■•*_/ ^ ?5 ^Vl^-^ V u^^v THE PUBLIC SCHOOL LAW OF NORTH CAROLINA BEING A PART OF CHAPTER 89, REVISAL OF 1905, AS AMENDED BY THE GENERAL ASSEMBLY OF 1907, 1909, 1911 AND 1913 TOGETHER WITH EXPLANATORY NOTES AND DECISIONS OF THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION BALEIQH ISSUED I'HOM OFFICE OF SUPBBINTBNDENT OF PUBLIC INSTBUOTION 1913 THE PUBLIC SCHOOL LAW OF NORTH CAROLINA BEING A PART OF CHAPTER 89, REVISAL 1905, AS AMENDED BY THE GENERAL ASSEMBLY OF 1907. 1909, 1911 AND 1913 RALEIGH ISSUED FKOM OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 1913 D. OF D. AUG 12 1913 TABLE OF CONTENTS Prefatory Note. Education in Oue Constitution. New School Legislation, 1913. Six-months School Term Law. Compulsory Attendance Law. Omnibus Bill and Explanations. Alliance Union Farm School Law. Child Labor Law. Guilford County Farm Life School Law. Women on School Boards. The Public School Law. I. Application of Chapter, Section 4029. II. The State Board of Education, Sections 4030-4035. III. Loans for Building Schoolhouses, Sections 4053-4056. IV. The School System and Course of Study, Sections 4085- V. The General Powers and Duties of the State Superin- tendent, Sections 4089-4092. VI. School Funds Provided by the State, Sections 4093-4106. VII. School Funds Provided by County and Local Taxation and Apportionment of Same, Sections 4107-4118. VIII. The Powers and Duties of the County Board of Educa- tion, Sections 4119-4134. IX. The Powers and Duties of the County Superintendent, Sections 4135-4144. X. The Powers and Duties of School Committee, Sections 4145-4151. XI. The Treasurer of the School Fund, Sections 4152-4160. XII. Privileges and Duties of Teachers, Sections 4161-4167. XIII. Rural Libraries, Sections 4172-4179. XIV. Separate Schools for Indians of Robeson County, Sections 4168-4171. Text-book Law, Sections 4057-4084. Public High School Law. Deaf Children Must Attend. Scientific Temperance Instruction. Health Law. County Farm-life Schools. Special County Taxation for Schools. Constructions of the Public School Law. Index to the Public School Law. PREFATORY NOTE This compilation of the Public School Laws of North Carolina is issued in this form, in accordance with section 4089 of The Revisal of 1905. The amendments made to the School Law by the General As- sembly of 1913 are printed in italics in the amended sections. This compilation also contains the legislation of 1907 relative to high schools, attendance of deaf children, and scientific temper- ance instruction; the amendments of 1909, the amendments and the new school legislation of 1911 relative to County Farm-life Schools and special county taxation for schools; and also the amendments (in italics) and the new school legislation of 1913. The notes, decisions and other matter, it is hoped, will be found convenient and useful. A careful reading of the law by all school officers and teachers will prevent many mistakes and much burdensome correspondence and delay. J. Y. Joyner, Superintendent of Public Instruction. Raleigh, March, 1913. EDUCATION IN OUR CONSTITUTION Article IX of the Constitution of North Carolina relates to edu- cation. It reads as follows: Section 1. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. Sec. 2. The General Assembly, at its first session under this Constitution, shall provide by taxation and otherwise for a general and uniform system of public schools, wherein tuition shall be free of charge to all the children of the State between the ages of six and twenty-one years. And the children of the white race and the children of the colored race shall be taught in separate public schools; but there shall be no discrimination in favor of or to the prejudice of either race. Sec. 3. Each county of the State shall be divided into a conven- ient number of districts, in which one or more public schools shall be maintained at least four months in every year; and if the com- missioners of any county shall fail to comply with the aforesaid requirements of this section they shall be liable to indictment. Sec. 4. The proceeds of all lands that have been or hereafter may be granted by the United States to this State and not other- wise appropriated by this State or the United States, also all money, stocks, bonds and other property now belonging to any State fund for purposes of education, also the net proceeds of all sales of the swamp lands belonging to the State, and all other grants, gifts or devises that have been or hereafter may be made to the State and not otherwise appropriated by the State or by the terms of the grant, gift or devise, shall be paid into the State Treasury, and, together with so much of the ordinary revenue of the State as may be by law set apart for that purpose, shall be faithfully appropriated for establishing and maintaining in this State a system of free public schools, and for no other uses or pur- poses whatsoever. Sec. 5. All moneys, stocks, bonds, and other property belonging to a county school fund, also the net proceeds from the sale of estrays, also the clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal or military laws of the State, and all moneys which shall be paid by persons as an equivalent for xemption from military duty shall belong to and remain in the several counties and shall be faithfully appropriated for establishing and maintaining free public schools in the several counties in this State: Provided, that the amount collected in each county shall be annually re- ported to the Superintendent of Public Instruction. Sec. 6. The General Assembly shall have power to provide for 6 the election of trustees of the University of North Carolina, in whom, when chosen, shall be vested all the privileges, rights, fran- chises and endowments thereof in any wise granted to or con- ferred upon the trustees of said University; and the General As- sembly may make such provisions, laws and regulations from time to time as may be necessary and expedient for the maintenance and management of said University. Sec. 7. The General Assembly shall provide that the benefits of the University, as far as practicable, be extended to the youth of the State free of expense for tuition; also that all the property which has heretofore accrued to the State or shall hereafter accrue from escheats, unclaimed dividends or distributive shares of the estates of deceased persons shall be appropriated to the use of the University. Sec. 8. The Governor, Lieutenant-Governor, Secretary of State, Treasurer, Auditor, Superintendent of Public Instruction, and Attorney-General shall constitute a State Board of Education. Sec. 9. The Governor shall be president and the Superintendent of Public Instruction shall be secretary of the Board of Education. Sec. 10. The Board of Education shall succeed to all the powers and trusts of the president and directors of the literary fund of North Carolina, and shall have full power to legislate and make all needful rules and regulations in relation to free public schools and the educational fund of the State; but all acts, rules and regulations of said board may be altered, amended or repealed by the General Assembly, and when so altered, amended or repealed they shall not be reenacted by the board. Sec. 11. The first session of the Board of Education shall be held at the capital of the State within fifteen days after the organization of the State Government under this Constitution; the time of future meetings may be determined by the board. Sec. 12. A majority of the board shall constitute a quorum for the transaction of business. Sec. 13. The contingent expenses of the board shall be provided by the General Assembly. Sec. 14. As soon as practicable after the adoption of this Con- stitution the General Assembly shall establish and maintain in connection with the University a department of agriculture, of mechanics, of mining and of normal instruction. Sec. 15. The General Assembly is hereby empowered to enact that every child of sufficient mental and physical ability shall attend the public schools during the period between the ages of six and eighteen years for a term of not less than sixteen months, unless educated by other means. Section 27: The people have the right to the privilege of edu- cation, and it is the duty of the State to guard and maintain that right. — Bill of Rights, North Carolina Constitution. EDUCATIONAL QUALIFICATION FOR SUFFRAGE. Article VI, section 4, of the Constitution of North Carolina con- tains the following: Every person presenting himself for registration shall be able to read and write any section of the Constitution in the English language; and before he shall be entitled to vote he shall have paid, on or before the first day of May of the year in which he proposes to vote, his poll tax for the previous year, as prescribed by Article V, section 1, of the Constitution. But no male person who was on January 1, 1867, or at any time prior thereto, entitled to vote under the laws of any State in the United States wherein he then resided, and no lineal descendant of any such person, shall be denied the right to register and vote at any election in this State by reason of his failure to possess the educational qualifica- tions herein prescribed: Provided, he shall have registered in accordance with the terms of this section prior to December 1, 1908. NEW SCHOOL LEGISLATION, 1913 SIX MONTHS SCHOOL LAW AN ACT TO PROVIDE FOR A SIX MONTHS SCHOOL TERM IN EVERY PUBLIC SCHOOL DISTRICT OF THE STATE. The General Assembly of North Carolina do enact: PER CAPITA STATE APPROPRIATION OF TWO HUNDRED AND FIFTY THOUSAND DOLLARS. Section 1. That two hundred and fifty thousand dollars be, and the same is, hereby appropriated annually out of the state treas- ury for the benefit of the public schools, to be apportioned by the State Board of Education to the respective counties of the State per capita as to school population on the first Monday in January of each year, using the school census of the preceding scholastic year as the basis of apportionment: Provided, that the State Board of Education shall annually deduct from said appropriation, before the apportionment thereof, the sum of one thousand five hundred dollars to be used in part payment of the salary and expenses of the Superintendent of the State Colored Normal Schools and inspector and director of the county teachers' insti- tutes and of the teacher-training work of the State, and shall also deduct therefrom biennially in advance seven thousand five hun- dred dollars to be used for the establishment of rural libraries as provided in section four thousand one hundred and seventy- nine of The Revisal of one thousand nine hundred and five of North Carolina. WARRANTS, HOW ISSUED. Sec. 2. Upon requisition of the Superintendent of Public In- struction, the State Auditor shall issue his warrant upon the State Treasurer for the amount due each county, payable to the county treasurer, to be credited to the general public school fund of said county. STATE EQUALIZING SCHOOL FUND CREATED. Sec 3. There shall be set aside annually five cents of the annual ad valorem tax levied and collected for State purposes on every one hundred dollars value of real and personal property in this State, and the funds annually arising from said tax shall be held by the State Treasurer as a fund separate and apart from all other funds for State purposes, and shall be known as "The State Equalizing School Fund," and shall be used, as hereinafter di- rected, to provide a six months school term in every school dis- trict in the State, or as nearly a six months term as said funds will provide. 9 APPROPRIATION OF EQUALIZING FTTNI) METHOD AND CONDITIONS. Sec. 4. On or before the first Monday in December of each and every year the county board of education of each and every county entitled to aid from this fund shall submit to the State Board of Education, on blanks furnished for that purpose by the State Superintendent of Public Instruction, a sworn itemized statement by districts, showing the number of teachers employed in each district, the grade or class and the salary of each teacher, and such other information as may be required. Said statement shall further show under oath that provision has been made as re- quired by law for a four months school term in each district of said county, the rate of special tax levied therefor and the aggre- gate fund derived or to be derived therefrom. On or before the first Monday in February of each year the State Treasurer shall certify to the State Board of Education the amount of said state equalizing school fund derived and to be derived from said five cents property tax levied and set aside from the State tax levy on every one hundred dollars value of real and personal property in the State during the school year ending June thirtieth there- after, and the State Board of Education shall apportion said fund among all the counties of the State that have complied with all the requirements of the law for providing a school term of four months in every school district, so as to equalize the school terms in said counties and bring the term in each legal school district in each of said counties to an equal length, bringing all terms in all districts to a minimum of six months, or as near thereto as the funds provided for this purpose render possible. The State Board of Education, however, shall apportion this fund only for the salaries of the teachers employed, and no part of said fund shall be apportioned or used for any other purpose than for the payment of the salaries of the said teachers for the period designated by the State Board of Education in the apportionment to each county. The salaries apportioned from said fund for teachers shall not exceed forty dollars per month for first grade, thirty dollars per month for second grade, and twenty dollars per month for third grade. Any balance of said fund that may remain after equalizing terms to six months as herein provided shall be apportioned among all the counties of the State per capita as to school popu- lation. IN APPROPRIATION OF EQUALIZING FUND, NO ACCOUNT TO BE TAKEN OF LOCAL TAX JFUNDS. Sec. 5. In the apportionment of the county school fund and in the apportionment of funds under this act to school districts levy- ing a special tax for their schools no account shall be taken of the funds derived from said special tax, and the authorities legally empowered to levy such special tax in such school districts are hereby authorized, upon recommendation of the school committee or board of trustees of said school districts, to reduce the rate 10 of the annual special tax levy therein proportionately to the in- crease of the funds of said district from the increased apportion- ment from the county and state funds and to the needs of the district: Provided, however, that the school term in said district shall not be reduced by said decrease in the special tax more than it is lengthened by the increased appropriation from the county and state funds. COUNTIES THAT DO NOT HAVE FOUR MONTHS TERM AFTER LEVYING MAXIMUM RATE, ENTITLED TO RECEIVE AID FROM THIS FUND. Sec. 6. After any county shall have levied and collected a special tax of fifteen cents on every one hundred dollars value of property, real and personal, and forty-five cents on every taxable poll therein, to provide a four months school term in every school district, though the funds derived therefrom may be insuificient therefor, said county shall be entitled to receive from the State equalizing school fund provided under this act an apportionment for salaries of teachers for the same increased period beyond the end of its school term as it would if it had provided a full four months term in every district. FUNDS CAN BE USED ONLY FOR TEACHERS' SALARIES. Sec. 7. Upon requisition by the State Superintendent of Public Instruction, the State Auditor shall issue his warrant upon the State Treasurer payable to the county treasurer for the appor- tionment made under section four of this act to each county, and the funds when received by said County Treasurer shall be placed to the credit of the county school fund of said county, to be used only for the specific purpose designated in this act; and the county treasurer is forbidden to pay any part thereof for any other purpose; the county board of education is forbidden to order the payment of any part thereof for any other purpose, and the county superintendent of public instruction is forbidden to sign any voucher for the payment of any part thereof for any other purpose than for the payment of teachers' salaries as and for the period designated. No district in any county shall be entitled to any part of said apportionment for the payment of the salary of its teachers until the committee thereof or the town- ship committee shall have furnished to the county superintendent satisfactory evidence, sworn to if required, that the necessary funds have been provided for paying the incidental expenses of the school or schools in said district for the additional term for which teachers' salaries have been provided in caid apportionment. Any county treasurer, county superintendent, or member of any county board of education violating any of the provisions of this section shall be guilty of a misdemeanor, and shall be fined or imprisoned in the discretion of the court. 11 FUNDS SUFFICIENT TO MAINTAIN SCHOOLS FOUR MONTHS MUST BE PROVIDED BY COUNTY SPECIAL TAX. Sec. 8. Chapter five hundred and eight of the Public Laws of one thousand nine hundred and nine of North Carolina is hereby repealed, and the following is hereby substituted and enacted in lieu thereof: On or before the first Monday in June of each and every year the county board of education of each county shall ascertain the amount of money needed to maintain the public schools of such county for four months during the succeeding school year. The county board of education, using as a basis the receipts for school purposes during the current school year ending June thirtieth thereafter, shall ascertain the amount that will be available for school purposes from the general school tax, from fines, forfeitures, and penalties, and from the annual per capita appropriation to the county from the special state appropriation for public schools under this act. If the amount received and to be received from these sources is less than the amount ascer- tained to be needed for a full four months school term in every public school district of the county, said county board of educa- tion shall submit to the board of county commissioners of said county an itemized statement of the amounts needed for super- vision, for administration, for buildings and repairs, for salaries of teachers, and for all other expenses allowed by law. The state- ment shall also set forth the number of teachers, white and col- ored, to be employed in each district, and the salary of each teacher in each district. The limitation placed by law on each of these objects shall not be exceeded. It shall thereupon be the duty of the board of county commissioners to levy a special tax on all property, real and personal, and on all taxable polls, sub- ject to the constitutional limitation as to poll tax, in said county sufficient to supply the deficiency needed for the support and main- tenance of the public schools of said county for four months in each school district: Provided, that no county shall be com- pelled to levy a special tax of more than fifteen cents on every hundred dollars value of property, real and personal, and forty- five cents on every taxable poll for said purpose. The said tax shall be levied and collected at the same time and in the same manner as other county taxes are levied and collected, and the funds derived therefrom shall be apportioned and expended by the county board of education for maintaining one or more public schools in each school district for a term of four months in each year. In the event of a disagreement between the county board of education and the board of county commissioners as to the amount of the deficiency to be supplied for a four months school, and as to the rate of tax to be levied therefor, or of the refusal of any board of county commissioners to levy said tax, the county beard of education shall bring an action in the nature of man- damus against the board of county commissioners to compel the levying of such special tax in the manner and form as provided 12 in sections eight hundred and twenty-two and eight hundred and twenty-four of The Revisal of one thousand nine hundred and five of North Carolina, and it shall be the duty of the judge hear- ing the same to find the facts as to the amount needed and the amount available from the sources herein specified, v/hich finding shall be conclusive, and to give judgment requiring the county commissioners to levy the sum which he shall find necessary to maintain the schools for four months in said county. No county shall receive any part of the State equalizing school fund pro- vided by this act until it shall have levied the special tax herein required of it for a four months school term in every school district. COMMISSIONERS MAY LEVY ADDITIONAL TAX FOR NECESSARY EXPENSES. Sec. 9. That the board of commissioners of any county in North Carolina be, and they are hereby authorized and empowered to levy a special tax in excess of the constitutional limitation, not exceeding five (5) cents on the one hundred dollars ($100.00) valuation of all property listed for taxation in their respective counties, to provide for any deficiency in the necessary expenses and revenue of said respective counties, which may be caused by the provisions of this act. conflicting LAWS REPEALED. Sec. 10. That section four thousand and ninety-seven of The Revisal of one thousand nine hundred and five of North Carolina, as amended by chapter seven hundred and seventy-nine of the Public Laws of one thousand nine hundred and nine of North Carolina, be and the same is hereby repealed, and all laws and clauses of laws in conflict with this act are hereby repealed. Sec. 11. That this act shall be in force from and after its ratifi- cation. In the General Assembly read three times and ratified this the 1st day of March, 1913. 13 COMPULSORY ATTENDANCE AN ACT TO MAKE SCHOOL ATTENDANCE COMPULSORY. The General Assembly of North Carolina do enact: ALL CHILDREN REQUIRED TO ATTEND SCHOOL, AGE 8 TO 12, TERM FOUR MONTHS. Section 1. That from and after the first day of July, one thou- sand nine hundred and thirteen, every parent, guardian, or other person in the State of North Carolina having charge or control of a child or children between the ages of eight and twelve years, shall cause such child or children to attend the local public school in the district, town or city in which he resides, continuously for four months of the school term of each year, except as herein- after provided. This period of compulsory attendance shall com- mence at the beginning of the compulsory period of the school term nearest to the eighth birthday of such child or children, and shall cover the compulsory period of four consecutive school years thereafter. This period of compulsory attendance for each public school shall commence at the beginning of the school term of said school unless otherwise ordered by the county board of education or, in case of towns or cities of two thousand or more inhabitants, by the board of trustees of the public schools of said towns or cities. Continuous attendance upon some other public school or upon any private or church school taught by competent teachers may be accepted in lieu of attendance upon the local public schools: Provided, that said period of continuous attendance upon such other school shall be for at least four months of each year: Provided, further, that any private or church school re- ceiving for instruction pupils between the ages of eight and twelve years shall be required to keep such records of attendance of said children and to render such reports of same as are here- inafter required of public schools. And attendance upon such schools refusing or neglecting to keep such records and to render such reports shall not be accepted in lieu of attendance upon the local public school of the district, town or city which the child shall be entitled to attend: Provided, the period of compulsory attendance shall be in force and apply between the ages of eight and fifteen years in Mitchell County. EXEMPTIONS. Sec. 2. This act shall not apply in any case in which the child's physical or mental condition, as attested by any legally qualified physician before any court having jurisdiction under this act, renders his attendance impracticable or inexpedient; or in any case in which the child resides two and one-half miles or more by the nearest traveled route from the schoolhouse; or in any case in which, because of extreme poverty the services of such 14 child are necessary for his own support or the support of his . parents, as attested by the afl&davit of said parents and of such witnesses as the attendance officer may require; or in any case in which said parent, guardian or other person having charge or control of the child shall show before any magistrate by affi- davit of himself and of such witnesses as the attendance officer may require, that the child is without necessary books and cloth- ing for attending school, and that he is unable to provide the necessary books and clothes: Provided, that when books and clothing shall have been provided, through charity or by other means, the child shall no longer be exempt from attendance under this provision. PARENTS SHALL CAUSE CHILDREN TO ATTEND SCHOOL. Sec. 3. Every parent, guardian, or other person in the State of North Carolina having charge or control of a child or children between the ages of eight and twelve years shall cause said child to attend school as aforesaid: Provided, that occasional absence from such attendance by such child amounting to not more than two unexcused absences in four consecutive weeks shall not be unlawful: Provided, 'further, that the superintendent, principal or teacher in charge of any school may excuse any child for a temporary absence because of unusual storm or bad weather, sickness or death in the child's family, unforseen or unavoidable accidents, and such excuse and reason therefor shall be recorded by said superintendent, principal, or teacher in charge of school and reported to the attendance officer as hereinafter provided: Provided, further, that in case of protracted illness of any child whose attendance is required under this act, or in case of quaran- tine of the home in which the child resides, upon report of the health officer or upon satisfactory evidence to this effect, the at- tendance officer shall excuse from attendance such child until he is fully restored to health or until the time required by law that he shall stay out of school after quarantine has been raised. PENALTY FOR VIOLATION OF LAW. Sec 4. Any parent, guardian or other person violating the pro- visions of this act shall be guilty of a misdemeanor, and upon conviction shall be liable to a fine of not less than five dollars nor more than twenty-five dollars, and upon failure or refusal to pay such fine said parent, guardian, or other person shall be im- prisoned not to exceed thirty days in the county jail: Provided, that the fine for any first offense may, upon the payment of costs, be suspended and not collected until the same party is convicted of a second offense: Provided, further, that after the expiration of three days from the service of the notice by the attendance officer each and every day a parent, guardian, or other person shall willfully and unlawfully keep such child or children from 19 school, or allow liini to remain out of school, shall constitute a separate offense and shall subject said person to penalties herein prescribed. ATTENDANCE OFFICERS, DUTIES, COMPENSATION, ETC. Sec. 5. The county board of education in each county shall ap- point and remove at will an attendance officer for each township to enforce the provisions of this act who shall serve also as taker of the school census, performing all the duties heretofore re- quired of the school committee as to the census under section four thousand one hundred and forty-eight of The Revisal of one thousand nine hundred and five of North Carolina, and as keeper of the attendance records, for which service he shall be allowed three cents per child of school age each school year. It shall be his duty to take an annual census and to furnish each superin- tendent, principal, or teacher in charge of school with an accurate school census of the district at the opening of the school each year, and also to furnish a copy of the school census of each dis- trict to the county superintendent of public instruction. The at- tendance officer shall serve written or printed, or partly written and partly printed notices upon every parent, guardian, or other person violating the provisions of this act, and prompt compliance on the part of such parent, guardian, or other person shall be required. For serving such notice the attendance officer shall be allowed a fee of twenty-five cents in case of conviction, same to be taxed in bill of costs; and if any parent, guardian, or other person upon whom such notice is served fails to comply with the law within three days, then it shall be the duty of said attendance officer to prosecute such person. Prosecution under this act shall be brought in the name of the State of North Carolina before any justice of the peace, or police justice, or recorder of any county, town or township in which the person prosecuted resides. The attendance officer shall have the right to visit and enter any office or factory or business house employing children, for the purpose of enforcing the provisions of this act; when doubt exists as to the age of a child, he may require a properly attested birth certificate or affidavit stating such child's age; he shall keep an accurate record of all notices served, all cases prosecuted, and all other services performed, and shall make an annual report of same to the county board of education. In the discretion of the county board of education, the attendance officer may be allowed reasonable additional compensation from the county school fund for such services as are reuired of him under this act, compen- sation for which is not specifically provided for herein: Provided, that in case the county board of education shall appoint a school committeeman or township constable as attendance officer, the duties of such officer herein prescribed are hereby declared to be a part of his duties ex officio: Provided, further, that the school committee or board of trustees of any school in any town or city 16 of five thousand or more inhabitants, operating its schools under special character, is hereby authorized and empowered, if in their judgment such action is wise, to appoint an attendance officer for the schools under their direction, fix his compensation, and pay the same out of the special tax school funds of said town or city, and assign to him other duties in addition to those enumerated above. TEACHERS MUST CO-OPERATE, PENALTY FOR NON-COMPLIANCE. Sec. 6. It shall be the duty of all principals and teachers to cooperate with the attendance ofiicers in the enforcement of this law. To this end it shall be the duty of the principal or teacher in charge in every school, in which pupils between the ages of eight and twelve years are instructed, to keep an accurate record of the attendance of such pupils; to render during the period of compulsory attendance of each school term weekly reports of same to the attendance olficer and the county superintendent of public instruction, showing all absences, excused and unexcused, and, in the case of an excused absence, to state the reason for which the pupil was excused. Upon the willful or negligent fail- ure of any principal or teacher in charge of any school to comply with the provisions of this section, the county superintendent shall deduct from his or her salary for the current month the sum of five dollars before approving the voucher therefor. LAW TO BE GIVEN WIDEST POSSIBLE CIRCULATION. Sec 7. It shall be the duty of the county board of education of each county to cause this act to be published in full in some newspaper published in the county, if there is one, and if there be none, then in circular form, and given the widest possible circulation at least four weeks prior to the opening of the schools for the school year, beginning July first, one thousand nine hun- dred and thirteen, and annually thereafter, if in their discretion it seems necessary. EXISTING LOCAL OR SPECIAL LAWS NOT AFFECTED OR REPEALED BY THIS ACT. Sec. 8. This act shall not affect or in any part repeal any ex- isting special or local laws requiring compulsory attendance in any county or school district: Provided, the provisions of this act shall apply to Mitchell County. APPLIES TO POLK COUNTY. Sec 9. This bill shall apply to all children in Polk County be- tween the ages of seven and fifteen years. Sec 10. Chapter eight hundred and ninety-four of the Public Local Laws of one thousand nine hundred and seven of North 17 Carolina, as amended by chapter five hundred and twenty-five of the Public Laws of one thousand nine hundred and nine of North Carolina is hereby repealed. BOARD GIVEN POWER TO MAKE RULES AND REGULATIONS TO SECURE ATTENDANCE. Sec. 11. The board of education of each county shall have power at their regular meeting held in July of each year, and thereafter at any regular meeting, to make such rules and regu- lations as they may deem best to secure the attendance of all children between the ages of eight and twelve years upon schools of the county, and such rules and regulations, when approved by the county superintendent of public instruction, and posted at the courthouse door and at the door of each public schoolhouse in the county, shall supercede any provision of this act in conflict there- with.* Sec. 12. This act shall be in full force and effect from and after its ratification. In the General Assembly read three times and ratified this the 12th day of March, 1913. AN ACT TO AMEND CERTAIN SECTIONS OF CHAPTERS 81 AND 89 OP THE REVISAL OF 1905 OP NORTH CAROLINA, AND CERTAIN CHAPTERS OF THE PUBLIC LAWS OF 1907, 1908, AND 1911 OF NORTH CAROLINA, BEING PARTS OF THE PUBLIC SCHOOL LAW. The General Assembly of 'North Carolina do enact: Section 1. That chapter eighty-nine of The Revisal of one thousand nine hundred and five be and the same is hereby amended as follows: (a) Strike out section four thousand one hundred and sixteen and insert in lieu thereof the following: "4116. Apportionment of school funds; reservation of contin- gent fund. — The county board of education shall, on the first Monday in January and the first Monday in July of each year, apportion the school fund of the county to the various school districts; but it shall, before apportioning the school fund reserve * As will be seen from the State Superintendent's construction of this law, con- curred in by the Attorney General, section 11 is an enabling instead of a disabling, section, allowing the county board of education discretion in the modification of the machinery of the act by the adoption of rules and regulations for its enforcement, adapted to the different conditions in different counties, but conferring no power upon the board to revoke or annul the general and fundamental provisions of the law and its clearly stated purpose of compelling the attendance of all children be- tween the ages of eight and twelve years. It is mandatory upon the county board of education to enforce these fundamen- tal provisions and " to secure the attendance of all children between the ages of eight and twelve years upon the schools of the county." Read carefully the State Superin- tendent's official construction of this law on pages 115 et seq. of this pamphlet. 18 as a contingent fund an amount sufficient to pay the salary of the county superintendent and per diem and expense of the county board of education; and may further reserve as a fund for building and repairing schoolhouses and for equipment, in counties with a total school fund of five thousand dollars or less, not more than twenty per centum thereof; in counties with a total school fund of over five thousand dollars and not more than ten thousand dollars, not more than sixteen per centum thereof; in counties with a total school fund of over ten thousand dollars and not more than twenty-five thousand dollars, not more than ten per centum there- of; in counties with a total school fund of over twenty-five thou- sand dollars, not more than seven and a half per centum thereof, to be used as directed in. section four thousand one hundred and twenty-four. It shall be the duty of the county board of educa- tion to distribute and apportion the school money so as to give to each school in the county for each race the same length of school term, as nearly as may be, each year. In making the apportion- ment the board shall have proper regard for the grade of work to be done and the qualifications of the teachers required in each school for each race. As soon as the apportionments are made, it shall be the duty of the board to notify the school committee- men and the treasurer of the county school fund of the amount apportioned to each school, designating each school by number, and stating whether for white, colored or Indian, and naming the township and county. Funds unused by any district during any year shall, if still unused at the January meeting subsequent to the close of the school year, be returned to the general school fund for reapportionment, unless such district shall have been prevented from using such funds during that year by providential or other unavoidable causes. "Provided, that in the discretion of the county board of educa- tion it may also reserve sufficient funds, after first providing for a six months school term in every school district, to pay a part of the cost, not to exceed one-half, necessary to employ a capable physician for his entire time as county health officer whose elec- tion meets with the approval of said board and whose duties shall be specified by the county board of health to embrace those provided for in that part of section eleven, chapter sixty-two, of the public health laws of one thousand nine hundred and eleven, relating to the medical inspection of schools and school children; and he shall lecture to the teachers in their meetings and supply them with printed instructions regarding measures for the proper care of the body, the recognition and prevention of disease, the recognition, prevention and correction of physical defects, etc.; and he shall keep an accurate daily record of the work he does under the provisions of this act and make weekly, monthly or quarterly reports giving such information as may be called for by blanks to be furnished by and returned to both the county 19 board of education and the State Superintendent of Public In- struction; and if the county health officer should neglect for a period of ninety days to carry out the spirit of this act, unless his entire time should be required to fight an epidemic of some contagious or infectious disease, the county board of education may in its discretion withdraw its financial aid in his employ- ment." (b) Strike out section four thousand one hundred and thirty- one and insert in lieu thereof the following: "The county board of education or the board of trustees of any incorporated or chartered graded school district may receive suitable sites for schoolhouses or school buildings by donation or purchase. In case of purchase the county board of education, or any board of trustees aforesaid, shall issue an order on its treasurer for the purchase money, and upon payment of the order the title to the site shall vest in the corporation in fee simple. Whenever the boards above mentioned are unable to obtain a suitable site for a school or school building, by gift or purchase, such board shall report to the county superintendent of public instruction, who shall, upon five days notice to the owner or owners of the land, apply to the clerk of the superior court of the county in which the land is situated for the appointment of three appraisers, who shall lay off by metes and bounds not more than two acres and assess the value thereof. The same means may be used to obtain more land in a district where there is a house or a site previously obtained, but not more than three acres shall be procured, including the site already obtained. They shall make a written report of their proceedings, to be signed by them, or by a majority of them, to the clerk within five days from their appointment, who shall enter the same upon records of the court. The appraisers and officers shall serve without compen- sation. If the report is confirmed by the clerk, the chairman and the secretary of the board shall issue an order on the treas- urer of the county school fund, or, if a graded school district, upon the treasurer of the graded school district, in favor of the owner of the land thus laid off, and upon the payment or offer of payment of this order the title to such land shall vest in fee simple in the corporation. Any person aggrieved by the action of the appraisers may appeal to the Superior Court in term, upon giving bond to secure the board against such costs as may be incurred on account of the appeal not being prosecuted with effect." (c) Amend subsection (h) of section one of chapter one hun- dred and thirty-five of the Public Laws of nineteen hundred and eleven of North Carolina, amending section four thousand one hundred and thirty-three of The Revisal of nineteen hundred and five, as follows: After the word "therein," in line six of said subsection (h), and 20 before the word "and," insert the words "or in the printed annual school report of said county." (d) At the end of secti.on four thousand one hundred and thirty-five as amended add the following: ''Provided, that any county whose total school fund does not exceed fifteen thousand dollars may unite with any adjoining county and by agreement between the county boards of education of the two counties, meeting in joint session, may employ a county superintendent who shall devote his entire time to super- vising impartially the educational work of the counties thus em- ploying him. The agreement between the two county boards thus jointly employing one county superintendent, as to the appor- tionment of his salary and expenses, the division of his time, and all other essential details, shall be recorded in full in the minutes of the board of education of each county." (e) After the word "July" in line three of section four thou- sand one hundred and forty-five, strike out all words up to and including the word "qualified," in line nine, and insert in lieu thereof the following: "One thousand nine hundred and thirteen, appoint in each of the townships of the county three intelligent men of good business qualifications who are known to be in favor of public education, who shall serve as follows: One for three years, one for two years, and one for one year from the date of their appointment as school committeemen in their respective townships and until their successors are elected and qualified. On the first Monday in July of each succeeding year, the board of education shall apoint one member of the school committee in place of the member whose term of office has just expired, and who shall continue in office for a period of three years and until his successor is duly appointed and qualified." In line twenty of said section, after the word "committee" strike out the sen- tence commencing with the word "The" and ending with the word "qualified," in line twenty-seven, and insert in lieu thereof the following: "The county board of education in each county may if it deems best on the first Monday in July, one thousand nine hundred and thirteen, instead of electing township committeemen, elect for each school of the several townships three school committeemen of intelligence and good business qualifications who are known to be in favor of public education, who shall serve as follows: One for three years, one for two years, and one for one year from the date of their appointment as committeemen and until their successors are appointed and qualified. And the board of educa- tion shall, on the first Monday of July of each succeeding year, appoint one member of the school committee in place of the mem- ber whose term of office has just expired, and who shall continue in oflace for a term of three years and until his successor is duly appointed and qualified." 