Class. K^ldS Book_^.X-J— / 7'" 7 OFFICIAL DONATION. THE School Law of Indiana WITH ANNOTATIONS State Constitution ISSUED BY FASSETT A. COTTON State Superintendent of Public Instruction INDIANAPOLIS: 1907 TABLE OF CONTENTS. PAGE I'ref ace '^ List of county superintendents 5-6 CHAPTER I. CONSTITTITIOTVAI. PROVISTOKS. SEC. PAGE 1. CommoB schools 7 2. Common school fund 8 3. Principal, a perpetual fund 10 4. Investment and distribution 10 5. Reinvestment 11 G. Counties — Liability 11 7. Trust funds niviolate 11 S. Superintendent of public instruction 12 CHAPTER II. SUPERINTENDENT OF PUBLIC INSTRUCTION. 9. Superintendent 13 10. Commencement of term — Oath 13 11. Duties— Office— Clerks 13 12. . Report to governor 14 13. Report to general assembly 14 14. Duties 15 15.- Traveling expenses HJ 16. Supervision of school funds 16 17. May require reports 16 18. Blanks and forms 17 19. Forms of bookkeeping 17 20. Shall publish school law 17 21. Journals, etc., to libraries 17 CHAPTER III. STATE BOARD OF EDUCATION. 22. State board of education 18 23. Duties and povpers 19 24. State certificate 20 25. Pay and mileage of board 26 (iii) iv SCHOOL LAW OF INDIANA. CHAPTER IV. NOKMAL SCHOOL. SEC. ' PAGE 26. The state board of education a state teachers' training board 26 27. Courses of study 27 28. Two-year course 28 29. Diplomas 28 30. "Accredited ' school 28 31. When '"accredited" denied 28 CHAPTER V. SCHOOL BOOKS. 32. State board of education a board of school book commissioners ... 30 33. Advertise for bids 31 34. Open bids 33 35. May procure manuscripts 34 36. State not liable 34 37. Governor's proclamation 34 38. Trustee's duty 35 39. Quarterly reports 36 40. Superintendent to enter suit ^ 36 41. Superintendent's special bond 37 42. Reports to contractor 37 43. Sale for more than contract price a misdemeanor 38 44. Embezzlement 38 45. Appropriation — Iiav\'S repealed 39 46. Advertise for bids 39 47. Trustees to make requisitions first Monday of June 40 48. Trustee to acknowledge receipt of books 41 49. Books for poor or indigent children 42 50. Reports to commissioners and county superintendent 42 51. Appropriation 43 52. Suit on trustee's bond 43 53. County superintendent's special bond 44 54. Superintendent's report to contractor. 44 55. Failure to report — Embezzlement 45 56. Books to be uniformly used 46 57. Duty of contractor 46 58. Name and price of books on cover 47 59. State superintendent's duty 47 60. Act supplemental , 48 61. Contractors to file consent 48 62. S.ale to merchants or dealers — Trustee's report 49 63. Oflicers to supply sufficient books 50 64. Duty of merchants and dealers 50 65. County sui)erintendeut to make report 51 CONTENTS. ^ t SEC. PAGE 66. Officers failing to report — Right of action 51 67. Failure to report at expiration of term — Embezzlement 52 68. Sale for more than contract price a misdemeanor 52 69. Contractors to file consent for revision of books 58 70. Author to revise — County and state superintendent to scale requi- sition 54 71. Intermediate grammar or language lessons 57 72. State board to meet — Notice 58 73. Frequency of revision 58 74. Standard of revision — Contractor's bond 59 75. Appropriation 59 76. New bond 59 77. State superintendeut's duty 60 78. Act supplemental 60 79. Reading primer 60 80. Price 61 81. Old laws applicable 61 82. Use in cities of 5,000 61 83. Sale of school books 61 84. Governor — Proclamation 62 85. Sale of school books 62 86. Proclamation by governor 63 87. Existing contracts 64 88. Repeal 64 CHAPTER VI. COUNTY SUPERINTENDENT. 89. County superintendent 65 90. Eligibility 69 91. Per diem for services 69 92. Repeal 69 93. Impeachment 71 94. Office — Supplies — Compensation 72 95. Shall examine teachers 72 96. May revoke license 78 97. Traffic in examination questions 82 98. Examinations — License 82 99. Record book — Report to state superintendent 82 100. State license , 83 101. Exemption from examination 86 102. Record of examination 86 103. Items for success grades 87 104. Superintendents furnish items 87 105. Issuance and record of success statement 87 106. Appeal from statement 90 107. Certificate from other state 90 Vi « SCHOOL LAW OF INDIANA. SEC. PAOE lOS. Examination for graduation 91 109. General duties 92 110. Wlien must enumerate 93 111. Cities exempt 94 112. Annual reports 94 113. Apportionment — Report 95 114. Compensation 96 115. Duty as to apportionment 97 116. Duty as to scliool fund 97 117. Interest in private nonnal school can not have 98 118. Penalty 98 119. Duty of prosecuting attorney 98 CHAPTER VII. COUNTY BOARD OF KDUCATION. 120. County board of education 99 CHAPTER YIII. ADMINISTRATION. 121. School township 102 122. Tovpns and cities 106 123. School trustees — Election — Terms — Duties 108 124. Cities excepted 110 125. Repeal 110 126. Town abandoning control of schools 115 127. Conveyance to trustee 115 128. Charge of town schools 116 129. Trustees' bonds — Vacancy 116 130. Trustees manage revenues — Reports 118 131. Record — Duty as to revenue 128 132. Annual statement 124 133. General duties 124 134. Duration of school in any year 130 135. Care and management of school property — Janitors 131 136. Superintendent in cities and towns 131 137. Joint grade schools 132 138. Common schools defined — High school courses 133 139. High school studies 133 140. School house for seveval townships 134 141. Cost of erecting 134 142. Advisory board, emergency for action 135 143. Joint school district — Petition 135 144. Expense of establishing — Controlling school 136 145. Expense of maintenance 136 CONTETiTTS. Vll SEC. PAGE 146. Abandonment of school district or corporation 137 147. Consent of \ oters to abandonment 137 148. Discontinuance and abandonment of small schools 138 149. Transportation of pupils to other schools 138 150. Repeal 139 151. Kindergartens 139 152. Tax for kindergartens 139 153. How collected 140 154. Night schools 140 155. Age of pupil 140 156. Manual training or industrial schools 141 157. Teachers — Rules and regulations 141 158. Tax to support 141 159. Surplus special school revenue 142 160. Things legalized 142 161. Teachers' report 143 162. Trustees' reports 144 163. Failure to rei)ort 145 164. Neglecting duties 145 165. Failing to serve 146 166. Trustees' accounts 146 167. Examination of trustee and his books 146 168. Correction of accounts — Removal 146 CHAPTER IX. TAXATION. 169. State tax 147 170. Uniform tax 147 171. Special school tax used to pay teachers 147 172. Assessment and collection 149 173. Supplementary tuition fund 150 174. Local tax, how applied 151 175. Special tax to pay debts 151 176. Tax to complete town school house and to support town schools. . 152 177. Transfer money from bonds to special school revenue 153 CHAPTER X. ENUMEEATION. 178. Trustee to take — His duties — Who enumerated 154 179. Transfer 158 180. Tuition 160 181. Appeal 161 182. Payment of tuition — Refusal to make 161 183. Rights not abridged 162 Vili SCHOOL LAW OF INDIANA. SEC. PAGE 184. Transfer to school corporation of 100,000 162 185. Payment of tuition 162 186. Transfer of scliool cliildren 163 187. Repeal 164 188. Enumeration, wtiere filed — Retaking 165 189. Township in two or more counties — Report • • • •. 1^5 190. Orphans' homes — Transfer of children to 166 191. Payment of tuition 167 192. Appeal 167 193. Adjustment of tuition indebtedness. . . • • • • • • • 167 194. Special written agreements 168 CHAPTER XI. APPORTION itENT OF EKVENUE. , ,195. To be semi-annually 169 196. Reports of county auditors 169 197. When and what county auditor reports 169 198. When congressional township divided 170 199. Auditor failing to report 170 200. State tax levy 171 201. Apportionment among counties 171 202. Distribution of 5.2 of fund ... 172 203. Town or township deficiency — Certificate 172 204. Superintendent and auditor— Duties. 173 205. Uses of funds 174 206. Liability for fund 174 207. Surplus 174 208. Repeal 174 209. Printed statement 174 210. Payment to counties 175 211. Payment of excess 175 212. Unapportioned balances 176 213. County auditor's apportionment 176 214. Interest on sinking fund 179 , 215. Surplus dog tax fund ; . . . . 179 CHAPTER XII. SCHOOLS IN CITIES AND TOWNS. 216. Bonds for school buildings 181 217. Use of proceeds .- 183 218. Special tax 184 219. Condition for building 185 220. Surplus special school revenue 186 221. Bonds and notes, cities and towns may issue 186 CONTENTS. IX SEC. PAGE 222. Tax to pay bonds and notes 188 223. Trustees give bond , 188 224. Additional bond issue — Schools 188 225. Cities — Second class — Bonds for school buildings 189 226. Bonds in series— Time 190 227. Tax for bond redemption . . . 190 228. Repeal 190 229. Cities or towns— Bonds .,,.,. 191; 230. Tax levy ." • 191 231. Repeal 192; 232. Towns — Funds for building^Bonds. . . 192_ 233. Refunding bonds -. . 193 234. Trustees' bonds 193 235. Sale of property . ..... 193 236. Special tax ,v 194 237. Surplus special revenue 194 238. Repeal , 194 239. Trustees — Bonds for building purposes 195 240. Sale — Bond for proper use of funds 195 241. Special tax 196 242. Surplus special school revenue 197 243. Repeal 197 244. Township business^Iudebtedness — Issue of bonds. 197 245. Duties of advisory board 198 CHAPTER XIII. SCHOOL SYSTEM IN LAEGE CITIES. ;See Section 255 and following.) 246. School system 199 247. School districts 200 248. Organization — Term — Vacancies 200 249. Duties and powers 201 250. Tax collectors and payments 203 251. Sessions — Records — No pay 204 252. General school law in force 204 253. Temporary loans 204 254. Bonds in cities 205 SCHOOL LAW OF INDIANA. CHAPTER XIV. SCHOOLS IN CITIES OE 100,000 TNHABITANTS. SEC. PAGE 255. Act of Mareli 3, 1871, in force 20G 256. Qualifications of commissioners 207 257. Nomination and election 208 258. Terms 210 259. Organization of board 211 260. Committees — Salaries — Rules 211 261. Legislative act — Directors' approval 212 262. OfBcers and teaciiers — Examinations 218 263. Directors— Duties 213 264. Superintendent- — Text-books— Librarian — Appointments .. ." 214 265. Discharge of employes 216 266. Director's duties — Bond 216 267. Auditor of school board 217 268. Warrants 217 269. Evidence of indebtedness 217 270. Illegal warrant — Liability 217 271. Appropriation necessary 217 272. Auditor's report— Bond— Pay 218 273. Accountants 218 274. Payments to treasurer 219 275. Contract, appropriations for necessary 219 276. Contracts to be in writing — Supplies 219 277. Bids for school houses 220 278. Funding indebtedness 220 279. Tax levy 222 280. School law in force 223 281. Old school board 223 282. Limit of debt 224 283. Bonds to purchase real estate and erect buildings — Bids 224 284. Purchase of grounds and buildings 225 285. Eminent domain, may exercise 226 286. Removal of commissioner 226 287. Levy to pay debts ., 227 288. Subsequent censuses 227 289. Manual training schools 227 290. Teachers and instructors 228 ' 291. Tax to support schools 228 292. Transfer of property 228 CONTENTS. XI CHAPTER XV. TEACHERS' PEIVSION FUND. SEC. PAGE 293. Teachers' pensioa fund — Trustees 230 294. Officers— Duties 231 295. Control of fund— What constitutes 232 296. Investment of funds 234 297. Sinking fund 234 298. Uses of fund 234 299. Years of sefvice — How computed 235 300. Pensioners — Re-examination 236 301. Servico pension 237 302. Computing time 237 303. Trustees— By-laws 237 304. Payments — When refunded in part 238 305. Deficiency — Pro rata payments 238 306. Place of payment 239 307. Pensions exempt from seizure 239 308. Cancellation of payment 239 309. Teacher defined 239 CHAPTER XVT. SCHOOLS IN CITHCS OF 45,000 TO 55,000. 310. School corporations 240 311. Power of school board 240 312. Buildings— Bonds 240 313. Special tax 240 314. Proceeds of bonds 241 315. Population 242 CHAPTER XVII. SCHOOLS AND SCHOOL HOUSES. 316. Bible 243 317. Uniformity as to time — Numbering 245 318. Calendar 245 319. Colored children 245 320. Indigent children 246 321. Appropriations for indigent children 247 322. Branches taught 247 323. Effect of alcoholic drinks and narcotics 249 xii SCHOOL LAW OF INDIANA. SEC. PAGE 324. Teachers examined concerning 250 325. Failure to teacli effect — Dismissal 250 326. Voters" meetings — School directors 250 327. Voters at school meetings 251 328. Other meetings — Powers 251 329. Estimate of expense 254 330. Changing site of school house 254 331. Notice of petition to change 255 332. Misdemeanor 250 333. Doors must swing outward 250 334. Teachers, employjnent and dismissal 257 335. Teachers' contracts lo be in writing 201 336. Blanks to be unilorm 261 337. Minimum wages of teachers 201 338. Teachers' qualifications 262 339. Payment at less rate — Penalty 203 340. State board of education— Duties 263 341. When act in effect 203 342. Repeal 263 342^. Terms for which teachers may be employed 204 343. Special examination 265 344. Director's duties 265 345. Has charge of the school house 265 346. Visits schools — May exclude pupil 266 347. Appeal to trustee 267 348. Insulting teacher 207 349. Title to school property 268 350. Use of school house 269 351. Use of school house 270 352. School house, when sold 271 353. Sale of school property by township trustees 271 354. School house in annexed. territory 273 355. Pay for school house in annexed territory 273 356. Donations and bequests 274 357. Majority of voters '. . . 275 358. Sale of bonds 275 359. Donations may be made to school corporations 276 360. Conditional gift .• 276 361. Income from gift, how used 276 362. Trustee for gift— Powers .277 363. Identity of gift not to be lost 27S 364. Donations for high schools 278 365. Trustees 279 366. Duties of trustees , 280 367. Appropriation of real estate — Petition 280 368. Appraisement 281 369. Duty of appraisers — Payment — Title— Trial 281 CONTENTS. Xm SEC. PAGE 370. Tender before appraisement — Costs 282 371. Repeal 283 872. Soliool property liable for public improvements 283 373. Former payments legalized — Lien 283 374. Special school fund 2S4 375. Legalizing act — Township trustee and advisory board 284 376. Flags 285 377. Display of flag 285 378. Destruction or mutilation 285 379. Penalty 28rt 380. Terms of school — Deficiency in t\\nds — Aiding schools 286 381. Superintendent and auditor — Duties 287 382. Uses of fund 288 383. Liability or fund 288 384. Surplus '. . . 288 385. Repeal 288 386. Transfer of bond tax revenue to special school revenue 288 CHAPTER XVIII. teachers' ij>jstitutes. 387. Township institutes 290 388. Teachers' institutes — Expenses 291 389. Schools closed 291 390. Sessions 292 CHAPTER XIX. ITBEE LIBRARIES. 391. Public library commissions 293 392. Duties— Traveling libraries 293 393. Repeal 294 394. Purchyse of books — Appropriation 294 395. Library association 295 396. Annual appropriation — Expenses 295 397. Advice ' 296 398. Township library tax 296 399. Township library board 297 400. Official documents 298 401. Member of commission not to be publisher 298 402. In cities and towns 298 403. Libraries in certain cities 299 404. Tax to maintain 299 405. Real estate 300 406. Real estate for libraries ,..,.,. .:... . . . 300 Xiv SCHOOL LAW OF INDIANA. SEC. ' ' PAGE 407. Parks used foi library buildings 300 408. Prior acts legalized 300 409. School library tax in cities of 30,000 301 410. County treasurer reports to board of school commissioners 302 411. County treasurer's credits 303 412. Library tax in cities of 15,000 and 30,000 303 413. Payment of bonds 305 414. City and town tax for library — Subscription 305 415. Subscription filed with clerk of circuit court 307 416. Members of library board — Appointment — Qualifications 307 417. Certificate of appointment — Oath 309 418. Organization 309 419. Library board — Powers 310 420. Subscription collected — Buildings — Tax 310 421. Tax, how used 311 422. Use of library — Certificates of membership — Township may use. . 312 423. Donation of library 312 424. Removal of members of board 313 425. Treasurer's report 313 426. Repealing section 314 427. Libraries in cities of 3,500 to 4,000 314 428. Acceptance of library 314 429. Payment of taxes 315 430. Privileges of library 315 431. Removal of directors 316 432. Librar:y fund 316 433. Township trustee in charge 316 434. Trustee's duties 316 435. Use of books 317 436. Where kept 317 437. When open 317 438. Tax levy for library 317 439. Office of librarian abolished 318 440. Library discontinued 318 441. Legalizing s^ection 319 CHAPTER XX. GENERAL PROVISIONS. •442. Suits, how brought 320 443. Costs 320 444. Process, ho^A■ executed 320 445. Appeals from township trustee 321 446. Appeals from county superintendent 328 447. Oaths 324 448. Women eligible to school offices 324 CONTENTS. XV SEC. PAGE 449. Bond binding 324 450. When township trustee elected 324 451. County commissioners fill vacancy 325 452. Secret societies — Unlawful 325 CHAPTER XXI. COMPULSORY EDUCATION. 453. All children must attend school — Age 327 454. County truant oflicers — Duties — Misdemeanor 327 455. Truant officers iu cities and towns 328 456. Compensation of truant oflicers 329 457. Reports 329 458. Poor children — Assistance 329 459. Parental home — Incorrigible child 330 460. Confirmed truant 330 461. Tax 331 462. Enumeration 331 463. Names of children furnished truant oflicers 331 CHAPTER XXTI. TOWiNTSHIP ADVISORY BOARD. 464. Advisory board 333 465. Taxpayers may attend 334 466. Annual meetings — Expenditures and levy 334 467. Estimate of expenditures 336 468. Compensation of board, if desired 337 469. Special meetings of board 337 470. Financial record 338 471. Annual settlement vvith the board 339 472. Trustee's term 341 473. New school house — School supplies 341 474. Trustees' pay 342 475. Contracts void 343 476. Appointment of first members of board 343 477. Publication of receipts and expenditures 343 478. Legalizing act — Township trustee and advisory board 344 XVI SCHOOL LAW OF INDIANA. CHAPTER XXIII. - THE FUND. SEC. PAGE 479. What constitutes :........ 346 480. Estrays and property adrift o49 481. Counties liable 349 482. Account of fund 350 483. Custody of lands 351 484. Leasing lands 352 485. Divided school sections 353 486. Boundaries of townships 353 487. School township, when county lines divide. 353 488. Auditor's statement as to children. ...... 354 489. Auditor's duty ,,.,..,.,....., 354 490. Account and distribution , . 355 491. Duties of the other auditor .■ 355 492. Account — Readjustment 3.')5 493. Power of trustee 350 494. Sale of school lands 356 495. Proceedings to sell 356 496. Ballots 357 497. Results of election 357 498. Certificate of vote 357 499. Trustee's duty 357 500. Order and conduct of sale 358 501. Terms of sale — Timber 358 502. Forfeiture— Resale 359 503. Forfeiture, how prevented 360 504. Forfeiture — Liability for waste 360 505. Suit for waste 300 506. Private sale 360 507. Reappraise! oent 301 508. Advertisement of funds 361 509. Reappraisement of forfeited lauds 301 510. Appropriation by commissioners 302 511. Certificate of pu?'chase 302 512. Rights of purchase ,363 513. Failure to make payment — Penaltj'^ . 363 514. Assignment 363 515. Defective assignUients— Proceedings 364 516. Loan of purchase money 364 517. Payment ,365 518. Lost certifi?ate . 365 519. Purchase money, where paid 365 520. Duty of auditor 365 CONTENTS. iiXVU SEC. PAGE 521. Deed •••••• • • • • ■ ■ • ; .» 365 522. • Sale— Legalization •••••• • 365 523. Title, when comnlete 366 524.. Sale had without vote 366 525. Compensation on failure of title ... 367 526. Lands of surplus revenue fund, how sold. 367 527. Interest — Judgment ,, .: . .. 367 528.. Advertisement of fuJids 368 529., County auditor— Penalty •••••• ^68 530. Auditor's duty 369 531. Appraisement 369 532. Duty of appraisers .^ 369 533. Loans outside of county. 370 534. Loan of school and university funds 371 535. Limit of loan 371 536. Percentage of value of land 371 537. Length of time 372 538. County may borrow 372 539. Note of county — County council 372 540. Auditor's warrant 373 541. Rate of interest , 373 542. Payment of loan 373 543. Transfer from, one county to another 374 544. Certilicate as to liens 374 545. Oath of applicant 375 546. Time of loan 376 547. Limit of loan 376 548. Acknowledgments and oaths 377 549. Record of mortgages — Priority 377 550. Auditor's duty 378 551. Fees 378 552. Interest unpaid — Auditor's duty 378 , 553. Collection on default 379 554. Fund to be specified ■. 380 555. Form of mortgage 380 556. Form of note 382 557. Warrant to borrow ". 382 558. Payments — Quietus 382 559. Indorsements and satisfaction 383 560. Suit for deficiency 383 561. Notice of sales 384 562. Manner of sale — Surplus 384 563. Auditor's bid 386 564. Sale of lands bid in 387 565. Reappraisement of forfeited lands 388 566. Appropriation by commissioners 388 XVm SCHOOL LAW OP INDIANA. SEC. PAGE 567. Deed by auditor 389 568. Statement of sales 389 569. Title iu state without deed 390 570. Conveyance to county 390 571. Suit to foreclose 390 572. Purchase by county 391 573. Lease of land purchased 391 574. Sale of land — Appraisement 392 575. Deeds 393 576. Sales legalized 393 577. Act supplemented 393 578. Cancellation of mortgage 393 579. Annual report 394 580. Duty of boards 394 581. Board's report 395 582. Disposition of report 396 583. Apportionment of loans . , 396 584. Miscellaneous school fund account 396 585. Distribution and report 397 586. Penalty against auditor 397 587. School funds — Expense in making loans 398 588. Repeal of order 398 589. Appropriations— County council 398 590. Repeal 398 CHAPTER XXIV. STATE NORMAL SCHOOL. 591. Established 399 592. Trustees — Corporate name 399 593. Term of office — Vacancies 399 594. Organization — Officers 400 595. Donations 400 596. Location 400 597. Contract for building 401 598. Model school 401 599. Duty of trustees 401 600. Conditions of admission 401 601. Tuition fee 402 602. Principle of management 402 603. Reports 402 604. Board of visitors 402 605. Certificates — Diplomas 403 60(5. Pay of trustees 403 607. Pay of treasurer and agent 403 CONTENTS. XIX CHAPTER XXV. INDIANA UNIVERSITY. SEC. PAGE 608. Recognized 405 609. Tax for endowment fund 405 610. Application of fund 405 611. Bond of state 406 612. Loans by si ate auditor 406 613. Mortgages calien by state auditor 407 614. State may borrow fund 407 615. Trustees — Corporate name — Officers — Powers 408 616. The first trustees 408 617. The first meeting 409 618. Vacancies 409 619. Fay of trustees 409 620. Trustees of Indiana University 409 621. Trustees' terms expiring 1891, successors 409 622. Trustees' terms expiring 1893, successors 410 623. Registry of alumni 410 624. Nomination of trustees 411 625. Annual meeting of alumni 411 626. Method of voting by alumni 411 627. Annual meeting 412 628. Quorum — Temporary appointments 412 629. Seminary township 412 630. Interest on loans 413 631. Faculty— Powers 418 632. No religious qualifications 413 633. No sectarian tenets 414 634. County students 414 635. Notice to counties 414 636. Treasurer's bond 414 637. Board of visitors 414 638. Visitors not attending to be reported 414 639. Duties of visitors 415 640. Duties of secretary 415 641. Duties of treasurer 415 642. Report to state superintendent 416 643. Lectuies by faculty 416 644. Geological examinations and specimens 416 645. Printing annual report -. . . . 416 646. Contents of report 417 647. Notice of sessions 417 648. Buildings and repairs 417 649. Normal department 417 650. Agricultural department 418 XX SCHOOL LAW OF INDIANA. SBC. PAGE 651. Scholarships traiisferrable 418 652. Perpetual scholarships 418 653. Library 418 654. State geologist 419 655. Fund, how derived — Loans 419 656. Auditor of state to loan — Duty 419 657. Form of mortgage 420 658. Form of note. 420 659. Loans— Security . 420 660. Interest .... 421 661. Priority of mortgage 421 662. Recording of mortgage 421 663. Certificate as to liens 422 664. Abstract of title 422 , 665. Auditor's duty 422 , 666. Payment 422 J667. Satisfaction 422 ,^^668. Loans, how collected 423 669. Judgment 423 670. Notice of sale. . , 423 671. Sale 423 672. When auditor to buy — Resale 424 673. Limit of bid— Overplus 424 674. Statement of sale 424 675. Title in state, without deed 424 676. Sale for cash— Certificate 424 677. Sale on credit 425 678. Fees and damages 425 679. Accounts— Reports 425 680. Accounts with borrowers 425 681. Interest, when loaned 425 682. Unsold lands 426 683. Certificate of payment— Patent 426 684. Leases 426 685. Commissioners' report 42T 686. Commissioners' duty 427 687. Pay of commissioners 427 688. Patents, and recording 427 689. Pay for managing fund 427 690. Extension of payments 428 691. Forfeiture, how prevented 428 692. Forfeited lands 428 693. Appraisement of lands 429 694. Where filed and recorded 429 695. Duty of county auditors 429 696. Notice of sale 429 CONTENTS. XXI SEC. PAGE 697. Sale 429 698. Terms of sale 430 699. PrjA^ale entry 430 700. Certificate of purchase 430 701. Certificate to be registered 431 702. Certificate assignable 431 703. Forfeiture 431 704. Surplus 431 703. Forfeiture, how prevented 431 706. Land, how redeemed 432 707. Security 432 708. Suit for waste 432 709. Patent on full payment 432 710. Auditor's report 433 711. Treasurer's report 433 712. To pay money to state treasurer 433 713. Pay of auditor and treasurer 433 714. Loans '. . 434 715. Disposition of proceeds 434 716. Report of sales 434 717. One trustee to attend sales 435 718. No member to deal in the lands 435 719. Trustees to get information - 435 720. State treasurer collects loans 436 721. County auditors loan 436 722. Auditor of state can not loan 436 723. Counties pay Interest 437 724. Suit for deficiency after sale 437 CHAPTER XXVI. PUEDUE UNIVERSITY. 725. Agricultural college scrip 439 726. The first trustees and original name 439 727. Sale and investment of scrip 439 728. Donations accepted • 440 729. Location 440 730. Purdue university — Permanent name 441 731. Corporate name — Powers and duties of trustees 441 732. Dedication of street 442 733. Power to dedicate 442 734. Privileges of John Purdue 442 735. Amendment or repeal 443 736. Appointment of trustees 443 Xxii SCHOOL LAW OF INDIANA. SEC. PAGE 737. Term of 'office 443 738. Vacancies, bow filled 444 739. Officers — Treasurer's bond and duties 444 740. County students 444 741. Students 445 742. Investment of fund 445 743. Gift to establish insti tu.te of technology 446 744. Farmers' institutes 446 745. Time and place of holding institutes ' 447 746. Appropriation 447 747. Farmers' reading courses 447 748. Farmers' institute — County warrant 448 749. Application for warrant — Statement 448 750. Woman's auxiliary 448 751. Amount of warrant — How determined 449 752. Expenses defined 449 753. False reports — Penalty 450 754. Supplemental 450 755. Acceptance of United States grant 450 CHAPTER XXVII. TAX FOE INDIANA AND PUEDUE UNIVEESITIES AND STATE NOEMAL SCHOOL. 756. Amount of tax — Division 452 757. Permaiient fund not affected 453 758. Repeal not to affect taxes then levied 453 CHAPTER XXVIII. STATE EIBKARY. 759. Management 455 760. Election of librarian — Term 455 761. Term of office — Bond 455 762. Library, when to be kept open 455 763. Preservation of state documents 455 764. Legislative papers, preservation 456 765. Exchanges 456 766. Misappropriation of books 456 767. Loan of books 456 768. Rules and regulations 457 769. Salaries — Reference librarian — Cataloguer- -Stenographer 457 770. Report of I'eeeipts and expenditures 457 771. Removal of Ibrarian or assistants 457 CONTENTS. XXlll SEC. PAGE 772. Violation of this act, penalty 457 773. State library — Legislative reference department 458 774. Reference librarian — Salary 458 775. Appropriation 458 APPENDIX. PAGE Constitution of the State of Indiana 458 Index to constitution 497 Laws enacted 1905 and 1907 498 General index 500 THE PRESENT REVISION 1907 The present edition of tlie School Laws contains the laws enacted by the legislatures of 1905 and 1907. The laws of these two sessions are indexed in an appendix to the general index. By consulting the index in the appendix persons interested will have no trouble in finding the new laws. : I N'': The last session of the legislature was a record-breaker in its work done for education. Not for forty years or more have the schools fared so well. The teachers got practi- cally everything they asked for. The members of the gen- eral assembly can not be commended too highly for their intelligent, careful consideration of the educational needs of the state. The splendid laws enacted will have a far- reaching influence in giving Indiana her proper rank in the educational world. In December, 1905, at the meeting of the state teachers' association, the state department of public instruction strongly recommended that said association should ask the governor of the state to appoint a commission to study the educational needs and to make a report to the meeting in 1906, which should be the basis for legislation in the sixty-fifth general assembly. The request for such a com- mission was made and the governor named its members. Seven of the laws enacted are the outcome of the recom- mendations made by the commission. Without minimiz- ing the service rendered by the legislature, the teachers of the state can congratulate themselves upon the outcome. The fact that they knew what they needed, decided just what they would ask for, and, having so decided, concen- trated their forces, had much to do with the outcome. It all serves to show that with proper organization the teach- es) 4 SCHOOL LAW OF INDIAI^^A. ers can have whatever they ask for that is in reason. The legislation secured is along the lines that the state depart- ment of public instruction has been emphasizing for four years. And so the department is highly gratified with the recognition of the needs of the schools by the general assem- bly and again thanks its members severally and collectively a,nd congratulates the school people over the state upon the new educational opportunity that has been provided. A careful study of the laws will convince the student of education that something substantial has been accom- plished for the patrons and children as well as for the teachers themselves. It will also show that the responsi- bility of school officials and school teachers has likewise been increased. For the first time in the history of educa- tion in Indiana an educational standard providing for larger requirements in scholarship and professional train- ing on the part of the teachers has been established. The poorly prepared and the ''makeshifts" have been elimi- nated from the calling. The old laws strengthened and the new ones added point strongly to a rapid realization of a more equal educational opportunity to all children in the state. With these new opportunities and new duties it remains to be seen what the schools will accomplish. Cer- tainly a great deal remains for the teachers themselves to do in order to prove to the legislature that they are worthy of the strong manifestations of respect and confidence so recently expressed. Never in the history of education was public opinion so favorable to the teacher. The press has given columns to his advocacy. The pulpit has championed his cause. Every class of society has raised its voice for better conditions for the teacher. And when what has come to the teacher out of all this agitation andjegislation is analyzed, it will be found that the increase in wages will be of small moment compared to the uplift that has come from the strong ex- pressions of respect and confidence from men and women whose good will is prized above all things. COUNTY SUPERINTENDENTS OF INDIANA, ELECTED JUNE 3, 1907, FOR FOUR YEARS. County. Address. Adams Allen Bartholomew Benton Blackford . . . . Boone Brown Carroll Cass Clark Clay Clinton Crawford . . . . Daviess Dearborn . . . . Decatur Dekalb Delaware . . . . Dubois Elkhart Fayette Floyd . _. Fountain. . . . Franklin Fulton Gibson Grant Greene Hamilton. . . . Hancock Harrison Hendricks. . . Henry Howard Huntington. . Jackson Jasper Jay Jefferson Jennings Johnson Knox Kosciusko. . . Lagrange. . . , Lake Laporte Lawrence. . . , Madison Marion Lawrence E. Opliger. Henry G. Felger Charles E. Talkington. Charles H. Dodson. . . . Finley Geiger Edward C. GuUion William L. Coffey Philip B. Hemmig. . . . WiUiam H. Haas Samuel L. Scott Willis E. Akre Oscar S. Baird Stuart A. Beals Benjamin J. Burris. . . Solomon K. Gold Edgar Mendenhall. . . . Henry E. Coe Charles A. Van Matre . William Melchior A. E. Weaver Claude L. Trusler Roy L. White M. F. Livengood August J. Reifel John C. Werner John L. Fulling Alonzo G. Brumfiel. . . Christian Danielson. . . John F. Haines Frank Larrabee Amzie P. Kannapel. . Guy M. Wilson . . . Harry B. Roberts E. E.'Robey IraB. Potts Jeremiah E. Payne. . . Ernest Lamson WiUiam R. Armstrong Charles T. FeweU John Clerkin Jesse C. Webb Wm. M. Alsop Edson B. Sarber.. Theodore A. Norris. . . Wilbur R. Curtis Elmer G. Bunnell Ralph N. Tirey James W. Frazier John R. Carr Decatur. Fort Wayne. Columbus. Fowler. Hartford City. Lebanon. Nashville. Delphi. Logansport. JeffersonvUle. Brazil. Frankfort. EngUsh. Washington. Lawrenceburg. Greensburg. Auburn. Muncie. Jasper. Goshen. Connersville. New Albany. Covington. Brookville. Rochester Princeton. Marion. Switz City. NoblesviUe. Greenfield. Corydon. Danville. New Castle. Kokomo. Huntington. Brownstown. Rensselaer. Portland. Madison. Vernon. Franklin. Vincennes. Warsaw. Lagrange. Crown Point. Laporte. Bedford. Anderson. Indianapolis SCHOOL LAW OF INDIANA. County. Name. Address. 50 51 52 *53 54 *55 *56 *57 *58 *59 *60 *61 62 63 *64 *65 *66 *67 68 69 *70 *71 *72 73 *74 *75 *76 *77 *78 79 *80 81 82 83 *84 85 . 86 *87 *90 *91 *92 M3,rshall Martin Miami Monroe. . . . . Montgomery . Morgan Newton Noble Ohio Orange Owen Parke Perry Pike ,.. Porter Posey Pulaski Putnam .... Randolph. . . Ripley Rush Scott Shelby Spencer. . . . Starke St. Joseph. . . Steuben. . . . Sullivan. . . . Switzerland . Tippecanoe . . Tipton Union Vanderburgh Vermillion. . Vigo Wabash. . . . Warren Warrick .... Washington., Wayne Wells White Whitley Lewis E. Steinebach . John Armstrong E. B. Wetherow Harry O. Buzzaird. . . Otis E. Hall W. D. Curtis W. L. Kellenberger . . William A. Beane . . . Reuben M. Richmond Claude L. Rankin. . . William H. Stone.... Jesse M. Neet WiliiamS.' Corn ."!.'!! Samuel C. Ferrell. . . . William O Wilson . . . John H. Reddick. . . . Oscar Thomas Lee L. Driver Hale Bradt William O. Headlee . . James A. Boatman . . William Everson. . . . Ulysses S. Lindsey . . Elmer E. Rodgers. . . William Clem Homer Dilworth Richard Park E. E. Scudder Brainard Hooker. . . . Larkin D. Summers. . Eli P. Wilson Floyd C. Ragland . . . John B. Butler J. S. Hubbard . . Robert K. Devricks. . Harry Evans Andrew J. Hopkins. . Orra Hopper Charles W. Jordan. . . Arthur R. Huyette.. . Henry J. Reid George H. Tapy Plymouth. Shoals. Peru. Bloomington. Crawfordsville. Martinsville. Kentland. Albion. Blue. Orleans. Spencer. RockvUle. Augusta. Valparaiso. Mt. Vernon. Winamac. Greencastle. Winchester. Versailles. Rushville. Scottsburg. Shelbyville. Rockport. Knox. South Bend. Angola. Sullivan. Vevay. Lafayette. Tipton. College Corner, Ohio. Evansville. Newport. Terre Haute. Wabash. Williamsport. Boonville. Salem. Richmond. Bluffton. Monticello. Columbia City. * Re-elected. SCHOOL LAW OF INDIANA. CHAPTER I. C0]SS1ITUTI0NAL PROVISIONS. Sec. 1. Common schools. 2. Common school fund . 3. Principal, a perpetual fund. 4. Investment and distribution. Sec. 5,. Reinvestment. 6. Counties — Liability. 7. Trust funds inviolate. 8. Superintendent of public instruction. ARTICLE VIII. [In force November 1, 1851 ] 1. Common schools. 1. Knowledge and learning gen- erally diffused throughout a community being essential to the preservation of a free government, it shall be the duty of the general assembly to encourage, by all suitable means, moral, intellectual, scientific and agricultural improvement, and to provide by law for a general and uniform system of common schools, wherein tuition shall be without charge and equally open to all. (R. S. 1881 ; § 182 ; R. S. 1901, § 182 ; R. S. 1897, § 182.) 1. Schools a state institution. Under our former constitution we had tn'O systems of common schools, the general and local ; but the local broke down the general system, and neither had flourished. This was an evil distinctlj' in the view of the convention which framed the new constitu- tion, and it was determined that the two systems should no longer co- exist; that the one general system should continue, strengthened by addi- tional aids, and that the counteracting local systems should go out of ex- istence. Common schools, as a whole, are made a state institution — a system co-extensive with the state, embracing within it every citizen, every foot of territory, and all the taxable property of the State. — City of La- fayette V. Jeuners, 10 Ind. 76 and 77 ; Greencastle Tp. v. Black, 5 Ind. 557. 2. General. Our common school system must be general, that is, it must extend over and embrace every portion of the state. — Corey v. Car- ter, 4S Ind. 358. 3. Uniform. It must be uniform. This is secured when all the schools of the same grade have the same system of government and discipline, the same branches of learning taught, and the same qualifications for admis- sion. — Corey v. Carter, 48 ind. 358. 4. Classification. The schools must be equally open to all. But the legislature may classify the pupils to be admitted, with reference to age, sex, advancement and branches of study to be pursued, and may designate to what schools and what school houses the different ages, sexes and de- 8 SCHOOL LAW OF INDIANA. grees of proficiency shall be assigned. — Corey v. Carter, 48 Ind. 358; 175 U. S. 528. 5. Colored pupils. To require the white and colored children to be taught separately, provision being made for the education of each in the same branches, according to age, capacity or advancement, with capable teachers, does not amount to a denial of equal privileges to either, or con- flict with the open character of the system required by the constitution. — Corey v. Carter, 48 Ind. 358, 6. Legislature does jstot levy. The above section does not require the legislature to levy all school taxes nor prohibit it from providing by gen- eral law for the levying of school taxes by the local school authorities.— Robinson v. Schenck, 102 Ind. 307. 7. Legislative power. The legislature is given full power under this section to provide for i\ general and uniform system of common schools, and such power necessarily resides in it, although it be not given by the constitution. It jnay prescribe the course of study and the system of in- struction that shall be pursued and adopted, as well as the books which shall be used.— State v. Haworth, 122 Ind. 462. 8. Compulsory education. The law relating to compulsory education does not imriuge upon this section of the constitution. — State v. Bailey, 157 Ind. 324; Gl N. E. Rep. 730. 9. Legislative duty. "The matter of education is deemed a legitimate function of the state, and with us is imposed upon the legislature as a duty by imperative provisions of the constitution. * * * The subject has always been regarded as within the purview of legislative authority. How lar this interference should extend is a question, not of constitutional power for the courts, but of exi'ediency and propriety, which it is the sole province of the legislature to determine. I'he judiciary has no authority to interfere with this exercise of legislative judgment; and to do so would be to invade the province which by the constitution is assigned exclusively to the law-making power."' — State v. Clotter. .33 Ind. 409, 411 ; see State V. Bailey, 157 Ind. 324, 330 ; 61 S. E. Rep. 730. 10. "Vaccination. This section does not prevent a local board of health under R. S. 1901, section 6718, requiring all school children to be vacci- nated as a sanitary condition imposed upon their privilege of attending school during a period threatened with an epidemic of smallpox. — Blue v. Beach, 155 Ind. 121; 56 N. E. Rep, 89, 2. Common school fund. 2, The common school fund shall consist of the congressional township fund and the lands belonging thereto; The surplus revenue fund; The saline fund, and the lands belonging thereto; The bank tax fund, and the fund arising from the one hundred and fourteenth section of the charter of the state bank of Indiana; SCHOOL LAW OF INDLA.NA. if The fund to be derived from the sale of county semina- ries, and the moneys and property heretofore held for such seminaries; for the fines assessed for breaches of the penal laws of the state, and from all forfeitures which may ac- crue; All lands and other estate which shall escheat to the state for want of heirs or kindred entitled to the inheritance; All lands that have been or may hereafter be granted to the state when no special purpose is expressed in the grant, and the proceeds of the sales thereof, including the proceeds of the sales of the swamp lands granted to the state of In- diana by the act of congress, of the twenty-eighth day of September, one thousand eight hundred and fifty, after de- ducting the expense of selecting and draining the same ; Taxes on the property of corporations that may be as- sessed by the general assembly for common school pur- poses. (R. S. 1881, § 183; R. S. 1901, § 183; R. S. 1897, § 183.) 1. Consolidation void. In so far as this section attempts to consolidate the congressional township fund with other funds, it is inoperative. The provisions of the school law of 1852, which were designed in pursuance of this section to effect such consolidation, are in contravention of the sub- sequent section 7, and of the congressional grant to the townships. — State V. Springfield Tp., 6 Ind. 83 ; Davis v. Indiana, 94 U. S. 792. 2. Sale of seminaries void. The provisions authorizing the sale of county seminaries is void, impairing the obligation of contracts. — Edwards V. Jagers, 19 Ind. 407. Compare Heaston v. The Board, 20 Ind. 398. 8. Penalties. The fact that a penalty under R, S. 1901, § 8465, for making a false tax list, is to be paid into the county treasury, for the use of the county, does not bring the statute into conflict with this section of the constitution, for such penalty is not a fine in the sense of the word as there used. Burgh v. State, 108 Ind. 132. So the statute turning over certain fines assessed for immorality, to the Home for Friendless Women, is valid, sec. 0243, R. S. 1S81 ; R. S. 1901, § 8346.— City of Indianapolis v. Indianapolis Home, 50 Tud. 215. 4. Escheated real estate. Under this section it is "the fund to be derived froin the sale of esche&ted real estate," and not such real estate itself, which becomes a part of the common school fund. — State v. Meyer, 62 Ind. 33. 5. EsTRAYS. Money arising from the sale of estrays and property adrift, belongs to the school fund by virtue of the act of 1844, p. 86, and R. S. 1881, § 235 : R. S. 1901, § 235 : R. S. 1897, § 235. 6. See § 479 and notes. 10 SCHOOL LAW OF INDIANA. 7. Telegraph penalties. Penalties recovered under R, S. 1901, §§ 5511, 5512, from telegraph companies do not come under the above section. West- ern Union Telegraph Co. v. Ferguson, 157 Tnd. 37, 40; 60 N. E. Rep. 679; Judy V. Thompson, 156 Ind. 533 ; 60 N. E. Rep. 270. See State v, Indiana, etc.; R. R. fJo.. 133 Ind. 69 r Toledo, etc., R. R. Co. v. Stephenson, 131 Ind. 203; Burgh v. State, lOS Ind, 132; Pennsylvania Co. v. State, 142 Ind. 428. 8. Taxing school lands. School lands while held by the townships can not be taxed for any ])uvpose. — Edgerton v. Huntington Tp., 126 Ind. 261. 3. Principal, a perpetual fund. 3. The principal of the common school fund shall remain a perpetual fund, which may be increased, but shall never be diminished ; and the in- come thereof shall be inviolably appropriated to the sup- port of common schools and to no other purpose whatever. (R. S. 1881, § 184; E. S. 1901, § 184; E. S. 1897, § 184.) 1. Diversion. This "fund must be devoted to the support of the com- mon schools, without the diversion from it of a penny for any other pur- pose whate^ er."— Board v. State, 120 Ind. 282 ; .Hoard v. State, 116 Ind. 329. 2. Authority of courts to investigate. The money due the school fund can not, by any legislative contrivance, be kept out of it, nor can any legislative scheme be framed that will preclude the courts from ascertain- ing the facts. No official statement can preclude the proper authorities and erect a barrier between them and the way to a recovery of money which the constitution imperatively ordains shall inviolably and without diminu- tion be preserved for school purposes. A statute making the statement of the county auditors as to the amount of school funds held In trust by their respective counties, when approved by the superintendent of public instruc- tion, "conclusive evidence of the facts therein contained," is unconstitu- tional.— Board V. State, 120 Ind. 282. 4. Investment and Distribution. 4. The general as- sembly shall invest, in some safe and profitable manner, all such portions of the common school fnnd as have not here- tofore been entrusted to the several counties, and shall make provision by law, for the distribution among the sev- eral counties of the interest thereof. (E. S. 1881, § 185; E. S'. 1901, § 185; E. S. 1897, § 185.) 1. "Invest" defined. The word "invest" is construed as broad enough to cover loans made by counties, and that the fund may be entrusted to them for that purpose, but it does not restrict to that mode of investment. — Shoemaker v. Smith, 37 Ind. 122. SCHOOL LAW OF INDIANA. 11 5. Reinvestment. 5. If any county shall fail to de- mand its proportion of such interest, for common school purposes, the same shall be reinvested for the benefit of such county. (E. S. 1881, § 186; R. S. 1901, § 186; R. S. 1897, § 186.) 6. Counties — liability. 6. The several counties shall be held liable for the preservation of so much of said fund as may be entrusted to them, and for the payment of the annual interest thereon. (R. S. 1881, § 187; R. S. 1901, §187; R. S. 1897, §187.) 1. Rents. A county is liable for rents derived from unsold congres- sional township lands. — Davis v. Board, 44 Ind. 38 ; Board v. State, 116 Ind. 329. 2. SxHT. An action may be sustained in the name of the state on the relation of the board of county commissioners to recover rent received by a township trustee for the lease of unsold school lands belonging to the sixteenth section, and not paid by such trustee into the county treasury. — • Davis V. Board, 44 Ind. 38; Davis v. Indiana, 94 U. S. (4 Otto) 792. 3. Money foe the rent of unsold school lands. Money derived from the rents of unsold school lands belonging to the sixteenth section is to be paid into the county treasury, to insure its just and equitable distribution to the inhabitants of the congressional township in which such section lies. — Davis V. Board, 44 Ind. 38. 4. Policy of the law. It is the pplicy of the law that all school reve- nues are to be distributed to the beneficiaries thereof through and from the county treasurer to the proper officers of the various school corpora- tions — cities, towns and civil townships. — Davis v. Board, 44 Ind. 38. 5. Reimbuesing county. If a county pay out interest on a loan it has made, and has bought in the laud when the land is sold, it may reimburse itself out of the proceeds of the sale after the loan is satisfied.— Board v. State, 122 Ind. 333. 7. Trust funds inviolate. 7. All trust funds held by the state shall remain inviolate and be faithfully and ex- clusively applied to the purposes for which the trust was created. (R. S. 1881, § 188; R. S. 1901, § 188; R. S. 1897, § 188.) 1. Expense of management. The constitution requires the counties to bear the expense of managing the school fund ; and if they pay out any part of the fund for such expense they are liable to make the loss good. — Board v. State, 103 Ind. 497; Vanarsdall v. State, 65 Ind. 176; State v. Board. 90 Ind. 359 ; Board v. State, IK? Ind. 329 ; Board v. State, 138 Ind. 395. 12 SCHOOL LAW OF INDIAKA. 2. DlEECT TRUST — STATUTE OF LIMITATIONS INOPEEATI%'E. The COUnty, in receiving and disbursing tlie school fund, acts as the trustee of a direct trust, and against such trust the defense of the statute of limitations can not be interposed. — Board v. State, 108 Ind. 497; Board v. State, 106 Ind. 270. 3. Settlement between commissioners and county officer does not coNCLt^DE THE STATE. A Settlement between the board of commissioners and a county auditor or other countj' ofiicer does not conclude the state from maintaining an action to recover school funds unlawfully paid to an officer by the board.— jioard v. State, 103 Ind. 497; Board v. State, 106 Ind. 270; Board v. State, 116 Ind. 329: Board v. State, 106 Ind. 531. 4. Duty of commissioners — Fees — Counsel — Interest. It is the duty of the board of commissioners to prosecute an action against a township trustee who refuses to account for the income of land belonging to the congressional township fund, and in the discharge of that duty it is proper for the board to employ attorneys and pay reasonable fees for their serv- ices out of the proper funds ; but such fees can not be paid out of the moneys recovered in such proceedings, as such moneys, under the com- pact between the United States and the state of Indiana, and under section 3 of article 8 of the state constitution (section 3 above), are inviolably ap- propriated to the inhabitants of the proper township for the use of the common schools, and for any deduction made therefrom for attorneys' fees or otherwise the county is liable, under sections 6 and 7 of the article cited (sections G and 7 above) with interest from the date of diversion. Attorneys' fees should be paid out of the general county fund. — Board v. State, 116 Ind. 329. See State v. Board, 5 Ind. App. 220. 5. The grant was a contract. The grant, by congress, of the six- teenth section to the inhabitants of the congressional townships, respect- ively, was a contract executed and incapable of revocation by the legisla- ture. — State v. Springfield Tp., 6 Ind. 83 ; Quick v. Whitewater Tp., 7 Ind. 570; Quick v. Springfield Tp., 7 Ind. 636; Springfield Tp. v. Quick, 22 How. 56. The school law of 1855 was held valid. — Quick v. Springfield Tp., 7 Ind. 636. 8. Superintendent of Public Instruction. 8. The gen- eral assembly shall provide for the election, by the voters of the state, of a state superintendent of public instruction, who shall hold his office for two years, and whose duties and compensation shall be prescribed by law. (R. S. 1881, § i89; R. S. 1901, § 189; R. S. 1897, § 189.) SCHOOL LAW OF lOTDLAJTA. 13 CHAPTEE 11. SUPERINTENDENT OF PUBLIC INSTRUCTION. Sec Sec 9. Superintendent . 16. Supervision of school funds 10 Commencenient of term — Oath. 17. May require reports. 11. Duties — Office — Clerks. 18. Blanks and forms. 12. Report to governor. 19. Forms of bookkeeping. 13. Report to general assembly. 20. Shall publish school law. 14. Duties. 21. Journals, etc., to libraries. 15. Traveling expenses. [1865, p. 3. Approved and in force March 6, 1865.] 9. Superintendent — Election. 119. There shall be elected by the qualified voters of the state, at a general elec- tion, a state superintendent of public instruction, who shall hold his office for two years. (R. S. 1881, § 4406; R. S. 1901, § 5835; R. S. 1897, § 5997.) 1. Salakies. The salary of the state superintendent of public instruc- tion is $3,000 per annum. The salary of the assistant superintendent is $2,000 ; of the first deputy, $1,500 ; of the second deputy, $1,200, and of the stenographer, $720. 10. Commencement of term — Oath. 120. His official term shall commence on the fiLfteenth day of March suc- ceeding his election. He shall take and subscribe the oath prescribed by law; which proceeding shall in all things con- form to the law relative to the oaths of public officers. (R. S. 1881, § 4407; R. S. 1901, § 5836; R. S. 1897, § 5998.) 11. Duties — Office — Clerks. 121. The superintendent shall be charged with the administration of the system of public instruction and a general superintendence of the business relating to the common schools of the state, and of the school funds and school revenues set apart and appro- priated for their support. A suitable office shall be furnished for him at the seat of government, in which the books, pa- pers and effects relating to the business of said office shall be kept; and there he shall give reasonable attendance to the busiaess and duties of the office. He shall render an 14 SCHOOL LAW OF INDIANA. opinion in writing, to any school officer asking the same, touching the administration or construction of the school law. He is hereby authorized to employ two clerks for said office, to be paid as the clerks of the office of the auditor of state are paid ; and the sum of eighteen hundred dollars is hereby annually appropriated for that purpose. (R. S. 1881, § 4408; R. sl 1901, § 5837; E. S. 1897, § 5999.) 1. Opinions. He is not bound to give opinions except to school oflB- ciers — that is county auditors, county treasurers and superintendents, township trustees, school directors, and school trustees of towns and cities. But the courtesy of superintendents has established the custom of answer- ing questions touching the construction and administration of the school laws for all who need such information. 2. His opinions not a defense. It has been decided that depositing funds in a solvent bank, by advice of state and county superintendents and county board, if loss result, is no defense to the trustee depositing.— Inglis V. State, 61 Ind. 212. 3. His opinion entitled to consideration. When a law admits of dif- ferent constructions, it is well settled that the usage under it and the prac- itcal construction of it for a series of years, is entitled to great weight, and sometimes may be decisive. — ^Appeal of Cottrell, 10 R. I. 615. 12. Report to governor. 122. In the month of January in each year in which there is no regular session of the gen- eral assembly, he shall make a brief report, in writing, to the governor, indicating, in general terms, the enumeration of the children of the state for common school purposes, the additions to the permanent school fund within the year, the amount of school revenue collected within the year, and the amounts apportioned and distributed to the schools. (R. S. 1881, § 4409; R. S. 1901, § 5838; R. S. 1897, § 6101.) 13. Report to general assembly. 123. At each regular session of the general assembly, on or before the fifteenth day of January, said superintendent shall present a biennial report of his administration of the system of public instruc- tion, in which he shall furnish a brief exhibit — First. Of his labors, the results of his experience and ob- servation as to the operation of said system, and suggest the remedy for observed imperfections. SCHOOL LAW OF INDIANA. 15 Second. Of the amomit of the permanent school funds, and their general condition as to safety of manner of in- vestment; the amount of revenue annually derived there- from, and from other sources; estimates for the following two years ; and the estimated value of all other property set apart or appropriated for school purposes. Third. Of such plans as he may have matured for the better organization of the schools, and for the increase, safe investment, and better preservation and management of the permanent school funds and for the increase and more economical expediture of the revenue for tuition. Fourth. He shall present a comparison of the results of the year then closing with those of the year next preceding, and, if deemed expedient, of years preceding that, so as to indicate the progress made in the business of public in- struction. Fifth. He shall furnish such other information relative to the system of public instruction — the schools, their per- manent funds, annual revenues, etc., as he may think to be of interest to the general assembly. He shall append to said report statistical tables, com- piled from the materials transmitted to his office by the proper officers, with proper summaries, averages and totals appended thereto. He shall append a statement of the semi- annual collections of school revenue, and his apportion- ment thereof; and, when he deems it of sufficient interest to do so, he shall append extracts from the correspondence of school officers, tending to show either the salutary or de- fective operation of the system or of any of its parts; and shall cause ten thousand copies to be printed and distrib- uted to the several counties of the state. (R. S. 1881, § 4410; E. S. 1901, § 5039; R. S. 1897, § 6102.) 14. Duties. 124. He shall visit each county in the state at least once during his term of office, and examine the auditor's books and records relative to the school funds and revenues, with a view to ascertain the amount and the safety and preservation of said funds and revenues; and 16 SCHOOL LAW OF LNDIANA. for that purpose he shall have access to, and full power to require for inspection the use of the books and papers of the auditor's office. Whenever he may discover that any of the school funds are unsafely invested and unproductive of school revenue, or that any of the school revenues have been diverted from their proper objects, he shall report the same to the general assembly. He shall meet with such school officers as may attend his appointment, counseling with the teachers, and lecturing upon topics calculated to subserve the interests of popular education. (E. S. 1881, § 4411; R. S. 1901, § 5840: R. S. 1897, § 6103.) 15. Traveling expenses. 125. He shall receive, for traveling and other expenses while traveling on the busi- ness of the department, a sum not exceeding six hundred dollars per annum, and an appropriation of that amount is hereby made for that purpose annually. (R. S. 1881, § 4412 ; R. S. 1901, § 5841; R. S. 1897, § 6104.) 1. Note. The traveling expense fund is by appropriation $1,000.00 ; the office expense fund is also $1,000.00. 16. Supervision of school funds. 126. He shall exer- cise such supervision over the school funds and revenues as may be necessary to ascertain their safety, and secure their preservation and application to the proper object; and cause to be instituted in the name of the State of Indiana, for the use of the proper fund or revenue, all suits neces- sary for the recovery of any portion of said funds or reve- nues, it is hereby made the duty of the proper circuit prosecuting attorney to prosecute all such suits at the in- stance of the superintendent, and without charge against said funds or revenue. (R. S. 1881, § 4413; R. S. 1901, §5842;R. S. 1897, § 6105.) 1. May employ attorney. This section authorizes the state superin- tendent and auditor of state to employ an attorney to collect a claim due the school fund, and their contract in this behalf is the contract of the state.— State v. Sims, 76 Ind. 328. 17. May require reports. 127. He may require of the ■ county auditors, county superintendents, county treasurers, SCHOOL LAW OF INDLAJS^A. 17 trustees, clerks and treasurers, copies of all reports re- quired to be made by them, and all such other information in relation to the duties of their respective offices, so far as they relate to the condition of the school funds, revenues and property of the common schools and the condition and management of such schools, as he may deem important. (R. S. 1881, § 4414; R. S. 1901, § 5843; R. S. 1897, § 6106.) 18. Blanks and forms. 128. He may prepare, and transmit to the proper officers, suitable forms and regula- tions for making all reports, and the necessary blanks there- for, and all necessary instructions for the better organiza- tion and government of common schools, and conducting all necessary proceedings under this act. (R. S. 1881, § 4415; R. S. 1901, § 5844; R. S. 1897, § 6107.) 19. Forms of bookkeeping. 102. Forms and modes of bookkeeping shall, from time to time, be prescribed for county auditors and county treasurers by the state superin- tendent of public instruction. (R. S. 1881, § 4416; R. S. 1901, § 5845; R. S. 1897, § 6108.) 20. Shall publish school laws. 129. He shall cause as many copies of the acts of the general assembly in relation to the common schools or the school funds, with necessary forms, instructions, and regulations, to be from time to time printed and distributed among the school townships as he shall deem the public good requires. (R. S. 1881, § 4417; R. S. 1901, § 5846; R. S. 1897, § 6109.) 21. Journals, etc., to libraries. 130. He shall supply each common school library with the legislative and docu- mentary journals, and the acts of each session of the gen- eral assembly and his own annual reports. At the expira- tion of his term of office he shall deliver to his successor possession of the office, and all books, records, documents, papers, and other articles pertaining or belonging to his of- fice. (R. S. 1881, § 4418; R. S. 1901, § 5847; R. S. 1897, §6110.) 18 SCHOOL LAW OF INDIANA. CHAPTER III. STATE BOARD OF EDUCATION. Sec. 22. State board of education. 23. Duties and powers. Sec. 24. State certificate. 25. Pay and mileage of board. []899, p. 426. Approved March 4, 1899. In force April 28, 1899.] 22. State board of education. 153. The governor of the state, the state superintendent of public instruction, the president of the state university, the president of Purdue university, the president of the state normal school, the su- perintendent of common schools of the three largest cities in the state, and three citizens of prominence actively en- gaged in educational work in the state, appointed by the governor, at least one of whom shall be a county superin- tendent, none of whom shall be appointed from any county in which any other member of the state board of education resides, or from which any other member was appointed, shall constitute a board to be denominated the Indiana .state board of education. The three members to be appoint- ed by the governor shall be appointed immediately upon the taking effect of this act. One of such members shall be appointed for one year, one for two years and one for three years from the date of his appointment, and each of said appointees shall serve until his successor shall have been appointed and qualified ; and after the first appointment the governor shall annually appoint one such member to serve for the term of three years, to take the place of the member whose term shall have then expired ; and the governor shall further have power to fill all vacancies that may occur in the office of any such member who holds his office by ap- pointment from the governor. The size of the cities shall, for this purpose, be determined by the enumeration of chil- dren for school purposes annually reported by school exam- iners to the superintendent of public instruction. The super- intendent of public instruction shall, ex officio, be president SCHOOL LAW OF INDIANA. 19 of the board, and in his absence the members present shall elect a president pro tempore. The board shall elect one of its members secretary and treasurer, who shall have the custody of its records, papers and effects, and shall keep minutes of its proceedings: Provided, That such records, papers, effects and minutes shall be kept at the office of the superintendent, and shall be open for his inspection. The said board shall meet upon the call of the presi- dent, or a majority of its members, at such place in the state as may be designated in the call, and shall devise, adopt and procure a seal, on the face of which shall be the words ' ' Indiana State Board of Education, ' ' and such other device or motto as the board may direct, an impression and written description of which shall be recorded on the min- utes of the board and filed in the office of the secretary of state, which seal shall be used for the authentication of the acts of the board and the important acts of the superintend- ent of public instruction. 1. The fiesx board. When first created in 1852 the board consisted of the superintendent of public instruction and the governor, secretary, treas- urer and auditor of state. In 1855 the attorney-general was added. It re- mained merely a board of state officers, but little interested in or con- versant with educational affairs, and exerting no appreciable influence. As a board of professional educators, independent of politics, it has been a valuable agent in our educational progress. 2. Board of school book commissioners. The members of the state board of education are also, by virtue of their office, members of the state board commissioners for school books. See section 32. [1865, p. 3. Approved and in force March 6, 1865.] 23. Duties and powers. 154. Said board, at its meet- ings, shall perform such duties as are prescribed by law, and may make and adopt such rules, by-laws and regula- tions as may be necessary for its own government, and for the complete carrying into effect the provisions of the next section of this act, and not in conflict with the laws of the state, and shall take cognizance of such questions as may arise in the practical administration of the school system not otherwise provided for, and duly consider, discuss, and [2] 20 SCHOOL LAW OF INDIANA. determine the same. (E. S. 1881, § 4421 ; E. S. 1901, § 5850; E. S. 1897, § 6113.) 1. County superintendent. It is the duty of the county superintend- ent to carry out the instructions of the state board and state superintend- ent. [1865, p. 3. Approved and in force March 6, 1865.] 24. State certificates. 155. Said board may grant state certificates of qualification to such teachers as may, upon a thorough and critical examination, be found to possess eminent scholarship and professional ability, and shall fur- nish satisfactory evidence of good moral character. Thej^ shall hold stated meetings, at which they shall examine all applicants, and those found to possess the qualifications herein above named shall receive such certificate, signed by the president of the board, and impressed with the seal thereof; and the said certificate shall entitle the holder to teach in any of the schools of the state without further examination, and shall also be valid during the lifetime of said holder, unless revoked by said board. Each applicant for examination shall, on making application, pay to the treasurer of the board five dollars as a fee. (E. S. 1881, § 4422; E. S. 1901, § 5851; E. S. 1897, § 6114.) GRADES OF LICENSES. 1. Life state license foe geaduates of highee institutions of leaen- iNG ONLY. The state board of education revised its rules governing appli- cants for life state licenses by the addition of the following resolutions : First. All graduates of higher institutions of learning in Indiana, or other institutions of equal rank in other states approved by this board, which require graduation from commissioned high schools, or the equiv- alent of the same, as a condition of entrance, which maintain standard courses of study of at least four years, and whose work, as to scope and quality, is approved by the state board of education, shall, on complying with the conditions enumerated below, be entitled to life state licenses to teach in Indiana : Provided, however. That graduation by the applicant shall have been accomplished by not less than three years' resident study and by thorough, extended examinations in all subjects pursued privately and for which credit has been given by the institution: And, provided, further, That the requirement as to three years' resident study shall ap- ply only to applicants graduating after January 18, 1900. SCHOOL LAW OF ITTOIANA. 21 Second. Such applicants must have held one or more sixty months' licenses or a professional license- Third. They must present to the state board of education satisfactory written testimonials from competent superintendents, special supervisors, teachers, or other school officials to the effect that they have taught and managed a school or schools successfully for a period of not less than thirty months, at least ten of which shall have been in Indiana. Fourth. They must pass thorough, satisfactory examinations in any three of the following subjects: (1) General history of education; (2) the school system and the school law of Indiana; (3) educational psychol- 0^5''; (4) experimental psychology and child study; (5) leading school sys- tems of Europe and America; (6) science of education, and (7) the prin- ciples and methods of instruction. Fifth. Before entering upon the examination, such applicants shall pre- sent to the state board of education satisfactory evidence of good moral chara(;ter. and shall pay tjve dollars each (the fee prescribed by law), which can, in no case, be refunded. Examination in the subjects named above may be taken on the last Saturday of April. Sixth. Licenses will be granted to those, who make a general average of 85 per cent., not falling below 75 per cent, in any subject. II AND III. Foe applicants, not graduates of higher institutions of LEARNING. Life State and professional. Examinations for these licenses will be conducted on the last Saturdays of February and April. Section 1. Subjects for February : Algebra, civil government, American literature, science of education, and two of the following six subjects — elements of physics, elements of botany, German, French, Spanish and Latin (Latin grammar, two books of Caesar and two of Vergil). A satis- factory examination on the above entitles the applicant to a professional license, valid in any Indiana school for eight years. Section 2. Subjects for April : Geometry, rhetoric, general history, English literature, physical geography, and two of the following three subjects — chemistry, geology and zoology. A satisfactory examination on both 1 and 2 entitles the applicant to a life state license. The following requirements govern the application for life state and professional licenses : 1. Applicants for life state and professional licenses must have held two thirty-six months' licenses in Indiana, or an equivalent in another state, obtained by actual examination, and must have taught successfully at least forty-eight months, which fact shall be properly certified to and sent with the manuscript to the state board of education. Before entering upon the examination, applicants shall present to the examiner satisfactory evidence of good moral character and professional ability. Applicants for life state license shall pay five dollars each (the fee prescribed by law), which can in no case be refunded. 2. Applicants for professional license will take the February examina- tion only. 3. No fee is required of applicants for professional license. 22 SCHOOL LAW OF INDIANA. • 4. Licenses will be granted to those who make a general average of 85 per cent., not falling below 75 per cent, in any subject, and who present satisfactory evidence of professional ability and good moral character, 5. An applicant for a life state license failing in the examination for the same, but who will have met all the requirements for a professional license, shall receive such license, or if he reach the required average for a professional license, but fall below the standard per cent, in one subject, he may be conditioned in such subject, and may be granted a professional license, on the same conditions as if he had originally applied for a license of this class. 6. An applicant is "conditioned," that is. he may complete the work at the next regular examinarion, if he make the required general average and pass successfully upon all the branches except one, required for the license applied for. A statement setting forth this fact will be furnished such "conditioned" applicant, who must present the same to the county superintendent, who will forward it with the conditioned manuscript to the department of public instruction. WHERE THE EXAMINATIONS MAY BE TAKEN. Applicants for professional or life state licenses may be examined by members of the state board of education at any one of the following places on the last Saturday of February and April, respectively : 1. In the department of public instruction, state house. 2. In the office of the city superintendent of schools, Fort Wayne. 3. In the office of the city superintendent of schools, Evansville. 4. In the office of the county superintendent of schools, Valparaiso. 5. In the office of the country superintendent of schools, Richmond. 6. In the office of tlie president of the state normal school, Terre Haute. 7. In the office of the president of Purdue university, Lafayette. 8. In the office of the city superintendent of schools, Seymour. 9. In the office of the president of Indiana university, Bloomington. RULES. 1. Write upon one side of the paper only, using legal cap. 2. See that the answers to the questions in each branch are entirely separate from those of any other branch, and securely fastened together. 3. Write full name and postoffice address upon each set of answers, and upon every sheet disconnected from the first one. 4. Answer the general questions upon a separate sheet. 5. Furnish the examiner with recommendations required, which are to be filed for future reference. Applicants should furnish to the examiner the necessary postage to send manuscripts. SCHOOL LAW OF INDIANA. 23 IV. Sixty months' state license. This license is valid to teach any subject iu any non-commissioned high school in the state ; to teach all of the common branches in any school in the state ; and to teach the sub- jects upon which the examination is made in any commissioned school. The examination may be talven on the last Saturday of any of the first eight calendar months, but must be taken in two divisions, as follows : The first division, an average of 95 per cent., not falling below 85 per cent, in the "^common branches ;" the second division, an average of 85 per cent., not falling below 75 per cent, in any of the five branches, as follows : Group 1. Literature and composition (required by all applicants). Group 2. Algebra or geometry (one required). Group 3. Botany, zoology, chemistry, physics, or physical geography (one required). Group 4. History and civics, Latin, German, French or Spanish (one required). Group 5. One subject from "2," "3" or "4" not already taken. Five subjects are required in this division. In order to secure a sixty months' license the MSS, of both divisions must be sent to the state department, by number, for gradation. The fee of $1.00 must be sent with the MSS. in each division. 1. Note. Any applicant who has never taught may take the examina- tion in any county. 2. Note. Any applicant who has taught must take the examination in the county in which he last taught, unless he has written permission from the county superintendent under whom he last taught, and then he must bear recommendations and be fully identified to the county super- intendent to whom he applies for examination. When sending manu- scripts to the state department of public instruction this written per- mission should be handed to the county superintendent and forwarded to the state department of public instruction, with the name and success grade of applicant. V. *Thirty-six months' state license. Valid to teach the common branches in any school of the state for a period of three years. It is issued by the state department. The examination may oe taken on the last Saturday of any of the first eight calendar months. General average, 95 per cent. ; minimum grade, 85 per cent. VI. *TwENTY-FOUE MONTHS' STATE LICENSE. Valid to tcach the com- mon branches in any school of the state. General average, 90 per cent. ; minimum grade, 80 per cent. Other conditions same as "V." VII. *TwELVE months' STATE LICENSE. Valid to teach the common branches in any school of the state for a period of twelve months. Gen- eral average, 85 per cent. ; minimum grade, 75 per cent. Other condi- tions same as "V." VIII. * State primary license. For periods of one, two or three years upon averages and minimums as in V, VI and VII. These licenses are issued by the state department of public instruction, and examinations 24 SCHOOL LAW OF INDIANA. may be taken on the last Saturday of March, April, May, June, July or August. IX. State high school license. Issued by the department of public instruction and valid to teach high school subjects in any of the schools of the state. The applicant must be examined upon all subjects he de- sires to teach. No license will be issued for a period of more than one year unless the applicant pass upon at least five subjects. The averages and minimums are the same as in V, VI and VII. The examinations may be taken on the last Saturday of any of the first eight calendar months. X. *CouNTY COMMON SCHOOL LICENSE. Issued by county superintend- ents for periods of three years, two years, one year, and six months, and valid to teach the common branches in the schools of the county in which the license is granted. The questions for these and all other examinations are furnished by the state board of education. Examinations are con- ducted on the last Saturday of each of the first eight calendar months. The averages and minimums are the same as in V, VI and VII. XI. *CouNTY PRIMARY LICENSES. Issucd by the county superintendent for periods of one, two and three years. The examinations may oe taken in March, April, May, June, July or August. Other conditions the same as in X. XII. County high school licenses. Issued by the county superin- tendent for periods of one, two and three years. Other conditions the same as IX. XIII. Fees. An applicant for any grade of license mentioned in V, VI, VII, VIII and IX above, must pay the fee of one dollar. This fee provides for one trial only if the applicant secures a license. If he fail to secure a license he may have a second trial. A third trial is granted in case of a second failure. These three trials may be made for the one fee, provided they occur within one calendar year ; otherwise, the usual fee must be paid for the second or third trial. Applicants for a sixty months' license are entitled to three trials in each division in any one calendar year for one fee for each division in case of failure to make the required grades, provided a lower grade of license is not issued. EXAMINATIONS FOR KINDERGARTEN TEACHERS AND FOR SU- PERVISORS OF MUSIC AND DRAWING. Resolutions relating to licenses and examinations for kindergarten teachers and supervisors or directors of vocal music and for supervisors of drawing. Note. — The same rule governing these examinations for common school licenses obtain in these examinations. XIV. License to teach in the kindergartens. The state board of education, at its meeting September 25, 1905, adopted the following recom- mendations : * State and county common school and primary licenses are based upon examinations in the following subjects : Orthography, reading, writing, arithmetic, geography, grammar, physiology and scientific temperaQce, XJ. S. history, science of education and literature. SCHOOL LAW OF INDLA.NA. 25 1. That three examinations yearly be held for license to teach in the Ivindergarteus established in part or whole by public funds, such examina- tions to be held on the last Saturdays in June, July and August of each year, and the questions for such examinations to be prepared under the direction of the state board of education. 2. That in lieu of such examinations the certificates of graduation from kindergarten training schools recognized by this board may be ac- cepted and licenses issued to teachers in possession of such certificates. 3. That the subjects for such examinations be as follows : a Kindergarten theory and practice, including (1) The philosophy of Froebel. (2) The application of Froebel's philosophy as found in the gifts and occupations ; in stories and games. 6 Music. This includes a test of the applicant's ability to read simple music. c Drawing. This includes a test of the applicant's ability to execute simple drawings with pencil and brush. d English. This consists in the applicant's ability to write one or more paragraphs of good English. e Applicants must present documentary evidence of at least two years' work in a commissioned high school or its equivalent, or pass an examination in the following subjects : English grammar, United States history, geography, elementary arithmetic, English literature, physiology and hygiene. XV. License foe supekvisors oe dikectors of vocal music and also FOE supervisors OF URAWiNG. The state board of education, at its meet- ing January 11, 1906, adopted the following recommendations : 1. That an examination be Iield in June, 1006, the question to be pre- pared under the auspices of this board. 2. That the applicants should also be examined in : English, litera- ture, English composition, arithmetic, United States history, physiology and hygiene. 3. That applicants who submit documentary evidence which indi- cates that they are graduates of a school equal in rank to the commis- sioned high schools of Indiana are exempt from the examination in the academic subjects. (It is to be understood that school officials may elect persons to those positions who have not taken this examination if they so desire.) 4. That, beginning with April, 1907, an optional examination be of- fered to teachers in drawing. This is already done in music. 5. All manuscripts in music, drawing and kindergarten should be sent to the state board of education, rooni 27, state house, Indianapolis, In- diana. 26 SCHOOL LAW OF INDIANA. EXAMINATION OF COMMON SCHOOL GRADUATES. I'he examiuatiou oJ: common school graduates will be held in each county on the third Saturday of March, April and May. The questions on reading for these examinations will be based upon the work as outlined in the state course of study for the seventh and eighth years, but no questions will be drawn from any source except the Indiana fifth reader. [1873, p. 68. Approved and in force March 8, 1873.] 25. Pay and mileage of board. 156. The members of said board, other than the governor and state superintend- ent of public instruction, shall be entitled to receive for their services, while actually engaged in the duties of their office, five dollars per day and five cents per mile necessarily traveled while so engaged; which amount shall be certified by the board to the auditor of the state, who shall draw his warrant therefor, payable out of the general fund, which sum shall be reimbursed to the general fund by the treas- urer of the board paying into it that amount out of the money received by him as fees for certificates ; and if there be any residue of money received as such fees, it shall be expended by the superintendent of public instruction in the purchase of suitable books for an office library. Said board shall be allowed the necessary expenses incurred in the dis- charge of the duties required of the same, for clerk hire, postage, etc. ; which expenses shall be paid as the expenses of the members of the board are paid. (R. S'. 1881, § 4423; R. S. 1901, § 5852; R. S. 1897, § 6115.) 1. Appeopkiaiions. The requirements that the auditor of state shall, upon the certificate of the board, draw his warrant on the general fund for the expenses specified, amounts to a continuing appropriation therefor, which, however, is temporarily suspended when an appropriation is made therefor in the biennial appropriation bil!.^ — Hord, Atty.-Gen. SCHOOL LAW OF ITTDIANA. 27 CHAPTER TV. NORMAL SCHOOLS. Sec. 26. 27. 28. The state board of education a state teachers' training board. Courses of study. Two-year course . Sec. 29. Diplomas. 30. "Accredited" school. 31. When "accredited" denied. [1907, p. 451. Approved March 11, 1907, and in force April 10, 1907.] 26. State teachers' training board — Duties. 1. The state board of education, in addition to its present powers and duties, shall be and is hereby constituted a state teach- ers' training board, and, as such, is authorized and directed to arrange for a regular system of normal school instruc- tion throughout the state; to designate what schools and what professional departments in schools shall be accred- ited in the state system of normal school instruction ; to fix conditions upon compliance with which present and future schools and departments may become accredited as a part of such system; to establish, inspect, pass upon and ap- prove, reject, alter, amend or enlarge courses of study and teaching in the several accredited normal schools and the accredited professional departments in schools of the state ; and to determine upon credits to be allowed for the work of accredited schools and departments, and equivalents, if any, to be accepted for such work or any part thereof. Said board shall make no rule, regulation or requirement apply- ing to any accredited school or department which shall not under like circumstances apply to each and every accred- ited school and department in the state, nor shall any re- quirement be in excess of the requirements of the Indiana state normal school; it being the purpose and intent of this act that all schools and departments for normal instruction and the training of teachers shall maintain as nearly as possible like standards of excellence and efficiency. 27. Courses of study. 2. The state teachers' training board shall have power and authority to prescribe courses of 28 SCHOOL LAW OF UTOIANA. study upon completion of which graded certificates of work done may be granted by any such accredited school, which certificate shall be recognized by the Indiana state normal school so far as such certificates meet the requirements of said school course. 28. Two-Year course. 3. In order to encourage trained teachers to teach in the district schools and in the grades in the small towns of the state, each accredited school and the state normal school may, subject to the rules and regula- tions of the state teachers' training board, establish a two-year course open to high school graduates, the comple- tion of which will be accepted in lieu of a license and will entitle one to teach in the district schools and the grades in the small towns for three years without examination. 29. Diplomas. 4. After two years from graduation, upon satisfactory evidence of professional experience and ability to instruct and manage a school, under rules and regulations therefor to be established by said state teach- ers' training board, graduates of any accredited school or department shall be entitled to diplomas to be issued by said accredited school, stating the character and amount of work completed. 30. "Accredited" school. 5. Said state teachers' training board shall grant to each school and department accepting the provisions of this act and agreeing to be bound by the rules and regulations of said board the right to use the word "accredited" as a part of the title or name of such school or department, which right shall be revoked by said board at any time upon the refusal of any such school or department to abide by any rule or regulation of said board. 31. When "accredited" denied. 6. It shall be unlaw- ful for any school or department for normal instruction and the training of teachers which has not accepted the provi- sions of this act or whose authority under this act has been SCHOOL LAW OF IWDLA.NA. 29 revoked to use the word "accredited" as a part of its name or title or to state that such school or department has been accredited. If any officer, employe, agent, owner, or part owner, or instructor or teacher in any school or department for normal instruction and the training of teachers which has not been accredited as provided herein or whose author- ity hereunder has been revoked as herein provided, shall use the word ' ' accredited " as a part of the name or title of such school or department, or shall publish, advertise, an- nounce or say that such school or department is accredited, upon conviction of the same, he shall be fined in any sum of not more than five hundred dollars. 30 SCHOOL LAW OF INDIANA. CHAPTER V. SCHOOL BOOKS. Sec. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. State board of education a board of school book commissioners. Advertise for bids.^ Open bids. May procure manuscripts. State not liable. Governor's proclamation. Trustee's duty. Quarterly reports. Superintendent to enter suit. Superintendent's special bond. Reports to contractors. Sale for more than contract price a mis- demeanor . Embezzlement . Appropriation — Laws repealed. Advertise for bids. Trustees to make requisitions first Mon- day of June . Trustees to acknowledge receipt of books. Books for poor or indigent children. Reports to commissioners and county superintendent. Appropriation. Suit on trustee's bond. County superintendent's special bond. Superintendent's report to contractor. Failure to report — Embezzlement. Books to be uniformly used. Duty ot contractor. Name and price of books on cover. State superintendent's duty. Act supplemental. Contractors to file consent. Sec. 62. Sale to merchants or dealers — Trustee's report. 63. Officers to supply sufficient books. 64. Duty of merchants and dealers. 65. County superintendent to make report. 66. Officers failing to report — Right of action. 67. Failure to report at expiration of term — Embezzlement. 68. Sale for more than contract price a mis- demeanor . 69. Contractors to file consent for revision of books. 70. Author to revise — County and state su- perintendent to scale requisition. 71. Intermediate grammar or language les- sons. 72. State board to meet — Notice. 73. Frequency of revision. 74. Standard of revision — Contractor's bond. 75. Appropriation. 76. New bond. 77. State superintendent's duty . 78. Act supplemental. 79. Reading primer. 80. Price. 81. Old laws applicable. 82. Use in cities of 5,000. 83. Sale of school books. 84. Governor — Proclamation. 85. Sale of school books. 86. Proclamation by governor. 87. Existing contracts. 88. Repeal. 1889, p. 74. Became a law by lapse of time without the Governor's approval, March 2, 1889.] 32. State board of education a board of school book commissioners. 1. The state board of education shall con- stitute a board of commissioners for the purpose of making a selection, or procuring the compilation for use in the common schools of the state of Indiana, of a series of text- books in the following branches of study, namely: Spell- ing, reading, arithmetic, geography, English grammar, physiology, history of the United States, and a graded series of writing books. The matter contained in the read- SCHOOL LAW OF INDLA-NA. 31 ers shall consist of lessons commencing with the simplest expression of the language, and by a regular gradation ad- vancing to and including the highest style of composition both in poetry and prose: Provided, That none of said text- books shall contain anything of a partisan or sectarian character: And, provided further, That the foregoing books shall be at least equal in size and quality as to mat- ter, material, style of binding and mechanical execution, to the following text-books now in general use, namely: The speller to McGuffey's Spelling-book, the reader to Apple- ton's readers, the arithmetic to Eay's new arithmetic se- ries, the geographies to the Eclectic series of geographies, the grammar to Harvey's grammar, the physiology to Dal- ton's physiology, the history of the United States to Thal- heimer's history of the United States, and the writing- books equal to the Eclectic copy-books. (R. S. 1901, § 5853; E. S. 1897, § 6269.) 1. Constitutional. This act is constitutional. It is not void on the ground that it creates a monopoly, nor on the ground that it confers a special privilege. — State v. Haworth, 122 Ind. 462. 2. Choice of books. The legislature has the power to require a designated series of books to be used in the public schools, and to require that the books selected shall be obtained by the school officers from the person to whom the contract for supplying them may be awarded. It may not only prescribe regulations for using the books designated, but it may also declare how the books shall be obtained and distributed. — State v. Haworth, 122 Ind. 462. 