitled to the whole amount of funds on hand ; thus, if but one district in a township complies with the law, that district will receive the whole distributive fund of the township. 3. Surplus District Funds. — If any district have a surplus of public money remaining after paying schedules and other school 144 OFFICIAL AND JUDICIAL DECISIONS. expenses, said surplus does not go back into the township fund, but belongs to the district, and will be held by the township treasurer subject to the orders of the directors thereof. Money onee apportioned to a district is ever after subject to me exclusive ordel-s of the directors of that district. 4. Funds of Townships lying partly in two Counties. — When a township lies partly in two or more counties, and the treas- urer receives public money from the superintendents of each county, the funds so received should be merged and treated as 07ie common fund. It is clear from the thirty- fourth section of the act that in the distribution of the state, county and township funds, every township is to be taken as a unit, and the distribution must be made to all the districts which have had schools according to law, without regard to county lines. Trustees cannot cause the portion of county fund received from each superintendent to be expended exclusively in that part of the township which lies in the county of that superin- tendent, but must make one common fund of the amount so received, and distribute as aforesaid. The apportionment be- ing made under one uniform state law, the accidents of county lines are not to be taken into the account. The case of swamp land funds, which have recently accrued in some of the coun- ties, seems to form an exception, and the only one, to the foregoing rule. The interest of such funds may be appor- tioned exclusively to the districts of that part of the township which is in the county having such swamp land fund, when specifically so ordered by the county court or board of super- visors. These are special cases. But the swamp land com- missioner should not pay the money to the directors, but to the township treasurer, to be by him distributed to the dis- tricts of the proper county. Directors are not authorized to act as the custodians of that fund, or any other. When the swamp land fund is placed in the hands of the county super- intendent, to be by him invested, and the interest to be dis- tributed with the other state and county fund, the same rule may be observed with reference to townships divided by county lines as when the interest of the fund is paid by the swamp land commissioner directly to the respective township treasurers. And to this end, said fund should, in such cases, • be kept separate by the county superintendent, so that treas- OFFICIAL AND JUDICIAL DECISIONS. 145 , iirers of factional township, may pay out said fund to the proper districts only. 5. ^Trustees Cannot Borrow Township Funds. — There can be no question but that the loaning of any portion of the school fund under the control of the trustees, by themselves, to one or more of their own number, is wholly without any sanction of law. It brings their individual interests in conflict with their trust du- ties, and, aside from the express provisions of the forty-second section of the act, is contrary to the general principles of law governing trust relations and official conduct. Such a trans- action is of the nature of a "contract," in the sense of the statute, and, as such, is explicitly prohibited in the forty-second section of the law. [Moore v. School Trustees, 19 III., 86.) 6. Division of District Funds and Property. — N"o division of school funds or property is to be made by the trustees unless a new district is formed. If a portion of territory is cut off from one district and attached to another, thereby changing the boundaries, without establishing a new district, no division of funds or property is required. This applies also to the case of the dissolution of a district, by attaching one portion of it to one adjoining district, and the other portion of it to another adjoining district, thereby abolishing the first named district. In such case, each of the adjoining districts will take what falls to it by the division line of the trustees, and no more. ]^o other distribution of the property of the divided district should be made. The house, etc., belongs to the district to which it falls by the action of the trustees. As neither of the two dis- tricts has any claim to the school property of the other district, the one to which the said property does not fall, has no right to complain ; while the one to which said property does fall, should be thankful for its good fortune. When a new district is formed, all funds on hand must be distributed at the time such new district is formed, and all funds due, but not yet paid in, must be divided as soon as received, except in case of debts etc., as hereafter noted ; and the distribution in both cases, must be made in proportion to the amount of taxes collected from the property remaining in each district. "When a new district is formed, the school prt^peWj/, such as houses, sites, etc., must be appraised, and the value thereof apportioned among the several districts in proportion to the amount of taxable 10 146 OFFICIAL AND JUDICIAL DECISIONS. property remaining in each district. The law requires a, prompt division of funds and apportionment of the value of school prop- erty. The appraisal and apportionment of the value of school property should be made at the time the nev^^ district is formed, and it must be made within three months. For refusal to make the appraisal and distribution required by law, the trustees are liable. (§§ 76, 77.) It will be observed that funds and prop- erty must be apportioned by different rules— the former on the basis of taxes collected, and the latter on that of the taxable property remaining in each district. These rules of distribu- tion must be strictly adhered to. When a new district is formed, by consolidation of two or more districts, the new dis- trict so formed owns all the corporate funds and property of the constituent districts. (§ 33.) Where a school-house be- longs to a district, but not the site on which it stands, the ap- praised value of said house must be apportioned as above. The fact that the district does not own the site, does not release it from the obligation to divide the value of the house which it does own, and which both districts helped to build. After the school property is appraised and apportioned as aforesaid, it is optional with the directors of the district in which the school-house and other property is situated, to retain the same, and levy a tax upon their district to pay the amount due the other district, or to cause the same to be sold and the proceeds to be apportioned as aforesaid. Should they elect to retain the property and fail or refuse to levy the amount due the other district, the trustees of the township must sell said prop- erty by auction or otherwise, and divide the proceeds as afore- said. Or the directors may be compelled, by writ of manda- mus, to levy the necessary tax. If the portion of territory con- taining the school-house is cut off from one district and attached to another, the former district has a valid claim to the house and should be allowed to move it back, or receive its value from the other district. This does not conflict with the spirit of the rule that there is to be no division of property where no new district is formed. It is not the intention of the law that any district should lose a portion of its territory and its school-house too. (§ 49.) 