21 (f) strike out the sentence beginning with the word "The," in line seven of section four thousand one hundred and sixty-one, and ending with the word "committee," in line eleven, and insert in lieu thereof the following: "The county board of education of each county shall fix annually a day and place in each township for the meeting of the township or district committeemen of said township, who shall, in conference with the county superintend- ent, with whom application must have previously been filed by all applicants, select the teachers for their respective schools, except for rural public high schools: Provided, that no election of any teacher or of any assistant teacher shall be deemed valid until such election has been approved by the county superintendent." (g) In line five of section four thousand and fifty-three, after the word "schoolhouse" and before the word "in," insert the fol- lowing words: "Or dormitories for rural high schools and county farm life schools." (h) Insert the words "justices of the peace" in line three of section four thousand one hundred and eight after the word "courts" and before the word "and" in said line; after the word "accrued," at end of said section, add the words, "this information to be furnished on blanks prepared by the State Department of Public Instruction." (i) After the word "of" and before the word "county," in line two of section four thousand one hundred and fifty-eight, strike out the word "the" and insert in lieu thereof the word "any"; and after the word "county" and before the word "school," in said line, insert the words "town or city." (j) At the end of section four thousand one hundred and sixty- four add the following: "The county board of education of each and every county is hereby authorized and directed to provide for the prompt payment of all teachers' salaries due at the end of each school month." (k) After the word "board" and before the word "but," in line eleven of section four thousand one hundred and nineteen, insert the words "until the next General Assembly meets and acts": Provided, that this act shall not apply to vacancies heretofore filled under this section. (1) After the word "attendance," in line five of section four thousand one hundred and sixty-four and before the word "the" in said line, insert the following words, "the number of pupils completing the elementary grades." (m) After the word "term" in line five and before the word "no" in said line, in section four thousand one hundred and sixty- three, insert the following words, "no assistant teacher shall be employed in any one-teacher school until the average daily at- tendance shall have reached at least forty pupils, and in case the reports of any teacher shall for four consecutive weeks show an 22 average daily attendance of less than forty pupils the assistant teacher may be dismissed." Sec. 2. That section three thousand eight hundred and thirty- nine of chapter eighty-one of The Revisal of one thousand nine hundred and five be and the same is hereby amended as follows: After the word "county" at the end of line one and before the word "school" in line two thereof, insert the words "town or city." Sec. 3. That chapter eight hundred and twenty of the Public Laws of one thousand nine hundred and seven, the same being entitled "An act to stimulate high school instruction in the public schools of the State and teacher training," be and the same is hereby amended as follows: (a) At the end of line three in section one strike out the word "five" and insert in lieu thereof the word "seven." (b) After the word "duties" at the end of section two add the following words: "Provided, further, that the board of trustees or school committee of any chartered school receiving aid under section six of this act shall serve as the high school committee for said school." (c) Strike out all the words after the word "provided" in line six of section four down through the word "education" in line thirteen of said section, and insert in lieu thereof the following: "All public high schools established and aided under this act shall be subject to such inspection as may be directed by the State Superintendent of Public Instruction and shall make such reports as shall be required by him." (d) In section four strike out all words between the word "from" in line fifteen and the word "who" in line sixteen, and insert in lieu thereof the following: "The State Board of Ex- aminers." (e) Strike out section five and insert in lieu thereof the fol- lowing: "No public high school shall be established or maintained under this act in connection with any public elementary school having an annual school term of less than seven months; and every public elementary school operated in connection with a public school established under this act shall have- at least two teachers giving their full time to instruction in the branches of study required to be taught in the public elementary schools of the State; and no public high school shall be entitled to the benefits of this act that does not have at least one duly licensed high school teacher giving his full time to instruction in the high school branches as outlined by the State Superintendent of Public instruction: Provided, that this section shall not be construed to prevent the principal of a public high school from serving as principal of the public elementary school operated in connection therewith to the extent of exercising supervisory and disciplinary functions over said public elementary school." 23 (f) strike out section six of said chapter and insert in lieu thereof the following: "Public high schools ?hall not be estab- lished and aided under this act in towns or cities of more than twelve hundred inhabitants, except as is hereinafter provided in this section: Provided, that the county board of education may approve for the purposes of this act one regularly organized town or city high school of standard grade and may enter into agree- ment or contract with the board of trustees or committee of said high school whereby students of high school age and grade re- siding outside the limits of said high school district, and public school teachers of the county, may be permitted to attend for the full term each year said high school free of tuition. But no such contract or agreement shall entitle such high school to the benefits of this act until said contract or agreement shall have been approved by the State Board of Education. And when such con- tract or agreement shall have been approved by the State Board of Education said town or city high school shall be subject to the provisions and entitled to the benefits of this act: Provided, further, that said town or city high school shall maintain an average daily attendance for the full term of at least ten high school students from outside the local district. (g) After the word "schools" and before the word "and," in line five of section seven, insert the following words: "After the recommendation and location of a public high school have been approved by the State Board of Education." (h) Strike out section nine and insert in lieu thereof the fol- lowing: "Every public high school receiving State aid under this act shall maintain an average daily attendance of at least ten high school students for the required term, and any public high school making an average daily attendance of less than ten for the required term shall not be entitled to receive State aid under this act; and every public high school receiving the maximum State aid allowed under this act shall maintain for the required term an average daily attendance of at least twenty, and any public high school making for the required team an average daily attendance of less than twenty shall have its apportionment from the State reduced proportionately." Sec. 4. Amend section four thousand one hundred and thirty- five of The Revisal of one thousand nine hundred and five of North Carolina by striking out in line six thereof the words "in teaching school," and inserting in lieu thereof the following words, "in teaching or supervising schools within five years im- mediately preceding his election." Sec. 5. That this act shall be in full force and effect from and after its ratification. In the General Assembly read three times and ratified this the 12th day of March, 1913. 1913, c. 149. 24 EXPLANATION OP THE PROVISIONS OF THE OMNIBUS SCHOOL BILL. Section 1. (a) Amends section 4116 so as to make the county instead of the township the unit of apportioning the school funds, and revises the wording of this section accordingly. It also gives the county board of education the authority, after a six months term has been provided, to pay not exceeding one-half the salary of a health officer for the county, for his full time, who shall in- struct the teachers in their meetings and through printed litera- ture on matters of health. (b) Amends section 4131 so as to give to boards of trustees and committees of chartered graded schools the same authority with respect to acquiring sites for schools under their direction that is vested in county boards of education with respect to acquiring sites for county schools. (c) Amends section 4133, as amended by chapter 135, Laws of 1911, so as to allow county superintendents of education to pub- lish in their printed annual school reports the same information now required to be published in some newspaper or at the court- house door. (d) Amends section 4135 so as to allow any county having a school fund not exceeding $15,000 to unite with an adjoining county in employing a superintendent of schools jointly for his full time. (e) Amends section 4145 so as to require the county board of education to appoint school committeemen as follows: one for a term of three years, one for a term of two years, and one for a term of one year, and their successors each for a term of three years. This plan makes the term of only one member expire each year, thus leaving two experienced members holding over each year. (f) Amends section 4161 so as to require all applications for positions to teach in a county to be filed with the county superin- tendent of public instruction, and it further requires the county board of education to fix a day in each township for the election of teachers, at which time the committeemen of the various dis- tricts are to meet with the superintendent and elect teachers for all the schools of the township. It also provides that no election of any teacher shall be deemed valid until approved by the county superintendent. (g) Amends section 4153 so as to allow a part of the loan fund to be used for the purpose of erecting dormitories for the rural public high schools and farm-life schools. (h) Amends section 4108 so as to require justices of the peace to report to the county board of education the fines, forfeitures, and penalties imposed in their courts. State Department of Edu- cation to furnish blanks for this purpose to all officers who are required to report fines, forfeitures, and penalties. (i) Amends section 4158 so as to require the treasurers of city school funds to report as is now required of treasurers of the 25 county school fund, and thereby show entire expenditures for education in State. (j) Amends section 4164 so as to authorize county boards of education to provide for the payment of teachers' salaries promptly at the end of each month. (k) Amends section 4119 so as to provide that members of the county board of education appointed by other members of the board to fill vacancies are to serve only until the Legislature meets and acts. (1) Amends section 4164, requiring teachers to report the num- ber of pupils completing the elementary grades. (m) Amends section 4163 so as to provide that no assistant teacher shall be employed in any one-teacher school until the average daily attendance reaches forty, and it further provides that such assistant teacher may be dismissed when the average daily attendance for four consecutive weeks drops below forty. Section 2. Amends section 3839 as follows: Under section 1, subsection (i) above, treasurers of city school funds are required to report in the same manner as are treasurers of the county school fund. Failure to report under this amend- ment is made a misdemeanor for city school treasurers as it is for county treasurers. Section 3. Amends chapter 820, Laws of 1907, relating to pub- lic high schools, as follows: (a) Amends section 1 by putting into the law a rule of the State Board of Education which has been in force ever since the high school law went into effect, namely, the requirement that public high schools receiving State aid shall run at least seven months each year. The law now says five months, ■ the State Board says seven, and there is frequently misunderstanding. Five months is too short, and seven is none too long. (b) Amends section 2. It is self-explanatory. It simply names the graded school committee as high school committee, also in cases where a public high school is established in connection with a chartered school. This is done to avoid confusion at times, and unnecessary duplication of committees. (c) Amends section 4. High school teachers' certificates are rule of the State Board of Education since the law went into effect, namely, that public high schools receiving State aid shall be inspected after they are established, as well as before getting aid, under the direction of the State Superintendent of Public Instruction. (d) Amends section 4. High school teachers' certificates are issued by the State Board of Examiners. The amendment sim- ply makes the law conform to the practice. (e) Amends section 5. This section simply restates the sub- stance of the section for which it is substituted, making it more definite and more explicit. (f) Amends section. 6. This substitute section for section 6 26 really combines and restates the principles involved in sections 6 and 9 of the original high school law regarding the admission of high school pupils and public school teachers of the rural dis- tricts into city graded schools. It brings city schools receiving pupils under this act more definitely under the high school law, and safeguards more certainly the expenditure of the funds re- ceived from the State, by requiring such schools to make the average daily attendance required from outside the local district. (g) Amends section 7 by simply making it more explicit. (h) This is a substitute section for section 9, the substance of which has been restated and included in section 6. See explana- tion under (f) above. This new or substitute section puts into the law another rule of the State Board of Education which has been in force in the main for five years, regarding the attendance required of public high schools. Section 4. Amends section 4135 of The Revisal of 1905 re- garding the qualifications of the county superintendent. His re- quired experience shall have been within the five years immedi- ately preceding his election. 27 ALLIANCE-UNION FARM SCHOOL AN ACT TO ESTABLISH THE ALLIANCE-UNION FARM SCHOOL. The General Assembly of North Carolina do enact: AIM OF SCHOOL. Section 1. There shall be established and maintained in Orange County a school to be known as the Alliance-Union Farm School for the training and preparation of the boys of the State of North Carolina for farm life. The aim of said school shall be to prepare boys for agricultural pursuits, and the course of study shall be prepared with that end in view by the trustees of said school. BOARD OF TRUSTEES. Sec. 2. The school shall be under the control and management of a board of trustees consisting of eleven members, the Superin- tendent of Public Instruction of the State, one member selected by the Board of Education of Orange County and one member selected by the Board of County Commissioners of Orange County, the Commissioner of Agriculture and the President of the Agri- cultural and Mechanical College at Raleigh shall be, ex officio, members of the said board of trustees. Three members shall be appointed by the Farmers Alliance, and three members shall be appointed by the Farmers Union, the term of office of these shall be six years, but the first appointment shall be made so that one each from the Farmers Alliance and the Farmers Union shall expire in two years, one each in four years, and the other two in six years. All vacancies occurring by death, resignation or other- wise in the number appointed, of the Farmers Alliance and Farm- ers Union shall be filled by the body making the original appoint- ment. BOABD CONSTITUTED A BODY CORPORATE. Sec. 3. The board of trustees of the said Alliance-Union Farm School and their successors in office shall be and are hereby con- stituted a body corporate by the name and style of The Board of Trustees of the Alliance-Union Farm School, and by that name may sue and be sued, make contracts, purchase, hold and sell real estate and personal property, receive donations by gift or other- wise, and exercise such other rights and privileges as are con- ferred by law upon corporate bodies. The title to all lands and other property of said school shall vest in said board of trustees. BOARD MAY ACCEPT CERTAIN GIFTS. Sec. 4. The' said board of trustees is authorized to accept from the Farmers Alliance a deed conveying to it in fee simple that tract of land belonging to said Farmers Alliance situated in 28 Orange County, about one mile west of the town of Hillsboro, and containing one hundred and forty acres, more or less, together with all buildings and appurtenances belonging thereto. The said board of trustees is further authorized to accept from the Farmers Union the sum of ten thousand dollars, which shall be used for the purpose of erecting permanent buildings for said school. SPECIAL TAX TO BE VOTED ON. Sec. 5. Whenever it shall be made to appear to the Board of County Commissioners of Orange County that the Farmers Alli- ance property In Hillsboro has been properly conveyed to the said board of trustees as above provided, and that the Farmers Union has contributed ten thousand dollars for the building fund of said school, then the said Board of County Commissioners shall order an election to be held in Orange County in accordance with the law governing general elections as nearly as may be. At said election there shall be submitted to the qualified voters of the county a question of levying and collecting a special tax on all taxable property and polls of said county, to be used toward the maintenance of the said farm school. At such elections those favoring the levy and collection of such tax shall vote a ballot on which shall be written or printed the words "For Farm School," and those opposed shall vote a ballot on which shall be written or printed "Against Farm School." Said election shall be ad- vertised by posting notice at the courthouse door and three other publiQ places in said county and by publishing a notice for four successive weeks preceding the election in newspaper published in said county. The registrar and pollholders shall be appointed by the Board of County Commissioners, shall canvass the votes cast in the election, declare the result and certify the returns thereto to the Board of County Commissioners. A new registra- tion shall be ordered for said election. If a majority of the quali- fied voters shall vote "For Farm School" then the County Com- missioners shall annually levy and cause to be collected in the same manner and at the same time as other taxes of the county are levied and collected, a tax on all property and polls of the county sufficient to provide annually not less than two thousand five hundred dollars, and the amount so received shall be turned over to the treasurer and the said board of trustees to be used for the maintenance of said farm school. BOARD SHALL ELECT TREASUKEK. Sec. 6. The board of trustees of said farm school shall elect a treasurer who shall receive and -disburse all funds, keeping and rendering annually to the trustees of said school separate account of such receipts and disbursements, and shall give such official bond as may be required by the board of trustees. 29 STATE APPROPBIATION FOB MAINTENANCE. Sec. 7. Upon satisfactory evidence furnished to the State Board of Education that all the provisions for the establishment, main- tenance and equipment of said farm school have been complied with, the said State Board of Education shall order the said Superintendent of Public Instruction to issue a requisition upon the State Auditor for the sum of seven thousand five hundred dollars, annually, for the maintenance of said school, and the State Auditor shall issue his warrant in favor of the treasurer of the said board of trustees for said amount, which shall be paid out of the State Treasury. IF TAX IS NOT VOTED. Sec. 8. If the county of Orange shall fail to vote for a special tax to aid in the maintenance of said school, as provided in sec- tion five hereof, then the Alliance property shall be reconveyed to the Farmers Alliance by the board of trustees of said school, and the money advanced by the Farmers Union shall be refunded to it. BOYS FROM ANY COUNTY ADMITTED FEEE. Sec 9. Boys from any county in the State shall be admitted to said school without any tuition charges. Sec. 10. This act shall be in force from and after its ratifica- tion. In the General Assembly read three times and ratified this the 10th day of March, 1913. 30 CHILD LABOR LAW AN ACT TO REGULATE AND RESTRICT LABOR IN MANU- FACTURING ESTABLISHMENTS. The General AssemMy of North Carolina do enact: NO CHILD UNDER TWELVE PERMITTED TO WORK IN FACTORIES. Section 1. That no child under twelve years of age shall be employed or work in any factory or manufacturing establishment within this State: Provided, that no child between the ages of twelve and thirteen shall be employed or work in a factory except in apprenticeship capacity, and only then after having attended school four months in the preceding twelve months. NO PERSON UNDER SIXTEEN YEARS MAY WORK AT NIGHT. Section 2. That no person under sixteen years of age shall be employed or permitted to work in any mill, factory or manufac- turing establishment in this State between the hours of 9 p. m. and 6 a. m. CERTIFICATES REQUIRED. Sec 3. That no child under sixteen years of age shall be em- ployed or permitted to work at night, nor shall any child under the age of thirteen years be employed on day work in any mill, factory or manufacturing plant in this State unless the person, firm or corporation employing such child or permitting such child to work shall have procured and shall keep on file and ac- cessible to any inspector of factories or other authorized oflicer charged with the enforcement of this act a certificate from the parent, guardian, or from person standing in loco parentis to any such child, which certificate shall show the name and age of such child, and in case such child is under thirteen and more than twelve years of age, said certificate must set forth the fact that such child has attended school four months in the preceding twelve months. PENALTY FOR VIOLATION. Sec. 4. That any person, firm or corporation, agent or manager of any firm or corporation who willfully, whether for himself or for such firm or corporation, employs or permits to work any child in violation of any of the provisions of this act, and who- ever, having under his control as parent, guardian or otherwise, shall willfully set forth any false statement in the certificate of employment herein required or otherwise suffers such children to be employed or to work in violation of any of the provisions of this act, shall be guilty of a misdemeanor. COUNTY SUPERINTENDENT MUST INVESTIGATE. Sec 5. That it shall be the duty of the county superintendent of public schools to investigate any violation of this act and to 31 report the same to the solicitor of the judicial district in which said violation occurred, together with the names of all witnesses. Sec. 6. That all laws and clauses of laws in conflict with this act are hereby repealed. Sec. 7. That this act shall be in force from and after the first day of January, 1914. In the General Assembly read three times and ratified this the sixth day of March, 1913. 32 GUILFORD COUNTY FARM LIFE SCHOOL LAW Made to Apply to All Counties of the State AN ACT TO PROMOTE THE TEACHING OP AGRICULTURE AND DOMESTIC SCIENCE IN THE PUBLIC HIGH SCHOOLS OP GUILPORD COUNTY. The General AssemUy of North Carolina do enact: AGRICULTURAL INSTRUCTION AND TRAINING IN DOMESTIC SCIENCE. Section 1. That there shall be maintained in one or more of the public high schools of Guilford County, complying with the provisions of this act as hereinafter set forth, a department of agricultural instruction, and a department of training in domestic science and home economics in order to better prepare the boys and girls of said county for farm life and home-making. board' of TRUSTEES. Sec 2. That the said school or schools shall be under the con- trol and management of a board of trustees consisting of the members of the board of education of said county and the chair- man and secretary of the board of trustees of each high school in which such departments are established. SELECTION OF SCHOOL. Sec 3. That after due advertisement inviting bids from the public high schools of said county now in existence or hereafter created, the County Board of Education of Guilford County shall designate the place or places at which such agricultural or do- mestic science work shall be established. In designating a school, the said county board of education shall take into consideration the financial aid offered for a maintenance and equipment, desira- bility and suitability of location: Provided, hoioever, that no such department shall be established in a school which is located in a town of more than one thousand inhabitants, nor within two miles of the corporate limits of any city or town of more than five thousand inhabitants. maintenance of SCHOOL, PROVISIONS, ETC. Sec 4. That for the maintenance of said school or schools, the County Board of Education of Guilford County shall provide an- nually out of the public school fund, or by donation or local tax, not exceeding twenty-five hundred ($2,500) dollars: Provided, however, that the present average school term of the county shall not be shortened by the appropriation herein designated. Any school applying for the benefit to be derived under this act shall first provide a building with recitation rooms, laboratories, and 33 apparatus necessary for efficient instruction in the prescribed sub- jects of study and such dormitory buildings as the county board of education of said county may require, and a farm of not less than ten acres of good arable land, said land to be situated not more than one mile from the school buildings: Provided, however, that before the County Board of Education of Guilford County shall designate any school as a place at which the agricultural and domestic science work shall become a part of the school curricu- lum, it shall first submit to the State Superintendent of Public Instruction for his inspection and approval the equipment pro- vided for said school. PURPOSE OF SCHOOL AND COURSE OF STUDY. Sec. 5. That the purposes of said school or schools are to give to the boys and girls such preparation as is now given in the said county public high schools, and in addition to that to give to the boys training in agricultural pursuits and farm life, and to pre- pare the girls for home-making and home-keeping. The course of study for the said school or schools shall be subject to the ap- proval of the State Superintendent of Public Instruction and an advisory board of farm-life schools to be appointed by him. FACULTY AND SCHEDULE OF WOEK. Sec. 6. That the teacher or teachers of the public high school, the teacher of agriculture, and the teacher of domestic science shall constitute the faculty of the county high school, who shall arrange the weekly schedule of work and submit such weekly schedule to the County Superintendent of Education of Guilford County for his approval. APPEOPRIATION BY STATE, PROVISIONS AND TERMS. Sec. 7. That upon its being made to appear to the State Board of Education that Guilford County has complied with all the provisions of this act for establishment, maintenance and equip- ment of an agricultural department and a domestic science depart- ment in connection with one or more of the public high schools of the said county, it shall appropriate and pay to the County Board of Education of Guilford County for such purpose an amount equal to that appropriated and furnished by the county of Guilford for said work: Provided, however, that said appro- priation by the State Board of Education shall not exceed the sum of twenty-five hundred ($2,500) dollars annually for the maintenance of said work in said county, to be paid by the State Treasurer out of funds appropriated for the maintenance of county farm-life schools by chapter eighty-four of the Public Laws of one thousand nine hundred and eleven. That any money that is now or may hereafter be appropriated by the General Assembly of North Carolina, the State Board of Education, or other state au- 2 34 thority for agricultural or domestic science education, a part of which appropriation would, except for this act, be appropriated to Guilford County absolutely, or upon a contingency or contin- gencies, then and in that event such appropriation which would go to Guilford County shall be turned over to the County Board of Education of Guilford County to aid in the carrying out of the provisions of this act. That compliance with the provisions of this act by the authorities of Guilford County shall be sufficient to entitle the county of Guilford to its proportion of any appro- priation of money already made or which may hereafter be made for training in the science of agriculture or domestic science. The State Superintendent of Public Instruction shall issue a requisi- tion on the State Auditor for the amount so apportioned to Guil- ford County and he shall issue his warrant to the county treasurer of said county, and the money shall be placed by the said treas- urer to the credit of the school or schools of Guilford County in which said agricultural and domestic science work is being con- ducted: Provided, however, that all money thus placed to their credit shall be used exclusively for the purpose of instruction in agriculture and domestic science. AUTHOKITY OF HIGH SCHOOL PRINCIPAI.. Sec. 8. That nothing in this act shall be construed to lessen the power and authority of the principal of the high school, but the instructors in the various departments shall be considered members of the faculty of which the high school principal is head. QUALIFICATION OF TEACHERS. Sec. 9. That no person shall be employed as teacher in agri- culture or domestic science in the school or schools herein pro- vided for unless the applicant has furnished to the trustees satis- factory evidence of a liberal English education, and in addition thereto special preparation and fitness for the specific branches to be taught, said qualifications to be passed upon by the County Superintendent of Guilford County, and if approved, submitted to the State Superintendent of Public Instruction for his ap- proval. In addition to the above requirements the said person shall hold a high school teacher's certificate on all required sub- jects except Latin, Greek, and Modern Languages. students from OTHER COUNTIES. Sec. 10. That the board of trustees of the school or schools herein provided for is authorized and empowered to admit stu- dents from other counties of the State to said school or schools, upon payment of such tuition charges as said board of trustees may fix, but all students who are residents of Guilford County shall be admitted to any of said schools without charge for tui- tion: Provided, however, that there shall be no discrimination 35 against students coming from other counties in the charges fixed for board and incidentals. AGRICULTURAL FARM UFE AND EXTENSION WORK. Sec. 11. That it shall be part of the duty of the teachers of agriculture and domestic science to conduct agricultural farm life and extension work in Guilford County in cooperation, as far as possible, with such work carried on in said county by the State Department of Agriculture, the North Carolina College of Agri- culture and Mechanic Arts, and the United States Department of Agriculture; to hold township and district meetings in various parts of Guilford County from time to time, for farmers and farmers' wives; to cooperate with the county superintendent of education of said county and with the commissioner of agricul- ture, if such officer exists, in stimulating, directing and super- vising practical farm life work in the public high school and the elementary schools of said county, and in providing instruction through the teachers' association and through a special short course of study at the schools where agriculture and domestic science instruction is given for the public school teachers of the said county. THIS ACT MADE TO APPLY TO ANY COUNTY OF NORTH CAROLINA. Sec. 12. This act shall apply to Guilford County, and to any other county of the State of North Carolina complying with the conditions herein required of Guilford County: Provided, that no other county shall use, for the purposes herein designated, any part of the funds provided by the State and county for the main- tenance of public schools until after a six months school term shall have been provided out of said funds in every district of said county. Sec. 13. That this act shall be in force from and after its rati- fication. Ratified this the 1st day of March, 1911. Amendments ratified the 10th day of March, 1913. 1911, c. 449; 1913, c. 105. 36 WOMEN ON SCHOOL BOARDS AN ACT TO AUTHORIZE WOMEN TO DISCHARGE CERTAIN DUTIES PERTAINING TO EDUCATION. The General Assembly of North Carolina do enact: CEETAIN POSITIONS NOT DEEMED OFFICES. Section 1. That positions on committees for rural and graded scliools, boards of trustees for state schools and colleges for women, and sub-text-book commissions, shall not be deemed oflBces within this State, but shall be places of profit or trust. women may SEEVE IN SAID POSITIONS. Sec. 2. Women shall be eligible to serve in the places named in section one of this act under the same conditions and restric- tions as are now imposed upon men: Provided, that the provi- sions of this act shall not apply to any position or place where the person holding such position or place is elected by the people. Sec 3. All laws and clauses of laws in conflict with this act are hereby repealed. Sec. 4. This act shall be in force from and after its ratifica- tion. In the General Assembly read three times and ratified this the 12th day of March, 1913. 37 THE PUBLIC SCHOOL LAW The following is the Public School Law of one thousand nine hundred and five, as amended by the General Assembly of one thousand nine hundred and seven, one thousand nine hundred and nine, one thousand nine hundred and eleven, and one thousand nine hundred and thirteen. Each division of the law is preceded by a succinct summary and contains explanatory notes, the whole being followed by decisions bearing on its interpretation. I. APPLICATION OF CHAPTER, 4029. This chapter not applicable to certain schools; such SCHOOLS regulated. The provisions of this chapter shall not ap- ply to any township, city or town now levying a special tax for schools and operating under special laws or charters, or to schools operating under section forty-seven, chapter one hundred and ninety-nine, laws of one thousand eight hundred and eighty-nine. School districts in any city or town now operating under section forty-seven, chapter one hundred and ninety-nine, laws of one thousand eight hundred and eighty-nine, are hereby continued, and all vacancies in the school committees therein shall be filled by the county board of education. If such districts comprise a town- ship, there shall not be appointed township school committeemen for such township, and all apportionments shall be made directly to the committee of such districts. The superintendent and treas- urer of all such schools receiving any part of the public school fund shall be required to make to the State Superintendent and the county superintendent such reports as these officers shall de- mand and as are made by other public schools to them, and shall be under the general supervision of the State Superintendent of Public Instruction. 1901, c. 4, s. 73; 1903, c. 435, s. 25. [This section requires the proper officers of town and city schools to make reports to the State Superintendent.] II. THE STATE BOARD OF EDUCATION. Summary. — The State Board Consists of the Governor, the Lieutenant-Governor, the Secretary of State, the Treasurer, the Auditor, the Superintendent of Public Instruction, and the Attorney-Genpral; has corporate powers; the Governor is president, the State Superintendent is secretary; it must keep a record of its proceedings, and succeeds to all the powers of *The State Board of Education, in addition to the above, has control of the Colored Normal Schools (Rev. 1905, 4180-4186), and is the Text-book Commission (Rev. 1905, 4057-4084). The State Board also elects directors of State Normal and Industrial Col- lege (Rev. 1905,4252). The trustees of the East Carolina Training School are also elected by this board ( Laws 1907 ). 38 "the president and directors of the literary fund." This board may make rules for the government and regulation of the public schools and has vested in it the property and man- ageme]s[t of the literary fund of the state.* 4030. Incorporated. The Governor, Lieutenant-Governor, Sec- retary of State, Treasurer, Auditor, Superintendent of Public In- struction and Attorney-General shall constitute the State Board of Education, and by the name, the State Board of Education, are created a corporation, and by that name may sue and be sued; may have a common seal; may acquire, receive and hold real, per- sonal and mixed property, by purchase, gift, devise or othervi^ise, and may sell, dispose of and convey the same; and may contract and be contracted with, for the purposes provided in this chapter and for such othei* purposes as may be prescribed by law, and to that end may make such by-laws for its government and the exer- cise of its powers, and alter the same from time to time in its dis- cretion, as shall not be in conflict with the laws of the State and of the United States; and shall be vested with all other powers conferred upon corporations under the general law relating to corporations. Const., Art. IX, ss. 8, 9, 10; Code, s. 2503; 1881, c. 200; 1903, c. 567, s. 7. 4031. Officers; quorum; meetings; expenses. Of the board, the Governor shall be president, the Superintendent of Public In- struction shall be secretary, and the Treasurer of the State shall be treasurer, and a majority of the board shall constitute a quo- rum for the transaction of business. The board shall hold its meetings in the Executive office, and shall meet at such times as a majority of the members may appoint; but the Governor may call a meeting at any time. The contingent expenses of the board shall be provided for by the General Assembly. Const, Art. IX, ss. 9, 12, 13; Code, s. 2504; 1881, c. 200, s. 2. 4032. Proceedings recorded. All the proceedings of the board shall be recorded in a well-bound and suitable book, which shall be kept in the office of the Superintendent of Public Instruction. Code, s. 2505; 1881, c. 200, s. 3. 4033. Succeeds to powers and property, etc., of literary fund. The State Board of Education shall succeed to all the powers and trusts of the "president and directors of the literary fund of North Carolina," and shall have full power to legislate and make all needful rules and regulations for the government of the public schools and for the management of the State educational fund; but all such acts, rules and regulations of the board may be altered, amended or repealed by the General Assembly, and when so altered, amended or repealed shall not be reenacted by the board; and the board shall succeed to and have all the property, powers, rights, privileges and advantages which in anywise be- longed or appertained to the "president and directors of the liter- 39 ary fund of North Carolina," and may, in its own name, assert, use, apply and enforce the same. Const., Art. IX, s. 10; Code, s. 2506; 1881, c. 200, s. 4; R. C, c. 66; R. S., cc. 66, 67. 4034. Accounts kept; keports made. The State Treasurer shall keep a fair and regular account of all the receipts and dis- bursements of the State literary fund, and shall report the same to the General Assembly at the same time when he makes his biennial account of the ordinary revenue; and the State Board of Education shall report to the General Assembly the manner in which the fund has been applied or invested, with such recom- mendations for the improvement of the same as to it shall seem expedient. Code, s. 2507; R. C, c. 66, s. 4; 1825, c. 1268, s. 2; 1903, c. 567, s. 1. 4035. How FUNDS INVESTED. The state Board of Education is authorized to invest in North Carolina four per cent bonds or in other safe interest-bearing securities, the interest on which shall be used as may be directed from time to time by the General As- sembly for school purposes. 1891, c. 369. Note. — Sections 4036-4052 concern swamp lands. III. LOANS FOR BUILDmG SCHOOLHOUSES. Summary. — The State Board may make loans from the liter- ary FUND TO THE COUNTY BOARD FOR BUILDING SCHOOLHOUSES, ANY SUCH LOAN TO BE RELOANED BY THE COUNTY BOARD TO THE SCHOOL DISTRICT. Such loans bear 4 per cent interest and. are a lien ON ALL THE COUNTY SCHOOL FUNDS, AND MUST BE REPAID IN TEN EQUAL INSTALLMENTS. AlL LOANS ABE MADE UNDER SUCH RULES AND REGULATIONS AS THE STATE BoARD MAY ADOPT.* 4053. Made by State Board. The State Board of Education, under such rules and regulations as it may deem advisable, not inconsistent with the provisions of this chapter, may make loans from the State literary fund to the county board of education of any county for the building and improving of public schoolhouses or dormitories for rural high schools and county farm-life schools in such county; but no warrant for the expenditure of any money for such purposes shall be issued by the Auditor except upon the order of the State Superintendent of Public Instruction, with the approval of the State Board of Education. 1903, c. 567, ss. 1, 2, 8; 1913, c. 149. 4054. Terms of. Loans made under the provisions of this chapter shall be payable in ten installments, shall bear interest at four per centum, payable annually, and shall be evidenced by the note of the county board of education, executed by the chair- *The State Superintendent, on application, will furnish the rules regulating this subject. 40 man and secretary thereof, and deposited with the State Treas- urer. The first installments of such loan, together with the in- terest on the whole amount then due, shall be paid by the county board on the tenth day of February after the tenth day of August subsequently to the making of such loan, and the remaining in- stallments, together with the interest, shall be paid, one each year, on the tenth day of February of each subsequent year, till all shall have been paid. 1903, c. 567, s. 3. 4055. How SECTJKED AND PAID. At the January meeting of the county board of education, before any installment shall be due on the next tenth day of February, the county board shall set apart out of the school funds an amount sufficient to pay such install- ment and interest to be due, and shall issue its order upon the treasurer of the county school fund therefor, who, prior to the tenth day of February, shall pay over to the State Treasurer the amount then due. And any amount loaned under the provisions of this law shall be a lien upon the total school funds of such county, in whatsoever hands such fund may be; and upon failure to pay any installment or interest, or part of either, when due, the State Treasurer may deduct a sufficient amount for the pay- ment of the same out of any fund due any county from any special State appropriation for public schools, or he may bring action against the county board of education of such county, any person in whose possession may be any part of the school funds of the county, and the tax collector of such county; and if the amount of school fund then on hand be insufficient to pay in full the sum so due, then the State Treasurer shall be entitled to an order directing the tax collector of such county to pay over to the State Treasurer all moneys collected for school purposes until such debt and interest shall have been paid. 1903, c. 567, s. 4. 4056. Loans by county boards to school districts. The county board of education, from any sum borrowed under the provisions of this chapter, may make loans to any district in such county for the purpose of building schoolhouses in such district, and the amount so loaned to any district shall be payable in ten annual installments, with Interest thereon at four per centum, payable annually. At the January meeting of such county board it shall deduct from the apportionment made to any district which has borrowed under the provisions of this chapter, the installment and interest then due, and shall continue to deduct such amount at each annual January meeting until the whole amount shall have been paid, together with interest. 1903, c. 567, s. 5. Note. — Sections 4057-4084 concern the Text-book Commission. [Under this section the county hoard of education may make an additional apportionment out of its building fund to assist a dis- trict to repay its annual interest and installment on its loan.] 41 IV. THE SCHOOL SYSTEM AND THE COURSE OF STUDY. Summary.— TuE system of public education must be uniform AND FREE TO AT.T. CHILDKEN BETWEEN THE AGES OF SIX AND TWENTY- ONE YEARS. Separate schools must be provided for white, col- ored AND Indian children, without race discrimination. The course of study must include spelling, reading, writing, arith- metic, DRAWING, language LESSONS AND COMPOSITION, ENGLISH grammar, geography, history of north carolina and the united States, and elements of civil government, containing the Con- stitutions OF North Carolina and of the United States, and text-book instruction in physiology and hygiene. Other sub- jects may be taught in elementary schools when prescribed by the State Board of Education. The State Superintendent pre- scribes fHE course of study FOR HIGH SCHOOLS UNDER THE LAWS OF 1907. All school officials are required to take oath for THE faithful PERFORMANCE OF THEIR DUTIES. 4085. Uniform system; compulsory attendance. The people have the right to the privilege of education, and it is the duty of the State to guard and maintain that right; and religion, morality and knowledge being necessary to good government and the happi- ness of mankind, schools and the means of education shall forever be encouraged. The General Assembly shall provide, by taxation and otherwise, for a general and uniform system of public schools, wherein tuition shall be free of charge to all children of the State between the ages of six and twenty-one years; and the General Assembly is empowered to enact that every child of sufficient mental and physical ability shall attend the public schools, during the period between the ages of six and eighteen years, for a term of not less than sixteen months, unless educated by other means. Const., Art. I, s. 27; Art. IX, ss. 1, 2, 15. 