33. Advertise for bids. 2. The said board of commis- sioners shall, immediately upon the taking effect of this act, advertise for twenty-one consecutive days in two daily pa- pers published in this state, having the largest circulation, and in one newspaper of general circulation in the cities of New York, Philadelphia, Cincinnati, Chicago and St. Louis, that at a time and place to be fixed by said notice, and not later than six months after the first publication thereof, said board will receive sealed proposals on the following: First. From publishers of school text-books, for furnish- ing books to the school trustees of the state of Indiana for 32 SCHOOL LAW OF INDLiNA. use in the common schools of this state, as provided in this act, for a term of five years, stating specifically in such bid the price at which each book will be furnished, and ac- companying such bid with specimen copies of each and all books proposed to be furnished in such bid. Second. From authors of school text-books, who have manuscripts of books not published, for prices at which they will sell their manuscript, together with the copyright of such books, for use in the public schools of the state of Indiana. Third. From persons who are willing to undertake the compilation of a book or books, or a series of books, as provided for in section one (1) of this act, the prices at which they are willing to undertake such compilation of any or all of such books, to the acceptance and satisfaction of the said board of commissioners: Provided, That any and all bids by publishers, herein provided for, must be ac- companied by a bond in the penal sum of fifty thousand dol- lars, with resident freehold surety, to the acceptance and satisfaction of the governor of this state, conditioned that if any contract be awarded to any bidder hereunder, such bidder will enter into a contract to perform the conditions of his bid to the acceptance and satisfaction of said board: And provided further. That no bid shall be considered un- less the same be accompanied by the affidavit of the bidder that he is in nowise, directly or indirectly, connected with any other publisher or firm who is now bidding for books submitted to such board, nor has any pecuniary interest in any other publisher or firm bidding at the same time, and that he is not a party to any compact, syndicate or other scheme whereby the benefits of competition are denied to the people of this state: And be it further provided. That if any competent author or authors shall compile any one or more books of the first order of excellence, and shall offer the same as a free gift to the people of this state, together with the copyright of the same and the right to manufac- ture and sell such works in the state of Indiana for use in SCHOOL LAW OF lOTDIAI^A. 33 the public schools, it shall be the duty of such board of com- missioners to pay no money for any manuscript or copy- right for such book or books on the subject treated of in the manuscript so donated; and such board shall have the right to reject any and all bids, and at their option such board shall have the right to reject any bid as to a part of such books, and to accept the same as to the residue thereof. (E. S. 1901, § 5854; R. S. 1897, § 6270.) 34. Open bids. 3. It shall be the duty of such board to meet at the time and place mentioned in such notice, and open and examine all sealed proposals received pursuant to the notice provided for in section two (2) of this act, and it shall be the further duty of such board to make a full, complete and thorough investigation of all such bids or proposals, and to ascertain under which of said proposals or propositions the school books could be furnished to the people of this State for use in the common schools at the lowest price, taking into consideration the size and quality, as to matter, material, style of binding, and mechanical ex- ecution of such books: Provided always. That such board shall not, in any case, contract with any author, publisher or publishers, for the furnishing of any book, manuscript, copyright, or books, which shall be sold to patrons, for use in the public schools of this state, at a price above, or in ex- cess of, the following, which prices shall include all cost and charges for the transportation and delivery to the several county school superintendents in this state, namely: for a spelling book, ten (10) cents; for a first reader, ten (10) cents; for a second reader, fifteen (15) cents; for a third reader, twenty-five (25) cents; for a fourth reader, thirty (30) cents; for a fifth reader, forty (40) cents; for an arith- metic, intermediate, thirty-five (35) cents; for an arithme- tic, complete, forty-five (45) cents; for a geography, ele- mentary, thirty (30) cents; for a geography, complete, sev- enty-five (75) cents; for an English grammar, elementary, twenty-five (25) cents: for an English grammar, complete, forty (40) cents; for a physiology, thirty-five (35) cents; 34 SCHOOL LAW OF ustdtatta. for a history of the United States, fifty (50) cents; for copy books, each five (5) cents. (R. S. 1901, § 5855; E. S. 1897, § 6271.) 35. May procure manuscripts. 4. If, upon the exami- nation of such projposals, it shall be the opinion of such board of commissioners that such books can be furnished cheaper to the patrons for use in the common schools in the state, by procuring and causing to be published the manu- script of any or all of such books, it shall be their duty to procure such manuscript and to advertise for sealed pro- posals for publishing the same, in like manner as hereinbe- fore provided and under the same conditions and restric- tions. And such contract may be let for the publication of all of such books, or for any one or more of such books sep- arately; and it shall be the further duty of such board of commissioners to provide in the contract for the publication of any such manuscript for the payment, by the publisher, of the compensation agreed between such board and the author or owner of any such manuscript for such manu- script, together with the cost or expense of copyrighting the same. (R. S. 1901, § 5856; R. S. 1897, § 6272.) 36. State not liable. 5. It shall be a part of the terms and conditions of every contract made in pursuance of this act that the state of Indiana shall not be liable to any con- tractor hereunder for any sum whatever; but that all such contractors shall receive their pay and compensation solely and exclusively from the proceeds of the sale of the books, as provided for in this act. . (R. S. 1901, § 5857; R. S. 1897, § 6273.) 37. Governor's proclamation. 6. As soon as such board shall have entered into any contract for the furnish- ing of books for use in the public schools of this state, pur- suant to the provisions of this act, it shall be the duty of the governor to issue his proclamation announcing such fact to the people of this state. (R. S. 1901, § 5858; R. S. 1897, § 6274.) SCHOOL LAW OF INDIANA. 35 38. Trustee's duty. 7. When such proclamation shall have been duly issued, it shall be the duty of the school trustees of each and every school corporation in this state, within thirty days thereafter, and at such other times as books may be needed for use in the public schools of their respective corporations, to certify to the county superin- tendent of their respective counties the number of school text-books provided for in such contract required by the children for use in the schools of their several school corpo- rations. Such county superintendent shall forthwith make such requisition for books as the schools in the said several counties may require upon the state superintendent of pub- lic instruction J and that said state superintendent of public instruction shall immediately thereafter make a requisi- tion for said books upon the contractor, who shall, within ninety days, ship the books so ordered directly to the county school superintendents of the several counties of this state. Upon the receipt of such books it shall be the duty of such county school superintendents to immediately notify all the school trustees of the school corporations, as shown by the last school enumeration of their counties, of the receipt of such books. It shall then be the duty of such school trus- tees to immediately procure and take charge and custody of all the books assigned to their several school corpora- tions, receipting therefor, to the said county school super- intendent: and, upon the receipt of such books by said school trustees, they shall furnish them, on demand, to the school patrons or school children of their respective cor- porations, at the price fixed therefor by the contract en- tered into between said board of commissioners and said contractor; and it shall be the duty of such school officers to sell books for cash only; and if they shall sell or dispose of any books other than for the cash price thereof, they shall be held personally liable, and liable upon their official bond for the price of such book or books: Provided, That any patron or pupil of any school or schools other than the public schools, and also any child between the ages of six [3] 36 SCHOOL LAW OF INDIANA. and twenty-one years of age, or the parent, guardian or teaclier of snch child, shall have the right to purchase and receive the books, and at the prices herein named, by pay- ment of the cash price thereof to the school superintendent of any county in this state, and it is hereby made his duty to make requisition upon the contractor for any and all books so ordered and paid for by any such person or persons: And, provided further. That nothing in this act shall oper- ate to prevent the state board of education, boards of school trustees or boards of school commissioners, from de- vising means and making arrangements for the sale, ex- change or other disposition of such books as may be owned by the pupils of schools under their charge, at the time of the adoption of books under the provisions of this act. (E. S. 1901, § 5859; E. S. 1897, § 6275.) 39. Quarterly reports. 8. At the expiration of three months after the receipt of such books by the county super- intendent, and every three months thereafter, it shall be the duty of each school trustee receiving and chargeable with books under the provisions of this act, to make a full and complete report to the county superintendent of the number of books sold, and the amount of money received therefor, and the number of books on hand; and at the time of making such report he shall pay over to the county su- perintfendent all moneys received by him or with which he is chargeable, from the sales of books in his hands; which report shall be duly verified by the oath of the party mak- ing it. (E. S. 1901, § 5860; E. S. 1897, § 6276.) 40. Superintendent to enter suit. 9. If, at the expira- tion of ten days from the time required by this act for the making of such report of any school superintendent charge- able with books under this act, any such officer shall have failed, neglected or refused to make such report, or turn over any moneys with which he is chargeable, it shall be the duty of the county school superintendent, within fifteen days, to enter suit upon his official bond for an accounting SCHOOL LAW OF INDLA.NA. 37 and recovery of any moneys due from him on accomit of such books with which he is chargeable ; and all judgments recovered upon such bonds shall include a reasonable attor- ney's fee for the attorney prosecuting such suit; and such judgment shall be without relief from valuation or ap- praisement laws, and shall be without stay of execution. (E. S. 1901, § 5861; R. S. 1897, § 6277.) 41. Superintendent's special bond. 10. It shall be the duty of the several county school superintendents of this state, within thirty days from the issuing of the proclama- tion by the governor, as hereinbefore provided for, and of every county school superintendent hereafter elected, be- fore he enters upon the discharge of his official duties, to enter into a special bond, with at least two freehold sure- ties of such county, payable to the state of Indiana, condi- tioned that they will faithfully and honestly perform all the duties required of them by this act, and account for and pay over all moneys that may come into their hands, pur- suant to the provisions of this act, in a penal sum which shall be equal in amount to one hundred dollars for every one thousand inhabitants of their respective counties as shown by the last census immediately preceding the giving of such bond, to be approved by the board of commission- ers of their respective counties; and upon the failure of any county school superintendent to give such bond, his office shall become immediately vacant, and the board of commissioners of his county shall immediately appoint some competent and suitable person to fill such vacancy for the unexpired term of his office. (E. S. 1901, § 5862; E. S. 1897, § 6278.) 42. Reports to contractor. 11. It shall be the duty of each county school superintendent in this state, within ten days after the quarterly reports of the school trustees, as hereinbefore provided for, to make a full, true, complete and detailed report to the contractor of all books sold by the several school trustees of his countj^, and of the number 38 SCHOOL LAW OF INDIANA. of books in the hands of the trustees of each school corpora- tion, which report shall be accompanied by all cash received by him from the school officers from sales of books by them sold, and which report shall be duly verified by him, and a duplicate thereof shall be filed in the office of the auditor of his county. Upon the failure of any county school superin- tendent to make the report and to transmit the cash, as re- quired by this sectioji, a right of action shall immediately accrue to the contractor against the said school superin- tendent and the sureties upon the bond provided for in this act, for an accounting and for the recovery of any moneys received and not transmitted by him, and for any damages which may have resulted from his neglect or failure to com- ply with the provisions of this act, and any judgment upon any such bond shall include a reasonable fee for the attor- ney prosecuting such suit, and such judgment shall be with- out relief from valuation and appraisement laws, and shall be without stay of execution. (R. S. 1901, § 5863; R. S. 1897, § 6279.) 43. Sale for more than contract price a misdemeanor. 12. Any school trustee charged with the sales of any books under the provisions of this act, who shall directly or indi- rectly demand or receive any money for any book or books in excess of the contract price, as hereinbefore provided, shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall be fined in any sum not less than ten nor more than one hundred dollars, to which may be added im- prisonment in the county jail for a term not exceeding sixty days. (R. S. 1901, § 5864; R. S. 1897, § 6280.) 44. Embezzlement. 13. Any county school superin- tendent or trustee of any township or school corporation in this state who shall fraudulently fail or refuse, at the ex- piration of the term for which he was elected or appointed, or at any time during such term, when legally required by the proper person or authority, to accoimt for and deliver and pay over to such person or persons as may be lawfully SCHOOL LAW OF INDLA.NA. 39 entitled to receive the same, all moneys or school books which may have come into his hands by virtue of the provi- sions of this act, shall be deemed guilty of embezzlement, and upon conviction thereof shall be imprisoned in the state prison for any period not more than five years nor less than one year, and fined in any sum not exceeding one thousand dollars, and rendered incapable of holding any office of trust or profit for any determinate period. (R. S. 1901, § 5865; R. S. 1897, § 6281.) 45. Appropriation — Laws repealed. 14. The sum of one thousand dollars is hereby appropriated out of any funds in the state treasury not otherwise appropriated, for the purpose of paying the cost and expenses incident to the giving of the notices herein provided for, and carrying out the provisions of this act. All laws and parts of laws in conflict with the provisions of this act are hereby repealed. (R. S'. 1901, § 5866; R. S. 1897, § 6282.) [1891, p. 99. Approved and in force March 5, 1891.] 46. Advertise for bids. 1. It shall be the duty of the board of commissioners, for the purpose of securing for use in the common schools of the state of Indiana of a series of text-books as constituted by the act of the general assembly in this section mentioned, to immediately advertise for bids, and to act upon such bids as may be submitted for the fur- nishing for use in the common schools of the state of Indi- ana of a spelling-book, a primary physiology, a more ad- vanced work on physiology and hygiene, an elementary grammar, a complete grammar, and a history of the United States. In advertising for such bids, and in acting upon any bid which may be submitted, such board of commis- sioners shall be governed, as far as possible, by the same terms, conditions and limitations concerning them, and shall require bidders and contractors to comply with all terms, conditions and limitations concerning bidders or contractors, so far as applicable, as are contained in an act 40 SCHOOL LAW OF INDIANA. of the general assembly of Indiana, entitled "An act en- titled an act to create a board of commissioners for the purpose of securing for use in the common schools of the state of Indiana of a series of text-books, defining the duties of certain officers therein named with reference thereto, making appropriations therefor, defining certain, felonies and misdemeanors, providing penalties for the violation of the provisioiiS of said act, repealing all laws in conflict therewith, and declaring an emergency. ' ' Acts of the gen- eral assembly of the state of Indiana, 1889, p. 74: Pro- vided, That the standard of physiologies shall be Hutchin- son's laws of health and Hutchinson's physiology and hy- giene: And provided further, That no bids shall be con- sidered in which the price of a primary physiology shall ex- ceed thirty cents for the volume, or in which a physiology and hygiene shall exceed sixty cents for the volume, or in which a history of the United States shall exceed sixty-five cents for the volume. (R. S. 1901, § 5867; R. S. 1897, § 6283.) 47. Trustees to make requisitions first Monday of June. 2. That it shall be the duty of the township trustees and school boards of the state, severally, on the first Monday of June in each year, and at such intermediate times as the necessity therefor shall exist, after considering the number and kind of adopted books already sold ia the corporation, the number and kind of such books on hand, and ascertain- ing from their teachers or principal and superintendent, as the case may be, the enrollment of scholars in the different classes or grades of the schools of the corporation, to order such quantities of the books which the state has at that time adopted, as may seem to him, or to it, to be necessary for use in the schools of such corporation until the first day of June then next succeeding; the estimate being based upon the information which it is above provided shall be gathered, and on the advice of the county superintendent: Provided. That the total orders for any school year of the books adopted heretofore, and those mentioned in section SCHOOL LAW OF mBIANA. 41 one of this act, shall not exceed the amount of one dollar for each child enumerated for school purposes in the cor- poration: And provided further, That it shall be the duty of the state superintendent to properly scale down any or- der for books which may pass through his hands in case that it shall seem clear to him that such order is for a quan- tity of books in excess of the needs of the corporation dur- ing the period for which such books were ordered. [Jl. S. 1901, § 5868; R. S. 1897, § 6284.) 48. Trustees to acknowledge receipt of books. 3. Whenever an order for the books which the state has adopt- ed, or may adopt, shall have been filled by a contractor wilh the state, and the books delivered to the township trustee or school board making such order, it shall be the duty of such trustee or boards to immediately acknowledge the re- ceipt of such books to the contractor, and also to make a report thereof to the coimty superintendent, and it shall be laAvful for any such trustee or school board to at once make payment for such books to the contractor, through ihe su- perintendent of the county, out of any school funds in ex- cess of the needs of their respective townships or school cor- porations for current expenses, or other special needs, in the hands or control of such trustee or board, aside from the jjrincipal or interest of the common congressional school fund, or the "^^ school revenue for tuition:" Provided, how- ever, That no debt shall ever be contracted, or warrant, or other evidence of indebtedness, ever be issued by a trustee or board on account of a purchase of books : And, provided further. That whenever any books are paid for by any trustee or school board, such trustee or school board shall be liable personally, and liable upon their official bonds, re- spectively, for the preservation, custody and safe keeping of all such books until the same are sold and accounted for, or otherwise disposed of according to law. Whenever a book, paid for as aforesaid, is sold by a trustee or school board, it shall be the duty of such trustee or school board to 42 SCHOOL LAW OF ustdiana. turn the entire proceeds of such sale into the fund, out of which payment was made to the contractor, to reimburse the fund for such advancement. In case a trustee or school board receiving books from a contractor with the state shall not pay for such books, as provided in this section, he, or it, shall make quarterly reports under oath of the sale of such books, accompanied by all cash received therefor, to the county superintendent, for transmission to the contractor, as now provided by law, until such books shall have been fully paid for. The provisions of this section shall apply to all orders heretofore tiled: Provided, That if said trustee or board shall have on hands any books heretofore ordered, for which he, or it, may have no immediate use, the same shall, upon the order of the count^^ superintendent, or the state superiutendent of public instruction, be returned to the contractor, or be shipped to such other point as the con- tractor may direct, the contractor to pay all freight charges on such shipment; and the county supereintendent and such trustee or board shall, thereupon, have credit for such books so returned or shipped. (R. S. 1901, § 5869; R. S. 1897, § 6285.) 49. Books for poor or indigent children. 4. It shall be the duty of each township trustee and each school board to furnish the necessary school books, so far as they have been or may be adopted by the state, to all such poor or in- digent children as may desire to attend the. common schools of his, or its, corporation, as in his, or its, opinion would be otherwise unable to attend such schools: Provided, That no township trustee in this state shall receive an amount ex- ceeding five dollars as compensation for his services in any one year for duties performed in carrying out the provi- sions of this act, or the act to which it is supplemental. (R. S. 1901, §-5870; R. S. 1897, § 6286.) 50. Reports to commissioners and county superintend- ent. 5. When books are fully paid for out of the funds of a school corporation, as provided in section three of this act, SCHOOL LAW OF INDLA-NA. 43 it shall not be necessary for the township trustee or school board of such corporation to make quarterly reports of the sale of the adopted books, but instead thereof a report shall in all cases be made by him, or it, upon oath on the first Monday of August in each year to the county superintend- ent, and like report upon oath shall at the same time be made to the board of commissioners of the county, which reports shall severally state the number and kind of books on hand at last report ; the number and kind sold ; the num- ber then on hand; the disposition of the money received on such sales ; the amount of money used from any school fund in payment for books received; and the condition of such funds. Such reports shall also state the number and kind of books furnished as provided in section four of this act; for the price of which books so furnished the township trus- tee or school board furnishing the same shall have credit. (K S'. 1901, § 5871; R. S. 1897i'§ 6287.) 51. Appropriation. 6. The sum of one thousand dollars is hereby appropriated out of the general fund in the state treasury to enable the board of school commissioners, men- tioned in section one of this act, to advertise for bids as in said section provided. (R. S. 1901, § 5872; R. S. 1897, § 6288.) 52. Suit on trustee's bond. 7. Any township trustee or member of a school board, receiving or being in posses- sion of any moneys which at the end of the next quarter shall be turned over to the county superintendent to pay a contractor for books sold which have not been paid for out of the. funds of the corporation, who shall fail to report the sale of such books at the end of such next quarter, or who shall fail to pay therewith the full proceeds thereof to the county superintendent, or so much thereof as may be neces- sary to fully pay the contractor, shall be liable, after de- mand upon him, to a suit on his official bond, brought on the relation of the county superintendent, whose duty it shall be to bring the action for the amount due from him, and 44 SCHOOL LAW OF INDIANA. damages, if any, and any judgment which shall be rendered in favor of the plaintiff in the action shall contain a reason- able attorney's fee, and shall be payable without relief from valuation or appraisement laws. The same liability upon his bond shall accrue against a township trustee or member of a school board who shall refuse to pay over as in this act required any moneys drawn from the funds of his cor- poration on account of books purchased, or who shall fail to apply all moneys for books sold that have been purchased by the corporation, to the reimbursement of the proper fund. Any judgment rendered against a township trustee, school board, or member of a school board, because of the non-per- formance of any duty, shall include a reasonable fee for the plaintiff's attorney. (R. S. 1901, § 5873; E. S. 1897, § 6289.) 53. County superintendent's special bond. 8. It shall be the duty of each county school sujDerintendent of this state, within thirty days from the taking effect of this act, and of each county school superintendent hereafter elected, before he enters upon the discharge of his official duties, to execute a special bond with at least two freehold sureties of his county, payable to the state of Indiana, conditioned that he will faithfully and honestly perform all the duties re- quired of him by law, and account for and pay over all moneys w^hich may come into his hands pursuant to law, in a penal sum which shall be equal to one hundred dollars for every thousand inhabitants of his county, as shown by the last census immediately preceding the giving of such bond, which bond shall be executed to the approval of the board of commissioners of his county, and upon failure of any county school superintendent to give such bond, his ofiice shall become immediately vacant, and the board of commis- sioners of his county shall immediately appoint some com- petent and suitable person to fill such vacancy for the unex- pired term of his office. (R. S. 1901, § 5874; R. S. 1897, § 6290.) 54. Superintendent's report to contractor. 9. It shall be the duty of such coimty school superintendent within SCHOOL LAW OF INDIANA. 45 ten days after the receipt of any report, or money, from a township trustee or school board, as hereinbefore provided for, to make a full, true, complete and detailed report there- of to the contractor, which report shall be accompanied by all cash received by him from the school officers. The re- port above provided for shall be duly sworn to by the coun- ty superintendent, and a duplicate thereof shall be filed by him in the office of the auditor of his county. Upon the fail- ure of any county school superintendent to make report to the contractor and transmit the cash as required by law, a right of action shall immediately accrue to the contractor against the said county school superintendent, and the sure- ties upon his bond provided for in this act, for an account- ing and for the recovery of any moneys received and not transmitted by him, and for any damages which may have resulted from his neglect or failure to comply with the pro- visions of this act, and any judgment upon any such bond shall include a reasonable fee for the attorney prosecuting such suit, and such judgment shall be without relief from valuation or appraisement laws, and shall be without stay of execution. (R, S. 1901, § 5875; R. S. 1897, § 6291.) 55. Failure to report — Embezzlement. 10. Any coun- ty school superintendent, or trustee of any township, or member of any school board in this state, who shall fraudu- lently fail or refuse, at the expiration of the term for which he was elected or appointed, or at any time during such term, when legally required by the proper person or au- thority to account for and deliver and pay over to such per- son or persons as may be lawfully entitled to receive the same, all moneys or school books which may come into his hands by virtue of the provisions of law, shall be deemed guilty of embezzlement, and upon conviction thereof shall be imprisoned in the state prison not more than five nor less than one year, and fined in any sum not exceeding one thou- sand dollars, and rendered incapable of holding any office of trust or profit for any determinate period. (R, S. 1901^ § 5876; R. S. 1897, § 6292.) 46 SCHOOL LAW OF INDIANA, 56. Books to be uniformly used. 11. The books which have been, or may hereafter be, adopted by the state of In- diana for use in its common schools by virtue of this act, or the act mentioned in section one hereof, shall be uniformly used in all the common schools of the state, in teaching the branches of learning treated of in such books, and it shall be the duty of the proper school officers and authorities to use in such schools such books for teaching the subjects treated in them. (R. S. 1901, § 5S77; R. S. 1897, § 6293.) 57. Duty of contractor. 12. It shall be the duty of any person or persons, firm or corporation, who shall hereafter furnish and supply books under the provisions of this act, or under the provisions of the act of 1889, title whereof is set out in the first section of this act, to ship to and notify the consignee of such shipment, and deliver the books or- dered by the various county superintendents, at such rail- way stations as may be most convenient for the various township trustees or school boards in the several counties to receive the same as may be directed by the said county superintendent. And in preparing such books for such shipment, it shall be the duty of every such contractor to wrap each several kind of books by themselves in packages of not to exceed five or ten books, according to their size, each such package to be securely wrapped in good substan- tial paper of sufficient weight to protect the books enclosed therein, and to be closed at each end thereof, and each pack- age to have plainly and clearly marked or printed on the outside thereof the kind and number of books contained therein, and as many of such packages shall be enclosed in large packages or boxes as may be safe and convenient for shipment. And upon the receipt of such books it shall be the duty of each township trustee or school board to care- fully care for and protect such books until sold, and to pre- serve the same in the original packages in which they are wrapped without opening, until all copies of the same books heretofore received by him or it have been sold, and there- after not to open any such package until all copies con- SCHOOL LAW OF INDIANA. 47 tained in packages previously opened have been sold : Pro- vided, K, upon the opening of any snch package, any town- ship trustee or school board shall discover that any of the books therein contained have been damaged, or are defec- tive at the time of their receipt by him, or it, so as to be unsalable, he, or it, shall not be required to offer the same for sale, but in such event, he, or it, shall immediately notify the county superintendent of such damaged or de- fective book or books, who shall immediately thereafter give notice thereof to the contractor furnishing the same, and thereafter such damaged or defective book or books shall be subject to the order of the contractor. (R. S. 1901, §5878; E. S. 1897, §6294.) 58. Name and price of books on cover. 13. It shall be the duty of any person or persons, firm or corporation who may hereafter furnish and supply books under the provi- sions of this statute, or of the act of 1889, the title whereof is set out in the first section of this act, to print in large let- ters upon the outside of the first cover of each book so fur- nished and supplied by him or them, the name of the adopt- ed book, and upon the outside of the back cover the price at which such book is furnished to be sold to pupils, under such contract, and it shall be the duty of all county superin- tendents, township trustees, and other school officers and school teachers, to see that all books so furnished to pu- pils, and bought by pupils for use in the schools of the state shall bear such imprint: Provided, This section shall not apply to copy books. (R. S. 1901, § 5879; R. S. 1897, § 6295. 59. State superintendent's duty. 14. It shall be the duty of the superintendent of public instruction to cause to be printed, at the expense of the printing fund, and to send to each of the county superintendents, as soon as possible after the passage thereof, a sufficient number of copies of this act to provide such superintendent and each township trustee and each member of the school board in such county with one copy of such act. Each county superintendent 48 SCHOOL LAW OF INDIANA. shall, at once, upon the receipt of the copies intended for his county, mail, or otherwise deliver, to each township trustee and member of a school board in his county a copy of this act. (R. S. 1901, § 5880; R. S. 1897, § 6296.) 60. Act supplemental. 15. Nothing in this act shall be construed to in anywise aifect the act mentioned in section one of this act. and the two acts shall be regarded as each supplementing the other, except where this act shall pro- vide a different procedure from the first act, in which case the provisions of this act shall govern. Nothing in this act shall be construed as affecting or impairing any contract right secured by any contractor under the act mentioned in section one of this act, but all such contracts are hereby de- clared to be, and are hereby made, binding upon the state to the same extent as they would have been had this act not been passed. (R. S. 1901, § 5881; R. S. 1897, § 6297.) [1893, p. 165. Approved and in force March 1, 1893. 61. Contractors to file consent. 1. Whenever the con- tractors, or either of them, to the extent that they might be affected in their contract rights under prior laws, to wit: An act entitled ''An act entitled an act to create a board of commissioners for the purpose of securing, for use in the common schools of the State of Indiana, of a series of text books, defining the duties of certain officers therein named with reference thereto, making appropriations therefor, de- fining certain felonies and misdemeanors, providing penal- ties for the violation of the provisions of said act, 'repealing all laws in conflict therewith and declaring an emergency,' " passed by the general assembly of the state of Indiana in the year 1889, and published on page 74 of the acts of 1889; and an act supplemental thereto and upon the same general subject, approved March 5, .1891, shall have filed with the state superintendent of public instruction an agreement in writing, duly executed by them, or either of them separate- ly, consenting to the operation of this act, as affecting the SCHOOL LAW OF INDIANA. 49 sale of school books furnished by them, under contract with the state pursuant to the provisions of existing laws, it shall then be lawful for, and it is hereby made the duty of, the to^vnsliip trustees and school boards of this state, to sell, for cash, to all merchants and dealers who may ap- ply therefor, and in such quantities as they may require, a sufficient number of adopted school books, furnished by the contractor or contractors, so consenting, to supply all de- mands of school patrons and pupils attending the common schools and residing in their immediate neighborhoods, re- spectively; which books shall, in no event, be sold to school patrons or pupils, by such merchants or dealers, at a price in excess of the price fixed in the contract for such books be- tween the state board of school book commissioners and such contractor. In making such sales, the township trus- tee and school boards shall be authorized, and it is hereby made their duty to deduct ten per cent, from the contract price at which such Dooks are required by law to be sold to the school patrons and school children of the state, to com- pensate the dealer for handling and selling such books; one- half of which deduction shall be borne by the contractor and one-half thereof by such school corporation. And here- after no adopted books shall be delivered or sold to mer- chants or dealers by any county school superintendent, township trustee or school board, except upon the terms and conditions hereinbefore specified. (R. S. 1901, § 5882; R. S. 1897, § 6298.) 62. Sale to merchants or dealers — Trustee's report. 2. When sale shall be made of any books by any township trustee or school board to any merchant or dealer, pur- suant to the provisions of section one of this act, it shall be the duty of such trustee or school board, at the end of such calendar month, to make a report thereof to the county school superintendent of the number and kind of books sold, and the amount of money received therefor, and the num- ber and kind of books on hand; and at the time of making such report to pay over to the county school superintend- 50 SCHOOL LAW OF INDIANA. ent all money received by him or them from any such sale or sales; at the time of making such report such trustee or school board shall also pay to such superintendent, for transmission to the contractor, the one-half of the amount of the deduction in the price of the books so sold, which last amount shall be paid out of and charged to the special school fund of such school corporation; and for such amount the said trustee or school board shall take the receipt of such superintendent. And in their reports to and settle- ments thereafter made with the board of commissioners of their respective counties, the said trustees and school boards shall be entitled to f^ill credit for the money so paid out of said fund when such superintendent's receipt is ten- dered and filed with such reports: Provided, That when- ever any township trustee or school board shall have sold all books ordered by him or them, or in his or their hands for sale to merchants or dealers, as herein provided, they shall not be required to make quarterly reports, as now provided by law. (R. S. 1901, § 5883; R. S. 1897, § 6299.) 63. Officers to supply sufficient books. 3. It shall be the duty of county school superintendents, township trus- tees and school boards to see that at all times there are sufficient number of books on hand, either in the hands of such superintendents, trustees or school boards respectively, or in the hands of the dealers in the different neighborhoods of their respective school corporations, to supply the pa- trons and pupils of the common schools with all needed books; and nothing in this act shall be construed so as to re- lieve them from any of the duties now imposed by law in this respect. (R. S. 1901, § 5884; R. S. 1897, § 6300.) 64. — Duty of merchants and dealers. 4. It shall be the duty of all merchants or dealers who may be supplied with books by virtue of the provisions of this act to furnish the township trustee or school board of whom such books may have been purchased and received with a detailed state- ment of the number of books of each kind on hand on the SCHOOL LAW OF INDIANA. 51 fifteenth day of May of each year, and at such other times during the year as the same may be called for by such trus- tee or school board; and any merchant or dealer who shall refuse for the period of five days after request to do so, by any trustee or school board entitled to receive the same, to furnish such statement as above provided, shall not be en- titled thereafter to purchase or sell any school books under the provisions of this act. And upon the receipt of any such report it shall be the dut}^ of such trustee or school board to forthwith transmit a copy thereof to the county school superintendent, who shall, within ten days after the receipt of any such report, transmit a copy thereof to the contractor, for which reports the contractor shall furnish the necessary blanks. (R. S. 1901, § 5885; R. S. 1897, § 6301.) 65. — County superintendent to make report. 5. It shall be the duty of each county school superintendent in this state, within ten days after receiving any report or money on account of the sale of any books, from any trustee or school board of his county, as hereinbefore provided, to make a full, true and verified report to the contractor of the number and kind of books so sold by the several town- ship trustees or school boards of his county, and of the number and kind of books on hands with the said school officers and himself, which report shall be accompanied by all cash received by him from such trustees or school boards on account of such sales; and he shall file a duplicate there- of in the office of the auditor of his county. The necessary blanks for which reports shall be furnished by the contract- or. (R. S. 1901, § 5886; R. S. 1897, § 6302.) 66. Officers failing to report — Right of action. 6. Upon failure of any township trustee, school board or coun- ty school superintendent to perform any duty or to make re- port of any cash received by him or them, as reauired by the provisions of this act, a right of action shall immediate- ly accrue to the contractor against the said officer so in de- r4] 52 SCHOOL LAW OF INDIANA. fault, and the sureties upon his official bond, for an account- ing and for the recovery of any money received and not transmitted by him or them, and for any damage which may have resulted from his or their neglect or failure to comply with the provisions of this act; and any judgment in favor of the contractor in any such action shall include a reasonable fee for the attorney prosecuting the suit, and such judgment shall be collectible without relief from valu- ation and appraisement laws, and shall be without stay of execution. (R. S. 1901, § 5887; R. S. 189Z, § 6303.) 67. Failure to report at expiration of term — Embezzle- ment. 7. Any county school superintendent, township trustee or member of any school board of this state who shall fraudulently fail or refuse, at the expiration of the term for which he was elected or appointed, or at any time during such term, when legally required by the proper per- son or authority, to account for and pay over to such per- son or persons as may be lawfully entitled to receive the same, all money or school books not previously accounted for, which may have come into his hands by virtue of the provisions of this act, shall be deemed guilty of embezzle- ment, and upon conviction thereof, shall be imprisoned in the state prison not more than five years nor less than one year, and fined in any sum not exceeding one thousand dol- lars and rendered incapable of holding any office of trust or profit for any determinate period. (R. S. 1901, § 5888; R. S. 1897, § 6304.) 68. Sale for more than contract price a misdemeanor. 8. Any merchant or dealer who shall knowingly or willfully charge, receive, collect or attempt to charge or collect, for any school book or books by him sold to any school patron or pupil, any sum in excess of the price at which such book or books are required to be sold by law, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be imprisoned in the county jail not more than six months nor less than thirty days, and fined in any sum not exceed- SCHOOL LAW OF utoiana. 53 ing five hundred dollars. (R. S. 1901, § 5889; R. S. 1897, § 6305.) 69. Contractors to file consent for revision of books. 9. Whenever the contractors for furnishing books for use in the common schools, under the provisions of existing laws hereinbefore speciiied, shall have filed with the state super- intendent of public instruction their consent, in writing, to the revision or the introduction of an intermediate book, as hereinafter provided, duly executed by them, and the state board of school book commissioners shall determine that a revision is needed of any or all of the books in use in the common schools under contract made pursuant to law, or that an intermediate grammar or language lessons is need- ed, then it shall be lawful for the state board of school book commissioners to order a revision to be made of any or all of such books as in their judgment may be found necessary for the welfare of the common schools of the state, in the manner and under the conditions following: The said board of school book commissioners shall select a competent author or authors to perform the work of re- vision of the subject-matter of such book or books so or- dered to be revised. The entire cost of such revision, in- cluding the manuscript, illustrations, engravings, maps and plates therefor, shall be paid by the contractor or contract- ors who may at the time of such revision be required to fur- nish such book or books under their contra'ct with the state. The cost and expense, however, of such revision shall first be agreed upon by the state board of school book commis- sioners and the contractor or contractors before such work of revision is commenced: Provided, If said board and contractor or contractors shall, for a period of sixty days after an estimate of the cost of any proposed revision has been furnished by such state board to the contractor, be un- alDle to agree upon an amount, which in the opinion of such state board would be necessary to cover the cost of any such revision, then the said state board may advertise for bids from publishers of school books for furnishing any 54 SCHOOL LAW OF INDIANA. siicli book or books, the cost of revision of which could not be agreed upon; and in such advertisement, selecting and contracting for such book or books, the said board shall be governed by the provisions of laws now in force respecting such matters. (R. S. 1901, § 5890; R. S. 1897, § 6306.) 70- Author to revise — County and state superintendent to scale requisition. 10. Whenever the revision of any book, or series of books, shall be determined upon by the state board of school book commissioners, and they shall have contracted with an author or authors to furnish the manuscript for such revision, sufficient time shall be given to the author in which to perform the work of revising the subject matter of such books to the acceptance and satis- faction of such board, and when the revision of the subject matter of any such book is completed by the author and the manuscript thereof furnished to the contractor, at least six months ' time shall be given the contractor in which to make the necessary illustrations, engravings, maps and plates, manufacture and ship the books to the various school cor- porations of the state before any such contractor shall be required to furnish any such book, or series of books, so re- vised for use in the schools of the state under his contract. And no new book, or revised book, or series of books, shall be introduced for use in the schools- of the state, at any time, by virtue of the provisions of this act, until the state board of school book commissioners shall have given notice to the county superintendents, township trustees and school boards of the state, by printed notice mailed to each of said school officers, last above named, at least twelve months in advance of the time when such book, or series of books, are to be used in the public schools, and like notice shall be giv- en by said county superintendents, trustees and school boards to all merchants and dealers in their respective school corporations, who may be selling the adopted books. And it shall be the duty of the state superintendent of public instruction and the county superintendents of each county to scale down to the minimum number all requisitions for SCHOOL LAW OF INDIANA. 55 school books, which may be made after such notice is given, thereby enabling all township trustees, school boards, and dealers, to dispose of the stock of books in their hands ; but no dealer shall buy or carry on hand, at any time, more books than are actual] y needed to supply the demands there- for, for the purpose, or with the intent, of preventing the introduction of any new or revised book, according to the spirit of this act. And for the purpose of enabling the state superintendent of public instruction to determine when any requisitions should be scaled down in anticipation of the expiration of any existing contract, it shall be the duty of the contractor to furnish to said state superintendent a copy of the quarterly verified reports made by county su- perintendents to the contractor, giving the number and kind of books on hand with the various dealers and town- ship trustees and school boards of their respective counties; and at the expiration of such notice such book or books shall only be required to be introduced in the schools as new classes in the study of such branches are being formed, and all classes in such study, or studies, who, at the time of the expiration of the term of such notice, shall have pur- chased books for use in such classes, shall be allowed time to complete such books before being compelled to buy new or revised books. And at the expiration of any contract now in existence, or which may hereafter be made by the state board of school book commissioners, for furnishing books for use in the common schools of the state of Indiana, the books then in use in the common schools of this state under such contract or contracts shall be continued in use therein at the same price and upon the same terms and con- ditions until such time or times as the state board of school book commissioners shall determine that a revision thereof is necessary for the best interests of the schools, when such revision shall be made, or a new book contracted for and introduced for use in the schools as hereinbefoif^ specified: Provided, That, at the expiration of any such contract, the state board of school book commissioners shall require such 56 SCHOOL LAW OF INDIANA. contractor or contractors furnishing snch books to execute a new bond, conditioned that they will continue to execute such contract in all regards as they had theretofore exe- cuted the original contract: Provided, further, That noth- ing herein contained shall be construed as restraining or preventing said state board of school book commissioners, after any such school book, or any such revised book,, shall have been in use in the schools of the state for a period of five years, from proposing to the contractor furnishing the same, such reduction in the price at which such book or re- vised book shall be continued in use in the schools for the next ensuing five years, as, in the judgment of said board, may seem reasonable. If such contractor shall accede to such proposed reduction, then the price of such book or re- vised book shall, for such ensuing period of five years, be fixed at the original contract price thereof, less the amount of the reduction so agreed upon, and such price shall be printed on the back of said book, as now required by law. In event said contractor shall not be willing to accede to such terms, the said board may appoint a disinterested per- son, conversant with such matters, and require the said con- tractor to select another such person, and the two so chosen shall select a third, and, thereupon, the three so chosen shall inquire into and consider what, if any, reduction ought to be made in the price at which such book or revised book should be furnished for use in the schools of the state for the next ensuing period of five years, and if they shall deter- mine that any such reduction ought to be made, they shall fix the amount of such reduction, and shall certify to the said board and to such contractor their determination in that behalf, and thereupon, if said contractor shall accede to the price thus arrived at, the price of said book for the next ensuing five years shall be fixed at that sum, and the same shall be printed on the back of such books, as now pro- vided by law, and said contractor shall be required to fur- nish the same at such price; but otherwise, in all regards under the provisions of this act and acts to which it is sup- SCHOOL LAW OF rNDLA^NA. 57 plemental. But if such contractor shall decline to accede to such price thus arrived at, then such board shall have the right, in their discretion, to proceed to advertise for bids to furnish a book in the place thereof; and, in so doing, and in all subsequent steps therein, they shall proceed in accord- ance with the provisions of this act and of the acts to which it is supplemental : iind, provided further. That nothing in this act contained shall be construed to prevent the state board of school book commissioners from exercising their discretion in deciding whether they shall order any of the books already in use under contract to be revised, or wheth- er, instead, they shall advertise for books to be adopted in- stead of said books already in use. (R. S. 1901, § 5891; E. S. 1897, § 6307.) 71. Intermediate grammar or language lessons. 11. If, in the opinion of the state board of school book commis- sioners, an intermediate grammar or language lessons is needed for the better teaching of such branch of study, in- stead of a revision of' the series of grammars now in use, it shall then be lawful for such board to provide for such in- termediate book, and for that purpose shall proceed, as now provided by law, to advertise for proposals to furnish such book, requiring bond in such sum as they deem sufficient to insure the compliance with such proposals, consider such proposals and contract for such book: Provided, however. That such intermediate grammar shall be equal in quality as to material, style of binding and mechanical execution to Long's Lessons in English, and in subject matter shall embrace not less than 110 pages, and shall be adapted to follow in sequence to that of the language lessons book of said series now in use, and to be properly introductory to the matter contained in the complete book of the series as now adopted; and if revision of the grammar now in use should be determined upon by the state board of school book commissioners, then such modification shall be made of each or either of the books now constituting said course in grammar as shall adapt them more perfectly to use in the 58 SCHOOL LAW OF INDIANA. same series, and as shall cover more perfectly the entire subject matter necessary to a complete education in this branch of learning. And said intermediate grammars shall not be sold to patrons or pupils of the public schools of this state at a price above or in excess of twenty cents each. (E. S. 1901, § 5892 ; E. S. 1897, § 6308.) 72. State board to meet — Notice. 12. For the purpose of determining what book or books, if any, may need revi- sion, or whether an intermediate grammar is needed, the state board of school book commissioners shall meet on the first Monday of April, 1893, and shall then and there make such inquiry and examination of books then in use under contract with the state as shall enable them to determine upon the propriety of ordering any such revision or inter- mediate book or language lessons. And such board shall, within sixty days thereafter, determine and give notice to the contractors of any and all revisions that shall be re- quired to be made before the time of the expiration of the existing contract for any such book or books. (E. S. 1901, §5893; E. S. 1897, §6309.) [1905, p. 163. Approved and in force March 4, 1905.] 73. Frequency of revision. 13. In no case shall any re- vision be required of any book or books used in the com- mon schools of this state of tener than once in every ten years, except copy books, histories and geographies, and all contracts for furnishing said books except histories, copy books and geographies, shall be for a period of ten years, and contracts for furnishing histories, copy books and geog- raphies shall be for a period of five years : Provided, That this act shall not be construed to extend or affect any exist- ing contract: " And, provided further. That the state board of school book commissioners shall have the right, by a vote of two-thirds of its members, to cancel the contract for the use of any school book at the expiration of five years, if satisfied that the use of said book would not be for the best interests of the schools of the state. SCHOOL LAW OF INDIANA. 59 [1893, p. 165. Approved and in force March 1, 1893.] 74. — Standard of revision — Contractor's bond. 14. Whenever any book or series of books shall be revised by order of the state board of school commissioners such book or books when completed and ready for use in the schools, shall be equal in every respect to the standard now fixed by law, as to subject matter, material, style of binding, and mechanical execution. And said state board, when con- tracting for any such revision, shall require the contractor or contractors to enter into a written agreement for the fur- nishing of such books, and to execute bond with resident freehold sureties to the acceptance of the governor of this state for the faithful compliance with their contract, such bond to be in such amount as said board shall deem suffi- cient for the purposes contemplated. (E. S. 1901, § 5895; R.S. 1897, §6311.) 75. Appropriation. 15. The sum of one thousand dol- lars is hereby appropriated out of any funds in the state treasury not otherwise appropriated for the purpose of pay- ing costs and expenses incident to the giving of notices herein provided for by said state board of school book com- missioners, and to pay the expenses of the state superin- tendent of public instruction incurred in the distribution of this act, and of the acts to which this is supplemental, as herein required, and to carry out the provisions of this act. (R. S. 1901, § 5896: R. S. 1897, § 6312.) 76. New bond. 16. If at any time the state board of school book commissioners shall find that the bond of any contractor, contracting to furnish books for use in the com- mon schools of the state of Indiana, under this act, or the acts to which it is supplemental, has become insufficient to secure the faithful performance of such contract, or from any other reason become inoperative, they shall have the right to require such contractor to execute a new and suffi- cient bond to secure the faithful execution of such contract. And upon failure of any such contractor to furnish such 60 SCHOOL LAW OF INDIANA. new bond within thirty days after being so required by said board, the said board shall give notice thereof to the attor- ney-general of the state of Indiana, who shall immediately upon receipt of such notice bring suit to procure the cancel- lation of such contract of such contractor so refusing. And service of summons in such cause upon the agent of such contractor in the state of Indiana shall be deemed and held to be sufficient service upon the contractor; and in such case the attorney-general shall receive a reasonable fee for the prosecuting of such action. (R. S. 1901, § 5897; R. S. 1897, § 6313.) 77. Stats superintendent's duty. 17. It shall be the duty of the state superintendent of public instruction, im- mediately upon the passage of this act, to cause to be print- ed a sufficient number of copies thereof, as well also of the acts referred to in the first section hereof, to furnish each county superintendent, school trustee and member of school boards in the state of Indiana, with one copy thereof, and promptly to distribute the same to such school officers through the county superintendents. (R. S. 1901, § 5898; R. S. 1897, § 6314. 78. Act supplemental. 18. This act shall be construed as supplementary to the acts referred to in the first section hereof, and said former acts are continued in full force and effect, except so far as modified by the provisions of this act. (R. S. 1901, § 5899; R. S. 1897, § 6315.) 1. Appropriation. Iu 1899 $1,000 was appropriated to carry out the provisions of the school book law. Acts 1899, p. 25. In 1901 $1,000 was appropriated annually. In 1903 $1,000 was appropriated. Acts 1903, p. 37(5. [Acts 1903, p. 117. Approved February 28, 1903. In force April 23, 1903.] 79. Reading Primer. 1. The state board of school book commissioners is hereby authorized to secure and adopt a school reading primer to be used in the public schools of Indiana, and to precede the readers now authorized by law to be adopted by said board. SCHOOL LAW OF INDLAIJA. 61 80. Price, 2. The contract price of said primer to pu- pils in the schools of the state shall not exceed ten cents per copy. . 81. Old laws applicable. 3. All laws and parts of laws now in force and relating to contracts, manner of adopting, revisions, bonds, notices and records, or otherwise referring to the selecting, contracting, handling and nse of text-books for use in the public schools of Indiana, shall guide and control the state board of school commissioners and other school officers in the discharge of their duties in the selec- tion, adoption, handling and use of said school reading primer. 82. Use in cities of 5,000. 4. The use of any school reading primer adopted as herein provided shall be optional with school boards in cities having a population exceeding five thousand inhabitants. 11907, p. 586. Approved March 12, 1907. In force April 10, 1907.] 85. Sale of school books. 1. On and after the taking effect of this act every contract made by the state board of education as a state board of school book commissioners for furnishing school books shall provide that the county super- intendent of schools in each county of the state shall ap- point some dealer or merchant within the county to act as a depository for the sale and distribution of school books con- tracted for by such board of school book commissioners, and he shall contract with said dealer or merchant to carry a sufficient supply of said adopted books to supply the trade in the county, and to sell the same at contract price, ex- cept to other dealers and merchants within the county, to whom he shall sell the books for cash at a discount of 10 per cent, from the contract price. The said depository merchant or dealer shall also contract with said county superintendent to furnish to each publisher holding a con- tract with the state of Indiana under this act, satisfactory evidence of his financial responsibility, or furnish a surety bond covering the estimated amount of sales to be made by 62 SCHOOL LAW OF INDIANA. him in any year, whereupon the said contractor or pub- lisher shall sell to said dealer all books ordered by him at a discount of 15 per cent, from the contract price: Pro- vided, That said school book depository shall pay cash to the contractor or publisher for all books received withiif sixty days of the date of shipment of such books : Provided, That the contractor shall pay all transportation charges to the nearest railroad or river station to said depository. It shall be the duty of said depository annually in July to ascertain from the county superintendent and local dealers the probable number of books that will be needed to supply the schools for the ensuing year, and upon receipt of this information he shall order said books on or before the first day of August in each year; and upon the receipt of such books he shall immediately notify the local dealers and merchants, desirous of handling such books. 86. Proclamation by governor. 2. Upon the expira- tion of the last contract for school books now in force, the governor shall make proclamation that it is no longer the duty of school officers to deal in school books, a copy of which proclamation shall be mailed by the state superin- tendent of public instruction to each county superintendent throughout the state ; and from and after such proclamation it shall be unlawful for any school officer, trustee, commis- sioner or superintendent to deal in school books in his official capacity, and no part of the expense of dealing in such books shall be borne by any school officer or corpora- tion. 87. Existing contracts. 3. Nothing in this act shall prevent those who now hold contracts with the state of In- diana for furnishing school books from taking advantage of this act before the expiration of such contracts, and when any contractor shall so elect he shall immediately notify the state superintendent of public instruction, who shall SCHOOL LAW OF INDIANA. 63 notify all coimty school book depositories that thereafter their orders shall include the books so transferred. 88. Repeal. 4. All laws and parts of laws in conflict herewith are hereby repealed. SCHOOL LAW OF INDIANA. 65 CHAPTER VI. COUNTY SUPERINTENDENT. Sec. Sec. 89. County superintendent. 105. Issuance and record of success state- 90. Eligibility. ment. 91. Per diem for services. 106. Appeal from statement. 92. Repeal. 107. Certificate from other state. 93. Impeachment. 108. Examination for graduation. 94. Office — Supplies — Compensation . 109. General duties. 95. Shall examine teachers. 110. When must enumerate. 96. May revoke license. 111. Cities exempt. 97. Traffic in examination questions. 112. Annual reports. 98. Examinations — License. 113. Apportionment — Report. 99. Record book — -Report to State super- 114. Compensation. intendent. 115. Duty as to apportionment. 100. State license. 116. Duty as to school fund. 101. Exemption from examination. 117. Interest in private school, can not 102. Record of examination. have. 103. Items for success grades. 118. Penalty. 104. Superintendents furnish items. 119. Duty of prosecuting attorney. [1899 p. 240 Approved and in force March 3, 1899.] 89. County superintendent. 1. The township trustees of each county in this state shall meet at the office of the auditor of their county on the first Monday of June, 1899, at 10 o'clock a. m., and every four years thereafter, and elect by ballot a county superintendent for their county. Such county superintendent, unless sooner removed, shall hold his office until his successor is elected and qualified. Before entering upon the duties of his office he shall sub- scribe and take an oath to perform faithfully such duties according to law, which oath shall be filed with the county auditor. He shall also execute a bond, with freehold security, to the approval of the county auditor, payable to the state of Indiana, in the penal sum of five thousand dol- lars, conditioned upon the faithful discharge of his duties according to the law, and faithfully to acount for and pay over to the proper persons all moneys and property in con- nection with his duties under the text-book law which may come into his hands by virtue of such office. As soon as such bond be filed, the coimty auditor shall report the name and postoffice address of the person so elected to the state 66 SCHOOL LAW OF INDIAlSrA. superintendent of public instruction. "Whenever a vacancy may occur in the office of county superintendent, the said township trustees, on at least three days' notice given by the county auditor, shall assemble at 10 o'clock a. m. on the day designated in such notice at the office of such auditor, and fill such vacancy by ballot for the unexpired term. *In all elections of a county superintendent the county auditor shall be clerk of such election, and in case of a tie vote the auditor shall cast the deciding vote. Such auditor shall keep a record of such election in a book kept for that purpose. (R. S. 1901, § 5900.) 1. Amendments void. The act of March 9, 1875 (Acts 1875, p. 131), attempting to amend this section, and §§84 and 92, is unconstitutional and void. — Board v. Smith, 52 Ind. 420 ; State v. Harrison, 67 Ind. 71 ; liliewise in the attempted amendment of 1895 (Acts 1895, p. 208), Boring v. State, 141 Ind. 640. 2. Quorum for appointment. The county auditor, not being a mem- ber of the body, can not be counted in determining w^hether or not a quorum is present. An election by less than a quorum is void. — State v. Porter, 113 Ind. 79 ; State v. Edwards, 114 Ind. 581. 3. Meeting of trustees. The trustees may be compelled by manda- mus to meet and elect a counts'^ superintendent, but they can not be com- pelled to elect a particular person to the office. If they fail to meet on the proper day, they may thereafter meet and elect such officer. — Wampler V. State, 148 Ind. 557 ; Sacket v. State, 74 Ind. 486. State v. Harrison, 67 Ind. 71, is overruled by Wampler's case. 4. Mode of election. The auditor has a right to act as the clerk of the board of election, keep a record of the same, and give the casting vote in case of a tie. The auditor's declaring a person elected does not amount to anything ; he has no right to make such declaration. It is the duty of the board of trustees to do that, and until they finally settle the matter a member has a right to vote. — State v. Kilroy, 86 Ind. 118. 5. Who eligible. To be elegible to the county superintendency a person must be a bona fide resident and elector of the county. — R. S. 1881, § 154 ; R. S. 1901, § 154 ; R. S. 1897, § 154. See also § 90. 6. Disputed election. The qualifying of the appointee consists in the execution and acceptance of the required bond, and taking and subscrib- ing the oath of office. A person who has received the certificate of appoint- ment and taken the above action is county superintendent, at least de facto. If the validitj-' of the appointment is disputed, the right to the office may be tested by a writ of quo warranto against one of the claimants. 7. Judicial notice. Courts take judicial notice of the year in which county superintendents are to be elected. — "Wampler v. State, 148 Ind. 557. 8. Length of term. A county superintendent, properly elected and SCHOOL LAW OF INDIANA. 67 qualified, holds his office until his successor is elected and qualified. — State V. Sutton, 99 Ind. 300. 9. Record of election". The record of a superintendent's election, made by the county auditor, is prima facie correct, and is prima facie evi- dence of such election. — State v. Sutton, 99 Ind. 300, 10. Election by ballot. In a suit regarding the validity of an elec- tion the ballots are the best evidence, but when they have been lost, it is proper for the jury or court to consider the testimony of trustees who cast the ballots, and of those who counted them and announced the result. — State v. SuttoR, 99 Ind. 300. IJ. Acquiescence in election. Where the trustees agreed that the election should be by ballot, adhered to that mode throughout, and at the time the result Avas announced supposed the result was correctly an- nounced, it was decided by the court that an adjournment without an ob- jection was not an acquiescence in the result, and that such action did not amount to an acquiescence in the result. — State v. Sutton, 99 Ind. 300. Without, however, regard to whether the votes of a majority of all the school trustees are necessary to the valid appointment of a county super- intendent, where such trustees recognize the appointment as valid, and the appointee qualifies and enters upon the duties of the office with the acqui- escence ©f all others, he may compel his predecessor to deliver the records of the office to him,— McGee v. State, 103 Ind, 444, 12. Mandamus. Mandamus is the proper remedy to compel a super- intendent to turn over the records and furniture of the office to his suc- cessor, — McGee v. State, 103 Ind. 444. 13. Resignation. Where, without notice of the withdrawal of a resignation previously made, the time arrives for it to take effect, and a successor to the incumbent is duly appointed, no formal acceptance of such resignation is necessary to deprive such incumbent of title to the office. — McGee v. State, 103 Ind. 444. 14. Regularity of appointment. One can not contest the regularitj^ of the appointment of a successor, who has become invested with an ap- parent title, by refusing to surrender the records of the office. — McGee v. State, 103 Itid. 4M. 15. Trustees present and not voting. There were eight trustees, all there were in the county, present. Four voted for A, and the other four declined to vote. The chairman announced that the vote was a tie, and the auditor then voted for A, and the chairman declared him elected. A qualified and demanded the office. It was decided that he was duly elected ; that there was a quorum present ; that he received the votes of all those present and voting, which was a majority of the number necessary to con- stitute a quorum, and that he received the necessary number without the vote of the auditor, who would only be entitled to vote in case of a tie. — State V. Dillon, 325 Ind. 65, 16. Auditor voting. Township trustees met at the time required by statute; several ineffectual votes were taken, and on the last ballot one- half of the trustees voted for E, and the others voted blanks. A resolu- tion was then offered declaring that E be appointed. The vote on this [5] 68 SCHOOL LAW OF INDIATiTA. resolution was evenly divided for and against it. The auditor then gave a casting vote for the resolution and a certificate of election was issued to E. It was held that the election of E was void. — State v. Ed- wards, 114 Ind. 581. This case, however, has been modified by the decision in the case cited in note 17, and it was overruled in State v. McFarland, 149 Ind. 266, where it was decided that the county auditor is authorized to give the casting vote in case of a tie in all instances, regardless of the method adopted in voting. Now the election must be by ballot. 17. Filing bond. Mere failure to file the bond within the time re- quired by law does not render the office vacant. — Board v. Johnson, 124 Ind. 145. The auditor can not refuse to approve the bond on the ground that the superintendent was corruptly elected. — State v. Board, 124 Ind. 554. IS. When may be removed. Formerly a county superintendent could be removed at a special term of the board of county commissioners. — Huf- ford V. Conover, 139 Ind. 151. But now he must be removed by impeach-- ment in the circuit court. — Sec. 93. 19. Trustee incompetent. The election of a county superintendent can not be declared illegal on the ground that a trustee, whose vote he re- ceived, and which was necessai'y to his election, was incompetent to hold the ofiice of trustee. — State v. Crowe, 150 Ind. 455. 20. Sale of intoxicating liquors on election day. The statute does not prohibit the sale of liquors on the day a county superintendent is elected.— State v. Ilirsch, 125 Ind. 207. 21. Not a judicial office. The office of county superintendent is not a judicial office. — Branaman v. Hinkle, 137 Ind. 496. 22. Notice of meeting. The trustees meet for a regular election by command of the statute, not by virtue of the auditor's call ; but it is proper for the auditor to notify them of the time of the meeting. On the occur- rence of a vacancy the auditor notifies the trustees of the fact and fixes the day for them to assemble to fill it. 23. Reconsideration of election or vote. If an election results, and is duly declared, the right of the person elected is consummated, and he can not be deprived of his office by the subsequent action of the board.^ — • Michener, Atty.-Gen. 24. Tie. A tie means that tw© opposing candidates have each an equal number of votes. — Baldwin, Atty.-Gen. See notes 15 and 16. 25. Recognition by state superintendent. It is made the duty of the county auditor to report to the superintendent of public instruction the name and address of the person appointed. That is the means provided by law for informing the state superintendent who has been appointed and he has no power to decide upon the validity of an election on informa- tion furnished from other sources, evidence aliu.nde. That is a question for the courts. 26. Disputed election. The qualifying of the appointee consists in the execution and acceptance of the required bond, and taking and sub- scribing the oath of office. A person who has received the certificate of aijpointment and taken the above action is county superintendent, at least SCHOOL LAW OF INDIANA. m de facto. If the validity of the appointment is disputed, the issues may be joined by an action to replevin the records and properties of the office or by a writ of quo warranto against one of the claimants. 27. Oeganizing boaed. If the trustees meet and proceed to* organize as a board, if there is a tie on chairman, the auditor may give the casting vote. — Michener, Atty.-Gen. 28. Officer de jure. When a new superintendent is elected and qualified, all acts of his predecessor are void, which are performed there- after. — Hord, Atty.-Gen. 29. City and town boards. The president of city and town school boards can not participate in the election of a county superintendent. — Hord, Atty.-Gen. 30. When may take oath and file bond. The newly elected county superintendent may file his bond and take the oath of office as soon as he is elected. 31. Extra help. The county council has power to make an allow- ance to the county superintendent for extra help in his office. 32. Female. A female may be elected county superintendent. See sec. 448. 33. Tie vote. If there be six trustees, and A receive three votes, and B, C and D one each, then there is no "tie," as no one has received an equal number of votes with A ; in that event the county auditor can not vote. [1905, p. 492. Approved and in force March 7, 1905.] 90. County Superintendents — Eligibility. 1. No per- son shall be eligible to, or shall hold office of, county super- intendent unless he hold at the time of his election a thirty- six months' state license, a sixty months' license, a life or a professional license, to teach in the common schools of this state; but nothing herein contained shall affect the title to his office of any county superintendent now in office. 91. Per diem for services. 2. A county superintendent shall receive in full for all services rendered by him four dollars and fifty cents ($4.50) per day for each day he shall be employed in the actual performance of his duties. - 92. Repeal. 3. All laws and parts of laws in conflict herewith are hereby repealed. 1. "By section 3. H. B. 223, 1899, it is provided that the qualification for county superintendent shall be a thirty-six months' license, or a life or professional license to teach in the public schools of the state. R. S. 1894, section 6049, provides that diplomas from the state normal school shall be 70 SCHOOL LAW OF INDIANA. considered sufficient evidence of qualification to teach in any of the schools of this state. You ask, 'Shall the state normal diploma be defined as a life license and thus make the holder elegible to the county superintend- ency?' The explicit language of the act of 1899 is 'No person shall be eligible to, or shall hold the office of county superintendent unless he hold at the time of his election a thirty-six months' license, or life or profes- sional license to teach in the public schools of this state.' It is to be noted that the act with regard to diplomas simply provides that the diplomas 'shall be considered sufficient evidence of qualification to teach in any of the public schools of this state.' I know of no decision of the courts with regard to school license, but the same question has arisen repeatedly in states where the practice of medicine, dentistry, pharmacy and other pro- fessions without license is forbiddfen. In most of these states a license is issued as a matter of course upon the presentation of a diploma from a reputable college or professional school. Under these statutes cases have repeatedly arisen where the holder of a diploma having neglected to pro- cure a license under it has been prosecuted for practing his profession without a license and in every case it has been held that the fact that the defendant was entitled to a license and could have procured one on presen- tation of his diploma constituted no defense for the person without it. A similar case in Indiana where a woman had obtained a license to prac- tice medicine by fraud, the supreme court held that this license could not, under the law as it then stood, be taken away from her. It will be ob- served that the language of the act of 1899 is explicit. 'No person shall be eligible to, or shall hold the office of county superintendent unless he hold at the time of his election a thirty-six months' license, or life or profes- sional license to teach.' It is my opinion that this means that the actual license must be held to make a candidate eligible to office under the act and that nothing which is simply evidence of qualification to teach can take the place of the license distinctly required by the statute." — W. L. Taylor, Atty.-Gen. (See opinion book I, p. 349, attorney-general's office.) 2. Must hold license. A county superintendent, at the time of his election, must hold a thirty-six months' state license, a sixty-months' license, a professional or life state license. 3. Drinking intoxicating liquors cause for refusing to issue li- cense TO A county superintendent of schools.* I hold that the county superintendent ef schools must maintain the same standard of morality as teachers. In fact, the standard should be higher if any difference. County superintendents of schools are chosen from the ranks of teachers and can be reasonably expected to uphold the honor and dignity of the calling. Any question here probably hinges upon what the standard of morality of the teacher is to be. In discussing this standard it must be remembered that the real teacher is always more, much more, than a mere instructor. While consciously imparting knowledge the teacher is unconsciously teach- ing infinitely more than the mere facts involved in the subject in hand. Imitation is one of the strongest factors in education. All unconsciously the children take on the physical bearing of the teacher, his manner of speech, his mode of dress, his ways of thinking, his very character. The SCHOOL LAW OF INDIANA. 71 teacher becomes the model of the children whether he will or no. It is not sufficient then that he be a good instructor merely. He must possess that subtle something called personality which by its very presence teaches. Recognizing this as true, the people, almost as a matter of fact, have come to set up a higher standard of conduct for the teacher and the super- intendent than for others. And this is perfectly proper. In our school work we set up high standards of character. In history, in literature, in physical culture, every day we are placing before the boys and girls the loft- iest ideals of manhood and womanhood. It is assumed that it is not manly or womanly to get drunk, to gamble, or to frequent places where liquor is sold. It is no longer considered respectable to drink at all or to frequent saloons and gambling places. Even in this day of sports the sport is not held in high repute by respectable people. A man's conduct is the evidence of his character. The great business, manufacturing and commercial concerns, the so- called soulless corporations, consider this a plain business proposition. They no longer want meil in their employ who drink or who frequent saloons. The county superintendent of schools occupies an office of highest im- portance and dignity.. No official in our school system or in any depart- ment of our state and county government has it in his power to do so much good or so much harm, for he is dealing primarily with teachers, many of them young both in years and experience, and with school children. The choice of a man for the position should mean that the best teacher in the community has been promoted ; that he is not only capable of teaching boys and girls both by precept and example, but that he is a leader of men and women, a teacher of teachers. If these things are true it must follow that the superintendent who has no more self-control, and no more regard for his office than to drink and become intoxicated has already lost his power of leading men and women and has thus forfeited his qualifications for th« the position. For the sake of the schools which he thus misrepresents and for the good of the community it should be no longer possible for him to hold such a position. — F. A. Cotton, State Superintendenf of Public Instruc- tion. 4. Exemption ucensk. An exemption license does not qualify a man for the office of county superintendent. 5. High school license. A person holding only a high school license can not be elected county superintendent. 93. Impeachment. 2. Any county superintendent may be impeached for immorality, incompetency or general neg- lect of duty, or for acting as agent for the sale of any text- book, school furniture, maps, charts or other school sup- plies, and such impeachment proceedings shall in all things be governed by the provisions of law now in force for im- peaching county officers. (R. S. 1901, § 5901.) 1. Statute. For the statutes concerning impeachment of officers, see R. S. 1897, § 8514 and § 8548 ; R. S. 1901, § 8108a and § 8108i 1, and acts 1899, p. 188; R. S. 1901, § S108j 1. 72 SCHOOL LAW OF INDIANA. 94. Office — Supplies — Compensation. 11. The board of county commissioners sliall provide and furnish an office for the county superintendent of their county, allow and pay all costs incurred by him for postage, stationery and records in carrying out the provisions of this act, upon his making to them satisfactory proof thereof. The county superintendent shall be paid for his services the sum of four dollars per day for the time actually employed. (Acts 189.9, p. 240.) 1. Old law. Until this statute was enacted in 1899, tlie county was not required to furnisli tlie county superintendent an office.— Board v. Ax- tell, 96 Ind. 384. 95. Shall examine teachers. 7. The county superin- tendent shall hold one public examination, beginning on the last Saturday of January, February, March, April, May, June, July and August of each year. In no case shall he hold a private examination, but special public examina- tions may be held any time upon written request of school boards as hereinafter provided. The county superintend- ent shall examine at such examinations, by a series of ques- tions furnished by the state board of education, all appli- cants for license as teachers in the common schools of the state. Before any applicant can be examined he shall pro- duce to the county superintendent a certificate of good, moral character from a school trustee of the county, then in office, or other satisfactory written evidence of good moral character, which certificate or other evidence shall be marked filed on that date by such county superintend- ent and preserved as an office paper. If, from the ratio of correct answers, the applicant is found to possess knowl- edge which is sufficient in the estimation of the county superintendent to enable said applicant successfully to teach, in the common schools of the state, orthography, reading, writing, arithmetic, geography, English grammar, physiology, the history of the United States, scientific tem- perance and literature, to govern such schools, and is versed in the science of teaching, the county superintendent SCHOOL LAW OF rNDTAIiTA. 73 shall at once fill out and deliver to such applicant a license for a term of six (6), twelve (12), twenty-four (24) or thirty-six (36) months, according to the ratio of correct answers and other evidences of qualifications given upon said examination, the standard of which shall be fixed by the county superintendent; and in examining persons for positions to teach in graded schools in cities and towns, the county superintendent may take into consideration special fitness of such applicants to perform the services required of them, and shall make on the licenses issued to such applicants a statement of the kind of work for which they are especially qualified; and all applicants, before being licensed, shall produce to the county superintendent the proper trustee's certificate or other satisfactory evidence of a good moral character : Provided, That a six months ' license shall be regarded as a trial license, and that no person who hereafter receives a six months' license in any county shall be again thereafter licensed from said county unless he obtains a grade which shall entitle him to receive at least a twelve months' license: And provided, That any person now possessing a thirty-six months' license, whose next consecutive license shall be for a term of thirty- six months, or any person who shall hereafter receive two licenses in succession, each for thirty-six months, may re- ceive, at the exi3iration of such several licenses, a license for the term of eight years upon such an examination held by the county superintendent as may be prescribed by the state board of education, and such license shall issue only upon the approval of the state board of education, and shall be styled a professional license, and shall entitle the holder to teach in any of the schools of this state: Pro- vided, That any person who has taught for six consecutive years in the common schools of this state, and now holds a three years' license to teach therein, or who, having previously taught for six consecutive years in said com- mon schools, and shall hereafter obtain a three years' license to teach therein, or who has heretofore been ex- 74 SCHOOL LAW OF INDIANA. empted, shall be forever afterward exempt from examina- tion so long as lie or she shall teach in the common schools of the county in which said three years' license was obtained; but if such person shall, at any time after said exemption accrues, suffer a period of one year to pass without having taught one full school year in the common schools of the county within said period, then said exemp- tion shall cease at the option of the county superintendent ; and if such person shall, during such exemption, seek employment to teach other or higher branches in the com- mon schools of this state than those branches which were included in the examination upon which said three years' license was issued, then he or she shall be examined in such additional branches : Provided, That said county superin- tendent be authorized to issue an exemption license upon proper affidavit or affirmation of said applicant, and that said exemption license be subject to revocation as other licenses issued by said county superintendent. 1. Appeal. If an applicant for a license is not satisfied with the grad- ing of his county superintendent he may appeal to the superintendent of public instruction ; and if, on the other hand, any patron of a school thinlis that a teacher thereof has been too liberally graded, the same right of ap- peal exists in such patron as in the applicant for a license. 2. iNcoMPETEisjT TEACHER. A couuty Superintendent may refuse to license a teacher whom he knows to be incompetent to teach. There are two ways that such knowledge may come to him : 1st. From personal visitation and inspection of his school work. 2d. From statements made by those in a position to inspect such work. 3. Exemption license. The law expressly says that a teacher must teach without interruption after a license is issued to him under the ex- emption clause of this section. The inference is that the six years' teach- ing done should have been done in the six years last past — that is, with- out any interruption — to entitle an applicant to the exemption. The county superintendent may require such evidence of his teaching in other counties as will satisfy him that the teacher has done the necessary work, and that he has shown a degree of success sufficient to justify the superintendent in granting the renewal. It is, therefore, decided by the superintendent of public instruction that the teaching must have been done in the six years last passed, but that the teaching in other counties may be credited if the county superintendent is fully satisfied that the teaching in other counties has been successful. 4. Powers of superintendent not judicial — Liability. The county superintendent belongs to the executive department of the government; he SCHOOL LAW OF OTDLAJfA. 75 acts in neither a judicial nor quasi-judicial capacity in licensing persons to teach, and he has a discretion on the subject of licensing teachers, which is so far analogous to judicial discretion that he is protected from any claim for damages on account of any mistake in his decisions, or error in judgment, either in granting or withholding a license. Yet he is liable in damages for maliciously withholding a license to teach from an appli- cant lawfully entitled to receive the same, and he will be held to have acted maliciously where he acts either from willful and wicked or from corrupt motives. — Elmore v. Overton, 104 Ind. 548. 5. License and cektificate. There is no legal distinction between the granting of a license to teach and the act of issuing a certificate of that fact. The terms are convertible, and the "licensing" implies the issuing to an applicant of a written permission to teach in the public schools. — Elmore v. Overton, 104 Ind. 548. 