7. Formation of Districts and Change of District Boundaries. — Authority to lay off townships into school districts ; to form OFFICIAL AND JUDICIAL DECISIONS. 147 new districts; and to alter or change the boundaries of dis- tricts after thej have been established, is vested by law in boards of township trustees. In deciding this point, the su- preme court hold, the following conclusive language : "N"o vote of the people; no petition is required; but the trustees are peremptorily required to lay off the township in- to districts; and they are directed, in so doing, to suit the wishes and convenience of the inhabitants of the township. There being no mode provided by the act by which this is to be accomplished, the board must necessarily take the respon- sibility of deciding the question, acting upon the best lights before them, and exercising their best judgment. They must perform that duty; and their honest action cannot in this manner be inquired into ; and the power to alter and change districts, when once established, is expressly given to the trustees, by the same section — the only limitation being, that it shall be done at a regular meeting of the board." While no change or alteration can be made in the bounda- ries of school districts, except at a regular session, yet if a proposition to alter or change a district is presented at such regular meeting, but not acted on, for want of time or other sufficient reasons, such proposition may be taken up and dis- posed of at an adjourned meeting. Such an adjourned meet- ing is to be regarded as merely a continuation of the regular session. But no proposition to change the boundaries of dis- tricts can be considered or acted upon by the trustees at any adjourned meeting, unless said proposition was first submitted to them at a regular semi-annual meeting. The regular meetings of trustees may be continued from day to day, or adjourned to be held at any other time. Trustees are author- ized to divide their townships into one or more school districts, being governed in the number of such districts only by what the best interests of the township seem, in their judgment, to require. Districts may be established, composed of parts of two or more adjoining townships or counties; in which case the concurrence of the trustees of the interested townships is necessary ; but, when such districts are formed, they cannot be changed without the consent of a majority of the trustees of each township. The same parties whose concurrence is required in the formation of such districts, must concur also 148 OFFICIAL AND JUDICIAL DECISIONS. in the dissolution or change of such districts. It is not nec- essary that the several boards of trustees meet together in joint session in order to "concur" in the sense of the act; all that is essential is that each board should agree to the pro- posed action. {Metz v. Anderson, 23 111., 463.) 8. Schedules — Six Months' Ride — Day of Apportionment. — Trustees are personally liable for any loss resulting from their neglect to apportion upon a schedule before them which has been legally accredited by the directors and filed with the township treasurer. It is their duty to allow every schedule so reported and filed, its just share in the apportionment of the public funds in proportion to the attendance certified, ex- cept in cases of manifest deception or fraud, which always vitiates. Trustees have no more right to cut down the sched- ules to an average of six months, than they have to prescribe a uniform rate of teachers' wages in the township. They must apportion one-half by schedule, no matter whether one district has had more school than another, or not — that is no affair of the trustees, so far as dividing the money is concerned. Kor does it concern the trustees whether a special tax will be necessary or not, in each district ; that is the business of the directors. Each schedule must receive full credit for the "attendance certified," whether it be ten days, or ten thou- sand. One-half is apportioned upon the census, for the benefit of the weaker districts, where the attendance is less, and schools cannot be sustained more than six months in the year — the other half, upon the schedules, to encourage a full attend- ance, and longer terms of school. It is by no means the intention of the law to limit the term of school to six months, but to promote extension beyond that time, and as an incen- tive to this, each district has the benefit of such extension, in the increased sum apportioned upon schedule. This wise and excellent provision would be of no effect, if any board of trustees could, at will, cut down all the schedules to a mini- mum average, or to any other average. It is supposed by some that trustees cannot apportion funds on schedules cov- ering a less period than six months. This is an error, and arises from a misa pi. 18; 2 Chit.pl. 553; 9 Wend. 355; Peter- dorff Index 296.) The power allowed by law to the parent over the person of the child may be delegated to a tutor or instructor the better to accomplish the purpose of education. (2 Kent. Com. 205.) A school-master stands in loco parentis, and may in proper cases inflict moderate and reasonable chastisement, {^he State v. 248 OFFICIAL AND JUDICIAL DECISIONS. Pendergrass^ 2 Bev. and Battle, 365.) Althougli a town (or com- mon) school is instituted by the statute, the children are to be considered as put in charge of the instructor for the same purpose, and he to be clothed with the same power as when he is directly employed by the parent. The power of the parent to restrain and coerce obedience in children cannot be doubted, and it has seldom or never been denied. The power delegated to the master by the parent, must be accompanied for the time, with the same right as incidental, or the object sought must fail of accomplish- ment. {/Stevens v. Fassett, 27 Maiiie 280.) The tutor or school- master has such a portion of the power of the parent to restrain and correct as may be necessary to answer the purposes for which he was employed. ( 1 Blackstone, 453.) The power must be temperately exercised, however, and no school-master should feel himself at liberty to administer chastisement coextensive with the parent, however much the infant delinquent might appear to have deserved it. (3 Barnioall ^ Alderson, 584.) If a person over twenty-one years of age voluntarily attend a town (or any) school, and is received as a scholar by the instructor, he has the same rights and duties and is under the same restrictions and liabilities as if he w^ere under the age of twenty-one years. (27 Maitie, 266.) This, it will be understood, is true generally, but there may, of course, be a special contract which, when it exists and is legally made, may give unusual rights and privileges to either party. Where a scholar in school hours places himself (with or without permission), in the desk of the instructor, and refuses to leave it on the request of the master, such scholar may be lawfully re- moved by the master; and for that purpose he may immediately use such force, and call to his assistance such aid from any other person or persons as may be necessary to accomplish the object; and the case is the same if the person removed is over twenty-one years of age, or not a scholar, but a person having no right in the school. The school-house is in the charge and under the control of the authorized teacher so far as is necessary for the performance of his duties as teacher. The law clothes every person with the power to use force sufficient to remove one who is an intruder upon his possessions, and the school-house is, for certain purposes, the teacher's close, his kingdom, or his castle. The teacher has responsible duties to perform, and he is entitled in law and in reason to employ the means necessary therefor. It is his business OFFICIAL AND JUDICIAL DECISIONS. 