4086. Separate schools for races; no discrimination against either race. The children of the white race and the children of the colored race shall be taught in separate public schools, but there shall be no discrimination in favor of or to the prejudice of either race. All white children shall be taught in the public schools provided for the white race, and all colored children shall be taught in the public schools provided for the colored race; but no child with negro blood in his veins, however remote the strain, shall attend a school for the white race, and no such child shall be considered a white child. The descendants of the Croatan Indians now living in Robeson and Richmond counties shall have separate schools for their children, as hereinafter provided in this chapter. Const., Art. IX, s. 2; 1901, c. 4, s. 68; 1903, c. 435, s. 22. [It is the duty of the county boards of education to provide sepa- rate school facilities for the Cherokee Indian children residing in the western part of this State, when not otherwise provided for.] 4087. What taught. The branches to be taught in all the pub- lic schools shall be spelling, reading, writing, arithmetic, drawing. 42 language lessons and composition, English grammar, geography, the history of North Carolina and the United States and elements of civil government containing the Constitution of North Carolina and of the United States, elements of agriculture, and oral and text-book instruction in elementary physiology and hygiene, in- cluding the nature and effect of alcoholic drinks and narcotics: Provided, that in public schools employing more than one teacher the elements of civil government, physiology and hygiene, includ- ing the nature and effect of alcoholic drinks and narcotics and such other subjects of study as the State Board of Education may direct, shall be taught, after adequate provision shall have first been made for the thorough teaching of the branches before named. 1905, c. 533, s. 9; 1901, c. 4, s. 37. [High school branches can not 6e taught in schools having only one teacher, and may &e taught in schools having more than one teacher only after adequate provision has first heen r)iade for the thorough teaching of the elementary branches mentioned in this section.] 4088. Oath of office taken by officiaxs. The members of the county board of education, the school committeemen and the county superintendent of public instruction shall, before entering upon the duties of office, take oath for the faithful performance thereof. 1901, c. 4, s. 45. V. THE GENERAL POWEES AND DUTIES OF THE STATE SUPEEINTEIVDENT. Summary. — The Superintendent is required to publish the SCHOOL LAVf, make A BIENNIAL REPORT TO THE GOVERNOR, KEEP HIS OFFICE AT THE CAPITOL, AND SIGN ALL ORDERS FOR MONEY PAID OUT OF State Treasury for educational purposes. He has general DIRECTION OF THE SCHOOL SYSTEM AND THE ENFORCEMENT OF THE SCHOOL LAW, ALL SCHOOL OFFICERS BEING REQUIRED TO OBEY HIS IN- STRUCTIONS AND HIS INTERPRETATION OF THE LAW. He IS REQUIRED TO BE ACQUAINTED WITH THE EDUCATIONAL CONDITION OF ALL SEC- TIONS OF THE State, and he must also keep in touch with the educational progress of other states.* 4089. Shall equip office, print and circulate school law, SUPERINTEND PUBLIC SCHOOLS. The Superintendent of Public In- struction of North Carolina shall have the school laws published *In addition to these general duties, the State Superintendent has the following duties: Supervision and control of normal department of Cullowhee High School, Rev. 1905, 4228; Secretary Text-book Commission, Rev. 1905, 4057; trustee of State Library, Rev. 1905, 5069; president of board of directors State Normal and Industrial College, Rev. 1905,4252; chairman of trustees of East Carolina Training School, Laws 1907; chairman State Board of Examiners, Laws 1907; prescribes course of study for public high schools, Laws 1907; makes rules and regulations for rural libraries, Rev. 1905; Member board of trustees of Appalachian Training School, Laws 1907; Chairman ex-officio Board of Trustees of the School for the Feeble Minded, Laws 1911; Chairman ex-officio Board of Trustees of Cullowhee Normal and Industrial School, Laws 1913. 43 in pamphlet form and distributed on or before the first day of May of each year. He shall send to each officer a circular letter enumerating his duties as prescribed in this chapter. He shall have printed all the forms necessary and proper for the purposes of this chapter, and he is hereby authorized to have printed as other public printing and distributed such educational bulletins as he shall deem necessary for the professional improvement of teachers and for the cultivation of public sentiment for public education, and shall look after the school interests of the State, and report biennially to the Governor, at least five days previous to each regular session of the General Assembly, which report shall give information and statistics of the public schools and recommend such improvements in the school law as may occur to him. He shall keep his office at the seat of government, and shall sign all requisitions on the Auditor for the payment of money out of the State Treasury for school purposes. Copies of his acts and decisions and of all papers kept in his office and authenticated by his signature and official seal shall be of the same force and validity as the original. He shall be furnished with such room, fuel, and stationery as jjhall be necessary for the efficient discharge of the duties of his office. 1900, c. 525. 4090. Shall construe and enforce law; ascertain best SCHOOL methods. He shall direct the operations of the system of public schools and enforce the laws and regulations in relation thereto. The county board of education and all other school offi- cers in the several counties shall obey the instructions of the State Superintendent and accept his constructions of the school law. It shall be his duty to correspond with leading educators in other States and to investigate systems of public schools estab- lished in other States, and, as far as practicable, render the re- results of educational efforts and experiences available for the information and aid of the Legislature and State Board of Edu- cation. 1901, c. 4, s. 8; 1903, c. 435, s. 1. 4091. Shall counsel county boards; hold institutes, etc. It shall be his duty to acquaint himself with the peculiar educa- tional wants of the several sections of the State, and he shall take all proper means to supply such wants, by counseling with county boards of education and county superintendents, by lectures be- fore teachers' institutes and by addresses to public assemblies on subjects relating to public schools and public school work. 1901, c. 4, s. 9. 4092. Duties as to loan fund. He shall go to any county when necessary for the due execution of the law creating a per- manent loan fund for the erection of public school houses He shall include in his annual reports a full showing of everything 44 done under the provisions of the law creating the permanent loan fund for the erection of public school buildings. 1903, c. 751, ss. 11, 12. VI. SCHOOL FUNDS PROYIDED BY THE STATE. Summary. — 1. The income of the permanent school fund, ok LITERARY FUND, CONSISTS OF THE PROCEEDS OF THE FOLLOWING: (a) LAND GRANTS FROM UNITED STATES; (&) MONEYS, STOCKS, bonds; (c) SALES OF SWAMP LANDS; (d) GRANTS, GIFTS OR DEVISES. All THESE SOURCES OF INCOME ARE AT PRESENT UNPRODUCTIVE EXCEPT (c). The State Board of Education now uses the literary FUND TO aid in BUILDING SCHOOLHOUSES, WHICH MAKES INOPERA- TIVE sections 4094-4096 below. See sections 4053-56. 2. ANNXfAL APPROPRIATION OF $250,000, (SeE SECTION 1, SIX MONTHS SCHOOL LAW.) 4093. Special permanent fund. The proceeds of all lands that 'have been or may hereafter be granted by the United States to this State and not otherwise appropriated by this State or the United States; also all moneys, stocks, bonds and any other prop- erty now belonging to any State fund for the purposes of educa- tion; also the net proceeds of sales of swamp lands belonging to the State, and all other grants, gifts or devises that have been made or hereafter may be made to this State and not otherwise appropriated by this State or by the terms of the grant, gift or devise, shall be paid into the State Treasury, and, together with so much of the ordinary revenue of the State as may be set apart for that purpose, shall be faithfully appropriated for establishing and maintaining a system of free public schools, as established in pursuance of the Constitution, and for no other purpose what- soever. And all funds of the State heretofore derived from the sources enumerated in section four, article nine of the State Con- stitution, and all funds that may be hereafter so derived, together with any interest that may accrue thereon, shall be a fund sepa- rate and distinct from the other funds of the State, to be known as the State literary fund. Const., Art. IX, s. 4; 1901, c. 4, s. 4; 1903, c. 567, s. 1. 4094. Apportionment of income of school fund. The State Board of Education shall, on the first Monday in August of each and every year, apportion among the several counties of the State all the school funds which may be then in the treasury of the board and order a warrant for the full apportionment to each county, which apportionment shall be made on the basis of the school population; but no part of the permanent school fund shall be apportioned or distributed, but only the income therefrom. The State Auditor shall keep a separate and distinct account of the public school funds and of the income and interest thereof, and also of such moneys as may be raised by State, county and capita- tion tax, or otherwise, for school purposes. 1901, c. 4, s. 1. 45 4095. Appobtionment, how paid. Upon the receipt of the requi- sition of the treasurer of any county, duly approved by the chair- man and secretary of the county hoard of education, for the school fund which may have been apportioned to such county, the State Board of Education shall issue its warrant on the State Auditor for the sum due such county, whereupon the Auditor shall draw his warrant on the treasurer of the State Board of Education in favor of such county treasurer for the amount set forth in the warrant of the State Board. 1901, c. 4, s. 2. 4096. Warrants, how drawn and endorsed. The State Treas- urer shall receive and hold as a special deposit all school funds paid into the treasury, and pay them out only on the warrant of the Auditor, issued on the order of the State Board of Education in favor of a county treasurer, duly endorsed by the county treas- urer in whose favor it is drawn, and it shall be the only valid voucher in the hands of the State Treasurer for the disbursement of school funds. 1901, c. 4, s. 3. See Six Months School Law, page 8. yil. SCHOOL FUNDS PKOVIDED BY COUNTY AND LOCAL TAXATION AND APPORTIONMENT OF THE SAME. Summary. — 1. The proceeds of the sale of estrays; all fines, penalties and forfeitures; liquor license taxes and auction- eers' license tax. 2. The proceeds of three-fourths of the general poll tax, the maximum of which is two dollars, on all male persons between twenty-one and fifty years of age.* 3. The proceeds of a twenty-cents tax on each $100 assessed valuation of real and personal property.* 4. The proceeds of a maximum special tax of 30 cents on EACH $100 assessed VALUATION OF PROPERTY AND 90 CENTS ON EACH poll which may be levied by a majority vote of the qualified voters of any incorporated town or school district. 5. The proceeds of a maximum township high school tax of 30 cents on each $100 assessed valuation of property and 90 cents n each poll which may be levied by a majority vote of the qualified voters of any township. 6. The proceeds of such special school tax as any town or city by its charter or by a special act of the General Assem- bly may acquire the right to levy by the approval of a ma- jority OF ITS QUALIFIED VOTERS. The APPORTIONMENT OF THE PROCEEDS OF THE StATE FUNDS AND THOSE INCLUDED IN 1-3 ABOVE IS CONTROLLED BY THE COUNTY BOARDS OF EDUCATION, ACCORDING TO SECTION 4116, BELOW; ALL OTHER SCHOOL •Revisal 1905, sees. 5109 and 5110; Constitution, Art. V, sees. 1 and 2. 46 FUNDS AND ENTIKELY UNDER THE CONTROL OF THE LOCAL SCHOOL COM- MITTEES OB BOARDS OF EDUCATION. 4107. County educational fund fob free public schools. All moneys, stocks, bonds and other property belonging to a county school fund; also the net proceeds from sales of estrays; also the clear proceeds of all penalties and forfeitures, and of all fines collected in the several counties for any breach of the penal or military laws of the State, and all moneys which shall be paid by persons as equivalent for exemption from military duties; also the net proceeds of any tax imposed on licenses to retailers of wines, cordials or spirituous liquors, and to auctioneers, shall be- long to and remain in the several counties and shall be faithfully appropriated for establishing and maintaining free public schools in the several counties as established in pursuance of the Consti- tution. The amount collected in each county shall be reported an- nually to the State Superintendent of Public Instruction. Const., Art. IX, s. 5; 1901, c. 4, s. 5. 4108. County officers file list of fines and penalties with COUNTY boards OF EDUCATION. The clcrks of all State and munici- pal courts, justices of the peace, and the clerks or other officials having in custody the records of any city or town in the State shall furnish to the county board of education of their respective counties, on the first Monday of July and January of each year, a detailed statement of fines, forfeitures and penalties which go to the school fund, that have been imposed or which have accrued, this information to be furnished on blanks prepared by the State Department of Public Instruction. 1901, c. 4, s. 62; 1913, c. 149. 4109. Tax lists to have separate columns for school taxes. The Auditor shall include on the form which he furnishes to the board of county commissioners, and on which the tax lists are to be made out, separate columns for school poll tax and school property tax and for special county and district taxes on property and polls. In one of these columns shall be written the total poll tax levied by the State and by the county authorities for schools and due by the taxpayer. In the other column shall be written the total property tax levied by the State and by the county authorities and due by the taxpayer. 1901, c. 4, s. 60. 4110. Register of deeds to furnish arstracts of tax lists to COUNTY board. The register of deeds shall furnish to the county board of education, as soon as the tax lists are made out, an ab- stract of such lists, showing in separate columns the total amount of poll tax on such lists, and also the total amount of property tax thereon, and also in another column the amount of special county and district poll taxes, and in a separate column the amount of special county and district property taxes; and shall 47 furnish such other information from his office as the county board of education may require. 1901, 0. 4, s. 61. 4111. Sheriff's liability, civil and criminal, fok failure to SETTLE SCHOOL TAX. The Sheriff of each county shall pay annually in money to the treasurer of the county school fund, on or before the thirty-first day of December of each year, the whole amount for school purposes collected by both State and county, less his lawful commission for collecting the same, and such sum as may be allowed on account of insolvents for the current year, and on failing to do so shall be liable to an action on his official bond for his default in such sum as will cover such default, such action to be brought to the next ensuing term of the Superior Court in the name of the State upon the relation of the board of county commissioners. In making settlement with the treasurer the sheriff or tax collector shall make separate account of insolvents and delinquents allowed, whether on property or capitation tax. The county superintendent shall make copies of the fines and pen- alties reported by justices of the peace and reported to clerk of Superior Court, and file the same with the county board. Code, s. 723; 1901, c. 4, s. 54; 1905, c. 533, s. 20. 4112 (Substitute for). On or before the first Monday in June of each and every year the county board of education of each county shall ascertain the amount of money needed to maintain the public schools of such county for four months during the suc- ceeding school year. The county board of education, using as a basis the receipts for school purposes during the current school year ending June thirtieth thereafter, shall ascertain the amount that will be available for school purposes from the general school tax, from fines, forfeitures, and penalties, and from the annual per capita appropriation to the county from the special State ap- propriation for public schools under this act. If the amount re- ceived and to be received from these sources is less than the amount ascertained to be needed for a full four months school term in every public school district of the county, said county board of education shall submit to the board of county commis- sioners of said county an itemised statement of the amounts needed for supervision, for administration, for buildings and re- pairs, for salaries of teachers, and for all other expenses allowed by law. The statement shall also set forth the number of teach- ers, white and colored, to be employed in each district, and the salary of each teacher in each district. The limitation placed by law on each of these objects shall not be exceeded. It shall there- upon be the duty of the board of county commissioners to levy a special tax on all property, real and personal, and on all taxable polls, subject to the constitutional limitation as to poll tax, in said county sufficient to supply the deficiency needed for the support and maintenance of the public schools of said county for four months in each school district: Provided, that no county 48 shall he compelled to levy a special tax of more than fifteen cents on every hundred dollars value of property, real and personal, and forty-five cents on every taxable poll for said purpose. The said tax shall be levied and collected at the saine time and in the same manner as other county taxes are levied and collected, and the funds derived therefrom shall be apportioned and ex- pended by the county board of education for maintaining one or more public schools in each school district for a term of four months in each year. In the event of a disagreement between the county board of education and the board of county com- missioners as to the amount of the deficiency to be supplied for a four months school, and as to the rate of tax to be levied therefor, or of the refusal of any board of county commissioners to levy said tax, the county board of education^ shall bring an action in the nature of mandamus against the board of county commissioners to compel the levying of such special tax in the manner and form as provided in sections eight hundred and twenty-two and eight hundred and twenty-four of The Revisal of one thousand nine hundred and five of North Carolina, and it shall be the duty of the judge hearing the same to find the facts as to the amount needed and the amount available from the sources herein specified, which finding shall be conclusive, and to give judgment requiring the county commissioners to levy the sum which he shall find necessary to maintain the schools for four months in said county. No county shall receive any part of the State Equalizing School Fund provided by this act until it shall have levied the special tax herein required of it for a four months school term in every school district. 1913, c. 33, s. 8. 4113. Special tax may be voted for township high schools. In any township, upon petition of one-fourth of the freeholders of the township, approved by the county board of education, the board of county commissioners, after thirty days notice at the courthouse door and three public places in the township, shall hold an election to ascertain the will of the people within the township whether there shall be levied in said township a special annual tax of not less than ten cents nor more than thirty cents on the one hundred dollars valuation of property and not less than thirty cents nor more than ninety cents on each poll, in addi- tion to all other taxes levied for all other purposes, to be used for the establishment of a central high school or high schools in said township, in case such special tax is voted. The board of county commissioners shall appoint a registrar and order a new registration for said township, and said election shall be held in the said township under the law governing general elections, as nearly as may be, and the expenses of such election shall be paid out of the general county school fund. At said election those who are in favor of the levy and collection of said tax shall vote a ticket on which shall be printed or written the words "For 49 High School Tax," and those who are opposed shall vote a ticket on which shall be printed or written the words "Against High School Tax." In case a majority of the qualified voters at said election are in favor of said tax, then so much of the tax on prop- erty and polls herein provided for as in the judgment of the com- mittee may be necessary shall be annually levied and collected in the manner prescribed for the levy and collection of other taxes. All moneys levied under the provisions of this section shall, upon collection, be placed by the treasurer of the county school fund to the credit of the township high school committee, composed of three members, appointed by the county board of edu- cation, and shall be expended exclusively by said committee in establishing and maintaining one or more high schools in said township, under such rules and regulations as to ij;s conduct and such course or courses of study as shall be prescribed by the State Superintendent of Public Instruction. The powers, duties and qualifications of the committeemen provided for in this section shall be similar to those of other school committeemen, and they shall have the same power to apportion the funds so raised as is conferred upon the county board of education for apportionment of the general fund among the schools of the township. And the provisions of this section shall not be so construed as to prevent the teaching of the elementary branches in such high schools as may be established, nor so construed as to prevent the county board of education from making such apportionment of public school funds to such high schools as they may deem equitable and just: Provided, that township high schools may also be estab- lished without the levying of a special high school township tax, where the public funds are sufficient for that purpose, under such rules and regulations as to organization and course of study as the State Superintendent of Public Instruction shall prescribe: Provided, further, that high school subjects may be taught in all public schools employing more than one teacher, according to such rules and regulations as to organization and course of study as shall be prescribed by the State Superintendent of Public In- struction, where the public funds are sufficient to provide for such teaching; but the high school branches taught in such schools shall not interfere with the thorough teaching of the elementary branches. 1905, c. 533, s. 13. 4114. Special tax may be voted in cities and towns. In every incorporated city or town in which there is not now levied a special tax for schools, upon a petition signed by one-fourth of the freeholders therein, the board of aldermen or town commissioners of said city or town shall, at the date of municipal or general election next ensuing, upon the presentation of said petition, order an election to be held to ascertain the will of the people whether there shall be levied in such city or town a special annual tax of 50 not more than thirty cents on the one hundred dollars valuation of property and ninety cents on the poll to supplement the public school fund in such city or town. Said election shall be held in the different election precincts or wards under the law governing municipal or general elections in said cities or towns. At said election those who are in favor of the levy and collection of said tax shall vote a ticket on which shall be printed or written the words "For Special Tax," and those who are opposed shall vote a ticket on which shall be printed or written the words "Against Special Tax." In case a majority of the qualified voters at said election is in favor of said tax, the same shall be annually levied and collected in such town or city in the manner prescribed for the levy and collection of other city taxes. All moneys levied under the provisions of this section shall, upon collection, be placed to the credit of the town school committee, composed of not less than five nor more than seven members, appointed by the board of aldermen for said city or town, and shall be by said committee expended exclusively upon the public schools in said city or town; and there shall be but one school district in the said city or town, in which there may be established one or more schools for each race, and the school committee shall apportion the money among said schools in such manner as in their judg- ment will equalize school facilities. 1901, c. 4, s. 71. 4115. Special tax may be voted in special school districts. Special school tax districts may be formed by the county board of education in any county, without regard to township lines, under the following conditions: Upon a petition of one-fourth of the freeholders within the proposed special school district, in whose names real estate in such district is listed in the tax lists of the current fiscal year, endorsed by the county board of educa- tion, the board of county commissioners, after thirty days notice at the courthouse door and three public places in the proposed district, shall hold an election to ascertain the will of the people within the proposed special school district whether there shall be levied in such district a special annual tax of not more than thirty cents on the one hundred dollars valuation of property and ninety cents on the poll to supplement the public school fund which may be apportioned to such district by the county board of education in case such special tax is voted. The board of county commis- sioners shall appoint a registrar and two pollholders, and shall designate a polling place and order a new registration for such district, and the election shall be held in the district under the law governing general elections, as near as may be, and the reg- istrar and pollholders shall canvass the vote cast and declare the result, and shall duly certify the returns to the board of county commissioners, and the same shall be recorded in the records of said board of commissioners: Provided, the expense of holding said election shall be paid out of the general school fund of the 51 county. At such election those who are in favor of the levy and collection of the tax shall vote a ticket on which shall be printed or written the words "For Special Tax," and those who are op- posed shall vote a ticket on which shall be printed or written the words "Against Special Tax." In case a majority of the qualified voters at the election is in favor of the tax, the same shall be an- nually levied and collected in the manner prescribed for the levy and collection of other taxes. All moneys levied under, the pro- visions of this section shall, upon collection, be placed to the credit of the school committee in such district, which committee shall be appointed by the county board of education, and such school committee shall apportion the money among the schools in such district in such manner as in its judgment shall equalize school facilities. Upon the written request of a majority of the committee or trustees of any special tax district, the county board of education may enlarge the boundaries of any special tax dis- trict established under this section, or by special act or charter of the General Assembly of North Carolina, so as to include any contiguous territory, and an election in such new territory may be ordered and held in the same manner as prescribed in this section for elections in special tax districts; and in case a ma- jority of the qualified voters in such new territory shall vote at such election in favor of a special tax of the same rate as that voted and levied in the special tax district to which said territory is contiguous, then the new territory shall be added to and become a part of the said special tax district; and in case a majority of the qualified voters at such election shall vote against said tax, the district shall not be enlarged. Upon petition of two-thirds of the qualified voters residing in any special tax district estab- lished under this section, endorsed and approved by the county board of education, the board of county commissioners shall order another election in said district for submitting the question of revoking said tax and abolishing said district, to be held under the provisions prescribed in this section for holding other elec- tions: Provided, that no election for revoking a special tax in any special tax district shall be ordered and held in said district within less than two years from the date of the election at which the tax was voted and the district established, nor at any time within less than two years after the date of the last election on said question in said district; and no petition revoking such tax shall be approved by the county board of education oftener than once in two years, and if at such election a majority of the quali- fied voters in said district shall vote "Against Special Tax," said tax shall be deemed revoked and shall not be levied, and said district shall be discontinued: Provided, further, that the pro- visions for ordering a new election to revoke a special tax in any special tax district shall not apply to elections in such districts for increasing or restoring the special tax levy in such district, which elections may be ordered and held at any time in accord- 52 ance with the provisions of this section for establishing new special tax districts. 1901, c. 4, s. 72; 1903, c. 435, s. 24; 1905, c. 533, s. 14; 1909, c. 525; 1911, c. 135. 4116. (Substitute fob). Apportionment of school funds; BESEBVATioN OF CONTINGENT FUND. The county board of education shall, on the first Monday in January and the first Monday in July of each year, apportion the school fund of the county to the various school districts; hut it shall, before apportioning the school fund, reserve as a contingent fund an amount sufficient to pay the sal- ary of the county superintendent and per diem and expense of the county board of education; and may further reserve as a fund for building and repairing schoolhouses and for equipment, in counties with a total school fund of five thousand dollars or less, not more than twenty per centum thereof; in counties with a total school fund of over five thousand dollars and not more than ten thousand dollars, not more than sixteen per centum thereof; in counties with a total school fund of over ten thousand dollars and not more than twenty-five thousand dollars, not more than ten per centum thereof; in counties with a total school fund of over twenty-five thousand dollars, not more than seven and a half per centum thereof, to be used as directed in section four thou- sand one hundred and twenty-four. It shall be the duty of the county board of education to distribute and apportion the school money so as to give to each school in the county for each race the same length of school term, as nearly as may be, each year. In making the apportionment the board shall have proper regard for the grade of work to be done and the qualifications of the teachers required in each school for each race. As soon as the apportion- ments are made it shall be the duty of the board to notify the school committeemen and the treasurer of the county school fund of the amount apportioned to each school, designating each school by number, and stating whether for white, colored or Indian, and naming the township and county. Funds unused by any district during any year shall, if still unused at the January meeting sub- sequent to the close of the school year, be returned to the general school fund for reapportionment, unless such district shall have been prevented from using such funds during that year by provi- dential or other unavoidable causes. Provided, that in the discretion of the county board of educa- tion it may also reserve sufficient funds, after first providing for a six months school term in every school district, to pay a part of the cost, not to exceed one-half, necessary to employ a capable physician for his entire time as county health officer whose elec- tion meets with the approval of said board and whose duties shall be specified by the county board of health to embrace those pro- vided for in that part of section eleven, chapter sixty-two, of the public health laws of one thousand nine hundred and eleven, re- lating to the medical inspection of schools and school children; 53 and he shall lecture to the teachers in their meetings and supply them with printed instructions regarding measures for the proper care of the body, the recognition and prevention of disease, the recognition, prevention and correction of physical defects, etc.; and he shall keep an accurate daily record of the work he does under the provisions of this act and make weekly, monthly or quarterly reports giving such information as may 6e called for by blanks to be furnished by and returned to both the county board of education and the State Superintendent of Public In- struction; and if the county health officer should neglect for a period of ninety days to carry out the spirit of this act, unless his entire time should be required to fight an epidemic of some contagious or infectious disease, the county board of education may in its discretion withdraw its financial aid in his employ- ment. 1913, c. 149. SUGGESTIONS ON APPORTIONING SCHOOL FUND. 1. Determine first of all what the total school fund is, including the county's per capita apportionment from the State appropria- tion of $250,000. 2. Next reserve the contingent fund to pay the salary and ex- penses of the county superintendent, and the mileage, per diem and expenses of the county board, and the expenses of the county institute. 3. Reserve, if necessary, what may be needed for building, ob- serving that the amount for this purpose is limited according to the amount of the total fund. 4. After fixing the monthly salary of each teacher of each school of each race and the allowance to each school for inci- dental expenses, apportion the balance so as to give the same length of school term to each school of each race or as nearly as may be. 5. Having ascertained the balance available for apportionment for teachers' salaries and incidental expenses, proceed as follows to ascertain the amount to be apportioned to each district for each race to secure the same length of school term in each as required by law: (a) Ascertain the aggregate monthly salaries of all teachers, white and colored, as fixed, and the aggregate monthly allowance for incidental expenses for all schools of the county. (5) These two amounts added will give the total cost per month of all schools. (c) Divide the balance available for apportionment by this sum, and it will give the length of the term in months of each school. (d) Multiply the monthly expense of each district for salary of teacher or teachers and incidental expenses by the quotient so obtained and the product will be the amount to be apportioned to each district. 54 4117. Apportionment, basis of. The semiannual apportionment of public school money shall be based upon the amounts actually received by the county treasurer from all sources and reported by him to the county board of education, as required by this chapter. 1901, c. 4, s. 25. 4118. Fiscal school yeak. The fiscal school year shall begin on the first day of July and close on the thirtieth day of June next succeeding. 1901, c. 4, s. 67. VIII. THE POWERS AJO) DUTIES OF THE COUNTY BOARD OF EDUCATION. Summary. — The county boaed is composed of three members APPOINTED BY THE GENERAL ASSEMBLY. CORPORATE POWERS AS TO AC- QUIRING, HOLDING AND DISPOSING OF SCHOOL PROPERTY ARE CON- FERRED ON THIS BOARD, AND IT HAS ADDITIONAL POWER TO MAKE REGULATIONS GOVERNING THE ATTENDANCE OF PUPILS ON THE SCHOOLS AND OF TEACHERS ON EDUCATIONAL MEETINGS. THIS BOARD ALSO CONTROLS THE TIME THE SCHOOLS MAY BE IN SESSION, THE BUILDING AND REPAIR OF ALL SCHOOLHOUSES, AND MAY CREATE OB ABOLISH OR CONSOLIDATE SCHOOL DISTRICTS. In ADDITION TO THE EXERCISE OF THE USUAL CORPORATE POWERS, THIS BOARD MAY CONDEMN LAND FOR SCHOOL SITES AND MAY PUNISH FOR CONTEMPT. ALL NECESSARY POWER TO ENFORCE THE SCHOOL LAW IS CONFERRED ON THIS BOARD, WITH EXPLICIT POWER TO REMOVE THE COUNTY SUPERINTENDENT UPON THE COMPLAINT OF THE StATE SUPERINTENDENT, AND TO REMOVE ANY TEACHER FOR IMMORAL CONDUCT. 4119. Election of; vacancies in, how filled. The General As- sembly of one thousand nine hundred and nine shall appoint three men in each county, who shall constitute the county board of edu- cation — one for a term of office of two years, one for a term of office of four years and one for a term of office of six years. The term of office of each shall begin on the first Monday in July next succeeding his appointment. Each succeeding General Assembly, at its regular session, shall appoint one member of the county board of education in place of the member whose term of office expires on the first Monday in July next succeeding that meeting of the General Assembly, and his term of office shall continue for six years from the first Monday in July next succeeding his ap- pointment and until his successor is duly appointed and qualified: Provided, that the provisions of this section shall not apply to those counties in which the county boards of education were, at the general election of nineteen hundred and eight, elected by a vote of the people. No person shall be eligible as a member of the county board of education who is not known to be a man of intelli- gence, of good moral character, of good business qualifications, and heartily in favor of public education. In case of a vacancy in the county board of education, by death, resignation, or otherwise, such vacancy shall be filled by the remaining members of such 55 county board until the next General Assembly meets and acts: Provided, that this act shall not apply to vacancies heretofore fill:d under this section; but if such vacancy should remain un- filled for thirty days after it occurs, it shall be filled by the State Board of Education. Upon failure of the General Assembly to appoint one or more members of the county board of education for any county as herein provided, such failure shall constitute a vacancy, which shall be filled by the State Board of Education: Provided, that no person, while actually engaged in teaching in the public schools, shall be eligible as a member of the county board of education. 1901, c. 4, s. 12; 1903, c. 269, c. 439, s. 3; 1905, c. 533, s. 3; 1909, c. 435; 1913, c. 149. 4120. Qualification of membeks; failure to qualify; vacancy. Those persons who shall be appointed members of the county board of education by the General Assembly must qualify by taking the oath of office on or before the first Monday in July next succeeding their appointment. A failure to qualify within that time shall constitute a vacancy, which shall be filled by the State Board of Education. Those persons who shall be elected or appointed to fill a vacancy must qualify within thirty days after notification thereof. A failure to qualify within that time shall constitute a vacancy, to be filled by the board which made such election or appointment. 4121. Incorporated; powers and duties of. The county board of education shall be a body corporate by the name and style of the County Board of Education of County, and by that name shall be capable of purchasing and holding real and personal estate, of building and repairing schoolhouses, of selling and transferring the same for school purposes, and of prosecuting and defending suits for or against the corporation. It shall have power and authority, and it shall be its duty, to institute and prosecute any and all actions, suits or proceedings against any and all officers, persons or corporations, or their sureties, for the recovery, preservation and application of all moneys or property which may be due to or should be applied to the support and main- tenance of the schools, except in case of a breach of his bond by the treasurer of the county school fund, in which ease action shall be brought by the county commissioners as is hereinafter provided. 1901, c. 4, s. 13; 1903, c. 435, s. 4. 4122. Rules and regulations for schools, teachers and PUPILS. The county board of education shall have power and authority to fix and determine the method of conducting the public schools in their respective counties, so as to furnish the most advantageous method of education available to the chil- dren attending the public schools in the several counties of the State; and such board and the county superintendent of public instruction shall have full power to make all just and needful 56 rules and regulations governing the conduct of teachers and pupils as to attendance on the schools, discipline, tardiness, and the gen- eral government of the schools. 1903, c. 435, s. 4. [Under the provisions of this section the county hoard and the county superintendent may make and enforce such attendance regulations as may be necessary to secure regular and prompt attendance on the part of the children. The same authority may also regulate the attendance of teachers on all meetings which may be thought to promote educational progress.} 4123. Time of opening and closing schools. The time of open- ing and closing the public schools in the several public school dis- tricts of the State shall be fixed and determined by the county board of education in their respective counties. The board may fix different dates for opening the schools in different townships, but all the schools of each township must open on the same date, as nearly as practicable, 1903, c. 435, s. 4. [This section simply means that the school term must not be divided and taught during different seasons of the year unless some epidemic or other providential cause interferes with the regular term. The county board must exercise this control if it would carry out the provisions of section 4II6.] 4124. SCHOOLHOUSES, BUILDING AND APPROVAL OF; CONTKACTS FOR. The building of all new schoolhouses shall be under the control and direction of and by contract with the county board of educa- tion. The board shall pay not exceeding one-half of the cost of the same out of the fund set aside for building, under section four thousand one hundred and sixteen, and the school district in which any schoolhouse is erected shall pay the other part, and upon failure of such district to provide its part by private sub- scription, or otherwise, the board is directed to take it out of the apportionment to that district; but the board shall not be author- ized to invest any money in any new house that is not built in accordance with plans approved by the State Superintendent of Public Instruction. All contracts for buildings shall be in writing, and all buildings shall be inspected, received and approved by the county superintendent of public instruction before full pay- ment is made therefor. 1903, c. 435, s. 4. [This means that the county board, out of the building fund which it may reserve by the provisions of section Ifll6, shall pay not exceeding one-half the cost of building any new schoolhouse, the other part of the expense to be borne by the district; but the board has complete control of the whole subject, and may forbid the erection of a school house in a district which ought not to ex- ist. It must be remembered that no house can be built except in accordance with plans approved by the State Superintendent, and the county board is charged with the duty of carrying into effect 57 this provision to secure neat, comfortable and attractive houses. Pamphlets containing plans of such houses as will be approved by the State Superintendent, together with specifications, esti- mates of cost and bills for material, will be furnished by the State Superintendent on application.'] 4126. Power of, to execute school law. In addition to all other duties and powers imposed and conferred upon it by law, the county board of education shall have general control and supervision of all matters pertaining to the public schools in their respective counties, and are given the powers to execute and are charged with the due execution of the school laws in their respec- tive counties; and all powers and duties conferred and imposed by this chapter and others laws of the State respecting public schools which are not expressly conferred and imposed upon some other official are conferred and imposed upon the county boards of education, and an appeal shall lie from all other county school officers to such board. 1901, c. 4, s. 14. 