6. Principals and high school teachees in town and city schools. The spirit of the law is fully complied with when high school teachers pass examination in such branches and only such as they are required to teach. If an applicant is to teach say Latin, geometry, general history and physics, there is no good reason for requiring him to pass on the "eight common school branches." It is doubtful whether a teacher can legally draw money from the tuition revenue for teaching the high school branches on a common school license. The intention of the law clearly is that a teach- er's fitness to teach should be tested on what he is required to teach, not on what he is not required to teach. Generally an examination in the enumerated branches is sufficient, but when a school district has decided by legal school meeting, under section 256; that they desire other or higher branches taught in their school, then the superintendent must examine the applicant on the additional branches required by the school meeting. But in case a school board requires a special teacher in a graded school, such teacher should be examined only on what he is required to teach. 7. Discretion. Reasonable discretion of the county superintendent can not be controlled by the courts. 8. Mandamus. Mandamus will not lie to compel the issuance of a teacher's certificate by the county superintendent; the superintendent be- ing vested with a discretionary power, the court may compel him to act upon an application, but can not control his discretion. The mode of pro- cedure in such case is an appeal to the superintendent of public instruc- tion, and if after hearing the case he orders the county superintendent to issue a certificate, mandamus would lie to compel him to do so. 9. Ministerial dity. Mandamus is the proper action to compel an ofiicer to perform any ministerial duty, but mandamus will not lie to compel the performance of any discretionary duty. 10. Liability. If a county superintendent make an honest mistake in his judgment as to his duties under the law, or as to facts submitted to him, where he has a discretion, it will not render him liable for dam- ages. — Branaman v. Hinkle, 137 Ind. 496; Elmore v. Overton, 104 Ind. 548. 11. Music. Notwithstanding this section does not require an appli- cant for a license to be examined in music, yet the school trustee may re- 76 SCHOOL LAW OF INDIANA. quire music to be taught in the schools. — Myers Publishing Co. v. White River School Township, 28 Ind. App. 93 ; 62 N. E. Rep. 66. 12. Success gkades. See section 105. 13. Loss OF cEETiricATE, ETC. Tile certificate is only the evidence of a license. It follows that if a teacher loses his . certificate he remains licensed, and should be so treated, provided he can prove the facts. In such case a duplicate certificate may be issued from the superintendent's record. The failure of an applicant upon examination does not affect a license previously issued to such applicant, or afford ground for its revo- cation, 14. Illegal issues of licetwses. If a new superintendent finds that licenses have been illegally issued by his predecessor, he should cancel the records and certificates thereof, and notify the school trustees in the county of such action. Before taking this action he should carefully in- vestigate the facts, and notify the parties interested, giving them an op- portunity to show that their licenses are valid. l.j. Additiojs'al bkancltes. Ordinarily, an examination in the enu- merated subjects is suflicient, but when a person is to teach other branches, his proficiency therein should not be left to conjecture. He should be ex- amined by the county superintendent in such "other branches" as he is expected to teach. This is expressly stated in the law in case a district school meeting has designated additional branches, and is an obvious infer- ence in all cases where additional branches are to be taught. 16. Special teacher need wot have geixeeal license. Under the pro- vision^5 of this section it is not entirely plain whether it was intended that persons seeking positions in graded schools, because of their special fitness to tea(!h music, drawing, or penmanship, should hold a license qualifying them to teach in connnou schools ; but, in view of the construction given this section throughout the state in the graded schools, and adopting for myself the most liberal construction that can be given to the section, I am of the opinion that where school boards have directed the teaching of music, drawing and penmanship as independent branches in such schools, the only license that should be required of such teachers is as to their fit- ness to teach in such special branches. In arriving at this conclusion I have given to the statute the only construction which, in my judgment, will carry into force and effect the real intention of the legislature. To constiiie this act to mean that every professor of music, drawing and penmanship or other specialty required to be taught in the graded schools must first show himself to be competent to teach all the branches taught in the common schools would, in a majority of cases, prevent school boards from securing the very best talent to teach in these special branches. For it is but fair to say that those possessing the highest order of skill in special Jbranches are, in most cases, disqualified to teach in all the branches required to be taught in the common schools of the state. And I conclude, therefore, that the legislature, in authorizing these special branches to be taught in the graded schools, did not intend to re- quire of such persons other qualifications than their fitness to teach such SCHOOL LAW OF INDIANA. 77 branches. This being true, all such persons, when emploj-ed to teach such special branches, should be paid therefor in the same manner as the other teachers are paid. 17. Principal and high school teachers in town and city schools. I thinli the spirit of the law is fully complied with when high school teach ers pass examination in such branches and only such as they are required to teach. If an a])plicant is to teach say Latin, geometry, general history and physics, I see no good reason for requiring him to pass on the "eight common school branches." I question whether a teacher can legally draw money from the tuition revenue fof teaching the high school branches on a common school license. The intention of the law clearly is that a teach- er's fitness to teach should be based on a knowledge of the branches he may be required to teach. IS. Mandamus. Mandamus will not lie to compel the issuance of a teacher's certificate by the county superintendent; the superintendent be- ing vested with a discretionary power, the court may compel him to act upon an application, but can iiot control his discretion.^Bailey v. Ewart, 52 Iowa, 111. The mode of procedure in such a case is an appeal to the superintendent of public instruction, and if, after hearing the case, he or- ders the county superintendent to issue a certificate, mandamus would lie to compel him to do so. 19. Town ok city superintendent. A person employed to superin- tend and manage schools need not be a teacher nor have a teacher's cer- tificate. — 81 Mich. 214. But if he teaches any subject he must have a cer- tificate, otherwise he could not be permitted to teach, even though he drew no pay from the tuition revenue for teaching. 20. Rule limiting license to teacher of county. A rule made by the county superintendent declaring that "no certificate is granted for a longer period than twelve months to an applicant who has never taught in this county" is carrying discretionary power to the point of discrimina- ation, and is unwarranted in law. 21. Incompetent teacher. A county superintendent may refuse to license a teacher whom he knows to be incompetent to teach. There are two ways that such knowledge may come to him : 1st. From personal visitation and inspection of his school work. 2d. From statements made by those in a position to inspect such work. 22. Incompetency to govern. A license may be refused an applicant on the ground of incompetency- to govern a school. 23. Music A teacher of music must be examined in that subject. A teacher holding a life license in another state to teach music may have it countersigned in this state by the superintendent of public instruc- tion ; in which event it will not be necessary for him to be examined in music in this state. 21. Exemption license for county only. An exemption license is only valid in the county in which issued. 25. Qualification for exemption license. A county superintendent can not issue an exemption license after the thirty-six months' license has expired, nor grant one upon the basis of a three years' state license. 78 SCHOOL LAW OF INDIANA. 26. Professional license. A thirty-six months' high school license and a thirty-six months' common school license, together with the necessaiy experience, are satisfactory prerequisites to secure a professional license. 27. High school license. A teacher can not teach any branch of study in a high school unless he has passed an examination in that branch and been licensed to teach it. 28. High school teacher teaching common school grades. A high school teacher can not teach the common school branches unless he holds a common school license. 29. Surrender of old license. An applicant for a license need not surrender his old license, although it has not expired. 30. State normal certificate of proficiency. A state normal cer- tificate of graduation does not entitle the holder to teach without a license, but a diploma does so entitle him. Before the holder of a certificate of graduation can teach, he must secure a license from the superintendent of the county in which he desires to teach. 31. Decoration day. Examinations falling on Decoration day can not be postponed, for the reason that the time for holding examinations is fixed by statute. 96. May revoke license. 9. The county superintendent shall have the power to revoke licenses heretofore granted by himself or predecessors or hereafter granted by the state superintendent of public instruction, for incompe- tency, immorality, cruelty or general neglect by the holder of the business of his school. Due notice of such revoca- tions shall be given in writing by the county superintend- ent and an appeal therefrom shall lie to the state superin- tendent of public instruction, and if the same be taken within five days after notice is given it shall operate as a stay of proceedings until the state superintendent of public instruction shall have passed upon such appeal. The revocation of the license of any teacher shall terminate his employment in the school in which he may have been employed to teach. (R. S. 1901, § 5905 f.) 1. Playing cards for money cause of revocation of teacher's li- cense. On behalf of the prosecution proof was introduced showing that some time prior to the 14th day of September, 1906, the county superin- tendent had accused the appellant of playing cards for money ; that on the date last mentioned he wrote a letter, formally charging appellant with being a poker player ; that two days later appellant came to the county superintendent's office and confessed that he had previously been in the habit of playing cards for money, but claimed that he had ceased to do SCHOOL LAW OF INDIANA. 79 so ; that the surrender of bis license was demanded by the county super- intendent about one week later, and refused. It was further soutiht to be shown by the prosecution that at a raid iii.ide by local officers on a certain gambling resort at 1:30 a. m. Sunday, tlie di'fendant was present, having coine to the premises soon after the raid was begun; that his explanation for being there was that he came to iiel]) .. friend who was one of the gamblers arrested as a result of this raid. The testimony of various peace officers tended to show that among otlier articles captured at this raid was a written memorandum contain- ing the name of the defendant with others; that Immediately following this memorandum were certain figures. Evidence was introduced to the efi'ect that the reputation of the ap- pellant in the community where he resided was that of a gambler, and that he had admitted to the town marshal that he had gambled and expressed an intention to quit doing so. On behalf of the appellant evidence was introduced showing that he had been a teacher for several years, and during that time had conducted his school to the satisfaction of the patrons and the school officials ; that - his reputation for morality and especially in regard to gambling, was good in the communitj- ; that he had never been arrested for gambling. In explanation of his presence at the raid, appellant testified that early in the evening he had heard that a raid would be made, and that a particular friend of his would probably be arrested; that this matter slipped his mind until late that night, after he had closed his store and gone to his home : that he then resolved to go to the place where the raid was to occur and attempt to warn his friend of his danger ; that in doing so he came upon the otticers while the raid was in progress. Appellant admitted upon his examination that he had played poker for money during six months preceding the revocation of his license; but asserted that he iiever played with pecuniary gain as an object, but only participated in the game socially ; that he had on various occasions played at the resort which was raided; that his games at this place were some- times protracted until three o'clock in the morning ; that they usually took place on Saturday night, and he played with some of the men who were afterwards arrested in said raid ; that he never won more than he thought his companions could afford to lose, and never lost more than he could afford to part with ; that his gains or losses ranged from one dollar a sit- ting to twenty-five dollars ; that he had bought poker chips at the resort where the raid occurred, but that his purchase never exceeded twenty-five dollars at a time. ' While the evidence is in conflict in many points, I am convinced that It establishes the truth of the charges made against the appellant by the superintendent. The previous conduct of appellant, his admission that he had at recent dates played games of chance for substantial sums of money, his frequenting the gambling resort where his gaming companions were arrested, his confession that he saw no harm in such pastimes and that he did not think his moral character suffered from these associations and ,a.musementS; all proved beyond question that he had become addicted to 80 SCHOOL LAW OF INDIANA. gambling. His presence at the resort is not sufficiently explained by him, as it seems scarcely credible that he woiild be so zealous in behalf of a friend that he would run the hazard of beinl corpora- tion for school purposes, by the name and style of the civil rfCItOuL LAW OF IisTr)TA:N-A. 107 township, tovi-n or city corporation, respectively, and by such name may contract and be contracted with, sue and be sned, in any court having competent jurisdiction; and the trustee of such township, and the trustees provided for in the next section of this act, shall, for their township, town, or city, be school trustees and perform the duties of ci -tIv and treasurer for school purposes. (R. S. 1881, § 4488; R. S. 1901, § 5914; R. S. 1897, § 6131.) 1. Corporate names. It has beeu decided, in very many cases, that the uame of the school corporation is "the school town (or city) of ," or "school township of county," and that, in this name, it must sue and be sued; that insteasd of a distinct function bestowed on the civil or municipal corporation, an independent and distinct corporation, for school purposes only, is created by this section ; and that section 121 is still in force. — Carmichael v. Lawrence, 47 Ind. 554 ; City of Huntington v. Day, 55 Ind. 7; Jarvis v. Shelby, 62 Ind. 257; Harrison v. McGregor, 67 Ind. 380 ; Delaware Tp. v. Board, 26 Ind. App. 97. 2. Corporations independent. Each civil township and each incorpo- rated town and city is a distinct school corporation, entitled to receive and expend its proper school moneys independent of any control by any other such coiporation. — Johnson v. Smith, 64 Ind. 275 ; Campbell v. City of Indianapolis, 155 Ind. 186 ; same case, 57 N. E. Rep. 920. 3. Designations in suits. The character in which an incorporated town may sue or be sued as a school corporation may be designated either in the title of the action, as a school corporation, or in the complaint, by an allegation of that fact. — Town of Noblesville v. McFarland, 57 Ind. 335 ; but see Steinmetz v. State, 47 Ind. 465 ; Robinson v. State, 60 Ind. 26 ; Inglis V. State, 61 Ind. 212. 4. Property and revenues. When a village becomes incorporated the school town thus created becomes, as trustee by statute, the successor of the township in the right to the possession and control of school property within its territory. — School Town of Leesburg v. Plain Township, 86 Ind. 582. And as soon as school trustees are appointed and qualified they have a right to demand and receive of the town ti'ustee whatever sums of money he has received by reason or on account of the school children residing within or transferred to the town, and he can not lawfully withhold it on any ground. He received and held it in trust for those children. — Johnson V. Smith, 64 Ind. 275. 5. Corporations distinct. A civil township and a school township of the same territory are distinct corporations, and each must sue and be sued in its own proper corporate name, and neither can sue in the name of the other, or in that of the township trustee. So also a civil town and the school town are distinct corporations, which must sue and be sued in its own corporate name. — Wright v. Stockton, 59 Ind. 65. 6. PowEB OF SCHOOL CITY. A city organized under the general law 108 gCSOOL LAW OF INDIAlSTA. for the incorporation of cities has no power to buy or give its promissory notes for a county seminary, though for school purposes in a city. The power belongs to the school corporation of the city.— State v. City of Terre Haute, 87 Ind. 212. 7. Division of revenues. AVhere money has been apportioned to a school township and received by the trustee thereof, some of which belongs to a school town afterward organized, and he refuses to pay it over, he may be compelled by mandate to do so, and the school trustees of the town are t"he proper relators in such a suit. — Hon v. State, 89 Ind. 249. 8. Property oe school corporation. Real estate and buildings held by a school corporation for school purposes are subject to appropriation for highways as is private property. — Rominger v. Simmons, 88 Ind. 453, 9.- Judicial notice. The courts will not take judicial notice of a town- ship organization, nor its name. — Bragg v. Board of Commissioners, 34 Ind. 405 ; Swails v. State, 4 Ind. 51(i. 10. Action. In dealing with a trustee of a school township, all per- sons are bound to take notice of his official character, and to know that he can only bind his township by contracts which are shown to be authorized by law. Therefore, a complaint against a school township on a contract for school supplies, to be good, must allege that such supplies are necessary and suitable for the use of the public schools of the township, and that they have been delivered to and accepted by such township. — Bloomington School Township v. National School Furnishing Company, 107 Ind. 43; Platter v. Board, 103 Ind. 360; Summers v. Board, 103 Ind. 262; Reeve School Township v. Dodson, 98 Ind. 497 ; Axt v. Jackson School Township, 90 Ind. 101 ; Pine Civil Township v. Huber, etc., 83 Ind. 121 ; Kittenger v. Monroe School Township, 3 Ind. App. 411. 11. Summons. A summons in an action against a township must be issued against the township ; and if issued against the trustee of such town- ship a judgment thereon against the township is void. — Vogel v. Brown School Township, 112 Ind. 317 ; Vogel v. Brown Township, 112 Ind. 299. 12. City of Indianapolis. This section applied to the city of Indian- apolis, until the enactment of the law of March 3, 1871. — Campbell v. City of Indianapolis, 1.55 Ind. 186, 193 ; 57 N. E. Rep. 920. 13. Newly incorporated town. If a newly, incorporated town em- braces a township school in which a teacher is employed to teach and the school term has begun at the time the town was incorporated, such teacher may continue and teach out the time for which he was employed. [1905, p. 437. Approved March 6, 1905. In force April 15, 1906] 123. Schoo] trustees — Election — Terms begin August 1 — Duties. 1. The common council of each city and the board of trustess of eacii incorporated town of this state shall at a regular meeting of such common council or board of trustees, after the incorporation of such city or town, elect three school trustees, who shall hold their offices one, two SCHOOL LAW OF USTDIANA. 109 and three years, respectively, from and after the first day of the next succeeding August. The term of each of said trustees shall be determined by lot at the time of such elec- tion by such common council or board of trustees, and an- nually thereafter the common councils of each city and the board of trustees of each incorporated town, at their regu- lar meetings in the month of June, shall elect one school trustee, who shall hold his office for three years from the.' first day of the next succeeding August. Such trustees shall constitute the school board of the city or town, and before entering upon the duties of their offices they shall take an oath faithfully to discharge the duties of the same. They shall meet within five days after the first day of August of each year and organize by electing one of their number president, one secretary and one treasurer. The treasurer, before entering upon the duties of his office, shall execute a bond to the acceptance of the county auditor, conditioned as an ordinary official bond, with at least two sufficient free- hold sureties, who shall not be members of said board, in a sum not less than double the amount of money which may come into his hands within any one year by virtue of his office. The president and secretary shall each give bond, with like sureties, to be approved by the county auditor, in any sum not less than one-third of the treasur- er's bond: Provided, That in case of a newly incorporated city or town such trustees shall meet within five days of their election and organize by electing the officers and giv- ing the bonds, as herein provided, which officers and bonds shall be continued until the first day of August next suc- ceeding such organization. All vacancies that may occur in said board of school trustees shall be filled by the com- mon council or board of trustees of the town, but such elec- tion to fill a vacancy shall only be for the unexpired term. The board of school trustees shall within five days after the first day of August of each year reorganize their boards and execute their bonds for the ensuing year. Said trus- tees shall receive for their services such compensation as 110 SCHOOL LAW OF INDIANA. the common council of the city or the board of trustees of the town may deem just, which compensation shall be paid from the special school revenue of the city or town: And, provided, further, That the present incumbents of the of- fices of school trustees of any city or town shall hold their offices until the first day of August next succeeding the ex- piration of their terms: Provided, further. That the pro- visions of this act relative to the appointment of school trustees shall not be mandatory upon those incorporated towns wherein the school corporations have been or shall hereafter be abandoned. 124. Cities excepted. 2. The provisions of this act shall not apply to cities of over fifty thousand inhabitants, according to the last preceding United States census. 125. Repeal. 3. All laws and parts of laws in conflict herewith are hereby repealed. 1. Town teustee. A town trustee of an incorporated town may be elected to the office of -school trustee.— State v. Myer, 60 Ind. 288. 2. Time of election. As to the time of election, this section is merely directory ; and if omitted at the time it may be made afterward. — Sackett V. Foreman, 74 Ind. 486 ; Minniciv v. State, 154 Ind. 387. 3. Resignations. A resignation of a town or city school trustee should be addressed to the body that elects, and is complete without formal acceptance ; yet its withdrawal even after acceptance but with the consent of the electing body is equivalent to a reappointment. In case of such resignation an election to All the vacancy may be held before the day set for the resignation to take effect. — Leach v. State, 78 Ind. 570. 1. Power as to vaccination. School trustees have the power, as a measure of public safety and to guard against a contagious disease, to order school children to be vaccinated, but they should exercise it with dis- cretion. In some localities there is no eartlily danger of smallpox ; in others — as a crowded city — when the disease has made its appearance im- mediate measures should be talcen. The school trustees of a city or town or township may be compelled, by a mandate of the courts, to enforce an order of the board of health requiring all children to be vaccinated before being permitted to attend the public schools during a threatened epidemic of smallpox. — State v. Beil, 157 Ind. 25. See also Blue v. Beach, 155 Ind. 121. 5. Purchase of grouiud. The school trustees can not purchase ground or enter into contracts for building except with the approval of the com- mon council or town trustees. SCHOOL LAW OF INDIANA. Ill 6. Office lucrative. As the statute provides for the compensation of town f^chool trustees, their otlice is a lucrative one within the meaning of the constitution, and a person can not liold it at the same time with another lucrative office. — Chambers v. State, 127 Ind. 365. 7. Suit against towns. A cojnplaint against a school town alleging the eniployijient of plaintiff by tlie defendant to teach school and breach of the contract, is sufficient without alleging employment by the trustees of the town or that the town was incorporated, or that there was a board of trustees. I)i such a case a paragraph of a complaint founded on an account is good. — School Town of Rochester v. Shaw, 100 Ind. 26S. S. Officer de facto. Pending suit to determine who is school trustee, the courts will compel the county auditor to recognize the trustee in pos- session. — Leach v. Cassidy, 23 Ind. 449. Hold-over trustees can bind the school corporation. — School Town of Milford v. Ziegler, 1 Ind. App. 138. 9. Amendment of 1875. This section Avas amended in 1875, and it superseded and took the place of the amendment of 1873 (Acts 1873, p. 68). Blakemore v. Dolan, 50 Ind. 194. 10. Abolishing office. The legislature may abolish the office of school trustee, or shorten or lengthen the term thereof. — -Blakemore v. Dolan, 50 Ind. 194. 11. Old board's contract. A contract made by the board of school trustees of an incorporated town or city with a school superintendent or a teacher, prior to the annual election in June, of a new member of the board, and the reorganization required by statute, for services to be per- formed after the election of such member, is valid and binding on the school corporation. — Reubelt v. School Town of Noblesville, 106 Ind. 478. 12. Mandamus. Mandamus lies to compel a school officer to deliver the records, books and papers of the office to his successor. — Frisbie v. Clarks- ville, 78 Ind. 269 ; and to compel the trustees of a town or city to elect school trustees. 13. Extending term. The provisions of the constitution (R. S. 1881, §225; R. S. 1901, §225; R. S. 1897, §225) extending the regular terms of officers until their successors "shall have been elected and qualified," ap- plies to school trustees, and such trustees continue in office until their successors have not only been elected but have taken their oath of office and have filed their official bonds. — School Town of Milford v. Powner, 126 Ind. 528. 14. Board acts as unit. The board must act as a body, not as in- dividuals, the majority ruling; and their action should be recorded. But where one of the school trustees of a town signed a contract of employment with a teacher in one of the schools of the town, and at a called meeting the contract was adopted by the board and signed by another mem- ber, it became binding upon the town. — School Town of Milford v. Powner, 126 Ind. 528. 15. Validity of rules and regulations. Regulations adopted by per- sons in charge of school are analogous to by-laws enacted by municipal and other corporations, and both will be annulled by the courts when found to be unauthorized, against common right, or palpably unreasonable. — State V. White, 82 Ind. 278. 112 SCHOOL LAW OF INDIANA. 16. City councilman. The office of city couneilmau is not a lucrative office within the meaning of the constitution. — State v. Kirk, 44 Ind. 401. 17. Justice of the peace can not serve as trustee. A justice of the peace can not serve as school trustee. — See State Constitution, Article 7, Section 16. 18. Assent of majority. A majority of the board, at a legal meeting, must consent to an order to render it valid. — City of Logansport i^. Dyke- man, 116 Ind. 15 ; Herrington v. School Dist., 47 la. 11. 19. Reasonableness of rules. Rules must be reasonable under the circumstances. — Fertich v. Michener, 111 Ind. 472. Any rule of the school not subversive of the rights of the children or parents, or in conflict with humanity and the principles of the divine law, which tend to advance the objects of the law in establishing public schools, must be considered rea- sonable and proper. — Fertich v. Michener, 111 Ind. 472 ; State v. Beil, 157 Ind. 25. 20. City clerk. The office of city clerk is not an office "under the State,!' within the .meaning of section 176, state constitution. — Mohan v. Jackson, 52 Ind. 599. 21. Acceptance of lucrative office. If an officer holding one lucra- tive office accepts anotlier, the acceptance of the second vacates the first.— Howard v. Shoemaker, 35 Ind. Ill ; Mohan v. Jackson, 52 Ind. 599. 22. Authority to adopt rules. The school board and school authori- ties have the power to adopt rules and regulations for the government of the schools under their control. — Fertich v. Michener, 111 Ind. 472. 23. Rules oi' superintendent or teaches binding on pupils. Any reasonable rule adopted by the superintendent or teacher, not inconsistent with some statute or some rule prescribed by higher authority, is binding upon the pupils.— Fertich v. Michener, 111 Ind. 472. 24. Gradation of pupils. When a child has graduated from one department it is ineligible to that department again. 25. When two boards act together. When two boards act together a majority of the whole board of trustees, whether such majority come from one corporation entirely, or from different corporations interested, have the power to transact any and all business. — Hanover School Town- ship V. Gant, 125 Ind. 557. 26. Ratification of contracts. Contracts may be ratified by the board either by special resolution or by acquiescence. 27. Defalcation — Liability of members of boards. A trustee who has had no part in the misapplication of funds is not liable therefor. — State V. Julian, 93 Ind. 292. 28. Contracts with de facto trustees. The contracts of de facto trustees with teacher are binding upon their school corporation ; and in an action by such teacher on the contract, the validity of their acts as offi- cers can not be called in question. — School Town of Milford v. Zeigler, 1 Ind. App. 13S. 29. Aquiescence in illegal election of officers. After six years of acquiescence and approval on the part of the school town in the election and serving of certain persons acting as school trustees, third persons deal- SCHOOL LAW OF INDIANA. 113 ing with them have the right to presume that they are at least officers de facto.— School To\^•u of Milforcl v. Zeigler, 1 lud. App. 138. 80. Hiking of TKAtaiEES by old school board. A board of school trus- tees (not a township trustee, §342%), after their successors have been elected, and before they are entitled to serve as officers, may hire a teacher for the year beginning after their terms of office will expire. — School Town of Milford v. Zeigler, 1 lud. App. 188. A school trustee of a township can not ignore his predecessor's contract, because of mere formal and technical defects.— Sparta School Tp. v. Mendell, 138 Ind. 188. 31. SiGNiJs'G CONTRACT. If the school board in session hire a teacher, the contract with him may be signed at different times ; and a signing by a majority of the trustees is sufficient. — School town of Milford v. Zeigler, 1 Ind. App. 138. 32. Abolishing school^Effect on teacher's contract. A contract with a teacher to teach can not be annulled by abolishing the school he was to have taught. — School Town of Milford v. Zeigler, 1 Ind. App. 138. 38. Majority of trustees sufficient to make a contract. A contract by two of three trustees, when in session, "is valid." — School Town of Mil- ford V. Zeigler, 1 Ind. App. 188. 34. Illegal design of trustee. A teacher's contract is not void when the trustees have an illegal purpose or design in view, if he does not partici- pate iu such purpose or design. — School Town of Milford v. Zeigler, 1 Ind. App. 138. 35. Contest. Pending litigation io determine who is entitled to exer- cise an othce, the officer de facto shall act, and when it appeared to the court that A was in possession of the office of school trustee it properly compelled the county auditor to recognize him as such. — Leach v. Cassidy, 28 Ind. 449. See also School Town of Milford v. Zeigler, 1 Ind. App. 188. 3G. Employment by school town. A complaint against a school town alleging the employment of the plaintiff by the defendant to teach school and a breach of contract is sufficient, without alleging employment by the trustees of such school town, or that the town was incorporated, or that there was a Board of Trustees in said town. — School Town of Rochester v. Shaw, 100 Ind. 268 ; Sparta School Township v. Mendell, 138 Ind. 188. 37. Suit on treasurer's bond — Penalty — Relator. The incoming treasurer may sue the outgoing treasurer on his official bond for failure to turn over funds in his hands, and such suit may be maintained without an order from the county commissioners. He is liable to the penalty of 10 per cent.— Sec. 91.— Hiatt v. State, 110 Ind. 472. 88. Incoming treasurer entitled to receive money only from his predecessor. An incoming treasurer is entitled to receive money only from his predecessor. — Hiatt v. State, 110 Ind. 472. 39. Trustee failing to take oath — Vacancy. If the trustee elected fails to take' his oath of office within five days after his election, he forfeits his office and another may be elected, unless for some valid reason, not of his own Jieglect, he has not been able to take the oath. — Minnick v. State, 154 Ind. 879. But in the case of a township trustee, where a dispute arose as to when his term began, a failure to qualify within the time required by 114 SCHOOL LAW OF INDIANA. the statute pertainng to such matters was held not to vacate his office. — Albaugh V. State, 145 Ind. 356. If a town or city school trustee take the oath of office, failure to give bond as president, secretary or treasurer of the board to which he is elected does not vacate his office as trustee, al- though it may as to such office of president, secretary or treasurer. — Koerner v. State, 148 Ind, 158. 40. ApI'KOval 07 bond. The county auditor approves a school city or town trustee's bond. Sureties on |;uch a bond can not set up as a defense to an action on it that the city officers were guilty of laches in re-electing one trustee who was a defaulter in the former term. — Hogue v. State, 28 Ind. App. 285 ; 62 N. E. Rep. 656. 41. Length of teem of trustee. A school trustee continues in office until his successor is not only elected, but until he files his bond and takes the oath of office.— School Town of Milf ord v. Powner, 126 Ind. 528 ; Koer- ner V. State, 148 Ind. 158, 42. Conclusiveness of trustee's report. The annual report of a trus- tee, in an action on his bond for a failure to pay over to his successor money in his hands received from his predecessor is, in the absence of fi*aud or mistake, conclusive against him, but is not conclusive against his sureties, they having the right to show that it is erroneous or that the defalcation oc- curred during his predecessor's term. — State v. Mock, 21 Ind. App. 629. 43. Neglect to collect funds. When a trustee's bond is conditioned that he shall collect all the moneys due and belonging to the township, his sureties are liable for his failure to collect the amount of a shortage occur- ring during a predecessor's term, when it is not shown that the trustee could not have collected the same. — State v. Mock, 21 Ind. App. 629. 44. Residence— Compensation. If a town or city officer moves out of his corporation he vacates his office. If a man is an actual resident of a town at the time of the election, there is nothing prohibiting his election and acceptance of the office of school trustee, although he is not at the time an actual voter. After a school trustee has performed labor under an ordinance fixing his salary, his right to compensation cannot be cut ofl: by a repeal of the salary, but he can recover for services rendered at the rate fixed ; yet dur- ing the employment the compensation may be modified as to the future, un- less a contract has been made with the trustee.— Baldwin, Atty.-Gen. 45. School board independent. The board of town trustees can not remove a school trustee from office. There is no law for it. The town trustees have no control over the action of the school board, which has com- plete control over all the school concerns of the town. County commission- ers have no power to allow a town treasurer compensation out of the school revenue of the town. — Baldwin, Atty.-Gen. 46. Casting vote — Resolution. The common council of a city may elect a school trustee by resolution, and in case of a tie vote on such reso- lution the mayor may decide by giving the casting vote. — Woollen, Atty.- Gen. 47. Failure to give bond. The office of school trustee is not vacated by the failure to give bond as president, secretary or treasurer of the board. — Michener, Atty.-Gen. SCHOOL LAW OF INDIAT^A. 115 48. Extending teem. The provision of the constitution (R. S. 1881, §225) extending the regular terms of officers until their successors "shall have been elected and qualified," applies to school trustees ; and such trus- tees continue in office until their successors have not only been elected but have taken their oath of office and have filed their official bonds. — Michener, Atty.-Gen. School Town of Milford v. Powner, 126 Ind. 528. 49. Allowance by board. The board must pass upon all claims, and the treasurer must obey the voice of the majority, and he cannot pay out funds without the claims first being "allowed" by the board. 50. BoAED ACTS AS A UNIT. The board must act as a body, not as in- dividuals, the majority ruling ; and their action should be recorded. 51. Trustees conteacting with themselves. School trustees cannot enter into a contract with themselves. — 29 Mich. 19. 52. Town changed to city — Trustees. When a town becomes incor- porated as, or is changed to, a city, the school town trustees remain in office (without re-election) and become school city trustees; they are in no wise affected by the change so far as the terms of their offices are concerned, and their terms expire and their successors are elected at the times they would have expired and been elected, if no change had been made from a town to a city.— State v. Ogan, 159 Ind. 119 ; same case, 63 N. E. Rep. 227. 53. Teeasueee's bond — Covees school house eunds. If the trustees of a school board fail to give the bond required by section 184, the treasurer and his sureties will be liable on the bond given under this section for the amount of the school house funds that come into his hands, regardless of the neglect of the trustees to give the bond required to secure them. — Hogue V. State, 29 Ind. App. 621. 54. When elect. A town board of trustees may meet and elect a school trustee at its first regular meeting in .June, or at any time thereafter. [1899, p. 373. Approved March 3, 1899. In force April 28, 1899.] 126. Town abandoning control of schools. 1. Any in- corporated town in the state that has no school indebted- ness, the inhabitants of which does not exceed fifteen hun- dred, as shown by the last preceding general census, may through its town board of trustees abandon and discontinue its management and control of public schools within such incorporated town, and abolish the board of school trustees therein, 127. Conveyance to trustee. 2. The town board of trustees of any such incorporated town, upon deciding to abandon and discontinue the control of the public schools therein, shall make and cause to be made a good and suf- ficient deed, conveying all real estate belonging to such [8] 116 SCHOOL LAW OF INDIANA. school town to the township trustee of the township in which such incorporated town is located; and shall trans- fer all the personal property and fixtures belonging to such school town to such township trustee, all of which shall be accepted and held by such township trustee for the use and purposes of the school township wherein such town is lo- cated. (R. S. 1901, § 5915c.) ■ 128. Charge of town schools. 3. After the require- ments set forth in the preceding section are complied with, the township trustee shall have full and complete control of all the schools within such town, and shall conduct the same as provided for by law for the other schools of such township. [1865, p. 3. Approved and in force March 6, 1865.] 129. Trustees' bonds — Vacancy. 6. The county audi- tor, in fixing the penalty and approving and accepting the bonds of such trustees, shall see to their sufficiency to se- cure the school revenues which may come into their hands, as well as the ordinary township or other revenue. In case of a vacancy in the office of trustee, the county auditor shall appoint a person to fill the same, who shall take an oath and give bonds as required in the last preceding section; and said auditor shall report to the superintendent of public instruction the name and postoffice address of each trustee. (R. S. 1881, § 4440; R. S. 1901, § 5916; R. S. 1897, § 6134.) 1. Bond does istot cover borrowed money. There is here a clear im- plication that tlie only money which a trustee can ofhcially receive is that yielded by the school revenues. Money obtained by borrowing can not be said to be school revenue, and the penalty of the bond does not extend to such money. — AVallis v. Johnson Tp.., 75 Ind. 368. 2. Title to school money. A trustee, like a county treasurer, is liable on his bond for all money that may come into his hands by virtue of his office, whatever may become of the money. — Rock v. Stinger, 36 Ind. 346. 3. Use not conversion. The mere use, by the trustee, of school rev- enues of the township in his own business, it has been decided was not such a conversion of the money as constituted a breach of the conditions of his bond.- — Brown v. State, 78 Ind. 239 ; Bocard v. State, 79 Ind. 270 ; Goodwine V, State, 81 Ind. 109. Bui the more recent decisions are to the effect that SCHOOL LAW OF TIVDIANA. 117 a trustee may not loan the I'uud coming into his hands as trustee, and if he do, and receives interesc, he must account for it. Nor can he use the funds in his own business. — Winchester Electric Light Co. v. Veal, 145 Ind. 506, 515. 4. When not kntitled to interest. I'itle to such revenues does not vest in a trustee until they are actually drawn by him out of the treasury, and he Is not entitled to interest on warrants issued against them. — Hadley V. State, 66 Ind. 271. 5. Vacancies. A law passed in 1875. took away from the auditor the power of filling vacancies in the office of town or city school trustees ; and the board of county commissioners, if in session when the vacancy occurs, or before it is filled, fills a vacancy in the office of township trustee ; but if the vacancy occurs when thej' are not in session, the county auditor may fill it— R. S. 1881, §5996; R. S. 1901, §8071; Cooper v. State, 113 Ind. 70. Previous to 1899, when the board of county commissioners met in special session in August to receive the trustees' reports, they could not fill a va- cancy in the ofiice of township trustee. — Heim y. State, 145 Ind. 605. It is considered that a person appointed to fill a vancancy in an office holds such office until his successor is elected and qualified. The supreme court seems to have so regarded the question. — See Urmston v. State, 73 Ind. 175. 6. Resignation. When a citj^ school trustee resigns his office, to take effect at a future day, the city council may elect to fill the vacancy before the day fixed for the taking effect of the resignation. — Leech v. State, 78 Ind. 570. 7. Overpayments — Shortage — Set-off. In an action on the bond of a township trustee he is entitled to set-off against the shortage in one fund overpayments on account of another, so far as the shortage was occasioned thereby. — Finney v. State, 126 Ind. 577 ; State v. Julien, 93 Ind. 292 ; Had- ley V. State, 66 Ind. 271. 8. Eligibility — Alien. A voter under the constitution of this state, though not a citizen of the United States, is eligible to the office of town- ship trustee. — McCarthy v. Foelke, 63 Ind. 507. 9. Liability of surety. When a successor is elected and qualified, but does not take possession of the office, and the old trustee continues to act, his acts are void ; he is not an officer de facto or de jure, and his sureties are not bound. — Steinback v. State, 38 Ind. 483; Rany v. The Governor, 4 Blackf. 2. 10. Office LXJCRATI^'E. The office of township trustee is a lucrative of- fice within the meaning of the state constitution. — Foltz v. Kerlin, 105 Ind. 221. 11. Liability of ofiicer and surety. The statute creates a permanent and continuing liability and the sureties on his official bond, for a failure to perform any duty imposed by any law in force at the time the bond is exe- cuted, or which may be subsequently passed during the time for which such officer has been elected ; and it is not necessary that the bond should provide in express terms for such permanent and continuing liability. — Davis V. State, 44 Ind. 38. 118 SCHOOL LAW OF INDIANA. 12. Damages in suit upon bond of trustee. It is the imperative duty of a court rendering judgment against a township trustee, in a suit upon his otBcial bond, for a violation of a duty in reference to school revenues, to assess ten per cent, damages on the amount recovered. — Davis v. State, 44 Ind. 38. 13. Bond covers both civil and school township. A township em- braces two distinct corporations, to wit : The civil township and the school township, existing within the same territory and having the same trustee, who is bound by a single official bond.— Inglis v. State, 61 Ind. 212. 14. Action by successor. An action on the relation of a township trustee, on the bond of a defaulting predecessor, may be instituted without the request or directien of the board of county commissioners. — Inglis v. State, 61 Ind. 212. 15. Liable for unauthorized loan. Formerly a trustee was liable on his bond, by virtue of the act of March 5, 1883 (Acts 1883, p. 114), when he borrowed money without the consent of the board of county commissioners first obtained.— State v. Helms, 136 Ind. 122 ; Helms v. State, 19 Ind. App. 360. See Killian v. State, 15 Ind. App. 261, and First National Bank v. Osborne, 18 Ind. App. 442 ; State v. Stout, 26 Ind. App. 446. [1883, p. 118. Approved and in force March 6, 1883.] 130. Trustees manage revenues — Reports. 7. The school trustee of every township, incorporated town or city, shall receive the special school revenue belonging thereto, and the revenue for tuition which may be apportioned to his township, town or city, by the state, for tuition or [for] the common schools, and shall pay out the same for the pur- pose for which such revenues were collected and appro- priated. Such trustees shall keep accurate accounts of the receipts and expenditures of such revenues, and shall render to the county commissioners, annually, on the first Monday of August, for the school year ending on the thirty-first day of July, and as much oftener as they may require, a report thereof, in writing. Said board of com- missioners shall hold a session on said Monday to receive said reports. They shall clearly and separately state : First. The amount of special school revenue and of school revenue for tuition on hand at the commencement of the year then ending. Second, The amount of each kind of revenue received within the year, giving the amount of tuition revenue re- ceived at each semi-annual apportionment thereof. SCHOOL LAW OF INDIAlsTA. 119 Third. The amount of each kind of revenue paid out and expended within the year. Fourth. Tli-e amount of each kind of revenue on hand at the date of said report, to be carried to the new account. And shall, with said report, present and file a detailed ac- count current of the receipts and payments for the year, and support the same by proper vouchers ; which report and account current shall each be duly verified by affidavit ; and when the said county commissioners are satisfied that said report is full, accurate and right in all respects, and that said account is just and true, they shall allow and pass the same; wjiich shall have the effect to credit the trustee for the expeditures. A copy of said report, as passed and al- lowed by the county commissioners, shall, within ten days after its date, be filed by the trustee with the county super- intendent of the county, and upon failure of the trustee to discharge any of the duties required of him relative to schools and school revenues, the board of county commis- sioners shall cause suit to be instituted against him, on his official botad, and in case of recovery against him, the court rendering the judgment shall assess upon the amount thereof ten per cent, damages, to be included in said judg- ment. (R. S. 1881, § 4441; R. S. 1901, § 5917; R. S. 1897, § 6135.) 1. CoNVEKSioN. The application, by a trustee, of tuition reveue to spe- cial school, road, or civil township purposes is a conversion of so much of the fund and a breach of his bond. — Robinson v. State, 60 Ind. 26; Brown V. State, 78 Ind. 239 ; Board v. State, 79 Ind. 270. The suit may be brought on the relation of his successor. — Steinmetz v. State, 47 Ind. 465 ; Robinson V. State, 60 Ind. 26. 2. Liability of trustee. The trustee is absolutely liable for the loss of the funds by whatever casualty. Depositing in a solvent bank, by advice of state and county superintendent and county board, \f loss result, is no defense.— Inglis v. State. 61 Ind. 212 ; Board v. State, 79 Ind. 270; McClel- land V. State, 138 Ind. 321. 3. School board independent. The school trustees of a city or town act independently of the city council or board of town trustees in receiving and expending the school revenues, and their action can not be controlled by the latter. — Johnson v. Smith, 64 Ind. 275. 4. Mistake in settlement. When a township trustee fails to keep the aceounts required by this section, and by reason thereof, and by reason of 120 SCHOOL LAW OF INDIANA. mislaying voucliers, he fails in his annual settlement with the county com- missioners to claim or receive credit for a certain sum properly paid Qut by him, he can not afterward recover for the amount so paid. — Butt v. Jen- nings Township, 81 Ind. 69. 5. Writ or mandate. Mandamus lies by a school trustee to compel de- livery by his predecessor of the records, books and papers of the office, and to compel the payment of money which the trustee is required by law to apply to school purposes. — Frisbie v. Fogg, 78 Ind. 269 ; Goldsberry v. State, 69 Ind. 430 ; Hiatt v. State, 110 Ind. 472 ; Brown v. State, 78 Ind. 239. 6. Assessment of damages. In a suit on the bond of a school trustee the court, in rendering judgment upon the verdict, should add ten per cent, to the amount found by the jury. — Watson v. State, 80 Ind. 212 : Goldsberry V. State, 69 Ind. 430; Hiatt v. State, 110 Ind. 472; Brown v. State, 78 Ind. 239. And the provision to that effect is imperative. — Brown v. State, 78 Ind. 239. 7. They can not borrow money. There is nothing in the'statute from first to last indicating that a township trustee can rightfully obtain money from any other source than the school revenues. There is a plain and un- mistakable purijose on the part of the legislature to confine the trustee to the funds expressly provided, and not permit him to go out into the busi- ness world as a borrower. * * * The nioney is supplied to them, and they must take it as supplied, and not attempt to devise or create other sources of supply. — Wallis v. Johnson Township, 75 Ind. 308. 8. Are liable for monj:y had and received. Where money is loaned to a township trustee for the use and benefit of the school township repre- sented by him, and the school township receives the benefit of the money, it is liable therefor ; and though the note of the trustee attempting to bind the township for the loan he held void, yet the liability of the township remains as for nioney had and received. — Bicknell v. Widner Township, 73 Ind. 501 ; First 2s at. Bank v. Union Township, 75 Ind. 361 ; Bank v. Clinton Tp., 24 Ind. App. 359. 9. May execute notes for debts. A school township, by and in the name of its trustee, may execute a valid negotiable promissory note for any debt contracted for the benefit of its property ; but it is not governed by the law merchant, and an assignee takes it subject to all defenses. — Shef- field Tp. V. Andress, 56 Ind. 157. The board of school tiustees of an incor- porated town have power to execute a valid negotiable promissory note, by and in the name of such trustees, binding upon the school corporation for any debt contracted for the benefit of its property. — School Town of Monti- cello V. Kendall, ?2 Ind. 91. A note executed by a school trustee and given in payment for certain school maps was held to bind the school corporation. —Moral School Tp. v. Harrison, 74 Ind? 93. The same was true of a note given for dictionaries. — Jackson School Tp. v. Hadley, 59 Ind. 534. And for school furniture. — Johnson School Tp. v. Bank, 81 Ind. 515. But school trustees have no power to bind their corporations by notes given for money borrowed. — Wallis v. Johnson School Tp., 75 Ind. 368. Yet a township trustee may execute a note for school furniture that is prima facie valid and binding on the school township. — Miller v. White SCttOOL LAW OP INDIANA. 121 River School Tp., 101 lud. 503. See also Litten v. Wright School Tp., 127 Ind. SI. 10. May anticipate certain revenues. The only portion of the school revenues which the school trustees may not expend in anticipation is the school revenue for tuition belonging to the state and by it apportioned. — Harney v. Wooden, SO Ind. ITS. But this is very far from deciding that money may be borrowed by the trustee.^Wallis v. Johnson School Tp., 75 Ind. 368. 11. When may issue bonds. A township trustee, in Case of a bequest or gift exceeding five thousand dollars, to an unincorporated town in his township, conditioned upon the raising of a like sum by the citizens of the township, may, upon petition of a majority of the legal voters thereof, issue and sell the bonds of the township to an amount not exceeding fifteen thousand dollars. — § 356. School bonds of cities and incorporated towns are issued by the common council or board of town trustee^, but in no case by the school board. — 153 Ind. 267. 12. Result of the decisions. The conclusion, from a careful compari- son of the authorities, is that school trustees have no power to borrow money; but they may bind their corporations by promissory notes for the payment in future of valid pre-existing debts, or for the repayment of money advanced to liquidate such debts. The indebtedness of all corpora- tions is limited by the constitution (R. S. ISSl, §220; R. S. 1901, §220; R. S. 1897, §220) to two per cent, on the value of taxable property. 13. Certificates of indebtedness. Certificates of indebtedness issued without any consideration are invalid, and can not be enforced against the township, even if the proper officers promise to pay them. — Axt v. Jackson School Tp., 90 Ind. 101. Such a certificate is void even in the hands of an innocent purchaser. — State v. Hawes, 112 Ind. 323 ; Boyd v. Mill Creek School Tp., 114 Ind. 210 ; Grimsley v. State, 116 Ind. 130. 14. Suits, how brought. In an action against a school township for articles purchased by the township, it must be shown that they were suit- able or necessary, and that they were received or used by the township. — Reeve School Tp. v. Dodsou, 98 Ind. 497 ; Bloomington School Tp. v. Na- tional School Furnishing Co., 107 lud. 43; State v. Hawes, 112 Ind. 323. Delivery of- the goods to a railroad company to be transported to the town- ship is not such a delivery as will bind the township for goods purchased which are not suitable ; but if actually received by the township and used, the contract is valid. — Boyd v. Mill Creek Tp., 114 Ind. 210; Litten v. Wright School Tp., 127 Ind. 81. 15. Misappropriation. A trustee of schools who has had no part in the misappropriation of funds of the corporation is not liable therefor. — State V. Julian, 93 Ind. 292. 16. Sessions of board or county commissioners. The sessions of the board of county commissioners under this section are for the sole purpose of receiving from the school trustees reports, as herein provided for, and taking action thereon, and the board has no power to transact any other business.- — Fahlor v. Board of Commissioners, 101 Ind. 167 ; Heim v. State, 145 Ind. 605. 122 SCflOOL LAW OI' INDIATCA. 17. Who may being action on bond. The incoming town or city treasurer js tlie proper person to bring suit against tlie outgoing treasurer, on tiis bond, for a failure to turn over the school funds to him ■; and he may do so without an order of the board of county commissioners. — Hiatt V. State, 110 Ind. 472 ; Strong v. State, 75 Ind. 440. And if he fails to bring such a suit he is liable on his bond, even though his predecessor be insolvent, if his sureties are financially responsible. — State v. Mock, 21 Ind. App. 629. 18. OvEKPAYMENT. If a treasurer pays more than he is required to pay to his successor, he must bring an action to recover the amount of such overpayment within six years after the fact of payment; and if such over- payment was occasioned by his failure to keep proper vouchers and ac- counts, and he settled with the county cosnmissioners without making claim therefor, he can not recover the amount thereof. — Butt v. Jennings School Tp., 81 Ind. 69. 19. Advancing money. A township trustee, who, in good faith, em- ploys necessary and proper teachers, and when it is unexpectedly found that the public funds provided are insufficient to pay them in full, advances the deficit out of his own money, has a demand against the school town- ship which he may recover. — Kiefer v. Troy School Tp., 102 Ind. 279 ; Murphy v. Oren, 121 Ind. 59. And so may a city or town treasurer who advances money under like circumstances. 20. Mixing funds. The several school funds should be kept separate ; but if payment is made out of the wrong fund, the fund from which it should have been made can be drawn upon to make up the deficiency in the overdrawn fund ; and in a suit against the trustee, he should have credit in this way. — State v. Finney, 125. Ind. 427; Murphy v. Oren, 121 Ind. 59; Finney v. State, 126 Ind. 577. 21. Officer de facto liable can not deny liability. It is no defense to an action by a school corporation to recover its moneys of one who had intruded unlawfully into the office of treasurer of the corporation, that an- other is holding that otflce. — Lucas v. State, 86 Ind. 180. 22. Ownership of fund. The officer holding the school funds for the time being is the owner thereof, but is not entitled to any interest that he may receive by a loan of the funds. — Winchester Electric Light Co. v. Veal, 145 Ind. 506, practically overrules Brown v. State, 78 Ind. 239; Bocard v. State, 79 Ind. 270; Rock v. Stinger, 36 Ind. 346; Shelton v. State, 53 Ind. 331 ; and if he receives the interest accruing on warrants issued by the county auditor o'n the county treasurer, he is liable for the amount of such interest thus received. — Hadley v. State, 66 Ind. 271. 23. Refunding to trustee. An act of the legislatare refunding to a school trustee, out of the funds of his school corporation, moneys lost with- out his fault is valid.— Mount v. State, 90 Ind. 29. 24. Right of new town to part of school revenue. When new town is organized within township after school revenue is received, the town is entitled to its share; tlie trustee may be compelled by mandate to pay it o^e^ to the town school trustees, who are the proper relators in such suit. —Hon v. State, 89 Ind.. 249. 25. Depositing in bank. School trustees may lawfully deposit the SCHOOL LAW OF TTiTDTAISrA. 123 funds of their township in a bank, but may not loan them to such banli. — Winchester Electric Light Co. v. Veal, 145 Ind. 506; Meridian National Bank v. Hauser, 145 Ind. 496. 26. Township advisory boakd law. All the decisions cited above con- cerning the creation of township debts were rendered before the enactment of the advisory board law. Contracts now to be valid must be made in accordance with its provisions. See section 464. — Peck-Williamson, etc., Co. V. Steen School Tp.. 30 Ind. App. 637 ; 66 N. E. Rep. 909 ; and see Moss V. Sugar Ridge Tp., 67 N. E. Rep. 460. 27. Repoet not CONCLUSIVE. The report of the trustee is not final nor conclusive, and its truthfulness may be inquired into. — State v. Board, 136 Ind. 207. 28. Officer de facto. Where trustees have been duly elected, commis- sioned and qualified, giving the bonds required by law. such bonds will be binding, and although the trustees may be disqualified from holding the office, if the question were properly presented, yet funds coming into their hands while acting will be secured by their bonds. — Woollen, Atty.-Gen. [1865, p. 3. Approved and in force March 6, 1865] 131. Record — Duty as to- revenue. 8. The trustees shall keep a record of their proceedings relative to the schools, includijig all" orders and allowances on account thereof; in- cluding, also, accounts of all receipts and expenditures of school revenue, distinguishing between the special school revenue belonging to their township, town or city, and the school revenue for tuition, which belongs to the state, and by it apportioned to their township, town or city; which said revenue for tuition they shall not permit to be ex- pended for any other purpose, nor even for that purpose in advance of its apportionment to their respective corpora- tions. (E. S. 1881, § 4442; R. S. 1901, § 5918; E. S. 1897, § 6136.) 1. Liability. A trustee of schools who has had no part in the misap- plication of tuition revenue is not liabJfe therefor. — State v. Julian, 93 Ind. 292. 2. Inspection of books. School trustee's records, either of a city, town or township, are public records, always open for public inspection, and any one interested therein has a right to examine them. — Anderson School Township v. Thompson, 92 Ind. 556. 3. Effect of report. The trustee's statement of the amount of money he has received from his predecessor is conclusive on him, in a suit on his bond, but not on his sureties. — State v. Mock, 21 Ind. App. 629. See State V. Board, 136 Ind. 207. 124 SCHOOL LAW OF USTDIANA. 132. Annual statemient. 9. The townshsip trustees and the school trustees of incorporated towns and cities shall, immediately after their annual settlements with, the county commissioners, in August, make a full statement of all their receipts and expenditures, for the year preceding, relative to their schools. (R. S. 1881, § 4443; E. S. 1901, § 5919; R. S. 1897, § 6137.) [1901, p. 514. Approved March 11, 1901. In force May, 1901.] 133. General duties. 1. The school trustees shall take charge of the educational affairs of their respective town- ships, towns and cities. They shall employ teachers, estab- lish and locate conveniently a sufficient number of schools for the education of the children therein, and build, or otherwise provide suitable houses, furniture, apparatus and other articles and educational appliances necessary for the thorough organization and efficient management of said schools. Such school trustees may also establish and main- tain in their respective corporations, as near the center of the township as seems wise, at least one separate graded high school, to which shall be admitted all pupils who are sufficiently advanced: Provided, That the school trustees of two or more school corporations may establish and main- tain joint graded high school [s] in lieu of separate graded high schools, and when so done they jointly shall have the care, management and maintenance thereof: Provided fur- ther. That any trustee, instead of building a separate grad- ed high school for his township shall transfer the pupils of his township competent to enter a graded high school to another school corporation: Provided further. That all payments of tuition, provided for under this act, heretofore made by school trustees for such high school privileges, are hereby legalized: Provided further, That no such graded high school shall be so built unless there are at the time such house is built at least twenty-five common school graduates of school age residing in the township. 1. Power of teustee. The township trustee is clothed with almost autocratic power in all school matters. The voters and taxpayers of the SCHOOL LAW OF INDIANA. 125 township have but little, if indeed any, voice or part in the control of the details of educational alfairs. So far as actual authority is concerned, the trustee is the corporation, although in contemplation of law it is otherwise. — Wallace v. Johnson Tp., 15 Ind. 308 ; Bicknell v. Widner School Tp., 73 Ind. .501. 2. Patrons gain not designate teacheks. There ie no provision of the law authorizing any other person than the trustee to select a teacher. It is therefore held that the provision authorizing the trustee to employ teach- ers, also authorizes him to select them, and that school meetings are not empowered by the law to designate or employ teachers. — Rumble v. Parker, 27 Ind. App. 09. 3. County can not build school house, A board of county commis- sioners has no authority to make an appropriation of any sum out of the general fund of their county for the erection of a school building. — Roth- rock V. Carr, 55 Ind. 334. 4. Abandoned coepokation. In case a town abandons its corporation, the powers and duties of the Ixuird of school trustees cease, the township trustee succeeds thereto, and it becomes his duty to take charge of the schools without special notice. 5. Trustee can not employ himsei.v. A township trustee, being the agent of the state to ejnploy teachers for tlie public schools, is not author- ized to employ himself. 6. Contracts with teachers. A teacher contracts with the school tow"nship through its trustee, and although the trustee squanders the town- ship funds and his bond is worthless, yet the township is liable to pay the teacher as specified in tlie contract. — Harrison School Tp. v. McGregor, 9(5 Ind. 185 ; Harmony School Tp. v. Moore, 80 Ind. 276. Verbal contract held valid. Jackson School Tp. v. Shera, 8 Ind. App. 330 ; Fairplay School Tp. V. O'Neal, 127 Ind. 95; School Town of Rochester v. Shaw, 100 Ind. 268. Nor can the school trustee, without cause, revoke a contract of employment before the commencement of the term of service specified in the contract, eyen under a provision in the contract to the effect that the employment is subject to the right of the trustee to remove the teacher at any time upon a week's notice or any other length of time. — School City of Lafayette v. Bloom, 17 Ind. App. 461. 7. When contracts may be made. See sec. 3421/4 for time of making contracts for a township teacher. But a contract made by the board of school trustees of an incorporated town or city with a school superiiitendent, prior to the annual election of a new member of the boai'd and the reorganization required by statute, for services to be performed after the election of such member, is valid and binding on the school corporation. — Reubelt v. Scliool Town of Noblesville, 106 Ind. 478. 8. Resignation of teacher. The relation existing between trustee and teacher is based on a contract. A teacher can not resign and escape liability without the consent of the trustee. To abandon his school with- out such consent is a violation of his contract, and gives the trustee a claim against him for any d:images actually sustained by the school in con- sequence thereof. 126 SCHOOL LAW OF INDIANA. 9. Location op houses — Titij:. The title to property on which a school house is to be biailt must be in the school corporation ; and by proper proceedings land may be condemned for school purposes. Trustees must not build outside their own jurisdiction, since the fran- chise of a school corporation can not extend beyond its own territory so as to attach to land or school buildings outside the corporate limits. — Mt. Carmel v. Shields, 6G Ind. 521. 10. Providing houses, furniture, etc. The school authorities are not bound to furnish educational facilities beyond those which the funds, de- voted by law to that purpose, will yield. It is not for them to burden the school township with debt by borrowing money. Their duty is fully per- formed and their power completely exhausted when they have properly expended all money derived from the school revenue. — Wallis v. Johnson School Tp., 75 Ind. 308. But where money had been loaned to a township trustee for the purpose of completing a needed and suitable school house, the school township receiving the benefit of the loan was held to be liable therefor.— Bicknell v. Widner School Tp., 73 Ind. 501. 11. Furniture. The trustees were formerly under the law judges whether furniture was needed ; and contracts therefor, and in consideration of the purchase of maps and dictionaries, bound the corporation. — Moral School Tj). V. Harrison, 74 Ind. !)3 ; Johnson School Tp. v. Bank, 81 Ind. 515 ; Jackson School p. v. Iladley, 5!) Ind. 534 ; Clark School Tp. v. Gros- sius, 20 Ind. App. 322; Miller v. ^Yhite River School Tp., 101 Ind. 510; but now such i)urchases for a township must first be directed by the township advisory board. — 0(5 X. E. Rep. 900. 12. Contracts of trustees. Contracts for the benefit of school corpo- rations, whether to build houses, employ teachers or purchase supplies or apparatus, should be made by the trustee in the name of the school, not the civil, corporation.- — Hornby v. State, 09 lud. 102 ; Harrison Tp. v. Mc- Gregor, 07 Ind. 380. A school town is bound, as such, for the contract price of material fur- nished and labor performed by another, in the erection of a school building fq,r such town, under a parol contract therefor, made with him by the school trustees of such town (School Town Princeton v. Gebhart, 01 Ind. 187), but a mechanic's lien can not be taken upon the building for mate- rials furnished therefor and labor performed thereupon. — Fatout v. Board of School Com., 102 Ind. 223. A suit to set aside a contract for the building of a school house and to enjoin the doing of the w'ork, on the ground of fraud on the part of the township trustee, in the making of the contract, is properly brought in the name of the state, for the use of the civil township. — State v. Earhart, 27 Ind. 119. A contract by a school trustee foF the improvement of school propeFj;y, by the terms of which he is to share in the profits is void, both at common law, and under the statute.- — Wingate v. Harrison School Tp., 59 Ind. 520. The penalty for such corrupt interest in contracts is a fine of from three hundred to one thousand dollars, and imprisonment for from two to fourteen years.— R. S. 1881, §2049 ; R. S. 1901, §2130 ; R. S. 1897, §2102. SCHOOL LAW OF INDIANA. 127 10. Graded schools. Ihis section gives tlie trustees ample power to organize, at their discretion, such a system of free schools as the peculiar circumstances of their townships may require. The schools may be all of the same grade, or of two or three more grades. They may classify the children of the township according to acquirements. They may authorize the teaching of any branches of science, literature and art which public interest and public opinion may require. A graded school is a school in which the pupils are placed in different rooms and under different teachers, according to advancement. Conse- quently, the greater the number of rooms and teachers for any given school the more favorable the means for perfect grading. From this it will be seen that a graded school as contemplated in the above section can not exist wuth less than two teachers. With one the school may be classi- fied but not graded. Trustees will therefore have regard to this element when they put up buildings designed for graded school. 2d. As to the time when a graded school should be established for any given township, no definite directions can be given. There are too many local elements to ad- mit of any special directions. It is, however, safe to say that whenever there are pupils in the township whose advancement is such that the dis- trict schools can not furnish them instruction, at that moment begins the need of a township graded school furnishing instruction of a higher grade. The trustee must, however, be satisfied that the number of such pupils is sufficient to justify the establishment of such a school before providing the same. 3d. As to place, that whenever practicable the township graded school should be established in connection with a district school, thus economizing in building, perhaps in teaching, also furnishing the means of a more thorough grading in at least one primary school in the township. A village, if centrally located, is usually a favorable place for the township school. The separation of pupils into different schools or departments, accord- ing to age and acquirements, is not an abridgement of their rights. — Corey V. Carter, 48 Ind. 360 ; State v. Grubb, 85 Ind. 213 ; State v. Gray, 93 Ind. 303. 11. Custody of school property. The trustee of each school district has charge and possession of the school house, for, although the director has the charge for certain purposes, he acts under the order and with the concurrence of the trustee. — llurd v. Walters, 48 Ind. 148. 15 O'tDERS WITHOUT CONSIDERATION VOID. Where the trustee of a school township has issued an order or certificate of indebtedness, in the name of his township, without any consideration therefor, such order or certificate is invalid and void, and can not be enforced against the town- ship; nor in such cases will the acts, conduct or promises of the trustee, or his successors in office, estop the township from pleading the want of consideration as a sufficient defense to any suit against it upon such order or certificate. — Axt v. Jackson School Tp., 90 Ind. 101. IC). Rules and REGULATioNit. School boards and other educational au- thorities have power to adopt appropriate rules and regulations for the gov- ernment of the schools under their control. It is not necessary that all 128 SCHOOL LAW OF INDIANA. such rules shall be made a matter of record, nor that every act, order or direction affecting their management shall be authorized or confirmed by a formal vote ; but any reasonable rule adopted by a superintendent or teacher not inconsistent with some statute or some other rule prescribed by higher authority, is binding upon the pupils. A rule requiring the su- perintendent of a city school to visit weekly all the schools under his charge, and to see that the best methods of instruction are adopted, con- fers upon him authority, if it were otherwise wanting, to order and pro- mulgate such additional reasonable rules as the best interests of the schools may require. In the enforcement of all rules for the government of a school due regard must be had to the health, comfort, age, mental and physical condition of the pupils ; and to the circumstance attending such particular emergency, and the condition of the weather, the infirmity of a pupil, and the like, may require relaxation in their strict enforcement. A school regulation must not only be reasonable within itself, but its enforce- ment must also be reasonable under all the circumstances. The habit of locking the doors of a school room during the opening exercises is not an unreasonable enforcement, under ordinary circumstances, of a rule requir- ing pupils to remain in the hall during that, time ; but if the weather is unusually severe, and proper steps are not taken for the comfort of chil- dren thus excluded, such method of enforcement is unreasonable and im- proper. A rule requiring tardy pupils to remain either in the hall of the school building, which is provided with heat, or in the office of the prin- cipal, until the opening exercises, lasting from ten to fifteen minutes, are concluded, in order tliat such exercises may not be interrupted or dis- turbed, is in itself a reasonable regulation. Such detention as a penalty for some omission or misconduct is one of the recognized methods of en- forcing discipline and promoting the progress of pupils in the common schools, and although the cause for such detention be mistaken, it possesses none of the elements of false imprisonment, unless imposed from wanton, willful or malicious motives. A school officer is not personally liable for a mere mistake of judgment in the government of his school ; but to render him liable it must be shown that he acted in the manner complained of wantonly, willfully or maliciously. — Fertich v. Michener, 111 Ind. 472 ; State V. Beil, 1-57 Ind. 25. 17. Contagious msease. Where a school town contracts with a teacher for a certain number of weeks of service, and, before the expira- tion of the term, closes the school upon order of the county board of health because of the prevalence of diphtheria, it is liable for the teacher's salary for the time the school is closed, the non-performance of the contract not being due to an act of God. — School Town of Carthage v. Gray, 10 Ind. App. 428. IS. Closing school on accoitkt of EPJDEjvnos. If a teacher objects to closing school on account of epidemics he may be compelled to do so by order from the secretary of the board of health. — R. S. 1901, § 6719. 19. Power as to rules and regulations. Under the statutes of this state, construed in connection with the incidental powers of corporations, the various school boards and other educational authorities, have power SCHOOL LAW OF USTDIAlSrA. ' 129 to adopt appropriate rules and regulations for the government of the schools under their control. — Fertich v. Michener, 111 Ind. 472. 2(1. RtXES MUST BE REASONABLE U>^DER THE CIRCUMSTANCES. A SChOOl regulation must not only be reasonable in itself, but its enforcement must also be reasonable under all the circumstances. — Fertich v. Michener, 111 Ind. 472. 21. Mandamus thf propei! acjion to roMi'Ei. the performance of a MINISTERIAL DUTY. Mandamus is the proper action to compel any officer to perform a ministerial duty, but mandamus will not lie to compel the performance of a discretionary duty. — State v. Schmetzer, 156 Ind. 528. 22. Bribery of public officer. To offer a receipt for more than the cost of any kind of apparatus to induce an officer to purchase is bribery. — State Y. McDonald, 106 Ind. 233. 23. Courts will not review discretionary acts if not abused. It is a general rule that courts will not I'evise the exercise of discretionary au- thority by a public officer, for as long as he acts in good faith and within the general scope of his authority, he is not subject to judicial control. — Tufts V. State, 1 19 Ind. 232 ; Weaver v. Templin, 113 Ind. 298 ; Leeds v. City of Richmond, 102 Ind. 372 ; City of Kokomo v. Mahan, 100 Ind. 242 ; Mayor, etc., v. Roberts, 34 Ind.* 4 71. 24. Student.s MUST SUBMIT TO NECESSARY RiTLEs. A studcnt is re- quired to suTjmit to any proper rule necessary for the good government of the school.— State v. White, 82 Ind. 278. 25. Conspiracy to defraud invalidates township orders, and actual VALUE OF goods CAN NOT BE OBTAINED. The Certificate upon which the ac- tion Avas predicated originated in an unlawful and corrupt conspiracy to defraud a public corporation. An agreement or conspiracy between two persons which has for its object the perpetration of a fraud or civil injury upon another, is illegal ; and any agreement to carry out or consummate a scheme which involves a breach of trust, or official duty, is unlawful and void. And the actual value of the goods furnished the township can not be recovered. — Kittenger v. Monroe School Tp., 3 Ind. App. 411 ; Boyd v. Mill Creek School Tp., 124 Ind. !93. 26. Delivery and acceptance of sitplies. -The delivery of the goods to a railroad company by the vender is not such a delivery as is required to make the school township liable upon a contract which its trustee had no authority to make. In such a case liability is based upon the actual acceptance and appropriation of the goods. — Boyd v. Mill Creek School Tp., 114 Ind. 210. But this case has been modified by Boyd v. Mill Creek School Tp., 124 Ind. 103, and Kittenger v. Monroe School Tp., 3 Ind. App. 411, «here fraud appears. See also 127 Ind. 81. 27. Mechanic's lien agaIj»st public policy. A mechanic's lien for work done, or materials furnished, in the erection of a public school house, can not be acquired or enforced. It is against public policy. — Fatout v. Board, 102 Ind. 223. But a boiid exer-uted by a contractor to a township trustee in the construction of a school house, conditioned that the contractor should pay for all material used in the construction of the building, inures to the benefit of one furnishing the material for the construction of the 130 SCHOOL LAW OF INDIANA. building, and lie may maintain an action on it. — King v. Downey, 24 Ind. App. 262. 28. Township mfst own or lkase schooi, premises. A school trus- tee has no lawful authority to provide furniture for a room for school pur- poses, or employ teachers for services therein, unless such room is owned or leased by the school township ; and even if the county superintendent, on appeal, direct him to do so, lie may properly disobey the order, and man- date will not He to compel him to obey it. — State v. Sherman, 90 Ind. 123. 29. Discretion of trustees. Previous to 1899 the trustees were sole judges of the right to purchase property for .ioint schools. — Craig School Tp. v. Scott, 124 Ind. 72. 30. A^icciNATiON. Under R. S. 1901, § 6711, the state board of health may adopt rules and regulations to prevent the spread of contagious and infectious diseases; and under R. S. 1901, § 6718, it may require local boards of health to protect the public health and prevent the spread of con- tagious- disease; and such local board of health may require that school children shall be vaccinated as a sanitary condition imposed upon their privilege to attend the public schools during a period of threatened epi- demic; of smallpox. — Blue v. Beach, 155 Ind. 121. The school trustees of a city or town or of a township may be compelled by mandamus to enforce such a rule.— State v. Beil, 157 Ind. 25. 31. Mandate to require a trustee to provide a school. A township trustee can not by mandate be compelled to locate a school at a particular place, nor to rebuild one at the place where the old one burned down. — State V. Schmetzer, 156 Ind. 528. .32, Pay of oraded school teachers. A township graded school is a common school, as it is open alike to all the childi'en of the township who are sufficiently qualified for admission. Therefore, township trustees have the right to pay principals and teachers of graded schools for all services which they render as teachers In such schools, from the school revenue for tuition apportioned by the state. 33. Must control school premises. A school trustee has no author- ity to provide furniture for a room for school purposes, or to employ a teacher for ser-\ice therein, unless such room is owned or leased by the school township. — State v. Sherman, 90 Ind. 123. 34. High school. A trustee may establish a high school of his own motion, if he has in the township twenty-five graduates of high school age. No petition is necessary for its establishment. 35. High school graduates. Graduates for township high schools maintaining a course fewer than four years are entitled to transfers to other high schools until the four years' course is completed. 134. Duration of school in any year. 2. Said school trustees shall maintain in each school corporation a term of school at least six months in duration, and shall authorize a local tuition levy sufficient to conduct a six months' term of school each year based on estimates and receipts from SCHOOL LAW OF INDIANA. 131 all sources for the previous year, which may include that received from the state 's tuition revenue : Provided, Such levy shall not exceed the limit now provided by law. (R. S. 1901, § 5920a.) 1. NoTii;. Each sciiool in the township vShould be taught, as nearly as possible, an equal length of time. — Harmony Tp. v. Moore, 80 Ind. 276. 2. Donations. Donations may be received by the school authorities to extend the term of scliool, and the schools continued accordingly. [1907, p. 385. Approved March 9, 1907. In force April 10, 1907.] 135. Janitors — Care and management of school prop- erty. 3. Said school trustees shall have the care and man- agement of all property, real and personal, belonging to their respective corporations for common school purposes, except the congressional township school lands, which lands shall be under the care and management of the trus- tees of the civil township to which such lands belong. Said school trustees shall provide such janitor help as may be deemed necessary to properly care for the schools and premises under their control, and such janitors shall be paid from the special school funds of the township. [1873, p. 68. Approved and in force March 8, 1873.] 136. Superintendent in cities and towns. 12. The school trustees of incorporated towns and cities shall have power to employ a superintendent for their schools (whose salary shall be paid from the special school revenue), and to pre- scribe his duties, and to direct in the discharge of the same. (E. S. 1881, § 4445; R. S. 1901, § 5924; R. S. 1897, § 6145.) 1. Compensation. In case a person is employed to superintend part of the time and teach part of the time, he can be paid for the services he renders as superintendent out of the special revenue, and for the services he renders as teacher out of the tuition revenue. If paid anything from the latter, he must possess a valid license. 2. Length of employment. A city or town superintendent may be employed for one or more years, but it is not advisable to employ him for more than three. 3. Old boakd. An old board may employ a superintendent for a term to commence after the reorganir^^ation of such board by the incoming of a new trustee. [9] . 132 SCHOOL LAW OF INDIANA. 137. Joint graded schools. 13. The school trustees of two or more distinct municipal corporations for school pur- poses shall have power to establish joint graded schools, or such modifications of them as may be practicable, and pro- vide for admitting into the higher departments of their graded schools, from the primary schools of their corpora- tions, such pupils as are sufficiently advanced for such ad- mission. Said trustees shall have the care and manage- ment of such graded schools, and they shall select the teachers therefor. They shall have power to pur- chase suitable grounds for such graded schools, and erect suitable buildings thereon; and the title to all such prop- erty, acquired for such purposes, shall vest jointly in the corporations establishing the graded schools. (R. S. 1881, § 4446; E. S. 1901, § 5925; E. S. 1897, § 6146.) 1. Management and supervision. A joint graded school, as to its management and teacliers, is snbject to tlie same laws, rules and regu- lation^^ as township graded school [§ 187]. except that it is under the joint management of the school trustees of both corporations. But the teachers should attend the institutes of the countj' and township in which the school is sitaated, and should be under the supervision of the superintendent of that county. 2. PuKCHASE OF PROPERTY. The two Corporations may purchase joint- ly real estate: and the trustees are the sole judges of the right to pur- chase property of this character. — Craig School Tp. v. Scott, 124 Ind. 72. 3. Ma.vaueieent 01'- joint graded schools. The trustees act as indi- vidual trustees, and do not as a unit represent their respective corporations. A majority of the whole hoard of trustees, whether such majority come from one corporation entirely, or from the different corporations interested, have the power to transact any and all business, including the employment of teachers relating to such joint graded school. — Hanover School Tp. v. Gant, 125 Ind. 557. 4. New statute. The above section must be construed in connection with section 143. 5. Joint graded schools — Appeal. An incorporated town- and town- ship can unite and establish a joint graded school, and it will not be neces- sary for the town to extend its limits so as to enclose the site of the school house. The town and township .luthorities have no power to enter into' an agreement with an incorporated association for school purposes, that the three shall run and control one school, and that such association shall have equal control over the school with such town and township authorities. The control of the public school can not be fettered by any private per- son. Possibly an appeal will lie from the decision of two township trus- SCHOOL LAW OF INDIANA. 133 tees refusing to build a joint graded school house. In ease two township trustees of different counties are petitioned to build such a school house, the siiperintendent of tliat county to whom au ajipeal is first taken would have jurisdiction of the case to the exclusion of the superintendent of the other county. It is a new question, but this is my best judgment in the matter. — Baldwin, Atty.-Gen. 6. Peopoktional coNTBiBUTioNS. While the section that provides for the establishment of jomt graded schools by two or more distinct corpora- tions in silent as to th<> proportion m which each shall contribute to the expense, yet I am of opinion that their contributions should be in propor- tion to the number of pupils they will each send to the new school. Such is the rule in the case of joint district schools, and I think the same rea- sons apply to joint schools of all kinds. [1907, p'. 323. Approved March 9^ 1907. In force April 10, 1907.] 138. Common schools defined — High school coursies. 1. The public schools of the state shall be and are defined and distinguished as (a) elementary schools and (b) high schools. The elementary schools shall include the first eight (8) years of school work, and the course of study for such years [that] which is now prescribed or may here- after be prescribed by law. The commissioned high schools shall include not less than four (4) years' work following the eight years in the elementary schools. The high school course in non-commissioned high schools shall be uniform throughout the state and shall follow a course to be estab- lished and amended or altered from time to time as occasion may arise, by the state board of education. 139. High school studies. 2. The following enumerated studies shall be taught in all commissioned high schools throughout the state, together with such additional studies as any local board of education may elect to have taught in its high school : Provided, That such additions shall be sub- ject to revision of the state board of education. Mathe- matics: Commercial arithmetic, algebra, geometry. His- tory: United States, ancient, medieval or modern. Geog- raphy: Commercial or physical. English: Composition, rhetoric. Literature: English, American. Language (for- eign) : Latin or German. Science: Biology, physics or 134 SCHOOL LAW OF INDIANA. chemistry. Civil government: General, state. Drawing. Music. [1877, p. 125. Approved and in force March 6, 1877.] 140. School house for several townships. 