249 to exact obedience in the school-room, and it is his legal right. (^Stevens v. Fassett, 27 Maine, 266.) The supreme court of Vermont in a recent and very able opin- ion on this subject say: A schoolmaster has the right to inflict reasonable corporal punishment. He must exercise reasonable judgment and discretion in determining when to punish and to what extent. In determining upon what is a reasonable punish- ment various considerations must be regarded — the nature of the offence, the apparent motive and dispo.sition of the offender, the influence of his example and conduct upon others, and the sex, age, size, and strength of the pupil to be punished. Among rea- sonable persons much difference prevails as to the circum.-^tances which will justify the infliction of punishment, and the extent to which it may properly be administered. On account of this dif- ference of opinion, and the diflficulty which exists in determining what is a reasonable punishment, and the advantage which the master has, by being on the spot, to know all the circumstances, the manner, look, tone, gestures, of the offender, (which are not always easily described) and thus to form a correct oj)inion as to the necessity and extent of the punishment, considerable allow- ance should be made to the teacher by way of protecting him in the exercise of his discretion. Especially should he have this in- dulgence when he appears to have acted from good motives, and not from anger or malice. Hence the teacher is not to be held liable on the ground of excess of punishment unless the punish- ment is clearly excessive, and would be held so in the general judgment of reasonable men. If the punishment be thus clearly excessive, then the master should be held liable for such excess, though he acted from good motives in inflicting the punishment, and in his own judgment considered it necessary and not excessive. But if there is any reasonable doubt whether the punishment was excessive, the master should have the benefit of that doubt. {Lan- der V. Beaver, 32 Vermont 123 ; 19 lb. 108 ; 4 Gray 37 ; 2 Dever ^ Bat., 365 ; 3 Salk. 47 ; Beeves' Domestic Bel. 374, 375 ; Whar- ton's Amer. Crim. Law, 1259 ; 1 Satmders on PL ^ Ev. 144.) Says another able jurist: It is not easy to state with precision the power which the law grants to school-masters and teachers with respect to the correction of their pupils. It is analogous to that which belongs to parents, and the authority of the teacher is regarded as a delegation of parental authority. One of the most 250 OFFICIAL AND JUDICIAL DECISIONS. sacred duties of parents is to train up and qualify their children for becomino; useful and virtuous members of society ; this duty cannot be eifectually performed without the ability to command obedience, to control stubbornness, to quicken diligence, and to reform bad habits ; and to enable him to exercise this salutary sway he is armed with the power to administer moderate correc- tion when he shall believe it to be just and necessary. The teacher is the substitute of the parent ; is charged in part with the per- formance of his duties, and in the exercise of these delegated du- ties is invested with his power. The law has not undertaken to prescribe stated punishments for particular offences, but has con- tented itself with the general grant of the power of moderate correction, and has confided the graduation of punishments, within the limits of this grant, to the discretion of the teacher. The line which separates moderate correction from immoderate punishment can only be ascertained by reference to general principles. The welfare of the child is the main purpose for which punishment is permitted to be inflicted. Any punishment therefore which may seriously endanger life, limbs, or health, or shall dis^figure the child, or cause any other permanent injury may be pronounced in itself immoderate, as not only being unnecessary for, but inconsist- ent with, the purpose for which correction is authorized. But any correction however severe which produces temporary pain only, and no permanent ill, cannot be so pronounced, since it may have been necessary for the reformation of the child, and does not inju- riously affect its. future welfare. We hold, therefore, that it may be laid down as a general rule, that teachers exceed the limits of their authority when they cause lasting mischief, but act within the limits of it when they inflict temporary pain. When the cor- rection administered is not in itself immoderate and therefore be- yond the authority of the teacher, its legality or illegality must depend entirely, we think, on the quo animo with which it was administered. Within the sphere of his authority the master is the judge Avhen correction is required, and of the degree of cor- rection necessary ; and like all others intrusted with a discretion he cannot be made penally responsible for error of judgment, but only for wickedness of purpose. The best and the wisest of mortals are weak and erring creatures, and in the exercise of functions in which their judgment is to be the guide, cannot be rightfully re- quired to engage for more than honesty of purpose and diligence OFFICIAL AND JUDICIAL DECISIONS. 251 of exertion. His judgment must be presumed correct, because be is tbe judjje, and also because of tbe difficulty of proving tbe offence, or accumulation of offences, tbat call for correction ; of sbowing the peculiar temperament, disposition and habits of the indivi Trustees. K. L. ) 11. semi-annual exhibit to directors. [§ 63.] In compliance with the requirements of section 63, of the amended school law of 1865, the undersigned, treasurer of township , range , in county, hereby certifies that the following is a true and correct statement of the amount of funds now in his hands, belonging to district Islo , in said township, viz: Amount of state and county fund. . . . " " interest on township fund. " " district tax fund Dated this day of A. D. 18, .. [Exempt.} Township Treasurer. 