4126. Removal of county superintendent, members of county BOARD AND SCHOOL COMMITTEEMEN. In case the State Superintend- ent shall have sufficient evidence at any time that any county superintendent of public instruction or any member of the county board of education is not capable of discharging or is not dis- charging the duties of his office, as required by this chapter, or is guilty of immoral or disreputable conduct, he shall report the mat- ter to the county board of education, which shall hear evidence in the case; and if, after careful investigation, it shall find sufficient cause for his removal, it shall declare the office vacant at once and proceed to elect his successor. Either party may appeal from the decision of the county board of education to the State Board of Education, which shall have full power to investigate and review the decisions of the county board of education. . This section shall not deprive any county superintendent of the right to try his title to his office in the courts of the State. In case the county super- intendent shall have sufficient evidence at any time that any mem- ber of any school committee is not capable of discharging or is not discharging the duties of his office, he shall bring the matter to the attention of the county board of education, which shall thor- oughly investigate the charges, and shall remove such committee- man and appoint a successor, if sufficient evidence shall be pro- duced to warrant his removal and the best interests of the schools demand it. 1901, c. 4, ss. 10, 42. 4127. May hold investigations; issue subpoenas; service of same; appeal to Superior Court. The county board of education shall have power to investigate and pass upon the moral charac- ter of any teacher in the public schools of the county, and to dis- miss such teacher if found of bad moral character; also to inves- tigate and pass upon the moral character of any applicant for a 58 teacher's certificate or for employment as teacher in any public school in the county. Such investigation shall be made, after written notice of not less than ten days, to the person whose char- acter is to be investigated. The board shall have power to issue subpoenas for the attendance of witnecses. Subpoenas may be issued in any and all matters which may lawfully come within the powers of the board and which in the discretion of the board require investigation; and it shall be the duty of the sheriffs, coroners and constables to serve such subpoenas upon payment of their lawful fees. Appeals provided for in this chapter shall be regulated by rules to be adopted by the board. The Superior Courts of the State may review any action of the county board of education affecting any one's character or right to teach. 1901, c. 4, s. 15. 4128. PowEE TO PUNISH FOR CONTEMPT. The county board of education of each county shall have power to punish for contempt for any disorderly conduct or disturbance tending to interrupt it in the transaction of oflBlcial business. 1901, c. 4, s. 28. 4129. School districts, how formed. The county board of edu- cation shall divide the townships into convenient school districts, as compact in form as practicable. It shall consult the conven- ience and necessities of each race in setting the boundaries of the school district for each race, and shall establish no new school in any township within less than three miles by the nearest traveled route of some school already established in said township, nor shall it create any school district with less than sixty-five chil- dren of school age, unless such district shall contain at least twelve square miles or shall be separated by dangerous natural barriers from a schoolhouse in the district of which the proposed new district is a part. Nothing in this chapter shall prevent the board, whenever it shall deem it necessary for the good of the public schools, from forming a school district out of portions of two or more contiguous townships. School districts may be formed out of portions of contiguous counties by agreement and consent of the county boards of education of the two counties, and in case of the formation of such districts the per capita part of the public school money due the children residing in one county shall be apportioned 'by the county board of education of that county and paid to the treasurer of the other county in which the schoolhouse is located, to be placed to the credit of the school dis- trict so formed. , The county board of education of any county is authorized and empowered to change the boundary lines between local tax school districts in said county upon satisfactory evidence furnished to said board that the convenience and best interests of the resi- dents of the districts require such change: Provided, that this authority to change boundaries between local tax districts shall not have the effect of releasing any taxpayer from the obligation 59 of paying his school taxes, but shall be exercised only for trans- ferring said taxpayer and his property from one local tax district to another in which the same rate of special taxation for schools is levied. Upon the consolidation of two or more school districts into one by the county board of education, the said county board of edu- cation is authorized and empowered to make provision for the transportation of pupils in said consolidated district that reside too far from the schoolhouse to attend without transportation, and to pay for the same out of the apportionment to said consoli- dated districts: Provided, that the daily cost of transportation per pupil shall not exceed the daily cost per pupil of providing a separate school in a separate district for said pupils. 1901, c. 4, s. 29; 1903, c. 435, s. 12; 1905, c. 533, s. 7; 1909, c. 856; 1911, c. 135. 4130. May accept donations; may sell school property. The county board of education may receive any gift, grant, donation, or devise made for the use of any school within its jurisdiction. When in the opinion of the board any schoolhouse, schoolhouse site or other public school property has become unnecessary for public purposes, it may sell the same at public auction, after ad- vertisement of twenty days at three public places in the county, or at private sale. The deed for the property thus sold shall be executed by the chairman and secretary of the board, and the proceeds of the sale shall be paid to the treasurer of the county school fund. 1901, c. 4, ss. 30, 36. 4131. (Substitute for.) School sites may be acquired by gift, purchase or condemnation. The county board of education or the board of trustees of any incorporated or chartered graded school district may receive suitable sites for schoolhouses or school build- ings by donation or purchase. In case of purchase, the county board of education or any board of trustees aforesaid, shall issue an order on its treasurer for the purchase money, and upon payment of the order the title to the site shall vest in the corporation in fee simple. Whenever the boards above mentioned are unable to obtain a suitable site for a school or school building by gift or purchase, such board shall report to the county superintendent of public instruction, who shall, upon five days notice to the owner or owners of the land, apply to the clerk of the Superior Court of the county in which the land is situated for the appointment of three appraisers, who shall lay off by metes and bounds not more than two acres and assesss the value thereof. The same means may be used to obtain more land in a district lohere there is a house or a site previously obtained, but not more than three acres shall be procured, including the site already obtained. They shall make a written report of their proceedings, to be signed by them, or by a majority of them, to the clerk within five days from their appointment, who shall enter the same upon 60 records of the court. The appraisers and officers shall serve without compensation,. If the report is confirmed by the clerk, the chairman and the secretary of the board shall issue an order on the treasurer of the county school fund, or, if a graded school district, upon the treasurer of the graded school district, in favor of the owner of the land thus laid off, and upon the payment or offer of payment of this order the title to such land shall vest in fee simple in the corporation. Any person aggrieved by the action of the appraisers may appeal to the Superior Court in term, upon giving bond to secure the board against such costs as may be incurred on account of the appeal not being prosecuted with effect. 1901, c. i, s. 31; 1903, c. 435, s. 13; 1905, c. 533, s. 8; 1911, c. 135; 1913, c. 149. [Several acres of land ought always to be secured for the site of a rural school, if possible.] 4132. Deeds to be filed with clerk; secretary to keep index. All deeds to the county board of education shall be registered and delivered to the clerk of the Superior Court for safe keeping, and the secretary of the county board of education shall keep an index, by township and school districts, of all such deeds in a book for that purpose. 1901, c. 4, 32; 1903, c. 435, s. 14. [This section requires the county superintendent to keep a con- venient index of the deeds for all the school property of the county.] 4133. Meetings of; duties at. The county board of education shall meet on the first Monday in January, April, July and Octo- ber, and may, if necessary, continue in session two days, and it may have called meetings, of one day each, as often as once a month if the school business of the county require it. It shall, at the meetings in January, April, July and October, examine the books and vouchers and audit the accounts of the treasurer of the county school fund. The boards of education of the several coun- ties shall cause to be published annually on the first Monday of August in some newspaper published in the county, or at the courthouse door if there be no newspaper published therein, or in the printed annual school report of said county, an itemized statement of all receipts and expenditures of school funds. 1891, c. 460; 1901, c. 4, s. 27; 1903, c. 435, s. 26; 1905, c. 533, s. 21; 1911, c. 135; 1913, c. 149. 4134. Superintendent and treasurer to meet with, in July, to settle all business of fiscal year. On the first Monday in July the county board of education, county superintendent of pub- lic instruction and treasurer shall meet at the office of the board and settle all the business of the preceding fiscal year. The board shall on that day examine the reports of treasurer and county 61 superintendent, and if found correct shall direct them to be for- warded to the State Superintendent within thirty days thereafter. 1901, c. 4, s. 59; 1903, c. 435, s. 20. Compensation of members of board. The members of the county board of education shall receive two dollars per diem and the same mileage as is allowed to the members of the board of county commissioners of their counties. Revisal of 1905, v. 1, c. 66, s. 2786. IX. THE POWERS AND DUTIES OF THE COUNTY SUPEEINTENDENT. Summary. — The county superintendent is elected for a term OF two years by the county board on the first Monday in July. He must be a man of liberal education and of good moral char- acter, AND MUST also BE A PRACTICAL TEACHER OR HAVE HAD TWO years experience in teaching or supervising schools within five years immediately preceding his election. during the public school term he must visit the public schools, and he can not engage in school work which will nullify this requirement. The county superintendent is secretary of the county board, AND MUST have HIS OFFICE AT THE COUNTY SEAT. He IS REQUIRED TO HOLD TOWNSHIP TEACHERS' MEETINGS, SUPERVISE THE WORK OF THE TEACHERS, ATTEND THE STATE ASSOCIATION OF CoUNTY SUPERIN- TENDENTS, MUST INSTRUCT COMMITTEEMEN AS TO THEIR DUTIES, MUST DISTRIBUTE THE BLANK FORMS FURNISHED HIM BY THE STATE SUPER- INTENDENT, MUST MAKE REPORTS TO THE STATE SUPERINTENDENT, AND HE MUST FURNISH STATISTICS AS TO THE NUMBER OF DEAF AND DUMB AND BLIND CHILDREN IN HIS COUNTY IF THE COUNTY SCHOOL fund exceeds $15,000 annually, he may be paid such salary as the county board may fix; otherwise, his salary may be fixed at four per cent of the disbursements of the school fund, or it may be fixed at not less than $3 a day for the time actually employed. no voucher in the hands of the treasurer of the school fund is a valid voucher unless signed by the county superintendent. under certain conditions, the county superin- tendent has charge of the examination and certification of teachers. under section 4161, he must meet with committee- men for election of teachers, and such election must have his approval. 4135. Election, qualification and term of office; vacancy. The county board of education, on the first Monday in July, one thousand nine hundred and five, and biennially thereafter, shall elect a county superintendent of public instruction, who shall be at the time of his election a practical teacher, or who shall have had at least two years' experience in teaching or supervising schools loithin five years immediately preceding his election, and who also shall be a man of liberal education, and shall otherwise be qualified to discharge the duties of his office as required by law, due regard being given to experience in teaching. Such superin- tendent must be of good moral character, and shall hold his office 62 for a term of two years from the date of his election and until his successor is elected and qualified. Any person who has filled the office of county superintendent for four years next preceding the eleventh day of March, one thousand nine hundred and one, shall be eligible to such office in Bertie and Bladen and Columbus coun- ties, if the election of such person meets the approval of the State Board of Education. In case of vacancy, by death, resignation or otherwise, in the office of county superintendent, such vacancy shall be filled by the county board of education: Provided, that any county whose total school fund does not exceed fifteen thou- sand dollars may unite with any adjoining county and by agree- ment between the county boards of education of two counties, meeting in joint session, may employ a county superintendent who shall devote his entire time to supervising impartially the educational work of the counties thus employing him. The agree- ment between the two county boards thus jointly employing one county superintendent, as to the apportionment of his salary and expenses, the division of his time and all other essential details, shall be recorded in the minutes of the board of education of each county. The county superintendent of public instruction shall have au- thority to administer oaths to teachers and all subordinate school officials where an oath is required of the same. 1901, c. 4, s. 16; 1903, c. 435, s. 5; 1911, c. 135; 1913, c. 149. [The county superintendent's office is the most important office in the county. He need not be a resident of the county when elected. If possible, he should be paid large enough salary to en- able him to devote all his time to his work.] 4136. Repoet of election of, to State Superintendent. Imme diately after the election of the county superintendent of public instruction the chairman of the county board of education shall report to the State Superintendent of Public Instruction the name, address, experience and qualifications of the person elected; and the person elected shall report to the State Superintendent, as soon as he shall have qualified, the date of such qualification. 1901, c. 4, s. 16; 1903, c. 435, s. 5. 4137. Districts in cities and towns may jointly employ. By and with the consent of the county board of education, the school committees of two or more contiguous districts in any city or town may, by a majority vote of the committee in each district, employ a practical teacher, who shall be known as the superin- tendent of the public schools of such districts, and he shall per- form all the duties of the county superintendent of public instruc- tion as to such districts, and shall make to the county superin- tendent all reports that may be necessary to enable him to make his reports to the State Superintendent. 1889, c. 199, s. 47; 1901, c. 4, s. 74. 4138. Not to teach school; to reside in the county. Every county superintendent shall reside in the county of which he is 63 superintendent. It shall not be lawful for any county superin- tendent to teach a school while the public schools of his county are in session; but the State Board of Education may, for good and suflBcient reason, permit a county superintendent to so teach. 1901, c. 4, s. 44. 4139. Ex OFFICIO SECEETAKY TO THE BOARD ) RECORDS TO BE KEPT. The county superintendent of public instruction shall be ex officio the secretary of the county board of education. He shall record all proceedings of the board, issue all notices and orders that may be made by the board pertaining to the public schools, school- houses, sites or districts (which notices or orders it shall be the duty of the secretary to serve by mail or by personal delivery, without cost), and record all school statistics, look after all for- feitures, fines and penalties, see that the same are placed to the credit of the school fund, and report the same to the board. The board shall provide the county superintendent with an office at the county seat, in the county courthouse if possible, and with a suitable book in which to keep the records required by this sec- tion. The records of the board and the county superintendent shall be kept in the office provided for that purpose by the board. 1901, c. 4, s. 36. [It is very important to keep full and accurate records and to look closely after the proper disposition of all fines, forfeitures and penalties. An account book mil be furnished on application to the State Superintendent. The superintendent should report to the solicitor all failures to apply the moneys from fines, etc., to their proper purpose.] 4140. To HOLD teachers' MEETINGS. The county superintendent shall each year hold not less than one teachers' meeting in each township, which the teachers shall be required to attend. If nec- essary, one school day must be set apart for this purpose. 1901, c. 4, s. 38; 1903, c. 435, s. 17. 4141. Must advise and may suspend teachers; must attend State and District Associations of Superintendents. It shall be the duty of the county superintendent to advise with the teachers as to the best methods of instruction and school government, and to that end he shall keep himself thoroughly informed as to the progress of education in other counties, cities and States. He shall have authority to correct abuses, and to this end he may, with the concurrence of a majority of the school committee, suspend any teacher who may be guilty of any immoral or disreputable con- duct or may prove himself incompetent to discharge efficiently the duties of a public school teacher or who may be persistently neg- lectful of such duties. The county superintendent shall be re- quired to visit the public schools of his county while in session, and shall inform himself of the condition and needs of the various schools within his jurisdiction. Unless providentially hindered, he shall attend continuously during its session the annual meet- ing of the State Association of County Superintendents, and the 64 annual meeting of the District Association of County Superintend- ents, and the county board of his county shall pay out of the county school fund his traveling expenses, including board, and allow him his per diem while attending such meeting; but county superintendents employed on salary shall not receive any per diem while in attendance on such meeting. 1901, c. 4, s. 39; 1903, c. 435, s. 18; 1905, c. 533, s. 10; 1911, c. 135. [It is mandatory that the county superintendent visit the schools, and county boards of education must see that the law is properly observed.'] 4142. Must distribute blanks and books and advise commit- tees. It shall be the duty of the county superintendent to dis- tribute to the various school committees of his county all such blanks as may be furnished by the State Superintendent of Public Instruction for reports of school statistics of the several districts; also blanks for teachers' reports and for orders on the treasurer of the county school fund for teachers' salaries. He shall also dis- tribute to the school committees school registers for their respec- tive districts and necessary record books; he shall advise with the committee as to the best methods of gathering the school sta- tistics contemplated by such blanks, and by all proper means shall seek to have statistics fully and properly reported. 1901, c. 4, s. 40. 4143. Must make eepoets to State Supeeintendent. It shall be the duty of each county superintendent, on or before the first Monday in July of each year, to report to the State Superinten- dent of Public Instruction an abstract statement of the number, grade, race and sex of the teachers examined and approved by him during the year; also the number of public schools taught in the county during the year for each race, the number of children of school age in each school district, the number enrolled in each district, the average daily attendance in each district, by race and sex, and the number of all persons in the county between the ages of twelve and twenty-one who can not read and write. He shall also report, by race and sex, the number of pupils enrolled in all the schools, their average attendance, the average length of terms of the schools and the average salary for the teachers of each race; the number of school districts for each race, and any new school districts laid out during the year shall be specified in his report. He shall also report the number of public schoolhouses and the value of the public school property for each race, the num- ber of teachers' institutes held, the number of teachers attending such institutes, together with such suggestions as may occur to him promotive of the school interest of the county. He shall record in his book an accurate copy of such report. If any county superintendent fail or refuse to perform any of the duties required of him by this chapter, he shall be subject to removal from his 65 office by the county board of education upon the complaint of the State Superintendent of Public Instruction. 1901, c. 4, s. 41. [Copies of all reports made should te recorded in the record iooTc of the county hoard for future reference. It loould he well to record, also, the treasurer's report.] 4144. To EEPOET AS TO DEAF AND DUMB AND BLIND CHILDREN. It shall be the duty of the county superintendent to require of the school committees, in enumerating the number of school children, to make a statement in the report of the number of deaf and dumb and blind between the ages of six and twenty-one years, designating the race and sex, and the address of the parent or guardian of such children; and the county superintendents are hereby required to furnish such information to the principals of the deaf and dumb and blind institutions; and the Superintendent of Public Instruction, in preparing blanks for reports required to be made to him, shall include questions the answers to which will furnish the information required by this section. 1901, c. 4, s. 43. Salary of county superintendent. The salary of the county superintendent of schools shall be fixed by the county board of education. It shall not be less than three dollars per day while engaged in the service of the public schools. The county board of education may fix an annual salary not to exceed four per cent of the disbursements for schools under his supervision. The county board of education of any county whose total school fund exceeds fifteen thousand dollars may employ a county superin- tendent, for all of his time, at such salary as may be fixed by said board. Revisal of 1905, v. I, c. 66, s. 2782. X. THE POWERS AND DUTIES OF THE SCHOOL COMMITTEE. Summary. — The school committee is composed of three per- sons, appointed by the county board on the first Monday in July, fob a term of two years. These may be township or dis- trict committeemen, as the county board may determine. Each school committee must elect a chairman and a secretary, and keep an accurte record of all its proceedings, and control and care for the public school property in the public interest. the committee is also charged with ascertaining the number of deaf and dumb and blind children, as well as the number of illiter- ATE CHILDREN, BETWEEN THE AGES OF TWELVE AND TWENTY-ONE. ThE SCHOOL COMMITTEE CAN NOT EXPEND ANY MONEY APPORTIONED FOR IN- CIDENTAL EXPENSES WITHOUT THE CONSENT OF THE COUNTY BOARD; AND THEY MUST KEEP AN ACCURATE RECORD OF THE EMPLOYMENT OF TEACHERS AND OF ANY SPECIAL FUNDS DISBURSED BY THEM. THEY . 3 66 at;e prohibited from oveedkawing the amount apportioned for teachers' salaries, and from making a contract beyond their term of office. contracts with private schools may be made, by which the public school may be taught in connection with such schools. no money for district expenses of any kind or for the salaries of teachers may be paid by the county treas- urer except on an order signed by a majority of the committee. 4145. Qualifications and election of; care taken of school- houses. The county board of education of each county shall, on the first Monday in July, one thousand nine hundred and thirteen, appoint in each of the townships of the county three in- telligent men of good business qualifications who are known to he in favor of public education, who shall serve as follows: one for three years, one for tico years, and one for one year from the date of their appointment as school committeemen in their re- spective townships and until their successors are elected and qualified. On the first Monday in July of each succeeding year, the board of education shall appoint one member of the school committee in place of the member whose term of office has just ex- pired, and who shall continue in office for a period of three years and until his successor is duly appointed and qualified. If a vacancy shall occur at any time, by death, resignation or other- wise, it shall be the duty of the county board of education to fill such vacancy. Such board shall have the power to pay out of the reserve school fund to each member of the township committee thus appointed one dollar per day for not more than four days per annum. Such township committee must take the census in their township by districts, and shall be paid for taking the same at the rate of two cents per name, and may be paid each one dollar per day for not exceeding four days each year for such additional services as may be rendered by the committee in the discharge of their legal duties. Every township committee shall appoint one man in each school district in the township to look after the schoolhouse and property and advise with the com- mittee. The county board of education in each county may, if it deem best, on the first Monday in July, 1913, instead of electing township committeemen, elect for each school of the several town- ships three school committeemen of intelligence and good busi- ness qualifications who are known to be in favor of public edu- cation, who shall serve as follows: one for three years, one for ttoo years, and one for one year from the date of their appoint- ment as committeemen and until their successors are appointed and qualified. And the board of education shall, on the first Monday of July of each succeeding year, appoint one mCTnber of the school committee in place of the member whose term of office has just expired and who shall continue in office for a term of three years and until his successor is duly appointed and quali- fied. If a vacancy should occur at any time, by death, resigna- tion or otherwise, it shall be the duty of the county board of edu- 67 cation to fill such vacancy; and in case such school committee- men shall be elected as above, all the powers and duties conferred under this chapter on the township committeemen shall vest in sutih committeemen of the several schools of the township, who shall serve without compensation. 1901, c. 4, s. 17; 1903, c. 435, s. 6; 1905, c. 533, ss. 17, 18; 1909, c. 769; 1913, c. 149. [The committee system should be uniform; there should be only toivnship committeemen in a county, or only district com- mitteemen. Those counties which have adopted the township sys- tem -find it much the more satisfactory. This is the experience of other States. The general adoption of the township system in this State would therefore be greatly desirable.] 4146. To ELECT CHAIRMAN AND SECRETARY; APPEALS FROM. The school committee, as soon as practicable after their election and qualification, not to exceed twenty days, shall meet and elect from their number a chairman and secretary, and shall keep a record of their proceedings in a book to be kept for that purpose. The name and address of the chairman and secretary shall be reported to the county superintendent of public instruction and recorded by him. 1901, c. 4, s. 18. [A record book for committeemen will be supplied by the county superintendent.] 4147. Powers and duties as to school property. The school committee shall be entrusted with the care and custody of all schoolhouses, schoolhouse sites, grounds, books, apparatus or other public school property in the township, with full power to control the same, as they may deem best for the interest of the public schools and the cause of education. 1901, c. 4, s. 19. 4148. Census to be taken; reports; deaf and dumb, blind and ILLITERATE TE BE REPORTED. The school Committee is required to furnish biennially to the county superintendent a census report of all the pupils of school age in their township or district, by name, age, sex and race; also the names of their parents or guardians. The blanks upon which such reports are to be made shall be fur- nished to the various school committees by the county superin- tendent on the first Monday in June of the year in which the census is required, which report shall be duly sworn to by each one of the committee and returned to the county superintendent on or before the first Monday in July of the year in which the census is required, and any committee failing to comply with the provisions of this section without just cause shall be subject to removal. The school committee shall be allowed a sum not ex- ceeding two cents per name for all names reported between the ages of six and twenty-one. The committee shall also report to the county superintendent, who shall in turn report to the county board of education, the number of public schoolhouses and the 68 value of all public school property for each race separately, and furnish to the teacher at the opening of the school a complete copy of the census furnished to the county superintendent, which shall be recorded by a teacher in a register containing the name and age of each pupil of school age in that district. They shall also report, by race and sex, the number of all persons between the ages of twelve and twenty-one who can not read and write, and the number of deaf and dumb and blind between the ages of six and twenty-one years, designating the race and sex, and the address of the parents or guardians of such children. 1901, c. 4, ss. 20, 43; 1901, e. 3, s. 1; 1903, c. 435, s. 7; 1911, c. 135. Section 5 of chapter 113 of the Laws of WIS, The Compulsory Attendance Law, requires the attendance officer lohen appointed under said act to perform all the duties as to the census herein required of the school committee. 4149. To KEEP A RECORD OF RECEIPTS AND EXPENDITURES; PUR- CHASE SUPPLIES. The school committee for each township or dis- trict shall keep a book in which shall be recorded an itemized statement of all moneys apportioned to, received and expended by them for each school, and a copy of all contracts made by them with teachers. The committee shall have authority to pur- chase the supplies necessary for conducting the schools and for repairs, to an amount not to exceed in the aggregate the sum of twenty-five dollars in any one year for each school; but nothing in this section shall be so construed as to give school committees the right to make expenditures without the order of the county board. 1901, c. 4, ss. 21, 35; 1905, c. 533, s. 19. [The county superintendent should furnish the committeemen a record book to Tceep their accounts.'] 4150. Must not overdraw. No committee shall give an order unless the money to pay it is actually to the credit of the district, and no part of the school fund for one year shall be used to pay school claims for any previous year. 1901, c. 4, s. 34; 1903, c. 435, s. 16. 4151. Private schools, committee may contract with; effect. In any school district where there may be a private school regu- larly conducted for at least six months in the year, unless such private school is a sectarian or denominational school, the school committee may contract with the teacher of such private school to give instruction to all pupils between the ages of six and twenty-one years in the branches of learning taught in the public schools, as prescribed in this chapter, without charge and free of tuition; and such school committee may pay such teacher for such service out of the public school fund apportioned to the dis- trict, and the agreement as to such pay shall be arranged between the committee and teacher. Every teacher of the public school branches in such school shall obtain a first grade certificate before beginning his or her work, and shall from time to time make 69 such reports as are required of other teachers under this chap ter. The county superintendents of public instruction shall have the same authority in respect to the employment and dismissal of teachers under this section, and in every other respect, as is conferred in other sections of this chapter; and all contracts made under this section shall designate the minimum length of the public school term, which shall not be less than the average length of the public school term of the county of the preceding year. The amount paid such private school for each pupil in the public school branches, based on the average daily attendance, shall not exceed the regular tuition rates in such school for such branches of study. Every school to which aid shall be given under this chapter shall be a public school, to which all children living within the district between the ages of six and twenty-one years shall be admitted free of charge for tuition: Provided, that in case of contract with the teacher of a private school, under this section, tuition may be charged for instruction in higher branches of study not mentioned in section four thousand and eighty-seven, if the apportionment of funds for the public school of the district would in the opinion of the county board of education be insufficient to provide instruction in these higher branches of study if the public school were taught separately. The committee may admit pay students over twenty-one years of age. 1901, c. 4, ss. 33, 65; 1903, c. 435, s. 15; 1905, c. 533, s. 12. XI. THE TREASURER OF THE SCHOOL FUND. Summary. — The county teeasueer is teeasueer of the school FUND, AND HE MUST GIVE A SEPARATE BOND FOR THE FAITHFUL DIS- CHARGE OF HIS DUTIES. He IS ALSO REQUIRED TO KEEP AN ITEMIZED RECORD OF HIS RECEIPTS AND DISBURSEMENTS OF THE SCHOOL FUND, AND TO PAY NO ORDER FOR MONEY UNLESS PROPERLY SIGNED BY THE COMMITTEE AND COUNTY SUPERINTENDENT. THE TREASURER IS ALSO REQUIRED TO BE IN HIS OFFICE ON THE LAST SATURDAY OF EACH MONTH, AND TO KEEP AN ACCOUNT WITH EACH TOWNSHIP AND SCHOOL DISTRICT. Annually he must report to the State Superintend- ent AND TO the county BOARD, SETTING FORTH ALL THE MONEY transactions of the year. the county board may require re- ports oftener than once a year. failure to make proper re- ports constitutes a misdemeanor. the compensation of the treasurer is to be fixed by the county board, not to exceed two pee cent of his disbursements. 4152. County treasurer made treasurer of school fund; bond. The county treasurer of each county shall receive and disburse all public school funds, and shall keep the same separate and distinct from all other funds; but before entering upon the duties of Lis office he shall execute a justified bond, with security, in an amount to be fixed by the board of county commissioners, not less than the moneys received by him or by his predecessor during the previous year, conditioned for the faithful performance of his 70 duties as treasurer of the county school fund, and for the pay- ment over to his successor in office of any balance of school moneys that may he in his hands unexpended. The bond of the treasurer of the county school fund shall be a separate bond, not including liabilities for other funds, and shall be £ipproved by the board of county commissioners, and that board may from time to time, if necessary, require him to strengthen his bond. Compensation of cotJNTY treasurer for receiving and dis- bursing SCHOOL FUNDS. (Rev. 1905, sec. 2778.) The county treas- urer shall receive as compensation in full for all services required of him such a sum, not exceeding one-half of one per cent on moneys received and not exceeding two and a half per cent on moneys disbursed by him, as the board of county commissioners of the county may allow. As treasurer of the county school fund he shall receive such sum as the board of education may allow him, not exceeding two per cent on disbursements: Pro- vided, that said treasurer shall be alloived no commission or compensation for receipts and disbursements of any loan or loans made to the county by the State Board of Education under section four thousand and fifty-three of The Revisal of one thousand nine hundred and five: Provided, that in counties where his compensation can not exceed the sum of two hun- dred and fifty dollars the said treasurer may be allowed a sum not exceeding two and a half per cent on his receipts and his disbursements: Provided further, that the County Treasurer of Buncombe County shall receive as compensation in full for all services required of him seventeen hundred and fifty dollars per annum, paid pro rata from the county fund and the school fund. The County Treasurer of Gaston County shall receive as com- pensation in full for all services required of him a yearly salary not exceeding twelve hundred dollars, to be fixed by the com- missioners of said county. The County Treasurer of Mecklen- burg County shall receive as compensation in full for all services required of him a yearly salary not exceeding twenty-seven hun- dred and fifty dollars, to be fixed by the commissioners of said county; said salaries to be in lieu of all commissions allowed by law. The Treasurer of Martin County shall receive as his com- missions two and one-half per cent on all money received by him as general county fund and two and one-half per cent on all money disbursed by him as general county fund. Commissions on school fund shall remain as already provided by law. 1901, c. 4, ss. 46, 47; Revisal 1905, c. 66, s. 2778; 1913, c. 149. 4153. Bond, action on. The board of county commissioners shall bring action in the name of the State upon the relation of such board for any breach of the bond of the treasurer of the county school fund, and on its failure to bring such action it may be brought in the name of the State on the relation of any tax- payer. 1901, c. 4, s. 47. 71 4154. To KEEP DETAILED ACCOUNT OF RECEIPTS; TO ACCEPT MONEY ONLY. The treasurer of the county school fund shall keep a book in which shall be entered a full and detailed account of all public school moneys received by him, the name of each person paying him school money, the source from which the same may have been derived, and the date of such payment. In his settlement with the sheriff or other collecting officer of public school funds the treasurer shall receive money only. 1901, c. 4, s. 52. 4155. To PAY ONLY SUCH ORDERS AS ALLOWED HEREIN. Evcry order for the payment of a teacher's salary, for building, repairs, school furnishing or for the payment of money for any purpose whatsoever, before it shall be a valid voucher for the county treasurer, shall be signed first by at least two members of the school committee, then by the county superintendent. No order shall be signed by the county superintendent for more money than is to the credit of that district for the fiscal year, nor shall he endorse the order of any teacher who does not produce a cer- tificate as required by law. The treasurer shall not pay any school money for building or repairing any schoolhouse unless the site on which it is located has been donated to or purchased by the county board of education and the deed for the same regularly executed and delivered to such board and probated and registered in the office of the register of deeds for the county and delivered to the clerk of the Superior Court, to be by him safely deposited with his valuable official papers and surrendered to his successor in office. 1901, c. 4, s. 48. 4156. To BE AT HIS OFFICE ON LAST SATURDAY IN MONTH. The treasurer of the county school fund shall, on the last Saturday of each month, attend at his office for the purpose of paying school orders, but this shall not prevent the payment of orders at other times. 1901, c. 4. s. 58. 4157. To KEEP AN ACCOUNT WITH EACH TOWNSHIP AND DISTRICT; ANNUAL REPORT OF BALANCES. It shall be the duty of the treasurer of the county school fund to keep a book in which he shall open an account with each township in the county, showing the amount apportioned to such township by the county board of education. He shall also open an account with each school district, showing the amount apportioned to such district. He shall record all pay- ments of school money, giving the date, the amount, the person to whom paid and for what purposes paid. He shall balance the account of each township and district annually on the thirtieth of June, and shall report by letter or printed circular, within ten days thereafter, such balances to the county board of education and to the school committee. 1901, c. 4. s. 49. 72 4158. To REPORT ANNUALLY TO StATE SUPERINTENDENT AND TO COUNTY BOARD. The treasurer of any county, town or city school fund shall report to the State Superintendent of Public Instruc- tion on the first Monday of August of each year the entire amount of money received and disbursed by him during the preceding school year, designating by items the amounts received, respec- tively, from property tax, poll tax, liquor licenses, fines, forfei- tures and penalties, auctioneers, estrays, from State Treasurer and from other sources. He shall also designate by item the sum paid to teachers of each race, respectively, for schoolhouses, school sites in the several districts, and for all other purposes, specifically and in detail, by item, and on the same date he shall file a duplicate of such report in the office of the county board of education. He shall make such other reports as the county board of education of the county may require from time to time. When- ever the sheriff or other collecting officer pays over money to the treasurer of the school fund he shall designate the items as indi- cated in this section, and these items shall be stated in the receipts given by the treasurer. 1901, c. 4, ss. 51, 56; 1913, c. 149. 4159. Duties on expiration of his term. Each treasurer of the county school fund, in going out of office, shall deposit in the office of the board of education of his county his books in which are kept his school accounts, and all records and blanks pertain- ing to his office. If the term of office of any treasurer shall expire on the thirtieth day of November during any fiscal school year, or if for any reason he shall hold office beyond the thirtieth day of November and not for the whole of the current fiscal school year, he shall at the time he goes out of office file with the county board of education and with his successor a report, itemized, as required by the next preceding section, covering the receipts and disbursements for that part of the fiscal school year from the thirtieth of June preceding to the time at which he turns over the office to his successor, and his successor shall include in his report to the State Superintendent the receipts and disbursements for the current fiscal year. 1901, c. 4, ss. 57, 58. 4160. To EXHIBIT BOOKS, VOUCHERS AND MONEY TO COUNTY BOARD. The treasurer of the county school fund shall, when required by the county board of education, produce his books and vouchers for examination, and shall also exhibit all moneys due the public school fund of the county at such settlement required by this chapter. 1901, c. 4, s. 50. Treasurer FAILING to report. (Rev. 1905, sec. 3839.) If any treasurer of the county, toivn or city school fund shall fail to make reports required of him at the time and in the manner prescribed, or to perform any other duties required of him by law, he shall be guilty of a misdemeanor and be fined not less 73 than fifty dollars and not more than two hundred dollars or im- prisoned not less than thirty days nor more than six months, in the discretion of the court. Revisal of 1905, v. I, c. 81, s. 3839; 1913, c. 149. XII. PKIYILEGES AND DUTIES OF TEACHERS. Summary. — All teachers abe employed by the school com- mittee, BUT CAN NOT BE DISMISSED EXCEPT FOR CAUSE. AFTER WRIT- ten charges have been preferred and an investigation held. no contract is legal unless it v(fas entered into with the com- mittee at a regularly called meeting, and unless the con- tract does not extend beyond the term of office of the com- mittee, and unless the compensation which the contract' names is within the salary limit prescribed by the county board for the particular school contracted for. there are three kinds of certificates — the ordinary certificate of three grades granted by the county superintendent; the five-year State certificate, with a minimum salary of $35 per month to the holder, and the high school certificate, with a minimum SALARY OF $40 PER MONTH TO THE HOLDER. ThE StATE AND THE high-school certificates are granted by the state board of Examiners. The first-grade certificate given by the county superintendent entitles the holder to teach fob two years; the second-grade certificate entitles the holder to teach one year and limits the holder's salary to $35 per month. hold- ers of third-grade certificates can be employed only as assist- ANTS. All TEACHERS MUST BE 18 YEARS OF AGE. No DIPLOMA OF ANY COLLEGE OR NORMAL SCHOOL GIVES ITS HOLDER THE RIGHT TO- TEACH. Every teacher must keep ceetain becobds and make certain reports before he can collect his salary, as well as encourage morality and good order and maintain discipline. Every teacher is required once every two years to attend the COUNTY institute, IF HELD. IMMORAL AND WILLFULLY DISOBEDIENT PUPILS MAY BE DISMISSED BY THE TEACHER. THEEE IS NO BEGULA.