1. The trus- tees of two or more adjacent counties or townships may establish a new school district, and build a school house therein at the joint expense of their several townships, whenever, in their judgment, it shall appear necessary for the better accommodation of the people of their respective townships: Provided, That such necessity must be set forth in a petition of the persons making the request — such petition to be presented to each of said trustees. And said trustees shall, at the time agreed upon by them, not less than ten days nor more than thirty days from the time of receiving such petition, hold a joint meeting, for the pur-' pose of declaring whether such petition shall be granted, and take such further action as the case may require. (R. S. 1881, § 4512; E. S. 1901, § 6001; R. S. 1897, § 6222.) 1. RErEAL. The belief has prevailed that this and the next section had been either repealed or become obsolete; but the legislature in 1903, by the enactment of section 142, below, recognized it as being still in force. 2. If one trustee purchase a school liouse site without the knowledge and consent of the others, the latter can not be compelled to contribute towards the construction of a school house upon such site. — Henricks v. State, 151 Ind. 454; Henricks v. State. 156 Ind. 185. 141. Cost of erecting. 2. Each township shall bear part of the expense of establishing such joint district school as the number of chifdren of school age residing in each town- ship and attaching themselves to said new district at the time of the formation, bears to the whole number of chil- dren of school age who are attached to said district at its formation; and each township shall assume its share of the debt so incurred. But when said school shall be estab- lished, it shall be supported by the township in which it is established, in the manner already prescribed by law. (R. S. 1881, § 4513; R. S. 1901, § 6002; R. S. 1897, § 6223.) 1. Title, joint. The deed for the property should be in the name of all the corporations interested, but after the building is completed and paid for the partnership ceases, and the school house passes under the control of the trustee of the township within whose limits the house is situated. SCHOOL LAW OF INDIANA. 135 [1903, p. 431. Approved and in force March 10, 1903.] 142. Advisory board — Emergency for action. 1. When- ever a majority of the school patrons of two or more ad- joining school districts, located in two or more adjacent townships, may heretofore have petitioned, or whenever they may hereafter petition, in substantial compliance with the provisions of section 1 of an act of the general assembly of the state of Indiana, in force March 6, 1877, being section 6001, Bnrns' revised statutes 1901, to the trustees of said townships for the establishment of a new school district and the erection of a joint school house for a joint or joint grad- ed school, at the place named in said petition, for the accom- modation of the school children residing in said school dis- trict, and if said trustees shall have granted, or may here- after grant, the prayer of said petition, or if an appeal may have been taken, or may hereafter be taken, to the county superintendent, from the decision of said trustees, refusing to grant the prayer of said petition, under the provisions of section 6028, Burns ' revised statutes 1901, and if on such appeal said superintendent may have granted, or may here- after grant, the prayer of said petition, then, in either of such events, an emergency shall thereby exist for the procurement of a site and the erection of such school house, as contemplated by section 8085f, Bums' Ee- vised Statutes 1901, and if there is not sufficient money on hand for the purpose, the trustees and the advisory boards of said townships shall proceed to raise the money neces- sary "to meet such emergency, as provided by said section, and shall also procure the necessary site for the erection of said school house and erect and maintain the same as pro- vided by law. 1. Note. See section 4G8 for section 8085f. [1901, p. 53. Approved February 28, 1901. In force May, 1901-1 143. Joint school district — Petition. 1. The trustees of two or more adjacent school corporations may 'establish a new school district and build a school house therein at the 136 SCHOOL LAW OF INDIANA. joint expense of their several corporations, whenever, in their judgment, it shall appear necessary for the better ac- commodation of the people of their respective corporations. Provided, That such necessity must be set forth in a peti- tion of the persons making the request, such petition to be presented to each of said trustees. And said trustees shall, at the tirhe agreed upon by them, not less than ten days nor more than thirty days from the time of receiving such peti- tion, hold a joint meeting for the purpose of declaring whether such petition shall be granted, and take further action as the case may require. (R. S. 1901, § 6002a.) 1. ]N'0TE. An appeal lies to the county superintendent by the peti- tioners if the trustees do not grant the petition; but such superintendent can not direct one trustee, where the other disagrees with him, to make the selection of a site for the school house, nor to purchase a lot without his consent. — Hendricks v. State, 151 Ind. 45-1. See also Hendricks v. State, 156 Ind. 185. 144. Expense of establishing — Control of school. 2. Each corporation shall bear such part of the expense of establishing such joint district school as the number of children of school age residing in each corporation and at- taching themselves to said new district at the time of the formation, bears to the whole number of children of school age who are attached to said district at its formation and each corporation shall assume its share of the debt so in- curred. But when said school shall be established it shall be controlled by the corporation in which it is established in the manner already prescribed by law. 145. Expense of maintenance. 3. The children of school age resident in a joint district already established or here- after established shall be admitted to the joint school main- tained therein, without transfer certificates or tuition charge. The trustees of the various corporations from which the joint district is made shall pay such part of the cost of maintaining the joint school as the number of pupils enrolled from each corporation bears to the whole number enrolled in the joint school. SCHOOL LAW OF INDIANA. 137 [1901, p. 437. Approved and in force March 11, 1901,] 146. Abandonment of school district or corporation. 1. Whenever a majority of the legal voters of any school dis- trict or corporation shall petition the trustee or trustees of snch school district or corporation for the abandonment of their schools and the consolidation of their schools with the schools of some other school district or corporation in 'the same township, it shall be the dnty of the trustee or trustees of such school district or corporation to comply with such petition, and to provide for the education of the children of such abandoned district or corporation in other schools as asked for in such petition. (E. S'. 1901, § 5920g.) ]. Note. See section 147. [1901. p. 159. Approved and in force March 7, 1901.] 147. Consent of voters to abandonment. 1. No town- ship trustee shall abandon any district school in his town- ship until he shall have first procured the written consent therefor signed by a majority of those legal voters who are entitled to vote for township trustee in such district : Pro- vided, This act shall not apply to schools which have an average daily attendance of twelve (12) pupils or fewer. It shall be the duty of every township trustee to re-estab- lish any district school so abandoned upon the written petition of two-thirds of the legal voters who are entitled to vote for township trustee in such district. (R. S. 1901, § 5920f.) 1. Petition. A petition to re-establisti a school must be addressed to the township trustee. 2. Average daily attendance. Tlie attendance for an entire school year inust be taken Into account before a school can be abandoned. There must be an attendance of twelve or fewer for a term to abandon a school without a petition. 8. ilE-ESTABLisHEU. A trustee who has abandoned a school because the attendance was twelve or fewer can not be compelled to re-establish it, even if petitioned to do so. The clause of the statute making it the duty of the trustee "to re-estab- lish any district school so abandoned," applies only to those schools which have been abandoned upon petition. 138 SCHOOL LAW OF INDIANA. 4. Teaksfebred pupils not to be counted. In determining the daily average attendance, pupils attending who have been transferred to the school are not to be counted. 5. Patbon whose children have been transferred — Votes. A pa- tron whose children have been transferred can not sign a petition for the abandonment of a school. 6. Voters of district. The voters of the school district are those who are attached to the district for school purposes, having children entitled to attend the public schoolt. 7. Re-establishmetst — Duty of trusted. If a school has been legally abandoned, and there are more than twelve pupils in the district to be ac- commodated (not counting transfers either to oi" fro^n the district), and the trustee is properly petitioned by the necessary number of voters of the district to re-establish it, it becomes liis duty to comply with the request of the petition. [1907, p. 444. Approved March 11, 1907. In force April 10, 1907.] 148. Discontinuance and abandonment of small schools. 1. The township trustees shall discontinue and abandon all schools under their charge at which the average daily at- tendance during the last preceding school year has been twelve (12) pupils or fewer; and said trustees may discon- tinue and abandon all schools at which the average daily attendance during the last preceding school year has been fifteen (15) pupils or fewer: Provided, The conditions as to roads, streams and bridges permit of such discontinu- ance. 149. Transportation of pupils to other school. 2. It shall be the duty of the township trustees to provide for the education of such pupils as are affected by such or any former discontinuance in other schools, and they shall provide and maintain means of transportation for all such pupils as live at a greater distance than two miles, and for all pupils between the ages of six (6) and twelve (12) that live less than two miles and more than one mile from the schools to which they may be transferred as a result of such discontinuance. Such transportation shall be in comfortable and safe conveyances. The drivers of such conveyances shall furnish the teams therefor, and shall use every care for the safety of the children under their charge, SCHOOL LAW OF INDIANA. 139 and shall maintain discipline in such conveyances. Restric- tions as to the use of public highways shall not apply to such conveyances. The expenses necessitated by the carry- ing into effect the provisions of this act shall be paid from the special school fund. 150. Repeal. 3. All laws and parts of laws in conflict herewith are hereby repealed. [1889, p. 355. Approved March 9, 1889, and in force May 10, 1889.] 151. Kindergartens. 1. In addition to other grades or departments now established in the common schools of the state, the board of trustees of any incorporated town or city are hereby empowered by law to establish, in connec- tion with the common schools of such incorporated town or city, a kindergarten or kindergartens for the instruction of children between the ages of four and six, to be paid for in the same manner as other grades and departments now established in the common schools of such incorpo- rated town or city : Provided, however. That no money ac- cruing to such incorporated town or city from the '^ school revenue for tuition fund" of the state shall be used to de- fray the tuition and other expenses of such kindergarten; but the same may be defrayed from the local tax for tuition and the special school revenue of said incorporated town or city. (R. S. 1901, § 5921; R. S.^897; § 6139.) 1. Note. See section 152. [1901, p. 123. Approved and in force March 6, 1901.] 152. Tax for kindergarten. 1. In any city having a population, according to the latest United States census, of over six thousand, the board of school commissioners or school trustees may, in fixing the annual levy of taxes for school purposes, include therein one cent on each one hun- dred dollars valuation, in addition to the tax now author- ized, for the purpose of providing a fund for the support of free kindergarten schools in said city. (R. S. 1901, § 5921 a.) 1. Note. See previous section. 140 SCHOOL LAW OF INDIANA. 153. How collected and disbursed. 2. The tax so levied shall be collected as the other taxes for school purposes in such city are collected and shall be disbursed by the county treasurer as other school funds raised by local taxa- tion are disbursed, and said free kindergarten fund shall be applied to the aid, maintenance and support of free kin- dergarten schools conducted by any association incorpo- rated for that purpose having the approval of and desig- nated by the superintendent of schools of said city, and said fund shall be from time to time paid over to said asso- ciation for such use upon the written order of said superin- tendent directed to said county treasurer : Provided, That in cities having a population of more than one hundred thousand, according to the last preceding United States census, such tax shall be levied and such association shall not receive such funds unless for more than two years next preceding it shall have maintained at least twelve such free kindergarten schools. (R. S. 1901, § 5921 b.) [1889, p. 187. Approved March 6, 1889, and in force May 10, 1889.] 154. Night schools. 1. In all cities having a popula- tion of three thousand, or more, acording to the census of 1880, the school trustees of such cities shall keep and maintain a night school, between the hours of seven and nine and a half o'clock f. m., during the regular school terms as a part of the systems of common schools whenever twenty or more inhabitants of such city, having children between the ages of fourteen and twenty-one years of age, or persons over the age of twenty-one years of age, and who, by reason of their circumstances, are compelled to be employed, or have their children employed during the school days to aid in the support of such families, who desire to and who shall attend such school, shall petition such school trustees so to do. (R. S. 1901, § 5922; R. S. 1897, § 6140.) 155. Age of pupils. 2. All persons between the ages of fourteen and thirty, who are actually engaged in business SCHOOL LAW OF INDIANA. 141 or at labor during the day, shall be permitted to attend such school. (R. S. 1901, § 5923; R. S. 1897, § 6141.) [1903, p. 124. Approved and in force March 3, 1903.] 156. Manual training or industrial schools. 1. In all the cities of the state of Indiana having a population of more than fifty thousand and less than one hundred thou- sand, as shown by the last preceding United States census, it shall be lawful for the boards of school trustees or other school authorities having charge and management of the common schools of said city, to establish in connection with and as a part of the system of the common schools therein, a system of industrial or manual training and education and of domestic science, wherein shall be taught the practical use of tools and mechanical imple- ments, the elementary principles of mechanical construc- tion and mechanical drawing, and the elementary princi- ples of domestic science. 157. Teachers — Rules and regulations. 2. Such board of school trustees or other school authorities, upon estab- lishing such system of industrial or manual training and education and domestic science, shall employ competent in- struction in the various subjects to be taught, and establish such general rules and regulations for the admission of pupils and the conduct of the schools wherein the same shall be taught as in their judgment will produce the best results, and give instruction to the largest number of pupils practicable. They may provide for such instruction in separate rooms, or separate buildings, as in their judgment may be most advantageous. 158. Tax to support. 3. Any such board of school trustees or other school authorities having decided to establish such system of industrial or manual training and education and domestic science shall have authority, in ad- dition to all other taxes now authorized to be levied, to levy a tax not exceeding ten cents on each hundred dollars 142 SCHOOL LAW OF INDIANA. of property liable for taxation for school purposes to be levied and collected as other taxes for school purposes are levied and collected, for the purpose of purchasing grounds and erecting buildings, or for renting buildings wherein such instruction shall be given, the purchase of all neces- sary tools, implements and apparatus, and for the payment of instructors and other expenses incident to the mainte- nance thereof: Provided, That no portion of the taxes so levied and collected shall be applied to any other purpose. * [1879, S. p. 95. Approved March 31, 1879, and in force May 31, 1879.] 159. Surplus special school revenue. 1. It shall be the duty of the board of school trustees of any city or mcor- porated town in this state to pay over to the common coun- cil or board of trustees of such city or town any surplus special school revenue in the hands of such school trustees, not necessary to meet current expenses; such excess of the revenue aforesaid to be applied for the payment of the in- terest or principal, or both, of any indebtedness incurred under the provisions of the act of March 8, 1873, author- izing cities and incorporated towns to negotiate and sell bonds to procure means to erect and complete unfinished school buildings, and to purchase any ground and building for school purposes, and to pay debts contracted for the erection and purchase of buildings and grounds. (R. S. 1881, § 4447; R. S. 1901, § 5926; R. S. 1897, § 6147.) 1. Payment for school house. A city can not pay for a school house out of its general fund. Such payment must be paid out of a fund especially levied for that purpose. — Nill v. Jeukinson, 15 Ind. 425. [1877, p. 18. Approved and in force March 3, 1877.] 160. Things legalized. 2. "Where the excess of special school revenue not necessary to meet the current demand upon such revenue shall have been, prior to the passage of this act, loaned, paid over, or applied, as provided in the preceding sectioji, such loan, payment or application of such moneys is hereby legalized and made valid, as fully SCHOOL LAW OF INDIANA. 143 and completely as if this act had been in full force and effect at the time snch transaction took place. (R. S. 1881, § 4448; R. S. 1901, § 5927; E. S. 1897, § 6148.) [1865, p. 3. Approved and in force March 6, 1865.] 161. Teacher's reports. 20. To enable the trustees to make reports which are required of them by this act, the teacher of each school, whether in township, town or city, shall, at the expiration of the term of the school for which such teacher shall have been employed, furnish a complete report to the proper trustee, verified by affidavit, showing the length of the school term, in days; the number of teachers employed, male and female, and their daily com- pensation ; the number of pupils admitted during the term, distinguishing between males and females, and between the ages of six and twenty-one years ; the average attendance ; books used and branches taught, and the number of pupils engaged in the study of each branch. Until such report shall have been so filed, such trustee shall not pay more than seventy-five per centum of the wages of such teacher for his or her services. (R. S. 1881, § 4449; R. S. 1901, § 5928; R. S. 1897, § 6149.) 1. Teacher excused, when. If the school authorities fail to furnish a building in which to teach the school, or refuse to furnish a school to be taught, or wrongfully discharge the teacher, such teacher is excused from making a report.— Charlestown School Tp. v. Hay, 74 Iiid. 127. 2. Suit. It is a part of a teachers contract that he will make a report, and until he does so he can not recover more than three-fourths of his wages unless the trustee has waived the report, and the burden is on the teacher to show either that he made the report or it was waived, if he desires to recover the full amount of his earnings. — Owen School Tp. V. Hay, 107 Ind. o51. 3. Truancy. Teachers are required b3' the compiilsory education law to report to truant officers or other school officers cases of truancy or irreg- ularity' in attendance. See truancy law. 4. The report final. The law requires a teacher to make a report to the trustee at the end of the term for which said teacher shall have been employed. The contemplated report is a linal report. It may be at the end of two, three or four months, as the case may be, or at the end of the year. A report made in the middle of a term would not be a final report as con^ 144 SCHOOL LAW OF INDIANA. templated by the lay/, unless the teacher at that time severed his connec- tion with the schools. 5. Withholding v/agls. The provision oii this subject is designed to give the trustee a means ot securing (.he l:\nal report from the teacher. It will generally be sufficient for this purpose to withhold a part or al! of the wages of the last month only before the report becomes due. A.ny other practice would inl'.ict on teachers a hardship which I am persuaded was not intended by the legislature. [1883, p. 118. Approved and in force March 6, 1883.] 162. Trustees' reports. 21. The trustees of each town- ship, town or city, shall, annually, on the first Monday of August, make their report for the school year ending on the 31st day of July, and furnish to the county superin- tendent the statistical information obtained from teachers of the schools of their respective townships, towns, or cities, and embody in a tabular form the following addi- tional items : The number of districts ; schools taught, and their grades; teachers, males and females; average compensation of each grade; balance of tuition revenue on hand at the commencement of the current year ; amount re- ceived during the year from the county treasurer, and amount expended within the year for tuition; and balance on hand ; length of school taught within the year, in days ; school houses erected during the year ; the cost of the same ; the number and kind before erection, and' the estimated value thereof, and of all other school property; number of volumes in the library, and the number taken out during the year ending the 31st day of July; also the number of volumes added thereto; assessment on each one hundred dollars of taxable property, and on each poll of special tax for school house erection, and amount of such levy ; balance of special school revenue on hand at the commencement of the current year ; amount received during the year from the county treasurer; the amount of said revenue expended during the year, and balance on hand ; the number of acres of unsold congressional school lands, the value thereof, and the income therefrom ; together with such other information SCHOOL LAW OF INDIANA. 145 as may be called for by the county superintendent and the superintendent of public instruction. (R. S. 1881, § 4450; R. S. 1901, § 5929; R. S. 1897, § 6150.) [1865, p. 3. Approved and in force March 6, 1865.] 163. Failure to report. 22. On failure of any trustee to make either the statistical report required by the last pre- ceding section, or the report of the enumeration required by the sixteenth section of this act [§ 4473], or the report of finances required by the seventh section of this act [§ 4441], to the county superintendent, at the time, and in the manner specified for each of said reports, the county superintendent to whom such reports are due shall, within one week of the time the next semi-annual apportionment is to be made by the auditor of the county, notify said auditor, in writing, of any such failure; and the auditor shall diminish the apportionment of said township, town or city by the sum of twenty-five dollars, and withhold from the delinquent trustee the warrant for the money appor- tioned to his township, town or city, until such delinquent report is duly made and filed. For said twenty-five dollars, and any additional damages which the township, town or city may sustain, by reason of stopping said money, such trustee shall be liable on his bond, for which the county commissioners may sue. (R. S. 1881, § 4451; R. S. 1901, §5930; R. S. 1897, §6151.) 164. Neglecting duties. 23. If a trustee shall fail to discharge any of the duties of his office relative to the schools, any person may maintain an action against him for every such offense, in the name of the state of Indiana, and may recover, for the use of the common school fund, any sum not exceeding ten dollars; which sum, when col- lected, shall be paid into the county treasury, and added by the county auditor to said fund, and reported accord- ingly. (R. S. 1881, § 4452; R. S. 1901, § 5931; R. S. 1897, § 6152.) 146 SCHOOL LAW OF INDIANA, 165. Failing to serve. 24. Any person elected or ap- pointed such trustee, who shall fail to qualify and serve as such, shall pay the sum of five dollars, to be recovered as specified in the preceding section for the use therein named, and in like manner added to said fund, unless such person shall have previously served as such trustee. (R. S. 1881, § 4453; R. S. 1901, § 5932; R. S. 1897, § 6153.) 166. Trustee's accounts. 141. The books, papers and accounts of any trustee, relative to schools, shall at all times be subject to the inspection of the county superin- tendent, the county auditor, and the board of county com- missioners of the proper county. (R. S.*1881, § 4454; R. S. 1901, § 5933; R. S. 1897, § 6154.) 167. Examination of trustee and his books. 142. For the purpose of such inspection, such county superintendent, auditor, and board of county commissioners may, by sub- poena, summon before them any trustee, and require the production of such books, papers and accounts, three days' notice of the time to appear and produce them being given. (R. S. 1881, §4455; R. S. 1901, § 5934; R. S. 1897, § 6155.) 168. Correction of accounts — Removal. 143. If any such books and accounts have been imperfectly kept, said board of commissioners may correct them, and, if fraud appear, shall remove the person guilty thereof. (R. S. 1881, § 4456; R. S. 1901, § 5935; R. S. 1897, § 6156.) SCHOOL LAW OF INDIANA. 147 Sec. 169. 170. 171. 172. 173. 174. CHAPTER IX. TAXATION. State tax. Uniform tax. Special school tax used to pay teachers. Assessment and collection. Supplementary tuition fund. Local tax, how applied. Sec. 175. 176. 177. Special tax to pay debts . Tax to complete town school house and to support town schools. Transfer money from bonds to special school revenue. [1907, p. 505. Approved and in force March 11, 1907.] 169. State tax levy. 1. There shall be in the year 1907, and annually thereafter, assessed and collected as state and county revenues are collected, thirteen cents and six mills on each one hundred dollars worth of taxable property, real and personal in this state, and in addition thereto a poll tax of fifty (50c) cents upon each legal voter in the state, which money when collected shall be paid into the state treasury for a common school tuition fund, and shall be apportioned to the severar counties in the manner pro- vided in said act, section one of which is hereby amended. 1. An act oi' ISTS (p. 216) legalized tax levies for tuition made by school trustees of cities prior to January 21, 1875. l1869, S. p. 41. Approved and in force May 13, 1869.] 170. Uniform tax. 1. In assessing and collecting taxes for school purposes under existing laws, all property, real and personal, subject to taxation for state and county pur- poses, shall be taxed for the support of common schools, without regard to the race or color of the owner of the property. (R. S. 1881, § 4466; R. S. 1901, § 5952; R. S. 1897, § 6168.) [1905, p. 491. Approved March 7, 1905.] 171. Special school tax — Used to pay teachers. 12. The trustees of the several townships, towns and cities, shall have the power to levy a special tax, in their respective [10] 148 SCHOOL LAW OF INDIANA. townships, towns or cities, for the construction, renting or repairing of school houses, providing furniture, school ap- paratus, and fuel therefor, and for the payment of other necessary expenses of the school, including tuition and teachers ' salaries, whenever in any current year the tuition funds shall have been exhausted; but no tax shall exceed the sum of fifty (50) cents on each one hundred dollars ($100.00) worth of taxable property, and one dollar ($1.00) on each poll, in any one year, and the income from said tax shall be denominated the special school revenue. 1. CoMMissioNEKS HAVE NO coNTEGL. By the above section tlie legis- lature amended the act of 1865, giving trustees the absolute right to levy a special tax by increasing the amount from twenty-five cents to fifty cents, and reaffirming the former law, otherwise in the very words of it. This clearly removes all authority of commissioners over the trustees in making their special school levies. — Cole v. State, 131 Ind. 591 ; Shepard son V. Gillette, 133 Ind. 125. 2. Bajstk stock. Shares of bank stock in a national bank are liable to the specml tax authorized by this section. — Danieis v. Strader, 39 Ind. 63; Root V. Erdelmeyer, 37 (nd. 225, affirming 1 Wilson 99. 3. Who levies and collects. The township trustee makes the recom- mendation of a certain rate of taxation, but the township advisory board makes the ]evj\ Under the old law the township trustee might levy. — Heal V. Jefi:"erson Tp., 15 Ind. 431 ; Cole v. State. 131 Ind. 591 : Shepardson V. Gillette, ]33 Ind. 125: Adamson v. Auditor, 9 Ind. 174. 4. Constitutional limit of debt. Where the indebtedness of a city or town has reached the constitutional limit of two per cent, it may con- tract for and erect school houses, the cost of which to be paid in such in- stallments as wil! fall within the annual income from the special school tax levy. For instajices where the constitutional limit is reached, see sec- tion 189. ■ 5. BOAKD OF SCHOOL TKUSTEES OF CITY HAS POWER TO MAKE LEVY INDE- PENDENT OF COMMISSIONERS — DUTY OF AUDITOR TO MAKE AND EXTEND THE ASSESSMENT. A board of school trustees for the purpose of creating a special school revenue in accordance with the above section, levied a spe- cial school tax of forty cents on each one hundred dollars of taxable prop- erty in the city, and fifty cents on each poll. The special levy was duly certified to the auditor of the rounty with the request that he make the proper assessDient of the special school tax as levied by the board of trus- tees, and extend the same upon the tax duplicate; but the auditor, under the direction of the board of i:ommissioners, failed and refused to extend the assessment on the tax duplicate, and modified the levy made by the board of school trustees. It was decided that the section authorized a board of school trustees of a city to levy th*e tax independently of the board of commissioners, and when made it is the duty of the auditor to SCHOOL LAW OF INDIANA. 149 make the assessment and extend the same on the tax duplicate. — Wood v. School City of Tipton, "132 Ind. 206. 6. General laws — Uniform system of schools. A system that se- cures to all the various subdiAisions of the state equal and uniform rights and privileges, leaving only to the local authorities the right, under the law, to govern the local school affairs, is a general and uniform system, and a law pi'oviding such a system is a general lav^- within the meaning of the constitution. — Robinson v. Schenck, 102 Ind. 307; Adamson v. Auditor, 9 Ind. 174 ; Rose v. Bath Tp., 10 Ind. 18. [1865, p. 3. Approved and in force March 6, 1865.] 172. Assessment and collection. 13. The county audi- tor shall, upon the property and polls liable to taxation for state and connty purposes, make the proper assessments of special school tax levied by the trustee, in the same man- ner as for state and county revenue, and shall set down the amount of said tax on his tax-list and duplicate thereof, as other taxes are set down, in appropriate columns; and he shall extend said assessment to the taxable property of the person transferred, which is situate in the township, town or city to which the transfer is made, and to the property and poll of the person transferred, situate in the township, town or city in which the person taxed resides, according to the rate and levy thereof in the township, town or city to which the transfer is made, and for its use ; and said tax shall be collected by the county treasurer as other taxes are collected, and shall be paid, when collected, to the treasurer for school purposes of the proper township, town or city, upon the warrant of the county auditor. To en- able county auditors correctly to assess said tax, the county superintendents of the several counties shall, at the time they make out and report to the auditor the basis of the apportionment of school revenue for tuition, as is required by section 4432 [§ 113], make out and report to said audi- tor a statement of transfers which have been made for school purposes according to sections 4472 [§ 178 and § 179] and 4473. {R. S. 1881, § 4468; E. S. 1901, § 5954; R. S. 1897, § 6170.) 1. Levy oi' taxes on peesoin transferred. Formerly it was the duty of the auditor to extend the school tax to all persons transferred to the 150 SCHOOL LAW OF INDIANA. township, town or city, and such tax was imposefl upon all the property of such person situated in the townsliip; town or city to which he was transferred, as well as to all his property situated in the township, town or city from which he was transferred. — Johns v. State, 130 Ind. 522; but now no tax is levied upon the property of persons transferred unless it is situated in the towuslilp to whicli the transfer is made. The township from which the transfer is made pays the tuition of the pupil transferred. 2. When paid to trustee. Whenever the county auditor has made up liis statement of the amount due to each scliool corporation, he mo.y issue warrants to pay out the amounts due the several school corporations; and he need not wait until settlement is made with the state authorities. [Acts 1903, p. 409. Approved March 9, 1903. In force April 23, 1903.] 173. Supplementary tuition fund. 1. The school trus tees of the several townships, towns and cities shall have power to levy annually a tax not exceeding fifty cents on each one hundred dollars of taxable property and twenty- five cents on each taxable poll, which tax shall be assessed and collected as the taxes of the state and county revenues are assessed and collected, and the revenues arising from such tax levy shall constitute a supplementary tuition fund, to extend the terms of school in said townships, towns and cities after the tuition fund apportioned to such townships, towns and cities from the state tuition revenues shall be ex- hausted : Provided, however. That should there be remain- ing in the tuition fund of any township, town or city levying such tax at the close of any school year any unexpended bal- ances of such supplementary tuition fund assessed and collected for use in such school year, or previous years, equal to or exceeding in amount one cent upon each one hundred dollars of taxable property in said township, town or city, then it shall be the duty of the county auditor to take notice of the same, and at the time when the trustee or trustees of such school corporation shall make the annual levy for such tax such trustee or trustees shall make, under oath, an estimate of the amount of supplementary tuition fund that will be required to meet the actual expenses of the schools for the next school year, and from such estimate said auditor shall deduct the unexpended balance of such SCHOOL LAW OF INDIANA. 151 fund in such trustee or trustees ' hands on the first Monday of July, and the said trustee or trustees shall make a levy not larger than shall be sufficient to produce a supplemental revenue equal to the corporation as well as upon money capital paid in : Provided, That this act shall not apply to waterworks companies. 1. Repeal. The above section repeals the old section; and a fifty- cent levy is now permissible. 2. Advisoey board. The advisory board has the right to say how. the special school funds shall be apportioned, but it can not determine the policy of the schools. 3. Who makes levy. The levy is made by the school trustees of cities and towns, and by the township advisory boards of townships. 4. Constitutional. The tax authorized by this section is valid, the section being constitutional. — Robinson v. Scheucli, 102 Ind. 307; Shepard- son V. Gillette, 133 Ind, 125. [1895, p. 153. Approved and in force March 7, 1895.] 174. Local tax, how applied. 2. The funds arising from such tax shall be under the charge and control of the same officers, secured by the same guarantees, subject to the same rules and regulations, and applied and expended in the same manner as funds arising from taxation for com- mon school purposes by the laws of this state : Provided, That the funds assessed and collected in any school town- ship, school town or school city shall be applied and expend- ed in the same school township, town or city in which such funds shall have been assessed and collected. (R. S. 1897, §6172;R. S. 1901, §5956.) 1. Anticipating. This revenue is not forbidden to be anticipated, as i& the state's tuition revenue. — Harney v. AVooden, 80 Tnd. 178. [1871, p. 209. Approved and in force March 11, 1871.] 175. Special tax to pay debts. 1. In all cases where any township trustee may have heretofore made and contracted debts against any township in the construction, repairing or completion of school houses, or in providing furniture or school apparatus therefor, and the special school rev- enue tax, as provided for in section 171, shall be insuffi- 152 SCHOOL LAW OF INDIANA. cient to satisfy, pay and liquidate debts so made and con- tracted by such trustee, then, and in that case, it shall be lawful and such township trustee is hereby authorized to levy an additional tax of not exceeding twenty-five cents on each one hundred dollars' worth of taxable property, in any one year, to the amount now authorized to be levied under said section, for the purpose of paying, satisfying and liquidating the debts made and contracted by said trustee for the purposes aforesaid; and it shall be lawful and said trustee is hereby authorized to make said levy for each and every year after the passage of this act, until said debts, made and contracted as aforesaid for the purposes aforesaid, shall be fully paid, satisfied and liquidated : Pro- vided, That nothing in this act shall be construed to alter, change, modify, repeal or in any way conflict with section 150: Provided, further. That such additional levy shall only be made after the legal voters of the township to be affected thereby shall have declared in favor thereof. (R. S. 1881, § 4471; R. S. 1901, § 5957; R. S. 1897, § 6173.) 1. MajS'date. It is the duty of the trustee of a township to apply the tuition funds of the township, when received, to tlie payment of its in- debtedness for tuition, and the performance of such duty may be enforced by mandate.— State v. Cooprider, 96 Ind. 279. 2. Debts. The above section applies to such debts only as were con- tracted previous to the time of its taking effect, March 11, 1871 : and it does not auMiorize a levy to pay any indebtedness created since that date. — Hord, Atty.-Gen. [1905, p. 219. Approved March 6, 1905. In force April 15, 1905.] 176. Tax to complete town school house and to support town schools. 31. The board of town trustees shall have the following powers: * * * Nineteenth. To erect or provide such school houses as may be necessary for the use of the schools of the town, to complete school houses in process of erection and provide for the payment of the cost of the same, to keep all such school houses in repair and to provide fuel and other necessaries therefor. SCHOOL LAW OF IKDIANA. 153 [1907, p. 79. Approved and in force February 25, 1907.] 177. Transfer money from bonds to special school reve- nue. 1. Wherever, m the absence of lawful authority so to do, any board of school trustees of any incorporated town in this state has heretofore issued bonds for money with which to repair and improve school buildings in such incorporated town, and has thereby obtained and has used the money so obtained for such purpose, and has also, in the absence of lawful authority so to do, levied a tax for the payment of such bonds, which tax has been collected and is now in the possession of such board, the said taxes shall by the proper authority be transferred to and shall become a part of the special school revenue of said school town, and shall be subject to appropriation and expenditure for all purposes which such special school revenue is now liable by law : Provided, That the provisions of this act shall not affect any pending litigation. 154 SCHOOL LAW OF INDIANA. CHAPTER X. ENUMERATION. Sec. Sec. 178. Trustee to take— His duties — Who 187. Repeal. enumerated. 188. Enumeration, where filed — Retaking. 179. Transfer . 189. Townsliip in two or more counties — 180. Tuition. Report. 181. Appeal. 190. Orphans' homes — Transfer of children 182. Payment of tuition — Refusal to make. to. 183. Rights not abridged. 191. Payment of tuition. 184. Transfer to school corporation of 192. Appeal. 100,000. 193. Adjustment of tuition indebtedness. 185. 186. Payment of tuition. Transfer of school children. 194. Special written agreements. [1895, p. 127. Approved and in force March 5, 1895.] 178. Trustee to take — His duties — Who enumerated. 14. The school trustees of the several townships, towns and cities shall take or cause to be taken, between the tenth day of April and the thirtieth day of the same month, each year, an enumeration of all unmarried persons between the ages of six and twenty-one years resident within the respective townships, towns and cities. Each person required or employed to take such enumera- tion shall take oath or affirmation to take the same accu- rately and truly to the best of his skill and ability. Such oath or affirmation shall be made a matter of record and kept on file in the office of the school trustee. In making the said enumeration, the trustee, or person so employed, shall distinguish between the white and colored children, enumerating them in separate lists, and shall list the names of parents, guardians, heads of families, or per- sons having charge of such child or children, male or fe- male, shall list the full name and give the sex and age of each child so enumerated, shall secure the signature of either parent, guardian, head of family, or person having charge of such child or children, certifying to the correct- ness of the same, or if this is impossible, shall secure the signature of some responsible person who can certify to the correctness of said list; and he shall give the number SCHOOL LAW OF INDLA-NA. 155 of the school district to which such parent, guardian, head of family or person having charge of such child or chil- dren is attached for school purposes, and the number and initials which designate the congressional township in which such parent, guardian, head of family or person hav- ing charge of such child or children resides. In cities the said enumuerator shall give, in addition to the above enum- erated items, the street and number, of residence of such person. He shall include in such list all unmarried persons between the ages of six and twenty-one years, whose par- ents, guardians, heads of families or persons having charge of such child or children, shall have been transferred to his township, town or city for school purposes ; and he shall exclude from such list all persons whose parents, guard- ians, heads of families or persons having charge of such child or children shall have been transferred from his town- ship, town or city for school purposes. He shall not include in such list any persons residing temporarily in his town- ship, town or city for the purpose of attending school, or who are members of a family staying temporarily in his township, town or city, but whose actual residence is else- where. He shall include in his list such unmarried persons between six and twenty-one years of age as are dependent upon themselves and not under charge of parents, guardian or heads of families, and shall so designate such persons in a separate list, giving in cities the street and number of the residence of such persons. He shall enumerate no one who is not reported to him personally, and properly certified to as herein provided, except in cases of minors who are dependent upon no one, and not inmates of any family who may be reported as herein provided for: Pro- vided, That if any parent, guardian, head of family or per- son having charge of any child, shall be absent, the enum- erator shall ascertain the facts required from other reliable sources, and sign his own name to the certificate herein re- quired; and in case any parent, guardian, head of family or person having charge of any child entitled to school 156 SCHOOL LAW OF INDIANA. privileges shall refuse to report to tlie enumerator any facts herein required, necessary to a full and accurate enumeration, he shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than one nor more than ten dollars. Each person required or employed to take the enumeration as provided for in this act, shall, when making returns of said enumeration to the proper officers, make affidavit or affirmation that he has taken and returned the enumeration in accordance with the provi- sions of this act, to the best of his knowledge and belief, and that such list contains the names of all persons entitled to be enumerated, and no others. The officer to whom such return is required, to be made may take and shall certify such affidavit or affirmation, and shall keep in his office such affidavit or affirmation and such report and list of names ; and each person so taking and returning the enum- eration shall be allowed by the township school trustee, or the school trustees of incorporated towns or cities, reason- able compensation per diem for his services, to be paid out of the special school fund of such township, town or city. Any person appointed as enumerator-, or any officer through whose hands the enumeration required by this act shall pass, who shall knowingly enumerate persons not en- titled to be enumerated, or who shall in any manner add to or take from the number actually enumerated, shall be deemed guilty of a misdemeanor, and, upon conviction of such offense, shall be fined in any sum not less than five nor more than one hundred dollars, or imprisonment in the county jail not less than ten nor more than thirty days, at the discretion of the court. (E. S. 1897, § 6174.) 1. Who may be i.numerated. Ouly persons between the ages of 6 and 21 years are entitled to be enumerated, and to have the benefits of the oojnmon schools. — Draper v. Cambridge, 20 Ind. 268. A minor attains to 21 years of age on the day preceding the twenty-first anniversarj' of his birth. —Wells V. Wells, G Ind. 447. 2. Residence. The legal domicile and residence of a minor, not eman- cipated, is that of his parents. Parents residing in another state can not send their children into this state for the purpose of procuring an education, SCHOOL LAW OF INDIAlSrA. 157 and eudble tliem to acquire such a residence here as will entitle them to admission into the common schools of this state, unless the circumstances are such as will create a bona fide legal residence here. — Wheeler v. Bur- row, 18 Ind. 14, 3. NoN-EESiDENT STUDENTS. Persous residing temporarily within a corporation, for the purpose of studying at a school or college there located, do not acquire a legal residence therein. 4. Choice of districts. A person may be detached from one district and attached to another at any time durmg the year, with the consent of the trustee, upon presentation to him of a suitable reason therefor : but a person whose school privileges have been affected by his removal, or by Ihe relocation of a school house, has the right at the next enumeration to choose a district in the township to which he will be attached. - The distinction must be observed between a transfer and an attach- ment to a district, the former being a change from one corporation to an- other, the latter from one district to another in the same corporation. 5. Choice op schools in cities and towns. There is no provision in the law, that we are aware of, authorizing parents or guardians to deter- mine to which one of the schools they will send their children in towns and cities. These matters are managed, we believe, by the trustees ex- clusively, in towns and cities, who, doubtless, to some extent, consult the wishes of the inhabitants, having in view the grade of the school which it is proper that any given pupil shoald attend, the convenience of parents and the surrounding circumstances. — City of Crawfordsville v. Hays, 42, Ind. 207. 6. I'KivjLEGES OF CERTAIN OHii-DRFN. The scliool trustecs are required to "make an enumeration of the children, white and colored, within their respective townships, towns and cities," and to "list the names of parents, guardians or heads of families, male and female, having charge of such children." The law in this section recognizes three distinct relations in which the person having charge of a child may stand to the child, viz., par- ent, guardian and head of a family. The term "heads of fainilies" must refer to a relation not included in the terms "parents" and "guardians." It is intended to cover cases where a person has children of school age in his home and under his protection, whether as employes or as members of his family, though without formal adoption or legal guardianship. But there are other cases which the provision of the statute as to listing names does not include, but which must be provided for under the requirement for enumerating the children within the several corporations. The domi- cile oC a minor is with his parents or guardian, and in theory every minor is supposed to have a guardian. But, in fact, many are completely sui juris, independent of parental control or support, and living by their own labor. , The homer of such, for the purposes of this section, must be the places where they are employed or stay Avithout any immediate intention of departing therefrom. No one can be said to have charge of them, they do not live at the homes of their einployers, and are not under their pro- tection as heads of families. They are none the less entitled to school privileges under v/hat our constitution requires to be a "general and uni- 158 SCHOOL LAW OF INDIANA. form system of common schools, wherein tuition shall be without charge, and equally open to all." The supreme court remarlis, incidentally, in Johnson v. Smith, 64 Ind. 275 : "The theory of these statutory provisions is, that each and every child of the proper age, without regard to race or color, within the limits of this state, is entitled of right, and without charge for tuition, to the benefits of such an education as may be obtained in and by our common schools." All persons between the ages of six and twenty-one years are entitled to school privileges, and may be enumerated in the school corporations in which they, in good faith, have their home — understanding home in the general sense, not in the technical sense of legal domicile. Those who are in any way in charge of a resident head of a family should be so enumer- ated; those who can not be so assigned may be enumerated as without guardian. In acting under this interpretation trustees should guard against imposition, by flinding out whether the case can be brought under the law of transfer (§§ 170, 180) ; and, if not, whether the child is dependent upon himself for support, or upon the person with whom he lives. In either case he should be admitted to the schools. Bat children can not legally be maintained and sent to school by parents or guardians in corporations other than those in which they themselves reside, nor can a minor become a resident of a school corporatior. merely to acquire an education therein. 7. Colored childeen. The township trustee will not be compelled by the courts to make a separate list of colored children, unless a separate school for them is practicable. — State v. Grubb, 85 Ind. 213. 8. Mandate — Pleadings. In an application for a mandate to enforce the admission of a person to a common school, the complaint should affirma- tively show that the applicant is under twenty-one and not under six years of age. and unmarried, or such complaint will be bad on demurrer. — Draper v. Cambridge, 20 Ind. 268. 9. Report, effect. The report of the trustee was formerly conclu- sive on the county superintendent. — Young v. State, 138 Ind. 206. [1901, p. 448. Approved and in force March 11, 1901.] 179. Transfer. 1. If any child resident in one school corporation of the state may be better accommodated in the schools of another school corporation the parent, guardian or custodian of such child may at any time ask of the school trustee, board of school trustees or commis- sioners of the school corporation in which such child re- sides, an order of transfer, which, if granted, shall entitle such child to attend the schools of the corporation to which such transfer is made, under the conditions hereinafter pre- scribed: Provided, It shall also be cause for transfer if SCHOOL LAW OF INDIANA. 159 the nearest school to any child entitled to school privileges shall be more than one mile from the residence of such child and there be a school in an adjoining corporation within one-half mile, unless free transportation is pro- vided. (E. S. 1901, § 5959 a.) 1. Annual teansfer. Transfers have to be made every year ; a trans- fer for one year is not valid for the next year. — 143 Ind. 84. 2. The eight of teansfee. Formerly persons could be transferred at no other time than at the time enumeration was taken, and then only when the trustee was satisfied that they could be better accommodated. — Edwards v. Trustee, etc., 143 Ind. 84; but now the transfer may be made at any time. .3. Appeal. The right to be transferred is not absolute, depending upon the choice of the citizen, like the right to be attached to any school in his township. It can only be claimed if he "can be better accommo- dated" by such transfer, and the power of the trustee to make the transfer depends upon the existence of that condition. Of necessity, then, he must determine whether or not the condition exists, and act upon such deter- mination. But his decision is not final. Section 445 expressly provides for an appeal to the county superintendent from all decisions of the trustee relative to school matters ; and for the purpose of preventing, as far as can be, vexatious litigation, provides that the decision of the county super- intendent shall be final as to certain matters, among which is enumerated "transfers of persons for school purposes." — Fogle v. Gregg, 26 Ind. 345 ; Edwards v. Trustee, etc., 143 Ind. 84. See section 181. 4. To WHAT coEPOKATioNS. Previous to 1899 persons could only be transferred from one township to an adjoining township ; the word ad- joining did not, however, apply to cities and towns. — Edwards v. Trustees, etc., 143 Ind. 84. But now no restriction is placed, in this respect, upon the school corporation to which the transfer may be made. 5. Better accommodations. The right of transfer for educational purposes, provided by statute, is given only to persons who can be better accommodated thereby. It is a personal right, and each request for trans- fer is to be considered and determined upon its merits as a separate case by the school ollicers ; that is, can the person requesting the transfer, tak- ing all the surroundings and conditions that will exist during the coming school year into consideration, be better accommodated during such year with school privileges at the schools of the school corporations to which be seeks transfer than at the schools of the school corporation in which he resides. In the determination of this question many things would be material and pertinent ; the proximity of the schools in the township and city to the residence of relator ; the kind and character of the roads to each ; the means of transportation, if any, to each ; the crowded condition of the schools in either of the two school corporations. — Edwards v. Trustee, etc., 143 Ind. 84. 160 SCHOOL LAW OF IITOIANA. 6. Taxes of teansfereed persons. Persons now transferred are no longer taxed in the township to which they are transferred, unless they have property in that township. For a decision on the old law, see Johns V. State, 130 Ind. 522. 7. To WHAT TAXES LIABLE. Formerly a transferred person was liable to all taxes levied for school purposes in the corporation to which he was transferred, and at the same rate as resident school patrons. — Johns v. State, 130 Ind. 522. 8. Constitutional. The provisions of the old section authorizing the taxation of the person transferred was constitutional. — Kent v. Town of Kentland, 62 Ind. 291 ; Robinson v. Schenck, 102 Ind. 307, 315. 9. Must receive. The person transferred must be received by the school corporation to which the transfer is made. — Edwards v. Trustee, etc., 143 Ind. 84. 10. Request necessary. Unless the person to be transferred requests it, a transfer can not be made. — Edwards v. Trustee, etc., 143 Ind. 84. 11. Appeal on refusal to make transfer. The person desiring to be transferred has -the right to appeal if his request be denied ; and so has the corporation to which a transfer is made. The appeal must be taken within thirty days after the request is made and refusal given ; or, in case of the school corporation, within thirty days after it is notified or the transfer. On appeal, the decision of the county superintendent is final. —Edwards v. Trustee, etc., 143 Ind. 84. 12. Length of time of transfer. It has been rigidly held by the su- preme court that a transfer is for a full year regardless of the length of term of scliool m the corporation from wliich the transfer is made. There- fore, if a child is transferred from a corporation maintaining a six months' term to a corporation that maintains a nine months' term the said child is entitled to nine months of school as provided where transferred. 13. Transfer of high school pupils. All pupils are entitled to a four years' high school course in a commissioned high school, and when the corporation in which the pupil lives does not maintain such a course the pupil is entitled to a transfer to a commissioned high school. 180. Tuition. 2. If such transfer is granted, the school trustees, or board of school trustees, or commissioners of the school corporation in which such child resides, shall pay out of the special school fund to the school trustee, board of school trustees or commissioners of the school cor- poration to which such child is transferred, as tuition for such child, an amount equal to the annual per capita cost of education in the corporation to which said child is trans- ferred; or such apart of it as the term of enrollment of said child in the schools of the creditor corporation may require : Provided, That the per capita cost in high schools shall be SCHOOL LAW OF INDIANA. 161 calculated npon the basis of expenditures for high school purposes, and the per capita cost in grade schools shall be calculated upon the basis of expenditures for the schools below the high school : Provided, That the rate of tuition per month shall not exceed two dollars in the high school, or one dollar and fifty cents in the grades. In calculating the per capita cost, only expenditures for the current year, not including permanent' improvements and additions, shall be counted. (R. S. 1901, § 5959b.) 1. No TEANSFEK. If a cliiid attending a school has not been trans- ferred to it, the township in which he resides is not liable to pay for its schooling. 2. Child absent feom school. The township must pay for the time the transferred child is in actual attendance, which can be ascertained by the record of attendance as shown by the daily record of the teacher. Tem- porary absences should not be deducted from the general period of attend- ance. A trustee should not pay for a definite period during which its child is absent ; as for instance, for a period of three months. 181. Appeal. 3. If an order of transfer be denied, the parent, guardian or custodian of the child shall have the right to appeal the case to the county superintendent of schools, whose decision shall be final, (R. S. 1901, § 5959c.) 1." FijvTAL DECISION. Tlie county superintendent's decision is final. See section 179, notes 3 and 11. 2. Time fob appeal. The appeal must be taken within thirty days after refusal to make the transfer has been made by the trustee. 182. Payment of tuition — Refusal to make. 4. The in- debtedness for tuition between school corporations arising from the provisions of this act shall be due and payable February 1st and July 30th of every year. If any school trustee or board of school trustees or commissioners refuse to pay any sums claim.ed by another corporation as due, the creditor corporation shall make written statement of the case to the county auditor, who shall have power to hear and determine the matter. If he hold that a given sum is due the complaining corporation, he shall, in the next 162 SCHOOL LAW OF INDIANA. semi-annual distribution of school revenues, withhold such sum from the amount otherwise due the debtor corporation : Provided, That unpaid tuition claims arising between cor- porations of different counties shall be adjusted by the state superintendent of public instruction, through the ap- portionment of school revenues. 183. Rights not abridged. . 5. Nothing in this act shall be construed to abridge the right of trustees, boards of trustees or commissioners of two or more corporations to enter into written agreements to educate the transferred children of their respective corporations for a charge less than that named in section 2 of this act. (R. S. 1901, § 5959c.) 1. Note. Section 6 repeals all laws in conflict with the five preceding sections. [1901, p. 513. Approved and in force March 11, 1901.] 184. Transfer to school corporation of 100,000. 1. Whenever a child shall be transferred for school purposes from one school district or corporation to another, the lat- ter having a population of more than 100,000, according to the last preceding United States census, in case the parent, guardian or custodian of such child is at the time, prior to August 1st, in any year, a taxpayer in the district to which the transfer is made, any tuition payable by law on account of such transfer by the corporation making it, shall be re- duced or credited to the extent of all current school taxes levied by the corporation to which the transfer is made and payable by such parent, guardian or custodian. 185. Payment of tuition. 2. If any parent, guardian or custodian of a child entitled by law to attend the common schools of one district school or school corporation of this state desires to have the child transferred for school pur- poses to another such school district or school corporation of this state, the latter having a population of more than 100,000, according to the last United States census, and he SCHOOL LAW OF INDIANA. 163 fails, or is imable to procure such transfer to be made, as provided by law, in such case if the child shall neverthe- less be accepted as a scholar in the common schools of such district or corporation to which the transfer was desired, any tuition for the child payable by the parent, guardian or custodian to the school corporation where the child shall be so accommodated shall be reduced or credited to the ex- tent of all current school taxes levied by the school cor- poration so accommodating the child, and payable by such parent, guardian or custodian. (B. S. 1901, § 5959g.) [1907, p. 321. Approved March 9, 1907. In force April 10, 1907.] 186. Transfer of school children. 1. Any school trus- tee, board of school trustees or commissioners of any school corporation which shall receive transfers of children from another school corporation, shall, on or before the third Monday in June of each year, file a complete statement showing all of such transfers, giving the name of each child and the school corporation from which each child was received, together with a statement of the attendance of each child so transferred and the amounts due to the cor- poration to which such transfer has been made because of the same, and also a certified statement of the annual per capita cost of maintaining the school or schools which such transferred child or children attended during the year. A duplicate statement of attendance of each child in the school to which it has been transferred, of the amounts due the corporation on account of tuition of such children and of the per capita cost of maintaining the school or schools to which such children were sent, shall, at the same time, be filed with the debtor corporation from which such child or children were transferred. The county auditor shall, at the annual July distribution of the tuition fund in the same year, deduct from the amount of said fund apportioned to the debtor corporation issuing such transfers, an amount equal to the tuition for such transferred child or children in the schools of the creditor corporation, or such part of 164 SCHOOL LAW OF INDIANA. it as the term of enrollment of such transferred child or children in the creditor corporation may require, not -to ex- ceed the rate of two dollars per month in the high school, and not over one dollar and fifty cents in the grades. The auditors shall then transfer the amount deducted from the debtor corporation to the amount apportioned to the cred- itor corporation receiving such transfers: Provided, That in the case of transfers from a corporation in one county to a corporation in another county, such transfers, together with the above mentioned required certified statements, shall be filed with the state superintendent of public in- struction at the same time as provided for filing with the county auditor, and that a duplicate of such statements shall also be filed with the county auditor of the county from which such child or children may have been trans- ferred. The state superintendent shall then make the ad- justment between the counties, forwarding, with the appor- tionment to the county auditor of the county of the creditor corporation, a statement of whatever additions there may be to any corporation in his county because of transfers from other counties. A duplicate of such statement shall be filed with the county auditor by the debtor corporation. The county auditor of the creditor corporation shall then, in his distribution of funds, add such amount to whatever corporation or corporations they may be due, and the county auditor of the debtor corporation shall make such deductions from any corporation or corporations in his county made necessary because of transfers of children therefrom ; and the county auditor shall show on his distri- bution sheet all amounts charged or credited to school cor- porations on account of transfers. 187. Repeal. 2. So much of an act entitled "an act regulating the transfer of children from one school cor- poration to another and fixing the price of tuition, repeal- ing all laws and parts of laws in conflict therewith, and de- claring an emergency," approved March 11, 1901, as is in conflict herewith is hereby repealed. SCHOOL LAAV OF TlSTBTAlSrA. [1895, p. 127. Approved March 5, 1895. In force June 28, 1895.] 165 188. Enumeration, where filed — Retaking. 18. Each township trustee and the president of the board of school trustees of towns and cities shall, on or before the first day of May, annually, report to and file with the county super- intendent of the proper county, a copy of the enumeration for school purposes of his toAvnship, town or city, with a list of transfers to such township, town or city, with his affidavit endorsed thereon to the effect that the same is, to the best of his knowledge and belief, full and accurate and taken in accordance with the provisions of the law govern- ing the enumerations. When said county superintendent, however, on an examination of the enumeration returns of any township, town or city, finds any evidence that the enumeration is excessive in number or in any other way incorrect he may require the same to be retaken and re- turned, and if he deem it necessary he may, for this pur- pose, appoint persons to perform the service, who shall take the same oath, perform the same duties, and receive the same compensation out of the same funds as the per- son or persons who took the enumeration in the first place^ and the school revenue shall be distributed to such school corporation upon the corrected returns. (R. S. 1897, §6177; R. S. 1901, §5961.) [1865, p. 3. Approved and in force March 6, 1865.] 189. Township in two or more counties — Report. 19. When a congressional township is located in two or more counties, the proper trustees for each portion thereof in the several counties shall report, at the same time and in like manner as provided in the last preceding section, to the county superintendent of the county in which the congres- sional township fund of such township is held in trust and managed. (R. S. 1881, § 4476; R. S. 1901, § 5962; R. S. 1897, § 6178.) 1. Explanation. This section requires that when a congressional township is located in two or more counties, the proper trustees for each portion thereof shall make two separate and distinct reports of enumera- tion. 166 SCHOOL LAW OF INDIANA. [1907, p. 310. Approved March 9, 1907. In force April 10, 1907.] 190. Orphans' homes — Transfer of children to. 1. De- pendent children in orphans' homes or custodial institu- tions for dependent children in this state, shall be educated by the township trustee or school board of the corporation in which the custodial institution or orphans' home is lo- cated. That the board of commissioners of any county, the board of children's guardians, township trustees, truant offi- cers, state agents, juvenile courts and other courts and per- sons authorized by law to place dependent children in cus- todial institutions of this state, shall immediately upon the placing of any child or children in any such custodial in- stitution, give notice to the school corporation from which said child came that said child has been placed in such cus- todial institution. That a transfer certificate shall be is- sued by the trustee or school board where such child has a legal settlement, for each dependent child in such custodial institution or orphans ' home, and sent to the proper school officer or officers of the school corporation where said cus- todial institution or orphans' home is located: Provided, That in the event of a transfer of a child from one custodial institution or orphans ' home to another, a new transfer cer- tificate shall be issued. That each school corporation thus transferring a child or children shall be credited at the end of the school year on its transfer account to the amount of the annual per capita distribution made by the state super- intendent of public instruction when such child has been enumerated in the custodial institution or orphans' home. That account shall be kept by the custodial institution or or- phans ' home of the actual school days each child is an in- mate of said custodial institution or orphans ' home, and the same reported to the proper school officer where said insti- tution is located at the end of the school year: Provided, That the report from any such custodial institution to the township trustee or the school board of the corporation in which the same is located, shall also contain the name of the school corporation in which said child has a SCHOOL LAW OF nmLAJfA. 167 legal settlement, the date when entering said institu- tion, when removed, and the age of said., child. That each dependent child in custodial institutions or or- phans' homes in this state shall be enumerated where it is at the time the enumeration is taken, whether it be in the cliikVs ovin school corporation or the school corporation where the custodial institution is located, but said enumera- tion shall not change the legal settlement of any such child. [1903, p. 15. Approved and in force February 6, 1903.1 191. Payment of tuition. 2. The school corporation in which such child has settlement shall pay out of the special school fund of said corporation to the school corporation in which said institution is located, as tuition for said child, an amount equal to the annual per capita cost of education, in the corporation to which said child is transferred, or such a part of it as the child or children are actually school resi- dents of the corporation to which they were transferred: Provided, That the rate of tuition per month shall not ex- ceed one dollar and fifty cents. In calculating the per cap- ita cost, only expenditures for current year, not including permanent improvements and additions, shall be counted. 192. Appeal. .3. If an order of transfer be denied to the school corporation in which the said custodial institu- tion or orphans ' home is located, said school corporation by its proper ofi&cer or officers may appeal the case to the coun- ty superintendent of schools of the county denying said transfer. Either school corporation by its proper officer or officers may appeal from the decision of the county superin- tendent of schools to the state superintendent of public in- struction, within sixty days, by filing a written statement of the case and serving written notice upon the other con- testing corporation. 193. Adjustment of tuition indebtedness. 4. The in- debtedness for tuition between school corporations arising from the provisions of this act shall be due and payable 168 SCHOOL LAW OF INDIANA. February 1st and July SOth of every year. If any school trustees or board of school trustees or commissioners refuse to pay any sums claimed by another corporation as due, the creditor corporation shall make written statement of the case to the county auditor, who shall have power to hear and determine the matter. If he hold that a given sum is due the complaining corporation, he shall, in the next semi- annual distribution of school revenues withhold such sum from the amount otherwise due the debtor corporation: Provided, That unpaid tuition claims arising between cor- porations of different counties shall be adjusted by the state superintendent of public instruction, through the appor- tionment of school revenues. 194. Special written agreements. 5. Nothing in this act shall be construed to abridge the right of trustees, boards of trustees or commissioners of two or more corpora- tions to enter into written agreements to educate the trans- ferred children of their respective corporations for a charge less than that named in section 2 of this act, nor shall this act apply to children maintained in any institution support- ed out of the state treasury. SCHOOL LAW OF INDIANA. 169 CHAPTER XI. APPORTIONMENT 01 ^ REVENUE. Sec Sec. 195. To be semi-annually. 205. Uses of funds. 196. Reports of county auditors. 206. Liability for fund. 197. When and what county auditor re- 207. Surplus. ports. 208. Repeal. 198. When congressional township divided. 209. Printed statement. 199. Auditor failing to report . ■210. Payment to counties. 200. State tax levy. 211. Payment of excess. 201. Apportionment among counties. 212. Unapportioned balances. 202. Distribution of 5.2 of fund. 213. County auditor's apportionment 203. Town or township deficiency — Certi- 214. Interest on sinking fund. ficate. 215. Surplus dog tax fund. 204. Superintendent and auditor — Duties. [1897, p. 291. Approved a nd in force March 8, 1897.] 195. To be made semi-annually. 109. There shall be two apportionments of the school revenue for tuition made in each year by the state superintendent of public instruc- tion — one on the fourth Monday in June, and the other on the first day of January, unless the said day of the month should be Sunday, and, if so, on the day following. (R. S. 1897, § 6179.) 196. Reports of county auditors. 110. To enable the superintendent to make said apportionments, and to ascer- tain the amount of said revenue collected and ready for that purpose, the auditors of the several counties of the state shall, promptly, after making the settlements with the county treasurers of the respective counties in May for the amount collected on tax list, and in December for the amount of delinquent tax collected, make report to said su- perintendent of the precise amount of school revenue for tuition collected in their respective counties and ready for apportionment and distribution; which report shall be veri- fied by the oath or affirmation of the auditor indorsed there- on. (R. S. 1897, § 6180; R. S. 1901, § 5964.) 197. When and what county auditor reports. 111. The first of said reports in each year shall not be delayed later 170 SCHOOL LAW OF INDIANA. than the third Monday in June, and the second not later than the tweDty-fifth day of December. Said report shall show — First. The amount of school tax collected since the last report, whether upon the current year's tax list or delin- quent tax. Second. The amount of interest collected since the last semi-annual report, and the amoimt, if any, not previously reported, upon loans of common school funds, and on any indebtedness which is due or payable to said funds, arising from the sale of seminary property or otherwise. Third. The amount derived from liquor licenses and un- claimed fees not previously reported. Fourth. The total amount of school revenue thus col- lected and ready for apportionment. Fifth. The income derived from the congressional town- ship school fimd, including the interest on loans of said fund, and on deferred payments for school lands which have been sold, and the rents and profits derived from the leasing or renting of any such lands, or otherwise. Sixth. The amount of said income from the congres- sional township fund on hand for distribution in parts of the townships in the adjacent counties, specifying the amount on hand for each of the several counties. (R. S. 1897, § 6181.) [1865, p. 3. Approved and in force March 6, 1865.] 198. When congressional township divided. 112. When the congressional township lies partly in one county and partly in another, the auditor of the county in which the fund of such township is managed shall notify the auditor of the county in which any portion is situated of the amount due to such portion. (R. S. 1881, § 4480; R. S. 1901, § 5966; R. S. 1897, § 6282.) 199. Auditor failing to report — Penalty. 113. On the failure of any county auditor to make his said semi-annual report in time for said apportionments, his county shall be SCHOOL LAW OF INDIATiTA. 171 subject to a dimimition of one hundred dollars in the next apportionment of said revenue by the superintendent. The sum thus withheld may be collected from said auditor, in a suit before a justice of the peace, prosecuted in the name of the state, by any person living in said county who has children enumerated for school purposes for the current year, who is aggrieved by said diminution. Said suit shall be commenced within two years from the time when said report was due, and not afterward: Provided, That said auditor may discharge himself from liability to such suit by a certificate of the postmaster that said report was mailed in due time, together with his own affidavit of that fact. (R. S. 1881, §4481; R. S. 1901, §5967; R. S. 1897, § 6183.) [1907, p. 505. Approved and in force March 11, 1907.] 200. State tax levy. 1. There shall be in the year 1907, and annually thereafter, assessed and collected as state and county revenues are collected, thirteen cents and six mills on each one hundred dollars worth of taxable property, real and personal, in this state, and in addition thereto a poll tax of fifty (50c) cents upon each legal voter in the state, which money when collected shall be paid into the state treasury for a common school tuition fund, and shall be ap- portioned to the several counties in the manner provided in said act, section one of which is hereby amended. [1905, p. 34. Approved and in force February 24, 1905.] 201. Apportionment among counties. 2. The state su- perintendent of public instruction shall, on the days fixed by law for his apportionment of the school revenue, in each year, add to the sum total of said revenue, in readiness in each county for apportionment, any amount in the state treasury ready for apportionment, together with 94.8 per cent, of the sum collected by virtue of the levy provided for in section one of this act; and, after said addition, the superintendent shall apportion the whole of said sum to the several counties of the state, according to the last enumera- 172 ' SCHOOL LAW OF INDIANA. tion of children therein, with due reference to the diminu- tion provided for by law. 1. Object or this section. The equal distribution of the state school revenue to the several school corporations of the state, according to the number of school children there in, is a means, and not an end; but the great purpose for which this means may be used is that tuition shall be without charge and equally open to all the children of the state. — State v. McClelland, 138 lud. 895 ; Pfau v. State, 148 lud. 539 ; Starr v. State, 149 Ind. 592. 2. CoNSTiTUTioNAi.. This section is not in conflict with the state con- stitution.— State V. McClelland, 138 Ind. 395. 3. Amount to be returned — How determined. To determine what part of the unexpended balance must be returned to the county treasurer, the amount received from the state and the amount received from local sources must be prorated.— State v. McClelland. 138 Ind. 395. 202. Distribution of 5.2 of fund. 3. A sum equal to 5.2 per cent, of the amount collected under the levy provided for in section one of this act, shall be a fund to be distrib- uted as hereinafter provided. 203. Town or township deficiency — Certificate. 4. Whenever any trustee of a township or board of trustees of any school town shall ascertain that there is not a sufficient amount of tuition revenue in his or their hands to enable him or them to maintain the public schools therein for the minimum term now or hereafter provided by law in such current school year, he or they, as the case may be, shall certify in writing under oath such fact to the county super- intendent of his or their county, stating therein the rate of the levy for local tuition purposes on each one hundred dollars, and the taxes on each taxable poll made for the sup- plementary tuition tax by such township or school town in the year immediately previous to the school year in which such deficiency occurs, or will occur; also, stating the full amount received for tuition from each source, the names and number of teachers employed, the rate per diem paid them, the number of days each has taught and when he be- gan teaching, and an estimate of the amount that will be necessary over and above the tuition revenue then on hand SCHOOL LAW OF IISTDIAIS^A. 173 to complete such legal minimum term of all. the public schools in such school corporation. Said certificate shall be executed in duplicate. Said county superintendent shall im- mediately examine such certificate, and if he shall find the facts stated therein to be true, and shall further find that such school corporation has levied the highest amount au- thorized by law for such school municipality as supplemen- tary tuition tax for the year in which such deficiency will occur, he shall forward one of such certificates to the state superintendent of public instruction, together with the re- sult of his examination, and with the name and postoffice address of such township trustee or the treasurer of such school corporation. [1907, p. 449. Approved March 11, 1907. In force April 10, 1907.] 204. Superintendent and auditor — Duties. 5. Upon re- ceipt of such statement from the county superintendent, the said superintendent of public instruction shall issue an order on the auditor of state in favor of such school corpora- tion, if there be funds in the state treasury available for that purpose, for the amount necessary to bring the school term of said township or school corporation up to the minimum legal term, specifying the name of the tr-ustee of such town- ship, or the treasurer of said town, and his postoffice ad- dress. And the auditor of state shall at once draw a war- rant on the treasurer of state, payable out of the fund pro- vided for in section 3 of this act in favor of said township or town, payable to the trustee of such township or treasur- er of such town, and mail the same to him: Provided, No such tow^nship trustee or treasurer of such school town shall be entitled to draw or receive the funds provided in this act imless said township trustee or school board of trustees has levied a local tuition tax of at least twenty- five cents on $100.00 of taxable property in such township or school town: And providing. That where any such school trustee or corporation is maintaining a seven months ' term of school and finds the amount of tuition revenue 174 SCHOOL LAW OF INDIANA. insufficient for snch purpose, such trustee or the treasurer of such school corporation shall be entitled to draw or receive the funds provided in this act in the event only such trustee or school board has levied a local tuition tax of not less than forty cents on $100.00 of taxable property in such township or school town. [1905, p. 34. Approved and in force February 24, 1905.] 205. Uses of fund. 6. Said township trustee or school board of trustees shall use the amount so received from the state for the payment of the salaries of teachers employed in his township or their town to enable him or them to main- tain schools therein for the full term as required by law during the year for which it was received, and shall use it for no other purpose. 206. Liability for fund. 7. The township trustee, or treasurer of any town school board and the sureties on their bonds receiving such funds from the state, shall be liable for the same as for any other township or school funds they may receive in an official capacity. F11907. Approved March 11, 1907. In force April 10, 1907.] 207. Surplus. 8. Wliatever unused surplus shall re- main of the fund provided in section 3 of the act hereby amended at the close of any fiscal year shall be and remain a part of the common school tuition fund of the state. 208. Repeal. 9. All laws and parts of laws in conflict herewith are hereby repealed. [1865, p. 3. Approved and in force March 6, 1865.] 209. Printed statement. 115. Said superintendent shall make out and have printed a statement showing — First. The enumeration of children in each county. Second. The amount of school revenue ready for appor- tionment in each county, and the source from which the SCHOOL LAW OF INDIAN^A. 175 same is derived, iDclnding said addition from the state in- debtedness. Third. The distnbutive share thereof apportioned to each county. He shall file a copy of said statement with the auditor of state and treasurer of state, and he shall forward a copy thereof, by mail, to each of the county auditors, county su- perintendents and county treasurers of the state. (R. S. 1881, § 4483; E. S. 1901, § 5969; R. S. 1897, § 6185.) 210. Payment to counties. 116. The auditor of state shall, at the time of making the semi-annual settlements with the several county treasurers, give them each a war- rant on the state treasury for the distributive share of said revenue apportioned to their respective counties, the amount of which shall be retained by said treasurers out of the money or revenue in their hands; and the balance ascer- tained to be due to the state, of ordinary state revenue or other revenue, together with said warrant, shall be paid into the state treasury. The settlement between the re- spective county treasurers and the auditor of state, and the drawing of the warrants for the amounts apportioned to their respective counties; the ascertainment of the balance payable into the state treasury, and the payment of said balance, and retention by the county treasurers of their dis- tributive shares of school revenue, according to said appor- tionment — shall be concurrent acts, and shall be done and performed in such a manner as to effect a complete semi- annual disbursement, from the state treasury to the several counties of the state, of all the school revenues then appor- tioned to them, and as soon as practicable after the appor- tionment is made. (R. S. 1881, § 4484; R. S. 1901, § 5970; R. S'. 1897, § 6186.) [1885, S. p. 208. Approved and in force April 13, 1885.] 211. Payment of excess. 1. The auditor of state shall, at the time of making the semi-annual settlements with the several county treasurers, give them each a warrant on the 176 SCHOOL LAW OF INDIANA. state treasury for the state school revenues collected in their respective counties, the amount of which shall be re- tained by said treasurers, and when the superintendent of public instruction shall have made his semi-annual appor- tionments of school revenue for tuition to the several coun- ties of the state, the auditor of state shall draw his warrant upon the state treasury to the respective county treasurers to which there may be due a greater amount than the state school revenue which has been collected in said counties, and for which a warrant as hereinbefore provided has been issued to them, and said county treasurers to whom war- rants have been issued at the semi-annual settlements for more than their distributive share of said school revenue shall, upon notice being given them thereof by the auditor of state, forthwith pay such excess into the state treasury. (R. S. 1901, § 5971; K. S. 1897, § 6187.) [1865, p. 3. Approved and in force March 6, 1865.] 212. Unapportioned balances. 117. If at any time, from any cause whatever, an unapportioned balance of school revenue shall appear in the state treasury, other than that which is nominally therein at the passage of this act, the superintendent of public instruction shall add said bal- ance to the sum to be apportioned, and apportion it at the next succeeding apportionment after such balance so ap- pears. (R. S. 1881, § 4485; R. S. 1901, § 5972; R. S. 1897, § 6188.) [1897, p 291. Approved and in force March 8, 1897.] 213. County auditor's apportionment. 118. The audi- tor of each county shall, semi-annually, on the second Mon- day of July and on. the last Monday in January make ap- portionment of the school revenue, to which his county is entitled, to the several townships and incorporated towns and cities of the county ; which apportionment shall be paid to the school treasurer of each township and incorporated town and city by the county treasurer. In making the said SCHOOL LAW OF INDIANA. 177 apportionment and distribution thereof, the auditor shall ascertain the amount of the congressional township school revenue belonging to each city, town or township, and shall apportion the other school revenue, so as to equalize the amount of available school revenue for tuition to each city, town and township, as near as may be, according to the enumeration of children therein, and report the amount ap- portioned to the superintendent of public instruction, veri- fied by affidavit: Provided, however, That in no case shall the income of the congressional township school fund be- longing to any congressional township, or part of such town- ship, be diminished by such apportionment, or diverted or distributed to any other township: Be it also provided. That in making the said apportionment and distribution of the state tuition revenues apportioned to the county by the superintendent of public instruction, in case any school cor- poration shaJl not have expended for tuition purposes in any school year an amount as great as the amount of state tuition revenue apportioned and distributed to said corpo- ration by the auditor for said school year, then it shall be the duty of the auditor, at the first apportionment, after the annual report of the receipts and expenditures of said school corporation shall have been filed with the county commis- sioners, to deduct from the whole amount of state tuition revenue apportioned to said school corporation an amount equal to the dift'erence between the amount of state tuition revenue apportioned and distributed to said school corpora- tion for use in such school year, and th*e whole amount shown by such annual report to have been actually expend- ed for tuition purposes, and there shall be paid to the treas- urer of said school corporation the sum remaining after such amount shall have been deducted, and the county auditor shall include all such deductions in his report to the state superintendent of public instruction as tuition revenue col- lected in his county and ready for distribution at the next apportionment: Provided, That fimds arising from the local tuition tax shall not he considered in making the de- 178 SCHOOL LAW OF INDIANA. ductions provided for in this section, nor included in the said report to the state superintendent of public instruction. Any neglect or failure of any auditor to comply with the provisions of this section of this act shall be and constitute a misdemeanor, and upon conviction of any such auditor of the violation thereof, he shall be fined in any sum not less than the amount of such unexpended balance nor more than double the amount thereof. (R. S. 1897. § 6189; R. S. 1901, § 5973.) 