12. RECEIPT TO TOWNSHIP TREASURER. [§ 67.] Received 18 , of the treasurer of township , range , county of , the sum of dollars, on account of district No. . . ., township , range , in the county of [Two cents, when over $20.] I 13. TOWNSHIP ELECTION NOTICE. [§ 25.] Notice is hereby given, that on Monday, the . . . day of , next, at , in township No , range > . . ., county. Illinois, an election will be held for .... school trustee . . . ., for said township. Which election will be opened at . . o'clock, . . M., and will continue open until . . o'clock, . . M., of the same day. By order of the trustees of schools of said township. , Township Treasurer. Dated .,,., 186... FORMS OF SCHOOL INSTRUMENTS. 309 14. POLL BOOK. [§ 30.] List of voters at an election held at , in township No , range No. county, Ilhnois, on Monday, the . . . day of . . . ., 18. . . State of Illinois, County. "We, , , , judges, and , clerk, do solemnly Bwear that we will perform the duties of judges and clerk, according to law and the best of our abilities; that we will studiously endeavor to prevent fraud, deceit and abuse in conducting; the same. |- ss. ■ Judges of Election. ., Clerk of Election. Subscribed and sworn to before me this . . . day of , 18. No. Names of Voters. 15. TALLY LIST. [§ 30.] Tally list of an election held at , in township No , range No , In the county of , 111., for school trustee for said township, on the day of 18... Names of persons voted for. Tallies. 16. RETURNS OF TOWNSHIP ELECTION. [§ 30.] At an election held at , in township No , range No , in the county of , Ills., on the day of , 18, ., the following persons re- ceived the number of votes set opposite to their respective names, for the office of Bchool trustee of said township : Names of persons voted for. Whole number of votes cast for each person. Certified by us, Attest, Clerk of Election. Judges of Election. 11. NOTE TO township TREASURER. [§ 57.] $ 18.. after date, for value received, we, jointly and severally, promise to pay to the board of trustees of schools of township , range in the county of , for the benefit of the inhabitants of said township, the Bum 310 FORMS OF SCHOOL INSTRUMENTS. of dollars, with interest thereon, at the rate of ... . per cent, per annum, from date until paid, payable semi-annually in advance. J^nd we further agree to give any additional security which said tiui^tees may at any lime require; and no ex- tension of tlie time of payment, with or without our knowledge, by the receipt of interest or otherwise, shall release us or either of us from the obligation of payment. [See No. 21, Schedule Stamp Duties.'] 18. SEMI-ANNUAL STATEMENT TO TRUSTEES. [§ 63.] As required by the 63d section of the amended school law of 1865, the under- signed, treasurer of township , range , county, herewith lays before the board of trustees of said township, a true and correct statement of the amount of mterest, rents, issues and profits that have accrued on the lands and funds of said township since the last semi-annual meeting, together with the present condition of said funds, and the amount now on hand, viz : Amount of interest on township fund, received $ " " rents on township lands, received " " state fund on hand " " interest on county fund on hand [Add other items as the ease may require.] Dated this day of , A. D. 18 . , . [Exem;pt.'\ ... Totvnship Treasurer. 19. CERTIFICATE OF TOWNSHIP MAP. [§ 33.] In compliance with the requirements of the 33d section of the amended school law of 18G5, the undersigned, president and clerk of the board of township trustees of schools, of township , range , in county, Illinois, do hereby certify that the accompanying map is a true and correct plat of the school districts in said township, as now organized. Dated this day of ., A. D. 18 . . , Clerk. , President of the hoard. [Exempt.^ 20. directors' bond for BORROWED MONET. [§ 4*7.] Know all men by these presents, that school district, Ko , in township No. . . . , range No , in county, state of Illinois, is indebted unto in the sum of dollars, for money borrowed, according to the instructions of the voters of said district, expressed by a vote as prescribed by the forty-seventh section of the school law of 1865. to be paid in .... year. . from date, with interest thereon from the date hereof, at the rate of ... . per cent, per annum, interest payable annually. Dated this day of , 18. . . In witness whereof, we, the school directors of said district have hereunto set our hands and seals. [seal.] [seal.] [Exempli [seal ] 21. DISTRICT election NOTICE. [§ 42.] Notice is hereby given, that on Monday, the .... day of 18. . ., an election will be held at , in school district No. . . . township , range . . . ., county of ........ and state of Illinois for the purpose of electing .... FORMS OF SCHOOL INSTRUMENTS. 311 school director. . for said district. The polls will be opened at o'clock . . . M., and closed at o'clock . M., of the same day. Dated this .... day of , 18 . . . . School Directors. [Notices of meetings to vote on various business questions may be in substantially the same form, except that such meetings are not jequired to be held on Monday, but may be held on any other day of the week. The various questions to be voted on should be clearly stated, and it is recommended that each question or proposition be voted upon separately. The poll book, tally list, and returns of district elections are Bubstantially the same as of township elections, forms for which have already been given.] 22. directors' tax certificate. [§ 44.] "We hereby certify, that we require the rate of to be levied, for school purposes, on all the taxable property of our district, for the year 18. . . ., and also that the following is a list of tax-payers in said district. ) Directors of District No ^T....,B , Counti/ of ' Dated 18 ... . . . . ., ) a}id state of Illinois. \_Exempt.'] [The foregoing certificate must be returned to the township treasurer on or before the first Monday of September, and to it there must be attached a list of the tax- payers of the district, with the names written out in full, and in alphabetical order.] 23. ORDER ON TOWNSHIP TREASURER. [§ Gt.] $ .... 18 ... The treasurer of township , range . . . ., in the county of . . , will pay to or order, out of any funds in his hands belonging to district No. . . . , township , range . . . ., in said county, and not otherwise appropriated, the sum of ........ dollars, [Here insert for what the money is paid.'\ , >• Directors of said district. [^Exempt.'] ) [It is safer to make the money payable to order instead of bearer. On receiving the money the payee will endorse his name on the order.] 24. PERMIT OP TRANSFER. [§ 35.] Consent is hereby given for and , etc., being residents of dis- trict No , township , range , county, and of lawful school age, to attend the free school taught in district No , township . . . ., range county, until the .... day of , A, D. 18 ... . Dated this, . .".day of , A. D. 18 Directors of Dist. No. . . \ Directors of Dist. No. . . T. . .JR. . .county of. . . , > T. . .R. . . county of. . . . and state of Illinois. ) and state of Illinois. [Exempt.} [The permit should first be signed by the directors of the district where the pupils reside, and then by the other directors — one form will thus answer for both.] S12 FORMS OF SCHOOL INSTRUMENTS. 