- tion foebidding corporal punishment. 4161. School committee to employ and dismiss teachers; no- tice; CONTRACTS. The school committee shall have authority to^ employ and dismiss teachers, but no teacher shall be dismissed until charges shall have been filed in writing with the county superintendent, and after a hearing shall have been had before the committee of the district in which such teacher is teacing, after two days notice to such teacher. The committee shall meet at convenient times and places for the employment of teachers for the public schools, and no teacher shall be employed by any com- mittee except at a regularly called meeting of such committee^ due notice of such meeting having been given at three public places by the committee. The county hoard of education of each county shall fix annually a day and place in each township for the meeting of the township or district committeemen of said 74 townships, who shall, in conference with the county superin- tendent, with whom application must have previously heen filed "by all applicants, select the teachers for their respective schools, except for rural puMic high schools: Provided, that no election of any teacher of any assistant teacher shall be deemed valid until such election has been approved by the county superintend- ent; and no voucher for the salary of a teacher of any school shall be signed by any county superintendent unless a copy of such teacher's contract has been filed with him as herein pro- vided, and unless he shall have received satisfactory evidence that such teacher has been elected in strict accordance with this sec- tion. No contract for teachers' salaries shall be made during any year to extend beyond the term of office of the committee, nor for more money than accrues to the credit of the district for the fiscal year during which the contract is made. 1901, c. 4, ss. 20, 22, 34; 1901, c. 3, s. 1; 1903, c. 435, ss. 7, 16; 1913, c. 149. 4162. Examination; proficiency; grades. On the second Thurs- day of July and October of every year the county superintendent of schools of each county shall publicly examine all applicants of good moral character for teachers' certificates on all subjects re- quired to be taught in the public schools, and also on the theory and practice of teaching; and the county superintendent may con- tinue the examination from day to day, if necessary, until all applicants have been examined; and, with the approval of the county board of education, he may, after giving at least ten days notice, hold public examinations on two other dates during the year. All examinations of teachers shall be held at the county courthouse, but for the convenience of teachers the county super- intendent may designate another place: Provided, due notice of the time and the place shall have been given. No private exami- nation of applicants for teachers' certificates shall be given by the county superintendent unless a reasonable excuse shall be ren- dered for failure to attend the public examination; and for every private examination each applicant for a certificate shall pay in advance to the county superintendent a fee of three dollars, to be paid by him to the treasurer of the county school fund, to be placed to the credit of the general school fund of the county. A general average of ninety per cent and over shall entitle the appli- cant to a first-grade certificate; a general average of eighty per cent and less than ninety per cent shall entitle the applicant to a second-grade certificate, and a general average of seventy per cent and less than eighty per cent shall entitle the applicant to a third- grade certificate. No certificate shall be valid except in the county in which it is issued. First-grade certificates shall be valid for two years from date of issue; other grades of certificates shall be valid for only one year and shall not be renewed except upon examination. The county superintendent may invite competent persons to assist in the examination of applicants for certificates. 75 and he shall file in his office a copy of all examination questions, and also preserve for at least one year the examination papers and grades of all applicants for certificates, and upon request of the State Superintendent of Public Instruction he shall send all examination papers and their gradation and a copy of all exami- nation questions to the office of the State Superintendent of Public Instruction: Provided, that the State Superintendent of Public Instruction, in lieu of the provisions of this section in reference to the examination, the gradation and the certification of teach- ers, may in his discretion provide for a uniform system of grada- tion, examination and certification of public school teachers, pre- scribing the examination, the time and manner of conducting the same, and also for making provision for the classification of teachers' certificates into primary, intermediate and high school. In addition to the three grades of certificates herein provided, a. certificate known as State certificate, signed by the State Super- intendent and Board of Examiners, hereinafter provided, shall be issued to any person who upon examination by said board of ex- aminers shall make a general average of not less than ninety per cent. Said examination shall be in writing and may be conducted before the county superintendent of public instruction in any county or before any person selected by said board of examiners,, under such rules and regulations as said board may adopt, but. the questions for such examination shall be furnished by said board of examiners, and said board shall meet at the call of the- State Superintendent of Public Instruction to examine and grade- all papers submitted by applicants for such State certificate. The State Superintendent of Public Instruction shall be ex officio chair- man of said board, and the chief clerk in the office of the State- Superintendent of Public Instruction shall be ex officio secretary of the said board, and shall be paid out of the State treasurey three hundred dollars annually as compensation for additional services as secretary, and all persons who desire to be examinedl for a State certificate shall file an application with the State Su- perintendent of Public Instruction, who shall notify such person when and where such examination will be held: Provided, that no person shall be permitted to stand such examination without first filing with the State Superintendent of Public Instruction a statement from the county superintendent of public instruction of the county in which said applicant last taught that said applicant holds a first-grade certificate and has taught successfully at least one year. Said State certificate shall be valid in any county in the State, and no other examination or certificate as a prerequisite for teaching a public school shall be required of any person hold- ing such State certificate for a period of five years from the date of issue of said State certificate, and the minimum salary paid to any teacher holding such State certificate shall be thirty-five dol- lars per month. Said board of examiners, under the direction of the State Superintendent of Public Instruction, shall examine all 76 teachers who apply to the State Superintendent for a high school teacher's certificate, and said examination shall be conducted in the same manner as the examination for State certificates, as herein provided. Said State Board of Examiners shall consist of not less than three (3) and not more than five (5) practical school teachers, who shall be appointed by the State Board of Education upon the recommendation of the State Superintendent of Public Instruction, and they shall hold office for a term of four (4) years; and the members of said board actually serving shall be paid a per diem of four (4) dollars per day during the time that they are actually engaged, and in addition shall be repaid all money actually expended by them in payment of necessary ex- penses while so engaged, to be paid out of the public fund, and they shall make out and swear to an itemized statement of such ■expenses: Provided, that the State Superintendent of Public Instruction shall not be allowed any per diem for services as ■chairman of said board of examiners. 1905, c. 533, s. 9; 1901, c. 4, s. 37; 1907, c. 835; 1911, c. 135. [No private exaviination should ie given unless the applicant was prevented from attending the regular examination on account ■of providential hindrances.] 4163. Age, qualifications, certificates, grades and pay of; SCHOOL MONTH DEFINED. No person Shall be employed as a teacher who does not produce a certificate from the county superintend- ent or State Superintendent of Public Instruction, dated within the time prescribed by law and continuing to the end of the term. No assistant teacher shall be employed in any one-teacher school until the average daily attendance shall have reached at least Tforty pupils, and in case the reports of any teacher shall for four 'Consecutive weeks show an average daily attendance of less than forty pupils the assistant teacher may be dismissed. No certifi- •cate to teach shall be issued to any person under eighteen years of age. Teachers of second grade shall receive not more than thirty-five dollars per month out of the public fund, and teachers ■ot the first grade may receive such compensation as shall be agreed upon. Teachers of the third grade shall receive not more than twenty dollars per month, but no third-grade certificate -shall be renewed and no holder of a third-grade certificate shall 1)6 employed except as an assistant teacher. No teacher shall re- •ceive any compensation for a shorter term than one month, unless "providentially hindered from completing the term. Twenty school •days of not less than six hours nor more than seven hours each •day shall be a month. The school term shall be continuous, as far as practicable. All laws and clauses of laws granting to or conferring upon the graduates or ex-students or students of any institution of learning, private or public, within this State or else- where, immunity, exemption or freedom from the operation of ilaws of this State requiring persons who desire to teach in free public schools of the State to submit to and pass regular examina- 77 tions before the county superintendents before being duly qualified to serve as such teachers are hereby repealed. The county board of education shall fix, within the limits above prescribed, the maximum salary to be paid to teachers in each school in the county. 1901, c. 4, ss. 22, 24, 27, 34; 1901, c. 3, s. 2; 1901, c. 535; 1903, c. 435, ss. 9, 16; 1911, c. 135; 1913, c. 149. [Committeemen can not contract to pay any teacher more than the salary fixed for the school by the county board.] 4164. Salary, how paid; closing schools foe nonattendance OF PUPILS. At the end of every term of a public school the teacher or principal of the school shall exhibit to the school com- mittee a statement of the number of pupils, male and female, the average daily attendance, the number of pupils completing the elementary grades, the length of term and the time taught. If the committee is satisfied that the provisions of this chapter have been complied with, they shall give an order on the treasurer of the county school fund, payable to such teacher, for the full amount due for services rendered; but monthly, and, if required by the county superintendent, weekly statements and reports shall be made by the teacher to the committee and to the county superintendent. Orders on the treasurer shall be valid when signed by two members of the committee and countersigned by the county superintendent. When a monthly or weekly report of any school where the district does not contain over one hundred and fifty children shows an average daily attendance of less than one-fifth of the school census, the committee may, with the approval of the county superintendent of schools, order the school to be closed, and the money due such school shall remain to the credit of that school; but all funds remaining to the credit of such school at the close of the school year, unused because of nonattendance, shall be returned to the general fund for reappor- tionment, unless such nonattendance shall have been caused by providential or other unavoidable causes; and the county board of education, upon the recommendation of the county superin- tendent, shall have authority to close any school for either race in any township before it shall have continued for the average length of school term for the township in case the attendance does not justify the continuance of the school, and the money remain- ing to the credit of such district thus closed for nonattendance shall be returned to the general school fund. The county board of education of such and every county is hereby authorized and directed to provide for the prompt payment of all teachers' sal- aries due at the end of each school month. 1901, c. 4, ss. 23, 24; 1903, c. 435, ss. 8, 9; 1905, c. 533, s. 4; 1913, c. 149. [Monthly reports should be required of every teacher, so that this section can be intelligently carried out.] 78 4165. Keep record; report to county superintendent, also to State Superintendent, when. Every teacher or principal of a school to which aid shall be given under this chapter shall keep such record of the attendance and classification of pupils as shall be prescribed by the State Superintendent of Public Instruction or the county board of education; and at the end of each term, and when requested at other times, every teacher or principal shall report to the county superintendent of schools in such form and manner and .on such blanks as shall be furnished by the county superintendent of schools or the State Superintendent of Public Instruction. At the end of every term every principal or teacher of a public school shall report to the county superintendent of schools the length of term of the school, the race for which it was taught, the number, the sex and average daily attendance of the pupils, and the number of the district in which the school is taught, the number of children on census blank not attending any school, number of children under seventeen years of age not at- tending any school, stating some causes why they did not attend; how many families having children of school age who did not send any of their children to school; how many families did, stating what personal effort has been made to get the children to attend school. The county superintendent shall not approve the final voucher for the salary of any principal or teacher until all reports have been made according to law and until the register has been properly filled out and filed with the county superin- tendent of schools. The principal or superintendent of every school or institution of learning supported in whole or in part by public funds shall report to the State Superintendent at such time and in such form as he may direct, and shall also report to the county superintendent of the county in which such school or institution of learing 's situated. 1901, c. 4, ss. 64, 66; 1903, c. 435, s. 21; 1903, c. 533, s. 11. [The county superintendent should always require all reports to he fully and accurately signed before he signs the teacher's voucher for the last month's salary.] 4166. To MAINTAIN ORDER AND ENCOURAGE VIRTUE; TO DISMISS IMPROPER PUPILS. It shall be the. duty of all teachers of free public schools to maintain good order and discipline in their respective schools; to encourage morality, industry and neatness in all of their pupils, and to teach thoroughly all branches which they are required to teach. Pupils who willfully and persistently violate the rules of the school and any of imnioral life and char- acter shall be dismissed by the teacher. 1901, c. 4, s. 63. 4167. Teachers' institutes and schools, how conducted; TEACHERS MUST ATTEND. The county board of education of every county shall biennially appropriate an amount not less than two hundred dollars nor more than two hundred and fifty dollars out of the public school funds of the county, the definite amount be- 79 tween the minimum and the maximum thus fixed to be determined by the State Superintendent of Public Instruction, for the purpose of conducting biennially a teachers' institute and school for the training of the public school teachers of the county at some con- venient and satisfactory place. The biennial county teachers' institute and school provided for in this section shall be con- ducted by some practical teacher or teachers appointed by the State Superintendent of Public Instruction, at such time and place as shall be determined by the State Superintendent of Public Instruction, after consultation with the county superintendent of schools and the county board of education. All public school teachers of the State and all high school and graded school teach- ers are hereby required to attend biennially some county teachers' institute or accredited summer school continuously for a term of not less than two weeks, unless providentially hindered; and failure so to attend such institute or summer school shall be cause for debarring any teacher, so failing, from teaching in any of the public schools, high schools, or graded schools of the State until such teacher shall have attended, as required by law, some county institute or accredited school as herein provided for. The rules and regulations governing all teachers' institutes, the course of study to be pursued and the proper credits for attendance on tlie same shall be prescribed by the State Superintendent of Public Instruction; and proper and just provision shall be made for the training of the teachers of each race in separate institutes and schools: Provided, that counties whose total annual public school fund is less than eight thousand dollars may arrange with an adjoining county for holding a biennial teachers' institute and school, as herein provided for, making such biennial appropria- tion and arrangement with an adjoining county as shall be equita- ble and satisfactory, which appropriation and arrangement and the terms of the same shall first be approved by the State Super- intendent of Public Instruction: and Provided further, that a properly signed certificate of continuous attendance at some sum- mer school of good standing for a period of not less than three weeks may be accepted by the county superintendent of schools as a substitute for attendance on the biennial teachers' institute and school herein provided for, under such rules and regulations as shall be prescribed by the State Superintendent of Public In- struction. 1905, c. 533, s. 5; 1903, c. 435, s. 10; 1901, c. 4, s. 26; 1911, c. 135. XIII. EUEAL LIBRARIES. Summary. — In any school district, incorporated towns hav- ing AS many as 1,000 inhabitants excepted, there may be estab- lished A school library. The patrons and friends op the school are required to raise by private donations as much as $10 AND tender it TO THE COUNTY TREASURER. THEREUPON THE county BOARD OF EDUCATION SHALL APPROPRIATE $10 OUT OF THE 80 GENERAL SCHOOL FUND OF THE COUNTY, AND THE COUNTY SUPERIN- TENDENT SHALL CERTIFY THE SAME TO THE StATE SUPERINTENDENT. The State Superintendent is then required to send $10 from THE State appropriation to the treasurer of the county, and the $30 used in the purchase of books selected from a list approved by the State Superintendent. The county board is required to furnish out of the general school fund a neat bookcase, with lock and key. the library thus established shall be conducted under rules and regulations prescribed by THE State Superintendent. Libraries may be enlarged by the ADDITION OF $15 WORTH OF BOOKS, $5 OF WHICH MUST BE RAISED BY PRIVATE DONATIONS, $5 BE APPROPRIATED OUT OF THE GENEAL COUNTY SCHOOL FUND, AND $5 BE GIVEN OUT OF THE StATE APPROPRIATION; AND THE ADDITIONAL BOOKS MUST BE SELECTED FROM A LIST APPROVED BY THE State Superintendent. Note. — Sections 4168-4171 relate to Indians of Robeson County and are printed after rural library sections. 4172. How established; duties of school officials; manager APPOINTED. Whenever the patrons and friends of any free public school in which a library has not already been established by aid of the State shall raise by private subscription and tender to the treasurer of the county school fund for the establishment of a library to be connected with such school the sum of ten dollars, the county board of education shall appropriate from the general county school fund the sum of ten dollars for this purpose, and shall appoint one intelligent person in the school district the man- ager of such library. The county board shall also appoint one competent person, well versed in books, to select books for such libraries as may be established under these provisions from lists of books approved by the State Superintendent of Public In- struction. 1901, c. 662, s. 6; 1903, c. 226, s. 1; 1905, c. 381. 4173. State Board of Education to contribute. As soon as such board shall have made an appropriation for a library in the manner prescribed, the county superintendent shall inform the secretary of the State Board of Education of the fact, whereupon the State Board shall remit to the treasurer of the county school fund the sum of ten dollars additional for the purchase of books. 1901, c. 662, s. 7; 1903, c. 226, s. 2;- 1905, c. 381, s. 2. 4174. Books and bookcases, how purchased. Within thirty days after the payment of the money to the treasurer of the county school fund, the person appointed to select the books shall submit the list of books to be purchased, and prices of same, to such treasurer, who shall order the books at once. The treasurer shall receive no compensation except his regular commission. The county board shall furnish, at the expense of the general county school fund, a neat bookcase, with lock and key, to each library, upon application of the county superintendent. 1901, c. 662, s. 8; 1903, c. 226, s. 3; 1905, c. 381, s. 3. 81 4175. Rules to be made by State Superintendent. The local manager of every library shall carry out such, rules and regula- tions for the proper use and preservation of the books as may be established by the State Superintendent of Public Instruction, and shall, on or before June thirtieth of each year, make to the State Superintendent of Public Instruction such reports as he shall require. 1901, c. 662, s. 9; 1903, c. 226, s. 4; 1905, c. 381, s. 4. [The State Superintendent will furnish a copy of the rules on application.] 4176. Exchange of libraries. The local managers of two or more libraries may, by agreement, exchange libraries; but no ex- change shall be made oftener than once in six months, and no part of the expense of exchanging libraries shall be paid out of the public funds. 1901, c. 662, s. 10; 1903, c. 226; s. 5; 1905, c. 381, s. 5. 4177. Enlargement of libraries, appropriations for. When- ever the patrons and friends of any free public school in which a library has been established under the provisions of this sub- chapter shall raise by private subscription and tender to the treas- urer of the county school fund the sum of five dollars for the en- largement of the library, the county board of education shall ap- propriate from the general school fund the sum of five dollai;s, and the State Board of Education shall remit to the treasurer of the county school fund the sum of five dollars. The money thus col- lected and appropriated shall be used for the enlargement of libra- ries already established under the same rules and restrictions as govern the establishment of new libraries. 1903, c. 226, s. 6; 1905, c. 381, s. 6. 4178. Number of libraries limited; cities and towns excluded, WHEN. Not more than six new libraries, in addition to those already established, shall be established biennially in any county under the provisions of the preceding sections, and not more than six libraries already established in any county shall be entitled biennially to the benefits of section six of this act: Provided, that after November thirtieth, one thousand nine hundred and six, and after November thirtieth of every second year thereafter, if any of the aforesaid biennial appropriation for the years ending on such date shall still be in the hands of the State Treasurer, any free public school which shall fulfill the conditions set forth in the pre- ceding sections shall be entitled to receive the benefits of this act, regardless of the number of libraries already established in the county in which said school is located, until the aforesaid balance of each biennial appropriation available for the purpose is ex- hausted. No school district in any incorporated town with a popu- 82 lation exceeding one thousand persons shall receive any moneys under the provisions of this act. 1901, c. 662, s. 12; 1903, c. 226, s. 8; 1905, c. 381, ss. 8, 9. [After the Mennial period has passed, the libraries not taken 'during that period may be taken by any county desiring them.] 4179. Additional appropriation of State funds. The sum of seven thousand five hundred dollars of the appropriation for the public schools of the State is hereby biennially appropriated and set apart to be expended by the State Board of Education under the provisions of this subchapter: Provided, that of each biennial appropriation a sum not exceeding five thousand dollars may be expended by the State Board of Education in the establishment of new libraries', and a sum not exceeding two thousand five hun- dred dollars may be expended by the State Board of Education in the enlargement of libraries according to the provisions of sec- tion four thousand one hundred and seventy-seven of this sub- chapter: Provided further, that any balance of the biennial ap- propriation of two thousand five hundred dollars for the enlarge- ment of libraries remaining in the hands of the State Treasurer at the end of each biennial period shall be used for the establish- ment of new libraries in accordance with the provisions of section four thousand one hundred and seventy-two of The Revisal of one thousand nine hundred and five of North Carolina. 1901, c. 662, s. 11; 1903, c. 226, s. 7; 1905, c. 381, s. 7; 1909, c. 525. XIY. SEPARATE SCHOOLS FOR INDIANS OF ROBESON COUNTY. The provisions of the school law relating to the Croatan Indians of Richmond, Sampson, and Robeson counties are as follows: 4168. Separate schools for. The persons residing in Robeson, Sampson, and Richmond counties, supposed to be descendants of a friendly tribe once residing in the eastern portion of the State, known as Croatan Indians, and their descendants, shall be known and designated as the Indians of Robeson County, and they and their descendants shall have separate schools for their children, school committees of their own race and color, and shall be al- lowed to select teachers of their own choice, subject to the same rules and regulations as are applicable to all teachers in the gen- eral school law, and there shall be excluded from such separate schools for the Indians of Robeson County all children of the negro race to the fourth generation. 1885, c. 51, s. 2; 1889, c. 60, s. 1; 1911, c. 215. 4169. County board to carry provisions into effect. It shall be the duty of the county board of education to see that the next preceding section is carried into effect, and shall for that purpose have the census taken of all the children of such Indians and their descendants between the ages of six and twenty-one, and proceed to establish such suitable school districts as shall be necessary for 83 their convenience^ and take all such other and further steps as may be necessary for the purpose of carrying such section into effect; and where any children, descendants of such Indians, shall reside in any district in such counties of Robeson and Richmond in which there are no separate schools provided for their race they shall have the right to attend any of the public schools in the county provided for their race, and their share of the public school fund shall be appropriated to their education upon the certificate of the school committee in the district in which they reside stating that they are entitled to attend such public schools. 1885, c. 51, ss. 3, 4. 4170. Pro rata shake of school funds kept separate. The treasurer of the county school fund and other proper authorities whose duties are to collect, keep and apportion the school fund shall procure from the county board of education the number of children in the county between the ages of six and twenty-one, belonging to such Indian race, and shall set apart and keep sepa- rate their pro rata share of the school funds, which shall be paid out under the same rules in every respect as are provided in the general school law and in the next preceding section. 1885, c. 51, s. 4. 4171. General school law applicable to. The general public school law shall be applicable in all respects to such separate schools for the Indians of Robeson County, except where such gen- eral law is repugnant to these special provisions relating to such schools, and these special provisions for separate schools for Croa- tan Indians shall apply only to the counties of Robeson, Sampson, and Richmond. 1885, c. 51, s. 5; 1911, c. 215. 84 LAWS RELATING TO THE ADOPTION OF TEXT-BOOKS 4057. Created. The State Board of Education is hereby consti- tuted a State Text-book Commission, whose duty it is, acting con- jointly with the subcommission, to select and adopt a uniform series or system of text-books for use in the public schools in the State of North Carolina, and who shall serve without compensa- tion. The Governor shall be ex officio president of such commis- sion and the Superintendent of Public Instruction its secretary. 1901, c. 1, ss. 1, 2, 7, 20; 1911, c. 118. 4058. Powers; term of contracts made by. The commission may from time to time make any necessary regulations, not con- trary to the provisions of this chapter, to secure the prompt dis- tribution of the books herein provided for, and the prompt and faithful performance of all contracts. At any time within six months before the expiration of the contracts now in force for furnishing books to the public schools, the commission may adver- tise for new bids or proposals, as required by this chapter, and enter into such other contracts as they may deem best for the interest of the patrons of the public schools of the State. Any contract entered into or renewed shall be for the term of five years. 4059. Term of office and powers. The commission shall main- tain its organization during the five years of the continuance of the contract now in force, and at any time within six months be- fore the expiration of the same shall advertise for new bids, or proposals, as required by this chapter in the first instance, and enter into such other contracts as it may deem best for the interest of the patrons of the public schools of the State; and the commis- sion may from time to time make any necessary regulations not contrary to the provisions of this chapter to secure the prompt distribution of books herein provided for, and the prompt and faithful performance of all contracts. 1901, c. 1, s. 14; 1911, c. 118. 4060. Character and requisites of books to be adopted. The uniform series of text-books to be selected by the commission and the subcommission shall include the following branches, to wit: Orthography, defining, reading, writing, drawing, arithmetic, ge- ography, grammar, language lessons, history of North Carolina containing the Constitution of the State, history of the United States containing the Constitution of the United States, physi- ology, hygiene, nature and effect of alcoholic drinks and narcotics, elements of civil government, elements of agriculture. None of such text-books shall contain anything of a partisan or sectarian character, and all shall be written or printed in English. 1901, c. 1, ss. 2, 8; 1911, c. 118. 85 4061. Exclusive use of books adopted by. The books adopted t)y the commission and subcommission as a uniform system of text- books shall be introduced and used as text-books, to the exclusion of all others, in all the public free schools in the State for a period of five years from the date of adoption; and it shall not be lawful for any school officer, director or teacher to use any books upon the same branches other than those adopted by the commission. Nothing herein shall prevent the use of supplementary books, but such supplementary books shall not be used to the exclusion of the books prescribed or adopted under the provisions of this chapter; nor shall anything herein prevent the teaching in any school any branch higher or one more advanced than is embraced in the next preceding section, nor the use of any book upon such higher branch of study, but such higher branch shall not be taught to the exclusion of the branches mentioned and set out in the next pre- ceding section. 4062. Can purchase elsevfhere when contractor fails to sup- ply; TEACHER ALLOWING OTHER BOOKS DISMISSED. Nothing herein shall prevent or prohibit the patrons of the public schools through- out the State from procuring books in the usual way, in case no contract shall be made or the contractor fails or refuses to furnish the books provided for in this chapter at the time required for their use in the respective schools. If any teacher shall willfully use or permit to be used in his school any text-book upon the branches embraced in this chapter, where the commission has adopted a book upon that branch, other than the one so adopted, the county board of education shall discharge and cancel the cer- tificate of such teacher or school superintendent; but they may use or permit to be used such book or books as may be owned by the pupils of the school at the time of the adoption until such books are worn out, not exceeding one year from the date :if adoption. 1901, c. 1, ss. 2, 16, 17, 18; 1911, c. 118. 4063. SuBCOMMissioN TO BE APPOINTED. It shail be the duty o^ the Governor and the State Superintendent of Public Instruction to appoint a subcommission of six members, to be selected from among the teachers or county superintendents actually engaged m school work in this State; and members of the subcommission actually serving shall be paid a per diem of four dollars per day during the time that they are actually engaged in such service, and in addition shall be repaid all money actually expended by them in payment of necessary expenses, to be paid out of the public funds of the State treasury, and they shall make out and swear to an itemized statement of such expenses. 1907, c. 835, s. 1, par. (b) ; 1911, c. 118, s. 1, par. (f). 4064. Oath of subcommissioners. Each member of the subcom- mission, before entering upon the discharge of his duties, shall take and subscribe an oath to act honestly, conscientiously, and faithfully, and that he is not now, has not within two years prior 86 to his appointment, been agent or attorney for or in the employ- ment of or interested in any book or publishing house, concern or corporation making or proposing to make bids for the sale of books, pursuant to the provisions of this chapter, and that he will carefully and faithfully examine all books submitted, and make true report thereon, as herein directed and prescribed. Such oath shall be filed in the office of the Secretary of State. 1901, c. 1, s 5. 4065. Examination of books by stjbcommission, and eepoet THEREON. To the subcommission shall be referred all books sent to the State Text-book Commission as specimen copies or samples upon which bids are to be based; and it shall be the duty of the subcommission, in executive session, to examine and report upon the merits of the books, irrespective of the price, taking into con- sideration the subject matter of the books, their printing, their material and their mechanical qualities and their general suita- bility and desirability for the purposes for which they are desired and intended. The subcommission shall report to the commission at such time as the commission shall direct, arranging each book in its class or division and reporting books in the order of their merit, pointing out the merits and demerits of each, and indicating what book it recommends for adoption first, what book is its sec- ond choice, and its third choice, and so on, pursuing this plan with the books submitted upon each branch of study; and if the sub- commission shall consider different books upon the same subject or of the same class or division of approximately even merit, all things being considered, it shall so report, and, if it considers that any book offered is of such a class as to make it inferior and not worthy of adoption, shall in its report so designate such book. In its report it shall make such recommendations and suggestions to the commission as it shall deem advisable and proper to make. 1901, c. 1, ss. 3, 4. 4066. Report, when opened and where filed. The report of the subcommission shall be kept secret and sealed up and delivered to the secretary of the commission, and shall not be opened by any member of the commission until the commission and the subcom- mission shall meet in joint executive session to open and consider the bids or proposals of publishers or others desiring to have books adopted by the commission; and when such commission shall have finished with such report it shall be filed and preserved in the office of the Superintendent of Public Instruction and shall be open at all times for public inspection. 1901, c. 1, ss. 4, 6;. 1911, c. 118. 4067. Selection and adoption of books by the commission and the subcommission. The commission and subcommission in their selection and adoption of a uniform series of text-books shall con- sider the merits of the books, taking into consideration their sub- ject matter, the printing, binding, material, and mechanical qual- ity, their general suitability and desirability for the purposes in- 87 tended, and the price. The Text-book Commission and the sub commission in joint session shall select and adopt such books as will, in their judgment, best accomplish the ends desired; and in case any books are deemed by them suitable for adoption and more desirable than other books of the same class or division sub- mitted, and in case they consider the price at which such bookrj are offered to be unreasonably high, and that the same should be offered at a smaller price, they are hereby authorized and directed to notify immediately the publishers of such books of their de- cision, and request such reduction in price as they deem reason- able or just; and if they shall agree on a price with such pub- lishers they may adopt such books; but upon failure to agree upon price, they shall use their sound judgment and discretion as to the adoption of those or of other books deemed by them to be the next best in the list submitted. 1911, c. 118, s. 1, par. (h). 4068. Advertisement for bids. At any time within six months before the expiration of the now existing contracts, the commis- sion shall advertise, in such manner and for such a length of time and at such places as may be deemed advisable, that at a time and place fixed definitely in the advertisement sealed bids or proposals will be received from the publishers of school text-books for furnishing books to the public schools in the State of North Carolina, through agencies established by the publishers in the several counties, and in the several places, in the counties of the State as may be provided for in such regulations as the commis- sion may adopt and prescribe. The advertisement shall also state in substance the requirements of the next succeeding section and shall reserve the right to the commission to reject all bids. 1901, c. 1, ss. 1, 7, 11, 14; 1911, c. 118. 4069. Bids, how made; contents or. The bids or proposals shall be for furnishing books for a period of five years, and no longer, and no bid for a longer period shall be considered. The bids shall state specifically and definitely the price at which books are to be furnished, and shall be accompanied by ten or more specimen copies of each and every book proposed to be furnished; and it shall be required of each bidder to deposit with the Treas- urer of the State a sum of money, such as the commission may require, not less than five hundred nor more than twenty-five hun- dred dollars, according to the number of books each bidder may propose to supply, and such deposits shall be forfeited absolutely to the State if the bidder making the deposit of any sum shall fail or refuse to make and execute such contract and bond, as is here- inafter required, within such time as the commission shall reauiiv. All bids shall be sealed and deposited with the Secretary of State, to be by him delivered to the commission when in executive ses- sion, for the purpose of considering the same, when they shall be opened in the presence of the commission; and each person or publisher making a bid for the supplying of any books shall state 88 in such bid or proposal the exchange price at which such books shall be furnished. It shall be the duty of the Secretary of State to carefully preserve in his office, as the standard of quality and excellence to be maintained in such book during the continuance of the contracts for furnishing the same, the specimen or sample copies of all books which have been the basis of any contract, together with the original bid or proposal. 1901, c. 1, ss. 7, 9, 10. 4070. Bids and proposals may be kejected. The commission shall have and reserve the right to reject any and all bids or proposals if of the opinion that any or all should for any reason be rejected; and, in case it fail from among the bids or proposals submitted to select or adopt any books upon any of the branches prescribed by this chapter, may readvertise for sealed bids or proposals, under the same terms and conditions as before, and proceed with its investigations in all respects as in the first in- stance and as required by the terms and provisions of this chap- ter; and the commission shall have and reserve the same rights in cases of advertisement for and presentation of bids and proposals for manuscripts and unpublished books hereinafter provided for in this chapter. 1901, c. 1, s. 11. 4071. Manuscripts and unprinted books may be adopted. In the event that the commission rejects the bid for furnishing any book, or in case it fail to adopt any book of the classes required, it may advertise for sealed bids or proposals from authors or publishers of text-books who have manuscripts or books not yet published, for prices at which they will publish and furnish in book form such manuscripts for use in the public schools of North Carolina, proceeding in like manner at" in bids for furnishing books; but the State itself shall not r.nder any circumstances enter into any contract binding it to pay lor the publication of any book, but in the contract with the owner of the manuscript it shall be provided that he shall pay the compensation to the publisher for the publication and putting in book form the manuscript, to- gether with the cost and expense of copyrighting the same. All such bids or proposals shall be accompanied with a cash deposit of from five hundred to twenty-five hundred dollars, as the com- mission may direct and as heretofore provided in this chapter; and It is expressly provided that any person now doing business or proposing to do business in this State shall have the right to bid for the contract to be awarded hereunder in manner as follows: In response to the advertisement such person may submit his written bid to edit or have edited, published and supplied for use in the public schools in this State any book provided for hereunder. Instead of filing with the bid or proposal a sample or specimen or copy of each book proposed to be furnished, he may exhibit to the commission, in manuscript or printed form, the matter proposed to be incorporated in any book, together 89 with sucn a description and illustration of the form and style thereof as will be fully intelligible and satisfactory to the com- mission, or he may submit a book the equal of which in every way he proposes to furnish, and he shall accompany his bid or proposal with the cash deposit hereinbefore required. All such books and manuscripts shall be examined and reported upon by the subcommission before being adopted. 1901, c. 1, s. 11. 4072. Commission to deliver sample books to subcommission. It shall be the duty of the commission to meet at the time and place designated in the advertisement and take out the sample or specimen copies submitted, upon which the bids are based, and refer and submit them to the subcommission, as provided for and directed in this chapter, with instructions to the subcommission to report at a time specified, with the classification and recom- mendation, as provided in this chapter. 1901, c. 1, s. 8. 