1. Method constitutional. This metliod of apportionmeut is ac- cording to the command of the constitution, and, perhaps, it requires the same principle to be applied to the distribution among the counties. — Quick V. Whitewater Tp., 7 Ind. 570; Quick v. Springfield Tp., 7 Ind. 636. 2. Teacher's remedy. When a teacher obtains judgment against a school corporation, for services as such, and a return of execution thereon nulla bona, he may, by proper suit, obtain application of any school revenue in the county treasury belonging to such corporation to the payment of the judgment.— Trustees of the Town of JNIilford v. Simpson, 11 Ind. 520. 3. TktjStee's liability. If tlie township trustee receives funds, under this section, which belong to a school town within the township, he may, after demand, be compelled, by mandate, to pay the amount to the town.— Johnson v. Smith, 64 Ind. 275. 4. Rule for making apportionment. Auditors will find no trouble in adjusting the apportionment without the labor of giving in detail the spe- cific amount of each township's share of fbe two funds, if they will ascer- tain what the whole amount of the school revenues for the county, both common and congressional, will give each scholar on a per capita division, and then ascertain whether any township's congressional revenue will yield a larger dividend to its children. If any township thus has a larger per capita than that of the whole county from the combined revenues, exclude the children and congressional revenue of that township from the calculation, and distribute to the other corporations on the consolidation basis. An example may be presented, as follows : Congressional Tp. A — 300 children, $375 congres'nal revenue, $1.25 per capita " B— 200 " 1.50 " " 75 " " " C — 84 " 42 " " 50 " " D— 400 " 100 " " 25 " " " E— 250 I'he last four townships have 934 childre]i, and $292 congressional revenue. The common school revenue of the county amounts to $875.50, which, added to the $292, will make $1,167.50. This will give the last four townships $3.25 per scholar, the same that A receives from her congressional revenue alone, in which case the same result is obtained with or without in- cluding A's children and revenue. But if the common school revenue were SCHOOL LAW OF INDIANA. 179 only $828.S0, the last four townships would get only $1,120.80, or $1.20 per scholar. In this case A must receive the whole of her own revenue, which must not be diminished by any process of distribution ; and the remaining revenues must be distributed among the other corporations. •5. TOWK JNCOEPOKATED WITHIIST TOWNSHIP CuSTODt OF SCHOOL FUNDS. A distinct portion of a certain township of this state having become an in- corporated town, and elected school trustees, under the laws of the state, the trustee of such township, after the election, but before such school trustees had qualified, demanded and received of the county treasurer the school funds of the whole township, whereupon such school trustees, after qualifying, demanded of him the payment to their treasurer of the pro- portion of such school funds belonging such town, which he refused ; whereupon they filed an affidavit, reciting the foregoing facts, to compel him, by mandate, to pay over such moneys. It was decided that they were en- titled to recover.— ^John;^on v. Smith, 64 Ind. 275. 6. Statute valid. The above section is constitutional. — State v. Math- ews, 150 Ind. 597. 7. A township is not entitled to any of the school fund collected from the tax assessed under the general law so long as the interest on the con- gressional fund of such township alone amounts to more per capita than was left in the hands of the county auditor to apportion to other town- ships. — State V. Mathe\^s, 150 Ind. 597. [1865, S. p. 139. Approved and in force March 21, 1865.] 214. Interest on sinking fund. 1. All interest accrued or accruing on the sinking fund, or any other fund, held by this state for the benefit of the common schools of this state, on and after the first day of January, one thousand eight hundred and sixty-live, is hereby set apart for distribution as other revenues are distributed, for the support of the common schools of this state. (R. S. 1881, §4487; R. S. 1901, § 5974; R. S. 1897, § 6190.) [1897. p. 178. Approved March 6, 1897; in force April 14, 1897.] 215. Surplus dog tax fund. 13. The trustee shall reg- ister all losses in the order in which they are reported: Pro-* vided, That no person shall receive pay for sheep, horses, cattle, swine or other live stock or fowls killed or maimed by any dog or dogs owned or harbored by himself: Pro- vided, further, That the dog fund heretofore collected shall be added to and applied with the fund arising under the provisions of this act. And when it shall so occur on the [12] 180 SCHOOL LAW OF INDIANA. first Monday of March of any year in any township in the State of Indiana that said fund shall accumulate to an amount exceeding one hundred dollars over and above or- ders drawn on the same, the surplus aforesaid shall be paid and transferred to the county treasurer of the county in which such township is located and the fimd arising from such surplus from the township of the county shall consti- tute a county dog fund and shall be distributed among the townships of the county in which the orders drawn against the dog fund exceed the money on hand. This distribution shall be made on the second Monday in March of each year, and if said county dog fund be insufficient to pay for all the live stock or fowls maimed or killed by dogs of all the town- ships the distribution shall be made in the ratio of the or- ders drawn against the dog fund of the townships and un- paid and unprovided for, which ratio shall be obtained from the report of the trustees of the townships made to the au- ditor of the county which is hereby directed shall be made by each township trustee of the county upon the first Mon- day of March of each year, which report shall show all re- ceipts into the dog fund of his township, and all orders drawn against the same in the order in which they were drawn. And when i^- shall occur again upon the second Monday in March of any year that there is a surplus left of the county dog fund after provisions have been made for the paycnent for all the live stock or fowls killed or maimed, of all the townships of the courty, such surplus shall be dis- tributed for the schools of the county in the same manner the common school revenue of such county is distributed. (R. S. 1897, § 2910; E. S. 1901, § 2859.) 1. Tov, KS AMU ciTfKS. A towQ 01' city within a township is entitled to its proportionate share of the surplus dog fund. — Taggart v. State, 142 Ind. HGS (overruling School City of South Bend v. Jaquith, 90 Ind. 495) ; Maloy V. Madget, 47 Ind.- 241. See Flower v. State, 133 Ind. 453. 2. Plow APPORTIONED. The county auditor makes the apportionment according to the provisions of section 213. SCHOOL LAW OF INDIANA. 181 Sec. CHAPTER XII. SCHOOLS IN CITIES AND TOWNS. Sec 216. Bonds for school buildings. 231. Repeal. 217. Use of proceeds. 232. Towns — Funds for buildings — Bonds. 218. Special tax. 233. Refunding bonds. 219. Condition for building . 234. Trustees' bonds. 220. Surplus special school revenue. 235. Sale of property. 221. Bonds and notes, cities and towns may 236. Special tax. issue. 237. Surplus special revenue. 222. Tax to pay bonds and notes. 238. Repeal. 223 Trustees give bond. 239. Trustees — Bonds for building purposes 224. Additional bond issue — Schools. 240 Sale — Bond for proper use of funds. 225. Cities — Second class — Bonds for school 241. Special tax. buildings. 242. Surplus special school revenue. 226. Bonds in series — Time. 243. Repeal. 227. Tax for bond redemption. 244. Township business — Indebtedness — 228. Repeal. Issue of bonds. 229. Cities or towns — Bonds. 245. Duties of advisory board. 230. Tax levy. [1873, p. 80. Approved March 11, 1873, and in force July 7, 1873.] 216. Bonds for school baildings. 1. Any city or incor- porated town in this state which shall, by the action of its school trustees have purchased any ground and building or buildings; or may hereafter purchase any ground and building or buildings; or has commenced, or may here- after commence, the erection of any building or build- ings for school purposes; or which shall have, by its school trustees, contracted any debts for the erection of such building or buildings, or the purchase of such ground and building or buildings; or such trustee shall not have the necessary means with which to complete such building or buildings, or to pay for the purchase of such ground and building or buildings, or pay. such debt, may, on the filing by the school trustees of said city or town of a report, under oath, with the common council of such city, or the board of trustees of such town, showing the estimated or actual cost of any such ground and building or buildings, or the amount required to complete such building or build- ings, or purchase such ground and building or buildings, or the amount of such debt, on the passage of an ordinance 182 SCHOOL LAW OF INDIANA. authorizing the same by the common council of said city or the board of trustees of such town, issue the bonds of such city or town to an amount not exceeding in the ag- gregate fifty thousand dollars, in denominations not less than one hundred nor more than one thousand dollars and payable at any place that may be designated in the bonds (the principal in not less than one year nor more than twen- ty years after the date of such bonds, and the interest an- nually or semi-annually, as may be therein provided) to provide the means with which to complete such building or buildings, and to pay for the purchase of such ground and building or buildings, and to pay such debt. Such common council or board of trustees may, from time to time, nego- tiate and sell as many of such bonds as may be necessary for such purpose, in any place and for the best price that can be obtained therefor in cash: Provided, That such bonds shall not be sold at a price less than ninety-four cents on the dollar. (R. S. 1881, § 4488; U. S. 1901, § 5975; E. S. 1897, § 6191.) 1. Coj-Vteact foe ground. Under this section the bonds may be issued although the trustee has only contracted for the grounds or buildings. — Williams v. Town of Albion, 58 Ind. 329. 2. Valid. The above section is constitutional. — Clark v. Town of NoblosvilJe, 44 Ind. 83 ; Gardner v. Haney. 86 Ind. 17. 3. Location of schooi. peox'eety. As a rule, the school grounds and houses should be located Avithin the school corporation that owns them ; but the bonds of such corporation, negotiated and sold to procure means for the erection and completion of such school hoiises, are not void merely because they are located withoui the limits of the corporation. — Gardner v. Haney, 86 Ind. J 7. 4. TiTZ.E TO SCHOOL PKOPERTY — CONTROL OP. As*to the title and con- trol of school property three cases arise under the law prior to the act of 1893 : (i) When the school house is within the limits of the township the title is in the school township, and the township trustee controls and may sell. (2) "When the school house is situated within territory which is aft- erward incorporated into a town, then the title vests in the town, and the property is controlled by the school trustees of the town. — Carson v. State, 27 Ind. 465 ; School Town of Leesburgh v. Flain School Tp., 86 Ind. 582 ; Scliool Tp. of Allen v. School Town of Macy, 309 Ind. 559. (3) When the school house is located on territory which is taken into SCHOOL LAW OF INDIANA. 183 a city by addition, then the township trustee controls and sells, and credits the special school fund with the amount of the sale. — Heizer v. Yohn, 37 Ind. 415 ; Reckert v. City of Peru, 60 Ind. 473. 5. Petition not necessary. A petition of the taxpayers to the board of trustees or the common council is not necessary to enable the board to levy a tax to complete school buildings. — Clark v. Town of Noblesville, 44 Ind. S3. 6. Can not be enjoined. When the school trustees have complied with the law (section 2.19) by filing with tlie town board or common coun- cil a verified report, showing that, as such school trustees, they have con- tracted for the purchase of real estate on which to erect school buildings, and showing the amount of the debt incurred for such realty, and the esti- mated cost of such buildings, and asking the issuance of bonds, such board or common council may, by ordinance, authorize the issue and sale of bonds of such city, equal in amount to the cost of such real estate and the esti- mated cost of such buildings, and such board or common council can not be enjoined from so doing. — Williams v. .Town of Albion, 58 Ind. 329. 7. County seminary. The school city alone can bind itself on an obligation given for the purchase of a school building. — State v. Terre Haute, 87 Ind. 212. 8. Bonds for certain towns and cities. An act of 1901, p. 573, con- cerning the issuance of bonds in towns of a population, according to the census of 1900, not less' than 2.840 nor more than 2,850, applies only to Boonville. It is, because of its special character, not inserted in this work — Acts 1901, p. 573. For Salem, see acts 1901, p. 346; Portland, acts 1901, p. 578; Sullivan, acts 1901. p. 575; North Vernon, acts 1903, p. 13; Frankfort, acts 1003, p. 239; Bedford, acts 1903, p. 335; Rushville, acts 1903, p. 347; Arcadia, acts 190-3, p. 530; East Chicago, acts 1903, p. 533; Martinsville, acts 1903, p. 538 ; and Alexandria, acts 1903, p. 415. 217. Use of proceeeds. 2. The proceeds of the sales of such bonds shall be paid to the said school trustees, to en- able them to erect or- complete snch building or buildings and pay such debt. But before payment to them, such school trustees shall file with the county auditor a bond, payable to the state of Indiana, in a sum not less than the full amount of the said money so to be paid to them, and with security to be approved by said auditor, conditioned for the faithful and honest application of such money to the purpose for which the same was provided; and such trus- tees, and their surety or sureties, shall be liable to suit on such bond for any waste, misapplication, or loss of such money in the same manner as now provided for waste or 184 SCHOOL LAW OF INDIANA. loss of school revenue. (B. S. 1889, § 4489; R. S. 1901, §5976;R. S. 1897, § 6192.) 1. Failuke to give bond. If tbe trustees neglect or fail to give a bond, as required by this section, the treasurer and his sureties vpill be liable on the bond he was required to give under section 123, for all the funds arising from a sale of school bonds that he receives. — Hogue v. State, 29 Ind. App. 621. [1875, p. 29. Approved and in force March 11, 1875.] 218. Special tax. 3. In addition to levying the tax by cities or incorporated towns for general purposes, now au- thorized by law, the common council of any such cities, and boards of trustees of any such incorporated towns as shall avail themselves of the provisions of this act, are hereby authorized and' required to levy, annually, a special addi- tional tax, at the same time and in the same manner as other taxes of such city or town are levied, sufficient to pay the interest and principal of said bonds falling due; which additional special tax shall be assessed and collected as the taxes for state and county revenue are assessed and col- lected. The treasurer of said city or town shall keep ac- curate account of the revenue arising from said special tax, and shall in his reports, when required by the city or town authorities, show the amount thereof received, the amount disbursed, and the amount thereof, if any, remaining delin- quent. He shall pay out the same only by the authority of the common council of said city or board of trustees of such town; and shall permit the same to be applied to no other purpose than the payment of the principal and interest of such bonds; and official bonds of city and town treasurers shall be construed to cover and include revenue arising from this source. Persons residing outside of any such city or town, and electing to be transferred to such town or city for educational TJurposes, or who shall send their children to the school taught in any such building, shall, with their property, be liable to such tax, as if they resided in such city or town, on all property owned by said person in the township where such city or town is located: Provided, al- SCHOOL LAW OF INDIANA. 185 ways, That nothing in this act shall be construed to prevent the school trustees of such town or city from admitting pu- pils into such schools from outside such city or town, in their discretion, upon the payment of tuition therefor, and without subjecting the property of their parents to such taxation, when such schools are not crowded and their ad- mission shall, in no way, interfere with the progress of the children within such city or town : Provided, further. That the additional special tax, hereby authorized, shall not, in any one year, exceed fifty cents on any one hundred dollars of taxable property and one dollar on each poll. (R. S. 1881, § 4490; E. S. i894,§ 5977; E. S. 1897, § 6193.) 1. Section coin stitutional The provision subjecting to this tax per- sons residing outside tiie town or city, who, though not transferred, send to the school iu the building for which the bonds were issued, is not un- constitutional. — Kent V. Kentland, 62 ind. 291. 2. Levy (jbllgatosy. It is the duty of trustees to levy annually a special additional tax sufficient to pay the interest and principal of bonds issued for school buildings and falling due ; and where it appears that they have failed, neglected and refused to discharge their statutory duty, a writ of mandate is the proper legal remedy. — Gardner v. Hauey, 86 Ind. 17. [1879, S. p. 76. Approved and in force March 20, 1879.] 219. Condition before building. 1. Before the school trustees of any incorporated town or city in this state shall purchase any ground for school purposes, or enter into any contract for the building of any school building or build- ings, they shall file a statement with the trustees of such in- corporated town, or common council of such city, showing the necessity for such purchase of ground, or the erection of such building or buildings, together with an estimate of the cost of such ground or building or buildings, and the amount of means necessary to be provided to pay for such ground or building or buildings. And they shall not pur- chase any ground or enter into any contract for the build- ing of any school building or buildings, until such action be approved by the trustees of such incorporated town, or by the common council of such city: Provided, however. That there shall be nothing in this act so construed as to 186 SCHOOL LAW OF INDIANA. affect any purchase of grounds, or contract made for the erection of any building or buildings for school purposes, prior to the taking effect of this act. (R. S. 1881, § 4491; R. S. 1894, § 5978; R. S. 1897, § 6195.) [1879, S. p. 96. Approved March 31, 1879. In force May 30, 1879.] 220. Surplus special school revenue. 1. It shall be the duty of the board of school trustees of any city or incorpo- rated town in this state to pay over to the common council or board of school trustees of such city or town any surplus special school revenue in the hands of such school trustees, not necessary to meet current expenses; such excess of the revenue aforesaid to be applied for the payment of the in- terest or principal, or both, of any indebtedness incurred under the provisions of the act of March 8, 1873, authorizing cities and incorporated towns to negotiate and sell bonds to procure means to erect and complete untinished school buildings, and to purchase any ground and building for school purposes, and to pay debts contracted for the erec- tion and purchase of buildings and grounds. . (R. S. 1881, § 4492; R. S. 1894, § 5979; R. S. 1897, § 6195.) [1903. p. 350. Approved and in force March 9, 1903.} 221. Bonds and notes, cities and towns may issue. 1. In all cities of the state of Indiana which are incorporated under the general laws of the state, and in incorporated towns of this state, the boards of school trustees in such city or incorporated town are hereby authorized and em- powered to borrow money and to issue the bonds or notes of such school city or school town, such bonds or notes to bear interest at a rate not exceeding five per centum per annum, and payable at such times within ten years from date as such school board may determine. The money ob- tained as a loan on such bonds or notes shall be disbursed by order of such board in payment of expenses incurred in buying grounds, building school houses or in making re- pairs on school building's heretofore erected for such school SCHOOL LAW OF INDLA-NA. 187 city or town, and for no other use or purpose whatsoever. Before any such debt is incurred, such school officers shall give notice by publication for three consecutive weeks in some newspaper published in such city or town, and if none be so published, then in some newspaper of general circula- tion in such [county] city or town, or by posting such no- tices in five public places in such city or town for three weeks, which notices shall state the aggregate debt pro- posed to be incurred, the location of real estate, if it be pro- posed to buy real estate ; the character and size of the build- ing to be erected, and the nature of the improvement pro- posed: Provided, That if the aggregate debt proposed to be created exceeds three-fourths of one per centum of the tax- able property of such city or incorporated town, as ascer- tained by the last preceding assessment for state and county taxes, then such fact shall be certified by said school offi- cers to the common council of such city or the board of trustees of such town, and such common council or board of trustees shall at once cause the question, ''Shall such school debt be incurred," to be submitted to the electors of such city or town. The form of the ballot shall be "For the school debt;" "Against the school debt." The notices of the election shall state, among other things, the aggregate amount of the debt proposed to be incurred. Such question may be submitted at either a regular or a special election, and shall "in all things be governed by the general law for such elections. All expense of such election shall be paid by such city or town. The result of such election, as soon as determined, shall be certified by the town trustees or the common council to the proper school officers; and if a ma- jority of these voting are against incurring 'such school debt, the school trustees shall have no power to make such contract or incur such debt: Provided, further, That no Board of Trustees shall create any indebtedness exceeding two per centum of the taxable property of such city or town, as ascertained by the last assessment for state and county taxes previous to the incurring of the said indebtedness: 188 SCHOOL LAW OF INDIANA. And provided, further, That said bonds or notes shall not be sold at a less rate than one hundred cents on the one dollar. 1. Note. This section does not repeal section 216. 222. Tax to pay bonds and notes. 2. For the purpose of paying said bonds or notes issued as provided in the fore- going section, said school trustees are hereby empowered to levy annually a tax not to exceed twenty-five cents in any one year on each one hundred dollars of the taxable prop- erty of such city of town as ascertained by the proper as- sessing officers, and one dollar on each taxable poll: Pro- vided, That the revenue derived from such levy shall be used only in payment of the principal and interest of said notes or bonded indebtedness. A-uy surjjlus remaining after the payment of said indebtedness shall be covered into the special school revenues of such school city or towm. 223. Trustees give bond. 3. Before an}'^ board of school trustees shall sell or negotiate any of the notes or bonds herein provided for, such board of trustees shall file with the county auditor in which such city or town is sit- uate, a bond payable to the state of Indiana, in a sum not less than the face value of such notes and bonds so to be sold, with security to be approved by the auditor, condi- tioned for the faithful and honest application of all such moneys to the purposes specified in this act. [1907, p. 426. Approved and in force March 9, 1907.] 224. Additional bond issue — Schools. 4. After bonds or notes shall have been issued under this act any board of trustees of any school city or town in this state is hereby authorized and empowered to borrow money and issue its bonds or notes in any additional sum, not exceeding, includ- ing all issues, two per centum of the taxable property of such city or town, for like purposes as provided in section 1 of this act. Such additional issue of bonds or notes up to SCHOOL LAW OF INDIANA. 189 one and one-qnarter per centnm of the taxable property of • such city or town, including all former issues, may be made without being certified to the common council of such city or the- board of trustees of such town to be submitted to the electors of such city or town. This act shall not be con- strued to repeal any law of this state which authorizes school trustees of such cities or incorporated towns to levy taxes for school purposes and all parts of the general laws of this state not inconsistent herewith and which may be applicable to the general system as [of] common schools in such cities or towns shall be in full force and effect. [1907, p 164. Approved and in force March 5, 1907.] 225. Cities — Second class — Bonds for school buildings. 1. The board of trustees of the school corporation in any city of the second class in this state is hereby author- ized and empowered to issue, negotiate and sell bonds of such school city or corporation in such sums and denomina- tions as such board may deem advisable, to realize money for school uses and purposes; to purchase real estate; to erect buildings and suitably equip them for use for school purposes, including the cost of lighting, heating and sanita- tion. Also for the purpose of paying any sums due for buildings already erected. Also to fund and pay any ex- isting indebtedness of such school city or corporation. Such bonds shall be known as school funding and improve- ment bonds. They shall bear interest at the rate not ex- ceeding four (4) per cent, per annum, payable semi-annual- ly, and shall be sold at not less than par, and shall mature not later than ten years from the date of their issue. Such bonds may be issued from time to time as the needs of such school city or coporation shall require: Provided, That not more than one hundred and fifty thousand dollars ($150,000.00) of such bonds shall be in existence at any one time. No bonds shall be issued until the money there- for is paid to the treasurer of such board, and interest thereon shall begin to accrue at the time of the delivery 190 SCHOOL LAW OF INDIANA. thereof. Preparatory to offering such bonds for sale, the board of school trustees shall give notice for not less than four (4) weeks, of the date fixed for the sale of such bonds, together with a description of such bonds, and of such offer, and invite bids therefor. Such notice shall be given by ad- vertisements once each week in at least one newspaper pub- lished in such school city or corporation, and such other ad- vertisements as the board may make. Said board shall sell such bonds to the highest or best bidder; but shall have the right to reject any and all bids. 226. Bonds in series — Time. 2. Said bonds shall be is- sued in a series so that a portion thereof shall fall due each year from and after the date of issuance thereof. The full time for which said bonds shall run shall be ten years from date of issue. One-tenth thereof shall fall due each year, which portion then falling due, together with interest there- on, shall be paid and cancelled. 227. Tax for bond redemption. 3. At the time of the levying of taxes first succeeding the issue of such bonds, the school trustees of such school city or corporation shall have the right, in addition to other taxes which they are now authorized to levy, to levy a tax sufficient to meet the amount of principal and. interest of said bonds first falling due, and thereafter to levy each year a tax to meet such portion of said bonds, together with interest thereon, as shall each year fall due: Provided, That such levy shall not for any year exceed eight cents on each one hundred dollars of taxable property of such school city or cor- poration. 228. Repeal. 4. All laws and parts of laws in conflict herewith are hereby repealed ; but this law shall not affect any bonds heretofore issued under any law in force at the time they were issued, nor shall it affect any law applying to any cities or corporations than those of cities of the sec- ond class. SCHOOL LAW OF INDIAWA. 191 [1907, p. 569. Approved March 12, 1907. In force April 10, 1907.] 229. Cities or towns — Bonds. 1. In all cities of the State of Indiana which are incorporated nnder the general laws of the state, and in all incorporated towns of this state, when the school cit7 or school town of any such city or in- corporated town is indebted, at the time of the passage of this act, which indebtedness is evidenced by bonds, notes or other obligations heretofore issued or negotiated by any such school city or school town, for the purpose of funding or refunding such indebtedness or any part thereof, reduc- ing the rate of interest thereon, extending the time of pay- ment thereof, and cancelling so much thereof as may be due or which shall become due, the board of school trustees of any school city or school town, in such cities or incorpo- rated towns, are hereby authorized to issue the bonds of such school city or school town,, with interest coupons at- tached, for an amount not exceeding in the aggregate the whole amount of the indebtedness of such school city or school town, which bonds may be in any denomination not less than fifty ($50.00) dollars nor more than one thousand ($1,000.00) dollars, and shall be payable at any place named therein and at a time not later than twenty-five years from the date thereof, and shall bear any rate of in- terest not exceeding four per cent, per annum, payable an- nually or sem-annually, and such board of school trustees of any such school city or school town may negotiate such bonds at any market or place at not less than par : Pro- vided, That this act shall not be construed as authorizing and empowering trustees of such school cities or school towns to issue funding or refunding bonds for any indebt- edness that may be created after the taking effect of this act. 230. Tax levy. 2. For the purpose of paying bonds is- sued as provided in the foregoing section, the board of school trustees of any such school city or school town shall add to the tax duplicates thereof, annually, a levy sufficient 192 SCHOOL LAW OF INDIANA. to pay all yearly interest on said bonds and may provide a sinking fund for the liquidation of the principal thereof when it shall become due, which sinking fund, together wth the interest, increase or profit thereon, shall be applied to the payment of said bonds and to no other purpose. 231. Repeal. 3. All laws and parts of laws in conflict with the provisions of this act are hereby repealed. [1907, p. 676. Approved and in force March 12, 1907. 232. Towns — Funds for buildings — Bonds. 1. The board of school trustees of any incorporated town having a population of not more than 2,000, according to the last preceding United States census, when it shall be found nec- essary for the proper accommodation of its schools to pur- chase a site and erect buildings thereon for school purposes and when such school trustees shall not have sufficient funds of such school town for such purposes, may on the filing of a report under oath with the board of trustees of the town in which such school corporation is situated, showing the actual or estimated amount required to pay for such ground and buildings and on passing of a resolu- tion approving the same by said board of trustees, issue the bonds or notes of such school town to an amount not exceeding in the aggregate $6,000 in denominations of not less than $100 payable at any place designated by such school trustees, the principal to become due and payable in annual installments as nearly equal as possible and run- ning such length of time not exceeding 15 years, as the board of school trustees deem best, from the date of such bonds or notes, and the interest annually or semi-annually, as may be therein provided, not to exceed six per cent, per annum, to provide means with which to purchase such site and erect such school buildings. Such board of school trus- tees may, from time to time negotiate and sell as many of such bonds or notes as may be necessary for such purpose in any place and for the best price that can be obtained SCHOOL LAW OF INTHANA. 193 therefor in cash : Provided, That such bonds or notes shall not be sold for less than their par value. Such bonds or notes shall be the debt of the school town for the benefit of which they are issued, and such school town shall as- sume and pay and be solely liable for the payment of such bonds or notes. 233. Refunding" bonds. 2. In all cases where bonds or notes have been issued for the purposes stated in section 1 of this act, by the board of school trustees of any such town in this state, the board of school trustees of the school town located in such town are hereby authorized and em- powered to refund said notes or bonds by issuing in lieu thereof the bonds or notes of such school town : Provided, That the consent of the board of trustees of such town shall be first given thereto by resolution. Such refund- ing bonds or notes shall be issued and sold on the same terms and subject to the same restrictions and conditions as herein provided for the original issue of bonds or notes. 234. Trustees' bond. 3. Before any board of school trustees shall sell any of the bonds or notes provided for in sections 1 and 2 of this act, such board of school trus- tees shall file with the county auditor a bond payable to the state of Indiana in a sum not less than the face value of the bonds or notes so to be sold, with security to be approved by the auditor, conditioned for the faithful and honest application of such money to the purpose for which the same is provided, and such board of school trustees and their sureties shall be liable to a suit on such bond for any waste, misappropriation or loss of such money, as is now provided for waste or loss of school revenue. 235. Sale of property. 4. Such board of school trustees may sell school property in accordance with the provision of law, and apply the proceeds of such sale to the increase of the fund provided for in section 1 of this act, and such increase shall be used only for the purpose contemplated 194 SCHOOL LAW OF INDIAlSrA. in such section in the purchase of a site and the erection thereon of school buildings. Nothing in this act shall be deemed to prevent or prohibit the funds of any township in which any such town is situated from being applied in conjunction with the funds of such school town herebe- fore provided for in section 1 and for the purpose herein set forth, under such agreement as to construction and use of such school buildings as may be determined upon by such school authorities of the town and township : Pro- vided, That any building so constructed shall be located within the limits of such incorporated town. 236. Special Tax. 5. In addition to levying the special tax for special school revenue now authorized by law, the board of school trustees of any such town as shall have availed themselves of the provisions of this act, are hereby authorized to levy annually a special additional tax, at the same time and in the same manner as other school taxes of such towns are levied, for the purpose of paying the inter- est on said bonds or notes and principal falling due, which additional special tax shall be assessed and collected as the taxes for state and county revenue are assessed and col- lected, and the official bond of the treasurer of such board of school trustees shall be construed to cover and include revenue arising from this source : Provided, That the ad- ditional special tax hereby authorized shall not in any one year exceed fifty cents on any one hundred dollars of tax- able property and one dollar on each taxable poll. 237. Surplus special revenue. 6. It shall be the duty of the board of school trustees of such towns in this state to apply any surplus special school revenue in their hands, not necessary to meet current expenses, for the payment of the interest or principal, or both, of any indebtedness incurred under the provisions of this act. 238. Repeal. 7. All laws and parts of laws in conflict with the provisions of this act are hereby repealed. SCHOOL LAW OF INDIANA. [1907, p. 655. Approved and in force March 12, 1907.] 195 239. Trustees — Bonds for building purposes. 1. The board of school trustees of any incorporated town or city having a population of less than five thousand (5,000), as shown by the last preceding United States census, which shall have purchased ground for the erection of any build- ing or buildings for school purposes, or which shall have contracted any debts for the erection or repair of such building or buildings, and which shall not have the neces- sary means with which to erect such building or buildings, or to pay such debt, may, on the filing of a report under oath, with the board of trustees of the incorporated town or the common council of the city in which such school corporation is located, showing the actual or estimated amount required to erect such building or buildings, or the amount of such debt, on the passage of a resolution ap- proving the same by the board of trustees of such town or common council of such city, may issue the bonds of such school town to an amount not exceeding in the aggregate forty thousand dollars ($40,000.00) in denominations not exceeding one hundred (100) nor more than one thousand dollars ($1,000.00), said bonds not to exceed five per cent, interest, and payable at any place that may be designated in such bonds, the principal in not less than ten years nor more than twenty-four years from the date of such bonds, and the interest annually or semi-annually, as may be therein provided, to provide means to erect such building or buildings or to pay such debt. Such board of school trustees may from time to time negotiate and sell as many of such bonds as may be necessary for such purpose in any place and for the price that can be obtained therefor in cash: Provided, That such bonds shall not be sold for less than their par value. 240. Sale — Bond for proper use of funds. 2. Before any board of school trustees shall sell any of the bonds provided for in section 1 of this act such board of school trustees shall file with the county auditor a bond payable [13] 196 SCHOOL LAW OF INDIANA. to the state of Indiana in a sum not less than the face valne of the bonds so to be sold, with security to be approved by the auditor, conditioned for the faithful and honest applica- tion of such money to the purpose for which the same is provided, and such board of school trustees and their sure- ties shall be liable to a suit on such bond for any waste, misapplication or loss of such money as is now provided for waste or loss of school revenue. 241. Special tax. 3. In addition to levying the special tax for special school revenue, now authorized by law, the board of school trustees of any such towns or cities as shall have availed themselves of the provisions of this act are hereby authorized and required to levy annually a special additional tax at the same time and in the same manner as other school taxes of such towns or cities are levied, suffi- cient to pay the interest and principal of said bonds falling due, which additional special tax shall be assessed and col- lected as the taxes for state and county revenue are as- sessed and collected. The treasurer of said board of school trustees shall keep an accurate account of the revenue aris- ing from said additional special tax and shall permit the same to be applied to no other purpose than the payment of the interest and principal of such bonds, and at the end of such school year the treasurer of such board of school trustees shall file with the board of trustees of the incor- porated town or common council of such city in which such school corporation is located his sworn report as to such funds, showing the amount received by him, the amount paid out, when the same was paid, to whom and for what pur- pose it was paid, and the amount thereof, if any remaining in his hands, and if there be remaining in his hands an amount equal to or exceeding one cent on each one hundred dollars of taxable property of such town, the same shall be taken into accoun-t in making the levy for the ensuing year, and the official bond of the treasurer of such board of school trustees shall be construed to cover and include revenue arising from this source: Provided, That the SCHOOL LAW OF INDIANA. 197 additional special tax levy hereby authorized shall not in any one year exceed fifty cents on any one hundred dollars :. " taxable property and one dollar on each poll. 24/i. Surplus special school revenue. 4. It shall be the duty of the boards of school trustees of such incorporated to.wns or citie.^ in this state to apply any surplus special school revenue in their hands not necessary to meet the cur- rent expenses foi the payment of the interest or principal or both, of any indv'^btedness incurred under the provisions of this act. 243. Repeal. 5. All laws and parts of laws in conflict with the provisions of this act are hereby repealed. [1905, p. 33. Approved February 23, 1905. In force April 15.1905.] 244. Township business — Indebtedness — Issue of bonds. 1. Any township in this state, being indebted to an amount beyond the ability of the current taxes to meet, and which indebtedness is evidenced by bonds, notes or other obliga- tions heretofore issued or negotiated by such township, may for the purpose of funding or refunding such indebted- ness or any part thereof, reducing the rate of interest thereon, extending the thiie of payment thereof and can- celing so much thereof as may be due, or which shall here- after become due, upon the vote of all the members of the advisory board of such township, together with the ap- proval of the township trustee of such township, issue its bonds, with interest coupons attached, for an amount not exceeding in the aggregate the amount of such indebtedness of such township, which bonds may be of any denomina- tion not less than fifty dollars and not more than one thou- sand dollars, and shall be payable at any place named there- in in equal annual installments, not exceeding in all the period of fifteen years, and shall bear any rate of interest not exceeding six per cent, per annum, payable semi-annu- ally, evidenced by coupons attached to such bonds, and may 198 SCHOOL LAW OF INDIANA. be negotiated at not less than par. The amount of such" bonds in no event to exceed the constitutional limit of in- debtedness. 245. Duties of advisory board. 2. The advisory board of such township shall add to the tax duplicate thereof annually a levy sufficient to pay the yearly interest on said bonds and provide a fund for the liquidation of the prin- cipal thereof as they become due, and it shall be unlawful for the township trustee or advisory board to apply the funds arising from such levy to any other purpose. SCHOOL LAW OF INDIAITA. 199 CHAPTEE XIII. SCHOOIi SYSTEM IN LARGE CITIES. (See Section 255 and following.) Sec. 246. School system. 247. School districts . 248. Organization — Term — Vacancies. 249. Duties and powers. 250. Tax collectors and payments. Sec. 251. Sessions — Records — No pay. 252. General school law in force. 253. Temporary loans. 254. Bonds in cities. [1871, p. 20. Approved and in force March 3, 1871.] 246. School system. 1. In all cities of this state of thirty thousand or more inhabitants, according to the United States census for the year eighteen hundred and seventy, there shall be elected, by the qualified electors of each school district of such city, one school commissioner to serve as a member of the board of school commission- ers of such city. The first regular election for school com- missioners, under this act, shall be held on the second Sat- urday in Jun*e, in the year eighteen hundred and seventy- one, at the places to be fixed on for holding such election in the school districts of such city by the common council. All elections for school commissioners shall be held in the same manner as elections are now held, and shall be gov- erned by the same laws that now govern general and mun- icipal elections. The persons declared elected shall have issued to them, by the city clerk, certificates of election; and they shall, within ten days thereafter, take an oath of office, and file the same with the city clerk. All regular elections for school commissioners shall, thereafter, be held annually, on the second Saturday in June. (R. S. 1881, § 4457; R. S. .1901, § 5936; R. S. 1897, § 6157.) 1. Repealed. The abo^e section and the -next six are probably re- pealed by the act of lS9iJ, l)eginning with section 255. 2. Legality. In view .of the decision rendered in the case of Camp- bell V. City of Indianapolis, 155 Ind. 186, same case, 57 N. E, Rep. 920, it may be well doubted if this act of March 3, 1871, is constitutional ; but all bonds issued according to the provisions of this act were rendered valid by the act of 1899 (acts 1899, p. 434), which follows in chapter XIII. 200 SCHOOL LAW OF INDIANA. 247. School districts. 2. It, is hereby made the duty of the common council of any such city, on or before the first Monday in May, 1871, by ordinance, to district the city into as many school districts as there are wards, and to define the boundaries of each district, and such boundaries may be the present ward boundaries, or otherwise, as the common council may determine. Such school districts shall, how- ever, be subject to change by the board of school commis- sioners at any time after its organization; and in case the number of districts is increased, each additional district shall be entitled to elect one school commissioner for such district at the annual election for school commissioners. The common council shall, at the time such ordinance is adopted creating such districts, order an election to be held in each of such districts for school commissioners thereof, on the second Saturday in June following; and shall direct the city clerk to give ten days ' notice thereof in some daily newspaper of such city. (R. S. 1881, § 4458; R. S. 1901, § 5937; R. S. 1897, § 6158.) 248. Organization — Term — Vacancies. 3. On the first Monday in July following the first election of school com- missioners herein provided for, such school commissioners shall assemble at the office of the board of school trustees of such city, and proceed to organize the board of school commissioners of such city by electing one of their number as a president, one of their number as a treasurer, and one of their number as a secretary ; each of which officers shall serve for one year and until his successor is elected and qualified. The members of such board of school commis- sioners shall then determine, by lot, which three of their number shall hold office for three years, and which three shall hold office for two years ; and, after having so deter- mined, the president of the board shall issue to the persons so determined certificates entitling them to hold office for the terms respectively allotted; and the remaining mem- bers shall receive, from the president of the board, certifi- cates showing that each is entitled to hold office for one SCHOOL LAW OF IISTDIANA. 201 year; and all persons elected as school commissioners "at the annual elections thereafter shall be entitled to hold office for three years each. All vacancies occurring at any time prior to the annual election shall be tilled by a ballot vote of a majority of the members of such board; and the persons so elected to fill such vacancies shall serve until the next annual election for school commissioners. All per- sons elected at any regular annual election, or by the board to fill any vacancy, shall serve until their successors are elected and qualified. It is hereby made the duty of the board of school trustees in office at the time of the organiza- tion of the board of school commissioners, to at once turn over to the board of school commissioners all books and papers pertaining to their trust, and to place in possession of the board of school commissioners all moneys, title papers, and property belonging to the school trustees of common schools of such city ; and such board of school trus- tees shall thereafter cease to perform any and all duties whatever connected with the schools of such city. (R. S. 1881, § 4459; R. S. 1901, § 5938; R. S. 1897, § 6159.) 249. Duties and powers. 4. Such board of school com- missioners is hereby authorized — First. To district the city for the purpose of electing school commissioners therein, and also to subdivide tlie city for general school purposes. Second. To levy all taxes for the support of the schools within such city, including such taxes as may be required for .paying teachers, in addition to the taxes now authorized to be levied by the general assembly of this state by the general laws thereof: Provided, No such tax levy, in any one year, shall exceed the sum of twenty-five cents on each one hundred dollars of the taxable property, as assessed for city taxes by the city assessor, for purchasing grounds, building school houses, and furnishing supplies for such buildings; or twenty-five cents on each one hundred dol- lars of such taxable property, for the purpose of paying teachers. 202 SCHOOL LAW OF INDIANA. Third. To levy a tax, each year, of not exceeding one- fifth of one mill on each dollar of taxable property as- sessed for city taxes by the city assessor, for the support of free libraries in connection with the common schools of snch city; and to disburse any and all revenue raised by such tax levy in the purchase of books, and in the fitting up of suitable rooms for such libraries, and for salaries to librarians; also to make and enforce such regulations as they may deem necessary for the taking out from and re- turning to, and for the proper care of, all books belonging to such libraries, and to prescribe penalties for the viola- tion of such regulations. Fourth. To examine, either by a committee of such board of school commissioners or by an officer of such board, selected for that purpose, all teachers applying for positions in the schools of the city; and to license such as may be qualified — such license to be limited to the city in which the same is granted. Fifth. To purchase grounds, construct school buildings, purchase supplies, employ and pay teachers, appoint sup- erintendents, and disburse, through the treasurer of the board of school commissioners, moneys for all school and library expenses. Sixth. To require the treasurer of the board of school commissioners to give bond in such sum, and with such surety, as the board may determine, for the faithful dis- charge of his duties, and for the safe-keeping and faithful accounting for all moneys that may come into his hands as such treasurer. Seventh. To establish and enforce regulations for the grading of and course of instruction in the schools of the city, and for the government and discipline of such schools. Eighth. To prepare, issue and sell bonds to secure loans, not exceeding in the aggregate the sum of one hundred thousand dollars, in anticipation of the revenue, for build- ing school houses, to bear such rate of interest, not exceed- ing ten per cent, per annum, and payable at such time, with- SCHOOL LAW OF INDIANA. 203 in five years from date, as the board may determine; and the money obtained as a loan on any such bonds shall be disbursed by order of such board, in payment of expenses incurred in building school houses: Provided, That until all the bonds of any one issue shall have been redeemed, such board shall not be authorized to make another issue ; nor shall any such bonds be sold at a less rate than ninety- five cents on the dollar. (R. S. 1881, §4460; R. S. 1901, § 5939; R. S. 1897, § 6160.) 1. Can not levy toll tax. The board of school commissioners has ]io power to levy a poll tax for the support of the common schools of the city, or for a special fund for the support of such schools. — The Board v. Magner, Si Ind. 07. 2. Fifth akd eighth clalvsf.s. Under the fifth clause the school com- missioners ha'se power to contract for the erection and completion of school houses, and to agree to pay therefor partly in cash and partly on time, and to make and deliver their notes for the deferre'd payments, which are valid obligations, binding upon their school cities, notwithstanding the fact that there may be at the time outstanding bonds to the amount of $100,000, issued and sold under the eighth clause, to secure loans in anticipation of the rev- enue, for building school houses, and that such money had been disbursed for that purpose. The powers conferred under the fifth clause are limited only by the educational wants of the school corporations under the board's control, in the exercise of a sound and reasonable discretion. The eighth clause -was not intended to be, and is not, a limitation upon the general powers conferred upon the board by the fifth clause. It confers additional "and extraordinary powers not conferred upon school corporations generally, and the proviso therein contained is a limitation only on the board's exer- cise of such additional and extraordinary powers. — Fatout v. Board, 102 Ind. 22B. 3. Notes. Notes executed by the board in settlement of just debts fairly contracted for the legitimate purposes of the school corporation, do not come within the meaning of the eighth clause, or of the proviso, and are valid.— Fatout v. Board, 102 Ind. 223. . 4. Tax lev^-. See acts 1885, p. 17, sec. 9. (R. S. 1901, § 8752; R. S. 1897, § 4277.) 5. Mechanic's lien — Public policy. A mechanic's lien for work done, or materials furnished, in the erection of a public school house, can not be acquired or enforced. It is against public policy. — Fatout v. Board, 102 Ind. 223, overruling Shattell v. Woodward, 17 Ind. 225. 250. Tax collection and payment. 5. All levies of taxes made by order of the board of school commissioners shall be certified by its president and secretary to the city clerk. 204 SCHOOL LAW OF INDIANA. who shall cause the same to be placed on the tax duplicate against all property assessed for city taxes; and the city treasurer shall collect the same as city taxes are collected, and shall, once in each month, pay over all such taxes so collected to the treasurer of the. board of school commis- sioners of such city. All taxes hereafter collected by the county treasurer for school purposes on levies hereafter made, and all moneys that may be hereafter distributed as a part of the common school fund by county officers, to which the common schools of such city shall be entitled, shall be paid over by the county treasurer to the treasurer of the board of, school commissioners; and all taxes here- after collected by the city treasurer on levies heretofore made for school purposes shall be paid over by such treas- urer, once in each month, to the treasurer of the board of school commissioners of such city. (R. S. 1881, § 4461; R. S. 1901, § 5943; E. S. 1897, § 6161.) 251. Sessions — Record — No pay. 6. The said board of school commissioners shall hold its sessions at such times as it may determine, and shall keep a record of all its pro- ceedings. The members of such board shall serve without any compensation whatever. (E. S'. 1881, § 4462; E. S. 1901, § 5945; E. S. 1897, § 6162.) 252. General school law in force. 8. All parts of the general school laws of this state, not inconsistent herewith, and which may be applicable to the general system of the common schools in such city, herein provided for, shall be in full force and effect in such city. (E. S. 1881, § 4463; E. S. 1901, § 5946; E. S. 1897, § 6163.) [1877, p. 123. Approved and in force March 3, 1877.] 253. Temporary loans. 1. The board of school com- missioners of any city embraced within the provisions of sections 4457 to 4463 may, whenever the funds for the sup- port of the common schools in such city throughout the reg- ular school year shall be insufficient or exhausted, make SCHOOL LAW OF ESTDIANA. 205 temporary loans for the support of such schools durmg such time, and until the receipt of the school revenue of. the current year; but no more than is sufficient for such purpose, nor the amount of such revenue for the current year, shall be borrowed at any one time, and no further loan shall be made until such temporary loan shall be paid. (R. S. 1881, § 4461; R. S. 1901, § 5947; R. S. 1897, § 6164.) [1889, p. 101. Approved and in force March 5, 1889.] 254. Bonds in cities. 1. Boards of school commission- ers in all cities of this state having thirty thousand, or more, inhabitants, according to the United States census for the year eighteen hundred and seventy, are hereby authorized to prepare, issue and sell bonds to secure loans not exceeding in the aggregate, at any one time, the sum of two hundred and tifty thousand dollars, in anticipation of the revenue, for purchasing grounds and building school houses, to bear such rate of interest, not exceeding six per cent, per annum, and payable at such time within ten years from date, as the board may determine; and the money obtained as a loan on any such bonds shall be disbursed by the order of said board in payment of indebtedness in- curred in the purchasing of grounds, or building of school houses, or in refunding any bonds or other evidence of in- debtedness issued for such purpose. Such bonds may be is- sued in such denominations and in such sums as the board of school commissioners may deem to be expedient: Pro- vided, That at no time shall the amount of such bonds so issued by any such board of school commissioners, then out- standing, exceed said sum of two hundred and fifty thou- sand dollars : And provided, further. That such bonds shall not be sold for less than their par value. (R. S. 1901, § 5940;R. S. 1897, § 6165.) 1. Bonds. As to validity of bonds issued under this and previous sec- tions see Campbeil v. City of Indianapolis, 1.55 Ind. 186; same case, .57 N. E. Rep. 920. 206 SCHOOL LAW OF INDIANA. CHAPTEE XIV. SCHOOLS IN CITIES OF 100,000 INHABITANTS. Sec. Sec 255. Act of March 3, 1871, in force. 274. 256. Qualifications of commissioners 275. 257. Nomination and election. 276. 258. Terms. 277. 259. Organization of board. 278. 260. Committees — Salaries — Rules. 279. 261. Legislative act — Directors' approval. 280. 262. Officers and teachers — Examinations. 281. 263. Directors — Duties. 282. 264. Superintendent ■ — Text-books — rian — Appointments. Libra- 283. 265. Discharge of employes. 284. 266. Director's duties — Bond. - 285. 267. Auditor of school board. 286. 268. Warrants. 287. 269. Evidence of indebtedness. 288. 270. Illegal warrant — Liability. 289. 271. Apprporiation necessary. 290. 272. Auditor's report — Bond — Pay. 291. 273. Accountants. 292. Payments to treasurer. Contract, appropriations for necessary. Contracts to be in writing — Supplies. Bids for school houses . Funding indebtedness. Tax levy. School law in force. Old school board. Limit of debt. Bonds to purchase real estate and erect buildings — Bids. Purchase of grounds and buildings. Eminent domain, may exercise. Removal of commissioner. Levy to pay debts. Subsequent censuses. Manual training schools. Teachers and instructors. Tax to support schools. Transfer of property. [1899, p. 434. Approved and in force March 4, 1899.] 255. Act of March 3, 1871, in force. 1. The govern- ment of common schools in cities of one hundred thousand or more inhabitants, according to the last United States census, shall be vested in a board of school commissioners, which shall consist of five school commissioners. The said board of school commissioners shall have and exercise all the powers now conferred by an act of the general assembly of this state, approved March 3, 1871, entitled ''an act pro- viding for a general system of common schools in all cities of thirty thousand or more inhabitants, and for the election of a board of school commissioners for such cities, and de- fining their duties and prescribing their powers, and pro- viding for common school libraries within such cities, ' ' and all acts amendatory thereof, and supplemental thereto; and also all powers now conferred by law on boards of school commissioners in cities of thirty thousand or more inhabitants, according to the United States census of 1870, as well as the powers now conferred by law on boards of SCHOOL LAW OF INDIANA. 207 school commissioners in cities of one hmidred thousand or more inhabitants, except as otherwise herein provided. And said board of school commissipners provided for by this act shall assume, pay and be liable for all the indebted- .ness and liabilities of boards of school commissioners here- tofore elected under the above described acts. (R. S. 1901, § 3904x.) 1. Staiuie valid. This statute is valid. — Campbell v. City of Indi- anapolis, 155 Ind. 186; same case, 57 N. E. Rep. 920. Statute referred to, section 246. 256. Qualifications of commissioners. 2. The members of such board of school comraissioners shall be at least twenty-five years of age, residents of the city, and shall have been such residents for at least three years immedi- ately preceding their election. They shall be ineligible to any elective or appointive office under such board of school commissioners and under the government of such city while holding membership in said board. They shall not be in- terested in any contract with or claim against the school city in which they are elected, either directly or indirectly. If at any time after the election of any member of said board he shall become interested in any such contract with or claim against said school city he shall thereupon be dis- qualified to continue as a member of said board, and a vacancy shall thereby be created. Every member of said board shall, before assuming the duties of his office, take an oath before some one qualified to administer oaths that he possesses all of the qualifications required by this act, that he will honestly and faithfully discharge the duties of his office, that he will not, while serving as a member of such board, become interested, directly or indirectly, in any contract with or claim against said school city, and that he will not be influenced during his term of office by any consideration of politics or religion or anything except that of m.erit and fitness in the appointment of officers and the engagement of employes. No compensation shall be received by members of the board, but they shall be exempt 208 ■ SCHOOL LAW OF INDIANA. from jury duty during their term of office. (R. S. 1901, § 3904y.) [1903, p. 6. Approved and in force January 29, 1903.] 257. Nomination and election. 3. The said board of school commissioners shall be elected, except as specified in section 4 of this act, on a general ticket for the term of four years, by the voters of said city qualified to vote at its city elections. The members of such board shall be elected at the regular city election of such civil city, and shall be taken from the city at large without reference to districts, and such election shall be held under the provisions of the general laws governing such city elections, so far as they are not inconsistent with the provisions of this act. The expense of such election, except that of printing the ballots, shall be borne by the civil city. Not later than forty days before any election for members of the board of school com- missioners, provided for in this act, hou^seholders of said city may present names of candidates for election as mem- bers of said board of school commissioners by filing the nominations in .the office of the comptroller of said city in the manner following : Each candidate shall be proposed in writing by not fewer than three hundred householders of said city. No more than one candidate may be named in any one petition and no person may sign more than one petition for any one election. Upon the filing of such petitions in the office of the comptroller, as aforesaid, the comptroller shall place the same in the public files of his office and for five days, the last of which shall be not less than thirty days before the election, he shall publish the names proposed in two daily newspapers of the city, and at the time required by law shall certify such nominations to the regular board of election commissioners for said city election. Any one thus nominated may withdraw his nomi- nation by a written declination filed with the comptroller before the certification of the same as aforesaid. The comp- troller shall not certify or publish the name of any candi- date who shall appear to be ineligible under the provisions SCHOOL LAW OF IjSTDIA.N^A. 209 of section 2 of this act. The election commissioners shall prepare ballots the color and quality of whose paper shall be the same as that of the regular city ballots. The ballots so prepared shall contain the names of all such candidates arranged in alphabetical order in colmims according to the following method: The names of candidates for each term shall be printed in a separate column, those for the regular term in the first column and those to fill vacancies in the second column, and such names shall be printed upon the ballots in rotation in such manner, as nearly as possible, that the name of each candidate shall appear at the head of the column for his term, whether the regular or the va- cancy term, as often as that of any other such candidate shall so appear, and in the second place a like number of times, and so on. In printing the ballots, the positions of the several names shall be changed as many times as there are candidates to be voted for. In changing the positions, the printer shall take the name at the head of the column and put it at the foot, raising the remainder of the column so that the name that was second before the change shall be first after the change. After the ballots are printed they shall be kept in separate piles, one pile for each change of position, and then gathered by taking one from each pile and placing it upon the pile to be blocked in such a way that every block of one hundred ballots (and all ballots shall be sent out in blocks of one hundred each) shall have as nearly as possible an equal number of ballots of each kind, and the name of each candidate thereon shall ap- pear severally in first, second, -third and fourth place, and so on, upon the several ballots an equal number of times with each of the other candidates for the said term. There shall be nothing on the face of said ballots except as other- wise provided herein and except the names of the candi- dates and the respective terms for which they are candi- dates, together with a square in front of each name and a statement at the head of each column of the number of candidates for that term for whom the elector mav vote. 210 SCHOOL LAW OF INDIANA. and that the elector shall indicate his choice by marking a cross in the square opposite the name of each candidate for whom he votes, and not elsewhere. Such ballots shall be voted at the regular city election and deposited in a sepa- rate ballot box to be provided for the purpose. Each elector may vote for as many candidates as there are members to be elected, by marking a cross in the square opposite the name of each candidate for whom he votes. No election officer, challenger, or poll book holder shall indicate to any elector offering himself to vote what he believes or under- stands to be the political affiliation of any candidate for school commissioner. The candidates, in number equal to the number of members to be chosen, for the respective terms for which they shall have been nominated, who have the highest number of votes of those cast for such term, shall be declared elected. If at any election a member is to be chosen to fill a vacancy and to serve out an unexpired term, candidates may be chosen as above provided, but they shall in all cases be nominated or proposed for such vacancy and designated in the petition and on the ballot as candidates to fill such vacancy, and the date of the ex- piration of the unexpired term shall be stated. The vacan- cies in said board of school commissioners shall be filled temporarily by the board as soon as practicable after such vacancy occurs. Such member so chosen shall hold office until his successor be elected and qualified. His successor shall be elected at the next regular city election, when the vacancy shall be filled for the remainder of the term. Any person violating any of the provisions of this section shall be fined upon conviction in any sum not exceeding two hundred dollars. [1899, p. 434. Approved and in force March 4, 1899.] 258. Terms. 4. At the city election occurring on the second Tuesday in October, 1899, five members of the board of school commissioners shall be elected to serve as herein provided. They shall assume office on the first day of Janu- SCHOOL LAW OF INDIANA. ' 211 ary, 1900, and meet at the office of the present board of school comnjissioners of snch city at twelve o'clock, noon, and proceed to organize. Within one week after the organi- zation of the said elected board they shall meet to divide themselves by lot, in such manner as they shall determine, into two classes, as follows: The first class, consisting of three members, shall hold office through the 31st day of De- cember, 1901. The second class, consisting of two members, shall hold office through the 31st day of December, 1903. Thereafter, regular elections of members of the board of school commissioners shall occur at the regular city elec- tions, held on the second Tuesday of October of each alter- nate year. In the year 1901, and every fourth year there- after, three members shall be elected. In the year 1903, and every fourth year thereafter, two members shall be elected. [1901, p. 512. Approved and in force March 12, 1901.] 259. Organization of board. 5. The board of school commisioners shall organize, annually at their first reg- ular meeting in January, by choosing one of their number president, another vice-president, electing a secretary who shall not be one of their number, and who shall receive a salary to be fixed by the school commissioners which shall not exceed fifteen hundred dollars per year. The treasurer of the city shall be the treasurer of the board, and he shall receive a salary to be fix;ed by the school commissioners, which shall not exceed fifteen hundred dollars per year. The treasurer shall make a monthly statement to the board of the amounts received and expended during the month, and the amount on hand to the credit of the board. He shall give bond to the approval of the board in such sum as it may be determined and with not fewer than two sure- ties or a surety company. (R. S. 1901, § 3904bl.) [1899, p. 434. Approved and in force March 4, 1899.] 260. Committees — Salaries — Rules. 6. ^ All standing committees provided for by the rules of said board shall be appointed b}^ the president within two weeks after his elec- [U] 212 * SCHOOL LAW OF INDIANA. tion. All vacancies of offices, directly or indirectly under the control of the board of school commissioners shall, on their occurrence, be filled for the unexpired teniis in the same manner as is prescribed for the regular appointment or election: Provided, That no such election to be made by direct vote of the board of school commissioners shall take place before the regular meeting next subsequeent to that at which such vacancy is reported to said board. Sub- ject to the limitations herein stated, said board shall have power to fix the salaries of all officers, agents, teachers, or other employes in the employ of said board. The salaries of all officers appointed for a fixed term shall not be reduced during such term. Such board shall have full authority to adopt such schedules of salaries as it shall deem proper; and, for this purpose, to divide principals, teachers and other officers and employes into classes to be determined by responsibility or experience, or both. It shall have power to fix the time of its meetings, except that at least one regu- lar meeting each month shall be provided for; and to make, amend and repeal rules and by-laws for its procedure and for the government and management of the schools and school property under its control. But the rules and by- laws of the board of school commissioners superseded by this act, so far as they are not inconsistent with the provi- sions thereof, shall remain in force and be binding upon the newly organized board of school commissioners, until such time as it shall adopt new rules and by-laws to super- sede them. (R. S. 1901, § 39{)4cl.) 261. Lsgislative act — Director's approval. 7. Every legislative act of the said board shall be by written resolu- tion. Every resolution involving an expenditure of money or the approval of a contract for the payment of money, or for the purchase, sale, lease or transfer of property, or levying any tax, shall, before it takes effect, and at least five days before the next regular meeting, be presented, duly certified by the secretary, to the business director for approval. The director, if he approves such resolution. SCHOOL LAW OF INDIANA. 213 shall sign it; but if he does not approve it he shall return the same to the board at its next regular meeting, with his objections, which the board shall enter in full upon its journal, and if he does not return the same within the time above limited, it shall take effect in the same manner as if he had signed it: Provided, That the director may ap- prove or disapprove the whole, or any item or part of any such resolution. When the director refuses to • sign any resolution or part thereof, and returns it to the commis- sioners with his objections, the board shall forthwith pro- ceed to reconsider it; and if the same is approved by the votes of at least three commissioners, it shall then take effect as if it had received the signature of the director, and in all such cases the votes shall be taken by yeas and nays, and entered on the records of the board. 262. Officers and teachers — Examination. 8. The ]:)oard shall have power to determine the number of assistant superintendents, supervisors, teachers and employes, and prescribe their duties and fix their compensation. The said board shall provide rules for the management and mainte- nance of the public library, and appoint an advisory com- mittee to aid in the selection of books for the same, and to advise in all other matters pertaining to the library. The board shall adopt rules for obtaining, by open competition and without regard to religious or political beliefs, eligible lists from which all teachers and all other employes, ex- cept the superintendent, the assistant superintendent, the principal of the normal school, the supervisors, and the principals of the high schools, shall be elected with regard, exclusively, to fitness. (R. S. 1901, § 3904el.) 263. Director — Duties. 9. Immediately after its first organization, the board shall appoint a business director, who shall serve for a term of one year, but who shall be removable by a vote of four-fifths of the entire board at any time. The business director shall be the executive officer of the board. He shall execute for the board of 214 SCHOOL LAW OF INDIANA. school commissioners, in the name of the school city, its contracts and obligations; except that bonds issued shall be signed by the president of the board and attested by the secretary; he shall see that all contracts made by or with said board shall be fully and faithfully performed ; he shall have the care and custody of all property of the school city real and personal, except moneys ; he shall oversee the con- struction of buildings in process of erection and repairs of the school and library buildings ; shall advertise for bids, and shall purchase all supplies and equipments authorized by the board; and generally shall execute and carry into effect all matters and things, authority for which shall have been granted by the board, as herein provided. Whenever a business director who shall have served one year shall be re-elected his re-election shall be for a term of four years, he being removable, however, at any time by a vote of four- fifths of the entire board. Before entering on the duties of the office he shall take an oath similar to the oath herein prescribed for school commissioners, in so far as it is ap- plicable. (R. S. 1901, § 3904fl.) 264. Superintendent — Text-books — Librarian — Appoint- ments. 10. The school commissioners shall, at their second regular meeting in April, 1900, elect a superintendent of schools and a librarian, each of whom shall serve a term of one year from June 30, 1900, and if either be then re- elected it shall be for a term of four years, and if either be thereafter re-elected it shall be for a term of four years, and their successors shall be elected first for a term of one year and thereafter for a term of four years. The superin- tendent of schools shall have the sole power to appoint and discharge all assistants, principals, supervisors and teach- ers authorized by the school board to be employed, subject to the limitations in this act stated, and shall report to the school board in writing annually, and oftener if re- quired, as to all matters under his supervision. He may be required by the board to attend any or all its meetings and SCHOOL LAW OF INDIANA. 215 may take part in its deliberations, but may not vote. He shall select the text-books, maps, charts and apparatus to be used in the schools of said city, except the high schools, manual training and normal schools, conforming, however, so far as they may apply, to the provisions of the general law of Indiana regarding school books. The text-books, maps, charts and apparatus to be used in the high schools, manual training and normal schools, shall be selected by committees consisting in each instance of the superintend- ent of schools, the principal of high school, manual train- ing or normal school in which the text-book, map, chart or apparatus is to be used and the head of the department con- cerned. The librarian shall have the power to select and purchase for the library all books, maps and other litera- ture with the approval of the library advisory committee, and such librarian shall have the sole power to appoint and discharge all assistants in the library, subject to the limita- tions in this act stated, and shall report monthly and annu- ally, or oftener if required, as to all matters under the supervision of such office. All other employes of the board of school commissioners shall be appointed or employed and discharged by the business director, subject also to the limitations in this act stated. He shall report to the board monthly and annually as to all matters under the supervi- sion of such office, shall attend all meetings of the board and may take part in its deliberations, subject to its rules, but shall not have the right to vote. A majority of the entire board shall be necessary to elect either the superin- tendent or librarian. H written charges of incompetence or misconduct are preferred to the said board against any officer, employe or appointee chosen by or for the board of school commissioners, a hearing of the same shall be had after reasonable notice, and the school commissioners may by four-fifths vote of all the members of such board re- move such officer, employe or appointee, in which case -he shall not be eligible to reappointment within two years thereafter. The superintendent and the librarian, before 216 SCHOOL LAW OF INDIANA. entering on their duties, shall take oaths similar to the oath prescribed herein for school commissioners, in so far as it is applicable. (E. S. 1901, § 3904gl.) 265. Discharge of employes. 11. All appointments or discharges of assistant superintendents, supervisors, teach- ers or employes which may be made by the superintendent, director or librarian, shall be reported in writing to the board at its next regular meeting and shall be subject to the disapproval of the board by four-fifths vote of all its members not later than the next succeeding regular meet- ing of such board. The vote must be by yeas and-nays and must be spread in full upon the record. Whenever the sup- erintendent of schools and the principal or librarian in charge of any building shall, in writing, request of the busi- ness director the discharge of any janitor, engineer or other employe engaged in or about such building, he shall be by such business director discharged, subject to the right of disapproval by the board as above provided and the right of appeal as provided herein. Any person discharged by the superintendent, director or librarian may appeal to the board at its next regular meeting by statement thereof in writing, and it shall then be the duty of such board to consider and take a vote upon such dismissal at its next regular meeting. 266. Director's duties — Bond. 12. The business di- rector shall devote his entire time to the duties of his office, and shall receive an annual salary not to exceed three thou- sand dollars, to be fixed by the board, payable monthly out of the fund of the school city ; and before entering upon the discharge of the duties of his office he shall give a bond for the faithful performance thereof in the sum of ten thou- sand dollars, with not fewer than two sureties, or a surety company, to be approved by the board, which bond shall be deposited with the secretary within ten days from date of election, and preserved by him. SCHOOL LAW OF INDIANA. 217 267. Auditor of school board. 13. The city comptroller shall be the auditor of the board of school commissioners of such school city. He shall keep an accurate account of all taxes levied for school purposes, and of all moneys due to, received and distributed -by the board; also of all assets and liabilities of, and all appropriations made by the school board, and shall receive and preser^^e all vouchers for pay- ments and disbursements made by the board. (R. S. 1901, § 3904J1.) 268. Warrants. 14. The auditor of the board shall issue all warrants for the payment of money from the school funds, but no warrant shall be issued for the payment of any claim until such claim has been allowed by the board and approved in writing by the business director'; but when the board has authorized the payment of money, notwith- standing his veto, the business director shall approve the same. The pay-roll, however, for assistants, principals and supervisors in the school work and teachers, shall be allowed by the board and approved by the superintendent of schools instead of by the director. 269. Evidence of indebtedness. 15. Whenever the audi- tor of said board shall be called upon to issue any warrant, he shall have power to require evidence that the amount claimed is justly due and is in conformity with the law, and for that purpose he may summon before him any officer, agent or employe of the board, or any other person, and examine him on oath or affirmation relative thereto, which oath or affirmation he may administer. (R. S. 1901, § 390411.) 270. Illegal warrant — Liability. 16. If the auditor of said board shall draw a warrant for any claim contrary to law, he and his sureties shall be individually liable for the amount of the same. (R. S. 1901, § 3904ml.) 271. Appropriation necessary. 17. No money shall be drawn from the treasury except in pursuance of appropria- 218 . SCHOOL LAW OF INDIANA. tions made by the board upon an aye and nay vote duly recorded, and whenever an appropriation is made by the board the secretary shall forthwith give notice thereof to the auditor and treasurer. No appropriation shall be made for a longer period than to the end of the current year end- ing June 30, and at the end of such year all the unexpended balances of all appropriations, except from the tuition fund, shall be covered into the special school fund as an addition thereto. (E. S. 1901, § 3904nl.) 272. Auditor's report — Bond — Pay. 18. The auditor shall submit to the commissioners annually, and oftener if required by them, a report of the accounts of the board, verified by his oath, exhibiting the revenues, receipts, dis- bursements, assets and liabilities, the sources from which the revenues and funds are derived, and in what manner the same have been disbursed. He shall give bond for the faithful discharge of his duties in the sum of five thousand dollars ($5,000), with not fewer than two sureties, or -a surety company, to the approval of the commissioners, which bond shall be filed with the secretary. The auditor of the said board shall receive no compensation for his services as auditor, but the board shall provide for the ap- pointment of such assistants for such auditor as it shall deem necessary and fix their compensation, which shall be paid monthly out of the school funds; but such assistants shall be appointed by the auditor. (R. S. 1901, § 3904ol.) 273. Accountants. 19. At the close of each year ending June 30, the mayor of such city shall appoint one or more expert accountants, who shall examine the books, accounts and vouchers of the director, the treasurer and of all other departments of expenditure of said board and of the libra- rian provided for herein, and shall make report thereof to the mayor and to the board of school commissioners of said city. All the officers and employes of said board shall produce and submit to such accountants for examination all books, papers, documents, vouchers and accounts in SCHOOL LAW OF INDIANA. 219 their offices belonging to the same or thereto pertaining, and shall in every way assist said acconntants in their work. In the report to be made by said accountants, they may make any recommendations they deem proper as to the business methods of such officers and employes. A rea- sonable compensation for such services shall be paid by said board. (R. S. 1901, § 3904pl.) . 274. Payments to treasurer. 20. All money payable to the board shall be paid to the treasurer and his receipt for the same shall be filed with the auditor of said board, who shall issue his quietus therefor, which alone shall be suffi- cient evidence of such payment. No person except the treasurer shall collect or receive any moneys payable to the board and any payments made, except to such treas- urer, and any receipt given therefor by any other person shall be void as against the board. 275. Contracts, appropriation for necessary. 21. No contract, agreement or obligation shall be binding upon the board unless an appropriation therefor shall have been first made by it. It shall be unlawful for any commissioner or officer chosen by the board of school commissioners in any manner, directly or indirectly, to profit by or be inter- ested in any contract of said board, and any person con- victed of a violation of this section shall be fined in any sum not less than one hundred nor more than one thousand dollars and expelled from office. (R. S. 1901, § 3904rl.) 276. Contracts to be in writing — Supplies. 22. All con- tracts involving more than two hundred dollars ($200.00) in amount shall be in writing, executed in the name of the school city, by the business director and approved by the board. When money therefor has been appropriated by the commissioners, the business director may make con- tracts and purchases not exceeding two hundred dollars ($200.00) in amount at any one time, but all such contracts shall be reported at its next regular meeting to the board, 220 SCHOOL LAW OF INDIANA, and if disapproved by a four-fifths vote of said board at its succeeding regular meeting, such director shall be re- sponsible therefor upon his bond. No purchase of sup- plies or of materials of any kind shall be made from any one person, firm or corporation in any year to the amount in the aggregate of more than two hundred dollars ($200), except ujDon bids duly advertised for and accepted. The board shall determine the mode and manner of advertising for bids for supplies. (B.. S. 1901, § 3904sl.) 277, Bids for school house. 23. When the board deter- mines to build or enlarge a school house, or make any im- provements or repairs thereon, the cost of which shall ex- ceed five hundred dollars ($500), the business director shall advertise weekly for bids for a period of three weeks, beginning at least twenty-one days before the opening of the bids. The advertisement shall be inserted in two news- papers of general circulation in the city, and shall be en-,, tered in full in the records of the board. The bids duly sealed shall be presented to the board at the time fixed in the advertisement for bids^ at which time the board shall meet, and none shall be received after that hour, and they shall immediately be opened by the business director, be publicly read by the secretary and be immediately there- after entered in full in the records of the board. The board shall provide by general rules the conditions of all bids, but none but the lowest responsible bids shall ever be ac- cepted. The business director may, at his discretion, reject all bids, and whenever there is any reason to suspect col- lusion, the bids of all concerned therein shall be rejected. If the amount of the expenditure does not exceed two thou- sand five hundred dollars ($2,500), two weeks' notice shall be sufficient. (R. S. 1901, § 390411.) 278. Funding indebtedness. 24. The board of school commissioners of any such city in which an indebtedness exists at the time of the passage of this act of eight hun- dred thousand dollars ($800,000) or more, is hereby au- SCHOOL LAW OF INDIANA. 221 thorized and empowered, to fund such indebtedness to the extent of eight hundred thousand dollars, and for that pur- pose said board of school commissioners is hereby author- ized and empowered to issue and sell its bonds in such sums and denominations as such board may deem advisable, to realize moneys with which to pay such existing indebted- ness ; such bonds to bear interest at not exceeding the rate of four per cent, per annum, payable semi-annually, to be sold for not less than their par value, and to run for a term of not exceeding thirty years from January 1, 1902. The maturing of such bonds shall be so arranged that there shall mature in each of the ten years, commencing with the year 1902, at least the sum of twenty-five thousand dollars, and in each of the next ten years the sum of thirty thousand dollars, and in each of the next ten years the sum of thirty- five thousand dollars of the principal of the debt of said school corporation, including in such debt not only such bonded indebtedness, but also any other indebtedness of such school corporation which may be in existence when this act is passed. Such bonds may be issued from time to time as the maturity of the present indebtedness may re- quire : Provided, That not more than eight hundred thou- sand dollars of such bonds in the aggregate shall be issued, or, if the board of school commissioners shall so determine, such bonds may all be sold at one time with the contract upon the part of the purchasers to furnish at stated fut- ure times so much of the proceeds thereof as may be de- sired to take up obligations not then due. No bonds shall be delivered until the money therefor is paid to the treas- urer of said school corporation, and interest shall not be- gin to accrue until such delivery. The board of school commissioners shall, preparatory to offering such bonds for sale, give notice for not less than four weeks prior to the date fixed for such sale, together with a description of such bonds and such offer, and invite bids therefor; such notice to be given by advertisement twice each week in at least one daily newspaper published in the city of 222 SCHOOL LAW OF IISTDIANA. Indianapolis and in one newspaper published in the city of New York, and by such other advertisements as the board may determine upon. Such board shall sell such bonds to the highest and best bidder: Provided, Said board shall have the right to reject any and all bids. The proceeds arising from the sale of such bonds shall be used for no other purpose than the payment of such present in- debtedness, and no more bonds shall be issued than is nec- essary for that purpose. (R. S. 1901, § 3904ul.) [1903, p. 6. Approved and in force January, 1903.] 