25. CONTRACT BETWEEN TEACHER AND DIRECTORS. [§§ 48, 50, 52.] Article of agreement between , a school teacher, of county, Illinois, and the school directors of district No , township No , range No. . . . ., county of , Illinois. The said hereby agrees to teach the public school in said district for the term of weeks, commencing on the .... day of , 18 . . ., and that will faithfully instruct and impartially govern the children and youth who may attend the same ; that will refrain from all profanity and improper conduct while in their presence ; will institute no cruel or unusual punishment, and will promptly report to the directors aforesaid, or their successors in office, all scholars who may be guilty of refractory or incorrigibly bad conduct. The said further agrees that he will strictly conform to the rules and regulations established by said board of directors for said school, and will faithfully perform all the duties required of a teacher by the provisions of sections fifty, fifty- two and fifty-three of the school law. The said school directors as aforesaid, for themselves and their successors in office, in the name and in behalf of the district aforesaid, hereby agree to keep the ■ school-house in which said school is to be taught, in good repair, and to see that it is furnished with the necessary fuel and appendages for the comfort and convenience of the teacher and pupils, and to pay the said for services as teacher, the sum of dollars per month, of four weeks, of school days, of hours each: Provided, That in case the said should be dismissed from said school by the said directors, or their successors in office, for incompetency, cruelty, negligence, immorality, or a violation of any of the stipulations of this contract, or in case certificate should be revoked by the county superintendent, shall not be en- titled to compensation after such dismissal or revocation. In Ttstimony Whereof, We have hereunto subscribed our names this day of 18 , Teacher. y Directors. [Exempt^ ) 26. receipt for teachers' schedule. [§ 54.] School District No \ T R county of > 18 ) Received of A. B., teacher in the above named district, schedule of school taught by him, commencing on the day of A. D. 18 , and ending on the day of , A. D. 18 , on which schedule there is due said A. B.' the sum of dollars. CD.) E. F. >■ Directors. [Exempt} ' G. H. ) [By naming in the receipt the amount due on the schedule, the teacher is protected in case of the loss of the schedule.] 2V. certificate of union district. [§ 35.] We the undersigned, school directors of districts No , and No , in town- ship , range , in county, and state of Illinois, do hereby certify, that in pursuance of the authority vested in us by the 35lh section of the school law of 1865, we have this day united and consolidated the above named districts, and formed therefrom a new district, under the name and style of Union District No. , Township , range , of said county and State: And we do further certify, that in accordance with the authority aforesaid, we have appointed , , , as the first board of directors of said Union District: And that said , , , having been severally notified of their said ap- FOKMS OF SCHOOL INSTRUMENTS. 313 poiatment, and having duly accepted the same, the separate boards of directors of dia- tricis No and Xo aforesaid, are hereby declared dissolved. Given under our hands this day of , A. D. 18 . t,- j f ) Directors of Diredorsof [ District No \ ^^^^''^^^ ^°-- ) T. , R ) ^ ' ^^ [Exempt.'] 28. CERTIFIOATE OP PURCHASE. [§ 92.] Knov7 all men that T , county superintendent of schools for the county of have this day sold to of the county of ana state of Illinois, the foUowing described school lands: in consideration' of '.'.'.".'.*.'.".".*.".'.' dollars to me paid, and of a note (here describe it,) •, • •, /, ' 'c '.{' in conformity with the provisions of the school law, and that upon the payment ot the aforesaid note, (or notes,) and the surrender of this certiticate, tlie said purchaser, or hia assigns, will be entitled to a patent from the state for said lands. Given under my hand at this day of ..... . A. IX, 18 . . •' County Superintendent of Schools. [Exempt.] stamp Duties on Scliool Instrnmeiits. A NEW internal revenue law was passed by Congress, July 18, 1866, and took effect August 1, 1866. By that act all official instruments, documents and papers issued by the officers of any state, county, town or municipal corporation, in the exercise of functions strictly belonging to them in their ordinary governmental and municipal capacity, are exempted from taxation. By the act of March 2, 1867, amendatory of the above men- tioned act, all affidavits are exempted from stamp taxes. For the information and guidance of school officers, teachers, and all others concerned, I have prepared the subjoined schedule of the various instruments pertaining to the common school system of Illinois, showing the liability of each instrument under the late acts of congress. The instruments are numbered, consecutively, for convenience of reference, and the designation of each one is followed by the section of the school law (in brackets) requiring it. It is believed that the schedule embraces all instruments re- quired by the common school laws now in force in this state. It is prepared in accordance with instructions and interpretations of the acts of congress received from the Commissioner of Internal Revenue, and on file in this office. STAMP DUTIES ON SCHOOL INSTRUMENTS. 315 SCHEDULE OF STAMP DUTIES. School instruments are subject to, or exempt from, stamp taxes as follows, viz : 1. Bonflof County Superintendent, (§12,) One Dollar. 2. Bond of Township Treasurer, (§55.) One Dollar. 3. Receipt of Township Treasurer, (§15,) Exempt. 4. Cortittcate of County Superintendent, in appeals, (§ 20,) Exempt. B. Conveyance to purchasers of school lands, (§ 22,) Exempt. 6. Poll Book and cerlificate of election, (g§ 20, 42,) Exempt. 1. Certificate of township map, (§ 33,) Exempt. 8. Written consent of directors to transfer pupils, (§ 35) Exempt. 9. Conveyance of school-house sites, (§ 39), Exempt. 10. Directors' certificate of rate tax, (§ 44,) Exempt. 11. Tax certificate of county clerk, (§ 45,) Exempt. 12. Tax receipt of township treasurer, (§ 45,) Exempt. 13. Bonds of school directors for money borrowed, (§ 47,) Exempt. 14. Teacher's certificate issued by County Superintendent, (§ 50,) . . . Exempt. 15. Renewal of teacher's certificate by County Superintendent, (§ 50.) . Exempt. 16. State certificate issued by State Superintendent, (§ 50,) Exempt. 17. Teacher's certificate on "schedule, (§ 53.) Eive Cents. 18. Directors' certificate on schedule, (^ 53,) Exempt. 19. Receipt of Directors for schedules delivered to them, (§ 54,) . . . Exempt. 20. Mortgages taken by township treasurer as } ^ ^ ^^^ ^^ „ mortgage. security for money loaned, (§ 58,) . . ) ■' ^ ■> 21. Notes, bonds etc, taken as security for money ) ^^.^^^ ^^ . ^^^^^^^^ ^_ loaned, (§ 57,) ) •' ^ 22. Certified statement of Township Treasurer, (§ 63,) Exempt. 23. Orders of School Directors on township treasurer, (§ 67,) .... Exempt. 24. Receipt of person to whom ) y,^^ ^^^^ ^^^ ^.^^^.^^^ ^^^^^^^ ^^^^^^ ^^^^^^^^ paid, (§ 07,) . . . . j ' 25. Certificate and jurat of County Superintendents to their accounts for ) Exemvt services rendered, ) 26. Report and jurat of clerks of courts of record and justices of the ) Exemvt peace, (§ 82,) J 27. Petition and affidavit for the sale of common school lands, (§ 83.) . . Exempt 28. County Superintendent's certificate of purchase of school lands, (§ 92,) Exempt. 