4073. Adoption of books. When the report of the subcommis- sion is submitted it shall be the duty of the commission and the subcorhmission to meet in joint executive session to open and ex- amine all sealed proposals submitted and received in pursuance of the notice or advertisement provided for in this chapter. It shall be the duty of the commission and the subcommission to examine and consider all such bids or proposals, together with the report and recommendation of the subcommission, and determine, in the manner provided in this chapter, what books, upon the branches hereinabove mentioned, shall be selected for adoption, taking into consideration the size, quality as to the subject matter, material, printing, binding and the mechanical execution, and price, and the general suitability for the purpose desired and intended. After the selection or adoption shall have been made, the commission shall award the contracts, and shall by registered letter notify the pub- lishers or proposers to whom the contracts have been awarded. But the commission shall not in any q^se contract with any per- son for the use of any book which shall be sold to patrons for use in any public school in the State in excess of the price at which such book is to be furnished by such person, under contract, to any state, county or school district in the Lnited States under like conditions as those prevailing in this State and under this chapter. 1901, c. 1, ss. 8, 9; 1911, c. 118. 4074. Contract, how executed. Upon the awarding of the con- tracts it shall be the duty of the Attorney-General to prepare the same in accordance with the terms and provisions of this chapter. On behalf of the State the contracts shall be executed by the Governor and Secretary of State, and the seal of the State shall be set thereto. All such contracts shall be executed in tripli- cate, of which one shall be kept by the secretary of the commission, one shall be filed in the office of the Secretary of State, and one shall be retained by the contracting party. All contracts entered 90 i.ito or renewed under the provisions of this chapter shall be for the term of five years. 1901, e. 1, ss. 8, 14. 4075. Contract; stipulations as to prices and exchange of BOOKS. It shall be stipulated in each contract that the contractor has never furnished and is not now furnishing under contract any state, county or school district in the United States, where like conditions prevail as are then prevailing in this State and under this chapter, the same books as are embraced in the con- tract at a price below that stipulated in the contract; and the commission is hereby authorized and directed, at any time that it may find that any books have been sold at a lower price under contract to any state, , county or school district, to sue upon the bond of the contractor and recover the difference between the contract and the lower price for which books have been sold; and it shall also be stipulated in the contract that the contractor shall take up school books in use in this State at the date of such con- tract, and receive the same in exchange for new books, allowing a price for such old books not less than fifty per cent of the contract price of the new books. 1901, c. 1, ss. 9, 10. 4076. Contract, as to liability of State. It shall always be a part of the terms and conditions of every contract made in pur- suance of this chapter that the State of North Carolina shall not be liable to any contractor in any manner for any sum whatever, but all such contractors shall receive their pay and compensation solely and exclusively from the proceeds of the sale of books, as provided for in this chapter. 1901, c. 1, s. 10. 4077. Contracts may be changed or altered. Nothing in this chapter shall prevent the commission and any contractor agreeing thereto from in any manner changing or altering any contract, if four members of the commission shall agree to the change and think it advisable and for the best interest of the public schools of the State. 1901, c. 1, s. 9. 4078. Books must come up to sample. The books furnished under any contract shall at all times during the existence of the contract in all respects be equal to the specimen or sample copies furnished with the bid. 1901, c. 1, s. 9. 4079. Bond of contractor. At the time of the execution of the contract the contractor shall enter into a bond in the sum of not less than ten thousand dollars, payable to the State of North Carolina, the amount of the bond within such limits to be fixed by the commission, conditioned for the faithful, honest and exact performance of his contract, and shall further provide for the payment of reasonable attorneys' fees in case of recovery in any suit upon the same, with three or more good and solvent sureties. 91 actual citizens and residents of this State, or any guaranty com- pany authorized to do business in this State may become the surety on such bond; and it shall be the duty of the Attorney- General to prepare and approve such bonds. The commission may at any time, by giving thirty days notice, require additional security or additional bond. 1901, c. 1, ss. 8, 9. 4080. Actions on the bond. In case any contractor shall fail to execute specifically the terms and provisions of his contract, the commission is hereby empowered and directed to bring an action upon the bond of such contractor for the recovery of any and all damages. Such action shall be in the name of the State of North Carolina, and the recovery shall be for the benefit of the public school fund of the State and counties, and when collected shall be placed in the treasury of the school fund. The bond shall not be exhausted by a single recovery, but may be sued on from time to time until the full amount thereof shall be recovered. And it is expressly provided that should any party contracting to furnish books, as provided for in this chapter, fail to furnish them or otherwise break his contract, in addition to the right of the State to sue on the bond hereinabove required, the chairman of the county board of education or any member thereof may sue in the name of the State in the courts of the State having juris- diction, and recover on such bond the full value of the books so , failed to be furnished, for the use and benefit of the school fund of the county. In all such cases service of process may be made on any agent or contractor in the county, or if no agent is in the county, then service may be made on any agent in charge of any depository, and such service shall be and stand in the place of service on the defendant contractor. 1901, c. 1, ss. 8, 9, 13. 4081. Deposits by bidders, when ketttened and when fobfeited. When any person shall have been awarded a contract and shall have given the bond required, the commission, through its secre- tary, shall so inform the Treasurer of the State, and it shall then be the duty of the Treasurer to return to such contractor the cash deposit made by him; and the commission, through its secretary, shall inform the Treasurer of the names of the unsuccessful bid- ders or proposers, and the Treasurer shall, upon the receipt of this notice, return to them the amounts deposited by them in cash at the time of the submission of their bids. But should any person fail or refuse to execute a contract and give the bond, as required by this chapter, within thirty days after the awarding of the contract to him and the mailing of the registered letter con- taining notice thereof, which shall be sufficient evidence that the notice was given and received, the cash deposit shall be deemed and is hereby declared forfeited to the State of North Carolina. 92 and it shall be the duty of the Treasurer to place such cash de- posit in the treasury of the State, to the credit of the school fund. 1901, c. 1, s. 8. 4082. Prices to be printed on books. It shall be the duty of all contractors to print plainly on the back of each book the contract price, as well as the exchange price at which it is agreed to be furnished, but the books submitted as sample or specimen copies with the original bid shall not have the price printed on them before they are submitted to the subcommission; and all books shall be sold to the consumer at the retail contract price, and on each book shall be printed the following: "The price fixed hereon is fixed by State contract, and any deviation therefrom should be reported to your county superintendent of public instruction or to the State Superintendent at Raleigh." 1901, c. 1, ss. 9, 13, 19. 4083. Agencies foe the distribution of books to patrons of PUBLIC schools; penalty. There shall be maintained in each county in the State not less than one and as many more agencies as the commission, upon recommendation of the county board of education, shall order, to be located at such points as the county board may recommend, for the distribution of books to the patrons, or the contractor shall be permitted to make arrangements with merchants or others for the handling and distribution of the books; and parties living in the county where no agency has been established or no arrangement made for distribution may order the same from one of the contractors, and it shall be the duty of«, the contractor or contractors to deliver any book so ordered to the person ordering, to his post-office address, freight, express, postage or other charges prepaid, at the retail contract price, if the price of the books so ordered shall be paid in advance. The contractors shall maintain one or more joint State deposito- ries at some convenient distributing point or points in the State, at which shall be kept at all times an ample supply of all adopted books for the convenient and expeditious supply of books to the local depositories in the various counties of the State. Whenever demanded and certified by the county superintendent of public in- struction of any county to be necessary, to secure and keep on hand an ample supply of books at any local depository, the con- tractors shall furnish books to such local depository upon con- signment. And every contractor shall be required to keep on hand at all times at every established agency in every county an ample supply of books to meet all demands of patrons and pur- chasers, and upon failure to do so, or upon failure to establish agencies when ordered to do so by the commission, as directed herein, the contractor shall be liable to a penalty of five hundred dollars for each and every failure to comply with the provisions of this section, to be sued for by the Attorney-General -in the name of the State in the Superior Court of the county of Wake, for the benefit of the school fund of the county injured by such failure; and if any contractor against whom judgment shall be obtained 93 for such penalty shall fail to pay the same within thirty days after the docketing thereof, he shall forfeit his contract, and the commission shall so declare, and shall thereupon proceed to make a new contract for books with some other contractor. The county superintendent shall notify the contractors annually of the date of opening the public schools, at least thirty days before they open. 1901, c. 1, s. 13; 1903, c. 691, ss. 1, 2; 1911, c. 118, s. 1, par. (1). 4084. Contract proclaimed by Governor; notices issued by State Superintendent. As soon as the commission shall have entered into a contract for the furnishing or supplying of books for use in public schools it shall be the duty of the Governor to issue his proclamation announcing such fact to the people of the State; and as soon thereafter as practicable the State Superin- tendent shall issue a circular letter to each county superintendent in the State and to such others as he may desire, which letter shall contain the list of books adopted, the prices, location of agencies, and method of distribution, and such other information as he may deem necessary. 1901, c. 1, ss. 12, 15. 94 PUBLIC HIGH SCHOOL LAW AN ACT TO STIMULATE HIGH SCHOOL INSTRUCTION IN THE PUBLIC SCHOOLS OP THE STATE, AND TEACHER TRAINING. The General Assemtly of North Carolina do enact: HIGH SCHOOLS MAY BE MAINTAINED NOT LESS THAN SEVEN MONTHS ANNUALLY. Section 1. With the consent of the State Board of Education, the county board of education in any county may in its discretion establish and maintain, for a term of not less than seven school months in each school year, one or more public high schools for the county, at such place or places as shall be most convenient for the pupils entitled to attend and most conducive to the purposes of said school or schools. HiiGH SCHOOL COMMITTEE TO CONSIST OF THREE PERSONS. Sec. 2. For each public high school established under this act a committee of three persons shall be appointed by the county board of education, who shall be known as the School Committee of Public High School of County. The powers, duties and qualifications of said committee- men shall be similar to those of other public school committeemen. They shall be appointed as follows: one for a term of two years, one for a term of four years, and one for a term of six years; and at the expiration of the term of any committeeman his successor shall be appointed for a term of six years: Provided, that in case of death or resignation of any committeeman his successor shall be appointed for the unexpired term only. Within two weeks after appointment the committee shall meet and elect a chairman and a secretary and enter upon the performance of their duties: Provided further, that the board of trustees or school committee of any chartered school receiving aid under section six of this act shall serve as the high school committee for said school. ETJLES, regulations, AND COURSE OF STUDY. Sec. 3. All public high schools established and maintained under the provisions of this act shall be operated by the county board of education, under such general rules and regulations as may be prescribed by the State Board of Education. The courses of study for such high schools and the requirements for admis- sion to them shall be prescribed by the State Superintendent of Public Instruction. 95 INSPECTION, CERTIFICATES, AND MINIMUM SALAEY OF TEACHERS. Sec. 4. It shall be the duty of the county board of education to locate all high schools established under this act, to furnish the State Superintendent of Public Instruction with such infor- mation relative to said schools as he may require, and to make such local rules and regulations for the conduct of said schools as may be necessary: Provided, all public high schools estab- lished and aided under this act shall be subject to such inspection as may be directed by the State Superintendent of Public Instruc- tion and shall make such reports as shall be required by him: Provided further, that no one shall teach in any public high school that receives State funds under this act who does not hold a high school teacher's certificate from the State Board of Ex- aminers, who shall have power te prescribe a standard of schol- arship and examination for same; and Provided further, that no one shall be employed as teacher in such high school without the approval and recommendation of the county superintendent. The minimum salary of any public high school teacher holding such certificate and employed as high school teacher in such high school shall be forty dollars per school month. HIGH SCHOOLS AIDED MUST HAVE THREE TEACHERS. Sec 5. No public high school shall be 'established or maintained under this act in connection with any public elementary school having an annual school term of less than seven months; and every public elementary school operated in connection with a public high school established under this act shall have at least two teachers giving their full time to instruction in the branches of study required to be taught in the public elementary schools of the State; and no public high school shall be entitled to the benefits of this act that does not have at least one duly licensed high school teacher giving his full time to instruction in the high school branches as outlined by the State Superintendent of Public Instruction: Provided, that this section shall not be con- strued to prevent the principal of a public high school from serving as principal of the public elementary school operated in connection thereioith to the extent of exercising supervisory and disciplinary functions over said public elementary school. [Each school must have at least two teachers in addition to the high school teacher.] Sec. 6. (Substitute for). Public high schools shall not be estab- lished and aided under this act in towns or cities of more than twelve hundred inhabitants, except as is hereinafter provided in this section: Provided, that the county board of education may approve for the purposes of this act one regularly organized town or city high school of standard grade and may enter into agree- ment or contract with the board of trustees or committee of said high school whereby students of high school age and grade resid- ing outside the limits of said high school district and public schoo''- teachers of the county, may be permitted to attend for the full term each year said high school free of tuition. But no such con- tract or agreement shall entitle such high school to the benefits of this act until said contract or agreement shall have been approved by the State Board of Education. And when such contract or agreement shall have been approved by the State Board of Edu- cation said town or city high school shall be subject to the pro- visions and entitled to the benefits of this act: Provided further, that said toivn or city high school shall maintain an average daily attendance for the full term of at least ten high school students from outside the local district. CONDITIONS OF STATE AID. Sec. 7, The county superintendent of schools in any county in which said public high school or high schools shall be established shall give due notice of the same to the State Board of Educa- tion before any State funds shall be appropriated for the support of said school or schools after the recommendation and location of a public high school have been approved by the State Board of Education, and when the county treasurer of any county shall certify to the State Superintendent of Public Instruction that as much as two hundred and fifty dollars has been placed to the credit of any public high school established and inspected as pro- vided for in this act, thereupon a State warrant shall be issued upon requisition of the State Superintendent of Public Instruction for two hundred and fifty dollars and sent to the treasurer of the county in which such high school is located, to be placed to the credit of said high school and paid out exclusively for the support of said high school on the warrant of the high school committee, approved by the county superintendent of schools. The treasurer of each county in which such public high school or schools shall be established shall keep a separate account of the public high school fund, and at the end of each school year he shall make to the State Superintendent of Public Instruction and to the county board of education a report of all receipts and disbursements of said fund. MAXIMUM STATE AID FIVE HUNDKED DOLLARS AND NUMBER OF SCHOOLS AIDED IN ONE COUNTY LIMITED TO FOUR. Sec 8. If a larger amount than two hundred and fifty dollars be provided by taxation or by private donation or by local appro- priation, or otherwise, for the support of any public high school established and maintained under the provisions of this act, then the State shall contribute a like amount: Provided, that the State shall not contribute more than five hundred dollars in any one school year for the support of any one high school: Provided further, that not more than four public high schools in any one county shall be entitled under the provisions of this act to receive State funds. 97 NO SCHOOLS AIDED IN TOWNS OF MORE THAN ONE THOUSAND TWO HUNDRED. Sec. 9. Every public high school receiving State aid under this act shall maintain an average daily attendance of at least ten high school students for the required term, and any public high school making an average daily attendance of less than ten for the required term shall not be entitled to receive State aid under this act; and every public high school receiving the maximum State aid allowed under this act shall maintain for the required term an average daily attendance of at least twenty, and any public high school inaMng for the required term an average daily attendance of less than twenty shall have its apportionment from the State reduced proportionately . SUM OF SEVENTY-FIVE THOUSAND DOLLARS ANNUALLY APPROPRIATED. Sec. 10. The sum of seventy-five thousand dollars, or so much thereof as may be necessary, is hereby annually appropriated for the purposes of high school instruction and teacher training pro- vided for in this act. The State Board of Education shall have the power to fix such rules and regulations, in accordance with the provisions of this act, as may be necessary for the proper distribution of this fund. [Sections 11 to 18, inclusive, relate only to the East Carolina Teachers' Training School.] Sec. 19. That this act shall be in force from and after its rati- fication. In the General Assembly read three times and ratified, this the 8th day of March, A. D. 1907. 1907, c. 820; 1909, c. 525; 1911, c. 135; 1913, c. 149. 98 DEAF CH!LDREi\l MUST ATTEND SCHOOL AN ACT TO COMPEL WHITE DEAF CHILDREN TO ATTEND SCHOOL. The General AsseviMy of North Carolina do enact: Section 1. That every deaf child of sound mind in North Caro- lina shall attend a school for the deaf at least five school terms of nine months each, between the ages of eight years and fifteen years. Sec. 2. That parents, guardians or custodians of a deaf child or deaf children between the ages of eight and fifteen years shall send said child or children, or cause to be sent, to some school for the instruction of the deaf, at least five terms or sessions of nine months each, between the ages of eight years and fifteen years. Sec. 3. That parents, guardians or custodians of any deaf chil- dren between the ages provided in section two of this act failing to send said deaf child or deaf children to some school for instruc- tion, as provided in this act, shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, at the discretion of the court, for each year said deaf child is kept out of school, be- tween the ages herein provided: Provided, that said parents, guardians or custodians may elect two years between said ages of eight and fifteen years that a deaf child or deaf children may re- main out of school: Provided further, that this section shall not apply to or be enforced against the parent, guardian or custodian of any deaf child until such time as the superintendent of any school for the instruction of the deaf, by and with the approval of the executive committee of such institution, shall in his and their discretion serve written notice on such parent, guardian or custodian, dii-ecting that such child be sent to the institution whereof they have charge. Sec. 4. That it shall be the duty of the school census taker to report name, age and sex of each deaf child in his district, and name of parents, guardians or custodians and their post-office address, to the county superintendent of education, who shall send said report of names and addresses to the Superintendent of the North Carolina School for the Deaf and Dumb, located at Mor- ganton, N. C; that said census taker or county superintendent failing to make reports as provided in this act shall be fined five dollars ($5) for each white deaf child not so reported. Sec. 5. That said fine as provided in section three (3) of this act and said fine of five dollars ($5) provided in section four (4) of this act, when collected, shall be paid to the public school fund of the county in which such child lives. Sec. 6. That this act shall take effect the first day of Septem- ber, 1907. 1907, c. 1007. 99 SCIENTIFIC TEMPERANCE INSTRUCTION AN ACT RELATING TO SCIENTIFIC TEMPERANCE INSTRUCTION IN THE PUBLIC SCHOOLS. The General Assembly of North Carolina do enact: Section 1. In addition to ths branches in which instruction is now required by law to be given in all schools supported wholly or in part by public money, instruction shall also be given as to the nature of alcoholic drinks and other narcotics and their effect upon the human system, in connection with the various divisions of physiology and hygiene, and such subject shail be taught in each school year below the second year in the high schools, and shall be taught as thoroughly as arithmetic and geography are taught in said schools: Provided, that the minimum amount of such instruction shall be two lessons each week for ten weeks, or the equivalent of the same, in schools employing one teacher, and three lessons each week for ten weeks, or the equivalent of the same, in schools employing two or more teachers. Such instruc- tion shall be given by the use of text-books in the hands of all pupils in all grades from the fourth grade to the first year in the high school, inclusive, or in corresponding classes in graded schools, and orally to all pupils in the first three or primary grades, by teachers using text-books adapted to such oral instruc- tion as a guide and standard; and all pupils must pass such tests as may be required in other studies before promoting to the next succeeding year's work, and such instruction shall be given as aforesaid to all pupils in all public schools of the State. Sec. 2. The text-books used for the instruction required to be given by the preceding section shall be graded to the capacities of the pupils, and for students below high school grade such text- books shall give at least one-fifth their space, and for students of fifth school grade they shall give not less than twenty pages to the nature and effects of alcoholic drinks and other narcotics; but no book in which the required amount of this subject shall ap- pear, in whole or part, as a separate chapter at the end of the book shall be considered as complying with the requirements of this statute, and no topical outline of study for the guidance of teachers which reduces the amount of temperance instruction below that which is required by the text-books provided for in this act shall be considered as complying with the intent of the law. No text-book on physiology and hygiene not conforming to this act shall be used in the public schools except so long as may be necessary to fulfill the conditions of any legal adoption existing at the time of the passage of this act. Sec. 3. In all normal schools, teachers' training classes, teach- ers' institutes, teachers' associations, summer schools and all other organizations for the equipment of teachers, adequate time and 100 attention shall be given to instruction in the best methods of teaching physiology and hygiene, with special reference to the na- ture of alcoholic drinks and other narcotics; and no teacher shall be licensed who has not passed a satisfactory examination in this subject and the best method of teaching it. Sec. 4. That it shall be the duty of the proper ofl&cer in control of any school or schools described in the first and third sections of this act to enforce the provisions of this act; and any such offi- cer, school director, committee, superintendent or teacher who shall refuse or neglect to comply with the requirements of this act or shall neglect or fail to make proper provision for the in- struction required and in the manner specified by this act for all pupils in each and every school under his control and supervision shall be removed from office and the vacancy filled as in other cases; and if it be satisfactorily proved that trustees or board of education or board of educational institutions, receiving money from the State have failed to enforce this act, as far as they have authority, it shall be deemed sufficient cause for withholding the warrant for the State appropriation of school money to which such district or educational institution would otherwise be en- titled. Sec. 5. This act shall be in full force from and after its ratifi- cation In the General Assembly read three times and ratified this the 11th day of March, A. D. 1907. 1907, c. 957. 101 HEALTH LAW Sec. 9. County board of health, who constitutes; eleci^ion COUNTY PHYSICIANS. The Chairman of the board of county commis- sioners, the mayor of the county town, and in county towns where there is no mayor the clerk of the Superior Court, and the county superintendent of schools shall meet together on the first Monday in April, one thousand nine hundred and eleven, and thereafter on the first Monday of January in the odd years of the calendar, and elect from the regularly registered physicians of the county, two physicians, who, with themselves, shall constitute the county board of health. The chairman of the board of county commissioners shall be the chairman of the county board of health, and the presence of three members at any regular or called meeting shall consti- tute a quorum. The term of office of members of the county board of health shall terminate on the first Monday in January in the odd years of the calendar, and while on duty they shall receive four dollars per diem, to be paid by the county. The county board of health shall have the immediate care and responsibility of the health interests of their county. They shall meet annually in the county town, and three members of the board are author- ized to call a meeting of the board whenever in their opinion the public health interest of the county requires it. They shall make such rules and regulations, pay such fees and salary, and impose such penalties as in their judgment may be necessary to protect and advance the public health: Provided, that all expenditures shall be approved by the board of county commissioners before being paid. The board of health shall meet on the first Monday ot July, one thousand nine hundred and thirteen, and thereafter on the second Monday of January in the odd years of the calendar, and elect either a county physician or county health officer, who shall serve thereafter until the second Monday in January of the odd years of the calendar: Provided, that if the county board of health of any county shall fail to elect a county physician or a county health officer within two calendar ni'.nths of the time set in this section the Secretary of the State Hoard of Health shall appoint a registered physician of good stp.ding in the said county to the office of county physician, who x:all serve the remainder of the two years, and shall fix his compensation to be paid by said county in proportion to the compensation paid by other coun- ties for like service, having in view the amount of tax collected by said county. Sec. 10. Rules of the county boaed of health. If any per- son shall violate the rules and regulations made by the county board of health he shall be guilty of a misdemeanor, and fined not exceeding fifty dollars or imprisoned not exceeding thirty days. Sec. 11. Duties of physicians and health officers, penalty for nonperformance. The duties of the county physicians shall be 102 to make the medico-legal post mortem examinations for the coro- ners' inquests, to make examination of lunatics for commitment, to render professional service to the sick inmates of the convict camp, jail, and county home, upon request of the superintendent or the keeper of these institutions, and to determine the nature of any particular disease, upon request of the quarantine officer or the deputy quarantine officer: Provided, that the county physician shall have the right to employ any other regularly registered physician of his county to perform any or all of the duties per- taining to the jail, county home, or convict camp, when in his judgment it is desirable to do so: Provided, however, that the terms under which physician is employed by the county physician shall be approved by the board of county commissioners: Pro- vided further, that if a county physician shall be employed to devote his entire time to the county public health work, he shall perform, in addition to the aforesaid duties, the duties of quaran- tine officer, and the following additional duties: he shall make a sanitary examination during the summer months of every public school building and grounds in the county, and no school commit- tee or teacher shall make use of any school building or grounds until the county superintendent of health shall certify in writing that said building and grounds have been inspected and found to be in a satisfactory sanitary condition within four months of the date of the certificate. He shall examine every school child that has previously been examined by the teacher according to methods furnished said teacher by the county superintendent of schools, and reported to said county superintendent of schools as probably defective in the condition of its eyes, ears, nose, or throat, and he shall further endeavor to have examined the feces of every child whom he suspects of hav^ing hookworm disease. He shall notify on blank forms and in accordance with instruc- tions furnished by the State Department of Public Instruction, every parent or guardian of a child having any defect of the aforesaid organs, or hookworm disease, and he shall suggest to said parent or guardian the proper course of treatment and urge that such treatment be procured. He shall cooperate fully with the county board of education, the county superintendent of schools, and the teachers in the public schools, to the end that children may be better informed in regard to the importance of health and the methods of preventing disease. He shall, through the county press, public addresses, and in every available way, endeavor to educate the people of his county to set a higher value on health, and to adopt such public and private measures as will tend to a greater conservation of life. Any violation of this sec- tion shall constitute a misdemeanor, and shall subject the de- fendant to a fine of not less than ten dollars nor more than fifty dollars. 103 COUMTY FARM-LIFE SCHOOL LAW AN ACT TO PROVIDE FOR THE ESTABLISHMENT AND MAINTENANCE OF COUNTY FARM-LIFE SCHOOLS AND FOR THE PROMOTION OF AGRICULTURE AND HOME MAKING. (Chapter 71, Public Laws of 1911.) The General Assembly of North Carolina do enact: Section 1. There shall be established and maintained in every county complying with the provisions of this act as hereinafter set forth a school to be knov/n as a "County Farm-life School" for the training and preparation of the boys and girls of said county for farm life and home making. THE AIM OF THE COUNTY FAEM-LIFE SCHOOL. Sec. 2. The aim of said school shall be to prepare boys for agricultural pursuits and farm life and to prepare girls for home making and housekeeping on the farm. The course of study in said school shall be subject to the approval of the State Superin- tendent of Public Instruction and an advisory board on farm-life schools, to be appointed by him: Provided, hoioever, that the course of study shall include practical work on the farm by the boys and practical work in all subjects relating to housekeeping and home making by the girls. BOARD OF TRUSTEES. Sec. 3. Said school shall be under the control and management of a board of trustees, consisting of one member from each town- ship in the county, appointed by the county board of education, who shall serve until their successors shall be appointed. The first board of trustees shall be divided by the county board of education into' three as nearly equal groups as possible — one group shall be appointed for a term of two years, one group for a term of four years, and one group for a term of six years. Upon the expiration of the term of office of any trustee his successor shall be appointed for a term of six years. The county superin- tendent of public instruction shall be ex officio a member of said board and secretary thereof. All vacancies occurring by death, resignation or otherwise, in said board shall be filled for the un- expired term by the county board of education. Sec. 4. Within ten days after any county, township or town- ships shall have complied with the provisions of this act as hereinafter set forth for the maintenance and equipment of said school, the members of the board of trustees shall be appointed, and the county superintendent shall duly notify them to meet at the county seat within ten days after their appointment to qualify and organize. 104 LOCATION. Sec. 5. After due advertisement, inviting bids for the location of said scliool within said county, said board of trustees shall locate it at such place in said county as shall offer the largest financial aid for maintenance and equipment, having due regard for desirability and suitability of location: Provided, however. that said school shall not be located in any city or town of more than one thousand inhabitants, nor within two miles of the cor- porate limits of any city or town of more than five thousand in- habitants. BUILDINGS. FARM, MAINTENANCE, ETC. Sec. 6. For the maintenance of said school, the county or town- ship or school district, or all combined, wherein it is located, shall provide annually, by taxation or otherwise, not less than twenty- five hundred dollars. The county or township or school district, or all combined, shall also provide by bond issue, or otherwise, the following equipment for said school: a school building with reci- tation rooms and laboratories and apparatus necessary for effi- cient instruction in the prescribed subjects of study; dormitory buildings with suitable accommodations for not less than twenty- five boys and twenty-five girls; a barn and dairy building with necessary equipment; a farm of not less than twenty-five acres of good arable land. All of said buildings shall be located on said farm and shall be constructed in accordance with plans approved by the State Superintendent of Public Instruction, and the entire equipment shall be subject to his approval and acceptance after inspection: Provided, however, that, upon recommendation of the board of trustees and the presentation of satisfactory reasons therefor, the State Superintendent of Public Instruction may grant permission to said board of trustees to accept any suitable and properly equipped school building already constructed, though it may not be located on said farm, provided it be located within reasonable and convenient distance thereof, and may also grant permission to reduce the required acreage for the farm to not less than ten acres. PROVISION FOR ELECTION IN COUNTY. Sec 7. Upon written request of the county board of education of any county, the board of county commissioners of said county may in their discretion order an election to be held in said county, in accordance with the law governing general elections therein, as nearly as may be: Provided, however, that a new registration shall be ordered for said election; and not less than thirty days notice of said election shall be given at the court house door and three other public places in said county; and if there be news- papers published in said county, a notice of said election shall also be publisned weekly for four successive weeks preceding said election in one newspaper therein; and the registrars and poll- holders shall canvass the vote cast, declare the result, and duly certify the returns to the board of county commissioners, and the 105 returns shall be recorded in the records of said board of county commissioners. At said election shall be submitted to the quali- fied voters of the county the question of levying and collecting a special tax on all taxable property and polls of said county for the maintenance and equipment of a "County Farm-life School" therein. At such election those favoring the levying and collec- tion of such a tax for said purpose shall vote a ballot on which shall be written or printed the words "For County Farm-life School"; and those opposed shall vote a ballot on which shall be written or printed the words "Against County Farm-life School." If a majority of the qualified voters shall vote "For County Farm- life School," then all the provisions of this act shall be in full force and effect, and the county commissioners shall annually levy and cause to be collected, in the same manner and at the same time as other taxes of the county are levied and collected, a tax on all property and polls of the county sufficient to provide the sum required of said county under section six of this act for the annual maintenance of said school, and, in addition, the sum required for the payment of the annual interest on such bond issue as may be found necessary for providing the equipment for said school required under section six of this act, as said interest accrues, and to create a sinking fund for the purpose of paying off and discharging said bonds as they become due. The bond of the sheriff or tax collector of said county shall be responsible for said tax to the same extent as it is liable for other taxes collected by him. BONDS TO BE ISSUED. Sec. 8. If a majority of the qualified voters at the election herein provided for shall vote "For County Farm-life School," it shall be deemed and held that a majority of the qualified voters are in favor of granting to the board of county commissioners of said county authority to issue bonds in an amount not to exceed twenty-five thousand dollars for the purpose of providing the nec- essary equipment prescribed in section six of this act; and such authority shall be granted to and vested in said board of county commissioners and said board is hereby authorized and empow- ered to issue and sell bonds in the name of said county to am amount not to exceed twenty-five thousand dollars, of such de- nomination and of such proportion as said board of county com- missioners may deem advisable, bearing interest at a rate not to< exceed six per centum, with interest coupons attached, payable at such time or times and at such place or places as may be deemed advisable by said board of county commissioners, such bonds to be of such form and tenor and transferable in such way, and the principal thereof payable or redeemable at such time or times, not less than fifteen years from the date thereof, and at such place or places as said board of county commissioners may determine. The proceeds arising from the sale of said bonds shall be expended by said board of county commissioners in providing;. 