279. Tax levy. 25. The board of school commissioners in any such city is hereby authorized and empowered to levy annually, in addition to other taxes authorized by law, a special tax of not exceeding five cents on each one hun- dred dollars of taxable property in the city for the pur- chase of real estate and the erection and improvement of school buildings. The proceeds of such tax shall be segre- gated from other funds of the board, and a separate ac- count of the same shall be kept, and shall not be used for any other purpose than the purchase of real estate and the erection and improvement of buildings for school uses. The said board is hereby authorized to levy annually, in addi- tion to all other taxes authorized by law, and as an addi- tion to its special fund, seventeen cents on each one hun- dred dollars of taxable property, which sum shall with such limits be large enough to insure the payment of all in- terest to accrue on the real estate and improvement bonds to be issued under the provisions of this amenda- tory act, and to keep school property in repair. Out of the last above levy by this section authorized provision shall be made for the payment in cash from year to year and the final retirement of such maturing indebtedness and the payment of such interest charges as are not payable out of other funds of such board and are not properly chargeable to any such other fund: Provided, That the aggregate sum levied by such board for all purposes shall SCHOOL LAW OF INDIANA. 223 not exceed in any one year fifty-seven cents on each one hundred dollars of taxable property in said city, and said sum of fifty-seven cents shall include all sums to be levied by said board in pursuance of any other existing law on- account of free kindergartens, compulsory education, or any other purpose. [1899, p. 434. Approved and in force March 4, 1899.] 280. School law in force. 26. The general school laws of this state and all laws and parts of laws applicable to the general system of common schools in such school city and not inconsistent herewith, shall be in full force and effect in such city. 281. Old school board. 27. The existing board of school commissioners in any city coming within this act shall con- tinue in office until January first, 1900, and any such exist- ing board shall until then exercise all the powers which it now possesses under the legal limitations now existing, and in addition thereto it shall have power to make the addi- tional levies herein authorized and to issue bonds as herein provided. When the board herein provided for shall have been elected and qualified, the possession, control and man- agement of all property, real and personal, including all moneys, books, records, papers and documents, and all rights and claims of every kind and nature then held by the board of school commissioners of such city, or by other school authorities, shall vest in and be transferred to the board of school commissioners hereby created without other transfer, to the same extent and with as full interest as the same had been theretofore held by the existing board of school commissioners or other school authorities ; and all valid indebtedness and obligations of the existing board of school commissioners, or of such school city, shall be paid by the respective boards of school commissioners hereby created, and said boards of school commissioners are hereby authorized to maintain and defend all suits in the name of the school city for which they may be elected. (R. S 1901, § 3904x1.) 224 " SCHOOL LAW OF USTDIANA. » [1903, p. 6. Approved and in force January 29, 1903.] 282. Limit of debt. 28. The said board of school com- missioners shall not have the power to create any debt other than funding obligations, and the real estate and im- provement bonds provided for by this act and by the other sections of the act which it amends, in excess of the sum of twenty-five thousand dollars in the aggregate, save as pro- vided in section 29 of the act which this act amends and except that it shall be liable upon its lawful contracts for the ordinary current expenses of its schools and library to the persons rendering services and furnishing materials therefor, when contracts are entered into as herein pro- vided in accordance with the law, but said board shall not have any power to borrow money to pay such obligations so as to create a debt in excess of said twenty-five thousand dollars to others than to such persons so rendering services or furnishing materials, and any contract or obligation that may be issued in contravention of the provisions of this section shall be void. Obligations to persons rendering services or furnishing materials to said board of school commissioners in the current conduct of" such schools and library will not be considered as a j)art of the twenty-five thousand dollars of indebtedness above authorized. 283. Bonds to purchase real estate and erect buildings — Bids. 4. The board of school commissioners in any city having a population of more than one hundred thousand is hereby authorized and empowered to issue and sell bonds of such school city in such sums and denominations as such board may deem advisable to realize money for school uses with which to purchase real estate, erect building [s], and equip buildings for lighting, heating and sanitation. Such bonds shall be known as school, real estate and improve- ment bonds. They shall bear interest at a rate not exceed- ing four per cent, per annum, payable semi-annually, shall be sold at not less than par and shall mature, as nearly as may be, at the rate of fifty thousand dollars per year, com- mencing to mature on the first day of July, twenty-seven SCHOOL LAW OF INDIANA. 225 years from the year of the issue of the first bonds issued under the authority conferred by this section. Such bonds may be issued from time to time as the needs of the schools of such city shall require: Provided, That not more than three hundred thousand dollars, par value, of said bonds shall be issued m any one calendar year and not more than four hundred and fifty thousand dollars of said bonds, par value, in the aggregate shall be issued under the provisions of this law. No bonds shall be delivered until the money therefor is paid to the treasurer of said board, and interest shall not begin to accrue until such delivery. Preparatory to offering such bonds for sale, the board of school commis- sioners shall give notice for not less than four weeks, of the date fixed for the sale of such bonds, together with a de- scription of such bonds and of such offer and invite bids therefor; such {lotice to be given by advertisement each week in at least one newspaper published in the city of Indianapolis, and one newspaper published in the city of New York, and such other advertisements as the board may make. Such board shall sell such bonds to the highest and best bidder, provided that it shall have the right to reject any and all bids. The proceeds arising from such sale shall be used for no other purpose than to purchase real estate and erect buildings and improvements upon the real estate of said board. 1. Note. The above is an entirely new section, no part of wliicli is iu tlie original act as enacted in 1899. [1899, p. 434. Approved and in force March 4, 1899.] 284. Purchase of grounds and buildings. 29. Said board of school commissioners may, notwithstanding the provisions of the above section 2ft, in the manner author- ized by law, make contracts for the purchase of grounds for school buildings and for the erection of new sch'ool build- ings, and give its obligations therefor or for the money to pay for the same: Provided, That the amount of such obli- gations outstanding at any time shall not exceed five cents 226 SCHOOL LAW OF INDIANA. on the one hundred dollars of all the taxable property of said city as ascertained by the last preceding assessment, and any such contract or obligation which would cause the aggregate of the outsanding obligations or contracts for such purpose to exceed the limits above specified, shall as to such excess be void. In estimating the amount of such obligations, those obligations which shall be in force at the time this law shall go into effect, or the funding re- newals thereof, shall not be taken into consideration. (R. S. 1901, § 3904zl.) 285. Eminent domain, may exercise. 30. In case the compensation to be paid for the purchase of any real estate required by said board for its said school city can not be agreed upon or determined between said board of school commissioners and the parties interested in the land desired for school sites, then the board of school commissioners shall have the power of eminent domain, and it shall be its duty to proceed to have such compensation determined, and acquire title thereto in the manner provided for by sections 4517, 4518 and 4519 of the revised statutes of 1881. (E. S. 1901, § 3904a2.) 286. Removal of commissioner. 31. Any member of the board of school commissioners^ may be removed upon petition of ten residents of said city to the superior or cir- cuit court of said county in which said city is located, upon proof of either official misconduct in office or negligence of official duties, or of conduct in any manner connected with his official duties or otherwise which attaches discredit to such office or the school system, or for mental or physical inability to perform his duty as such member, but before such removal he shall receive five days' notice of the filing of such charges, together with a copy thereof. Such hear- ing shall be had promptly and without the formation of any issues thereon, but said charges shall be regarded as de- nied. (R. S. 1901, § 3904b2.) SCHOOL LAW OF LPTDIANA. 227 287. Levy to pay debts. 32. It shall be tbe duty of said board of school commissioners at the regular time for mak- ing the levy of taxes to make a special levy of an amount sufficient to realize the sum by this act required to be paid upon the principal of its indebtedness during the ensuing year, and the proceeds of such levy shall be applied to no other purpose than the payment of such indebtedness. This levy shall be made as a part of the levy now authorizeed by law, and this section shall not permit the levy of any addi- tional tax over and above those which said board would otherwise be authorized to levy. 288. Subsequent censuses. 33. Whenever any city which has not now sufficient population to bring it within the purview of this act shall, according to any United States census hereafter taken, have a population of more than one hundred thousand people, an election of the board of school commissioners shall be held at the next general city election following the year in which such census shall be taken. Such election to be held in accordance with the provisions of this act, and this act shall then in all respects apply to and govern such city from thenceforward. (R. S. 1901, § 3904d2.) 1. Note. See Campbell v. City of lutlianapolis, 155 Ind. 186; same case, 57 N. E. Rep. 920. [1891, p. 348. Approved and in force March 7, 1891.J 289. Manual training schools. 1. In all cities of the state of Indiana having a population of one hundred thou- sand or over, as shown by any census taken, by lawful authority, it shall be lawful for the board of school commis- sioners, or other school authorities having charge and man- agement of the common schools of said city, to establish in connection with and as part of the system of common schools therein, a system of industrial or manual training and education, wherein shall be taught the practical use of tools and mechanical implements, the elementary principles [15] 228 SCHOOL LAW OF INDIANA. of mecliaiiical construction and mechanical drawing. (K. S. 1901, § 5948; E. S. 1897, § 6142.) 290. Teachers and instruction. 2. Such board of school commissioners, or other school authorities, upon establish- ing such system of manual or industrial training and edu- cation, shall employ competent instruction in the various subjects to be taught, and establish such general rules and regulations for the admission of pupils and the conduct of the schools wherein the same shall be taught as in their judgment will produce the best results, and give instruction to the largest number of pupils practicable. They may pro- vide for such instruction in separate rooms, or separate buildings, as in their judgment may be most advantageous. (R. S. 1901, § 5949; R. S. 1897, § 6143.) 291. Tax to support schools. 3. Any such board of school commissioners or other school authorities, having decided to establish such system of industrial or manual training, shall have authority, in addition to all other taxes now authorized to be levied, to levy a tax of not exceeding five cents on each one hundred dollars of property liable for taxation for school purposes, to be levied and collected as other taxes for school purposes are levied and collected, for the purpose of purchasing grounds and erecting build- ings, or for renting buildings wherein such instruction shall be given, the purchase of all necessary tools, implements and apparatus, and for the payment of instructors and other expenses incident to the maintenance thereof: Pro- vided, That no portion of the taxes so levied and collected shall be applied to any other purpose. (R. S. 1901, § 5950; R. S. 1897, § 6144.) [1905. p. 107. Approved and in force March 1, 1905.] 292. Cities of over 100,000— School cities— Transfer of property. 1. All sales and conveyances of real estate and all sales and transfers of personal property heretofore at SCHOOL LAW OF INDIANA. 229 any time made by school cities of this state having a popu- lation of over 100,000 according to the last preceding United States census are hereby ratified, approved and vali- dated and the deeds and other instruments of conveyance and transfer executed by such school cities evidencing such sales are hereby validated and made effective, as of their respective dates, to vest in the purchaser the title thereby sought to be conveyed or transferred ; and in the future any such school city shall have full power to sell real estate and transfer personal property and to execute deeds of convey- ances and instruments of transfer therefor, with or without covenants of warranty, whenever in the opinion of any such school city, properly made matter of record in the minutes of its board of school commissioners, such real estate or personal property can not longer be advantageously used for school or library purpose and can be sold for its fair cash value. 230 SCHOOL LAW OP INDIANA. CHAPTER XV. Sec. 293. Teachers' pension fund — Trustees. 294. Officers— Duties. 295. Control of fund— What constitutes. 296. Investment of funds. 297. Sinking fund. 298. Uses of fund. 299. Years of service — How computed. 300. Pensioners — Re-examination. 301 . Service pension. Sec. 302. Computing time. 303. Trustees— By-laws. 304. Payments — When refunded in par . 305. Deficiency — Pro rata payments. 306. Place of payment. 307. Pensions exempt from seizure. 308. Cancellation of payment. 309. Teacher defined. [1907, p. 268. Approved and in force March 9, 1907.] 293. Cities — First class — Teacbers' pension fund — Trus- tees. 1. In every city in the state of Indiana having a population of 100,000 or more, according to the last pre- ceding United States census, there shall be, and is hereby, created a teachers' pension fund, which shall be governed and managed by a board of trustees, to be composed of seven members, as follows: Three members of the board of school commissioners of such city, to be selected or ap- pointed annually by such board, the superintendent of public schools, one principal and two teachers regularly employed in the public schools of such city. Said principal and teachers shall be selected at a meeting of the public school teachers of such city on the third Saturday of March, 1907, in such manner and at such place or places as shall be determined and designated by the board of school com- missioners of such city; and thereafter there shall be select- ed on the third Saturday of March of each year one princi- pal and two teachers as members of such board of trustees. The trustees shall hold their offices until their successors shall be selected or elected as above set forth. In the event of a vacancy upon said board occasioned by the death, res- ignation or disability of either of said principal or teach- ers,- then the public school teachers of said city shall, within a reasonable time, upon the call of the president of said board of trustees, hold a special meeting and elect a suc- cessor or successors. A majority of said trustees shall con- SCHOOL LAW OF INDIANA. 231 stitute a quorum for the transaction of business pertaining to said pension fund. Said trustees shall receive no pay for their services as such, except the secretary and assistant treasurer, each of whom may be paid such sum for services as may be fixed by the board of trustees: Provided, how- ever, That if any one shall act as such secretary or assistant treasurer who shall receive any of the benefits of said pen- sion fund, as hereinafter provided, the amount of the sal- ary so received by such secretary or assistant treasurer shall be deducted from the amount to which he or she would otherwise be entitled as a beneficiary under said fund. 294. Officers — Duties. 2. Said board of trustees shall elect from among its number a president, vice-president and secretary. The president shall preside at the meetings of the board and perform all other duties usual to such office. The vice-president shall perform the duties of the president in his absence. It shall be the duty of the secretary to keep a true and accurate account of the proceedings of such board of trustees and of the teachers of such city, when acting upon matters with relation to said fund, and to turn over to his or her successor all books and papers pertaining to such office. The secretary of the board of school com- missioners of such city shall act as assistant treasurer, and it shall be his duty to keep a true and correct statement of the account of each member with said pension fund, to col- lect and turn over to the treasurer of said board all moneys belonging to said fund, and to render to the board a month- ly account of his doings. He shall furnish bond in such amount as shall be determined and required by said board of trustees, and the board of school commissioners of such city shall allow him such compensation for his services as it may deem proper. The treasurer of such city shall be ex officio the treasurer of said board of trustees, and he shall receive and hold all moneys belonging to such teachers' pension fund; he shall have the custody of all notes, bonds and other securities belonging to said fund, and shall col- lect the principal and interest of the same and shall be 232 SCHOOL LAW OF INDIANA. liable on his bond as such city treasurer for the perform- ance of all the duties imposed upon him by this act and for the faithful accounting of all moneys and securities, includ- ing both principal and interest, which may come into his hands and which shall belong to such pension fund. And he shall keep a separate account which shall show at all times the true condition of such fund. Said treasurer shall, upon the expiration of his term of office, account to said board for all moneys, notes, bonds and other securities coming into his hands, and for the interest, income, profits, rentals and proceeds of and from the same, and he shall turn over to his successor all moneys, notes, bonds and other securi- ties belonging to said fund. The secretary, treasurer and assistant treasurer shall make a full, true and accurate re- port of their offices and trusts at each annual meeting of such teachers in March of each year. Their books shall at all times be open to inspection or examination by any member of said board of trustees. 295. Control of fund — What constitutes. 3. Such board of trustees shall have full charge and control of the teach- ers ' pension fund of such city, with power to adopt and enforce all needful regulations governing the same, not in- consistent with this act. Said fund shall be derived from the following sources : First. All moneys that may be given to said board of trustees or to said fund or to the board of school commis- sioners of such city, for the use of said board of trustees of teachers' pension fund, by any person or persons. Such board of trustees may take by gift, grant, devise or be- quest, any money, choses in action, personal property, real estate or any interest therein, and any such gift, grant, de- vise or bequest may be absolute or upon condition that only the rent, profits and income arising from the same shall be applied to the uses and purposes of said fund. Such board of trustees shall be authorized to take such gift, grant, de- vise or bequest under and by the style of the board of trus- tees of the teachers' pension fund, of such city, and to hold SCHOOL LAW OF INDIANA. 233 the same, or assign, transfer or sell the same, whenever proper and necessary, under and by such name. Second. Every teacher shall be assessed npon his or her salary as follows: One per centum per annum (but not more' than $10) upon the salary of every teacher who shall not have taught in excess of fifteen (15) years; and two per centum per annum (but not to exceed $20) upon the salary of every teacher who shall have taught longer than fifteen (15) years: Provided, however, That such assessment shah not be made prior to the first day of September, 1907. And the assistant treasurer of such board of trustees shall pre- pare a roll of each of said assessments and place opposite the name of every teacher the amount of assessment agaiust him or her, and shall furnish a copy of such roll to the treasurer, and the treasurer of said board shall, in Novem- ber and April of each school year, deduct and retain out of the salary going to such teacher the amount of such assess- ment, and shall give him or her credit for the same and place the same to the credit of said teachers' pension fund. Every teacher of such city receiving a salary of four hun- dred fifty dollars ($450) a year or more shall pay such as- sessment, and in becoming a teacher he or she shall be con- clusively deemed to undertake and agree to pay the same, and to have such assessment deducted from his or her sal- ary as hereinbefore provided. Third. The board of school commissioners of such city shall levy each year, in addition to all other taxes author- ized by law, a special tax of one cent upon each one hundred dollars of taxable property in the city, which sum shall be ■collected as other taxes are collected by law, and which shall be credited by the treasurer of such city to the said teachers' pension fund, and shall not be used or devoted to any other than the purposes of said fund. And nothing in this act shall be deemed to take from said board of school commissioners the powers now given to said board in re- lation to the levy of taxes under existing statutes, 234 SCHOOL LAW OF INDIANA. 296. Investment of funds. 4. The board of trustees of such teachers' pension fund shall determine what part of said fund may be safely invested, and how much shall be retained for the immediate needs, demands and exigencies of said fund. Such investment shall be made: (1) In in- terest bearing bonds of the United States, or of the state of Indiana, or in any bond lawfully issued by any state or by any county, township, city or other municipal corpora- tion, either within or without the state of Indiana; (2) loans secured by mortgage upon real estate within the county wherein such city is located, which loans shall not be in excess of fifty per centum of the appraised value of such real estate. All bonds, mortgages and other securities shall be deposited with and remain in the custody of the treasurer of said board, who shall collect all interest due theron, and all the income therefrom, as the same shall be- come due and payable. 297. Sinking fund. 5. The board of trustees of such teachers' pension fund shall establish a sinking fund, to the credit of Avhich shal] be put and deposited all gifts, grants, devises and bequests, and the unexpended balance remain- ing at the expiration of each fiscal year. And such sinking fund shall be and remain a permanent fund, and no part thereof shall be expended except the interest and income thereof and therefrom: Provided, however. That one-half of the amount added to such sinking fund during: any year may be used, if necessary, during the 3^ear immediately fol- lowing. 298. Uses of fund. 6. Said teachers' pension fund shall be used and devoted in the manner and to the pur- poses following: First. The maximum pension to be paid any teacher shall be six hundred dollars ($600.00) per annum, which amount shall be based upon a service of forty (40) years as such teacher and every pensioner and beneficiary of said fund shall be entitled to and shall receive such percentage SCHOOL LAW OF INDIANA. 235 of said sum of $600 as the number of years of teaching of said pensioner and beneficiary shall bear to the term of forty years, subject, however, to all the provisions of this act. Second. Any aged, infirm, diseased or disabled teacher, who is now or hereafter may be teaching in the public schools of such city, having served as such teacher for not less than fifteen (15) years, shall be entitled to receive a disability pension : Provided, Such board of trustees shall find that he or she is entitled to the same by reason of such age, disease, infirmity or disability, and after such appli- cant for a pension shall have been examined by a physician selected for such purpose by said board of trustees, the examination fee or charge of such physician to be paid by the applicant: And, provided further, That no such pension shall be paid until any sick pay allowed or pro- vided for by the board of school commissioners of such city shall have ceased. Third. Any teacher who is now or hereafter may be teaching in the public schools of such city, and shall have taught for not less than twenty-five (25) years, may be pensioned upon application to said board of trustees, or may be pensioned by such board without such application and shall thereafter receive a pension during the remain- der of his or her life, subject, however, to all the condi- tions contained in this act : Provided, That such pensioner shall have paid into said fund, by way of assessment or otherwise, not less than one-third (1-3) of the amount to which he or she shall be entitled per annum as a pension. And in order to make up such one-third, the board of trus- tees may order the treasurer to deduct one-half thereof each of the first two years from the amount of such pen- sion. 299. Years of service — How computed. 7. In comput- ing years of service as provided in this act, the board of trustees may include services as a public school teacher rendered outside of such city, not, however, in excess of 236 SCHOOL LAW OF INDIANA. five (5) years, as a portion of such services necessary be- fore any teacher shall be entitled to any of the benefits of this act: Provided, however, That such teacher shall pay assessments based upon the first annual salary re- ceived by him or her in the schools of such city for the said years of service elsewhere, in addition to the assessments paid by such teacher while in the service of such schools, before receiving any retirement pension: And, provided further. That nothing in this section shall affect the amount or amounts to be paid into such pension fund by school teachers before being entitled to become a pensioner. And any teacher may be given leave of absence for study, pro- fessional improvement or temporary disability not exceed- ing one year at any one time, and shall be regarded as a teacher and entitled to the benefits of this act : Provided, That during such absence he or she continues to pay into such fund the amount of assessment payable by such teacher the last year preceding such leave of absence. 300. Pensioners — Re-examination. 8. After any teach- er shall have been pensioned, by reason of injury, dis- ability or disease, the board of trustees shall have the right at any time to cause such teacher again to be brought be- fore such board and examined by its physician, and also to examine other witnesses, for the purpose of ascertaining whether such injury, disability or disease shall still con- tinue and whether such teacher shall remain on the pension roll. Such teacher shall be entitled to notice and to be present at the hearing of such evidence ; shall be permitted to propound any question pertinent or relevant to such matter, and shall also have the right to introduce evidence upon his or her own behalf. Such teacher and all witnesses shall be examined under oath, and any member of such board of trustees is hereby authorized and empowered to administer such oath. The decision of such board of trus- tees shall be final and conclusive, and no appeal shall be allowed therefrom, nor shall the same be reviewed by any court or other authority: Provided, however. That every SCHOOL LAW OF INDIANA. 237 pensioned teacher shall report to the superintendent o^ pnblic schools of such city whenever required so to do. And said superintendent may assign such teacher to such serv- ice or employment as may be within his or her power to perform, in the judgment of such superintendent of public schools and of the examining physician employed by said board of trustees. And during the time of such employ- ment such teacher shall receive the regular salary therefor, which shall be credited to and deducted from the amount payable to such teacher from said pension fund. And should any pension teacher recover from his or her injury, disease or disability, and again be fit for regular duty, then such teacher may again be regularly employed, and during the time of such employment, he or she shall cease to be entitled to any payment out of said pension fund because of the injury, disease or disability on account of which such teacher was originally retired. 301. Service pension. 9. Any teacher applying to be pensioned by reason of length of time of service as in this act provided, shall be pensioned and retired without any medical examination, nor need he or she be under any physical disability, and from the time of such pension and retirement such teacher shall not be required to render further services as such teacher, nor shall he or she be de- prived of the benefits herein provided, except for any cause contained in section 16 of this act. 302. Computing time. 10. In computing time under the provisions of this act, such time shall include service rendered before, as well as after, the taking effect of this act. 303. Trustees — By-laws. 11. The board of trustees shall have the power and authority to make all necessary by-laws providing for the manner of the election of such trustees, to be elected- as in this act provided, the counting and canvassing of the votes for the same, their meetings. 238 SCHOOL LAW OF INDIANA. for the collection of all moneys and other property coming or belonging to said fnnd, and all other matters connected with the care, preservation and disbursement of the same, and the proper execution of the purposes and provisions of this act. And any pension authorized by the board un- der this law shall be subject to reduction by said board of trustees whenever in its judgment the condition of the pen- sion fund, the financial or other conditions of the pensioner or any other circumstances render such reduction advis- able, proper or necessary, and any pension so reduced may thereafter be restored or increased, as such board may deem best. 304. Payments — When refunded in part. 12. Any teacher who shall cease to teach in the public schools of 'such city before receiving any benefit from the fund, shall be entitled to the return of one-half of the amount, without interest, which shall have been paid into said pension fund by such teacher: Provided, however. Should such teachet* thereafter again teach in the public schools of such city, he or she shall refund to said pension fund the amount so returned to such teacher within one year from the date of his or her return to service in the schools. And should any teacher die before receiving any of the benefits or pen- sions by this act provided, the board of trustees shall pay to such teachers' heirs or estate, or either or any of them, as it shall see fit, one-half the amount without interest which shall have been paid into said pension fund by said teacher. 305. Deficiency — Pro rata payments. 13. If at any time there should not be sufficient money in or to the credit of said teachers' pension fund to pay all claims against it in full, then and in such event, an equal percent- age shall be paid upon all such claims to the full extent of the funds on hand, until such pension fund shall be suffi- cient to pay all claims against it in full. SCHOOL LAW OF INDIANA. 239 306. Place of payment. 14. All pensions herein pro- vided for shall be paid by the treasurer of the board of school commissioners at his office at the same time and in such installments as the teachers of such city shall be paid : Provided, however, That no pension of any Knd whatso- ever provided for in this act shall be paid prior to October 1, 1908. 307. Pensions exempt from seizure. 15. All pensions granted and payable out of said teachers' pension fund shall be and are exempt from seizure or levy upon attach- ment, execution, supplemental process, and all other proc- ess, whether mesne or final ; and such pensions or any pay- ment of the same shall not be subject to sale, assignment or transfer by any beneficiary, and such transfer shall be absolutely void. 308. Cancellation of pension. 16. Whenever any such person who shall have received any benefit from said fund shall be convicted of any felony, or of any misdemeanor for which he or she shall be adjudged to be imprisoned, or shall fail to report for examination for duty as required herein, unless excused by the board of trustees of such city, or shall disobey the requirements of said board of trustees in respect to said examination for duty, or shall fail to perform such duty as may be required of him or her if found able to perform such duty, then such board shall order that the pension allowed and paid to him or her shall cease until the further order of such board. 309. Teacher defined. 17. The term teacher as used in this act shall mean and include any principal, assistant principal, assistant superintendent, supervisor, assistant supervisor, persons in charge of any special department of instruction, and any teacher or instructor regularly em- ployed as such by the board of school commissioners of such city. 240 SCHOOL LAW OF LNDIANA. CHAPTER XVI. SCHOOLS IN CITIES OF 45,000 TO 55,000. Sec. 310. School corporations. 311. Power of School Board. 312. Buildings— Bonds. Sec. 313. Special tax. 314. Proceeds of bonds. 315. Population. [1901, p. 21.TApproved February 20, 1901. In force May, 1901.] 310. School corporations. 1. All cities of this state having a population exceeding forty-five thousand (45,000), and less than fifty-five thousand (55,000), according to the last preceding United States census, have been heretofore and are hereby declared to be and are made school corpora- tions for school purposes, separate and distinct from the civil corporations of such cities, and shall be known and designated as the school city of (naming the city) ; and the several boards of school trustees of such cities shall represent and be vested with all the authority and powers of such school cities, and with the management and con- trol of the common schools thereof. 311. Powers of school board. 2. The general school laws of this state, and all laws and parts of laws, applicable to the general system of common schools in cities, and not inconsistent therewith, shall be in full force in such cities. And such boards of school trustees shall also have and ex- ercise all the powers heretofore or hereafter conferred upon the school trustees of the same or other cities of the state. (R. S. 1901, § 5914b.) 312. Buildings — Bonds. 3. Such board of school trus- tees in any such city ma}^ purchase land and erect thereon a building or buildings for the purposes of a high school and a manual training school. For the purpose of raising the necessary funds to purchase such grounds, and for the erec- tion of such buildings, such board of trustees may borrow SCHOOL LAW OF INDIANA. 241 money, and from time to time issne and sell the negotiable bonds of such school city, in such sums and denominations as to said board may seem advisable, drawing not to exceed four per cent, interest per annum, payable semi-annually and running such length of time, not to exceed twenty years, and payable at such place as to said board may seem best, and the said board shall have the power to refund said bonds, or any part thereof, and to issue and sell other bonds, in lieu of those taken up and paid, by issuing and selling similar bonds of such city: Provided, however, That the aggregate amount of such bonds outstanding at any time shall not exceed one hundred and twenty-five thousand dollars ($125,000). Such bonds shall be executed by and in the name of the board of school trustees of (naming the city) by the president of the board, which such board shall have power to adopt and use, and shall be at- tested by the treasurer or secretary of such board, and when so executed and issued they shall constitute an in- debtedness of the school city on account of and for the benefit of which they are issued, and such school city issu- ing the same shall be liable for and shall assume and pay such bonds. (R. S. 1901, § 5914c.) 313. Special tax. 4. Said boards of school trustees shall have the power to, and shall levy a special tax sufficient to pay the interest on such bonds, and to create a sinking fund for the payment of the principal thereof, when due: Pro- vided, however, That the total tax levied for the payment of such interest and sinking fund, and for the construction and repair of school buildings, to provide furniture, school apparatus and fuel, and for the payment of other necessary expenses of the schools of such city (except for tuition, library and compulsory educational purposes), shall not ex- ceed the sum of fifty cents on each hundred dollars' worth of taxable property and one dollar on each doII in such cities in any one year. (E. S. 1901, § 5914d.) 314. Proceeds of bonds. 5. The proceeds of the sale of such bonds shall be paid to the treasurer of said board of 242 SCHOOL LAW OF INDIANA. school trustees, to enable such board to pay for such grounds and erect such building or buildings; but before the issue or sale of such bonds such treasurer shall make and file with the county auditor a bond, payable to the state of Indiana, in a sum not less than the full amount of such bonds to be issued and sold, and with security, to be ap- proved by said auditor conditioned for the faithful and hon- est application of such money to the purposes for which the same was provided; and such treasurer, and such surety and sureties on such bond, shall be liable on a suit on such bond for any waste, misapplication or loss of such money in the same manner and to the same extent as now provided for waste or loss of school revenue. 315. Population. 6. Whenever any city which has not the requisite population to bring it within the provisions of this act shall, according to any United States census here- after taken, have a population of more than forty-five thou- sand (45,000), and less than fifty-five thousand (55,000), then this act shall in all respects apply to and govern such city from thence forward. SCHOOL LAW OF INDIANA. 243 CHAPTER XVII. SCHOOLS AND SCHOOL HOUSl^^S. Sec. Sec 316. Bible. 355. 317. Uniformity as to time — Numbering. 318. Calendar. 356. 319. Colored children. 357. 320. Indigent children. 358. 321. Appropriations for indigent children. 359. 322. Branches taught. 323. Effect of alcoholic drinks and narcotics 360. 324. Teachers examined concerning. 361. 325. Failure to teach effect — Dismissal. 362. 326. Voters' meetings — School directors. 363. 327. Voters at school meetings. 364. 328. Other meetings — Powers. 365. 329. Estimate of expense. 366. 330. Changing site of school house. 367. 331. Notice of petition to change. 368. 332. Misdemeanor. 369. 333. Doors must swing outward. 334. Teachers, emplojTnent and dismissal. 370. 335. Teachers' contracts to be in writing. 371. 336. Blanks to be uniform. 372. 337. Minimum wages of teachers. 338. Teachers' qualifications. 373. 339. Payment at less rate — Penalty. 374. 340. State Board of Education — Duties. 375. 341. When act in effect. 342. Repeal. 376. 343. Special examination. 377. 344. Director's duties. 378. 345. He has charge of the school house. 379. 346. Visits schools— May exclude pupil. 380. 347. Appeal to teacher. 348. Insulting teacher. 381. 349. Title to school property. 382. 350. Use of school house. 383. 351. Use of school house. 384. 352. School house, when sold. .385. 353. Sale of school property by Township Trustees. • 386. 354. School house in annexed territory. Pay for school house in annexed terri- tory. Donations and bequests. Majority of voters. Sale of bonds. Donations may be made to school cor- porations. Conditional gift. Income from gifts, how used. Trustee for gift — Powers. Identitj' of gift not to be lost. Donations for high schools. Trustees. Duties of Trustees. Appropriation of real estate — Petition. Appraisement. Duty of Appraisers — Payment — Title Trial. Tender before appraisement — Costs. Repeal. School property liable for public im- provements. Former payments legalized — Lien. Special school fund. Legalizing act — Township Trustee and Advisory Board. Flags. Display of flag. Destruction or mutilation. Penalty. Terms of school — Deficiency in funds — Aiding schools. Superintendent and Auditor — Duties. Uses of fund. Liability of fund. Surplus. Repeal. Transfer of bond tax revenue to special school revenue. [1865, p. 3. Approved and in force March 6, 1865.] 316. Bible. 167. The Bible shall not be excluded from the public schools of the state. (R. S. 1S81, § 4493; R. S. 1901, § 5980; R. g. 1897, § 6196.) 1. Use of the bible. The bible, without note or comment, is installed in the common schools of Indiana. Its continuance as the moral class book in these nurseries of her future citizens will as surely mark the period of her prosperity and grace the zenith of her glory, as its exclusion would prove the precursor of her decline, the herald of her shame. [16] 244 SCHOOL LAW OF INDIANA. 2. Teacher independent. Neither the examiner nor the trustee should ever Inquire into the peculiar religious belief of a teacher, yet an examiner should not license an immoral person, nor one who is a scoffer at the teach- ings of the bihle and things sacred. Our law, therefore, wisely leaves the whole matter of bible reading and prayers with the good judgment and conscience of the teachers. To obli- gate them by contract to read the sacred scriptures and hold prayers in their schools would be in excedingly bad taste, if not sacrilegious ; to re- fuse them the right, when they, in good faith and conscience, desire to do so, would be the very worst of tyranny. 3. Devotional exeecises cannot be enforced. You ask if a rule of the board requiring "the reading of the scripture, with devotional exercises," can be enforced. As officers you should be governed by the constitution and statutes and not by any personal views you may hold. It is true the statute says : "The bible shall not be excluded from the public schools of the state.'' But the state constitution also says : (1) "All men shall be secured in their natural right to worship Al- mighty God according to the dictates of their own consciences." (R. S. 1881, §47; R. S. 1901, §47; R. S. 1897, §47.) (2) "No law shall, m any case whatever, control the free exercise and enjoyment of religious opinions, or interfere with the rights of conscience." (R. S. 1881, §48; R. S. 1901, §48; R. S. 1897, §48.) (3) "No preference shall be given, by law, to any creed, religious so- ciety, or mode of worship ; and no man shall be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent." (R. S. 1881, §49; R. S. 1901, §49; R. S. 1897, §49.) (4) "No religious test shall be required as a qualification for any office of trust or profit.'" (1881, §50; R. S. 1901, §50; R. S. 1897. §50.) In view of these provisions of the state constitution, it seems that the only thing the legislature intended to authorize school authorities to do in section 316, is to put the bible in the school and leave the use of it to the good judgment and conscience of the teacher. Under the law you are as a corporate body authorized to make and en- force all reasonable rules (not in conflict with the constitution or statutes) for the successful conduct of the business entrusted to your care. The statute (section 316 above) clearly does not directly authorize such a rule, and I think it does not authorize it by implication. Such a rule might "interfere with the rights of conscience" either of the teacher, some of the pupils or parents, and it is, therefore, not warranted. Clearly the statute and the constitution authorize the reading of the bible, and prayer in the public schools, but it should be done by choice and not by compulsion; and when done it should be done in such a discreet way as not to "in- terfere with the rights of conscience." Complete religious liberty is what the constitution guarantees to every one, and this is what should be aimed at by the school board and tfie teacher. This thought is aptly expressed in the constitution of Virginia : "It is the mutual duty of all to practice chris- tian forbearance, love and charity toward each other." The school board should practice forbearance, love and charity toward the teacher, the pupils and parents. The opinion of any one, in connection with the school, of SCHOOL LAW OF INDIANA. 245 wnatover religious faitli, should be respected and held inviolate, as the board would have its own opinions respected. — Department decision. 4. May be eead. It is understood throughout the state that the bible is not to be taught according to the belief of any sect or creed ; but it may- be read and commented upon in general terms, which do not conflict with any religious views. 317. Uniformity as to time — Numbering. 14. All schools in a township shall be taught an equal length of time, as nearly as the same can be done, without regard to the diversity in the number of pupils at the several schools, or the cost of the school; and each of said schools shall be numbered, by the proper trustees, as school No. . (R. S. 1881, § 4494; R. S. 1901, § 5981; E. S. 1897, § 6197.) 1. -Uniioemity. 1 he statute only requires the schools in the townships to be taught an equal length of time, as nearly as the same can be done. — Harmony School Tp. v. Moore, 80 Ind. 276. See also Maloy v. Madget, 47 Ind. 241. 318. Calendar. 163. A school term of three months shall be sixty days, a school month twenty days, and a school week five days- (R- S. 1881, § 4495; R. S. 1901, § 5982; li. S. 1897, ,§ 6198.) [1877, p. 124. Approved and in force March 5, 1877.] 319. Colored children. 3. The trustee or trustees of such township, tovnn or city may organize the colored chil- dren into separate schools of the township, town or city, having all the rights, privileges and advantages of all other schools of the township, town or city: Provided, That in case there may not be provided separate schools for the colored children^ then such colored children shall be al- lowed to attend the public schools with white children: Provided further. That when any child attending such col- ored school shall, on examination and certificate of his or her teacher, show to the trustee or trustees of any township, town or city that he or she has made sufficient advancement to be placed in a higher grade than that afforded by such colored school, he or she shall be entitled to enter the school 246 SCHOOL LAW OF INDIANA, provided for white children of a like grade, and no distinc- tion shall therein be made on account of race or color of such colored child. (R. S. 1881, § 4496; R. S. 1901, § 5983; E. S. 1897, § 6199.) 1. State's power — Separate schools. The system of common schools in this state has its origin in, and is provided for by, the constitution and laws of the state. It is purely a domestic institution, and subject to the exclusive control of the constitutgd authorities of the state. The federal constitution does not provide for any general system of education to be conducted and controlled by the federal government, nor does it vest in the congress any power to exercise a general or special supervision over the states on the subject of education. The classification of pupils on the basis of race or color, and their education in separate schools, involve questions of domestic policy which are within the legislative discretion and control, and does not amount to an exclusion of either class ; but since the ratifica- tion of the fourteenth amendment of the federal constitution no system of schools would be general, uniform and equally open to all, as required by our own constitution (R. S. 1901, §182; R. S. 1894, §182; R. S. 1897, §182), which did not provide for the education of the colored children. — Corey v. Carter, 48 Ind. 327; State v. Gray, 93 Ind. 303; see Lewis v. Henley, 2 Ind. 332. 2. Compulsion. The township trustee will not be required by mandate to establish separate schools for colored children, unless it is shown to be practicable.— State v. Grubb, 85 Ind. 213; State v. Gray, 93 Ind. 303. 3. Separate schools permitted. The constitutionality of the law for the establishment of separate schools for colored and white children is set- tled.. The discretion given to school officers to establish separate schools for colored children can not be controlled by the courts, in the absence of malice or corruption, nor can the courts compel the admission of a child to a school already overcrowded, nor consider the competency of teachers, or the necessity of the graded schools, nor determine the grade to which a child is quail gee! to be admitted. — State v. Gray, 93 Ind. 303. [1881, p 580. Approvedandinforce April 7, 1881.] 320. Indigent children. 3. It shall be the duty of each matron selected and appointed under the provisions of this act to provide the children committed to her care and cus- tody with suitable and sufficient food and clothing, and to give them proper home training and education; and, in furtherance of this object, she shall send to the common schools in the districts most convenient to the place where such children are kept, where they shall be received and taught at least three months in each year, all of such chil- SCHOOL LAW OF INDIANA. 247 dren under her care as are of the proper age to be admitted into such schools, and to give personal attention to the in- struction of those not of sufficient age to be received into such schools. It shall further be her duty, at all proper times when such children are not in school, nor engaged in study, to engage them in some active labor suited to their age and strength, to the end that they may become useful, industrious and self-supporting citizens. (R. S. 1881, § 6105; R. S. 1901, § 8181; R. S. 1897, § 8640.) 1. ScpiooL piiiviLEGES — ENUMERATION. Such Children are entitled to school privileges in the corporation in which the statute establishes their home, and should be enumerated accordingly. 2. Note. See section 458, and Acts 1903, p. 537. [1885, p. 125. Approved April 2, 1885, and in force July 18, 1885.] 321. Appropriations for indigent children. 1. The boards of commissioners in the several counties of this state are hereby authorized to make suitable appropriations for the education, in the common school branches of learn- ing, of the pauper children of their respective counties whenever, in the judgment of the board of commissioners, justice to the school district or districts wherein such pau- per children are kept demands such assistance ; and all ex- penditures authorized by this act shall be made and paid out of the county treasury on warrants drawn by the audi- tor on the order of the board of commissioners : Provided, That where there is no provision for a matron, or an in- sufficient number of children to require the services of a matron, or the establishment of a separate school for the inmates of such asylums, it shall be the duty of the board of commissioners to require the superintendent of such asy- lum to send such children to the township schools. (R. S. 1901, §6033; R. S. 1897, §6315.) [1869, p. 40. Approved May 5, 1869, and in force August 16, 1869.] 322. Branches taught. ] 47. The common schools of the state shall be taught in the English language ; and the trus- tee shall provide to have taught in them orthography, read- 248 SCHOOL LAW OF INDIANA. ing, writing, arithmetic, geography, English grammar, physiology, history of the United States, and good beha- vior, and such other branches of learning and other lan- guages as the advancement of the pupils may require and the trustees from time to time direct. And whenever the parents or guardians of twenty-five or more children in attendance at any school of a township, town or city shall so demand, it shall be the duty of the school trustee or trustees of said township, town or city to procure efficient teachers and introduce the German language, as a branch of study, in such schools; and the tuition in said schools shall be without charge: Provided, Such demand is made before the teacher for said district is employed. (R. S. 1881, § 4497; R. S. 1901, § 5984; R. S. 1897, § 6200.) 1. Trustee's duty — Mandate. In the circuit court of Johnson county the plaintiff aslied for a writ of mandate to compel the defendants to have their children taught algebra and Latin in an ordinary district school. The court issued the mandate in regard to algebra, and refused it in regard to Latin, solely on the ground that the plaintiffs had not made a suitable de- mand on the trustee in regard to that study, holding that it was his duty to cause Latin to be taught, if the attainments of the pupils required it, and that he could be compelled to do so by suitable proceedings. The court argued that sections 4497 and 4499 were not inconsistent with each other. The intent of the legislature was that "other branches of learning and other languages" should be taught in the public schools whenever the pupils therein were sufficiently advanced in the elementary branches, and in order that the legislative intent might be made effective two modes of acting were provided for: (1) The voters were empowered to act. But. Ipst from any cause they failed in their duty and left those entitled to the bene- fits of the public schools without a remedy, then (2) the school trustee shall act, and, they being public officers, could be compelled by the courts to perform their duty in case they neglected to do the same. — Grubbs v. Williams, Johnson Co., 1880. 2. Additional studies. It has been asked whether it is the duty of school trustees to provide a course of study adapted to the preparation of pupils for college. The question should be answered in the affirmative. It is fair to assume that the trustees must provide suitable instruction for all the children who have a right to attend school ; that is, they must afford them such instruction as their attainments demand. If a child has mas- tered all the primary branches, and being less than twenty-one years of age, still desires to attend schools, the trustees must provide suitable in- struction for him. It is not reasonable to expect him to spend further time on branches which he has mastered. The fact that the law permits chil- dren to attend school until they are twenty-one years of age is presumptive SCHOOL LAW OF INDIANA. 249 proof that the trustees may be required to furnish such instruction as is suitable to their attainments till they reach that age. I think the argument here adduced equally applicable to trustees in cities as to those in town- ships, as the language of the statute applies to both alike. 3. Music. The trustees may require all pupils to study music, to pro- vide themselves with a certain kind of music books, and may prohibit the attendance of any pupil that refuses to comply with such requirement. — State V. Webber, 108 Ind. 31. Myer Publishing Co. v. White River School Tp., 28 Ind. App. 91. 4. License fob teacheks or special subjects. When a teacher is employed to teach special subjects, he should be examined only on the sub- jects he is required to teach. 5. Statute constkued. The words "any school" means any place where a public school is taught, with its complement of teachers and scholars. — City of Indianapolis v. State ex rel. Sander, 129 Ind. 14. 6. German must be taught when demand is made. Where the req- uisite demand is made for the teaching of German in a certain school of the city, the requirement of the statute is not met by providing that the language shall be taught in another school of the city when the pupils have reached a certain grade ; but it must be taught in the pai*ticular school where the demand is made. And the board can not set up a lack of funds as an excuse for their refusal to introduce the study of German, where it appears that studies not named in the statute as required studies are taught at an expense greater than would be necessary for the teaching of German. — Board of School Commissioners of the City of Indianapolis v. State ex rel. Sander, 129 Ind. 14. [1895, p. 376. Approved March 14, 1895. In force June 28, 1895.] 323. Effect of alcoholic drinks and narcotics. 1. The nature of alcoholic drinks and narcotics and their effects on the hnman system in connection with the subjects of physiology and hygiene, shall be included in the branches to be regularly taught in the common schools of the state and in all educational institutions supported wholly or in part by money received from the state ; and it shall be the duty of the boards of education and boards of such educa- tional institutions, the township trustees, the board of school trustees of the several cities and towns in this state to make provisions for such instruction in the schools and institutions under their jurisdiction, and to adopt such methods as shall adapt the same to the capacity of the pupils in the various grades therein ; but it shall be deemed a sufficient compliance with the requirements of this section 250 SCHOOL LAW OF INDIANA. if provision be made for such instruction orally only, and without the use of text-books by the pupils. (R. S. 1897, § 6201; R. S. 1901, § 5984a.) 324. Teachers examined concerning. 2. No certificate shall be granted to any person (on) or after the first day of July, 1895, to teach in the common school or in any educational institution supported as aforesaid who does not pass a satisfactory examination as to the nature of alcoholic drinks and narcotics and their effects upon the human system. (R. S. 1897, §6118; R. S. 1901, § 5984b.) 325. Failure to teach ^effects — Dismissal. 3. Any super- intendent or principal of, or teacher in any common school or educational ingtitution supported as aforesaid, who will- fully refuses or neglects to give the instruction re- quired by this act shall be dismissed from his or her em- ployment. (R. S. 1897, § 6202; R. S. 1901, § 5984c.) [1865, p. 3. Approved and in force March 6, 1865.] 326. Voters' meeting — School director. 25. The voters shall meet, annually, on the first Saturday in October, and elect one of their number director of such school ; who shall, before entering upon duty, take an oath faithfully to dis- charge the same. The director so elected shall, within ten days after said election, notify the trustee of his election; and, in <}ase of failure to elect, the trustee shall forthwith appoint a director of said school. But any director so ap- pointed may be removed, upon a petition of three-fourths of the persons attached to said school who are entitled to vote at school meetings. (R. S. 1881, § 4498; R. S. 1901, § 5985; R. S. 1897, § 6203.) 1. Voters at school meetings. Voters at the school meetings of a dis- trict are all taxpayers, male and female, except married women and minors, who have been listed as parents, guardians or heads of families, and at- tached to such district. Taxpayers are those persons who are liable to pay taxes, either poll or upon property. Any voter at the school meeting, a woman if unmarried, is eligible to the office of director. SCHOOL LAW OF INDIANA. 251 Transferred persons are voters in the district to which they are at- tached. * Persons ^Y]ao have moved into the district since the enumeration are voters. 2. Officers — Elected and appointed. It is only elected officers that hold until their successors are elected and qualified. An appointee to fill a vacancy can only serve out the unexpired terna. — 78 Mich. 635. [1865, p. 1. Approved and in force March 6, 1865.] 327. Voters at school meetings. Any person who is a voter at township elections, and has no children in charge between the ages of six and twenty-one years, by making application to the trustee of his township while the ennmeration is being made, and by indicating to said trus- tee his selection of the school to which he desires to be attached, may have his name listed by said trustee on the enumeration list, and be attached to the school selected, and thus become entitled to the privileges of said school, and be a voter at its school meetings. Such persons, together with the parents, guardians and heads of families men- tioned in section 14, and the persons transferred from other townships and attached to said school, as provided in sec- tions fourteen and sixteen of this act, shall be the only persons entitled to vote at the meetings of the school so selected, and all other persons shall be excluded from vot- ing at such meetings. 1. Note. In Carnahan v. State, 155 Ind. 150, the supreme court inti- mates that the above section is still in force, and calls attention to the fact that it has been omitted from all the revisions of the stautes of this state made since 1870. 2. Listed and attached. To be "listed as parents, guardians or heads of families" means that the trustee in taking the enumeration listed them, that is, put them on the enumeration list or' report, and "attached," that is, assigned them to a certain district for school purposes. 3. This section has no application to incorporated tovpns and cities. — City of Crawfordsville v. Hays, 42 Ind. 200. [1873, p. 68. Approved and in force March 8, 1873.] 328. Other meetings — Powers. 26. The voters at school meetings may hold other school meetings at any time upon the call of the director or any five voters. Five days's no- 252 SCHOOL LAW OF INDIANA. tice shall be given of sucli meeting, by posting notices in five public places in the vicinity; but no meeting shall be illegal for want of such notice, in the absence of fraud ; and the legality of such proceedings, if called in question, shall be determined by the trustee of the township, subject to an appeal to the county superintendent, whose decision shall be final. Such school meetings shall have power to de- termine what branches, in addition to those mentioned in section thirty-four of this act [§ 95], they desire shall be taught in such school, and the time at which such school shall be taught: Provided, however. That the tuition reve- nue apportioned to the school shall be expended within the school year for which it was apportioned: Provided, fur- ther, That such school year shall begin on the first Monday of July. Such school meetings shall likewise have the power to fill vacancies that may occur in the office of di- rector; to direct such repairs as they may deem necessary in their school house; to petition the township trustee for the removal of their school house to a more convenient loca- tion, for the erection of a new one, or the sale of an old one and the lands belonging thereto, and upon any other subject connected therewith; and at such meetings all tax- payers of the district shall be entitled to vote, except mar- ried women and minors : Provided, That nothing herein con- tained shall prevent the trustee from exercising a sound discretion as to the propriety or expediency of making such repairs, removing or erecting school houses, and the cost thereof. (E. S. 1881, § 4499; R. S. 1901. § 5986; P. S. 1897, § 6204.) 1. School meetings in cities. The machinery of school meetings and school directors is unprovided for and unliiiown in cities and towns. — City of Crawfordsville v. Hays, 42 lud. 200. 2. Appeal to county superintendent — Location of school house. — An appeal lies in the matter of locating a school house from the decision of the township trustee to tlie county superintendent, and the decision of the superintendent is linal, although not entered in the superintendent's record until after it is made. On such an appeal the superintendent may affirm or revoke the decision of the trustee to build or not build at a certain place; but he can not direct that the school house be built in an entirely different place. — Knight v, Woods, 129 Ind, 101, SCHOOL LAW OF INDIANA. 253 3. OwifEESHip OF LAND. A township trustee can not, by mandate, be required to locate and build a school house on land that does not belong to the township, notwithstanding the county superintendent, on an appeal from his decision, has rendered a judgment requiring him to erect a school house on said land. It is not enough that a petition by certain inhabitants of tho proper school district to the trustee, praying for such location and building, states that the land will be deeded to the township on the accept- ance of the location by the trustee and his order to build.— Koontz v. State, 44 Ind. 323. 4. Appeal — Reversal — Location — Pkivate buildings. On appeal, a county superintendent reversed the decision of the trustee, locating a school house. Again, on appeal, he reversed another decision by such trustee, re- fusing to locate the school house at a place designated by the superintend- ent in his first reversal. Thereupon the trustee located the house at an entirely different place, but near (150 yards from) where he had first located it. The court decided that he could not be prohibited from locating the school house at the place last chosen, and that the county superintend- ent can not make the location, and that his decision on appeal is final only for the time. — State v. Mewhinney, 07 Ind. 397. (This case overrules Trager v. State, 21 Ind. 317, and State v. Custer, 11 Ind. 210, on this point.) 5. Pkiv'ate schools. The facts in this case were that the legal voters and patrons of school district No. 1('> held a meeting, and by resolution re- quested the township trustee to fit up an additional school room and pro- cure a teacher for said room. The trustee declined to comply, and an ap- peal was taken to the coimty superintendent, who reversed the trustee's decision. This action was by mandate to compel the trustee to comply with the request. The trustee answered that the land whereon the said school had been conducted did not belong to the township, but was individual property, which had not been leased or otherwise secured by the township ; that said district never had a school building; that other schools had been established, and an arrangement made to accommodate the children of No. 16, which had been abolished. The complaint, it was decided, stated no cause of action. The statutes permitting the voters to hold school meet- ings and direct the repairs, etc., of the school buildings has only reference to public schools. The statute has no reference to private schools, nor to private buildings of any kind not leased to the township for school pur- poses. Where the voters direct repairs to be made elsewhere than the public school building, the trustee has no right to obey, and the decision of the county superintendent otherwise is a nullity. The trustee had au- thority to abolish No. 16 and provide other educational facilities for the children thereof.— State v. Sherman, 90 Ind. 123 ; Tufts v. State, 119 Ind. 232. G. Decision of county supekintendent final. The decision of the county superintendent is final as to the location selected by the trustee. — Knight V. Woods, 129 Ind. 101. Sea note 2. 7. Notice is jurisdictional. Until the notices provided for have all been given and posted as required, giving the time, place and purpose of the meeting, the meeting will be illegal. 8. Plurality will control. In this country it is generally under- 254 SCHOOL LAW OF INDIANA, stood that, in the absence of any statutory provision expressly requiring more, a plurality of the votes cast will elect. 9. DiscEETioN OF TRUSTEE. The question as to where a township school house shall be located, is left to the discretion of the school trustee.— Braden v. McNutt, 114 Ind; 214. 10. Removal — Statute eepealed. So much of the above statute as relates to the relocating or removal of a school house has been repealed by sections 330 and 331. [1865, p. 3. Approved and in force March 6, 1865.] 329. Estimates of expenses. 27. AVhen such meetings shall petition the trustee in regard to repairs, remova] or erection of a school house, they shall also furnish to such trustee an estimate of the probable cost of such repairs, re- moval or erection. (R. S. 1881, § 4500; R. S. 1901, § 5987; R. S. 1897, § 6205.) 1. Petition of patrons. A petition for the location, etc., of a school house may be signed and presented to the trustee, and an appeal taken therefrom, although such petition did not originate, nor was it signed, at a school meeting. — Trager v. State, 21 Ind. 317. 2. SuBSCEiPTiON liability. Where citizens of a school township peti- tion for the location of a school district and the erection of a school house therein, designating the size of the house, location, etc., and subscribing sums of money to aid in its construction, to be paid when the walls are erected to the square, and the subscription is accepted by the trustee, before the ainounts subscribed can be recovered, the school township must sub- stantially comply with the terms of the subscription.^ — Suit v. Warren School Townsliip, 8 Ind. App. G55. 3. Injury to pupil by reason of defect in school house. Neither a school city, town nor township is liable to a pupil (or any otlier person) lor an injui-y occasioned by a defect in a school house, although such de- fect could have been repaired and the injuiy prevented. — Freel v. Scliool City of Crawfordsville, 142 Ind. 27. [1893, p. 17. Approved February 7, and in force May 18, 1893.] * 330. Changing site of school house. 1. Whenever it becomes necessary for the trustee of any township in this state to change and re-establish the site of any school build- ing and remove said building to a new site and location therefor, such trustee shall first present to the county super- intendent of schools of the county in which such township is situated, a petition setting forth therein the place and par- SCHOOL LAW OF INDIANA. 255 ticular point to where it is desired to change and relocate the site of any such building, and to remove the same there- to, together with a brief statement of the purposes and rea- sons for such proposed change of location of said school building, and upon such petition shall first procure an order from such county superintendent, authorizing him to change the site and location of such school building, and remove said building to its new site and location: Provided, That said petition shall be signed by said trustee and the major- ity of the patrons of the school where said building is locat- ed, and satisfactory proof shall be made to said county su- perintendent that the persons signing said petition con- stitute a majority of the patrons of said school. (E. S. 1901, § 5920a; R. S. 1897, § 6219.) 1. Discontinuing. This and the next section have no reference to the discontinuance of a school in a certain district on account of the small at- tendance of pupils. — Davis v. Mendenhall, 150 Ind. 205. If a trustee, acting in good faith, discontinue a school when the attendance is less than twelve, his decision will not be reviewed by the county, and he can not be com- pelled to reinstate it.— Tufts v. State, 119 Ind. 232 ; State v. Sherman, 90 Ind. 123. 2. Discretion of tkustee. The trustee no longer has any discretion in the removal and relocation of a school. — Kessler v. State, 146 Ind. 221. 3. New school-house in new location. The above section also- ap- plies to the building of a new school-house in a new location. — Kessler v. State, 146 Ind. 221. 4. Redisteicting township. The above section does not prevent the township trustee redistricting his township for school purposes, nor abol- ishing school districts, when no new school-houses are built, or the sites of those already existing in districts not abolished, are not changed. — State v. Wilson, 149 Ind. 258. 5. Majority must sign. A majority of the patrons and the trustee must sign the petition, or the action of the county superintendent will be void. — Carnahan v. State, 155 Ind. J 56 ; same case", 57 N. E. Rep. 717. 0. Petitioner signi^^g protest against change. If a petitioner for a change signs a protest against such change, he thereby withdraws his name from the petition.^ — Carnahan v. State, 155 Ind. 156 ; same case, 57 N. E. Rep. 717. 331. Notice of petition to change. 2. Before such coun- ty superintendent shall grant such order such trustee shall make and file with said superintendent his affidavit that he has caused notice to be given of such petition, the pur- 256 SCHOOL LAW OF INDIANA. poses thereof, the place of the change of location of such school building, and the time when the same will be pre- sented to the said county superintendent by posting notices in not less than five public places in his township, three of which shall be in the immediate neighborhohod from where such school building is to be removed, at least twenty days prior to the time when the same is to be heard by said coun- ty superintendent. (R. S. 1901, § 5920b; R. S. 1897, § 6220.) 332. Misdemeanors. 3. The trustee of any township in this state violating the provisions of this act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than fifty nor more than five hun- dred dollars. (E. S. 1901, § 5920c; R. S'. 1897, § 6221.) [1891, p. 111. Approved and in force March 5, 1891.] 333. Doors must swing outward. 243. Whoever, being the owner, manager, lessee, trustee, or person having the charge of any theater, opera-house, museum, college, semi- nary, church, school-house, or other public building, refuses or neglects to cause all the doors thereof, constructed for the purpose of ingress and egress, whether inner or outer doors, to be so hung that the same shall swing outwardly, shall be fined in any sum not exceeding one thousand dol- lars nor less than ten dollars, to which may be added im- prisonment in the county jail for any period not exceeding six months : Provided, That this section shall not apply to the outer doors of one-story churches and school houses. (R. S. 1901, § .2276; R. S. 1897, § 2312.) 1. FiEE ESCAPES. An act of 1899 now provides "that every building now or hereafter u&ed, in whole or part, as * * a school house * * shali be provided with proper ways of egress or means of escape from fire, suffi- cient for tlie use of all persons accommodated [or] assembled, and such ways of egress and means of escape shall be kept free from obstruction, in good repair and ready for use at all times, and all rooms above the second story in such buildings shall be provided with more than one way of egress or escape from fire, placed as near as practicable at opposite ends of the room, and leading to fire escapes on the outside of such building or to stairways on the inside provided with pi'oper railings. All external doors subject to the provisions of this section shall open outward, and all wiu- SCHOOL LAW OF INDIANA. 257 dows open outward or upward. No portable seats shall be allowed in the aisles or passageways of such buildings during any entertainment or service held therein." Buildings three stories in height must have fire escapes on the outside.— Acts 1899, p. 473. [1883, p. 30. Approved February 27, 1883, and in force June 5, 1883.] 334. Teachers' employment and dismissal. 28. Trus- tees shall employ no person to teach in any of the common schools of the State of Indiana, unless such person shall have a license to teach, issued from the proper state or county authority, and in full force at the date of the em- ployment. Any teacher who shall commence teaching any such school without a license, shall forfeit all claim to com- pensation out of the school revenue for tuition for the time he or she teaches without such license; but if a teacher's license shall expire by its own limitation within a term of employment, such teacher may complete such term of em- ployment within the then current year. The said trustee shall not employ any teacher Tvhom a majority of those entitled to vote at school meetings have decided at any regular school meeting, they do not wish employed; and at any time after the commencement of any school, if a ma- jority of such voters petition such trustee that they wish the teacher thereof dismissed, such trustee shall dismiss such teacher, but only upon due notice, and upon good cause shown; but such teacher shall be entitled to pay for services rendered. (R. S. 1901, § 5988; R. S. 1897, § 6206.) 1. License essential. A valid contract for the teaching of a public school can not be made by a trustee with one who, at the time, has no license to teach in the county, and the subsequent pi'ocurement of a license does not validate the contract.^Butler v. Haines, 79 Ind. 575. And a per- son can neither recover compensation for services rendered as teacher, nor damages for breach of contract for such services, unless he was licensed to teach as prescribed by the statutes. — Jackson School Town- ship V. Farlow, 75 Ind. 118. See also Harrison Township v. Conrad, 26 Ind. 337, and Putnam v. School Town of Irvington, 69 Ind. 80. In a suit against the school corporation for services rendered or to be rendered, it must be stated in the complaint that the teacher had a license to teach when he rendered the services or entered into the contract. — Bedford, etc., Co. V. McDonald, 12 Ind. App. 621. 258 SCHOOL LAW OF INDIANA. 2. Teachers' contkacts. A contract to teach school, which is left blank in respect to the terms of employment, and contains no stipulation as to how the blanks shall thereafter be flllecl is not binding ; but if treated as a contract of employment for an indefinite time the damages for its breach would be nominal only. — Atkins v. Van Buren School Township, 77 Ind. 447 ; Marion School Township v. Carpenter, 12 Ind. App. 191. The fact that a trustee has no funds is no defense to a teacher's claim for compensation, nor an excuse for refusing to allow him to complete his term of employment. — Harmony School Township v. Moore, 80 Ind. 276. The court, after a failure to make the money on execution, may order the judgment in favor of the teacher to be paid out of the school funds of the township in the county treasury. — Town of Milford v. Simpson, 11 Ind. 520. A teacher of a common school is entitled to compensation, if failure to actually conduct the school each day of the term was caused by the act or omission of the school authorities ; and where the evidence shows that a strict performance by the teacher of the conditions of the contract has been prevented or waived by such act or omission, a recovery can not be defeated by such failure. — Charlestown School Township v. Hay, 74 Ind. 127. To recover, for his services, the teacher must sue the school township, and not the civil township. — Harrison Township v. McGregor, 67 Ind. 380. If the contract be with the "township trustee," the contract may be re- formed by alleging and proving that it was with the school township, and when so reformed it may be enforced. — Sparta School Tp. v. Mendenhall, 138 Ind. 188. If the number of days to be taught be left blank, the actual number agreed upon may be shown by oral evidence, in a suit on the contract for a breach of its terms. — Marion School Tp. v. Carpenter, 12 Ind. App. 191. 3. SiGNiisTG CONTRACT. Where a school board in session passed, and entered of record, an order employing a teacher, this was a valid employ- ment, and the subsequent signing by the trustees at different times can not affect it.— School Town of Milford v. Ziegler, 1 App. 138. 4. Protest against teacher. A protest against a teacher, to be bind- ing, must be made at a school meeting regularly called and conducted ac- cording to law before the employment of the teacher, and by a majority of all the persons entitled to a vote at such meeting, not merely a majority of those present. The persons entitled to vote at the school meeting of a dis- trict are all tax payers, male and female, except married women and minors, who have been listed by trustees as parents, guardians, or heads of families, and attached to such district. (§245, n. 1.) The patrons are by law entitled to protest against the employment of any teacher. It is the trustee's duty to allow them an opportunity to make their protest in the manner provided by law, and, if he is notified that a school meeting will be called for that purpose, any contract he may make- with a teacher will be subject to the action of such meeting. Patrons are not empowered to select teachers (§117, n. 2), and they can not effect a selection indirectly by pro- testing against all the world except a certain person. The protest must SCHOOL LAW OF INDIANA. 259 name definitely the person or persons against wliom it is directed. See Note IS below. 5. Dismissal of teachers. A teacher employed for a definite time may be discharged for incompetency; but if he is competent, and is, in all things, fulfilling his contract, he can not be, without his consent. — School City of Crawfordsviile v. Hays, 42 Ind. 200. But when the teacher is im- properly discharged, the school corporation, not the trustees personally, is liable.— Morrison v. McFarland, 51 Ind. 206 ; Butler v. Haines, 79 Ind. 575. If a teacher be employed to teach a particular school, and he is not per- mitted to do so, it is no defense in a suit for a breach of contract, that he was offered another school in the same township, unless it be shown that the conditions and number of children at the latter were such that it would certainly not be discontinued before the other. — Sparta School Tp. v. Men- dell, 138 Ind. ISS— Oil School Tp. v. Martinz, 27 Ind. App. 525. This ill the language of the supreme court, and, although made with reference to a city, is an enunciation of the common law principle, and is, I think, applicable to the case of dismissal of a teacher by a township trustee, without a petition from the patrons. If the teacher breaks the contract, it seems to me that the trustee should not be bound by it. The law requires the trustee to investigate charges made against a teacher by a majority of the voters of the district, but it is held that he may investi- gate charges made by any number of responsible patrons. The decision of the supreme court, upon an analogous question, in Thager v. State, 21 Ind. 3.17, justifies this opinion. 6. Holidays. Recognized holidays can not be deducted from the time for which a school teacher contracts to teach, and his pay reduced accord- ingly. He is entitled to pay for such days, even though he does not teach. —39 Mich. 484. 7. In cities and towns. 1'he latter part of this section (concerning the power of school meetings and the employment and discharge of teach- ers) has no application to cities and incorporated towns. But if, in such cities and towns, the teacher be incompetent, or fail in the duties of teacher, he may be dismissed by the school trustee. — School City of Crawfordsviile v. Hays, 42 Ind. 200; Putnam v. School Town of Irvington, 69 Ind. 80. 8. Unlicensed peuson may recover reasonable wages. If a trustee permits an unlicensed person to begin teaching, and pays such person out of the tuition revenue, the amount so paid may be recovered by any person interested. County Commissioners should allow no credit for money so paid. But a person so permitted to teach may enforce the payment of reasonable compensation from the trustee as an individual. — Morrison v. McFarland, 51 Ind. 206. 9. Contract mvst not conflict with law. A contract with a teacher must not conflict with the law in any particular. — Atkinson v. Allen, 29 Ind. 375 ; Rafert v. Scroggins, 40 Ind. 195 ; Spears v. Wood, 48 Ind. 541. A teacher contracts with reference to the statute. — Owen School Township V. Hay, 107 Ind. 351. 10. Epidemics — No reductions from teachers' salary for time lost BY reason of. Smallpox is not actus Dei in such a sense as to excuse a L17] 260 , SCHOOL LAW OF LSDIANA. school district from liability iu a contract with a teacher, the performance of which the district has prevented by closing the school. The act of God which will release one from the obligations of a contract is one which ren- ders its performance impossible. — School Town of Carthage v. Gray, 10 Ind. App. 42S. 11. Contract with de facto boaed binding unless fraud is proven. When trustees, with the acquiescence of the town, continue to act as such, after the expiration of their term and before their successors are appointed, they are officers de facto, and their contract with a teacher is binding. Such contract can not be assailed by their successors subsequently appointed, when it is not alleged and proven that the teacher was a party to the fraud to forestall them.— School Town of Milford v. Zeigler, 1 Ind. App, 138. 12. Employment of teacher. A finding that the plaintiff was em- ployed as a teacher by K., who was at the time trustee of the township, sufficiently shows that the employment was by the school trustee, the town- ship trustee being ex officio school trustee. — White v. Kellog, 119 Ind. 320. But this would not be so of incorporated towns, as they have a board of civil trustees and a board of school "trustees. 13. Abolishing department does not affect contract. A teacher is not discharged by abolishing the department iu which be is engaged, or re- moving him to another and lower grade. — School Town of Milford v. Zeig- ler, 1 Ind. App, 138 ; 27 N. E. Rep. 303 ; White v. Kellogg, 119 Ind, 320. 14. Cash advanced to teachers. A township trustee who, in good faith, employs necessary and proper teachers, and when it is unexpectedly found that the public funds provided are insufficient to pay them in full, advances the deficit out of his own money, has a demand against the school township which he may recover. — Kiefer-v. Troy School Township, 102 Ind. 279. 15. Injunction to restrain execution or contract. A board of school trustees can not be enjoined from violating its contract with a person for his personal services as a teacher. — Schwier v. Zetike, 136 Ind. 210, If), Slander — Charge that teacher is cruel. A county superintend- ent and a township trustee are not liable for falsely charging a teacher with cruelty, incompetency and neglect in the exercise of his duties, if they act in good faith. — Branaman v. Hinkle, 137 Ind. 496. 17. Dismissal without cause. School trustees can not dismiss a teacher without cause, even before the commencement of the term of ser- vice specified in the contract under a provision in such contract that the employment is subject to the right of the trustee to remove the teacher at any time upon notice first giA^en. — School City of Lafayette v. Bloom, 17 Ind. App. 461. 18. Vote of district not to employ. If the patrons of a district at a lawful school meeting vote that a certain person shall not be employed, the trustee cannot thereafter employ such person ; and he may be enjoined and prevented from entering into a contract with him. If an appeal be taken to the county superintendent on such question, his decision will bind the trustee. — O'Brien v. Moss, 131 Ind. 99, 'But the trustew is under no obli- gation to notify the patrons of a school district concerning whom he in- SCHOOL LAW OF INDIANA. 261 tends to employ as teacher of the district, so as to give them an opportun- ity to remonstrate against the employment of a certain teacher. The objec- tions to the employment of a particular teacher must be made "before he is employed. — Rumble v. Barker, 27 Ind. App. 69. See note 4 above. 19. Mareied women — Fkaud. A contract that an unmarried teacher shall not marry during the term for which she is employed is valid ; and if she do marry, the trustee may rescind the contract and terminate her em- plojanent. The condition against marrying must, however, be inserted in the written contract ; and an oral contract to that effect, as an addition to the written contract, is invalid. — Guilford School Tp. v. Roberts, 28 Ind. App. 355. [1899, p. 173. Approved February 28, 1899; in force April 28, 1899] 335. Teachers' contracts to be in writing. 1. All con- tracts hereafter made by and between teachers and school corporations of the state of Indiana shall be in writing, signed by the parties to be charged thereby, and no action shall be brought upon any contract not made in conformity to the provisions of this act. 1. FoEMEK LAW. Until this law was adopted, a verbal contract was valid. — Jackson School Township v. Sherer, 8 Ind. App. 330. 336. Blanks to be uniform. 2. For the purpose of car- rying this act into effect the school trustees of the several school corporations of this state shall provide a public rec- ord of uniform blank contracts to be carefully worded un- der the direction of the superintendent of public instruc- tion, and cause such contracts to be signed therein, which record shall be deemed a public record, open to inspection by the people of their several school corporations. [1907, p. 146. Approved March 2, 1907.] 337. Minimum wages of teachers. 1. The daily wage of teachers for teaching in the public schools of the state shall not be less, in the case of beginning teachers, than an amount determined by multiplying 2V2 cents by the general average given such teacher in his highest grade of license at the time of contracting. For teachers having had a suc- cessful experience for one school year of not less than six 262 SCHOOL LAW OF INDIANA. months, the daily wages shall not be less than an amount determined by multiplying 3 cents by the general average given such teacher on his highest grade of license at the time of contracting. For teachers having had a successful experience for three or more school years of not less than six months each, the daily wages shall be not less than an amount determined by multiplying 3% cents by the general average given such teacher on his highest grade of license at the time of contracting. All teachers now exempt or hereafter exempt from examination shall be paid, as daily wages for teaching in the public schools, not less than an amount determined by multiplying 3 cents by the general average of scholarship ajnd success given such teacher: Provided, That the grade of scholarship accounted in each case be that given at the teacher's last examination, and that the grade of success accounted be that of the teacher's term last preceding the date of contracting: And, provid- ing, further. That 2 per cent, shall be added to the teacher 's general average of scholarship and success for attending the county institute the full number of days, and that said two per cent, shall be added to the average scholarship of beginning teachers. 338. Teachers' qualifications. 