29. County Superintendent's transcript of sale, (§ 94,) Exempt. i Exempt when signed by the proper officers. When signed only by private individuals it is subject as a lease. 31. Written agreement or contract to build or repair school-houses, . Same as No. 30. C Exempt when the treasxirer is 32. Checks by township treasurer on banks, to pay required by kiiv or regulation to orders on Township Treasurer, drawn by Board ^j deposit his funds; but when such of Directors, [deposit is made as a matter of fer- y sona I convenien ceth ey are subject. 33. Agreement or contract between teachers and Boards of Directors to teach. Exempt. 34. Census reports of Township Trustees to County Superintendent as ) j^xemvt basis of distribution of public funds, (§ 36, J ) -^ ' 35. Certified statistical report of Directors to Township Treasurer, [ ExemvL (§ 2, Amend,) ) ^ 36. Receipt of Township Treasurer to County Supe^'intendent for dis- ) Exemvt tributive share of school fund paid over, (§ 16,) ) ^ CALENDAR OF SCHOOL ELECTIONS AND DUTIES. 1. State Superintendent of Public Instruction— Tuesday after first Monday of No- vember, A. D. 1866, and quadrennially thereafter. 2. County Superintendents of Schools— Tuesday after first Monday in November 1865, and quadrennially tliereafier. 3. Trustees of Schools— One annually, on first Monday in October. 4. School Directors— One annually, on first Monday of August. 5. Report of State Superintendent to Governor — December 15, biennially. 6. Coimty Superintendent's Report to State Superintendent— Second. Monday of No- vember, annually. 1. Regular Meetings of Trmtees—Ywst Mondays of April and October. 8. Report of Trustees to County Superintendent — Second Monday of October, annu- ally. 9. Report of Directors to Township Treasurer — First Monday of October, annually. 10. Return of Directors^ Tax Certificate to Township Treasurer — First Monday of September, annually. 11. Return of same hy Township Treasurer to Clerk of County Court — Second Mon- day of September, annually. 12. Payment of District Tax Funds hy Collector to Township Treasurer — First of April, annually. 13. Delivery of Schedules to Directors — As soon as completed. 14. Return of Schedules to Toionship Treasurer hy Directors — On or before the Sat- urday preceding the first Monday in April and October. 15. Statement of Township Treasurer to Board of Trustees — First Mondays of April and October. 16. Settlement of Township Treasurers ivith Boards of Directors — First Mondays of April and October. IT. Payment of Auditor's Warrant hy Collector — On or before the first day of March, annually. 18. Reports of Clerks of Courts of Records and Justices of the Peace, to County Su- perintendents — On or before the first of March, annually. 19. School Year — Commences October 1 ; ends September 30. 20. New School Law took eflect February 1 6, 1865. 21'. Latest amendment, in force February 28, 1867. Index to School Law. Accounts of Treasurer, how to be kept, 24 Acts, tliis act not to repeal special acts, - 33 What repealed by thi.« act, - 39-40 Amending School Law, - - 40 Apportionment, how made, - - 5 tii'w made iii tbnning new districts, - 10 Attachment, in u liat cjises, may issue, - 19 Auction, lands may be sold at. by trustees, 14 Auditorof Public Accounts, his duties, 30 Shall malie dividendsof school funds, 30 Shall issue warrants for same, - 30 Boards of Directors, when to be dis- solved. - - - - - 12 Bonds, of state superintendent, - - 1 Of county superintendents, - - 3 Directors may issue for borrowed money, - - - - 18 Of township treasurer, - - - 23 Certificates, of board of directors, - 16 Of county superintendent, - - 19 Grades of, - - - - 19 Of teachers, - - - - 22 Of directors to schedules, - - 22 Of purchase to be given, - - 38 Change of name of school commissioner, 33 Circulars, to be issued by superintendent, 2 Clerk, of board of trustees, how ap- pointed, - - - - 10 Of board of directors to sign bonds, - 18 County, to make computation^of taxes, 16 Shall deliver certificate to treasurer, - 17 How to proceed where a district is in two townships, - - - 17 Clerks of courts of record to report to. county superintendent, - - 35 Penalty for failure to do so, - - 35 Collector, to pay over taxes to township tieasurer, - - - - 17 To pay over taxes on warrant of audi- tor - 30 Compensation of, - - - 30 Compensation, of superintendent, - 3 Of collectors, - - - - 30 Of county superintendents, - - 30 Of township treasurers, - - - 31 Of county treasurers, - - - 31 Consolidation ot two or more districts - 11 Conveyances of school sites, how exe- cuted. - - - - - 13 To trustees, how to be made, - - 13 Costs, none to be charged against school officers, in certain cases, - - 33 Of suits for trespassing on school lands, 35 County Superintendents successors to school commissioners, - - 4 To examine treasurer's bond, - - 5 To loan county funds, - - - 6 Not to pay funds till treasurer's bond is filed, - - - - - 5 Liable to removal for failure to report, 6 To visit every school once a year, - 6 To form teachers' institutes, - - 6 To hold meetings quarterly, - - 20 PAGE, County Superintendents, not to charge fee lur ceititicates, - - - 2( To receipt for fines, etc., - - 35 To bring suits against clerks and jus- tices of the peace, - - - 3£ Courts, county, iriay remove county su- periniendents, - - - - i May require new bond from county superintendent. - - - i Damages against collector, Un 1)1 each of mortgage, - Debts, due to schools, to be first paid, Directors, school or district: Jjuty of, to transfer pupils, 'i"o draw orders for money. To have control of school-houses, etc., Election of, - _ _ _ Shall not he trustees, - - - Shall not be interested in contracts, - May levy a tax for school purposes, - Shall determine what, rate per cent, shall be levied, _ _ _ Certificate, . . . _ To return certificate to township treas- urer, ----- Shall inform collector to what treasur- er to pay over taxes, - - - What sum may be borrowed by, What sum may be levied by, - To be a body corporate, etc., - May purchase libraries, Shall establish schools, erect houses, etc., . - - . _ May locate school-house site, - Must have six months' school or more. To receive pupils between 6 and 21 years, - . - - - Sliall visit schools, - - _ (Shall appointteachers, - May disini^s them, . - _ Liable for balance due teachers. When execution may issue against, - Shall examine and certify toschedules, Sliall file schedule with treasurer. To receipt for schedules. Liable for loss of schedule. Exempt from working on roads, Liabilities of, - Of union schools, how appointed. Distribution, how made in new districts, (Jf taxe.