106 by purchase or otherwise, the equipment in land, buildings and apparatus required in seeticn six of this act for the "County Farm- life School": Provided, Jionever, that the treasurer of said county shall receive no compensation for receiving or disbursing the money which may be received from the sale of said bonds. ELECTION IN TOVS^NSI-Iir — ISSUANCE OF BONDS TO SECTJEE LOCATION. Sec. 9. The county commissioners of any county that has voted for the establishment of a "County Farm-life School" therein shall, upon petition of one-fourth of the freeholders in any township applying to the trustees of said "County Farm-life School" to secure the location of said school therein, order an election therein, to be held after thirty days notice at three public places in said township, under the law governing State and county elections as nearly as may be, and the returns of said election shall be certi- fied by the registrars and pollholders to the board of county com- missioners, and the same shall be recorded in the records of said county commissioners; at which election shall be submitted to the qualified voters of said township the question of issuing bonds in a sum not to exceed twenty-five thousand dollars, the amount of said bond issue to be set out in the petition for said election, and of levying and collecting on all taxable property and polls in said township a special tax sufficient to provide for the payment of the. interest on said township bonds as it accrues and to create a sink- ing fund for the purpose of paying off and discharging said town- ship bonds as they become due. At such election, those favoring the levying and collection of such a tax for said purpose shall vote a ballot on which shall be written or printed the words "For County Farm-life School," and those opposed shall vote a ballot on which shall be written or printed the words "Against County Farm-life School." If a majority of the qualified voters at said election shall vote "For County Farm-life School," then it shall "be deemed and held that a majority of the qualified voters are in favor of granting to the board of county commissioners of said county authority to issue bonds in the name of said township in such amount as shall have been named in the petition and notice of election, to be sold by said commissioners for the purpose of aiding in providing the buildings and farm and other equipment for the "County Farm-life School," provided said school shall be located in said township; and if said school shall be located in ■said township, the board of county commissioners shall annually levy and cause to be collected, in the same manner and at the same time as other taxes of the county are levied and collected, a tax on all property and polls in said township, sufficient to pro- vide for the payment of interest on said township bonds as it accrues and to create a sinking fund for the purpose of paying off and discharging said township bonds as they become due; and said l)oard of county commissioners is hereby authorized and empow- ered to issue and sell said bonds of said township to the amount 107 specified in said petition and notice of election, of such denomina- tion and of such proportion as said board of county commissioners may deem advisable, bearing interest at a rate not to exceed six per centum, with interest coupons attached, payable at the time or times, and at the same place or places, and of the same form and tenor, and the principal thereof payable or redeemable at the same time or times and at the same place or places as the county bonds issued by said board of county commissioners for the equip- ment of said "County Farm-life School." The proceeds arising from the sale of said township bonds shall be added to the pro- ceeds arising from the sale of said county bonds and expended therewith by said board of county commissioners in providing, by purchase or otherwise, the equipment in land, buildings and ap- paratus required in this act for the "County Farm-life School": Provided, hoivever, that any two or more contiguous townships bidding for the location of said "County Farm-life School" may unite and hold an election upon the same terms and conditions as are herein provided for one township for the location of the "County Farm-life School" at such point in said townships as may be determined by the board of trustees of said "County Farm-life School": Provided, that the amount of bonds authorized to be issued by one or more townships in order to secure the location of the "County Farm-life School" in a given township shall be de- ducted from the amount of bonds authorized to be issued by the county, so as to limit the total issue of the bonds for farm, build- ings and equipment to twenty-five thousand dollars. IF ELECTION FAILS IN COUNTY, TOWNSHIP OR CONTIGUOUS TOWNSHIPS MAY PROVIDE FOR ESTABLISHMENT OF COUNTY FARM-LIFE SCHOOL. Sec. 10. In case an election shall be ordered and held in any county as herein provided, for the establishment and maintenance of a "County Farm-life School" therein, and a majority of the qualified voters at such election shall fail to vote "For County Farm-life School" any township in said county, or any two or more contiguous townships in said county, shall, upon petition of one-fourth of the freeholders therein to the board of county com- missioners of said county, have an election ordered by said com- missioners upon the same terms and conditions prescribed in sec- tion nine of this act: Provided, that a new registration shall be ordered ; and if in such election a majority of the qualified voters in said township or townships shall vote "For County Farm-life School," then, in that event, it shall be deemed and held that the board of county commissioners of said county is authorized and empowered to issue and sell bonds in the name of said township or townships in an amount not to exceed twenty-five thousand dol- lars, and to levy and cause to be collected in the same manner and at the same time as other taxes of the county are levied and collected, a sufficient tax on all property and polls in said town- ship or townships to comply with all the conditions named in this 108 act for the maintenance and equipment of a "County Farm-life School," subject to the same conditions as are herein provided for the issuance and sale of county bonds and the levying and col- lection of a county tax for said purpose; and the said "County Farm-life School" shall thereupon be located at such point in said township or townships as may be determined by the board of trustees of said "County Farm-life School" provided for in this act; and such school, when thus established, shall be a "County Farm-life School" for said county, and shall be subject to all the rights, privileges and obligations and conditions prescribed in this act for "County Farm-life Schools," except as herein otherwise provided: Provided further, that at any time after the establish- ment of said "County Farm-life School" by the township or town- ships under the provisions of this section, the county may, under the provisions of section seven of this act, hold an election as therein provided; and if at said election a majority of the quali- fied voters of the county shall vote "For County Farm-life School," and the tax and bond issue provided for in said section seven for the maintenance and equipment of a county farm-life school shall be provided, as directed therein, by the county commissioners for the entire county, said school, established under this section by the township or townships, shall become a county farm-life school in all respects like a county farm-life school established under section seven hereof; and the bonds of the township or townships and the tax levied for the maintenance of said school and for interest and sinking fund on said bonds, under this sec tion, shall be assumed by the entire county, as provided in section seven hereof, and the bonds of said township or townships shall be canceled by substituting therefor the county bonds provided for in section seven hereof . HIGH SCHOOL, DEPARTMENT CONDUCTED IN CONNECTION WITH COUNTY FARM-LIFE SCHOOL. Sec. 11. There shall be established and maintained in connec- tion with each county farm-life school such a high school course of study as is prescribed under the high school law of the State for first-grade public high schools, and for the maintenance of such high school department of the county farm-life school there shall be the same county and State apportionments as are now made and required for a first-grade public high school under the pro- visions of the public high school law of the State. If an additional apportionment for said high school department of said school can- not be made out of the State appropriation for public high schools, then the State and county appropriations for one or more of the existing high schools in said county shall be transferred to the maintenance and support of said high school department of said county farm-life school. If said county farm-life school shall be located at the same place with some existing public high school in said county established and maintained under the public high 109 school law of the State, then said public high school shall be merged into and become the high school department of said county farm-life school as an organic part thereof; and the appropriations rcr the maintenance thereof shall be the same as the appropria- tions now required for a first-grade public high school under the provisions of the public high school law of the State. The require- ments for teachers in said high school department of the county farm-life school shall be the same as are now required for high- school teachers under the said high school law. Said high school department and course of study, however, and thu entire man- agement of the same shall be under the direction and control of the board of trustees and the principal of the county farm-life school, and shall be conducted as an organic part of said school. CERTIFICATION OF TEACHERS. Sec. 12. No person shall be employed as principal in charge or any "County Farm-life School" who does not hold a high school teacher's certificate on all required subjects except Latin, Greek, and modern languages, including an additional certificate from the State Board of Examiners and the president of the North Caro- lina College of Agriculture and Mechanic Arts, stating that he has furnished satisfactory evidence to them of his qualifications by special training and practical experience for said position. And no person shall be employed in the department of said "County Farm-life School" for the special training of girls for home making and housekeeping on the farm who does not hold a high school teacher's certificate on all required subjects except Latin, Greek, and modern languages, including an additional cer- tificate from the State Board of Examiners and the president of the State Normal and Industrial College, stating that such per- son has furnished to them satisfactory evidence of qualifications by special training and practical experience for said position. AGRICULTURAL AND FARM-LIFE EXTENSION AND DEMONSTRATION — SHORT COURSES FOR ADULTS, MEN AND "WOMEN. Sec. 13. It shall be a part of the duty of the faculty of each "County Farm-life School" to conduct agricultural farm-life ex- tension and demonstration work in said county, in cooperation, as far as possible, with such work carried on in said county by the State Department of Agriculture, the North Carolina College of Agriculture and Mechanic Arts, and the United States Depart- ment of Agriculture; to hold township and district meetings in various parts of the county from time to time for farmers and farmers' wives; to cooperate with the county superintendent of public instruction and with the county commissioner of agricul- ture, where such officer exists, in stimulating, directing, and supervising practical farm-life work in the public high schools and the elementary schools of the county, and in providing in- struction, through the county teachers' association and through 110 special short courses of study at said "County Farm-life School," for the public school teachers of said county. There shall be pro- vided in the courses of study of said "County Farm-life School" short courses in farm-life studies to which shall be admitted adult farmers, men and women; and there shall be held at said "County Farm-life School" annually one or more county meetings for the farmers and their wives of said county for instruction and demon- stration work. All of the work herein required and all other work of the "County Farm-life School" shall be under the general supervision of the county superintendent of public instruction, and said school shall in all respects be an organic part of the county public school system. ADMISSION OF STUDENTS FROM OTHER COUNTIES. Sec. 14. The board of trustees of the "County Farm-life School" of any county is hereby authorized and empowered to admit stu- dents from other counties of the State to said school upon pay- ment of such rate of tuition as said board of trustees may fix; but all students who are residents of the county in which said school is located shall be admitted to said school without charge for tuition, except as provided for in section ten of this act; and said board of trustees shall fix all other charges in said school at actual cost. treasurer of COUNTY FARM-LIFE SCHOOL. Sec. 15. The treasurer of said county shall be the treasurer of said "County Farm-life School," and shall receive and disburse all funds therefor, keeping and rendering annually to the board of trustees of said school a separate account of such receipts and disbursements: Provided, that said treasurer, if employed on salary, shall receive no additional compensation for his services; and if employed on commission, he shall receive as compensation not to exceed one per cent on all disbursements and nothing on receipts. The ofiicial bond of said treasurer shall be responsible and held liable for all funds coming into his hands for said school to the same extent as it is liable for other funds received by him as treasurer of said county. the CORPORATE NAME. Sec. 16. The board of trustees of the said "County Farm-life School" and their successors in oflace shall be and are hereby con- stituted a body corporate by the name and style of "The Board of Trustees of the County Farm-life School of County," and by that name may sue and be sued, contract and be contracted with, purchase, hold and sell real estate and personal property, receive donations by gift or otherwise, and exercise such other rights and privileges as are conferred by law upon corporate bodies. The title to all lands and other property of the "County Farm-life School" shall vest in said board of trustees. Ill APPROPRIATION OF STATE FUNDS. Sec. 17. Upon satisfactory evidence furnished to the State Board of Education that all the provisions of this act for the establishment, maintenance and equipment of a "County Farm-life School" have been complied with in any county, the said State Board of Education shall order the State Supeinntendent of Public Instruction to issue a requisition upon the State Auditor for the sum of two thousand five hundred dollars annually for the main- tenance of said school, and the State Auditor shall issue his war- rant in favor of the county treasurer of said county for said amount, which shall be paid out of the State Treasury and the money placed to the credit of the "County Farm-life School" of said county; and sufficient moneys to pay said warrants are here- by appropriated out of any funds in the hands of the State Treas- urer not otherwise appropriated: Provided, lioioever, that there shall not be established more than ten such schools in any one year, and that not more than one such school shall be established in any county. Sec. 18. This act shall be in full force and effect from and after its ratification. Ratified this the 3d day of March, A. D. 1911. 1911, c. 84. SPECIAL COUNTY TAXATION FOR SCHOOLS AN ACT TO AUTHORIZE ANY COUNTY IN NORTH CARO- LINA TO VOTE UPON THE LEVYING AND COLLECTION OF A SPECIAL TAX ON PROPERTY AND POLLS TO SUP- PLEMENT THE COUNTY SCHOOL FUND OF SAID COUNTY. The General Assembly of North Carolina do enact: Section 1. That the county commissioners of any county, upon the petition of the county board of education of said county, may order an election to be held in said county to ascertain the will of the people whether there shall be levied on all taxable prop- erty and polls of said county a special tax, not to exceed thirty cents on the one hundred dollars valuation of property and ninety cents on each poll, to supplement the county school fund of said county. Sec. 2. That said election shall be conducted for the county as nearly as may be under the same rules and regulations governing district special school tax elections, as set out in section four thousand one hundred and fifteen of The Revisal of one thousand nine hundred and five of North Carolina. 112 Sec. 3. That in case a majority of the qualified voters at said election shall vote in favor of said tax, the same shall be annually levied and collected in the same manner and at the same time as other taxes of the county are levied and collected. Sec. 4. That in case a majority of the qualified voters at said election in any township of said county shall vote for said special tax, the same shall be annually levied and collected in said town- ship in the same manner and at the same time as other taxes are levied and collected, and used to supplement the school fund of said township. Sec. 5. That in case a majority of the qualified voters at said election in any township or in the entire county shall vote in favor of said special tax, on petition of a majority of the members of the board of trustees or the school committee of any existing special tax district within said township or county so voting, the county commissioners shall reduce the annual special local tax levy of said district by an amount not exceeding the special levy provided for the county or township under this act. Sec. 6. That in ease a majority of the qualified voters at said election in any county shall fail to vote for said special tax, on petition of a majority of the members of the county board of education of said county, the county commissioners may, after thirty days notice, order an election in any subsequent year after the first election for the same purpose and under the same regula- tions as the first election herein provided for in any or all of the townships of said county that shall have failed to carry said special tax in the former election. Sec. 7. That the expense of holding said election shall be paid out of the county school fund of said county. Sec. 8. That this act shall be in full force and effect from and after its ratification. Ratified this the 3d day of March, A. D. 1911. 1911, c. 71. PART II CONSTRUCTIONS PUBLIC SCHOOL LAWS NORTH CAROLINA BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION "The County Board of Education and all other school officers in the several counties shall obey the instructions of the State Superintendent and accept his constructions of the school law." (Sec. 4090, chapter 89, Revisal of 1905.) 114 A. STATE SUPEEINTEHDEJfT'S CONSTRUCTIO!^ OF THE COM- PULSORY ATTEIS^DANCE ACT OF THE GEJfERAL ASSEMBLY OF 1913. A conservative, State-wide compulsory attendance law was passed by the General Assembly of 1913, requiring attendance for four months continuously each "year of all children between the ages of eight and twelve years, allowing reasonable exemptions and providing reasonable penalties and adequate but inexpensive machinery for its enforcement. The following amendment to this bill v/as adopted and made section 11 of the act: "The board of education of each county shall have power at their regular meeting held in July of each year and thereafter at any regular meeting to make such rules and regulations as they may deem best to secure the attendance of all children between the ages of eight and twelve years upon schools of the county, and such rules and regulations, when approved by the county superintendent of public instruction, and posted at the court- house door and at the door of each public schoolhouse in the county, shall supersede any provision of this act in conflict therewith." On account of a natural misconstruction by the press of the State in its reports of the meaning and effect of this amendment there is a widespread but erroneous opinion that any county board of education can, at its pleasure, set aside and practically nullify this act. In my opinion the amendment does not by any means nullify the act. It is still obligatory upon every county to pro- vide for compulsory attendance; in fact, the amendment itself states its purpose to be "to secure the attendance of all children between the ages of eight and twelve years upon the schools of the county." No county board of education, therefore, is author- ized to adopt any rules and regulations different from the pro- visions of the act that will not secure such attendance. This amendment, which is made section eleven of the act, must be con- strued with the other sections of the act, so that all may stand together if possible, and so as to accomplish its clearly stated purpose of securing the attendance of all children between the ages of eight and twelve years upon the schools of the county. In my opinion, therefore, it is clearly an enabling instead of a disabling section of the act applicable only to the machinery for the enforcement of the law for securing compulsory attendance, allowing discretion in the modification of this machinery so as to meet the different conditions in different counties, but conferring no power upon the county board to revoke or annul the general and fundamental provisions of the law as set forth in the first four sections thereof, or to defeat the purpose of the law as clearly set forth therein and reaffirmed and emphasized in the 115 amendment itself "to secure the attendance of all children be- tween the ages of eight and twelve years upon the schools of the county." If the purpose and effect of this amendment should be construed to be to authorize county boards of education by passing rules and regulations to annul a law passed by the General Assembly, and in effect to enact another law in lieu thereof, then the amend- ment would de facto confer legislative power upon the county board of education and would therefore be clearly unconstitu- tional. It would seem to be clear that the amendment was in- tended not to destroy the law, but to give flexibility to its ad- ministration. This is my construction of this law. In this con- struction the Attorney-General concurs. Under section 4090 of The Revisal of 1905, all school officers in the various counties are required to accept the State Superintendent's construction of the School Law; therefore, this construction of the compulsory at- tendance law will hold until overruled by the courts of North Carolina. The purpose of the whole act to secure attendance of all chil- dren between the ages of eight and twelve years upon the public schools is so clear, and the provisions of the compulsory attend- ance law are so moderate, reasonable and conservative, that I earnestly hope and believe that most of the county boards of edu- cation will find it unnecessary and undesirable to make any material changes in them, and will cooperate heartily in the en- forcement of the law practically unchanged. I. DUTIES AHD POWERS OF THE COUNTY BOARD OF EDUCATION. 1. Failure to Qualify as Member of Board of Education; Va- cancy Filled, How. — The failure of a member of the county board of education appointed by the Legislature to qualify creates a vacancy that must be filled by the State Board of Education. Also, whenever a vacancy occurs in a county board of education, on account of resignation, death or otherwise, such vacancy shall be filled by the remaining members of the board. If this is not done within thirty days after the occurrence of such vacancy, it shall be filled by the State Board of Education. 2. Selecting a County Superintendent. — The board has no more important duty than this, of electing a county superintendent. I beg to urge the observance of the following in the selection of a county superintendent: (1) Without fear, without prejudice, political or sectarian, having before your eyes only the welfare of the children and the success of the public schools, select the most competent man to be had for the money, choosing him from your county, if such a man is to be found there, and if not to be found in the county, seeking him wherever he can be found, as the lav/ 116 permits. (2) If your present county superintendent possesses the necessary qualifications for a successful administration of his delicate, difficult and important duties, as I trust he may, reelect him and give him a chance to show what is in him and to make a greater success of his work, by paying him, if possible, a suffi- cient salary, under section Jilli-'h to justify him in giving all his time and thought to the v/ork of supervision, and to justify you in requiring him to do this. (3) Take advantage of the law and pay your superintendent as large a salary as your school fund will justify, but be sure that you get more man and more time for more money. The county superintendent's office is the most important office in the county. He need not he a resident of the county when elected. If possible, he should he paid large enough salary to enable him, to devote all his time to his tvork. 3. School Term Should be Continuous. — The purpose of section 4123 is to prevent the division of the school term into two, as was so often done formerly, to the detriment of the school. It simply means that the school term must not he divided and taught during different seasons of the year, unless some epidemic or other provi- dential cause interferes with the regular term. The county hoard must exercise this control if it ivould carry out the provisions of section JfllG. 4. County Board and Superintendent May Make Kegulations to Secure Regular and Prompt Attendance of Pupils and Teachers. — Under the provisions of section Jfl22 the county hoard and the county superintendent may make and enforce such attendance regulations as may he necessary to secure regular and prompt at- tendance on the part of the children. The same authority may also regulate the attendance of teachers on all meetings which may he thought to promote educational progress. 5. Mandamus Proceeding Against Commissioners Refusing to Levy Tax. — When the county board of education has estimated the amount of money additional it will take to run the schools of the county four months and has requested the county commis- sioners to levy an additional tax sufficient to supply the deficit, the commissioners having no discretion in the matter, are com- pelled to make the additional levy. If they refuse to do so, the board of education should bring a mandamus proceeding to com- pel the county commissioners to levy the tax. (Aug. 16, 1909.) 6. Expense of County Board in Maintaining Its Authority Au- thorized. — Any reasonable expense, including attorneys' fees, in- curred by the county board of education in maintaining its au- thority, and in executing the school law is authorized by section 4125. The county board, however, sits as a court, and I do not think it would be justified in employing counsel to maintain a position taken by one faction in a district against another faction of the people. The position of the board is and ought always to be a judicial one, but after the board has taken a position upon any question, or has made a ruling, then it would be both lawful 117 and proper for it to employ necessary counsel to sustain it (April 2, 1909.) 7. Lease of School Property by County Board. — The county board of education has no authority to lease a part of the school building to secret order, or for other purposes, for a period of time extending beyond its term of office. (January 15, 1910.) 8. Scliool Sites: Power of County Board to Fix, Not Limited. — The power of the county board of education to fix a school site in any school district, local tax or non-local tax, is not limited. (January 17, 1911.) 9. County Board May Offer Reward for Arrest. — The county board of education has the authority, under the general provisions outlined in section Jil21 of TJie Revisal, to offer a reasonable reward for the apprehension and conviction of the parties who burned the public schoolhouse. (April 12, 1911.) 10. Member of County Board May be Allowed Compensation for Services as Acting Superintendent.— In case of a vacancy in the office of county superintendent, pending a bona fide effort to fill the vacancy, a member of the county board acting as county superintendent may receive a compensation for this service. (June 27, 1911.) 11. Ketirlng" Member of Board of Education Has no Yoice in Selecting- Superintendent. — A retiring member of the county board of education whose term of office expires on the day the county board is to select a county superintendent for the next two years, has no voice in the selection of said superintendent. The super- intendent should not be chosen until the incoming new member of the board has qualified and has taken his place as a member of board. (July, 1911.) 12. Office Expenses for County Superintendent: County Board Must Provide for. See II, 1. 13. Teacher Can Not Expect Reimbursement from School Fund for Stolen Property. See IV, 12. 14. High School Principal Can IVot Serve as Member of County Board. See IV, 13. 15. Public Schools for Indians, County Board Must Provide. See V, 8. 16. Fixing Boundaries of Districts Left to Discretion of County Board. See VI, 1. 17. Change in County Lines Does Not Interfere With Unused Previous Apportionment. See VI, 3. 18. Boundaries of Local Tax Districts, How Changed. See VI, 4. 19. Boundaries of Local Tax Districts Can Not be Changed so as to Reduce District After Election is Called. See VI, 5. 20. Special Tax District Including Parts of Two Counties Not Authorized. See VI, 6. 21. Special Tax District: Commissioners Can Not Levy More 118 Than Maximum Rate; Can ]Vot Reduce Amount to he Voted on After Notice of Election. See VI, 8. 22. Taxation in Local Tax Districts, Commissioners Can Not Change Rate of. See VI, 9. (But see also X, 5.) 23. Compensation for Disbursement of City School Fund. See VI, 16. 24. Loans, to Whom; Installments, How Paid. See VIII, 1. 25. Additional Apportionment by County Board to Meet Interest and Installment on Loans. See VIII, 2. 26. County Appropriations for Libraries. See VIII, 3. 27. County Board Has no Authority to Designate Bank at Which Treasurer Shall Deposit School Fund. See IX, 1. 28. Fines, Forfeitures, etc.. Can Not be Remitted. See IX, 4. 29. Ordering Local Tax Election: County Board of Education Has Discretion; County Commissioners Have Not. See X, 4. 30. How Special Tax May be Repealed. See X, 6. 31. Title to School Property in District Created by Legislature Remains in County Board. See XI, 1. 32. Control of School Property Vested in Committee and County Board. See XI, 2. 33. Proceeds from Sale of School Property. See XI, 3. 34. Condemnation Proceedings, When and How Instituted. See XI, 4. 35. Land Acquired by County Board Does Not Rerert to Heirs. See XI, 5. 36. Property Deeded for School Purposes; When it Rererts to Heirs. See XI, 6. 37. Insurance on School Property, How Paid. See XI, 7. 38. Plans for Buildings Must be Approved and Buildings In- spected. See XI, 8. 39. Doors of Schoolhouses Must Open Outward. See XI, 9. 40. One-half the Cost of New Schoolhouses May be Paid by County Board. See XI, 10. 41. Public School Building Not Subject to Statutory Lien. See XI, 11. II. THE COUNTY SUPERINTENDENT. 1. Office Expenses for County Superintendent: County Board Must Provide for — Section 4139 of the Public School Law re- quires the county board of education to provide the county super- intendent with an office at the county seat. I do not think there can be any doubt as to the meaning of these words. Evidently an office without heat would be an unheard-of thing; therefore I am sure that fuel should be included, also necessary furniture and office supplies. 2. Weekly and Monthly Reports. — The law fully authorizes the county superintendent to require such reports from teachers in charge of public schools as to him seem advisable. Voucher for 119 teacher's salary should not be approved at the end of the month till the monthly report has been received. The same rule should be adopted with reference to final reports. 3. May a County Superintendent Teach 2— For good and suffi- cient reasons, a county superintendent will be permitted to teach during the year, provided satisfactory arrangements be made for visiting the schools while in session and otherwise obeying the law. Whatsoever arrangements are made should be submitted to the State Superintendent and the State Board of Education for approval. But it is best, wherever possible, for the superin- tendent to give his undivided time to the supervision of the schools in his county. 4. Selecting a County Superintendent. See I, 2. 5. Member of County Board May be Allowed Compensation for Services as Acting Superintendent. See I, 10. 6. Betiring Member of County Board Has no Yoice in Selecting Superintendent. See I, 11. 7. College Diploma no Exemption from Examination. See IV, 1. 8. What Constitutes a School Day? See IV, 10. 9. Eeports from City Schools. See VI, 17. 10. Plans for Schoolhouses Must be Approved and Buildings Inspected. See XI, 8. III. DUTIES AND POWERS OF SCHOOL COMmTTEEMEN AND TRUSTEES. (See also School Leaflet No. 1.) 1. Removal of Committeemen from Office. — Under section -^126 of the Public School Law, the county superintendent, when charges are made . against committeemen, should report such charges to the county board of education, which board should then formulate the charges and give at least ten days notice to the committeemen, in writing, of the charges preferred against them. This notice should be served by the proper officer, as di- rected by section Jil27 of the Public School Law, unless the com- mitteemen accept service in a different manner. The county board should appoint a day for the hearing of the charges and thoroughly investigate them, giving the accused committeemen an opportunity to be heard and to offer evidence. After such hearing, the board should decide whether the committeemen should be removed or not. A complete record of the entire pro- ceedings should be entered on the minutes of the board. 2. Trusteeship an Office of Trust. — Under the language of the Constitution and the decisions of our courts, I am constrained to believe that a trustee or committeeman of a school should be re- garded as holding an office of trust. (May 3, 1909.) Under sec- tion 1 of chapter 170 of the Laws of 1913, Women on School 120 Boards, these positions are declared to be places of profit or trust and not offices in this State. 3. Retiring Trustees Haye no Voice in Choosing Their Suc- eossars. — In the election of new members of a board of trustees of a graded school, the retiring members should have no voice in the election of their successors. (May 18, 1909.) 4. Voucher for More Money Than is to the Credit of the Dis- trict. — The law forbids the signing of a teacher's voucher for more money than the district has to its creait. Section Jil50. 5. Trustee or Committeeman Can Not Hci.u Other Public Office. "A public office is an agency for the State, and the person whose duty it is to perform the agency is a public officer." The first question asked is, Can a party who is school trustee and com- mitteeman, without pay or profit, hold, at the same time, the position of county commissioner? I do not think so. In the case of Barnhill v. Thompson, 122 N. C, 493, it is held that the board of county commissioners and the county board of education each constitute an office, and what is said there in regard to the county board of education, I think, applies with equal force to school trustees or school committeemen. The fact that no salary was received in one of the places makes no differ ence. Welker v. Bledsoe, 68 N. C, 457. Second: Can one person be, at the same time, clerk of the Superior Court and a member of a school committee? I do not think he can. A clerk of the court is clearly an officer within the meaning of the Constitution, Article XIV, section 7. See White V. Murray, 126 N. C, 156. Third: Can a man hold, at the same time, the position of school committeeman and be a trustee for the Institution for the Feeble-minded? I think these positions are incompatible. In the case of Welher v. Bledsoe, supra. Chief Justice Pearson says: "The duty of acting for and in behalf cf the State constitutes an office. According to this principle, the trustees of the University, the directors of the Penitentiary, of the lunetic asylum, and of the Institution for the Deaf, Dumb and Blind are public officers. This is put beyond doubt by the Constitution, Article XIV, sec- tion 7." (April 18, 1911.) 6. School Term Should be Continuous. See I, 3. 7. Compensation for Substitute Teacher. See IV, 3. 8. Military Drill in Public Schools. See IV, 6 9. Contract with Teacher Binding; When Not. See IV, 7. 10. Salary of Second Grade Teacher Can Not Exceed $35. See IV, 8. 11. Thanksgiving Day a Legal Holiday. Sec IV, 9. 12. Criminal Charges Against Teachers. See IV, 11. 13. Admission of Pupils Can Not be Refused Because of Over- crowded Conditions. See V, 4. 14. Pupils Over Twenty-one Years of Age May Attend School Upon Payment of Tuition. See V, 5. 121 15. Tax List in Special District, Expense of Making Borne by County Commissioners. See VI, 10. 16. Control of Special Tax Fund in Hands of Committee. See VI, 11. 17. A Part of Local Tax Fund for High Schools. See VI, 13. 18. Control of School Property Vested in Committee and County Board. See XI, 2. 19. Insurance on School Property, How Paid. See XI, 7. 20. Plans for Schoolhouses Must be Approyed and Buildings Inspected. See XI, 8. 21. Doors of Schoolhouses Must Open Outward. See XI, 9. 22. One-half Cost of IVew Schoolhouse 3Iay be Paid by County Board. See XI, 10. 23. Contracts with Priyate Schools Authorized; Contracts with Sectarian or Denominational Schools Forbidden. See XII, 1. 24. Compulsory Vaccination, Sanitary Committee May Order. See XII, 2. 25. Use of Schoolhouse for Eeligious Purposes. See XII, 4. IV. DUTIES, PRIVILEGES AND QUALIFICATIONS OF TEACHEES. (See also School Leaflet No. 2.) 1. College Diploma No Exemption from Examination. — Section ^63 of the Public School Law abolishes all exemptions from ex- amination heretofore conferred by certain college diplomas. Every applicant for certificate must be examined by the county superin- tendent and hold a certificate from him or from the State Super- intendent (State Board of Examiners) before contracting to teach in any public school. 2. Eoad Duty: Teacher Not Exempt.— Under section 2725 of The Revisal of 1905, no one of road age is now exempt from the provisions of the road law, except by special statute of the Gen- eral Assembly or by special action of the road supervisors. 3. Compensation for Substitute Teacher. — ^The question of al- lowing compensation for a substitute teacher during the illness of the regular teacher is one that appeals to the sense of justice. If the compensation is allowed, order for the same would have to be made in behalf of the regular teacher, who would then pay the substitute teacher himself. The committee would have no legal right to sign a voucher for the payment of the salary of any teacher who did not hold a teacher's certificate. Of course, the substitute teacher should be acceptable to the committee. 4. Teacher Has Right to Make and to Enforce Bules for Disci- pline in Schools. — A teacher in a county school has the right to make and enforce reasonable rules for the maintenance of such discipline as may seem proper to the teacher. Appeal from these rules may be made to the county board of education, who, for suflJcient cause, may rescind the rules. 122 5. Teachers' Kig^lits Over Pupils on Way to and from School. — The teacher has a right to make reasonable rules governing the conduct of pupils on the way to and frora school and to enforce same. (April 2, 1912.) 6. Military Brill in Public Schools. — Under section ^ilOG of the School Law the principal of a private military school contracted with by a committee to teach a public school in connection with such school has the right to make and enforce such reasonable rules as may be necessary to maintain good order and discipline. When a committee contracts with the principal of a private mili- tary school it must know that military drill is a rule of that school. If such drill is deemed necessary for the maintenance of good order and discipline in the school and for the benefit of the pupils, by cultivating habits of punctuality, neatness, etc., and is required during the hours of the school day, in my opinion, the principal has the right to require it of all the pupils, unless when the committee entered into the contract with the teacher of said private military school it specifically exempted in the contract that military drill would not be a part of the discipline. The action of the principal in dismissing pupils for violation of the regulaton as to military drill is reviewable by the county board of education, under section 4^25 of the School Law. Such action on the part of the principal may be reversed bj^ said board under the law. 7. Contract with Teacher Binding; When IVot. — Contract with teacher is binding in case schoolhouse burns and can be easily substituted for by renting or otherwise. But if suitable place to teach can not be secured, committee is not bound. (June 9, 1911.) 8. Salary of Second Grade Teacher Can 'Not Exceed $35. — Com- mittee in special tax district is not authorized to employ second grade teacher for more than $35. (July, 1912.) 9. ThanksgiTing- Day a Legal Holiday. — Thanksgiving Day is a legal holiday and should be counted as a day in the school month. It would be both unlawful and impious to charge up the Day of Thanks against the teachers of the State. (December 4, 1909.) 10. What Constitutes a School Day? — I presume that in con- struing the law fixing a school day at not less than six hours nor more than seven hours the committee would have to use the same common sense that they would use in other business. A literal construction of the law would, I presume, require at least six hours of school work. A reasonable construction would probably allow short recesses to be taken out of this time, as the teacher is compelled to remain and have supervision of the children during recesses. If the amount of time taken for recesses is excessive, of course, it should not be included in the six hours. You can easily understand how, if the teacher was allowed to count all recesses and to give as much time for recesses as he chose, the number of hours of work might be too greatly reduced. Whether the law ought to be construed to require six hours of actual school 123 work would depend, I think, to some extent, upon the season of the year and the distance that the children living farthest from the school had to walk. For example, in many places it would be difficult in the winter to begin earlier than 9 a. m., or to close later than 4 p. m. This would give six hours of work, with an intermission of an hour for dinner, but would not include any short recesses between times, which are usually desirable, and which, I think, ought to be included in the six hours. 11. Criminal Charges Against Teachers. — The committee should refuse to sign the voucher of a teacher who falsified in his report as to the number of days he taught, and should report the facts to the county board of education, giving their reasons for re- fusing to sign. Then, under section 4-^27, the county board of education could investigate the matter, after written notice of ten days as therein provided, and, if the charges are sustained, could debar the teacher from teaching and cancel his certificate. 12. Teacher Can Jfot Expect Reimbursement from School Fund for Stolen Property: Can Not Sue Board for Such Loss. — School authorities should not be held responsible for personal property of teacher while in the employ of school which is stolen from public schoolhouse. Trustees can make allowance to teacher for such stolen property if they think proper, but the school fund is not liable in damages for amount by suit. The county board of education is a corporation conducting part of the functions of the State government, and suit can not be brought against it in the absence of a statute so providing. (July 3, 1911.) 13. Higli School Principal Can Not Serve as Member of County Board. — Under section -^119, a principal of a public high school can not serve as a member of the county board of education. (July 3, 1912.) 14. County Board and Superintendent May Make Kegulations to Secure Prompt and Regular Attendance of Pupils and Teachers. See I, 4. 15. Weekly and Monthly Reports. See II, 2. 16. Toucher for More Money Than is to the Credit of the Dis- trict. See III, 4. 17. When High School Subjects May be Taught. See VII, 1. 18. Bible as Text-book in Public Schools. See VII, 2. V. RIGHTS AND OBLIGATIONS OF PATRONS AND PUPILS. 1. Rights of Bona Fide Citizens to Patronize School.— Any per- son, moving into a graded school district and becoming a bona fide citizen, has a constitutional right to send his children of school age to the public graded school of such district without paying tuition, from the time that he becomes a dona fide citizen of that district. 2. Bona Fide Residents Entitled to School Facilities.— When a 124 person moves to a town for the purpose of making his home there, he at once becomes a bona fide resident, and therefore has a right to send his children to the local public school. But, on the other hand, if he moves to town just for a few months in order to get the benefit of the graded school, then he should not be regarded as a resident, and therefore would not be entitled to send his children to the graded school without the payment of tuition. I am of the opinion that an order made by the school board that for one to be entitled to send his children to school he must have been a bona fide resident of the town or district for twelve months, is an ultra vires act on the part of the authorities. This would be in violation of the Constitution providing that all children have an opportunity to go to school four months each year. (January 8, 1910.) 8. Patrons of School District Defined. — The patrons of a public school district are those living in the district who have children or stand in loco parentis to children within the school age. (August 5, 1909.) 4. Admission of Pupils Can Jfot be Refused Because of Over- crowded Conditions, — Graded school trustees or committees have no legal right to refuse, for the reason that the grades are over- crowded, to admit pupils who are of school age and residents of the district. (January 22, 1910.) 5. Pupils Oyer Twenty-one Tears of Age May Attend School Upon Payment of Tuition, — Section 4151 of the Public School Law says that tuition in the public schools shall be free to all children between the ages of six and twenty-one, and also gives authority to the school committee to admit pay students over twenty-one years of age. The tuition charges for such pupils must be fixed by the committee and the proceeds turned over to the county treasurer, to be used as a part of the public school funds of the district. (April 16, 1906.) 6. Children of Orphanage Have no Legal Right to Attend Public School Free of Tuition. — Question: Whether or not the children of an orphanage located within the corporate limits of a town have a legal right to attend the public school of the district with- out tuition. They have not. (January 19, 1911.) 7. Children of Orphanage Should Not be Included in Census. — Children who are inmates of an orphanage situated within the borders of a graded school district should not be included in the census of pupils who may be expected to attend said graded schools. (July 2, 1912.) 8. Public Schools for Indians, County Board Must Provide. — It is the duty of the county board of education to provide public school facilities for the Indian children of the county in which such children may reside. The Indian children should be .treated as white and negro children in the apportionment of the school funds of the county, and separate schools, under the law, must be provided for them. 125 {). County Board May Make Eegulatiops to Secure Ke^lar and Prompt Attendance of Pupils and Teachers. See I, 4. 10. Teacher Has Right to Make and to Enforce Rules for Disci- pline in School. See IV, 4. 11. Teachers' Rights Orer Pupils on Way to and From School. Gee IV, 5. 12. Change in County Lines Does IVot Interfere with Unused i'reyious Apportionments. See VI, 3. 13. Text-books, When Exchangeable. See VII, 3. i-1, Conspulsory Vaccination, Sanitary Committee May Order. See XII, 2. VI. SCHOOL DISTRICTS AND DISTRICT FUNDS. (a) Regular. (b) Special Tax Districts. (c) Cit2/ and Graded School Districts Under Special Charter. (a) 1. Fixing BouniJaries of Districts Left to Discretion of County EoHrd. — County board of education has authority, under section 'i12!>, to divide the townships and the county into convenient school districts. The formation and consolidation of districts are placed in the discretion of this hoard. The Attorney-General advises me that in the case of Howell v. Hoioell, in Haywood County, the Supreme Court of North Carolina holds that the lay- ing off of school districts and the fixing of their boundaries is in the discretion of the county board of education and no appeal therefrom lies to the courts. It is, of course, however, a discre- tion that should not be exercised arbitrarily, and I feel sure that the county board of education will, as directed in section Jfl29, always consult the convenience and necessities of the people in fixing the boundaries and the districts, and will give a full hear- ing to both sides before determining the matter. (June 6, 1910.) 