2. The qualifications re- quired for teaching for the different classes shall be as fol- lows: (a.) A teacher without experience: Shall be a graduate of a high school or its equivalent. Shall have had not less than one term, of twelve weeks' work in a school maintain- ing a professional course for the training of teachers. Shall have not less than a twelve months ' license. (b.) A teacher with one school year's experience: Shall be a graduate of a high school or its equivalent. Shall have had not less than two terms or twenty-four weeks ' work in a school maintaining a professional course for the training of teachers or the equivalent of such work. Shall have not less than a two years' license. Shall have a success grade. (c.) A teacher with three or more years' successful ex- School law of indiais-a. 263 perience: Shall be a graduate of a higli school or its equiv- alent. Shall be a graduate from a school maintaining a pro- fessional course for the training of teachers, or its equiva- lent. Shall have a three years' license or its equivalent. Shall have a success grade. Provided, That for teachers already in the service, suc- cessful experience in teaching shall be accepted as an equiv- alent for high school and professional training, as required by all the above classifications. 339. Payment at less rate — Penalty. 3. If any school officer shall pay to any teacher for school services at a rate less than that fixed by this act, he shall be fined in any amount not exceeding $100.00 and shall be liable in a civil action for wages to such teacher at the rate provided in this act, which may be recovered by such teacher, together with an attorney's fee of $25.00, in any court of justice of com- petent jurisdiction. 340. State board of education — Duties. 4. It shall be the duty of the state board of education, from time to time, to provide regulations which shall define the words "high school" and "equivalent" in this act, it being the mtent hereof that only such schools be recognized as high schools as maintain a standard of scholarship and efficiency and course of study to the approval of the state board of edu- cation, and that the word "equivalent" as used in this act shall mean such a course of study or training or the ability to pass such an examination as in the judgment of the state board of education would as fully qualify the applicant for teaching as the qualification of high school or normal school work and the license respectively named above requires. 341. When act in effect. 5. The provisions of this act shall be in force and effect on and after August 1, 1908. 342. Repeal. 6. All laws and parts of laws in conflict herewith are hereby repealed. 1. Attending county institute. Teachers are not compelled to at- tend a county institute, but if they do not attend they will not receive the additional two per cent, on their success grades. ^64 SCHOPL LA\Y OF. INDIANA. . 2. Exemption. The. two per cent, given for attendance on a county institute applies to exemption license. 3. State Normal diplomas. Persons liolding diplomas from tlie State Normal sclwiol are entitled to the two per cent, for attending the county institute, but the said two per cent, must be added to the grades upon which their state or county licenses have been issued. 4. Must attend entiks institute. A teacher is not entitled to the two per cent, unless he answers the first roll call and is present daily all the sessions, including the last roll call. 5. City and town teachers. City and town teachers are entitled to the two per cent, for attending the county institute. 6. General percentage. The two per cent, does not raise the teacher's general percentage," except for the purpose of determining the amount of his wages. 7. Three years' teaching. Those who have taught three or more years are entitled to three and one-half cents, multiplied by their general average of scholarship and success, to which two per cent, is added for full attendance at county institutes. The term "three years" means three terms of school and not 36 months of actual teaching. It matters not in what county or state the teaching wasjione. 8. Teachers receiving salary above legal rate. The salary of teach- ers who receive higher daily wages than that provided by the teachers' minimum wage law is not affected by such law, and hence the school officials need not give to such teachers the two per cent, for attending county institutes. 9. Note. Any trustee contracting below the limit fixed by the statute lays himself liable to prosecution. [1893, p. 34. Approved and in force February 17. 1893.] 3421/2- Terms for which teachers may be employed. After the passage of this act it shall be'iinlawful for any township trustee to contract with any teacher to teach in any common school if the actual term of service of such teacher under such contract does not begin before the expir- ation of the term of office of such trustee. Every contract made in violation of the provisions of this section shall, as to the township represented by such trustee, and the school fund thereunto belonging, be absolutely void; but such trustee shall be personally liable to such teacher for all serv- ices rendered under such contract, and for all damages which he may sustain by reason thereof. (R. S. 1901, §5989;R.S. 1897, §6207.) 1. . Contract of picedecessok. A school trustee can not ignore his pre- decessor's contract because of mere formal and technical errors. — Sparta School Tp. v. Mendell. 138 Ind. 188. SCHOOL LAW OF EPTDIAWA. 265 2. Contracts befoke 1893. Prior tq the passage of the above section a contract by a retiring township trustee was valid, although the term of sclioo'i did not begin until after such trustee's successor had come into his office. — School Town of Mili'ord v. Zeigler, 1 Ind. App. 138; Reubelt v. School Town of Noblesville, 106 Ind. 478 ; Litten v. Wright School Tp., 1 Ind. App. 92. As to suliiciency of a complaint in an action by a teacher for pay- fqr his services, see School Town of Rochester v. Shaw, 100 Ind. 268, and Owen School Tp. v. Hay, 107 Ind. 351. [1865, p. 143. Approved and in force December 20, 1865.] 343. Special examination. 85. If the persons attached to and forming a school district have, at their school meet- ing, designated other or a less number of branches of learn- ing than those in section 34 of this act (§81) mentioned, which the}" desire to have taught in their school, the trustee, in employing a teacher for said school, shall require said teacher to be examined as to his qualifications to teach the branches of learning required by said school meeting. (R. S. 1881, § 4502; E. S. 1901, § 5990: E. S. 1897, § 6208.) [1865, p. 3. Approved and in force March 6, 1865.] 344. Director's duties. 29. The director of each school shall preside at all meetings of the inhabitants connected therewith, and record their proceedings. He shall also act as the organ of communication between the inhabitants and the township trustee. (E. S. 1881, § 4503; E. S. 1901, §5991;E.S. 1897, § 6209.) 345. He has charge of the school house. 30. lie shall take charge of the school house and property belonging thereto, under the general order and concurrence of the trus- tee, and preserve the same; and shall make all temporary repairs of the school house, furniture and fixtures, and pro- vide the necessary fuel for the school, reporting the cost thereof to the trustee for payment. (E. S. 1881, § 4504; E. S. 1901, § 5992; E. S. 1897, § 6210.) 1. Possession of house. We think the trustee has charge and posses- sion of the school house, for although the director has the charge for cer- tain purposes, he acts under the order and concurrence of the trustees. — Hurd V. Walters, 48 Ind. 148. 266 SCHOOL LAW OF INDIANA. 346. Visits schools — May exclude pupils. 31. He shall visit and inspect the school, from time to time, and, when pecessary, may exclude any refractory pupil therefrom ; but the exclusion of any pupil from the school for disorderly conduct shall not extend beyond the current term, and may be, LQ the discretion of the director, for a shorter period. (E. S. 1881, § 4505; R. S. 1901, § 5993; R. S. 1897, § 6211.) 1. Teacher's powek as to discipline. The law is well settled, as it seems to us that the teacher has the right to exact from his pupils obe- dience to his lawful and reasonable commands, and to punish disobedience. In a recent Wisconsin case it was well said : "In the schools, as in the family there exists on the part of the pupils the obligations of obedience to lawful commands, subordination, civil deportment, respect for the rights of other pupils, and fidelity to duty. These obligations are inherent in any proper school system, and constitute, so to speak, the common law of the school. Every pupil is presumed to know this law, and is subject to it, whether it has or has not been reenacted by the district board in the form of written rules and regulations." — Danenhofter v. State, 69 Ind. 295. 2. Teacher and prPiL — Rules for government of school — Unreason- able RULE, A rule established by the teacher of a public school, requiring pupils to pay for the wanton and careless destruction of school property, is unreasonable, and a teacher has no right to enforce such a rule by chas- tisement. Carelessness on the part of children is one of the most common and yet one of the least blameworthy of their faults. In simple carelessness there is no purpose to do wrong. To punish a child for carelessness in any case, is to punish it where it has no purpose or intent to do wrong or violate rules. But beyond this no rule is reasonable which requires of the pupil what they can not do. The vast majority of pupils, whether small or large, have no money at their command with which to pay for school prop- erty which they injure or destroy by carelessness or otherwise. If re- quired to pay for such property they would have to look to their parents or guardians for the money. If the parent or guardian should not have the money, or if they should should refuse to give it to the child, the child would be left subject to punishment for not having done what it had no power to do. — State v. Vanderbilt, 116 Ind. 11. 3. Corporal punishment. A teacher may punish a pupil with kind- ness, prudence and propriety, for disobedience of his proper commands ; and when the punishment is reasonable, he can not be prosecuted for as- sault and battery. — Cooper v. McJunkin, 4 Ind. 290; Danenhoffer v. State, 69 Ind. 295. The teacher may exact compliance with all reasonable commands, and enforce obedience by inflicting corporal punishment, in a kind and reason- able manner, upon a pupil for disobedience. Such punishment must be within the bounds of moderation, and apportioned to the gravity of the offense; but when complaint is made, the judgment of the teacher as to SCHOOL LAW OF IKDIANA. 267 what the situation required should have weight, as in the case of a parent under similar circumstnnces, and the reasonableness of the punishment must be determined upon the facts of the particular case. The presumption is that the teacher did nothing more than his duty. The legitimate object of chastisement is to inflict punishment by the pain which it causes, as well as by the degradation it implies ; and it does not follow that chastise- ment was cruel or excessive because pain was produced, or abrasions of the skin resulted from a -switch used by the teacher. When a proper weapon has been used, the character of the chastisement with I'eference to any alleged cruelty or excess, must be determined by the nature of the offense, the age, physical and mental condition, as well as the personal at- tributes, of the pupil, and the deportment of the teacher. — Vanactor v. State, 113 Ind. 276; Danenhoffer v. State, 79 Ind. 75. 4. Damages. Public officers to whom matters may be submitted for their determination, the consideration of which requires an exercise of their deliberative judgments, are not answerable in damages for mere errors of judgment, unaccompanied with malice or bad faith. — Fertich v. Michener, 111 Ind. 472. 5. Mandamus. Mandamus lies to compel the restoration of a pupil il- legally suspended or expelled. — State v. White, 82 Ind. 278. 6. Not contempt of couet. A boy was suspended for violation of a rule and readmitted by order of the court. He was suspended a second time for violation of the same rule, and it was held that the second suspen- sion was not a contempt of court. — Bowers v. State, 127 Ind. 272. 347. Appeal to trustee. .32. The decision of a director in excluding a pupil shall be subject to appeal to the town- ship trustee, whose decision shall be final. (R. S. 1881, § 4506; R. S. 1901, § 5994; R. S. 1897, § 6212.) 1. How APPEAL TAKEN, The parent or guardian, or the pupil himself, may appeal. No formal documents are necessary, and the trustee has the right to make an investigation upon a verbal statement. But he should make a record of the facts in the case and of his decision thereon, 348. Insulting teacher. 162. Tf any parent, guardian, or other person, from any cause, fancied or real, visit a school with the avowed intention of upbraiding or insulting the teacher in the presence of the school, and shall so up- braid or insult the teacher, such person, for such conduct, shall be liable to a fine of not more than twenty-five dollars, which, when collected shall go into the general tuition rev- enue. (R. S. 1881, § 4507; R. S'. 1901, § 5995; R. S. 1897, § 6213.) 1. Paet UNCONSTITUTIONAL. The provlslou that the proceeds of the fine shall go into the general tuition revenue is void, since the constitution 268 SCHOOL LAW OF INDIANA. (viii. 2) makes fines assessed for breaches of penal laws of the state a part of the common school fund. 2. Assault on teacher. A township trustee and the school director, upon the refusal of a duly employed teacher to allow a vacation of the school for a time, which they and certain patrons of the school had de- uaanded, entered the school house, of which the teacher was in rightful, peaceable possession, seized him, and pulled, dragged and threw him out of the building and inflicting serious injuries upon him ; they were held guilty of a wrongful assault and battery, and liable for the damage he sustained. —White V. Kellogg, 119 Ind. 320. 349. Title to school propertj^ 157. The title to all lands acquired for school purposes shall be conveyed to the township, incorporated town, or city for which it is ac- quired, in the corporate name of such township, town or city, which is used for school purposes, for the use of com- mon schools therein. In all cases in which the title to any such land is vested in any other person or corporation than as above provided, it shall be the duty of the trustee, for school purposes of the township, town, or city, to procure the title to be vested as in this section provided. (R. S. 1881, § 4508; R. S. 1901, § 5996; R. S. 1897, § 6214.) 1. Trust title — Change of trustee. The corporation (township, town, or city) holds the title in trust for school purposes, and upon the incorporation of a town, it becomes the trustee, and entitles to such real estate as lies within its boundaries. — Carson v. State, 27 Ind. 465; School Town of Leesburg v. Plain School Township, 8(3 Ind. 582 — and can compel the trustee of the township to convey the school house and lot to it. — School Township of Alien v. School lown of Macy, 109 Ind. 559. A town organ- ized as a school corporation is the proper plaintiff in an action to recover land previously deeded for school purposes to the school township in which it is situated. Newpoint Lodge v. School Town of Newpoint, 138 Ind. 141 ; Board v. Center Tp., 143 Ind. 391. 2. Formation of iown — Revenue. If a town is formed out of a por- tion of a township, the school trustees of the town are entitled to demand and receive of the township trustee the proportion of school moneys belong- ing to the town, and it is the duty of the township trustee to ascertain the amount and pay it over to the town school board.— Johnson v. Smith, 64 Ind. 275. So when a new township is created by a division of the territory of an existing township, the former is entitled to an equitable division of the school fund belonging, or to be apportioned, to the township as originally constituted ; and if there be no debt to be provided for, the new township should receive its proportionate share of the special school revenue and tui- SCHOOL LAW OF INDIANA. 269 tion fund, which should be apportioned upon the basis of the enumeration of school children residing in the territory constituting such new township. — Towle V. Brown, 110 Ind. 65, 599. 3. CoEFOEATE LIMITS — CoNDiTioNAi, DEED. A school Corporation can not establish a school outside of its territorial limits. — State v. Shields, 56 Ind. 521. You saj' that a lot was deeded to a township "for school purposes," and ask if the house built thereon will revert to the original owner if the trustee decides to change the location of the school house. If the above quotation is all that is expressed in the deed upon that subject, then I think the property will not revert to the original owner. If the deed should say "so long as used for school purposes," then I suppose it might revert to the original owner. — Newpoint Lodge v. School Town of Newpoint, 138 Ind." 141. 4. Highways. Real estate and buildings held by a school township for school purposes are subject to appropriation for highways, as other private property. — Rominger v. Simmons, 88 Ind. 453. 350. Use of school house. 158. "When a school house is unoccupied by a common school of the state, and the people who form the school at such house desire that a private school be taught therein, and a majority of them make ap- plication to the trustee having charge of such house for the use of it for such private school, it shalJ be the duty of the trustee to permit said school house to be used for such pri- vate school by such teacher as may be mentioned in the ap- plication, but not for a longer time than until said house may be wanted for a public school ; and such permission and use shall be upon the condition that the teacher employed in said school shall report, in writing, to the trustee — First. The number of teachers employed, distinguishing between male and female. Second. The number of pupils admitted into the school within the term, and the average daily attendance. Third. The cost of tuition, per pupil per month, in said school. (E. S. 1881, § 4509; R. S. 1901, § 5998; R. S. 1897, § 6215.) 1. Teacher's report — Care of house. It is not the intention of this section to deny the trustee the right to permit the use of a school house for a private school, in the absence of a petition, unless there shall be a protest of a majority of the district against such use. In order to secure proper qualification on the part of the teacher, it is recommended that. 270 SCHOOL LAW OF ITTOIAIJA. other things equal, the house be let to a teacher holding a valid license. To secure the preservation of the house, it is recommended that some re- liable party should be held responsible to the trustees for the proper care of such property, and for repair of all damages. This party may be the teacher or some other, as may be agreed upon. It is hoped that trustees will insist upon reports from teachers, as provided for in this section. 2. Trustee's discretion. The people who form the school at such house must be construed to mean the persons entitled to vote at the school meetings. The trustee has no discretion as to permitting the use of a school house for a private school when applied for as provided in this section. He must permit the use. The teacher occupying a school house, under such petition, thereby obligates himself to comply with the condi- tions contained in the law as to reporting. [1859, p. 181. Approved March 3, 1859, and in force May 6, 1859.] 351. Use of school house. 6. If a majority of the legal voters of any school district desire the use of the school house of such district for other purposes than common schools, when unoccupied for common school purposes, the trustee sball, upon such application, authorize the director of such school district to permit the people of such district to use the house for any such purpose, giving equal rights and privileges to ail religious denominations and political partfes, without any regard whatever to the numerical strength of any religious denomination or political party of such district. (U. S. 1881, § 4510; R. S. 1901, § 5999; R. S. 1897, § 6216.) 1. Use of the school house. The trustee, upon application of a majority of the legal voters of a school district, may authorize the director to permit the use of the house for other than school purposes, and a com- plaint to enjoin such use must aver that a majority of the legal voters of the district have not expressed a desire therefor. — Hurd v. Walters, 48 Ind. 148. 2. Trustee's power and duties. The trustee is made responsible for the care, management and preservation of the school houses in his school corporation. This trust he can not alienate. It is true that it is his duty to permit the school house to be used for other than school purposes when the terms of the law have been complied with, but it is equally true that it is contemplated by the law that the trustee shall retain such control of the school house as will enable him to enforce the provisions of the law. Inasmuch as the trustee must give equal rights and privileges to all re- ligious denominations and political parties, it is clear that he can not make a contract with any party by reason of which one denomination or one SCHOOL LAW OF INDIANA. " 271 political party shall obtain pospession of the house to the exclusion of any other, except for the time beius, or by which the control of the house shall pass from his hands. It is not necessary tliat the voters of a district petition the trustee on each separate occasion that tlie Iiouse is desired for other than school purposes, but if a general petition is filed with the trustee, in i)roi)er form.. re(iuesting. for example, that the house be used for religious purposes, he may then permit the house to be so used as occasions may re, and also at or near the door of each postoffice therein, stating briefly the buildings, repairs or supplies souglit to be let, and when and where bids will be received and opened therefor; and if the contemplated expenditures in any one class shall be five hundred dollars ($500) or more, he shall post notices as aforesaid, and also publish notice thereof for oae (1) time in the two leading newspapers published in the county representing the two political parties casting the highest number of votes in such county at the last preced- ing general election: Provided, That one of such publica- tations shall be made in a newspaper published in the town- ship interested, if there be a newspaper published therein. The advisory board shall attend the letting. At the letting, all the work or supplies in any one class shall be included and let in a single contract. All bids shall be in writing and be opened and read publicly at the time and place fixed in the notice. The trustee may take time to examine and satisfy himself as to which is the lowest and best bid, and sliaJl advise with the advisory board thereon; and said board is hereby empowered to reject any and all bids. The trustee shall indorse on the bids whether rejected or accept- ed and preserve the same. When a bid is accepted, a prop- er contract shall then be reduced to writing for such build- ing, repairs or supplies, as the case may be, and be signed by the successful bidder and the trustee, who shall require the bidder to give bond with security, to be approved by him, for the faithful execution of such contract. 474. Trustees' pay. 10. The township trustees serving under this act shall receive for their services the compensa- tion now or hereafter fixed by law: Provided, That where a per diem is allowed by law the number of days' service SCHOOL LAW OF INDIANA. 343 for which the trustee is allowed shall be fixed and allowed by the advisory board at their annnal meetmg, and this shall constitute the entire compensation of snch trustee for all the duties of his office. (R. S. 1901, § 8085J.) 475. Contracts void. 11. All contracts made in viola- tion of this act shall be null and void. (E. S. 1901, § 8085k.) 1. Note. This section modifies all the decisions rendered by the courts concerning contracts of township trustees. It also repeals the law re- quiring the trustee to petition the board of county commissioners for leave to contract debts on behalf of the township. Contracts of townships must" now be executed pursuant to the provisions of this act; and if not, they are void, lilven' though a township receives articles purchased by its trus- tee, without pursuing the provisions of this statute, it will not be liable for the price agreed upon uor for their value. — T'eck-Williamson, etc., Co. v. Steen School Tp., 30 liid. App. 6:'.7 ; 06 N. E. Hep. 909 ; and see Moss v. Sugar Ridge Tp., 07 N. E. Rep. 460. 2. For a construction of this section, see Thornton's Complete Guide for Township Ofiicers, section ISS. 476. Appointment of first members of board. 12. At the term of the circuit court to be held in the several coun- ties of this state next after the taking effect of this act, such court shall appoint three (8) freeholders and qualified vot- ers residing in each township, not more than two of whom shall belong to the same political party, who shall consti- tute the advisory board of such township until their suc- cessors are elected and qualified; on failure of such court so to do, the governor of the state shall make said appoint- ments. And all laws and parts of laws inconsistent with the provisions of this act are hereby repealed. (E. S. 1901, § 80851.) [1903, p. 112. Approved February 28, 1903. In force April 23, 1903.] 477. Publication of receipts and expenditures. 1. All township trustees in the state of Indiana shall, within four weeks from the time of the filing of their annual report as now provided for by law, cause to be published by one in- sertion in each of two leading newspapers of general cir- culation printed and published in the county, each repre- 344 SCHOOL LAW OF INDIANA. senting one of the two political parties casting the highest number of votes at the last preceding election, the receipts and expenditures by items as they appear in the annual re- ports of such trustee : Provided, That where a paper is pub- lished in the township the same shall be published in such paper and one other in the coimty seat. If any such trustee fails to make such publication, then the auditor of the coun- ty shall cause such publication to be made. If there be but one newspaper published in such county, then publication shall be made in such newspaper only. Each of such news- papers shall be entitled to five cents, and no more, for the publication of each item for such receipts and expenditures, the same to be paid for out of the township fund: Pro- vided, however, That this act shall not apply to any town- ship wherein is situated a city having a population of one hundred thousand inhabitants or more, according to the last preceding United States census: Provided, That not more than one item shall be printed in one line. [1907, p. 615. Approved and in force March 12 1P07.] 478. Legalizing act — Township trustee and advisory board. 1. Where in any to^vnship or townships in the state of Indiana there was at the time when money was needed by said township, or townships, for building pur- poses, a sufficient sum of money in the sinking fund for the necessary building purposes and no funds sufficient in the building fund of said township, or townships, and the trustee, without fraud, and in good faith, and with the con- sent and upon the advice of the advisory board of said township, or townships, has used the sinking fund in a judi- cious and legal manner for building purposes, and the said sinking fund at the time not being needed to pay off any bonded indebtedness, or interest on same, then the acts of said trustee and advisory board are hereby legalized and made valid, and said trustee shall not be liable upon his bond for the sum so used: Provided, That the provisions of this act shall not apply to or affect any pending litiga- tion. SCHOOL LAW OF INDLOTA. 345 CHAPTER XXIII. TUK FUND. Sec. Sec. 479. What constitutes. 534. 480. Estrays and property adrift. 535. 481. Counties liable. 536. 482. Account of fund. 537. 483. Custody of lands. 538. 484. Leasing lands. 539. 485. Divided school sections. 540. 486. Boundaries of townships. 541. 487. School township, when county lines 542. divide. 543. 488. Auditor's statement as to children. 544 489. Auditor's duty. 515. 490. Account and distribution. 546. 491. Duties of the other auditor. 547. 492. Account — Readj ustment. 548. 493. Power of trustee. 549. 494. Sale of school lands. 550. 495. Proceedings to sell. 551. 496. Ballots. 552. 497. Results of election. 553. 498. Certificate of vote. 554. 499. Trustee's duty. 555. 500. Order and conduct of sale. 556 501. Terms of sale — Timber. 557. 502. Forfeiture — Resale. 558. 603. Forfeiture, how prevented. 559. 604. Forfeiture — Liability for waste. 560. 505. Suit for waste. 561. 506. Private sale. 562. 607. Reappraisement. 663. 508. Advertisement of funds. 564. 509. Reappraisement of forfeited lands. 565. 510. Appropriation by commissioners. 566. 511. Certificate of purchase. 567. 512. Rights of purchase. 568. 513. Failure to make payment — Penalty. 569. 514. Assignment. 570. 515. Defective assignments — Proceedings. 571. 516. Loan of purchase money. 572. 517. Payment. 573. 518. Lost certificate. 574. 519. Purchase money, where paid. 575. 520. Duty of auditor. 576. 521. Deed. 577. 522. Sale — Legalization. 578. 523. Title, when complete. 579. 524. Sale had without vote. 580. 525. Compensation on failure of title. 581. 526. Lands of surplus revenue fund, how 582. sold. 583. 527. Interest — Judgment. 584. 528. Advertisement of funds. 585. 529. County auditor — Penalty. 586. 530. Auditor's duty. 587. 631. Appraisement. 588. 532. Duty of appraisers. 589.. 533. Loans outside of county. 590. Loan of school and university funds. Limit of loan. Percentage of value of land Length of time. County may borrow. Note of county — County council. Auditor's warrant. Rate of interest. Payment of loan. Transfer from one county to another. Certificate as to liens. Oath of applicant. Time of loan. Limit of loan. Acknowledgments and oaths. Record of mortgages — Priority. Auditor's duty. Fees. Interest unpaid — Auditor's duty. Collection on default. Fund to be specified. Form of mortgage. Form of note. Warrant to borrow. Payments — Quietus . Indorsements and satisfaction. Suit for deficiency. Notice of sales. Manner of sale — Surplus. Auditor's bid. Sale of lands bid in. Reappraisement of forfeited lands. Appropriation by commissioners. Deed by auditor. Statement of sales. Title in state without deed. Conveyance to county. Suit to foreclose. Purchase by county. Lease of land purchased. Sale of land — Appraisement. Deeds. Sales legalized. Act supplemental. Cancellation of mortgage. Annual report. Duty of boards. Board's report. Disposition of report. Apportionment of loans. Miscellaneous school fund account. Distribution and report. Penalty against auditor. School funds — Expense in making loans. Repeal of order. Appropriations — County council. Repeal. 346 SCHOOL LAW OF INDIANA. [1865. p. 3. Approved and in force March 6, 1865.] 479. What constitutes. The funds heretofore known and designated as the surplus revenue fund, all funds here- tofore appropriated to the common schools, the Saline fund, the bank tax fund, the fund which has been derived or may be derived from the sale of county seminaries and the prop- erty belonging thereto, the moneys and properties hereto- fore held for such seminaries, all fines assessed for breaches of the penal laws of the state, all forfeitures which may accrue, all lands and other estate which shall escheat to the state for want of heirs or kindred entitled to the inheritance thereof, all lands which have been granted, or iiisij be grant- ed hereafter, to the state, when no special object is ex- pressed in the grant, the proceeds of the sales of the swamp lands granted to the state of Indiana by the act of congress of September, 1850, the taxes which may be assessed from time to time upon the property of corporations for common school purposes, and the fund arising from the one hundred and fourteenth section of the charter of the state bank of Indiana, shall be denominated the ''common school fund." The fund derived from the sale of congressional township school lands, and the unsold congressional towmship school lands, at the reasonable value thereof, shall be denominated the ' ' congressional township school fund, ' ' and shall never be diminished in amount, the kicome of which, together with the taxes mentioned and specified in the first section of this act [§4465], the money and income derived from licenses for the sale of intoxicating liquors, and unclaimed fees, as provided by law, shall be denominated the "school revenue for tuition," the whole of which is hereby appro- priated, and shall be applied exclusively to furnishing tui- tion to the common schools of the state, without any de- duction for the expenses of collection or disbursement. (E. S. 1881, § 4325; R. S. 1901, § 5750; R. S. 1897, § 6011.) 1. Two DISTINCT FUNDS. Tliis sectiou, in conformity with ttie deci- sions ( ited under section 1, provides tiiat there shall he two distinct funds, the "common school fund" and the "congressional township school fund," whicli must be kept apart and managed separately (§ 482). Under the for- SCHOOL LAW OF INDLA-NA. ' 347 mer title are consolidat'ed all the funds named in the constitution, except the congressional township fund, and in addition thereto "all funds here- tofore appropriated to common schools," referring to all mone^^s arising from the saie of estray animals, and propertj- taken up adrift, which were by an act approved January 15, 1S44 (§ 480), transferred to the common school fund of the county to be ratably apportioned among the several school districts thereof. Neither of these funds shall ever be diminished, lor the term common scnooJ fund in the conslritution includes both. — Davee y. State, 7 Ind. App. 71. 2. Revenues. Of the "school revenue for tuition" the interest on the common school fund, the proceeds of the state tax. and the imclaimed fees are paid into the state treasury and apportioned to the counties by the su- perintendent Oi public instruction semi-annually on the basis of school pop- ulation. — § 395-201. The revenues derived from the congressional township fund and from county liquor licenses are distributed by the county auditors to the townships and counties to which they ' respectively belong. — § 181 and U. S. 1881^ § 531G ; (Fc. S. 1901, §7281; R. S. 1S97, § 7626) ; State v. Forkner, 70 Ind. 241. 3. I'ee& of OFFicEiis. No deduction shall be made from the school revenues for expense of collection or disliursements, but the county audi- tors shall receive from the general funds of the counties the amount of one per cent, on the permanent school funds held in trust by their several counties, as compensation for the management of them. — R. S. 1881, § 5909 ; Hanlon v. the Board, 53 Ind. 12?.. 4. Illegal deductioj^s recoverable — St-Atute of limitations. By the school law of 1855, and also of 1805, still in force (§ 481), the income of the common school fund and the taxes kwied and collected Cor tuition are required to be applied exclusively to furnishing tuition in the common schools of the state. Provision is mnde for iiayiuent out of the county fund of the fees of otMcers for collecting, managing and dispensing the tuition fund. (R. S. 1881, §§ 5909, 5927, 5928.) P'mm the constitutional and statutory provisions it is manifest that, with reference to common school funds, the state and county act simply as trustees for the benefit of the school children of the state. Tiie county can not repudiate or dis- avow its trust, and where it misappropriates common school funds, no failure of the proper oxiicers to bring suit for any length of time after notice of the misappropiiation can be set up by way of limitation to the action to the prejudice of the beneficiaries of the trust. — State v. St. .Jo- seph Co., 90 Ind. 359; Board v. State, 103 Ind. 497; Board v. State, 106 rnd. 270; Board v. State, 106 Ind. 531. 5.- EsTRAYS. Under the first clause of the schedule annexed to the constitution of 1S51, the act of January 15, 1844 (p. 86 of act of 1844) (§ 482), entitled "an act converting the moneys arising from the sale of estray s and property taken up adrift into the common school fund, not be- ing inconsistent with the constitution and not having expired or been re- pealed, has remained and is in force ;" and under its provisions and those of § 481, all moneys arising from the sale of estray animals and property taken up adrift, "so soon as the same shall have vested absolutely in any 348 SCHOOL LAW OF INDLA.NA. county," becomes a part of the common school fund of the state. — Board V. State, 92 Ind. 353. 6. Reco\'eey of deductions. The statute of limitations of 1852 does not bar a recovery against a county for misappropriation of funds do- nated by the constitution and laws exclusively to tuition in the common schools ; and the appropriation of any part of it to the payment of officers' fees for collecting or managing the funds is wholly unauthorized, and a violation of a trust which is not in the power of a county to deny. — State V. Board, 90 Ind. 359; Board v. State, 103 Ind. 497; Vanarsdall v. State, 65 Ind. 176. IM. 7. FiKES. A fine for contempt is as much a part of the school fund as any other fine.— Alexander v. State. 9 Ind. 337; Swift v. State, 63 Ind. 81. 8. Escheat. The provisions of the constitution (vith reference to escheats are not self-exacting; and money paid into the state treasury for want of heirs under § 1:411 to § 24J5, R. S. 1881; R. S. 1894, § 2622; R. S. 1897, § 2618, does not escheat.— State v. Meyer, 63 Ind. 33. 9. Belongs to inhabitants. The school law does not conflict with the act of congress granting the sixteenth section in the several congres- sional townships in the state to the inhabitants of such townships for the use of schools. — Quick v. Springfield Township, 7 Ind. 636 ; State v. Spring- field Township, 6 Ind. 83 ; Quick v. Whitewater Township, 7 Ind. 570 ; Dag- gett V. Bouewitz, 107 Ind. 276. 10. LiQuoE LICENSE FEES. Liquor license fees belong to the county, there to be wholly expended for tuition purposes, and not to the perma- nent common school fund of the state.— R. S. 1881, § 5316; R. S. 1901, § 7626 ; R. S. 1897, § 7626 ; State v. Forkner, 70 Ind. 241. 11. Mandate. Mandate lies to compel the proper application of the funds. — State v. Cooprider, 96 Ind. 279. 12. Pkopeets: found on dead bodies. The proceeds of effects found by the coroner on the bodies of dead persons do not belong to the common school fund, but go to the support of the common schools of the county, and an action to coinpel its proper application can not be prosecuted on the relation of the attorney-general. — State v. Board of Commissioners, 85 Ind. 489. IS. Lotteeies. Lotteries, in aid of schools, and gift exhibitions are illegal.— Whitney v. State, 10 Ind. 404. 14. Tax penalty. The provision of the tax law (R. S. 1881, §6339; R. S. J 901, § 8465; R. S. 1897, § 8995), inflicting a penalty for a false tax list and turning the penalty into the county treasury for the use of the county, instead of for the school fund, is constitutional. — Burgh v. State, 108 Ind. 132. 15. Sale of escheated lands. Sale of escheated and other lands and transfer of proceeds to permanent school fund by auditor of state. [See acts 1889, p. 309, § 9.] An act of 1883 authorized the county commissioners to sell escheat lands. [See acts 1883, p. 79.] 16. Statute of limitations. The statute of limitations does not run against an action to recover school funds. — Board v. State, 106 Ind. 270 ; Board v. State, 106 Ind. 530 ; State v. Board, 90 Ind. 359 ; Board v. State, ]03 Ind. 497, SCHOOL LAW OF INDIANA. 349 [1844, p. 86. Approved and in force January 15, 1844.] 480. Estrays and property adrift. 1. All moneys aris- ing from the sale of estray animals and property taken up adrift, so soon as the same shall have vested absolutely in any county, shall be by the proper officers transferred to the common school fund of the county, and shall be ratably apportioned amongst the several school districts [corpora- tions] thereof. (R. S. 1897, § 6012.) 1. In I'okce. The above section is still in force. — Board v. State, 92 Ind. 353. [1865, p. 3. Approved and in force March 6, 1865.] 481. Counties liable. 3. The several counties of this state shall be held liable for the preservation of so much of said fund as is intrusted or may have been intrusted to them, and for the payment of the annual interest thereon, at the rate established by law, the payment of which inter- est shall be full and complete every year, and shall so ap- pear in the auditor's report to the superintendent of public instruction; and the said superintendent shall, at any time, when he discovers, from the report or otherwise, that there is a deficit in the amount collected, for want of prompt col- lection, or otherwise, direct the attention of the board of county commissioners and the county auditor to the fact, and said board of commissioners are hereby authorized and required to provide for such deficit in their respective counties. (R. S. 1881, § 4326: R. S. 1901, § 5751; R. S. 1897, §6013.) 1. iNiijKEST. This section is designed to carry out the requirements of the constitution (§ 0). The interest on the school funds is at the rate of six per cent. ' 2. Deiicits made v.p. The board of county commissioners is required to maiie up losses to both the principal and interest of the funds, at their June meeting (§ 547), by authorizing the auditor to draw a warrant for the amount of the deficit upon the general fund of the county in favor of the particular school fund found deficient, and upon failure of the board so to act they become liable to an action in the name of the state upon the relation of the superintendent of public instruction, who may notify the proper prosecuting attorney to bring such action. 350 SCHOOL LAW OF INDIANA. 3. Attorney-genebal as relator. When suit is brought by the state to re(«ver any part of its coinnion schoo? fund, tlie attorney-general is a proper officer to bring such suit, and is a proper relator therein. — Board V. State, 92 lud. 353 ; State v. Board, 5 Ind. App. 220, 4. Attorney's fees. A county may, and it is its duty, to employ an attorney to protect the school fund ; but it can not pay him out of that fund: it must pay him out of the general comity fund.- — Board v. State, ne. Ind. 329. 5. CouiNTY f J ABLE. Tile scliool fuud is intrusted to the county, and it is charged with the amount it receives ; if loss occurs the county has to make that loss good ; and if the money is not loaned the county is charge- able with the interest thereon, and must pay it; when this is done the obligation of the county has been fully met. It never was the intention of the franiers of the constitution that the school fund should be enhanced at the expense of the county, but simply that the fund should be preserved intact,. and the inte^rest annually paid. — Board v. State, 122 Ind. 333; Davee V. State, 7 Ind. App. Tl ; State v. Board, ~) Ind. App. 220. 6. Diversion of funds. If money, instead of being added to the per- manent school fund of the county, has been applied to other purposes for the beiielit of the county, it is a virtual conversion of the money to the use of the county, and the attorney-general may file an account before the board of county commissioners, demanding that it be receipted back into the county treasury.-— State v. Board, 5 Ind. App. 220. 7. Mandami's. Mandamus is not the proper remedj^ to recover funds due from the county to the school fund. — State v. ISoard, 5 Ind. App. 220. 482. Account of fund. 151. The county auditors of the several counties of this state shall, immediately upon the taking effect of this act, open an account upon their books with each of the congressional townships of their respective counties whose funds are managed by them, and transfer to such account from the common school fund account the principal of the congressional township fund, as it existed before its consolidation with the common school fund, and shall thereafter keep a separate account of the principal and interest of the congressional township fund of each township. (R. S. 1881, § 4327: U. S. 1901, § 5752; R. S. 1897, § 6014.) 1. Separation of funds. This section requires the separation of the congressional township fund from the counnon school fund, with which it had been consolidiited by the school law of 1S52 in accordance with the con- stitution (§ 1). But the courts have held that the proceeds of the sale of the school sections could not be diverted from the use of the inhabitants of the congressional townships, to whom they had been granted by the SCHOOL LAW OF INDIANA. 351 United Stales.— State v. Springtielcl Tp., 6 Ind. 83; same, 22 How. U. S. 56; Quick v. Wliitewater Tp., 7 Ind. 570; Quicli v. Springfield Tp., 7 Ind. 636. 2. Procekds of la?tto) U. S. 792. [1873, p. 79. Approved and in force March 7, 1873.] 483. Custody of lands — Report of income. 44. The cus- tody and care of all lands belonging to the congressional township fund shall be with the trustee of the civil town- ship in which the same shall be situated; who shall report, annually, to the auditor, by the fourth Monday in March, the annual income derived therefrom, to the township. And the report shall embrace a fully itemized statement of his rent account of such lands; to whom and for what amount the same was rented to each tenant; and whether the rents have been collected or not ; and if any portion has not been collected, he should state fully the reasons why the same has not been collected. Any trustee who has here- tofore failed and neglected to so report shall embrace in his first report such itemized statement and showing for each preceding year not so reported, whether by himself or his predecessors; and the amount of school funds for any year, to which such township might otherwise be entitled, shall be withheld, and not paid over to such trustee, if the rental value of such lands for such terms shall equal or ex- ceed the township's otherwise portion of the school fund; and it shall be the duty of such trustee to pay into the county treasury all rents collected and reported by him as aforesaid. (K. S. 1881, § 4328; R. S. 1901, § 5753; R. S. 1897, § 6015.) 1. Rekts DisTRiiiUTEP. The rents of school lands shall be paid into the county treasury, to be distributed by the auditor together with, and in the same manner as, the interest on the congressional township fund. And a township trustee who fails to pay the rents into the county treasury, as therein required, is, with his county, liable on his bond for the amount, with ten per cent, damages, in a suit in the name of the state on relation 352 SCHOOL LAW OF INDIANA. of the board of commissioners. — Davis v. State, 44 Ind. 38 ; Davis v. In- diana, 94 U. S. (4 Otto) 792. 2. Jltdtcial notice. Courts will not take judicial notice what lands were substituted for the sixteenth section, when that section has been sold and other lands substituted for it. It must be shown that such substituted lands were actually selected by the secretary of the treasury, as required by the statute of the United States.— Peck v. L., N. A. & C. R. R. Co., 101 Ind. 3GG ; Daggett v. Bonewitz, 107 Tnd. 276. 3. The equalization of eevenie among the civil townships by taking into consideration the congressional township revenue is constitutional. — Quick V. Whitewater Township, 7 Ind. 570; City of Lafayette v. Jenner, 10 Ind. 70 ; Adamson v. Auditor, 9 Ind. 174 ; Quick v. Laurel Township. 17 Ind. 344. 4. School lands not subject to assessment foe drains. The con- gressional township lands in this state are not subject to assessments in aid of construction of public ditches or drains. — Edgerton v. Huntington School Township, 126 Ind. 261. . 5. Where lands were selected by the secretary of the treasury FOR SCHOOL PURPOSES, uuder act of congress of May 20, 1826, the title vested in the inhabitants of that congressional township, and a cause of action to recover the possession of the lands from one holding them adversely ac- crued at that time. The fact that the claimant entered into possession of the land while the title was in the U. S. did not prevent his holding from becoming adverse to the townshii) so soon as the title vested in it. — Hargis V. Inhabitants, etc., 29 Ind. 70. [1865, p. 3. Approved and in force March 6, 1865.] 484. Leasing lands. 45. He shall have power, when directed so to do by a vote, or by the written direction of a majority of the voters of the congressional township to which the same belongs, to lease such lands for any term not exceeding seven years, reserving rents, payable in money, property, or improvements upon the land, as may be direct- ed by a^najority of such voters. (E. S. 1881, § 4329; R. S. 1901, § 5754; E. S. 1897, § 6016.) 1. Voters. The voters here intended are such persons as are entitled to vote at general and tov>^nship elections, as defined in the constitution (R. S. 1881, § 84; R. S. 1901, § 84 ; R. S. 1897, § 84). As the law does not provide how such vote shall be taken, a petition is the better mode of pro- cedure. If signed by a majority of the voters of the township the trustee is bound to comply with it. — Anderson v. Prairie School Tp., 1 Ind. App. 34. 2. Power op township trustee. A township trustee has no power to lease the lands belonging to a congressional township, unless the voters of such township direct their leasing ; and a tenant taking a lease without SCHOOL LAW OF INDIANA. 353 such directions liaving been given, does so at his peril. — Anderson v. Prairie Tp., 1 Ind. App. 34. 3. Authority to jxcur debts. No authority is given township trus- tees to incur debts in improving school lands. — Anderson v. Prairie School Tp., I Ind. App. .3-1. 4. Contract — Condition precedents. Wherever the authority of a trustee to bind his corporation by contract depends upon precedent con- ditions, one who seeks to establish rights under such contract must show affirmatively that all of the antecedent requirements were strictly com- plied with. — Anderson v. Prairie School Tp., 1 Ind. App. 34. 485. Divided school section. 46. When the sixteenth section, or the section which may be granted in lien thereof, shall be divided by a county or civil township line, or where the substituted section lies in any other county in the state, the voters of the congressional township to which the same belongs shall designate, by vote or by the written direction of a majority, the trustee of one of the civil townships in- cluding a part of said section, to have the care and cust-^dy of said section, and to carry out the directions of the voters of the township in relation thereto; and the trustee so des- ignated shall have the same powers and perform the same duties as if the entire section was situated within the limits of the civil township, and receive from the county treasurer the revenue derived from funds accrued from said sale. (R. S. 1881, § 4330; R. S. 1901, § 5755; R. S. 1897, § 6017.) 486. Boundaries of townships. 148. The county com- missioners of each county are required to conform the boun- dary of their civil townships to those of congressional townships, so far as it is practicable to do so. (R. S. 1881, § 4331; R. S. 1901, § 5756; R. S. 1897, § 6018.) [1877, S. p. 66. Approved and in force March 12, 1877.] 487. School township, wh^n county lines divide. 1. Where county lines divide a congressional township, the proper officer in the county in which the congressional school lands are situated, or would be situated if unsold, shall control such lands and the funds arising the"refrom, as 354 SCHOOL LAW OF INDIANA. in this act is provided. (R. S. 1881, § 4332; R. S. 1901, § 5757; E. S. 1897, § 6019.) 488. Auditor's statement as to children. 2. When the enumeration is made of children, under the school laws, the auditor of each county shall furnish to the auditor of the other a statement showing- the number of children in each congressional township; and to enable him to do this cor- rectly, the person or officer making the enumeration shall correctly state the number of children in the congressional township so divided by county lines. (R. S. 1881, § 4333; R. S. 1901, § 5758; R. S. 1897, "^§ 6020.) Auditor's duty. 3. The auditor of the county hav^ ing control of the fund shall open an account with the other county as to each congressional township, and credit said other county with all money on hand, all securities for lands sold, and, if any lands be unsold, with the proceeds when sold; and, from time to time, as money comes in, shall credit such county with such money — that is to say, shall divide such money pro rata on the basis of such enumeration and enter the credit; and shall pay over such money, be it little or much, to the treasurer of such other county, file his receipt with the auditor and take a quietus, and so continue imtil the whole portion due such other county is paid over. Such pa^anents shall be made quarterly, to correspond with the fiscal year. (R. S. 1381, § 4334; R. S. 1901, § 5759; R. S. 1897, § 6021.) 1. AtroiTOE BOBKOwi?^G. Ill Ware v. State, 74 Ind. 181, it was held that a loan made by the auditor oi' a county to himself was void, but this was so modified in Stale v. lievi. 09 Ind. 77, as to make the mortgage valid or invalid at the option of those having a supervisory control over such fund. Such mortgage remains a subsisting security for the loan against the mortgagor or his residue, for value, and without notice, notwithstand- ing the reimbursement of the school fund out of the county revenues. — State V. Greene, 101 Ind. 5b'2, The .iudgment of foreclosure bore the same rate of interest as the mortgage (Stockwell v. State, 101 Ind. 1) ; but this rate was modified by the act approved February 17, 1893. See p. 41, acts 189*3; R. S. 1901, § 5796; R. S. 1897, § 6058. 2. Auditor boerowtng. A countj' auditor can not lawfully both lend SCHOOL LAW OF INDIANA. 355 and borrow from the school fund, and loans so made and mortgages so ex- ecuted are without authority' of law. — State v. Greene, 101 Ind. 532. 490. Account and distribution. 4. Such auditor to the county controlling such lands and fund shall also open an account with such lands and with the township in his own county divided by county line, and shall debit and credit such accounts as he receives money or securities from sales or collections from lands forfeited and resold, and all ex- penses in ful] and regular order of entry and accounting, so he can tell, at any time, the condition of the lands, funds and securities. He shall collect in, as fast as possible, all moneys outstanding, make proper distribution as per enu- meration, and credit the proper account in said county, and continue to pay over to the other county, as above provided, until each county has its proper proportion of said funds. (R. S. 1881, § 4335; R. S. 1901, § 5760; R. S. 1897, § 6022.) 491. Duties of the other auditor. 5. The auditor of such other county shall open an account with the proper town- ship in his county, and credit such fund as fast as received; and, when in sufficient amount, shall loan the same as now required by law. Both auditors shall make a statement of the condition of the fund annually, at the end of the proper fiscal year, and file one copy with ilie superintendent of pub- lic instruction, lay one before the county commissioners (which latter shall be spread upon their record), and both shall be sworn to by the auditor. (R. S. 1881, § 4336; R. S. 1901, § 5761 ; R. S. 1897, § 6023. ) 492. Account — Re-adjustment. 6. The process contem- plated by this act shall continue so long as any lands re- main unsold, or any securities are uncollected, and until each county shall have become possessed of its proper share of such fund in money, when the accounts here required to be kept shall be closed and reported as aforesaid: Pro- vided, That in the year 1890, and every two years there- after, there shall be a readjustment of said fund belonging to such congressional township, upon the basis of the num- [26] 356 SCHOOL LA.W OF INDIANA, ber of children enumerated in each part of such congres- sional township, as hereinbefore provided; and the auditor having a surplus of such fund, according to such basis, shall pay to the treasurer of the count^^ interested the amount of money due said county upon the per capita basis then exist- ing. For the services here provided for, the auditor shall be allowed the same fees for records, certificates and other labor, as is allowed by law for other similar services. (R. S. 1881, § 4337; R. S. 1901, § 5762; R. S. 1897, § 6024.) 1. Tlie andUor's lee inust be paid out of the general fund of the county. — Hanlon v. Board, 53 Ind. 123. [1867, p. 3. Approved and in force March 6, 1865.] 493. Power of trustee. 47. The proper trustee shall have all the rights and powers of a landlord, in his official name, in coercing fulfillment of contracts relating to such lands, and preventing waste or damage, or for the recovery of the same when committed. (R. S. 1881, § 4338; R. S. 1901, §5763;R.S. 1897, § 6025.) 494. Sale of school lands. 48. At any time when five voters of any congressional township shall, by petition to the trustee having charge of the school lands belonging to such township, set forth their desire for the sale of all or any part of the school land, the trustee shall give public notice, in five public places in such township, of the time and place in such township when and where balloting will be had to determine whether the lands shall be sold as pe- titioned for or not; which notice shall be given at least twenty days before the time specified therein. (R. S. 1881, § 4339; R. S. 1901, § 5764; R. S. 1897, § 6026.) 1. When PEriTiojsr necessary, A petition is only necessary where land is sold the first time, and is not necessary where it is sold to recover the purchase money.- — McPheters v. Wright, 110 Ind. 519. 2. I'uLJLic DITCH. Congressional township laud can not be assessed for the construction of a public ditch. — Edgerton v. Huntjngton School Tp., 126 Ind. 261. 495. Proceedings to sell. 49. A copy of such petition shall be entered on the book containing the record of the SCflOOt LAW OF lISTDIANA. 357 proceedings of such trustee; and his action thereon shall, also, be recorded. (R. S. 1881, § 4740; R. S. 1901, § 5765; R. S. 1897, § 6027.) 496. Ballots. 50. If a voter favor the sale of such lands, he shall write on his ballot the word ' ' sale ; " if he opposes the sale, he shall write the words "no sale." (R. S. 1881, § 4341; R. S. 1901, § 5766; R. S. 1897, § 6028.) 497. Results of election. 51. No sale shall be allowed unless a majority of all the votes cast at such election shall be in favor of such sale; nor unless the number of votes constituting such majority shall exceed fifteen. (R. S. 1881, § 4342, R. S. 1901, § 5767; R. S. 1897, § 6029.) 498. Certificate of vote. 52. The trustee shall attend at the time and place specified, and shall make out a certificate showing the number of votes given for and against the sale; which shall be signed by him and filed in his office; and he shall enter the same upon his record-book. (R. S. 1881, § 4343; R. S. 1901, § 5768; R. S.1897, § 6030.) 499. Trustee's duty. 53. Said trustee, if satisfied that a majority of all, and more than fifteen, voters have voted for such sale, shall enter the same on his record-book, and proceed — ^irst. To divide the lands, so voted to be sold, into such lots as will secure the best price. Second. To affix a minimum price to each lot, not less than one dollar and twenty-five cents per acre, below which it shall not be sold. Third. To certify such division and appraisement to the proper county auditor, together with a copy of all his pro- ceedings in relation to the sale of said lands. (R. S. 1881, § 4344; R. S. 1901, § 5769; R. S. 1897, § 6031.) 1- Wheke petition was not necessary. When school laud which was sold iu 1S47, and for non-payment of taxes on the purchase-money was again sold in 1883, four weeks' notice of the latter sale was sufficient un- der the law then in force, and no petition from the voters of the town- sliip was necessary, such petition being required oidy when the land is first offered for sale.— McPheters v. Wright, 110 Ind. 519. 358 SCHOOL LAW 01' INDIANA. 500. Order and conduct of sale — Fee. 54. Such certifi- cate and return shall, by such auditor, be laid before the board of county commissioners, at their first meeting there- after; and said board, if satisfied that the requirements of the law have been substantially complied with, shall direct such lands to be sold; which sale shall be conducted as fol- lows: First. It shall be made by the auditor and treasurer. Second. Four weeks' notice of the same shall be given, by posting notices thereof in three public places of the town- ship where the land is situated, and at the court house door, and by publication in a newspaper printed in said county, if any — otherwise, in a newspaper of any county in the state situated nearest thereto. The sale shall be made by the au- ditor, at public auction, at the door of the court house of the county in which the land is situated, and the treasurer shall take an account thereof; and each of said officers, for making such sale, shall receive a fee of one dollar, to be paid by the purchaser. (R. S. 1881, § 4335; R. S. 1901, § 5770; R. S. 1897, § 6032.) 1. Bo.'vKD MUST ACT. ff tile law has been complied with the board may be compelled by writ of mandate to order tlie sale. The order may be made at a special session. The land can not be sold below the appraised value, of which the purchaser must take notice. 2. PuiiLic SALE, '['he sale must be made at the door of the court house of tl\e proper county, at public au.ction. A private sale is illegal. — McPheters v. Wright, 1.10 lud. 51'J. [1875, p. 134. Approved and in force March 9, 1875.] 501. Terms of sale — Timber. 55. One-fourth of the purchase-money shalJ be i^aid in hand and the interest for the .residue for one year in advance, and the residue in ten years from such sale, with like interest annually in advance ; and deferred payments shall be regarded as a part of the congressional township school fund, and reported as such by the auditor to the superintendent of public instruction: Provided, That when one-fourth part or more of the value of the lands so sold, at the time of such sale, shall consist of SCHOOL LAW OF INDIANA. 359 the timber growing thereon, the terms of sale in such ease may be as follows, viz. : At least one-half of the purchase- money cash in hand, and interest for the residue for one year in advance, and the residue in annual payments in not exceeding ten years from such sale, with like interest an- nually in advance; and in such case the terms of sale shall be set forth in the notice provided for in the preceding sec- tion: And provided further. That whenever the purchaser of any such land shall be proceeding to cut or remove, or threaten to cut or remove, from such lands, so sold, timber growing or being thereon, to such an extent that the land, after the cutting or removal of such timber, shall not be equal in value to the amount of purchase-money, with in- terest then remaining unpaid, it shall be the duty of the trustee of the civil township in which such land is situated (and he is hereby authorized and empowered) to commence and maintain an action, in the name of such township, in the circuit court of the county, to restrain and enjoin the fur- ther cutting or removal of such timber. (E,. S. 1881, § 4346; R. S. 1901, § 5771; R. S. 1897, § 6033.) 1. County liablk for interest. The county is chargeable with in- terest on the entire amount of the price of the land, and the default of a purchaser of the laud in paying deferred installments, and its conse- quent forfeiture of the lanO to the school fund, does not relieve the county of liability for interest on the full amount. — Roard of Commissioners v. State, 120 Ind. M2. 2. Injunction. It is the duty of the prosecuting attorney to bring the suit for an injunction, at the request of the trustee. — Baldwin, Atty.- Gen. [1865, p. 3. Approved and in force March 6, 1865.] 502. Forfeiture— Resale. 56. On failure to pay such annual interest when it becomes due, the contract shall be- come forfeited, and the land shall immediately revert to the township; and the auditor and treasurer shall proceed, forthwith, again to sell the same, in like manner and on the terms above specified. If, on such second sale, such land shall produce more than sufficient to pay the sum owing therefor, with interest and costs, and five per cent, damages. 360 SCHOOL LAW OF INDIANA. the residue shall, when collected, be paid over to the pur- chaser or his legal representative. (R. S. 1881, § 4347; R. S. 1901, § 5772; R. S. 1897, § 6034.) 1. Effect of poi:feiture — Sukplus. A forfeiture under this section does not divert tlie title of the purchaser to the real estate, but simply au- thorizes the state to sell the real estate for its own reimbursement, the sur- plus going to the purchaser. — McPheters \. Wright, 124 Ind. 560. 2. KEU?:MPTroN. A purchaser of school lands having made default in the payment of interest on the purchase, the lands were resold. By the law in force at the time of the purchase, a defaulting purchaser had a right to redeem within one year after the sale; by that in force at the time of the sale and at the time of the default a delinquent purchaser could re- deem at any time before the sale, butsuot after. It was decided that the right to redeem was governed by the latter law. — Moor v. Seaton, 31 Ind. 11. 3. PETiTioN. No petition to sell is required under the above section. — McPheters v. Wright. 110 Ind. 519. 4. Note. Concerning the superseding of tlie above section by section 565, see Board v. State, 122 Ind. 342. 5. Damages. The damages mentioned in this section belong to the fund from which the loan was made. — Baldwin, Atty.-Gen. 6. Overplus. A purchaser who forfeits his land is not entitled to any overplus which may result on a subsequent sale of the land by the state. — Michener, Atty.-Gen. 503. Forfeiture, how prevented. 57. At any time be- fore the sale, payment of the interest due and all costs, to- gether with two per centum damages on the principal sum and interest due and owing for said land, shall prevent such sale and revive the original contract. (R. S. 1881, § 4348: R. S. 1901, § 5773; R. S. 1897, § 6035.) 504. Forfeiture — Liability for waste. 58. In case of such forfeiture, the original purchaser may be sued for waste or unnecessary injury done to such land. (R. S. 1881, § 4349; R. S. 1901, § 5774; R. S. 1897, § 6036.) 505. Suit for waste. 59. Such suit shall be prosecuted by the auditor, in the name of the state, for the use of the proper congressional township. (R. S. 1881, § 4350; R. S. 1901, § 5775; R. S. 1897, § 6037.) 506. Private sale. 60. When any land offered for sale at public auction shall remain unsold, the county auditor may dispose of the same at private sale for the best price SCHOOL LAW OF IISDIANA. 361 that can be had therefor, not being less than the minimum price affixed thereto. (R. S. 1881, § 4351; R. S. 1901, § 5778; R. S. 1897, § 6040.) 1. When sale adthcrized. This section authorizes a private sale only where the land has been orfered for =3ale at public auction and re- mains unsold. — McPheters v. Wright, 110 Ind. 519. 507. Reappraisement. 61. After the expiration of the term of four years after any appraisement and offer for sale of any lands in this state belonging to any township for school purposes, and such lands remain unsold,, it shall be lawful to reappraise, sell and dispose of said lands in the same manner that they would have been had such lands not been previously offered for sale: Provided, however. That such appraised value shall not be below the minimum price now fixed by law. (R. S. 1881, § 4352; R. g. 1901, § 5779; R. S. 1897, § 6041.) [1883 p. 75. Approved and in force March 3, 1883.] 508. Advertisement of funds. 1. Whenever, in any county of the state of Indiana, the school fund, or any part of the school fimd, apportioned to such county to be loaned out, remains unloaned, it shall be the duty of the auditor of said county to advertise, in the months of January, April, July and October, for three consecutive weeks, in a weekly newspaper published in said countj'^, that such amount of school fund remains unloaned, and that applicants for loans can secure the same by applying at his office and fulfillmg the requirements of the law under which he is authorized to loan out the school fund. (R. S. 1901, § 5809; R. S. 1897, § 6063.) [1883, p. 79. Approved and in force March 3, 1883.] 509. Reappraisement of forfeited lands. 1. All lands which have become forfeited and have reverted, or may hereafter be forfeited and revert to the various townships in the several counties of this state, for failure to pay the interest or principal of the amount due thereon to the school 362 SCHOOL LAW OF INDIANA. fund, and which have remained or hereafter remain unsold for the period of three years, by reason of the amount due thereon being in excess of the values of said lands, may be reappraised and sold for a sum not less than said reap- praised value thereof; and such, reappraisement and sale to be made in the same manner and upon the same terms and conditions as is now prescribed by law for the appraisement md sale of such lands, (R. S. 1901, § 5776; R. S. 1897, § 6038.) 1. To WHAT i^isTD APPLiABi-E. This sectioii relates to the sale of con- gressional township lands, and it bas no reference to the right of the county to be reimbursed for niterest paid on loans ont of the proceeds of a sale under a mortgage after the principal has lieen paid to the state. — Board v. State, 122 Ind. 3?^^. 510. Appropriation by commissioners. 2. Upon the sale of such lands as provided for in the preceding section of this act, the board of county commissioners of the several counties in which said lands are situated may make an ap- propriation, from the general county funds, a sum equal to the difference between the amount for which said lands shall have been forfeited and the amount for which such lands shall have last sold; said sum appropriated to be placed to the credit of the proper fund and loaned as other school funds are loaned. (R. S. 1901, § 5777; R. S. 1897, § 6039.) - ;; 1. Mandatory. This section is niandatory, for the reason that the county is liable for all dehcits in the funds intrusted to its care. — Board V. State, 122 Ind. 333. 511. Certificate of purchase. 62. A certified statment of such sale shall be made and signed by the auditor, and, being first recorded by such auditor in the records of the board of county commissioners, shall be delivered to the purchaser when he makes his first payment, and shall en- title him to a deed when the terms of such purchase shall have been fully complied with. (R. S. 1881, § 4353; R. S. 1901, § 5780; R. S. 1897, § 6042.) 1. Judgment, no lien. A .judgment is no lien on land held by a cer- tificate issued under this section. — .Jeffries v. Sherburn, 21 Ind. 112. See Bell V. Corbin, 136 Ind. 269. SCHOOL LAW OF INDIANA. 363 512. Rights of purchaser. 63. Every purchaser, until forfeiture, shall be entitled to all the rights of possession before existing in such trustee or township, and to all rights and remedies for rents becoming due or breaches- of cove- nant occurring after his purchase under any lease existing at the time of his purchase, and for all waste committed thereafter. (R. S. 1881, § 4354; R. S. 1901, § 5781; R. S. 1897, § 6043.) 1. Estoppel. When the inhabitauts of a township had received a part of the purchase money of school lands, and interest for several years on the balance, and expended the money for the purposes contemplated by the grant, and the purchaser had taken possession and made valuable improvements, it was held that they inust be deemed to have acquiesced in the sale, and that they are estopped to deny its validity. — State v. Stan- ley, 14 Ind. 409. 513. Failure to make first payment — Penalty. 64. A purchaser at such -sale failing to make the first payment as above required shall pay ten per centum on the sum bid, to be recovered by action before any court having jurisdic- tion, to be prosecuted by the county auditor in the name of the state for the use of the proper to.wnship ; and the auditor and treasurer shall be competent witnesses. (R. S. 1881, § 4355; R. S. 1901, § 5782; R. S. 1897, § 6044.) 1. Tfi^dee oj? deed. In a suit to recover the final installment of pur- chase money, a deed should be first made and tendered. — Johnson v. State, 74 Ind. 5SS. 514. Assignment. 65. No assignment of a certificate shall be valid unless acknowledged before some officer au- thorized to take acknowledgments of deeds or before the county auditor, who shall, in all such cases, record the same. Assignments of certificates heretofore made before any offi- cer authorized to take acknowledgments of deeds, when re- corded, shall be as valid as if acknowledged before the county auditor. (R. S'. 1881, § 4356; R. S. 1901, § 5783; R. S. 1897, § 6045.) 864 SCHOOL- LAW 01' IJTDiANA. 11863, p. 11. Approved February 27. 1863, and in force October 10, 1863.] 515. Defective assignments — Proceedings. 1. When- ever the certificate of the school commissioner or auditor of any county of this state, issued for land sold, has been as- signed by any person without a proper acknowledgment before the county auditor or other proper officer, or assigned by delivery, and such assignor is deceased, any assignee of such certificate, claiming title to the land described there- in, may file his complaint in the proper circuit court, mak- ing the county auditor and- the heirs of such deceased as- signor parties thereto. If it shall be proved to the satis- faction of the court that the plaintiff, or any party to the cause, is the equitable owner of the land, and the purchase money has been fully paid to the school fund, the court shall direct the auditor to execute a proper conveyance to the plaintiff or other parties entitled thereto, although the cer- tificate has not -been properly assigned or the assignment thereof properly acknowledged by the decedent. All other persons claiming any interest in the land may, on their ap- plication, be made parties and heard in the case. The au- ditor shall execute a conveyance, according to the directions of the court; and such conveyance shall vest in the grantee the title of said land as fully and to all intents and pur- poses as if the certificate had been legally assigned and the assignment properly acknowledged. (R. S. 1881, § 5357; R. S. 1901, § 5784; R. S. 1897, § 6046.) [1865, p. 3. Approved and in force March 6, 1865.] 516. Loan of purchase money. 66. When the residue of the purchase money becomes due, the purchaser may retain the same as a loan for a term not exceeding three years, on payment, annually made in advance, of the interest thereon, at the rate then established by law for the loans of such funds; but he shall receive no deed until full payment is made. (R. S. 1881, § 4358; R. S. 1901, § 4785; R. S. 1897, § 6047.) SCHOOL LAW OF INDIANA. 365 517. "Payments. 67. Purchasers may, at any time be- fore due, pay a part or the whole of such purchase money. (R. S. 1881, § 4359; E. S. 1901, § 5786; R. S. 1897, § 6048.) 518. Lost certificate. 68. "When any such certificate shall be lost before a deed be made, on proof thereof by affidavit of the person interested, or other competent testi- mony, to be filed with the county auditor, and after three months' notice of intention to apply for a new certificate, given in some newspaper printed nearest to where the land lies, such auditor may issue the same to the person entitled thereto. (R. S. 1881, § 4360; R. g. 1901, § 5787; R. S. 1897, § 6049.) 1. Lost certificate. If a certificate be lost a new one may be issued to the purchaser, even to a grantee of Ine purchaser. — Hiukle v. Margerum, 50 Ind. 240, 241. 519. Purchase money, wbere paid. 69. The purchase money and interest, and all costs and damages above pro- vided for, shall be paid to the treasurer of the proper coun- ty, and his receipt therefor filed, by the person paying, with the county auditor, who shall issue his quietus therefor. (R. S. 1881, § 4361; R. S. 1901, § 5788; R. S. 1897, § 6050.) 520. Duty of auditor. 70. AVhen such payment is in completion of any contract of sale, the amount of such re- ceipt shall be indorsed by the county auditor on the cer- tificate of purchase. (R. S. 1881, § 4362; R. S. 1901, § 5789; R. S. 1897, § 6051.) 521. Deed. 71. On full payment for such land a deed shall be issued by the county auditor, and entered upon the record-book of the board of county commissioners. (R. S. 1S81, § 4363; R. S. 1901, § 5790; R. S. 1897, § 6052.) I. Emtrt on record. The deed, before delivery, must be entered on the record-book of the county commissioners. — Arnold v. GalT, 58 Ind. 543. [1877, p. 139. Approved and in force February 8. 1877.J 522. Sale — Legalization. 1. In all cases where school lands have been sold and certificate has either been issued 366 SCHOOL LAW OF INDIANA. to tlie purchaser or entered of record in the proper office, or otherwise, so the purchaser entered into possession and paid part oi' Hie whole of the purchase money, or could have en- tered into occupancy, such sale shall be deemed and held a sale under the law, as much as it would be had a deed been made and delivered and the fee had been passed to the purchaser; and such lands shall be deemed and held as having been sold, so as to make them liable to taxation, with- in the meaning of the law, as fully and completely as they would have been had a deed been delivered. All appraise- ments of lands so sold, and all assessments of the same for taxes, and all levies and collections of taxes thereon, here- tofore made, are hereby legalized and declared to be law- ful and valid, and shall in nowise be subject to question by reason of such sale not having been consummated by ex- ecution and delivery of deed. (R. S'. 1881, § 4364; R. S. 1901, § 5791; R. S. 1897, § 6053.) [1865, p. 3. Approved and in force March 6, 1865.] 523. Title, when complete. 72. Such deed shall be ex- ecuted and acknowledged, at the cost of the grantee, by the county auditor, as in other cases ; and, thus executed and de- livered, shall vest in the grantee, his heirs and assigns, for- ever, a complete title to the land. (R. S. 1881, § 4365; R. S. 1901, § 5792; R. S. 1897, § 6054.) 524. Sale had without vote. 73. The voters of any con- gressional township may, in the absence of a vote to sell land, and in lieu thereof, petition the trustee of the town- ship for such sale. Such petition, if signed by a majority of all the voters of the township, shall be filed with the county auditor, and the same proceeding shall be had as provided in section 54 [§ 500], upon a vote of the inhabitants of the township for such sale. Such petition and certificate shall be recorded in the record-book of the trustee of the town- ship and of the county auditor of the investment of funds held for the benefit of common schools and congressional SCHOOL LAW OF INDIANA. 367 townships. (E. S. 1881, § 4366; R. S. 1901, § 5793; R. S. 1897, § 6055.) 1. Withdrawing signatuke. See section 484. After a petition lias been recorded, persons whose names are signed to it can not withdraw their signature so as to defeat a sale. 525. Compensation on failure of title. 150. When any officer authorized to sell school lands shall have sold any lands without a title thereto, such officer, or his successor in office may convey such other lands of equal value as may he agreed upon hy such officer and the purchaser, his heirs or assigns; or, failing to make such agreement, the purchase money, with interest, shall he repaid to the purchaser, his heirs, executors, administrators or assigns; hut no such pur- chase money shall he thus repaid until the proper prosecut- ing or district attoi*ney shall have investigated the facts of the case and certified to the correctness of the claim. (E. S. 1881, § 4367; E. S. 1901, § 5794; E. S'. 1897, § 6056.) 1. Sales legalized. Sales in unanthorixed subdivisions prior to March 3, 1S55, were legalized. — Acts 1855, p. 144. [1855, p. 49. Approved March 1, 1855, and in force August 17, 1855.] 526. Lands of surplus revenue fund, how sold. 1. Where the surplus revenue fund belonging to common schools, in any count}^ in this state, or any part of such fund, has hy any means become invested or changed into real estate, the hoard of commissioners of such county are hereby author- ized to dispose of the same, by sale, in such manner as may seem best for the interest of the common school fund, and to reinvest the proceeds of such sale in the manner directed by law for the investment of other moneys belonging to the common school fimd. (E. S. 1881, § 4368; E. 'S. 1901, § 5795; E. S. 1897, § 6057.) [189.3, p. 41. Approved and in force February 17, 1893.] 527. Interest —Judgment. 1. The principal of all moneys, whether belonging to the common school fund or to the congressional township school fund, received into the 368 SCHOOL LAW OF INDIANA. county treasury shall be loaned at 6 per cent, per annum, payable annually in advance, and the interest paid out as prescribed by the school law of this state, and not otherwise ; and any judgment upon any note or mortgage for any part of said fund shall bear 6 per cent, interest from the date thereof till the same is paid; and no greater rate of interest than is herein specified shall be exacted or received upon any loan heretofore made at the rate of 8 per cent, per an- num shall, from and after the taking effect of this act, draw 6 per cent, interest per annum, the same as if negotiated under the provisions of this act. (R. S. 1901, § 5796; R. S. 1897, § 6058.) 1. Kepeai.. This act repeals that of March 2, 1SS9 — Acts 1889, p. 81. 2. Interest aiteb maturity. A school fund mortgage draws the same interest after maturity that it does before. — Stockwell v. State, 101 Ind. 1. 3. Rebate. Au agreement to rebate a part of the interest out of the county revenue is void. — Michener, Atty.-lien. [1907, p. 76. Approved February 25, 1907. In force April 10, 1907.] 528. Advertisement of funds. 1. It shall be the duty of the county auditor to publish once each quarter, in a weekly paper of general circulation published in his county, the amount of the common school fund on hand subject to loan: Provided, No such newspaper advertisement shall cost to exceed one dollar and fifty cents. In all cases where there is one thousand dollars in such fund to be loaned, he shall also keep the same continually posted on a bulletin board in a conspicuous place in his office: Provided, That in counties containing a city having a population of ten thousand or more, according to the last preceding United States census, said notice may be published in a daily news- paper of general circulation, but such notice shall not be published more than once in a quarter in such newspaper. 529. County auditor — Penalty. 2. Should the auditor fail to comply with the requirements of this act he shall be deemed guilty of a misdemeanor, and upon conviction there- of shall be fined not less than ten (10) dollars nor more than twenty-five (25) dollars for each offense. SCfiiOOL LAW OF IlSDIANA. 369 [1865, p. 3. Approved and in force March 6, 1865.] 530. Auditor's duty. 75. Such loans shall be made by the county auditor, who shall inform himself of the value of the real estate offered in the mortgage and be satisfied of the validity of the title thereof and all persons applying for a loan shall produce to said auditor title papers, showing to his satisfaction, a good and sufficient title in fee-simple, without incumbrance, [and] not derived from sale for taxes. (R. S. 1881, § 4370; R. S. 1901, § 5797; R. S. 1897, § 6059.) 1. Prior mortgage. The existence of an incumbrance to the knowl- edge of the auditor does not invalidate the mortgage as against the bor- rower.- — Deming v. State, 23 Ind. 41 G. 2. Personal SECv:RiTy. A loan on personal security only, without a mortgage, though a violation of the auditor's duty, is nevertheless binding upon the borrower and the surety. — Scotten v. State, 51 Ind. 52. 3. Loan to himsklf uwlawfx/l. A mortgage executed by a county auditor to secure a loan of a part of the common school fund made to himself is valid or invalid at the option of those having the supervisory control of the fund. The loan is unlawful as against public policy, and is a breach of the auditor's olllcial bond, but the mortgage may, both to the auditor and those claiming under him, be resorted to and enforced as a moans of reimbusing the fund, looking to the auditor and his sureties for any deficiency that may remain after the mortgaged land has been ex- hausted.— State V. Levi, 99 Ind. 77. See also Stockwell v. State, 101 Ind. n ; State v. Greene, 101 Ind. 582 ; and Ware v. State, 74 Ind. 181. 4. Suit to cancel mortgage. A suit can not be maintained against the auditor to cancel a school fund mortgage. — Crooks v. Kennett, 111 Ind. 347 ; Snodgrass v. Morris, 123 Ind. 425. 5. Auditor agent of public. In making a loan a county auditor acts neither for himself nor the borrower, but for the public; he possesses no powers except such as are given by statute; and all persons are bound to take notice of the character in which he acts and his limited powers. — Davee v. State, 7 Ind. App. 71. 531. Appraisement. 76. The auditor shall require three disinterested freeholders of the neighborhood to appraise any land offered in mortgage. (R. S. 1881, § 4371; R. S. 1901, § 5798; R. S. 1897, § 6060.) 532. Duty of appraisers. 77. Such appraisers, being first officially sworn, shall examine and appraise such land, and sign and give to the applicant a certificate, setting forth 370 SCHOOL LAW OF INDIANA. the fair cash value of the land at the time, without taking into consideration perishable improvements. (R, S. 1881, § 4372; E. S. 1901, § 5799; R. S. 1897, § 6061.) [1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 533. Loans outside of county. 78. In making such loans preference shall be given to the inhabitants of the county: Provided, That whenever any of such funds shall have re- mained in the treasury of any county to which the same may belong for a period of three months, without being loaned to any inhabitant of said county, then the auditor of said county may loan the same to any freeholder of any other coimty in Indiana, upon his complying with the law regulat- ing such loans. When the land received as security for any such loan is situated in any county of the state other than the one in which the loan is made, and there is default in the payment of interest or principal, the auditor of the county making the loan shall at once transmit to the auditor of the county where the land is situated a certified copy of the note and mortgage given for the loan, with a statement of such default in payment, and the auditor of such latter county shall, upon such certified copy, at once proceed to enforce the collection of such loan either by suit or sale of the land, as is now provided by law; and, after receiving such certified copy by said auditor, all steps taken, and all proceedings had, with reference to said loan or the land which was mortgaged shall be the same as if the loan had originally been made ouit of the funds belonging to said county; and all money collected or realized upon such loan shall at once, as soon as collected or realized, be paid over to the auditor of the county having made the loan. (R. S. 1894, § 1901; R. S. 1897. § 6062.) 1. Old law. Until this section was enacted a loan could not be made outside of tlie county, although the mortgage given to secure it was valid. — SIvelton V. Bliss, 7 Ind. 77. SCHOOL LAW OF INDIANA. 371 [1901, p. 152. Approved and in force March 7, 1901.] 534. Loan of school and university funds. 1. The prin- cipal of all ]iioneys, whether belonging to the common school fund, the congressional township school fnnd, or the permanent endowment fund, Indiana university, received into the county treasury, shall be loaned at 6 per cent, per annum payable annually at the end of each year from the date of such loan. (R. S. 1901, § 5796a.) 535. Limit of loan. 2. The amount loaned to any per- son or company from the common school fund, the congres- sional township school fund, or the permanent endowment fund, Indiana University, shall not exceed four thousand dollars. (E. S. 1901, § 5796b.) 1. Exceeding limit. Although the amount loaned exceed the amount allowed by this section, yet the loan is valid. — Deming v. State, 28 Ind. 416. [1903, p. 119. Approved and in force February 28, 1903.] 536. Percentage of value of land. 3. The sum loaned shall not exceed one-half the appraised value of the prem- ises proposed to be mortgaged. In all cases where perish- able improvements upon real estate are accepted as a part of the security for any such loan, the real estate and the perishable improvements thereon shall be appraised sepa- rately, and there shall be procured by the borrower a pol- icy, or policies, of fire and tornado insurance issued by a company, or companies, duly authorized by the auditor of state to do business in this state, and such policy or policies shall contain the union mortgage clause in favor of the county wherein such loan is made, and such borrower shall deliver such policy, or policies, of insurance to the auditor of such county and shall keep such improvements insured in the manner aforesaid during the time that such loan is in force. The mortgage securing such loan shall contain the provision that such insurance shall be procured and kept in force as above provided. Upon the failure of said borrower to do so, the auditor shall procure such insurance, [24] 372 SCHOOL LAW OF INDLA.N1. and tlie premium or premiums thereof shall become a part of the debt secured by said mortgage, bearing same rate of interest as the mortgage debt, and the further provision that such mortgage may, upon such default by such bor- rower, be foreclosed. Such insurance shall in all cases be for a sum equivalent to sixty-six and two-thirds per cent, of the appraised value of such portion of said perishable improvements as is accepted as security for any such loan : Provided, That when such premises are situated in a county other than that to which such fund may belong, the sum loaned thereon shall not exceed forty per cent, of the ap- praised value of such premises. [1901, p. 152. Approved and in force March 7, 1901.] . 537. Length of time. 4. No loan shall be made for a longer term than five years, and any borrower of such funds shall have the right to pay not less than ten per cent, of any sum so loaned to him at the end of any year during the maturing of said loan, and shall not be required to pay any interest thereafter on such sum paid. (R. S. 1901, § 5796d.) 538. County may borrow. 5. In any county in this state where the common school fund, congressional town- ship school fund, or the permanent endowment fund, Indi- ana university, or either of said funds, subject to loan by the county auditor, shall accumulate to the amount of one thousand dollars or more, and shall remain unloaned for a period of thirty days or more, and such county shall not have sufficient money in its treasury to pay the debts and obligations then owing by such county, it shall be lawful for such county to borrow and use such unloaned school funds, or any portion thereof, for a period not exceeding five years. (R. S. 1901, § 5796e.) 539. Note of county — County council. 6. Whenever any county council shall determine to borrow and use any such funds under the provisions of this act, such council SCHOOL LAW OF ESTDIANA. 373 shall cause to be entered of record an order specifying the amount of such funds to be borrowed and used, and the time for which such loan shall be made, and shall execute to the state of Indiana, for the use of the said funds, a written obligation signed by the president of said council, specifying the facts under which the same is executed, the sum of money borrowed, and the time when such money shall be repaid to such county. Said obligation shall be de- posited with the auditor of the county, and shall be pre- served by him as mortgages for loans of such funds are kept and preserved; and such auditor shall make the same entries of record in his office respecting such loans as he is required by law to make when loans of such funds are made to private individuals. (R. S. 1901, § 5796f.) 540. Auditor's warrant. 7. On the deposit of such obli- gation with the county auditor, he shall draw his warrant upon the county treasurer, in favor of such county, for the amount of money specified in such order and obligation; and on presentation of such warrant to such treasurer he shall transfer from the principal sum of the common school funds, the congressional township school funds or the per- manent endowment fund, Indiana university, in his hands, subject to loan, to the credit of the county revenue of such county, the amount of such warrants, and such sum shall become a part of the general revenue funds of the county. No county auditor shall act as agent for any person, firm or corporation, either directly or indirectly, during his term of office, in the negotiation of any loan of money, other than in loaning the funds mentioned in this act. 541. Rate of interest. 