-, to counties, - - - Districts, school may be formed from two or more townsliips. Pupils, mxy i.e transferred from. In case ts of directors for schedules, Remarks in respect to. Reciprocal action of officers, - Registry law and school elections, Reinstatement of teachers, Rejection of votes at elections. - Religious observances, in school, Discussion of piHKMples, - ^=' Legal provisions concerning, 288 Removal of township treasurer, 157, Renewal of certificates, - - - Of notes, - - - - - Duty of treasurer to require, - Prepayment of interest, not sufficient. Of treasurer's bond, - - - Must be before funds are paid. Rent of school-houses, - - - Repeal of former pr(/visions, Reports of boards of directors, - Ot County superintendents, - Of districts, in certain cases, - Of justices and clerks, - Of private BOhools, . - - . 259 - 236 192, 235 . 262 - 259 - 156 - 230 - 182 - 182 - 271 . 274 - 274 . 274 - 198 . 198 . 271 - 201 - 157 - 157 157, 201 284 210 104 104 229 265 121 265 -301 301 -295 189 120 183 183 183 170 170 198 114 115 125 188 135 189 326 INDEX TO COMMON SCHOOL DECISIONS. PAGE. Reports, township treasurers to make, - 180 Requirements, for certificates, - 93, 95 For first grade, - - - - 93 For second grade, - - - 95 In respect to character, - - - 97 Residence, of pupils, - - - 259 How determined, - - - - iJ59 What shall constitute, - - -260 Of school officers, - - - 2S1 Questions concerning, - - -198 For teachers, purchase of, - - 230 Resignation, of directors, - - - 199 Of teachers, principles governing, - 2i5 Of trustees, how made, - - - 161 Persistent neglect, equivalent to, - 151 Retiring officers, liabilities of, - - 2S3 Returned, soldiers may attend school free, ... - H4, 252 Return of tax certificates, - - - 232 Channel of, not essential, - -233 Revenue laws and school instruments, 314 Revocation of certificates, - 120, 236 Etfect ot; - - - - - 236 Riglits, of action, in certain eases, - 227 Of choice in studies, . - - 261 Of taxation to pay schedules, - - 210 Of property, how protected, - - 50 Road labor and township treasurers, - 190 Road taxes and school officers, - - 286 Rules, and regulations, - - 207, 237 Directors to make, ... 1^37 May be strictly enforced, - - 207 For computatioa of interest, - - 187 Sale, of school lands, ... 125 Commissions on, - - - - 126 Expenses of, how paid, - - - 125 Of school property, - - - 196 Of school section in full township, - 282 Schedvtles, of teachers, - - - 235 Assignment of, - - - - 243 But one apportionment on, - - 154 Cannot be changed by trustees, - 148 Cannot be destroyed, - - - 181 Certificate to, under new law, - - 116 Consolidation of, - - - - 233 Directors to receipt for, - - - 197 False certificates to, - - - 228 Forfeited, may he paid, when, - - 162 Forfeiture of, - - - - 158 Fraudulent, to be rejected, - - 179 Must be filed and preserved, - - 181 Must be filed in season, - - - 154 Object of, 210 Old, how preserved, - - - 182 Reaching back more than six months, 204 Separate, liabilities of directors, - 231 Separate, must be paid, - - - 233 Separate, rule of payment, 76, 179, 192 Special taxes may be paid on, - - 162 Teachers must keep, - - - 135 To be paid by taxation, - - - 210 Trustees to be governed by, - - 148 Unpaid, are preferred claims, - - 106 Unpaid, to draw interest, - - 105 When left incomplete, - - - 219 Schedule of stamp duties, - - 315 Scliolars must be accommodated, - 85 School, controversies, - - -125 County superintendent to decide, - 125 How adjusted, - - - -125 Debts, priority of, ... 281 Elections, calendar of, - - - 302 Funds, (see Funds,) Houses, building of, - - - 196 Designed for school purposes only, - 209 Exceptional cases, religious meetings, 209 Must be enough, - - - - 85 Must be properly furnished, - - 85 Must be suitable, - - - 85 Rent or lease of, - ■ ■ - 198 Should be insured, - - - 2ii0 PASE. School, use of, .... 209 When there are two in district, - 219 Instruments, forms of, - - - 303 Stamp duties on, ... 314 Lands, sale of, - - - - 125 Must be sold by auction, - - 152 Purchaser of, may be treasurer, - 182 Month and day, - - - 186, 239 Officers, and road taxes, - - - 286 Liabilities of, - - - - 283 Teachers are not, .... 238 Township treasurers are, - - 190 Prizes, not recommended, - - 232 Property, division of, - - 73, 162 Equity of new law in relation to, - 73 Exemption from taxation, - - 226 Mode of appraisal of, - - - 7i Must be divided promptly, - - 74 No division without new district, - 73 Sale of, 196 Sold by trustees, - - - 151, 196 Title to, 150 When to be divided, - - 73,192 Section, sale of, in certain cases, - 282 Site, directors to locate, when, • 197, 227 District should own, - - - 212 Supervision, necessity of, - - 60 Value of, 60 Visitation, benefits of, - - - 62 How conducted, - - - - 62 By county superintendents, - - 121 Schools, continuance of, - - - 208 Duties of boards of, - - - 283 English, only, authorized by law, 98, 285 Foreign languages in public, - - 284 In cities and towns, ... 282 Number of in district, ... 208 Of teachers without certificates, - 234 Private, in public school-houses, - 220 Private, reports of, - - - 189 Tax funds not to go to, when, - -234 Section, eighty-two, reports under, - 135 Forty-five, last line, - - -221 Thirty-three and thirty-five, - - 193 Sale of in whole township, - - 282 Security, for school money loaned, - 132 Destructible properly as, - - 132 Separate Schedules, - - 179, 192 Amount due on, how calculated, - 179 Attendance, basis of, - - - 179 How computed, - - - 179, 192 Liability of directors respecting, - 231 Must be paid, - - - - 233 Rule of payment, - - - 76 Signatures of two directors sufficient, 213 Site, directors to choose, when, - - 227 Directors to build on old, when, - 273 Six hours to constitute a day. - - 111 Six months, rule, how construed, - 148 To be enforced, - - - - 186 School, tax for, - - - - 221 Six years the minimun age, - - S3 Soldiers entitled to free attendance, - 114 Special acts, effect of on districts, - 214 District taxes, .... 151 Not in control of trustees, - -151 Stamp duties on school instruments, - 314 Schedule of, - - - - 315 State certificates, how granted, - - 98 State Superintendent, - - 47, 286 Term of office of, - - - - 47 To hold four years, - - - 47 Benefits of extension of term, - 48 Has no judicial authority, - -286 Will not act. in certain cases, - - 287 Studies, right of choice in, - - 261 Style and^name of districts, - . - 226 Subscription papers, valid, - - 241 Substitutes, employment of, - -240 Successors, bound by contracts, - - 205 Suit, against directors, - - . 236 Cost of, how paid, . - - 281 INDEX TO COMMON SCHOOL DECISIONS. 