2. Three-mile Limit: When it Does Not Apply. — The three-mile limit does not apply to new and old houses in consolidated dis- trict, when old houses are to be abandoned. (June 6, 1911.) 3. Chau5:e in County Lines Does Not Interfere with Unused Previous Apportionments. — Last year the Board of Education of Cumberland County apportioned to Montrose School District, No. 2, funds sufficient to carry on a four months school. It seems that there was no building in this District No. 2, and that certain patrons of the school agreed to furnish a house in which the school could be carried on. There was some delay, but the build- ing has been completed at an expense of some four or five hun- dred dollars. The question has now arisen as to whether or not the money set apart to this school should be used for conducting it, inasmuch as the district will be in the territory cut off from Cumberland to make a part of Hoke County. 126 Upon the facts stated I am clearly of the opinion that the chil- dren in this district, No. 2, are entitled to the money set apart by the Board of Education for their use and benefit. The chil- dren of that district are entitled to their own, independent of the shifting of county lines. (March 10, 1911.) (b) 4. Boundaries of Local Tax Districts, How Clianged. — County board of education has no authority to take territory from a local tax district formed by special charter and transfer to an- other local tax district. It can change boundary lines between local tax districts formed under section IillB, but not between one formed under that section and another formed by special act. (September 12, 1911.) 5. Boundaries of Local Tax Districts Can Not be Clianged so as to Reduce District After Election in Called. — After an election for a local tax has been duly called, the county board of educa- tion has no authority to reduce 'the size of the district by making changes in the notices already posted, cutting out certain terri- tory. If the election is regularly called and regularly held, the tax should be levied on the original district. (December 18, 1911.) 6. Special Tax District Including Parts of Two Counties IVot Autliorized.- — There is no provision for creating a local tax dis-> trict which includes a part of two counties except by special act of General Assembly. (April 13, 1909.) 7. Contiguous Territory Defined. — "Contiguous territory" in sec- tion Ifllo refers to territory adjoining, but not lying within, a special tax district. (September 12, 1911.) 8. Special Tax District: Commissioners Can JVot Levy More Than Maximum Rate; Can Not Reduce Amount to be Voted on After Notice of Election.— The commissioners of a county can never levy more than the maximum amount of taxes voted for by the people in a special tax district. But if the maximum amount should be found to be more than the district required, then, upon recommendation of the county board of education, it would be lawful for the commissioners to levy less than the maximum amount voted for. As to the question of reducing the amount of taxes to be voted on after the call and notice of election, I beg to advise that such a reduction would be equivalent to ordering a new election, and the same notice would have to be given after the reduction as if no notice had been issued at all. (April 23, 1910.) 9. Taxation in Local Tax Districts, Commissioners Can Not Change Rate of. — The board of county commissioners can not legally change the rate of taxation in a special tax district after the tax has been duly voted according to law, in cases where the order for the election specifies the rate and due publication of the notice has been given. (February 1, 1909.) 127 10. Tax List in Special District, Expense of Makiug Borue by County Commissioners. — Undei- section JillS it is the duty of the county commissioners to pay all expenses incident to levying and collecting the tax in a special district. (November 23, 1909.) 11. Control of Special Tax Funds in Hands of Committee. — After the establishment of a special tax district and the appoint- ment of the committee for that district, the employment of the teacher and the control of the special tax fund is vested in the committee of the district. 12. TownsMp Hlgii School Tax. — Under section 'it IS of the Pub- lic School Law a township high school tax can be voted, irre- spective of the boundaries of any special tax districts that may be included within the tov/nship boundaries. 13. A Part of Local Tax Fimd for High Schools. — A part of the local tax fund raised under section Ji^llS may be specifically set apart for high school instruction, after sufficient reservation has been made for the elementary grades, although the tax may not have been voted particularly for high school purposes. (c) 14. Special Tax Districts: One Town Can Hot Invade Corporate Limits of Another Town in Establishing'. — Section JjllB does not authorize one town to invade .the corporate limits of another town for the purpose of establishing a special school tax district. Section Jjll.'f provides for the support of schools in towns and cities by special taxes, and section JjllS covers the county outside of the incorporated towns. I think that under section JfllS a district can be established containing all the territory within the corporate limits of a town and also include some outlying territory, but I do not think that the corporate limits of another town can be invaded. (March 20, 1911.) 15. Act of Legislature Keducing Size of District is Constitu- tional. — In 1907 the Legislature incorporated a school district in a certain county in North Carolina, including a great deal of territory in the district, and submitted to the people within said district, upon election held under said act, the question as to whether or not they would issue twenty thousand dollars in bonds for the purpose of erecting a school building and carrying on a school in said district. Certain parties who are on the outer limits of said district are now requesting that an act be passed by the General Assembly taking them out of the district and relieving them of the special tax. The question you wish passed upon is, Would an act of the kind be constitutional? It seems to be well settled that an act passed by the Legislature cutting away part of a school district, whether said district is in debt or not, would be constitutional. (February 14, 1911.) IS. Compensation for Disbursement of City School Fund. — Sec- tion 212S of The Revisal of 1905 authorizes the county board of education to fix the compensation of the treasurer at such sum 128 as it maj^ see fit, provided the amount does not exceed two per cent on disbursements. If the special tax is paid to him, and then paid by him to the local treasurer, he might have a technical right to claim his commissions upon the amount as a disburse- ment, though I have always advised that a disbursement of this sort in a lump sum was not such a disbursement as was contem- plated by the section named, as it was largely a matter of form, without trouble to the treasurer, and that therefore the county board of education should regulate the commission upon it, and either allow the treasurer no commission upon that sum or else allow him a very much smaller commission than was allowed upon other disbursements, the local treasurer receiving the larger part of the commission for disbursement, as he was compelled to have all the trouble in disbursing it in small amounts and keeping the books and accounts. In a word, the matter should be regulated by agreement between the local board of trustees and the county board of education. There certainly should not be double commissions allowed on the same school fund — one to the county treasurer and the other to the local treasurer. The commissions on both certainly should not exceed the maximum fixed by the statute, and, if necessary, it should be divided be- tween them in proportion to the trouble and responsibility of each. In case an equitable agreement can not be reached, then I M^ould advise an amendment to your school bill, directing the special tax to be paid directly to your local treasurer, who is under bond, without passing through the hands of the county treasurer. The matter is regulated in this way in a number of special school acts of towns and cities. 17. Eeports from City Schools. — Section -^165 of the Public School Law requires full reports of city schools to the State Superintendent, also to the county superintendent, in such form and at such time as may be directed by these officers. No school operating under special charter that is supported wholly or in part by public funds has a right to refuse to make these reports and expect to continue to receive its proper share of public school money. 18. (a) ;.nd (b) Scliool Site, Power of County Board to Fix IVot Limited. See I, 8. 19. (c) Eetiring Trustees Have IVo Voice in Choosing Their Suc- cessors. See III, 3. 20. (c) Bona Fide Residents Entitled to School Facilities, See V, 2. 21. (a), (b) and (c) Patron? of School District Defined. See V, 3. 22. (a), (b) and (c) Admission of Pupils Can IVot fce Refused Because of Overcrowded Conditions. See V, 4. 23. (c) Children of Orphanage Have no Legal Right to Attend Public School Free of Tuition. See V, 6. 129 24. (c) Children of Orphanage Should Not be Included in Census. See V, 7. vn. BEANCHES TO BE TAUGHT AND TEXT-BOOKS. 1. When High School Subjects May he Taught.— High school branches can not be taught in schools having only one teacher, and may be taught in schools having more than one teacher only after adequate provisions have first been made for the thorough teaching of the elementary branches mentioned in section JfOSl. 2. Bible as Text-book in Public Schools. — Not prescribed in section JtOSl of the Public School Law. Not advisable to attempt to use it as a text-book on account of denominationalism. Proper to use it for devotional exercises. (September 7, 1906.) 3. Text-books, When Exchangeable. — An exchangeable book is incapable of exact definition, but there ought to be no diflBculty in determining whether or not the book is in such condition as to be usable. The fact that a book has its back torn off, or a leaf missing here and there, would not prevent the book from being exchangeable. The book must be in such condition that, if there had been no change, it could have been used by the child in the public schools. (December 4, 1911.) yiii. LOANS AND LIBRAEIES. 1. Loans, to Whom; Installments, How Paid. — Loans for build- ing schoolhouses are made by the State directly to the county board of education for specified districts. The annual install- ments are paid in one sum to the State Treasurer. The county board is authorized by law to deduct the annual installments from the apportionments made to districts that have received loans. The board could, of course, if it saw fit, allow for these installments by making additional apportionments to the districts or by making apportionments out of the building fund to those districts each year. 2. Additional Apportionment by County Board to Meet Interest and Installment on Loan. — The county board of Education may make an additional apportionment out of its building fund to assist a district in paying the interest and installment of its loan made in accordance with section Jf056. 3. County Appropriations for Libraries. — The State appropria- tion for rural libraries is limited to five thousand dollars for two years. The number of new libraries to the county for which this fund is available before November 30th of any biennial period is six. There is no authority in the law for the county board to appropriate any money for rural libraries, except the specific authority conferred by the rural library act, and this is conditioned always upon the raising of ten dollars by the com- 5 130 munity and the appropriation of ten dollars by the State. The same law, therefore, that limits the number of libraries for which appropriation may be made by the State also limits the number for which appropriation may be made by the county dur- ing the two-year period. I am of the opinion, therefore, that the county board has no legal authority to make an appropriation for more than six original rural libraries during the two-year period ending November 30th. IX. SCHOOL FUNDS. (a) General {Including Fines, Forfeitures, and Penalties). (b) Special Tax. (c) City Schools Under Special Charter. (a) 1. County Board Has no Power to Designate Bank at Which Treasurer Shall Deposit School Funds. — The Treasurer and the sureties on his bond are responsible for the safe-keeping of the school fund. Being liable on his bond for the safety of the fund, it is proper that the treasurer should have the power to deter- mine where, and in what manner, the fund shall be kept. The county board of education has no power, therefore, to designate the bank in which the school fund shall be kept. (July 3, 1912.) 2. Special Poll Tax for Other Than School Purposes — The county school fund is not entitled to any part of a poll tax levied by the Legislature for special county purposes other than for schools. 3. Fines, Forfeitures and Penalties Must he Recorded and Re- ported. — All fines, forfeitures and penalties must be recorded and reported as required by section 5, Article IX, of the State Con- stitution. Policemen or other officers can not legally accept fines and make compromises without judgment. 4. Fines, Forfeitures, Etc., Can Not be Remitted. — The county board of education can not remit by compromise any portion of fines, forfeitures and penalties due the county school fund and diverted by towns and cities. 5. Fines, Etc., Imposed in Mayors' Courts Must go to County School Fund. — All fines, etc., imposed in mayors' courts of towns and cities must be properly reported and paid over to the county school fund, and failure to do so is a misdemeanor. Evasions are illegal. 6. Fines Imposed by Recorder's Court Must go to County School Fund. — Fines imposed by a recorder's court must go to the general county school fund and not to the graded school fund of the town in which the recorder's court sits. (May 14, 1909.) 7. Fines Can Not be Remitted by Another Judge. — Fines im- posed by a judge can not be remitted by another judge. (August 29, 1910.) 131 8. Stills, Sale of Materials Taken From, Regarded as Forfei- ture. — The sale of materials from stills taken in the enforcement of the prohibition law is considered forfeiture, and the proceeds therefrom should be turned over to the county school fund. (July 6, 1912.) 9. City Schools are Entitled to Equitable Part of Building Fund. The city schools are entitled to their equitable part of the build- ing fund. They pay their part of it and in the apportionment of the building fund, just as in the apportionment of the other part of the school fund, they are entitled to be treated exactly like any other public school district of the county. The fact that these districts are operated under a special charter does not pre- vent them from being public school districts entitled to all the rights and privileges of other school districts in the distribution of the common public school fund, including the building fund. The fact that they issue bonds and levy taxes for better build- ings and equipment ought to entitled them to more consideration instead of less, by the county board of education, in the distribu- tion of the county building fund, and certainly ought not to cause them to be discriminated against by excluding them from sharing in that fund, which they helped to pay, because they are willing to assume an additional burden of taxation to get better houses and equipment than the county and the regular school district can afford to provide. They should be encouraged rather than discouraged in such commendable efforts. The determina- tion of their equitable share of building fund, according to their needs for building and equipment, is of course in the discretion of the county board of education. I simply suggest the following as an aid in arriving at an equitable determination of this: If the town or city has not provided houses and equipment out of its own funds by special taxation or bond issue the county board of education would be compelled to provide houses and equip- ment sufficient for the accommodation of the children of the dis- trict as a public school district. Estimate what it would have cost the board to make such provision on the basis of buildings and equipment of about an equal grade of those provided for other public school districts of the county board and then esti- mate the proportion of the cost thereof that the board would equitably allow from the county building fund upon the same basis as it apportions the cost of buildings and equipment be- tween the county building fund and the district building fund in other regular public school districts of the county. Upon this equitable basis the board could make a lump allowance from the building fund to the town or city district or divide it into several years, allowing so much each year for two, three or four years. (b) 10. Special Tax Funds. See VI, (b), under Special Tax Dis- tricts. 133 (c) 11. City and Graded School Districts Under Special Charter. See VI, (c), under same heading. 12. (a) Teacher Can Not Expect Reimbursement from School Fund for Stolen Property. See IV, 12. X. SPECIAL TAX ELECTIONS. 1. Special Tax Elections Held Within Less Than Thirty Days of Anothier Election. — After consultation with, the Attorney- General, I am of the opinion that the provision in the general election law forbidding the holding of elections within thirty days of another election does not apply to special tax elections held under section Jtll5 of the Public School Law, which pro- vides that such elections may be held after thirty days notice, and that there is no recent decision of the Supreme Court touch- ing the matter, so far as we have any information. 2. Sundays Counted in Twenty Days for Keeping Eegistration Books Open. — In counting the twenty days preceding an election for local tax, during which the registration books must be kept open as provided by section JtS23 of The Revisal, Sundays must be included. (June 9, 1909.) 8. Qualified Yoters: JVumber Determined by Old Registration Books. — The board of county commissioners should use the old registration books as a basis for determining whether or not the requisite number of qualified voters have signed a petition for the repeal of a special tax. Either party to a controversy, however, would have a right to show that some who are now registered have left the district and that other qualified voters have come into the district and become qualified. 4. Ordering Local Tax Election: County Board of Education Has Discretion; County Commissioners Have Not. — The approval of a petition for a local tax district lies wholly in the discretion of the county board of education and may not be compelled, but upon a petition of one-fourth of the freeholders endorsed by the county board of education, the county commissioners have no dis- cretion, but must order and hold the election as provided in sec- tion 4323 of The Revisal. (July 1, 1909.) 5. Taxation in Local Tax District, Authority of Commissioners to Fix Rate of. — If special tax election was called under the gen- eral provisions of section 4ii5, without specifying in the peti- tion, order or notice the amount to be voted, levied, and col- lected, the county board of commissioners can levy and collect a less amount than the maximum fixed in this section, but only upon recommendation of the committee of the district approved by the county board of education. (June 1, 1911.) 6. How Special Tax May be Repealed. — An amendment to sec- tion 4i^5 by the General Assembly of 1909 provides a way by 133 which a special tax may be repealed without special legislative enactment. An election for this purpose may be called by the board of county commissioners, upon approval by the county board of education of a petition signed by two-thirds (1911) of the qualified voters residing in the special tax district. Such election can not be held within less than two years from the date of the election at which the tax was voted, nor within two years of any previous election for voting off the tax. 7. Persons Not Allowed to Yote Who Moved Into District Within Four Months Preceding Election. — Persons may not be allowed to vote at a special school election who have moved into the district from another part of the same township within four months preceding the date of election. Section 4316 of The Re- visal of 1905 provided that, to be entitled to vote, a person shall have resided four months in the precinct, ward or election dis- trict in which he offers to vote next preceding the election, (March, 1913.) 8. Boundaries of Local Tax District Can Not be Changed so as to Eednce District After Election is Called. See VI, 5. 9. Special Tax District: Commissioners Can Not Levy More Than Maximnm Bate; Can Not Rednce Amonnt to be Voted on After Notice of Election. See VI, 8. XI. SCHOOL PEOPEETT. (a) General — Title to and Control of (b) Houses and Lands. (a) 1. Title to School Property in District Created by Legislature Eemains in County Board. — The title to the public school prop- erty that may be in a district, when created by legislative enact- ment, which gives authority to a local school board to manage the school affairs of the district, independent of the county board of education, remains in the county board of education, and such property may be disposed of by the county board in such manner as it deems equitable and just. 2. Control of School Property Vested in Committee and County Board. — Under sections 4^4'^ and 4-^25 the school committee and the county board of education have full power to control the school property and to make rules and regulations for its control in such manner as they deem best for the interest of the public schools and the cause of education. The county board of educa- tion unquestionably has the entire control of the property in a district in which the committee has resigned. (April 17, 1908.) 3. Proceeds from Sale of School Property. — It is no violation of the spirit of the law to appropriate the proceeds from the sale of school property for the purpose of purchasing other property in the same or an enlarged district, although the full per cent of 134 the annual fund allowed for building may have been set aside for the district. 4. Condemnation Proceedings, When and How Instituted. — Under section JilSl of the Public School Law the county board of education has authority to select a site for a schoolhouse and secure the same, to the extent of three acres, by condemnation, if it can not be obtained otherwise. In accordance with this section, appraisers shall be appointed by the clerk of the Superior Court to appraise the value. Section JflSl. 5. Land Acquired by County Board Does Not Revert to Heirs. — Land acquired by the county board of education through con- demnation proceedings, when it ceases to be used for school pur- poses, does not revert to the heirs of the original owner, but as the board acquires a title in fee simple, the board can give a title in fee simple. (June 12, 1911.) 6. Property Deeded for School Purposes: When it Reverts to Heirs. — Property deeded for school purposes to school trustees or to the county board of education, except by fee simple deed, reverts to the heirs of original owners when it ceases to be used for the purposes set out in the deed. (March 17, 1909.) 7. Insurance on School Property, How Paid. — Every school district is permitted to spend twenty-five dollars a year out of its apportionment of the county school fund for necessary incidental expenses; a larger amount for such expenses must be approved by the county board. A reasonable amount of insurance could be carried on the school property of a district and the premium paid out of the twenty-five dollars allowance. The premium could not be paid out of the county reserve fund because that fund is limited to the payment of the expenses of the county board and the county superintendent's salary. As the title to school prop- erty is vested in the county board of education, it can insure it and order payment out of funds apportioned to district. (h) 8. Plans for Schoolhouses Must be Approved and Buildings Inspected. — It is true that plans and specifications for school- houses are provided at the office of the Superintendent of Public Instruction. Furthermore, the law forbids the erection of any public schoolhouse that is not built in accordance with plans approved by him. Of course, this does not mean that all school- houses must be built after the plans and specifications that have been prepared for distribution from this office, but other plans may be submitted for his approval, as is often done. Section J^12J^ also requires all new schoolhouses to be inspected, received and approved by the county superintendent before full payment is made therefor. 9. Doors of Schoolhouses Must Open Outward. — Under the pro- visions of chapter 6S1, Acts of 1909, the doors of schoolhouses having more than one room, whether in towns or in the rural districts, must be so hung as to open outward. (July 12, 1909'..) 135 10. One-half of the Cost of Tfew Schoolhouses May he Paid hy County Board. — Section Jil2Ji clearly means that the county board, out of the building fund which it may reserve by the provisions of section JfllG, shall not pay exceeding one-half the cost of build- ing any new schoolhouse, the other half of the expense to be borne by the district. But the board has complete control of the whole subject, and may forbid the erection of a schoolhouse in a district which ought not to exist. It must be remembered that no house can be built except it is built in accordance with plans approved by the State Superintendent, and the county board is charged with the duty of carrying into effect this provision to secure neat, comfortable and attractive houses. Pamphlets containing plans of such houses as will be approved by the State Superintendent, together with specifications, estimates of cost and bills for ma- terials, will be furnished by the State Superintendent on appli- cation. The purpose of limiting the amount of the school fund that can be annually expended for school buildings was to pre- vent the hurtful decrease of the school term. Using the proceeds of the sale of old school property for new and better property is simply exchanging school property, and need not be accounted for in the annual apportionment of the school fund of the county. 11. Public School Building Not Subject to Statutory Lien. — "A public school building, vested in trustees for public school pur- poses, is not subject to a statutory lien for materials furnished for its contractor in the absence of a statute indicating a legisla- tive purpose to the contrary." 150 N. C, 680. (December 13, 1911.) 12. (b). Lease of School Property by County Board. See I, 7. XIL MISCELLANEOUS. 1. Contracts with Private Schools Authorized; Contracts with Sectarian or Denominational Schools Forbidden. — Section Jtl51 of the Public School Law expressly gives authority to the school committee to contract with the teacher of a private school, regu- larly conducted for at least six months in the year, to use the public school fund in connection with the private school to give instruction to all pupils between the ages of six and twenty-one years in the branches of learning taught in the public schools, under the conditions prescribed in that section. I have ruled that the term private school does not include sectarian and denomina- tional schools. There is, therefore, not only no authority for making any contract with these schools for the use of public school funds, hut contracts with such schools are forbidden. 2. Compulsory Vaccination, Sanitary Committee May Order. — Section ^347, Volume II, The Revisal of 1905, provides that the sanitary committee of the county may make such regulations and provisions for the vaccination of all the inhabitants of the county 136 and impose such penalties as they deem necessary to protect the public health. Sections 3^53 and 3455, Volume I, The Revisal of 1905, make any person violating these rules and regulations guilty of a misdemeanor. Therefore, if the sanitary committee of a county legally orders compulsory vaccination for the people of a town, it is the duty of the school authorities and patrons of the schools to obey the order. It is especially the duty of all teachers and school officers to inculcate in children the spirit of obedience to law." See section 23, chapter 62, Laws 1911. 3. Only Colleges and Universities Can Confer Degrees; Power Given by Legislature. — Only a chartered college or university can issue a diploma or confer a degree. Colleges and universities have no power to confer degrees or grant diplomas unless the power is expressly given by legislative enactment. (February 23, 1909.) 4. Use of Sclioolliouse for Eeligious Purposes. — The school- house is the property of all the people, built by the taxes of all the people, and, while it is under the control of the county board of education and the school committee, the continuous use of it for the benefit of only a part of the people consisting of one re- ligious denomination is always subject to criticism from some of the people belonging to other denominations; and, for that reason, I think it usually unwise to permit a schoolhouse to be used continuously as a church by one sect or denomination. If one denomination is permitted to use it for this purpose, other denominations would have the same right to demand its use, if needed, and all sorts of complications might arise. I think the occasional use of the schoolhouse by any religious denomination for such a good purpose as the promotion of religion among the people is for the elevation of the community and is proper, or the use of it by a denomination while they are building a church, or getting ready to build a church, as an accommodation, it seems to me, ought not to be objected to, with the permission of the county board of education and the school committee. INDEX TO PUBLIC SCHOOL LAW Section Abstract tax lists to be furnished county board 4110 Accounts of State board _ 4034 Action on bond county treasurer 4153 Additional powers of county board 4125 Admission of students to farm-life school, page 110. Age for free tuition 4085 Agriculture, elements of, to be taught 4087 Aim of farm-life school, page 103. Alcoholic drinks, effects of 4087 Annual reports State Superintendent to include operations of loan fund 4092 Application of chapter 89 4029 Apportionment, basis of ._ 4117 Apportionment county school fund 4116 Apportionment income permanent fund 4094-95 Apportionment special-tax funds 4113-15 Apportionment unused funds _ 4116 Appropriation for libraries 4179 Appropriation for farm-life schools, page 110. Arithmetic to be taught 4087 Attendance compulsory, page 13 and 4085 Attendance on institutes 4167 Attendance officer, page 15. Attorney-General member of State board 4030 Auctioneers' license taxes -._ 4107 Auditor member State board. 4030 B Basis of apportionment school fund 4117 Biennial report State Superintendent. 4089 Board of trustees farm-life school, page 103. Bond of treasurer of school fund _. 4152 Bonds for farm-life school, pages 32 and 103. Bookcases for libraries 4174 Branches to be taught in public schools 4087 Building fund, provided for 4116 can bear only half cost of new house 4124 Buildings and equipment of farm-life school, page 104. Canvass of vote in special-tax elections 4115 Census taken by attendance officer, page 15. Certification of teachers 4162 Child labor, page 30. Cities and towns may levy special tax.. 4114 Civil government to be taught 4087 Civil liability of sheriff for failure to settle school taxes 4111 Closing school, nonattendance 4164 time of, fixed 4123 Collection of school taxes 4111 special taxes 411.3-15 Committee, apportionment special-tax funds 4113-15 care of property 4147 census deaf and dumb and blind children 4148 chairman of 4146 compensation of 4145 contract with private school 4151 dismissal of teacher 4161 district or township 4145 election of 4145 employment of teachers 4161 expenditures by 4149 illiterates reported by 4148 notification of apportionment 4116 oath of 4088 not to overdraw account 4150 records 4149 removal 4126 report value of school property 4148 secretary of 4146 138 Section Committee, sign order for salary of teacher 4164 special-tax districts 4115 term of ofBce 4145 township high school 4113 Composition to be taught 4087 Compulsory attendance 4085 Compulsory attendance, page 13. Condemnation of school site 4131 Constitution North Carolina and United States to be taught 4087 Construction of school law 1 4090 Contingent expenses State Board 4031 Contingent fund 4116 Contract for schoolhouses in writing 4124 Corporate name of farm-life school, page 110. Cost of building, one-half from building fund '4124 Criminal liability of sheriff for failure to settle taxes 4111 Corporate powers 4030 County board, additional powers of 4125 apportionment of county fund 4116 compensation of ■ 4134 contracts for schoolhouses 4124 dismissal of teacher 4127 districts, special-tax, formed 4115 donations to 4130 duties of 4121 election of 4119 election county superintendent 4135 equalize school term 4116 estimate for four-months term 4112 examination reports of superintendent and treasurer •_ 4134 farm-life schools, pages 103 and 32. fix time opening schools 4123 grade schools 4116 investigations 4127 list fines reported to 4108 loans to districts 4055 may close school, nonattendance 4164 may punish for contempt 4128 may require reports of treasxirer 4160 members may be removed 4126 members take oath of office, when 4120 meetings, number of 4133 must use approved plans of houses _- 4124 notification to committeemen of apportionment 4116 oath of - 4088 obey instructions State Superintendent 4090 power to create and abolish districts 4129 power to make regulations to secure attendance, page 17. qualifications for membership 4119 race discrimination prohibited 4116 removal county superintendent 4126 secretary of 4139 sale of school property 4130 shall fix salary of all teachers .- 4116 site for school may be condemned 4131 taxation for schools, page 111. term of office 4119 unused funds 4116 vacancy 4119-20 County commissioners appoint special-tax election officers 4115 must levy tax for four-months school' 4112 order special-tax district elections - 4115 County officers to file list of fines, etc 4108 County school fund, what — 4107 Course of study 4087, 4113 County Superintendent, advises committeemen 4142 attendance on State association 4141 conducts examinations 4162 distributes blank forms 4142 election of 4135 examinations, private 4162 fee for private examination 4162 holds teachers' meetings 4140 inspection new houses 4124 keeps an index of deeds 4132 must not teach school 4138 must reside in county ^^?i must visit schools 4141 office at county-seat 4139 139 Section County Superintendent, qualifications of 4135 removal from office 4126 report deaf and dumb and blind children 4144 report to State Superintendent 4143 salary of 4144 secretary county board . 4139 signs all orders on treasurer 4154 term of office 4135 County treasurer made treasurer of school fund 4152 compensation 4152 Constructions of School Law, see part II. D Date for repayment of loans 4054 Day, what constitutes . 4163 Deaf and dumb and blind children reported 1 4144 Deaf children must attend, page 98. Deeds to school property filed with clerk of court. 4132 Discrimination against any race forbidden 4085 Dismissal of teachers 4161 Distribution $250,000, per capita, page 8. Distribution blank forms by county superintendent 4142 Districts, account kept by treasurer 4157 bear one-half cost of building 4124 created or abolished by county board 4129 how formed 4129 loans to 4055 may jointly employ superintendent 4137 may vote special tax 4115 must have 65 census 4129 Donations may be accepted by county board 4130 Drawing must be taught 4087 Duties and powers of county board 4121 Duties State Superintendent 4089-92 E Effects of narcotics taught 4087 Election, county board 4119 county superintendent 4135-36 farm-life school board, page 103. special-district tax. 4115 special tax in cities and towns 4114 special county tax, page 111. township high-school tax 4113 Employment of teachers, method 4161 Enforcement of school law by State Superintendent 4090 English grammar to be taught 4087 Enlargement libraries 4177 Enlargement special-tax districts . 4115 Equalizing school fund. State, page 8. Estimate for four-months term 4112 Estrays, proceeds of sale of 4107 Examinations, private 4162 time of 4162 teachers 4162 Examiners, State board of 4162 Exchange, libraries 4176 Execution school law 4125 Exemption certain schools from chapter 89 4029 Expenditures by committee 4149 Extension and demonstration work, pages 35 and 110. F Failure county treasurer to make report misdemeanor 4160 Failure member of county board to qualify creates vacancy 4120 Farm-life school (Guilford), page 32. Farm-life school : Page aim 103 admission of students 110 appropriation of State funds 111 board of trustees 103 buildings, etc 104 bonds to be issued 105 140 Section Farm-life school: Page corporate name 110 certification of teachers 109 extension and demonstration 110 election in county 104 election in township 106-7 high school in connection with 108 location 104 treasurer of 111 Fee for private examination 4162 Fines belong to school fund 4107 Fines, list of, reported to county board 4108 Fiscal year 4118 Forfeitures belong to school fund--; 4107 Formation special-tax districts 4115 Forms to be printed by State Superintendent 4089 Four-months school required 4112 Freeholders, petition for local tax 4113-15 Funds, apportionment special tax . 4113-15 repayment of loans 4055 G General power county board to execute school law 4125 Geography to be taught 4087 Government, elements of civil, taught 4087 Governor member State board 4030 Grade of school considered in fixing salary of teacher 4116 Guilford Farm-life School, page 32. H Health law, page 101. High-school certificate 4162 High-school law, page 90. High schools for townships 4113 High-school subjects taught in what schools 4113 History to be taught 4087 Houses must be built according to approved plans 4124 How township high-school tax may be voted 4113 Hygiene to be taught 4087 I Illiterates reported by committee 4148 Income permanent fund, how apportioned 4094 Index deeds to school property - 4132 Indians of Robeson County have separate schools 4085, 4168, 4171 Inspection new schoolhouses 4124 Installment on loans 4054 Institutes 4167 Investigations, county board 4127 Investment fund, State board 4035 L Language lessons taught 4087 Liability sheriii for school taxes 4111 Libraries, appropriation for 4179 bookcases for 4174 cities and towns excluded 4178 enlargement of 4177 exchange of 4176 how established 4172 managers of 4172 number established limited 4178 rules for 4175 State contribution 4173 License, proceeds auctioneers' 4107 Lieutenant-Governor member of State board 4030 Limitation on building fund 4116 Liquor license tax, proceeds of 4107 List fines, penalties, etc., to be furnished 4108 List taxes, separate columns for school taxes 4109 Literary fund, property of 4033 Loans, building schoolhouses 4053-56 how repaid - 4054 how secured 4055 school districts 4056 Location of farm-life school, pages 32 and 103. 141 M „ . Section Maximum salary teacher fixed by county board 4116 Meetings county board, number of 4133 Meeting teachers 4140 Members county board, oath of ^ 4088 Members State board, who 4030 Minimum salary to holder State certificate 4162 high-school certificate 4162 Month, what constitutes 4163 N Negroes may not attend white schools 4085 Nonattendance, closing schools for 4164 No race discrimination 4185, 4116 Notes for school loans deposited with State Treasurer 4054 O Oath of officer school officers 4088 Office days county treasurer 4156 Officers school system to obey instructions State Superintendent 4090 Officers State board 4031 Office State Superintendent must be at capital 4089 Opening of schools, time fixed 4123 Omnibus biU, page 17. P Payment apportionment from permanent fund 4095 Payment sohoolhouse loans 4054 Penalties, list of, to be filed with county board 4108 Penalties, proceeds, belong to school fund 4107 Permanent school fund, what 4093 Petition for local-tax election 4113-15 Physiology taught 4087 Place of meeting State board 4031 Plans used for building schoolhouses 4124 Poll holders for special-tax election .__ 4115 Powers and duties county board 4121 Power of county board to punish for contempt 4128 Powers of State board 4033 President of State board... 4031 Private school, contract with 4151 Private examinations. 4162 Proceedings State board must be kept 4032 Property of literary fund 4033 Public-school, law to be printed 4089 studies 4087, 4113 system uniform 4085 Pupils, may be dismissed 4166 rules for attendance 4122 Q Qualifications membership county board 4119 office county superintendent 4135 teacher considered in fixing salary 4116 Quorum State board 4031 R Races must have equal school term 4116 separate schools for 4085 Rate special tax 4113-15 Reading to be taught 4087 Recommendations State Superintendent 4089 Register of deeds to furnish abstract of tax lists 4110 Registrar for special-tax elections 4113-15 Registration for special-tax elections 4113-15 Removal school officers 4126 Repayment loans _. 4054 Report county superintendent to State Superintendent 4143 State Superintendent to Governor 4089 teacher's monthly 4164 Reports county treasurer and superintendent examined 4134 of treasurer required ^ 3839, 4053 142 Section Rules, establishment township high schools 4113 libraries. _ 4175 Rules and regulations, school attendance 4122 Rural libraries 4172-79 S Salary county superintendent 4144 teacher, fixed by county board 4116 teacher, paid, how 4164 School age 4085 School committee, election of 4145 committee, oath of - 4088 committee, township high school 4113 day, length of 4163 district must have 65 census 4129 districts, how formed.. 4129 fund, apportionment 4116 fund, permanent 4093 house loans 4053 houses, building of 4124 law to be published 4089 month, length of 4163 officers to obey instructions 4090 property, charge of committee 4147 property may be sold ". 4130 separate for each race 4085 sites, how acquired 4131 taxes in separate column 4109 School term must be four months 4112 term, races equal 4116 township high 4113 year 4118 Schools exempt from provisions chapter 89 4029 Secretary county board 4139 State board 4031 of State member State board 4030 Security for loans 4055 Separate schools for races 4085 Sheriff's liability for school taxes ' 4111 Special permanent school fund 4093 Special tax, apportionment 4113-15 county 4112 districts . 4115 four-months school, page 9 and 4112 towns and cities 4114 township high school 4113 Spelling taught 4087 State appropriation for schools, page 8. State Association County Superintendents 4141 State board 4030-35 corporate powers 4030 examiners 4162 makes sohoolhouse loans 4053-56 proceedings kept 4032 powers of 4033 quorum 4031 State certificate 4162 State Superintendent 4089-92 biennial report -- 4089 enforcement school law by 4090 member State board 4030 office at capital 4089 print school law 4089 recommendations 4089 report to include loan-fund operations 4092 State equalizing fund, page 8. State Superintendent secretary State board 4031 Studies required 4087, 4113 Supplementary libraries. 4177 143 T Section Tax lists, abstracts furnished county board 4110 separate columns for school taxes 4109 Tax, special, for schools 4112-15 Teacher, age of 4163 assistant only, with third-grade certificate 4163 certificate, kinds 4162 character may be investigated 4127 dismissed by committee, how 4161 dismissed by county board, how 4127 employed how 4161 examination 4162 high-school certificate 4162 institute attended by.. 4167 keep register 4165 may dismiss pupils 4166 meetings 4140 monthly report 4164 must not be member county board 4119 no exemption from examination 4163 qualifications considered in fixing salary 4116 record census in school register 4148 report to county superintendent 4165 rules and regulations for ■ 4122 salary, how paid . 4164 salary for holder of second-grade certificate 4163 salary, maximum, fixed by county board 4116 State certificate 4162 suspended, how 4141 Temperance instruction, page 99. Term, committeeman 4145 continuous 4163 countj' board 4119 county superintendent 4135 each race equal 4116 four months in each district 4112 Text-book Commission 4057-84 Time opening and closing schools 4123 Township high-school committee 4113 Treasurer, all orders must be signed by county superintendent 4154 bond 4152 county treasurer made treasurer school fund 4152 district account kept 4157 duties on expiration of term 4159 exhibit books to county board 4160 failure to report 3839, 4160 farm-life school, page 110. general account 4154 literary fund 4034 office days 4156 report examined 4134 report to State Superintendent , ._ 4158 State board 4031 State board to render account 4034 U Uniform system public schools ,_ 4085 Unused funds reapportioned 4116 V Vacancy county board, how filled 4119 oflfice superintendent, how filled 4135 Visiting schools required 4141 W Warrants for loans issued by Auditor 4053 Weak districts aided by county funds 4116 Writing to be taught 4087 Women on school committees, page 36. Y Year, school year, what 4118 *<*■ LIBRARY OF CONGRESS 020 312 218 4