327 PAGE. Suit, for teachers' wages, - . - 20.3 Kight of, not lost, when, - - 183 To recover interest or principal, - 187 Superiority of large districts, - - 71 Supervisors, relations to siipts., - - 122 Supreme court, respecting interest, - 187 Surplus district funds, - - -143 Suspension of pupils, . - -236 Swamp laud funds, - - - 144 , 181, 81 Tax, certificate, of directors, L)uty of treasurer respectin New rule relative to, - - - To be tiled with treasurer, When filed by directors. Collected from colored persons, Delinquent district, - . . Delinquent railroad, . _ . District, alienation of, - District, to be uniform, For building purposes, . - - For six months' school. Funds, district, use of, Payers, list of, - - . . Rate of, unlimited, when. Road, and school officers. Special district, - - - - Stamp, on school instruments, To be refunded, when, - - . To pay schedules, - . . Teachers, amenable to directors, Are not school officers. Are entitled to interest, 105, 177 Are protected by contracts, Assignment of schedules by, - Assistant, to have certificates, - Cannot be directors, - - _ Cannot be required to make fires. Cannot receive tax funds, when, Cannot resign at will, - - . Certificates of, - . . - Decisions relating to, - . - Dismissal of, - - - . Dismissal, redress for, - - - Double employment of, Duty of, to enforce obedience. Essential to payment of, what, Examination of, Having no certificates, - Holidays of, what are, - May infhct corporal punishment. Must have certificates, - Must keep schedules, - Mot to admit pupils under age. Not to employ substitutes. Of subscription schools. One order sufficient for, Re-instatement of, Renewal of certificates of. Residences, purchase of. Revocation of certificates of, - Rights of, to be protected. School month and day of. Should make written contracts. Suits of, against directors; Suspension of pupils by, To see that pupils have permits. To make rules and regulations. Whose certificates expire during term, - - - - Whose certificates are revoked. Tenure ff notes and mortgages, - The Bible in School, - Full discussion of subject, Laws of the state in respect to. Third grade certificate, whj' abolished. Title to school property, in whom vested. Tobacco in school. - - - - Townsliips. districts partly in different. Divided by county lines. Duties of superintendent relative to, Election of trustees in, - 119, - 203, 121, 287- 295- 288- PAGE. - 170 - 214 - 144 - 139 - 139 - 1.39 - 180 Township treasurers, action on bond of ^ 90 ToTrnships, funds and papers of, Funds of, cannot be alienated. Funds of, when in two counties. Having no sixteenth section, - Sales of school lands of, Who should sell lands of, Reports of, treasurers to make. Are school officers, - - - 190 Bond of, examination of, • '- 118 Bond of, to be renewed, - - 169 But one bond required from, - - 189 Cannot be released from liability, - 174 Cannot borrow township funds, why. - 172 Clerical services of, - 111, 159, 178 Commissions of, how computed, HI, 185 Custodian of all funds, - 151, 170 Decisions concerning, - - - 169 Duty of, in case of overpayment, - 185 Duty of, in case of union districts, - 179 Duty ot. in respect to tax certificate, 81, 181 Entitled to pay for clerical services, - HI Exempt from road labor, - - 190 Form of bond, change in, - - 169 Liable for loss of fuiids, - - 174 Liable for refusal to pay, - - 176 May be removed by trustees, - 157, 189 May institute suit, when, - -176 May loan funds to school directors, - 171 Must change map of township. - 179 Blust deliver certificates to clerk, - 181 Must deliver funds to successor, - 182 Must distribute interest, - - 175 Must file and keep schedules, 81, 181 JIust keep funds at interest, - -171 Must pay interest to teachers, - 177 Must pay order of directors, - -175 Must recognize certificate, - -180 Must settle with directors, - 108, 178 Payment of, as clerks, - 111, 150, 178 Penalty for failure to turn over funds, 182 Penalty for not reporting, - - 79 Release nf securities on bond of, - 153 Statement of, to be certified, - - 178 Tax certificate to be filed with, - 81 To call for funds, - . - 189 To demand and keep funds, - - 170 To file permits of transfer, - -179 To furnish written statement, - 108,178 To inspect district records, - -181 To loan funds, - - - - log To loan funds, rate of interest. - 171 To loan funds received for lands, - 174 To make no distinction in funds, - 175 To merge funds, - - - 175 To order election of directors, when, 80, 180 To pay only on proper orders, - 176 To pay schedules, when, - - 116 To prepare report, ... iso To report semi-annually, - -180 To withhold funds, when, - . 185 Who inay be, - - - . 132 Township trustees, ability and fidelity required of, - - - - 68 And directors, action reciprocal, - 229 Apportionment by, - . - 143 Board of, to be kept full, - - 67 Cannot borrow township funds, - 145 Cannot control special district taxes, 151 Cannot release securities, - -153 Cannot take funds from treasurer, - 152 Concurrence of, required when, 72, 147 Consequences of neglect to file map, 165 County supt. to order election, - 67 Decisions concerning, - . 143 Deeds to be made to, - . . 219 Discussion of duties of. - - - 163 Dist. boundaries, changed of by, when, 147 Election not invalidated, wheti, - 156 Failure to organize in ten days, - 156 Formation of districts by, - - 147 Liable to mandamus, - - - 167 328 INDEX TO COMMON SCHOOL DECISIONS. Township trustees, liable for loss of funds, 152 Liable for neglect of duty, - - 158 Liable for jelease of securities, - 153 Liability of in certain cases, - - 162 May be elected directors, - -217 May change district boundaries, - 147 May dissolve union districts, - - 229 May purchase books for districts, - 156 May re-sell forfeited lands, - - 149 May remove treasurer, - - - 157 May teach in township, - - -154 Must divide property, . - - 162 Must file map, - - - - 163 Must pay over funds, - - -151 Not to loan funds, - - - 157 One to be elected annually, - - 66 Powers of enlarged, - - - 70 Stated and special meetings of, - 68 Tenure of piesident of, - - - 67 Term of office of ... 65 Title to school properly vested in, - 150 To concur in formation of districts, - 1-17 To draw lots, how, - - - 65 To hold three years, - - - 65 To organize in ten days, - - 156 To sell Iwnds by auction, - - 152 To sell school property, - - - 151 Two constitute a quorum, - -157 Vacancies, how filled, - - - 66 "When but two are present, - - 65 Who should be president and clerk, - 68 Transfer of pupils permits of, - 192,235 Treasurer. (See Township Treasurer.) Trustees. (See Township Trustees.) Two directors may act, ... 213 Two scliool-liouses in district, - - 219 I'owers of directors relative to, - 219 Uniform, district taxes to be, - - 211 Union districts, certificate of formation, 77 Directors of, to draw lots, - - 78 PAOH. Union districts.discussionof subject of, 193 How formed, - - - 77, 193 May be formed at any time, - - 78 May be formed by directors, - 77, 193 New law in relation to, - - - 77 Trustees may dissolve, - - - 229 Unity of the school fund, - - - 286 Unorganized districts, pupils from, - 225 Unpaid schedules, are preferred claims, 106 To draw intei-est, - - - - 105 Use, of district tax funds, - - - 209 Of schedules, - - - - 210 Of school-houses, - - - 209 For religious purposes, when, - - 209 In another district, when allowable, - 222 Visitation of schools, by supts., - - 121 "Voters in specially incorporated districts, 278 Vote, to build, and school site, - -276 Effect of, 273 May be taken before site is chosen, - 276 Governed by terms of call, - - 276 To extend terms of school, - - 278 ■Warrantee deed, district should have, 212 What fines, etc.. go to school fund, - 127 When disti-ict ha?- more than one house, 219 Is abolished during term, - - 2r2 Is divided during term. - - - 159 Is divided pending collection of tax, 215 When pupils may be excluded. - - 260 When purchaser borrows his bid, - 129 When scliedule is left incomplete, - 219 When school-house is too small, - 224 Where owners i>t' land will not sell, - 230 Who are elijrihle to public schools, - 259 Who inay sell and convey, - - 151 Why children under five should not be admitted, - - - - 83 Witnesses, directors may be, - -210 Written contracts, teachers sh'ld make, 237