8. Any county borrowing and using any funds under the provisions of this act, shall be required to pay interest for the use of such funds at the rate of six per cent, per annum. (R. S. 1901, § 5796h.) 542. Payment of loan. 9. On the payment by any county of a loan made under this act, the same proceedings 374 SCHOOL LAW OF INDIANA. shall be had by the county auditor and treasurer as is re- quired by law to be taken and had, so far as entries upon their records are concerned, as when a loan of school funds or state university funds is paid by a private individual, and when such loan is fully paid, and a receipt therefor given by the county treasurer to the county auditor, such auditor shall enter of record a statement showing such payment and shall cancel the obligation given by the county council and file the same for future reference in the arch- ives of his office. (E. S. 1901, § 57961.) 543. Transfer from one county to another. 10. When- ever more than five thousand (5,000) dollars of either of said funds remains unloaned in any county for a period of six (6) months, it shall be the duty of the county auditor to notify the auditor of state of such fact, with the name of the fund to which such unloaned sum belongs, and the amount so unloaned. The auditor of any county having applications for loans beyond the amount of the funds now apportioned to said county shall notify the auditor of state of such fact, and the auditor of state may transfer the un- loaned funds from any county to any other county, credit- ing the county from which the same is transferred with the amount so transferred, and charging the county to which the same is transferred with such amount, and thereafter the county to which such sum is transferred shall account for the interest thereon. (R. S. 1901, § 5796j.) 1. Note. Section 11 repeals all laws in conflict with the ten pre- ceding sections. [1881, p. 99. Approved and in force April 14, 1881.] 544. Certificate as to liens. 1. An applicant for a loan of a part of the common school fund or of the congrea,- sional township school fund shall file with the auditor of the county the certificate of the clerk and recorder of the county that there is no incumbrance on the land offered as a security for the loan in either of said offices : Provided, SCHOOL LAW OF INDIANA. 375 That where the records, books and papers of the clerk's office have been destroyed by fire, the clerk's certificate shall only state the fact and date of such destruction, and that there is no incumbrance on said land appearing from any of the records, books and papers then on file in his office, and that there is no incumbrance on said land in his office of which he has any knowledge. The applicant shall also, in such case, execute to the state of Indiana, for the benefit of the common school fund, a bond with one or more freehold sureties to the approval of the auditor, condi- tioned for the payment of so much of the loan as may be lost by reason of any incumbrance or lien upon the land which was evidenced by the records, books or papers in the clerk's office which have been destroyed. (R. S. 1881, § 4375; R. S. 1901, § 5802; R. S. 1897, § 6065.) 1. Evidence. For the purpose of showing that the law was complied with in making a loan, the certificate of the clerk and. recorder and the affi- davit of the mortgagor are competent evidence to show a compliance with this statute.— Stockweli v. State, 101 Ind. 1. 2. Prior lien. At the time the loan was made there was a prior in- cumbrance on the lands mortgaged, of which fact the auditor had notice by the borrower's affidavit of title, but it was held that the mortgage was valid as against the borrower. — Deivang v. State, 2.3 Ind. 416. 3. Negligence of auditor — Irkegulaeity of loan. A complaint to en- join a sale of land by. a county auditor to satisfy a school fund mortgage, which shows that the plaintiff, after the jnortgage was executed, purchased the land under the foreclosure of a secret vendor's iien antedating the mort- gage, and alleges that the plaintiff, at the time the mortgage was executed, held <\ judgment against the moi-tgagor, but makes no claim of title under that judgment, and alleges further than the auditor in taking the mort- gage failed to require an oath of the mortgagor and a certificate of the clerk and recorder that the land was unincumbered, and also failed to liave the property appraised, as provided by law, is not sufficient to entitle the plaintiff to an injunction oi to avoid the mortgage. — Winstandley v. Crim, 117 Ind. 328. [1865, p. 3. Approved and in force March 6, 1865.] 545. Oath of applicant. 81. Such applicant shall make oath that there is no incumbrance or better claim, that he knows of, and that the abstract of the title presented by 376 SCHOOL LAW or INDIANA. him is, as he believes, a true one. (E. S. 1881, § 4376 ; E. S. 1901, § 5803; E. S. 1897, § 6066.) 1. No AFFIDAVIT. A failure to make the aflidavit does not render the loan void. — Winstandiey v. Crim, 117 Ind. 328. 2. Married woman. Where a married woman, in executing the usual preliminary papers, states that she is the owner ot the land and is also the borrower, she can not thereafter assert that her husband was borrow- ing the money and she was only his surety. — State v. Frazier, 134 Ind. 648; Lloyd V. State, 134 Ind. 506 ; Davee v. State, 7 Ind. App. 71 ; Snodgrass v. Morns, 123 Ind. 425; Trimble v. State, 145 Ind. 154. But if her husband is the borrower, and she makes no declaration in the preliminary papers that she is the borrower, her mortgage on her land for the amount borrowed is invalid.— Welch v. Fisk, 139 Ind. 637. 546. Time of loan. 82. No loan shall be made for a longer term than five years. (E. S. 1881, § 4377 ; E. S. 1901, § 5804; E.S. 1897, § 6067.) [1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 547. Limit of loan. 3. The sum loaned shall not exceed one-half of the appraised value of the premises proposed to be mortgaged, clear of all perishable improvements: Provided, That where such premises are situated in a county other than that which such fund may belong, the sum loaned thereon shall not exceed one-fourth of the ap- praised value of such premises, exclusive of perishable im- provements. Such value to be determined by existing laws of the state of Indiana. It is hereby made the duty of the board of commissioners of each county in this state, at their first regular session after the taking effect of this act, to ap- point in each commissioner's district of the county three reputable freeholders, any two of whom, without the con- currence of the third, may act as school fund appraisers, whose duty it shall be upon oath to make all the appraise- ments of lands in their respective districts, required in this act or in the act of which this is amendatory. Said ap- praisers, or any of them, may be removed and new ones appointed by said board at any regular or special session, and in case any of such appraisers is at any time disquali- SCflOOL LAW OF INDIANA. 377 fied, by reason of kinship or interest, from acting, the ap- praisement shall be made by the other appraisers, who, in case of a disagreement, shall select a third appraiser. Said appraiser shall receive the same compensation for making each appraisement, and be paid in the same manner as such appraisers are now paid. (E. S. 1901, § 5805; E. S. 1897, § 6068.) 1. See sectioD 535 in regard to limit of loan. The act of 1901 prevails. [1865, p. 3. Approved and in force March 6, 1865.] 548. Acknowledgments and oaths. 84. The auditor shall have the power to administer all oaths and take all acknowledgments required by this act. (E. S. 1881, § 4379; E. S. 1901, § 5806; E. S. 1897, § 6069.) 549. Record of mortgages — Priority. 85. Mortgages taken for such loans shall be considered of record from the date thereof, and shall have priority of all mortgages or conveyances not previously recorded, and all other liens not previously incurred, in the county where the land lies. (E. S. 1881, § 4380; E. S. 1901, § 5807; E. S. 1897, § 6070.) 1. Lien wixuout kecord. A school fund mortgage is a lien upon the land as to subsequent purchasers without being recorded. — West v. Wright, 98 Ind. 335 ; Deming v. State, 23 Ind. 416. 2. Parties holding or claiming through the mortgagor in a school fund mortgage are bound to take notice of the mortgage, though not re- corded. A school fund mortgage is not void as to the state because the county auditor has made the loan to himself. Such mortgage draws the same interest after foreclosure as before maturity. — Stockwell v. State, 101 Ind. 1. 3. Tax title subject to moutgage. The purchaser and grantee of real estate, under the tax deed, takes his title to such real estate under the provisions of R. S. 1901. § 8623 ; R. S. 1897, § 9158, and subject to all the claims which the state may have thereon for taxes, or other liens or in- cumbrances, such as a mortgage executed thereon to the state, as a security for tlie payment of a loan to the school fund, prior to such tax sale and the execution of sucli tax deed. This is so, although the taxes for which the real estate was sold, had been assessed and delinquent before the execution of such school fund mortgage. — State v. Wasson, 95 Ind. 175. So a sale of lands for taxes which accrued after the execution of a school fund mortgage is subject. to the mortgage lien. — Stockwell v. State, 101 378 SCHOOL LAW OF INDIANA. Ind. 1. Where a mortgage to secure a school fund loan is assumed by the purchasers of the real estate, the mortgagors to whom the loan was made do not, by a subsequent purchase of the real estate sold by the auditor to satisty the mortgage take the property divested of liens for taxes as- sessed by the city in v/liich the property is situated. — City of Logansport V. McConnell, 121 Ind. 41G. 4. Notice of moet'Jage — Purchaser at tax sale. Land on which the owner has placed a school fmid mortgage is as much liable to taxation as any other land ; and a person buying it at tax sale within the year for re- demption from a sale on foreclosure of mortgage can not recover the amount paid for taxes, xit most the mortgage is only a first lien to city taxes. The purchaser is bound to take notice of the school mortgage and decree of foreclosure. He inust be held to purchase with full knowledge of mort- gage, the foreclosure, and to have purchased subject to the lien. — -McWhin- ney v. City of Logansport, 132 Ind. 9. 550. Auditor's duty. 86. The auditor shall cause such mortgages to be recorded inimediately, retaining the cost of recording out of the money borrowed. (R. S. 1881, § 4381; R. S. 1901, § 5808; R. S. 1897, § 6071.) 1. AcivNowLEDGMEJSTTS. If the mortgage be recorded, not being ac- knowledged or proved as our general laws require to admit mortgages to record in the recorder's office, such i-ecord is no notice to subsequent bona fide purchasers. But the act of 184;> (now § 549) requires that such mort- gages shall be deemed recorded froui their date ; and this is notice. — Dem- iug V. State. 2S Ind. 416; Mann v. State, 116 Ind. 383. 2. LiEK WITHOUT RECORD. A s(-hool fuud mortgage is a lien upon the land as to subsequent purchasers, without being recorded. — -West v. Wright, 98 Ind. 335. 3. CAKCEi.LA'^ioisr OE MORTGAGE .An action to cancel a school fund mortgage will not- lie against a county auditor; the state is the party in ■interest. — Crooks v. KenneLt, 111 Ind. 347; Snodgrass v. Morris, 123 Ind. 425. 551. Fees. 108. The following fees only shall be charged in cases of mortgage for loans: To each ap- praiser, fifty cents; for recording mortgage, one dollar; for drawing mortgage, one dollar; for making borrower's affidavit, ten cents; for clerk's certificate, fifty cents; for recorder's certificate and examining title, each one dollar; which shall be paid by the borrower. (R. S. 1881, § 4382; R. S. 1901, § 5810; R."^ S. 1897, § 6072.) 552. Interest unpaid — Auditor's duty. 87. On failure to pay any installment of interest when the same becomes SCHOOL LAW OF USTDIANA. 379 due, the principal sum shall forthwith become due and pay- able, and the auditor may proceed to collect the same by suit on the note, or by sale of the mortgaged premises. He may also, by suit, recover the possession of the mortgaged premises before sale thereof; and he shall, on the fourth Monday in March, annually, offer for sale all mortgaged land on which payments of interest are due on the first day of January and unpaid on the day of sale. (R. S. 1881, § 4383; E. S. 1901, § 5811; E. S. 1897, § 6073.) [1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 553. Collection on default. 4. It shall be the duty of the auditor of each county, in case default shall be or has been made in the payment of principal or interest of any school fund loan, to at once proceed to enforce the collec- tion of such principal or interest, as the case may be ; and any auditor who shall fail or refuse to comply with the re- quirements of this section shall be deemed guilty of a mis- demeanor, and upon conviction shall be fined in any sum not exceeding one thousand dollars. (E. S. 1901, § 5812 ; E. S. 1897, § 6074.) 1. Statute mandatory. In selling lands, the auditor must strictly follow the requirements of the statutes upon the subject. Where sale is made to make a greater sum than is due, the sale is void; and where the borrower has made a payment of interest, and failed to file the treas- urer's receipt with the auditor, it will not excuse the auditor for selling to make a sum greater than is really due. — Key v. Ostrandrer, 29 Ind. 1 ; Arnold v. Graff, 58 Ind. 543. The law in force at the time of sale, px'o- viding the method, notice and other elements of remedy, governs the sale. — Webb V. Moore, 25 Ind. 4 ; .Jones v. Hopkins, 26 Ind. 450 ; Moore v. Seaton, 31 Ind. 11. 2. Tax and other state liens. The purchaser at a tax sale take? the land subject to a school mortgage or any other lien held by the state. This is so, although the taxes for which the real estate was sold, had been assessed and delinquent before the execution of such school fund mortgage. — State v. Wasson, 95 Ind. 175. So a sale of lands for taxes •\vhich accrued after tlie execution of a school fund mortgage is subject to the mortgage lien. — Stockwell v. State, 101 Ind. 1. Where a mortgage to secure a school fund loan is assumed by the purchasers of the real estate the mortgagors to whom the loan was made do not, by a subse- quent purchase of the real estate sold by the. auditor to satisfy the mort- 380 SCHOOL LAW OF INDIANA. gage take the property divested of liens for taxes assessed by tlie city in whicli the property is situated. — City of Logansport v. McConnell, 121 Ind. 416. 3. Can not release without payment. The auditor of a county has no authority to release a school mortgage unless the money is paid, and where a party is entitled by his contract to an unincumbered title, is not compelled to accept a conveyance of land thus encumbered, though the auditor has released the mortgage of record. — Conley v. Dibber, 91 Ind. 413. 4. When auditor may proceed. The auditor may proceed, immedi- ately upon default in the payment of the principal or interest, to collect the entire mortgage due, and he has no discretion in offering for sale, on the fourth Monday in March, all such lands in default on the first day of January. 5. Foreclosure. A suit by the county auditor to foreclose a mort- gage may be maintained instead of resorting to statutory proceedings, — Deming v. State, 23 Ind. 416; Ferris v. Cravens, 65 Ind. 262; Stockwell V. State, 101 Ind. 1 ; Kendall v. Green, 101 Ind. 532. 6. Merger of mortgage. After obtaining judgment and foreclosure by suit, the mortgage is merged ; the auditor can not, then, sell under it, and such sale is a nullity. — Farris v. Cravens, 65 Ind. 262. 7. No WARRANTY. The state does not warrant the title of lands sold on account of the school funds. Officers should see that lands mortgaged to secure the school funds are propei'ly described and unincumbered, but the purchaser at the mortgage sale takes whatever title he gets, and there is no law authorizing the refunding of purchase money by the offlcers.- — Woollen, Atty.-Gen. 8. Title from the state. The title of a purchaser from the state, after the state has acquired title upon a forfeiture against a school fund borrower and mortgagee, takes precedence of any tax-deed or lien, whether state, city or county, for taxes that accrued subsequent to the school fund loan. — Baldwin, Atty.-Gen. 554. Fund to be specified. 88. The mortgage may ] :e, in substance, as follows : and the auditor shall specify therein whether the same belongs to the common school fund or to the congressional township fund, and, if the latter, the par- ticular township or townships whose funds are thus loaned (E. S. 1881, § 4384; E. S. 1901, § 5813; E. S. 1897, § 6075.) 1. Omissions to specify. The omission to state the particular fund does not render the mortgage void.— Benefiel v. Aughe, 93 Ind. 401, 407 ; Ellis V. State, 2 Ind. 262. 555. Form of mortgage. 89. I, A. B., of the county of , in the state of Indiana, do mortgage to the state of Indiana,, for the use of [here describe the fund out of SCHOOL LAW OF INDIANA. 381 which the loan was made] all [here describe the land], for the payment of dollars, with interest at the rate of eight per cent, per annum, payable annually in advance, according to the conditions of the note hereto annexed. (R. S. 1881, § 4385; E. S. 1901, § 5814; R. S. 1897, § 6076.) 1. Construction. For cases on school mortgages, see Burk v. Axt, 85 lud. 512 ; Nolan v. State, 115 Ind. 529. 2. Description. A description of land in a school fund mortgage as "the northeast part" of a specified tract, "containing ninety acres," is in- suflicient, and an auditor's sale made thereunder is invalid. — Burk v. Axt, 85 Ind. 512. If the mortgage does not contain a proper description of ' the land, such description may be corrected on a decree to foreclose the mortgage. — Noland v. State, 115 Ind. 529. 3. Presumption. A deed or mortgage made in the form prescribed by the law of this state, and purporting to have been acknowledged in this state between parties residing in the state, and containing nothing to indi- cate a contrary intention, will be presumed by the courts to be of land in this state. Where both the county and state are omitted from the de- scription of land embraced in a mortgage, but it appears on the face of the mortgage that it was executed by parties residing in a certain county for the purpose of securing a loan of school funds borrowed by the mort- gagor, through the auditor of that county, it will be presumed, without more, that the land is there situated. — Mann v. State, 116 Ind. 383. Quare : ' Would this rule of presumption prevail now, since auditors may lend outside of their counties? 4. Cancelling mortgage. In an action to set aside and cancel a school fund mortgage, the county auditor is not a proper defendant, and a judgment against such officer in such actions will not bind the state, it not being a party, and it is very doubtful if the state can even be thus sued. — Crooks v. Kennett, 111 Ind. 347 ; see Snodgrass v. Morris, 123 Ind. 425. 5. Wife. A wife may borrow money and mortgage her own land to discharge valid liens thereon, or for a purpose that enures to its benefit or protection.— Noland v. State, 115 Ind. 529. 6. Loan to married women — estoppel. If a married woman, to ob- tain a loan, complies with all the statutory requirements in relation there- to and executes a mortgage upon her separate real estate, she is estopped from questioning the validity of the mortgage; and the fact that the auditor may have had knowledge that he was obtaining the loan as se- curity for another, can not affect the validity of the mortgage when he acted within the letter of the statute, and the mortgage has been volun- tarily executed. — Davee v. Board, 7 Ind. App. 71. The auditor must pay her the money, and if he pay another he will be personally liable; but in such an instance the mortgage will be valid. — Lloyd v. State, 134 Ind. 506. But if she gives a mortgage for a loan made to her husband or any other person, the mortgage is invalid. — State v. Frazier, 134 Ind. 648. 7. The rate of interest is now 6 per cent. See § 534. 382 SCHOOL LAW OF llSTDIAlSrA. 556. Form of note. 90. The note accompanying the same may be in substance as follows, to wit: I, A. B., promise, to pay to the state of Indiana, for the nse of [here recite the particular fund], on or before , the sum of — — dollars, with interest thereon at the rate of eight per cent, per annum in advance, commencing on the day of , 18 — ; and do agree that, in case of failure to pay any installment of interest when the same shall become due, the principal sum shall become due and payable, to- gether with all arrears of interest; and on failure to pay such principal or interest when due, two per cent, damages shall be collected, with costs, and the premises mortgaged may be sold by the county auditor for the payment of such principal sum, interest, damages and costs. (E. S. 1881, § 4386 ; E. S. 1901, § 5815 ; E. S. 1897, § 6077.) 1. Note not signed. A mortgage executed to secure a note attached to it is binding, ttiougli tlie note is not signed; and tliere is no error in allowing the note to be read in evidence, it being a part of the mortgage. — McFadden v. State, 82 Ind. 558, 2. Illegal fees. As to attorney fees charged for collecting a note, see Coleman v. Goben, 16 Ind. App. 346. 3. The rate of interest is now 6 per cent. See § 534. 557. Warrant to borrower. 91. On making a loan of any fund the auditor shall draw his warrant in favor of the borrower, upon the county treasurer, who shall charge it to the proper fund. (E. S. 1881, § 4387; E. S. 1901, § 5816; •E. S. 1897, § 6078.) 558. Payments — Quietus. 92. All loans refunded and all interest shall be paid to the county treasurer, and his receipt shall be filed with the county auditor, who shall give the payer a quietus therefor, and make proper en- tries. (E. S. 1881, § 4388; E. S. 1901, § 5817; E. S. 1897, § 6079.) 1. Note. The auditor is bound to take notice of a payment to the treasurer, whether or not receipt has been filed with him. — Key v. Os- trander, 29 Ind. 1. 2. Payment to treasurer and not to auditor. Payment shall be made to the county treasurer and not to the county auditor. — Cole v. Miller, 60 Ind. 468. SCHOOL LAW OF INDIANA. 383 0. Cancellation of mortgage. A purchaser of the land mortgaged has a right to rely upon the cancellation of such mortgage by the auditor ; and need not inquire if the money due on it has been paid to the county treasurer.— Slaughter v. St;ite, lc'2 Tnd. 465. 559. Indorsements and satisfaction. 93. Whenever the amount due on any mortgage shall be paid, and the treas- urer's receipt therefor filed, the auditor shall indorse on the note and mortgage that the same has been duly satis- fied, and surrender the same to the person entitled thereto ; and, on production of the same thus indorsed, the recorder shall enter satisfaction upon the record. (R. S. 1881, § 4389; R. S. 1901, § 5818; R. S. 1897, § 6080.) 1. Entry of satisfaction. The county recorder can enter satisfac- tion of a school fund mortgage before foreclosure only upon indorse- ment by the county auditor that tlie same has been fully paid. — Stock- well V. State, 101 Ind. 1. 2. Rei^ase without payment. A release of a mortgage by the coun- ty auditor without payment is invalid. — Conley v. Dibber, 91 Ind. 413 ; see Slaughter v. State, 132 Ind. 465. 3. Improperly" satisfied. If a mortgage be improperly satisfied it may still be enforced. — State v. Greene, 101 Ind. 532, but a purchaser in good faith will be protected. — Slaughter v. State, 132 Ind. 465. 560. Suit for deficiency. 94. In all cases where the mortgaged premises shall fail to sell for a sum sufficient to satisfy the principal and interest of the loan made, and the damages accrued by reason of such failure, and costs, the county auditor shall bring suit on the notes executed by the mortgagor; and whenever judgment shall be ren- dered thereon, no appraisement of property shall be al- lowed on execution issued on such judgment. (R. S. 1881, § 4390 ; R. S. 1901, § 5819 ; R. S. 1897, § 6081.) 1. The relator. The county auditor is the proper relator in a suit to recover school funds loaned. — Scotten v. State, 51 Ind. .52 ; Lopp v. Wood- ward, 1 Ind. App. 105. 2. When suit for deficiency may' be brought. A county auditor who bids in, at public auction, land mortgaged to the school fund, can not proceed on the note executed by the mortgagor until he has made the subsequent sale required by section 563, and fails to realize enough to sat- isfy the amount due.— Clark v. State, 109 Ind. 388. 3. Judgment. The property may be ordered sold, in the judgment, without appraisement. — Stockwell v. State, 101 Ind. 1. 384 SCHOOL LAW OF li^DIANA. 561. Notice of sales. 95. Before sale of mortgaged premises, the auditor shall advertise the same in some newspaper printed in the county where the land lies, if any there be (otherwise, in a paper in the state nearest there- to), for three weeks successively, and, also, by notice set up at the court house door and at three public places in the township where the land lies. (R. S. 1881, § 4391; R. S. 1901, § 5820; R. S. 1897, § 6082.) 1. Length of notice. The legislature may change the requisite length of notice even after the mortgage has been given. — Jones v. Hop- kins, 26 Ind. 450. 2. No COMPENSATION. The auditor is not entitled to compensation for posting notices of sale. — The Board v. Leslie, 63 Ind. 492. 3. Sale without notice. A sale without notice is not such new matter as will entitle the mortgagor to a new filing of the amount owed by him. — Peyton v. Kruger, 77 Ind. 486. A failure to give notice will ren- der the sale void. — Brown v. Ogg, 85 Ind. 234. 4. Sufficiency of notice. A notice, under this section, describing the indebtedness as due the "common and congressional school fund" is sufficient. If the notice contains a correct description of the land by metes and bounds it is sulficient, although it erroneously states that the land was conveyed by a certain deed. All tracts may be included in one notice, if they be exposed for sale as separate tracts. The courts will presu3ne the laud lies in the county of the sale where the section, township and range are given. — Richardson v. Hedges, 150 Ind. 53. 5. Sales legalized. See acts 1903, p. 299, and especially for sales in Floyd county. 562. Manner of sale — Surplus. 96. At such sale (which shall be held at the court house door), the auditor shall sell so much of the mortgaged premises, to the highest bid- der, for cash, as will pay the amount due for principal, in- terest, damages and costs. When less than the whole tract mortgaged shall be sold, the quantity sold shall be taken in a square form, as nearly as possible, off the northwest- erly corner of said tract; and when less than the whole of any in-lot or out-lot of any town or city shall be sold, the part sold shall be laid out and taken off, so that it shall extend from the main or principal street or alley on which the said lot fronts, to the rear thereof, to divide the same by a line as nearly parallel with the boundaries of said lot- SCHOOL LAW OF INDIANA. 385 as practicable, and if less than the whole is sold, the aud- itor, in his notice of sale, shall indicate off of which side or end of said lot the part to be sold shall be taken; and if more than one tract of land is included in the mortgaged premises, the auditor shall elect which tract or tracts shall be sold, saving to the mortgagor, if practicable, the tract on which his house is located. If a tract of land so mortgaged, and liable to be sold to satisfy the mortgage, can not be di- vided without materially diminishing the value of such tract ; or if any in-lot or out-lot be indivisible by reason of extensive buildings or other improvements thereon, the auditor may sell the whole thereof, and, after paying the amount due for principal, interest, damages and costs, out of the purchase money, shall pay the balance, if any, to the mortgagor; and if the auditor sell any part of a tract of land, out-lot or in-lot for more than the amount of prin- cipal, interest, damages and costs, the excess, if any, shall be paid to the mortgagor. (R. S. 1881, § 4392; R. S. 1901, § 5821; R. S. 1897, § 6083.) 1. Division immaterial. The auditor can sell in no other way than that provided by law. — Webb v. Moore, 25 Ind. 4. But in a suit to set aside a sale made by the auditor, where the mortgage debt, penalty and costs aggregate one hundred and fifty-two dollars and twenty cents, though the land was worth four thousand dollars, and could have been divided without materially diminishing its value, it was held to be immaterial that he did not, at the sale, offer any part in the form of a square, or other- wise, off of the northwest corner thereof. — Arnold v. GafC, 58 Ind. 543. 2. Statute must be pursued. The county auditor, in making a sale of land in satisfaction of a school fund mortgage, has no power to sell in any other mode than that prescribed by the statute, and the burden is upon one claiming title under such a sale to show that the statutory re- quirements have been strictly pursued. — Haynes v. Cox, 118 Ind. 184. 3. Portion sold. Where the auditor, in selling less than the whole tract mortgaged, does not take the quantity out of the northwesterly cor- ner of the tract, as required by the statute, but, on the contrary, takes it from another and entirely distinct portion thereof, he exceeds his power and the sale is invalid. — Haynes v. Cox, 118 Ind. 184. 4. Statute must i:e strictly pursued. In a sale of real estate the statute must be strictly pursued or the sale will be void. — Williamson v. Doe, 7 Blackf. 12 ; Benefierd v. Aughe, 93 Ind. 401 ; Ferris v. Cravens, 65 Ind. 262. 5. Sale for more than due, A sale for a sum greater than is due 386 SCHOOL LAW OF INDIANA. at the time of the sale is void. — Betson v. State, 47 Ind. 54 ; Key v. Os- trander, 29 Ind. 1 ; Vail v. McKenian, 21 Ind. 421 ; Boarc^ of Com. v. State, 122 Ind. 333 ; Brown v. Ogg, 85 Ind. 234. G. Redemption. The purchaser takes an absolute title, and junior incumbrances have no right to redeem from the sale. — Schnantz v. Schell- haus, 37 Ind. 85. 7. Sale in parcelis. The county auditor heed not offer the mortgaged premises in parcels, where they are described in the mortgage as a single tract.— Shannon v. Hay, 106 Ind. 589. 8. Appkaisement. Upon the foreclosure of a school fund mortgage, the court may order the land sold without appraisement. — Stockwell v. State, 101 Ind. 1. 9. Quieting title. One whose land has been sold to satisfy a school fund mortgage executed by him can not maintain an action to quiet title against the purchaser, although the sale was void, without first paying or tendering to the latter the amount paid by him. — Shannon v. Hay, 106 Ind. 589. 10. Rate or interest. A school fund mortgage draws the same in- terest after as before maturity. — Stockwell v. State, 101 Ind. 1. By act of 1803 the rate is six per cent. 11. When auditor must bid. It is the duty of the auditor to ofCer the mortgaged premises in the manner provided by the statute ; and if, after offering it for sale in that manner, no one bids the amount due, he must bid the property in for the use of the fund secured by the mortgage. — ■ Haynes v. Cox, 118 Ind. 184. 12. Subrogation. The purchaser of land sold by an auditor under a school fund mortgage, the sale having been set aside as invalid, may be subrogated to the rights of the state in the mortgage ; and the fact that there was a mistaken description, if the mistake can be corrected, does not affect the right of subrogation on the part of the purchaser. — Wilson v. Brown, 82 Ind. 471. 13. Conveyance — description made good by reference, a defective description in a deed or mortgage is made good by a reference to another deed which contains a true description. — Willson v. Brown, 82 Ind. 471. 14. Merger of mortgage. When the mortgage has been foreclosed, the mortgage is merged in the foreclosure, and the auditor can not sell under it. — Ferris v. Cravens, 65 Ind. 262. 15. The excess. If the mortgagor has sold the land to another per- son, and the purchaser has assumed the mortgage, such purchaser would be subrogated to the mortgagor and entitled to receive the excess. — Bald- win, Atty.-Gen. 16. Tax sale. The lien of the State upon land mortgaged to the school fund is not affected by a sale of the land for taxes, and the state ne-ed not redeem to save its rights. The purchaser at the tax sale takes title sub- ject to the school fund mortgage. — Woollen, Atty.-Gen. 563. Auditor's bid. 97. In case of no bid for the amount due, the auditor shall bid in the same on account of the SCHOOL LAW OF INDIANA. 387 fund, and, as soon thereafter as may be, shall sell the same — having first caused it to be appraised by three disinter- ested freeholders of the neighborhood — upon the following terms, viz. : One-third cash in hand, and the balance in four equal installments, due in one, two, three and four years, respectively, from the day of sale, bearing interest at six per cent, per annum, payable annually in advance ; but no such sale shall be for a less sum than the appraised value thereof. (R. S. 1881, § 4393; R. S. 1901, § 5822; R. S. 1897, § 6084.) 1. Statute mandatoky. The auditor has no power to sell for cash, nor ou a credit of less than five years, nor without first having the land appraised, nor for a less sum than the appraised value. — Ferris v. Cravens, 65 Ind. 262. 2. Duty of auditor. It is the duty of the auditor to offer the mort- gaged premises in the manner prescribed by the statute ; and, if, after offering it for sale in that manner, no one bids the amount due, he must bid the property in for the use of the fund secured by the mortgage. — Hayues v. Cox, 119 Ind. 184. 3. Reimbursing county. When the mortgagor fails to pay the in- terest for a number of years, and during those years the county pays it out of its general fund, and afterwards the mortgage is foreclosed, and the land is bid in by the auditor on account of the school fund, and sub- sequently the land is sold and conveyed to a third party, the school fund is only entitled to the principal of said loan and th§ interest thereon, until after the coujity treasury is reimbursed because of the interest it has paid to said fund on account of said loan. — Board v. State, 122 Ind. 333. 4. Surplus. This section is construed with section 365. Whenever the land is sold, the county takes out the amount of principal of the mort- gage for which it was bought in, the amount of interest, damages and costs, and the surplus goes to the original mortgagor or his grantee. — Board v. State, 122 Ind. 333. 5. Section 414. Section 414 has no reference to a sale under this section.— Board v. State, 122 Ind. 333. Sales legalized. Acts 1903, p. 299. [1865, p. 3. Approved and in force March 6, 1865.] 564. Sale of lands bid in. 98. Lands heretofore bought in on account of the fund, which have been appraised, shall be sold in like manner ; and if, upon sale of any such land, a sum is realized which is more than sufficient to pay the principal, interest, damages and costs, the overplus shall be paid to the original mortgagor, his heirs or assigns^ [25] 388 SCHOOL LAW OF INDIANA. when collected. (R. S. 1881, § 4394; R. S. 1901, § 5823; R. S. 1897, § 6085.) 1. Suit on note. A suit can not be brought on the note by the county auditor, where he has bid in the property mortgaged to secure such note, until he has made the subsequent sale required by this section, and failed to realize enough to satisfy the amoimt due. — Clark v. State, 109 Ind. 388. 2. Taxes. The lien of taxes which accrued on lands mortgaged to the school fund subsequent to the mortgage is merged in the fee, where the land is bid in by the county, and taxes can not accrue on the land subsequently, until a purchase certificate is issued on a sale thereof. — See Hamilton v. State, 1 Ind. 128; Groom v. State, 24 Ind. 255; City of Lo- gansport v. McConnell, 121 Ind. 416. 3. Legalizing act. For act legalizing lands sold by auditor, see acts 1895, p. 8G. [1883, p. 79. Approved and in force March 3, 1883.] 565. Reappraisement of forfeited lands. 1. All lands whicli have become forfeited and have reverted, or may hereafter be forfeited and revert to the various townships in the several counties of this state, for failnre to pay the interest or principal of the amount due thereon to the school fund, and which have remained, or hereafter remain, unsold for the period of three years, by reason of the amount due thereon being in excess of the values of said lands, may be reappraised and sold for a sum not less than said reappraised value thereof; such reappraisement and sale to be made in the same manner and upon the same terms and conditions as is now prescribed by law for the appraisement and sale of such lands. (R. S. 1901, § 5776; R. S. 1897, § 6038.) 566. Appropriation by commissioners. 2. Upon the sale of such lands, as provided for in the preceding section of this act, the board of county commissioners of the sev- eral counties in which said lands are situated may make an appropriation, from the general county funds, a sum equal to the difference between the amount for which said lands shall have been forfeited and the amount for which such lands shall have last sold; said sum appropriated to be SCHOOL LAW OF LNDIAXA, 389 placed to the credit of the proper fund, and loaned as other school funds are loaned. (E. S. 1901, § 5777; E. S. 1897, § 6039.) 1. Note. This and the section next above do not affect the right of a county to be reimbursed for interest paid on loans out of the proceeds of a sale under a mortgage, after the principal has been paid the State. — Board v. State, 122 Ind. 333. 2. Duty imperative. The duty of the board of county commission- ers to make the appropriation is imperative ; for the county is liable for all deficits in the funds entrusted to it. [1865, p. 3. Approved and in force March 6, 1865.] 567. Deed by Auditor. 99. Upon full payment being made for such lands, the deed therefor shall be executed by the county auditor, and shall be entered in the record of the board of county commissioners before delivery. (E. S. 1881, § 4395; E. S. 1901, § 5824; E. S. 1897, § 6087.) 1. Record of deed. A recording of the deed in tbe commissioners' record is a condition precedent to its delivery, and a necessary step in the sale.— Arnold v. Gaff, 58 Ind. 543. 2. The deed as evidence. It is the deed alone that vests the title in the purchaser, and if the deed does not state that the proper steps have been talien to perfect a sale, it is no evidence that those steps have been taken. — Williamson v. Doe, 7 Blackf. 12. 3. Tender of deed. A suit for the purchase monej can not be made without tender of a deed for the property, recorded as required above, not absolute but conditional upon payment therefor. — Johnson v. State, 74 Ind. 588. 4. Payment. The amount bid is paid to the treasurer, and not to the auditor.— Cole v. aiiller, 60 Ind. 463. 5. Taxes. The title of the purchaser vests in the purchaser freed from all assessments and taxes made or levied between the date of the mortgage and the date of the deed. — Hamilton v. State, 1 Ind. 128 ; Groom V. State, 24 Ind. 255. 6. Subrogation. If the sale prove invalid, and is set aside, the pur- chaser may be subrogated to the rights of the State in the mortgage. — Willson V. Brown. 82 Ind. 471. 568. Statement of sales. 100. At the public sale at the court house door provided for in this act, the county treas- urer shall also attend, and make a statement of such sales, which shall be signed by the auditor and treasurer, and S90 SCHOOL LAW OF INDIANA. after being recorded in the auditor's office sliall be filed in the treasurer's office ; and such record, or a copy thereof, authenticated by the auditor's or treasurer's certificate, shall be received as evidence of the matters contained therein. (E. S. 1881, § 4396; E. S. 1901, § 5825; E. S. 1897, § 6088;) 1. Statement sigxnted. This statement must be signed by both audi- tor and treasurer, or the sale will be void. — Arnold v. Gaff, 58 Ind. 543; Benefiel v. Aughe, 93 Ind. 401. 569. Title in state without deed. 101. When any land is laid [bid] off by the auditor at such sale, no deed need be made therefor to the state ; but the statement of such sale, and the record thereof, shall vest the title in the state, for the use of the proper fund. (E. S. 1881, § 4397 ; E. S. 1901, § 5826; E. S. 1897, § 6089.) [1899, p. 55. Approved February 17, 1899. In force April 28, 1899.] 570. Conveyance to county. 1. In cases where lands have been mortgaged to the common school funds or con- gressional school fund, and there is a default in the pay- ment of the interest, or the interest and principal, and the auditor is unable to sell such lands for a sum sufficient to pay such loan, as provided by law, and the county shall pay the same to said school fund, the board of commissioners may in regular or special session, if it is for the best in- terest of the county in the reimbursement of its general fund, accept, in the name of the county, a conveyance of said land from the owners and take possession thereof. (E. S. 1901, § 5823a.) 571. Suit to foreclose. 2. That in cases where lands mortgaged to the common school fund or congressional -school fund have been offered for sale and bought by the auditor on account of the fund, and has been reoffered for sale and no bid received sufficient to pay the principal, in- terest, damages and costs accrued on said loan, as other- wise provided by law, and the county shall pay the same to SCHOOL LAW OP INDIANA. 391 said school fund, the lien which the state has by reason of said mortgage, or said prior bid by the auditor on account of the fund, shall inure to the benefit of said county, and in such case the auditor may proceed to collect the amount due the county, by suit foreclosing such lien and recovering a personal ."judgment against the makers of said mortgage, or by either form of action, for the amount due the county, and he may also in same suit recover the possession of the mortgaged premises and quiet title thereto, and all liens and rights against the land may be adjusted as in other equitable actions; and the same relief may also be given in suits to foreclose such mortgages. All such sales shall be ordered without relief from valuation or appraisement laws, and shall be absolute and the purchaser immediately entitled to a conveyance. (R. S. 1901, § 5823b.) 572. Purchase by county. 3. The board of commission- ers, when the county in either case has paid the principal and interest due such school fund for the purpose of reim- bursing the county, if, in the opinion of the board, it shall be to the best interest of the county, may cause the land, which has been ordered sold in such decree of the court, to be purchased at such judicial sale in the name of the county for any price, or any maximum price it may fix, not in any case exceeding the full amount of the principal, interest, cost and accrued costs due on such decree at the date of such sale. The officer making the sale shall execute a deed to the county for such real estate. 573. Lease of land purchased. 4. The board of com- missioners may lease the real estate acquired under this act for a period not exceeding one year at a time upon such terms as the board may fix until the same shall be sold, that said lease shall be in writing, approved by said board and spread upon its record. The auditor shall be authorized to collect such rents, and if in kind sell the same in the mar- kets and pay the proceeds to the county treasurer as a part of the general fund. 392 SCHOOL LAW OF IlSTDIANA. 574. Sale of land — Appraisement. 5. The board of commissioners, at any regular or special session, shall order such real estate to be sold by the auditor at his office at pub- lic or private sale, such order shall fix the terms of sale, which may be in cash, or by installments with interest and such security as the board may require, such credits may ex- tend through a period of not longer than five years. Be- fore making such sale the auditor shall cause the land to be appraised by three freeholders of the county acquainted with the land and who shall be sworn to honestly and im- partially appraise the land at its fair cash value, which oath shall be indorsed on the appraisement. The auditor shall advertise such sale, giving a description of the real estate to be sold and the terms of sale as ordered by the board, for at least thirty days in some newspaper of the county and by posting at least five notices in the township where the land is situated and one at the court house of the county. Such real estate shall not be sold for less than the appraised value. The board may, if no sale is made within reasonable time, at any time thereafter, order a reappraisement or change the terms of such sale by giving further notice in the same manner as hereinbefore provided. Proof of notice and the appraisement must be filed with the auditor. When such sale shall have been made the auditor shall report the same at the next regular session of the board. Objections may be filed within three days from the first day of the term at which such sale is reported by any taxpayer or person interested, and such objections shall be heard and deter- mined by the board. A resale may be ordered, when all ob- jections have been determined, or if there is no objection to such sale the board of commissioners shall approve the sale. If the sale is by installments the purchaser shall be entitled to a certificate of such purchase and the possession of the land. Such certificate may be assigned and the deferred payments may be made with the interest accrued thereon be- fore maturity ; upon final payment of the purchase money the board of commissioners shall execute a deed to said pur- SCHOOL LAW OF INDIANA. 393 chaser or his assignee for such real estate. The money de- rived frojn such sale shall be paid to the county treasurer as a part of the general fnnd. (R. S'. 1901, § 5823e.) 575. Deeds. 6. The auditor shall cause the deeds ex- ecuted to the county under the provisions of this act to be recorded in the recorder's office of the county. 576. Sales legalized. 7. Any sales or conveyances made to any county in this state before the taking effect of this act are hereby legalized, and the title to any such real es- tate is declared to be fully vested in such county by such conveyance. 577. Act supplemental. 8. This act shall not amend, modify or repeal any law now in force concerning the man- agement, loan and sale of real estate on account of any school fund, but it shall be an additional provision for the collection of such funds, and the reimbursement of the counties entrusted therewith. (R. S. 1901, § 5823h.) [1901, p. 544. Approved and in force March 11, 1901.] 578. Cancellation of mortgagees. 1. Whereas, there are a large number of school fund mortgages, which appear unsatisfied of record in the recorder's office in the various counties of the state of Indiana, which, in fact, have been paid, the auditor of any county in the state of Indiana, where such mortgaged lands are situated, when requested by the mortgagor or owner of the lands so mortgaged, shall make an examination of the ledgers or other records of his office, and compare such records with the receipts of mon- eys for school fund mortgages, in the treasurer's office of such county, and if, upon such examination and compari- son, and all facts known to him, or that come to his knowl- edge, he finds that such mortgage or mortgages appearing in the recorder's office of such county as unsatisfied of rec- ord, have, in fact been paid, such auditor of such county. 394 SCHOOL LAW OF INDIANA. where such mortgaged lands are situated, shall make entry of satisfaction upon the margin of the record in the record- er's office, showing the same to have been paid, for which services the mortgagor or owner of such lands shall pay to the auditor a fee of twenty-five cents, and also pay to the recorder his fee provided for releasing mortgages. (R. S. 1901, § 5818a.) {1865, p. 3. Approved and in force March 6, 1865.] 579. Annual report. 103. County auditors and county treasurers shall annually report, in writing, to the boards of county commissioners of the respective counties, at the June sessions of said boards relative to the school fund held in trust by said counties, distinguishing in said reports between the congressional township and common school funds; indicating the amounts thereof; the additions to them within the current year then ending ; the sources from whence such additions are derived; the condition of them as to their safety, giving the amount thereof safely invest- ed, unsafely invested and uninvested, and loss at the date of said reports; giving also the amount of interest col- lected upon said funds within the year then ending, and the amount then due and unpaid. (R. S. 1881, § 4398; R. S. 1901, § 5827; R. S. 1897, § 6090.) 1. Evidence. A provision in a statute that this report shall be ex- clusive evidence of the facts stated in it, is void. — Board v. State, 120 Ind. 282. 2. Repokt not coNCLtfsivE. This report is not conclusive, and does not prevent the county showing the actual facts. — Board v. State, 103 Ind. 497. 580. Duty of boards. 394. The boards of county com- missioners shall, annually, at their June sessions, in the presence of the auditors and treasurers, examine said re- ports, the accounts, and proceedings of said officers in re- lation to said funds, and the revenue derived from them. They shall compare with said reports, the cash, the notes, mortgages, records, and books of said officers, with a view SCHOOL LAW OF rNDIAlSTA. 395 to ascertain the amount of said funds and their' safety ; and to do whatever may be necessary to secure their preserva- tion and the prompt payment of the annual interest there- on as the same becomes due; and make up to said fund losses which have accrued or may accrue. (E. S. 1881, § 4399; R. S. 1901, § 5828; E. S. 1897, § 6091.) 1. Suit. An action may be brought in the name of the State on re- lation of the board of county commissioners to recover congressional school funds. — Groves v. State, 9 Ind. 200 ; Butler Rogers v. Gibson, 15 Ind. 218. 581. Board's report. 105. Each board of county com- missioners, at said session, shall make out a report, in writ- ing; of the result of such examination, showing- First. The amounts of said funds at the close of last year. Second. The amount added from the sale of land within the year. Third. The number of acres of unsold congressional township school lands, and the approximate value thereof. Fourth. The amount added from fines and forfeitures. Fifth. The amount added by the commissioners of the sinking fund. Sixth. The amount added from all other sources. Seventh. The total amount of the funds. Eighth. The amount refunded within the year. Ninth. The amount reloaned within the year. Tenth. The amount safely invested. Eleventh. The amount unsafely invested. Twelfth. The amount uninvested. Thirteenth. The amount of fund lost since 1842. Fourteenth. The amount of interest collected within the year. Fifteenth. The amount of interest delinquent. And in such report said board shall distinguish between the congressional township fund and the common school fund ; and in its account of the interest or revenue derived 396 SCHOOL LAW or indiai^a. from said funds, it shall observe the same distinction. (E. S. 1881, § 4400; R. S. 1901, § 5829; R. S. 1897, § 6092.) 1. Unsafe investments. Commissioners are not justified in report- ing money as safely invested on the ground that the county is liable for the funds entrusted to it, and therefore the state can suffer no loss. If any money has been loaned on personal security it should be reported as unsafely invested, such loans being contrary to law. 2. Clause 13. Clause 13 of the above section is obsolete. 582. Disposition of report. 106. Such report shall be entered on the records of said board; and copies thereof, signed by the members of the board, the auditor, and treas- urer, shall be transmitted to the auditor of state and the superintendent of pubulic instruction. (R. S. 1881, § 4401 ; R. S. 1901, § 5830; R. S. 1897, § 6093.) 583. Apportionment of loans. 152. AVhere the whole of the school funds of a county have been loaned the auditor shall apportion to each congressional township a sufficient number of mortgages to cover the principal of its congres- sional township fund ; and where a part of the school funds only are loaned the auditor shall so apply a proportional amount ; and the cash on hand, when loaned, shall be for the benefit of the congressional townships, respectively, to the amount of the entire principal of its congressional town- ship fund; and in all loans made after the taking effect of this act the note and mortgage shall specify the par- ticular fund borrowed. (R. S. 1881, §4402; R. S. 1901, §5831; R. S. 1897, §6094.) [1879, S. p. 102. Approved and in force March 29, 1879.] 584. Miscellaneous school fund account. 1. It shall be the duty of the auditor in each county to open an account with the congressional township school fund, to be styled the "miscellaneous school fund account." He shall trans- fer to said account, from each to^niship account, all sums on hand at any time when a loan is solicited (provided the aggregate sums will equal the amount sought to be bor- rowed), and may lend such combined sums in one loan; SCHOOL LAW OF INDIANA. 397 whicli loan shall be numbered in consecutive order, and the securities shall each and all be indorsed with the number as "Miscellaneous Loan No. — ," as the number may be; and he shall enter in the miscellaneous account, on the debit side, separately, the sums taken from the account of the several townships, so as to show the corresponding number of the loan, and credit the several township ac- counts with the same sum and the like number of loan. Thence on, as interest accrues and is paid in on such loan, he shall debit the several township accounts with the pro rata portion of such interest accruing to each; and when such loan is paid he shall distribute back to the township accounts the several sums originally transferred from each and debit the miscellaneous account accordingly, and bal- ance and close said account as to said loan. In all the entries throughout he shall keep each entry identified by the proper number belonging to that loan, and so of each combined miscellaneous loan, as contemplated in this act. (R. S. 1881, § 4403; E. S. 1901, § 5832; E. S. 1897, § 6095.) 585. Distribution and report. 2. In all cases where dis- tribution is made of the school funds under the law now in force it shall include all money on hand, or which, accord- ing to law, should be on hand, not exceeding the interest on loans for one year, which shall be distributed in full, and no portion shall be omitted or retained; and the report made by the auditor shall show fully the amount actually on hand, as required and contemplated by law, and show the distribution of the same in full. (E. S. 1881, § 4404; R. S. 1901, § 5833; E. S. 1897, § 6096.) 586. Penalty against auditor. 3. If any auditor fail or refuse to distribute and report such fund in full, as required by this act, he shall be liable to an action on his official bond. The superintendent of public instruction shall direct that action be brought upon the official bond of such de- faulting auditor, and the prosecuting attorney of the proper county shall bring such action. On finding against such 398 SCHOOL LAW OF INDIANA. auditor, judgment shall be entered for the sum so omitted by him to be distributed, with damages of 20 per centum thereon, which shall be for the use and benefit of the fund so omitted to be distributed. (E. S. 1881, § 4405; E. S. 1901, § 5834; E. S. 1897, § 6097.) [1905, p. 25. Approved and in force February 21, 1905.] 587. School funds — Expense in making" loans. 1. The county commissioners of any county in the state may, at their discretion, at any regular meeting of their own board, order that their county shall bear any or all the expense of appraisers, abstract of title and recording mortgage in making any or all loans of school funds. Thereafter, so long as such order is in effect, the county auditor shall meet the expenses covered by it in the same manner that he does other expenses incurred by the county: Provided, That such expense shall not exceed one per cent, of such loan, but such expense shall not be paid unless loan be made. 588. Repeal of order. 2. At any subsequent regular meeting of said board the commissioners may, at their dis- cretion, repeal any part or ail of such order or orders. 589. Appropriations — County council. 3. When such orders shall exist the county council shall take them into consideration in making their regular appropriations. 590. Repeal. 4. Any laws or parts of laws in conflict herewith shall be hereby repealed. SCHOOL LAW OF INDIANA. 399 CHAPTER XXIV. STATE NORMAL SCHOOL. Sec. Sec. ^ 591. Established. 600. Conditions of admission. 592. Trustees — Corporate name. 601. Tuition fee. 593. Term of office — Vacancies. 602. Principle of management. 594. Organization — Officers. 603. Reports. 595. Donations. 604. Board of visitors. 596. Location. 605. Certificates — Diplomas. 597. Contract for building. 606. Pay of trustees. 598. Model school. 607. Pay of treasurer and agent 599. Duty of trustees. [1865, S. p. 140. Approved and in force December 20, 1865.] 591. Established. 1. There shall be established and maintained, as hereinafter provided, a state normal school, the object of which shall be the preparation of teachers for teaching in the common schools of Indiana. (R. S. 1881, § 4542; R. S. 1901, § 6034; R. S. 1897, § 6316.) 592. Trustees — Corporate name. 2. In order to the es- tablishment and mamtenance of such a school, the governor shall appoint, subject to the approval of the senate, four competent persons, who shall, in themselves and in their successors, constitute a perpetual body corporate, with power to sue and be sued, and to hold in trust all funds and property which may be provided for said normal school, and who shall be known and designated as the ''board of trustees of the Indiana state normal school." The super- intendent of public instruction shall be, ex officio, a mem- ber of this board. (R. S. 1881, § 4543; R. S. 1901, § 6035; R. S. 1897, § 6317.) 593. Term of office — Vacancies. 3. Two members of this board shall retire, as may be determined, by lot or otherwise, in two years after their appointment, and the remaining two in four years ; whereupon the governor, sub- ject to the approval of the senate, shall appoint, as afore- said, their successors for a period of four years. All vacan- 400 SCHOOL LAW OF INDIANA. cies occurring in said board from death, or resignation, shall be filled by appointments made by the governor, (E. S. 1881, § 4544; R. S. 1901, §6036; E. S. 1897, § 6318.) 594. Organization — Officers. 4. Said board of trustees shall meet on the second Tuesday in January, 1866, at the office of the superintendent of public instruction, and shall organize, by electing one of its number president, and one secretary, each for a term of two years ; and, at this or at a subsequent meeting, it shall elect some suitable person, out- side of its number, as treasurer, who shall, before entering on duty, give bond in such sum as it may prescribe. (E. S. 1881, § 4545; E. S. 1901, § 6037; E. S. 1897, § 6319.) 595. Donations. 5. Said board shall, at its first meet- ing, open books to receive, from different parts of the state, proposals for donations of grounds and buildings, or funds for the procuring of grounds and erecting of buildings, for said normal school. Also, it may, if deemed needful, at this or a subsequent meeting, appoint one of its number, or other competent person, to visit the diifferent parts of the state and explain the nature and object of said normal school, and to receive proposals of donations of buildings and grounds, or of funds for the same. (E. S. 1881, § 4546; E. S. 1901, § 6038; E. S. 1897, § 6320.) 596. Location. 6. Said board shall locate said school at such place as shall obligate itself for the largest donation: Provided, first. That said donation shall not be less in cash value than fifty thousand dollars; second, that such place shall possess reasonable facilities for the success of said school. (E. S. 1881, § 4547; E. S. 1901, § 6039; E. S. 1897, §6321.) ■ 1, Appropriation for buildings. An act of 1867 (p. 177) appropri- ated fifty thousand dollars out of the common school library nmd and state treasury, in aid of the erection of the buildings, with a condition precedent that no part thereof should be paid until the city of Terre Haute has vested in the board of trustees of the normal school tlie title to the land donated by her as a site for the school, by a good and sufficient deed SCHOOL LAW OF INDIANA. 401 in fee-simple, and had also bound herself, by an agreement filed with the auditor of state, to forever maintain one-half of the necessary repairs in- cident to keeping the buildings and grounds in proper order. 597. Contract for building'. 7. Said board shall, imme- diately after the selection of place of location, proceed to let a contract, or contracts, for the erection of a building, to the lowest responsible bidder: Provided, That no mem- ber of the board be a contractor for building, or for fur- nishing any material therefor. (R. S. 1881, §4548; R. S. 1901, § 6040; R. S. 1897, § 6322.) 598. Model school. 8. Said board shall organize, in connection with the normal school, in the same building with the normal school or in a separate building, as it shall decide, a model school, wherein such pupils of the normal school as shall be of sufficient advancement shall be trained in the practice of organizing, teaching and managing schools. (R. S. 1881, § 4549; R. S. 1901, § 6041; R, S. 1897, § 6523.) 599. Duty of trustees. 9. Said board shall prescribe the course of study for the normal school; shall elect the in- structors and fix their salaries ; and shall determine the con- ditions, subject to limitations hereinafter specified, on which pupils shall be admitted to the privileges of the school. (R. S. 1881, § 4550; R. S. 1901, § 6042; R. S. 1897, § 6324.) 600. Conditions of admission. 10. The following condi- tions shall be requisite to admission to the privileges of in- struction in the normal school: First. Sixteen years of age, if females, and eighteen, if males. Second. Good health. Third. Satisfactory evidence of undoubted moral char- acter. Fourth. A written pledge on the part of the applicant, filed with the principal, that said applicant will, so far as 402 SCHOOL LAW OV INDIANA. may be practicable, teach in the common schools of Indiana a period equal to twice the time spent as a pupil in the normal school; together with such other conditions as the board may, from time to time, impose. (R. S. 1881, § 4551; R. S. 1901, § 6043; R. S. 1897, § 6325.) 1. Students must submit to rules. A student is required to submit to any proper rule necessary for the good government of the institution. — State V. White, S2 Ind. 278. 2. Qualifications fok admission. Tlie faculty can not make mem- bership of a Greek-letter fraternity, or other college secret society, a dis- qualification for admission.- — State v. White, 82 Ind. 278. 3. Race ok color. Students can not be excluded on account of race or color.- — Cory v. Carter, 48 Ind. 327. 601. Tuition fee. 11. Tuition in the normal school shall be free to all residents of Indiana who fulfill the four con- ditions set forth in the preceding section and such other conditions as the board may require. (R. S. 1881, §4552; R. S. 1901, § 6044; R. S. 1897, § 6326.) 602. Principal of management. 12. A high standard of Christian morality shall be observed in the management of the school, and, as far as practicable, inculcated in the minds of the pupils; yet no religious sectarian tenets shall be taught. (R. S. 1881, §4553; R. S. 1901, §6045; R. S. 1897, § 6327.) 603. Report. 13. Said board of trustees shall, bien- nially, make a report to the legislature, setting forth the financial and scholastic condition of the school; also make such suggestions as, in their judgment, will tend to the improvement of the same; and in the years in which there is no session of the legislature, it shall make a report of the scholastic condition of the school to the governor, on or before the first Monday in January. (R. S. 1881, § 4554; R. S. 1901, § 6046; R. S'. 1897, § 6328.) [1873, p. 199. Approved and in force March 5, 1873.] 604. Board of visitors. 14. The state board of educa- tion shall appoint, annually, in the month of June, or at its first meeting thereafter, a committee of three, who shall SCHOOL LAW OF INDIANA. 403 constitute a board of visitors, and shall, in a body or by one of its number, visit said school once during each term, and witness the exercises and otherwise inspect the con- dition of the school; and, by the close of the normal school year, they shall make a report to the board of trustees. The members of said board of visitors shall be allowed five dol- lars for each day's service rendered, and also traveling ex- penses, to be paid out of the state treasury. (R. S. 1881, § 4555; R. S. 1901, § 6047; R. S. 1897, § 6329.) [1873, p. 199. Approved and in force March 5, 1873.] 605. Certificates — Diplomas. 2. The board of trustees is authorized to grant, from time to time, certificates of pro- ficiency to such teachers as shall have completed any of the prescribed courses of study, and whose moral character and disciplinary relations to the school shall be satisfac- tory. At the expiration of two years after graduation, sat- isfactory evidence of professional ability to instruct and manage a school having been received, they shall be en- titled to diplomas appropriate to such professional degrees as the trustees shall confer upon them; which diplomas shall be considered sufficient evidence of qualification to teach in any of the schools of this state. (R. S. 1881, § 4557; R. S. 1901, § 6049; R. S. 1897, § 6331.) [1865, p. 140. Approved and in force December 20, 1865.] 606. Pay of trustees. 16. The members of the board of trustees shall each be allowed five dollars for each day's service rendered, also traveling expenses, to be paid out of the state treasury. (R. S. 1881, § 4559; R. S. 1901, § 6051; R. S. 1899, §6333.) 607. Pay of treasurer and agent. 17. Said board shall pay its treasurer, and its agent, if such be appointed, as provided for in this act, such sums for their services as shall be reasonable and just. (R. S. 1881, § 4560; R. S'. 1901, §6052;R. S. 1897, §6334.) L26] 404 SCHOOL LAW 0¥ INDIANA. CHAPTER XXV. INDIANA UNIVERSITY. Sec. Sec. 608. Recognized. 659. 609. Tax for endowment fund. 660. 610. Application of fund. 661. 611. Bond of state. 662. 612. Loans by state auditor. 663. 613. Mortgages taken by state auditor. 664. 614. State may borrow fund. 665. 615. Trustees — Corporate name — Officers — 666. Powers. 667. 616. The first trustees. 668. 617. The first meeting. 669. 618. Vacancies. 670. 619. Pay of trustees. 671. 620, Trustees of Indiana University. 672. 621. Trustees' terms expiring 1891, succes- 673. sors. 674. 622. Trustees' terms expiring 1893, succes- 675. sors. 676. 623. Registry of alumni. 677. 624. Nomination of trustees. 678. 625. Annual meeting of alumni. 679. 626. Method of voting by alumni. 680. 627. Annual meeting. 681. 628. Quorum — Temporary appointments. 682. 629. Seminary township. 683. 630. Interest on loans. 684. 631. Faculty — Powers. 685. 632. No religious qualification. 686 633. No sectarian tenets. 687 634. County students. 688 635. Notice to counties. 689 636. Treasurer's bond. 690 637. Board of visitors. 691 638. Visitors not attending, to be reported. 692 639. Duties of visitors. 693 640. Duties of secretary. 694 641. Duties of treasurer. 695 642. Report to state superintendent. 696 643. Lectures by faculty. 697 644. Geological examinations and specimens. 698 645. Printing annual report. 699 646. Contents of report. 700 647. Notice of sessions 701 648. Buildings and repairs. 702 649. Normal department. 703 650. Agricultural department. 704 651. Scholarships transferrable. 705 652. Perpetual scholarships. 706 653. Library. 707 654. State geologist. 708 655. Fund, how derived — Loans 709 656. Auditor of state to loan — Duty. 710 657. Form of mortgage. 711 658. Form of note. 712 Loans — -Security. Interest. Priority of mortgage Recording of mortgage. Certificate as to liens. Abstract of title. Auditor's duty. Payment. Satisfaction. Loans, how collected. Judgment. Notice of sale. Sale. When auditor to buy — Resale. Limit of bid — Overplus. Statement of sale. Title in state, without deed. Sale for cash — Certificate. Sale on credit. Fees and damages. Accounts — Reports. Accounts with borrowers. Interest, when loaned. Unsold lands. Certificate of payment — Patent. Leases. Commissioners' report. Commissioners' duty. Pay of commissioners. Patents, and recording. Pay for managing fund. Extension of payments. Forfeiture, how prevented. Forfeited lands. Appraisement of lands. Where filed and recorded, Duty of county auditors. Notice of sale. Sale. Terms of sale. Private entry. Certificate of purchase. Certificate to be registered. Certificate assignable. Forfeiture. Surplus. Forfeiture, how prevented. Land, how redeemed. Security. Suit for waste. Patent on full payment. Auditor's report. Treasurer's report. To pay money to state treasurer. SCHOOL LAW OF INDIANA. 405 Sec. 713. 714. 715. 716. 717. 718. Pay of auditor and treasurer. Loans. Disposition of proceeds. Report of sales. One trustee to attend sales. No member to deal in the lands. Sec. 719. 720. 721. 722. 723. 724. Trustees to get information. State treasurer collects loans. County auditors loan. Auditor of state can not loan. Counties pay interest. Suit for deficiency after sale. [1 R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 608. Recognized. 1. The institution established by an act entitled "an act to establish a college in the state of Indiana," approved January 28, 1828, is hereby recognized as the university of the state. (E. S. 1881, §4561; E. S. 1901, § 6053; E. S. 1897, § 6335.) The state university is not a public corporation, but a private, or at least a quasi-public one, and its endowment fund is not embraced by the phrase, "public funds," as used in the interest law of 1879. — State v. Carr, 111 Ind. 335. But it is a part of the public school system, and its funds are entitled to the same protection as the permanent school fund. — Fisher v. Brown, 159 Ind. 139 ; 64 N. E. Rep. 614. [1883, p. 291. Approved and in force March 3, 1883.] 609. Tax for endowment fund. 1. There shall be as- sessed and collected, as state revenues are assessed and col- lected, in the year of eighteen hundred and eighty-three, and in each of the next succeeding twelve years, the sum of one-half of one cent on each one hundred dollars' worth of taxable property in this state; which money, when col- lected and paid into the state treasury in each of the years named in this act, shall be placed to the credit of a fund to be known as the permanent endowment fund of the In- diana university. (E. S. 1901, § 6161; E. S. 1897, § 6449.) 1. FoKECLOSTJBE. A mortgage securing a loan of the permanent en- dowment fund may be foreclosed by public advertisement without suit, under sections 656 to 665.— Fisher v. Brown, 159 Ind. 139 ; 64 N. E. Rep. 614. 610. Application of fund. 2. Whenever, after the first day of May, eighteen hundred and eighty-four, there shall have been paid into the state treasury a sum of said per- manent endowment fund sufficient to pay off any of the 406 SCHOOL LAW OF INDIANA. interest-bearing indebtedness of the state, it shall be the duty of the treasurer of state to pay off and cancel such in- debtedness, and it shall be the duty of said treasurer of state to continue to pay off and cancel said interest-bearing indebtedness which may be due, or which, by the terms of the contract creating such indebtedness, may be paid off, whenever there is a sufficient sum of said permanent endow- ment fund in the state treasury to pay off the same out of said permanent endowment fund. (E. S. 1901, § 6162; E. S. 1897, § 6450.) 611. Bond of state. 3. It shall be the duty of the treas- urer of state, immediately after paying off any of the inter- est-bearing indebtedness of the state, as provided for in section 2 of this act, to make and issue to the trustee of said university and to their successors in office a non-nego- tiable bond of the state in an amount equal to the sum drawn from said permanent endowment fund and used in such payment. Said non-negotiable bond shall be signed by the governor and the treasurer of state and attested by the secretary of state and the seal of the state, and be made payable in fifty years after date, at the option of the state, and said bond shall bear five per cent, interest from date until paid, which interest shall be paid semi- annually on the first days of May and November of each year, and the same shall be applied to the current and ex- traordinary expenses of said university and be paid to the trustees thereof, under the same rules and regulations as is now required by law in the payment of the revenues of said university. The non-negotiable bonds provided for in this act, when executed, shall remain in the custody of the treasurer of state. (E. S. 1901, §6163; E. S. 1897, §6451.) 612. Loans by state auditor. 4. That so much of said permanent endowment fund as shall not at any time be ab- sorbed by the non-negotiable bonds of the state, as contem- plated in this act, shall be loaned by the auditor of state SCHOOL LAW OF INDIAJSTA. 407 at six per centum interest, payable annually in advance, in real estate security; and in making loans and disburs- ing interest collected the treasurer of state and the auditor of state shall be governed by the law now in force regulat- ing the manner of making loans of the university funds and pajing out interest collected, except as otherwise provided in this act. (E. S. 1901, § 6164; R. S. 1897, § 6452.) 613. Mortgages taken by state auditor. 5. It shall be the duty of the auditor of state to make a complete record of every mortgage and note executed on account of any loan from said permanent endowment fund in a book to be kept in his office for that purpose ; and on payment of any loan to said fund said auditor shall enter a record of satis- faction in full on the margin of the record of the mortgage in his office and sign the same with his name ; and he shall also, m like manner, enter satisfaction in full on the face of the mortgage; which mortgage, when presented by the mortgagor, or any person holding title under him, to the recorder of the county wherein the land mortgaged is situ- ated, shall authorize the recorder of said county to copy such entry on the record in his office. (R. S. 1901, § 6165; R. S. 1897, § 6453.) 614. Stats may borrow fund. 6. If at any time here- after the state shall need the loan of any joart, or of all, of said permanent endowment fund, the state shall be a pre- ferred borrower of so much of said fund as shall not be loaned at the time. But it shall be the duty of the treasurer of state to cause to be executed, as an evidence of any such loan, a non-negotiable bond of the state for the amount so borrowed in like manner as is provided in section 3 of this act: Provided, If at any time hereafter the said Indiana university shall be consolidated with any other educational institution or institutions of the state, or shall be removed from its present location for any cause whatever, the fund raised under the provisions of this act shall be held and used for the benefit of such institution, as consolidated or 408 SCHOOL LAW OF INDIANA. changed, notwithstanding snch change or consolidation whenever so removed or consolidated : Provided, further, That, after said date, no further appropriation shall be made to said university. (R. S. 1901, §6166; E. S. 1897, § 6454) [1855, p. 201. Approved and in force March 3, 1855.] 615. Trustees— Corporate name — Officers — Powers. 1. The board of trustees of the state university shall be eight in number, of whom not more than one shall reside in the same county, excepting the county of Monroe, from which two may be selected. They, and their successors, shall be a body politic, with the style of ''The trustees of Indiana university ; " in that name to sue and be sued ; to elect one of their number president; to elect a treasurer, secretary, and such other officers as they may deem necessary ; to pre- scribe the duties and fix the compensation of such officers ; to possess all the real and personal property of such uni- versity for its benefit ; to take and hold, in their corporate name, any real or personal property for the benefit of such institution; to expend the income of the university for its benefit ; to declare vacant the seat of any trustee who shall absent himself from two successive meetings of the board, or be guilty of any gross immorality, or breach of the by- laws of the institution ; to elect a president, such professors and other officers, for such university, as shall be neces- sary, and prescribe their duties and salaries;- to prescribe the course of study and discipline, and price of tuition in such university ; and to make all by-laws necessary to carry into effect the powers hereby conferred. (R. S. 1881, §4562; R. S. 1901, §6054; R. S. 1897, §6336.) 616. The first trustees. 2. The following persons, and their successors, shall constitute said board: Joseph S. Jenckes, of Vigo county; Joel B. McFarland, of Tippecanoe county; George Evans, of Henry county; William M. French, of Clark county; Ransom W. Aiken, of Monroe county ; Johnson McCullough, of Monroe county ; James R. SCHOOL LAW OF INDIANA. 409 M. Bryant, of Warren county ; Jolin I. Morrison, of Wash- ington county; three of whom shall serve for two years, two for three years, and three for four years. (E. S. 1881, § 4563 ; E. S. 1901, § 6055 ; E. S. 1897, § 6337.) 617. The first meeting. 3. The first meeting of said board shall be held at the town of Bloomington, on Monday, the second day of April, 1855, when they shall determine, by lot, their several terms of service. (E. S. 1881, §4564; E. S. 1901, § 6056 ; E. S. 1897, § 6388.) 618. Vacancies. 4. Vacancies in said board, whether occasioned by death, resignation, removal from the state, expiration of terms of service, or otherwise, shall be filled by the state board of education. (E. S. 1881, § 4565; E. S. 1901, § 6057; E. S. 1897, § 6339.) 619. Pay of trustees. 5. The trustees of said univer- sity shall receive, when employed in the actual service of the university, the same pay as members of the general assembly. (E. S. 1881, §4566; E. S. 1901, §6065; E. S. 1897, §6347.) [1891, p. 65. Approved and in force March 3, 1891.] 620. Trustees of Indiana university. 1. The trustees of Indiana university shall hereafter be elected for such terms of service, and in such manner, as is herein provided, and the terms of service of the trustees now in office, and of those hereafter elected, shall expire on the first day of July of the year in which such terms are to end. (E. S. 1901, § 6058; E. S. 1897, § 6340.) 621. Trustees' terms expiring 1891, successors. 2. Suc- cessors to three trustees whose terms of service expire in the year eighteen hundred and ninety-one (1891) shall be elected by the alumni of the University at the college com- mencement of the year 1891 ; one of the trustees so selected shall serve for one year, one for two years, and one for 410 SCHOOL LAW OF INDIANA. three years. At the first meeting of the board of trustees after July 1, 1891, the several terms of service of such three trustees shall be determined by lot. At the annual commencement of the year in which their terms expire, suc- cessors to such three trustees shall be elected by the alumni of the university, each to serve for three years. A¥hen vacancies in the board of trustees arise, from the death, resignation, removal from the state, expiration of term of service, or otherwise, of any of the three trustees to be elected in 1891, or any of their successors, such vacan- cies shall be filled by the alumni. (R. S. 1901, § 6059 ; R.-S. 1897, § 6341.) 622. Trustees' terms expiring 1893, successors. 3. Suc- cessors to the two trustees, whose terms of service expire in 1893, shall be elected by the state board of education, and one of such two successors shall be elected for a term of two years, and the other for a term of three years. Suc- cessors to the three trustees, whose terms expire in 1894, shall be elected by the state board of education, one for a term of two years, and the other two trustees for terms of three years. Successors to the five trustees herein pro- vided to be elected by the state board of education shall be elected by said state board of education, each trustee so elected to serve for three years : Provided, That trus- tees elected by the alumni, or the state board of education, to fill vacancies caused otherwise than by expiration of terms of service, shall be elected for such unexpired terms only. When vacancies in the board of trustees arise from the death, resignation, removal from the state, expiration of term of service, or otherwise, of any of the five trustees, or their successors herein provided to be elected by the state board of education, such vacancies shall be filled by said state board of education. (R. S. 1901, §6060; R. S. 1897, §6342.) 623. Registry of alumni. 4. A registry of the name and address of each alumnus of Indiana university residing in SCHOOL LAW OF IISTDIANA. 411 the state of Indiana shall be kept by the librarian of said university, who shall correct snch addresses when notified by the alnmni so to do. The alumni of the university shall be those persons who have been awarded and on whom have been conferred any of the following degrees : Bachelor of Arts (A. B.), Bachelor of Letters (B. L.), Bachelor of Science (B. S.), Bachelor of Philosophy (B, Ph.), Bachelor of Laws (L. L. B.), Master of Arts (A. M.), Master of Sci- ence (M. S.), Doctor of Philosophy (Ph. D.). (R. S. 1901, §6061; E. S. 1897, §6343.) 624. Nomination of trustees. 5. Any ten or more alumni may file with the librarian of the university on or before the first day of April in each year a written nomi- nation for the trustee or trustees to be elected by the alumni at the next college commencement. Forthwith after such first day of April a list of all such candidates shall be mailed by said librarian to each alumnus at his ad- dress. (E. S. 1901, § 6162; E. S. 1897, § 6344.) 625. Annual meeting" of alumni. 6. The annual meet- ing of the alumni for the election of trustees shall be held at the university on the Tuesday before the annual com- mencement day of said university, at the hour of nine o'clock a. m., at which meeting a trustee shall be elected to serve for three years from the first day of July of such year, and any trustee or trustees which the alumni may be entitled to elect to complete any unexpired term or terms. (E. S. 1901, § 6163; E. S. 1897, § 6345.) 626. Method of voting by alumni. 7. Each alumnus resident in the state of Indiana may send to said librarian, over his signature, at any time before the meeting of the alumni for the election of such trustee or trustees, the vote for such trustee or trustees which he would be entitled to cast if personally present at such meeting, which vote such librarian shall deliver to such meeting to be opened and counted at said election, together with the votes of those 412 SCHOOL LAW or INDIANA. who are personally present ; but no person shall have more than one vote. The person or persons having the highest number of votes upon the first ballot shall be declared the trustee or trustees according as there may be one or more than one trustee to be elected: Provided, The votes re- ceived by said person, or by each of said persons, or at least fifty per cent, of all the votes cast. Otherwise the alumni personally present at such meeting shall, from the two having the highest pluralities, elect a trustee, unless their pluralities shall aggregate less than fifty per cent, of the votes cast, in which case there shall be included in the number of those to be voted for, so many of those coming after such two highest in order of pluralities as will bring the aggregate of such pluralities of those to be voted for to fifty per cent, of the votes cast. (E. S. 1901, § 6064 ; E. S. 1897, §6346.) [1 R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1863.] 627. Annual meeting. 3. Said trustees shall annually meet at the town of Bloomington at least three days pre- ceding the annual commencement of the university. (E. S. 1881, § 4567; E. S. 1901, § 6065; E. S. 1897, § 6348.) 628. Quorum — ^Temporary appointments. 4. Five of such trustees shall constitute a quorum; and, in case an emergency is declared by the faculty, after there shall have been a called session at which the other members failed to attend, the trustees residing in the county of Mon- roe may fill vacancies in the faculty of the university and the board of trustees; and, in case there should not be three trustees in attendance upon such emergency, then those that are in attendance, together with such members of the faculty as may be in attendance, shall fill such vacan- cies; but appointments thus made shall expire at the next meeting of the board. (E. S. 1881, §4568; E. S. 1901, §6067; E. S. 1897, §6349.) 629. Seminary township. 5. The trustees of said uni- versity shall receive the proceeds of the sales and rents SCHOOL LAW OF ESTDIATiTA. 413 of tlie three reserved sections in the seminary township in Monroe county, and the same shall be paid to the treas- urer of said trustees, on their order. (E. S. 1881, § 4569; E. S. 1901, § 6068; E. S. 1897, § 6350.) 630. Interest on loans. 6. The interest arising from loans of the state university fund, as received at the state treasury, shall be paid on the warrants of the auditor of state; such warrants to be granted on allowances made to the persons entitled thereto by the board of trustees, and duly certified by their secretary. (E. S. 1881, §4570; E. S. 1901, § 6069; E. S. 1897, § 6751.) 631. Faculty — Powers. 7. The president, professors and instructors shall be styled "The faculty" of said uni- versity and shall have power — First. To enforce the regulations adopted by the trus- tees for the government of the students ; to which end they may reward and censure, and may suspend those who con- tinue refractory, until a determination of the board of trus- tees can be had thereon. Second. To confer, with the consent of the trustees, such literary degrees as are usually conferred in other universi- ties, and, in testimony thereof, to give suitable diplomas, under the seal of the university and signature of the fac- ulty. (E. S. 1881, §4571; E. S. 1901, §6070; E. S. 1897, § 6350.) 632. No religious qualification. 8. No religious qualifi- cation shall be required for any student, trustee, president, professor or other officer of such university, or as a condi- tion for admission to any privilege of the same. E. S. 1881, § 4572 ; E. S. 1901, § 6071 ; E. S. 1897, § 6353.) 1. Students must submit to rules. A student is required to sub- mit to any proper rule necessary for the good government of the institu- tion.— State V. White, 82 Ind. 278. 2. Qualifications for admission. The faculty can not mate mem- bership of a Greek-letter fraternity or other college secret society a dis- qualification for admission. — State v. White, 82 Ind. 278. 3. Race or color. Students can not be expelled on account of race or color. — Cory v. Carter, 48 Ind. 327. 414 SCHOOL LAW OP INDIANA. 633. No sectarian tenets. 9. No sectarian tenets shall be inculcated by any professor at such university. (R. S. 1881, § 4573; R. S. 1901, § 6072; R. S. 1897, § 6354.) 634. County students. 10. The trustees shall provide for the tuition, free of charge, of two students from each, county in this state, to be selected by the board of county commissioners. (R. S. 1881, § 4574; R. S. 1901, § 6073; R. S. 1897, §6355.) 1. Each county may send two students, free of tuition fees, to be in- structed in the law department, as well as any other department. — McDon- ald V. Hagins, 7 Blackf. 525. 635. Notice to counties. 11. The secretary of the board shall notify the county auditor of each county of the state whenever there shall not be in attendance at the university the number of students which such county is entitled to send free of tuition ; of which such auditor shall notify the board of commissioners of such county at its next meeting. (R. S. 1881, § 4575; R. S. 1901, § 6074; R. S. 1897, § 6356.) 636. Treasurer's bond. 12. The treasurer of the uni- versity shall give bond in a penalty, and with surety to be approved by such board, payable to the state, conditioned for the faithful discharge of his duties; which bond shall be filed with the auditor of state. (R. S. 1881, §4576; R. S. 1901, § 6075; R. S. 1897, § 6357.) 637. Board of visitors. 13. The governor, lieutenant- governor, speaker of the house of representatives, judges of the supreme court, and superintendent of common schools [state superintendent of public instruction], shall constitute a board of visitors of the university, and any three thereof a quorum. (R. S. 1881, §4577; R. S. 1901, §6076; R. S. 1897, §6358.) 638. Visitors not attending, to be reported. 14. In case the members of such board of visitors fail to attend the annual commencement exercises of the university, the School law of iisTDiAisrA. 415 president of tlie board of trustees shall report such of them as are absent to the next general assembly, in its annual report. (R. S. 1881, § 4578; R. S. 1901, § 6077; R. S. 1897, § 6359.) 639. Duties of visitors. 15. Such board of visitors shall examine the property, the course of study and discipline, and the state of the finances of the university, and recom- mend such amendments as it may deem proper, the books and the accounts of the institution being open to its in- spection; and it shall make report of its examination to the governor, to be by him laid before the next general assembly. (R. S. 1881, §4579; R. S. 1901, §6078; R. S. 1897, §6360.) 640. Duties of secretary. 16. The secretary of the board of trustees shall keep a true record of all the proceedings of said board, and certify copies thereof. He shall also keep an account of the students in the university according to their classes, stating their respective ages and places of residence, and a list of all graduates. (R. S. 1881, §4580; R. S. 1901, § 6079; R. S. 1897, § 6361.) 641. Dnties of treasurer. 17. The treasurer of said uni- versity shall — First. Keep true accounts of all money received into the treasury of said university, and of the expenditures thereof. • Second. Pay out the same on the order of the board of trustees, certified by its secretary. Third. Collect the tuition fees due the same. Fourth. Make semi-annual settlements with the board of trustees. Fifth. Submit a full statement of the finances of the uni- versity, and his receipts and payments, at each meeting of the board of trustees. Sixth. Submit his books and papers to the inspection of the trustees and visitors. (R. S. 1881, §4581; R. S. 1901, § 6080; R. S. 1897, § 6362.) 416 SCHOOL LAW OF INDIANA. 642. Report to state superintendent. 18. The board of trustees, its secretary and treasurer, shall report to the superintendent of common schools [state superintendent of public instruction] , all matters relating to the university, when by him required. (R. S. 1881, §4582; R. S. 1901, § 6081; R. S. 1897, §6363.) 643. Lectures by faculty. 19. One member of the fac- ulty, to be designated by a majority thereof, of which the secretary of the board shall be informed, shall, by himself or competent substitute, deliver a public lecture on the prin- ciples and organization of the university, its educational facilities (being careful not to disparage the claims of other institutions of learning in the state), in at least fif- teen different counties of the state, of which he shall give due notice; and in a vacation of less duration than one month a member of the faculty, to be designated as afore- said, shall deliver such lecture in at least three different counties ; a brief statement of which lectures shall, by the persons delivering them, be reported to the board of trus- tees, annually, to be by them incorporated in the annual report to the general assembly; but no two such lectures shall be delivered in the same county until all the counties of the state have been lectured in. (R. S. 1881, § 4583; R. S. 1901, § 6082; R. S. 1897, § 6364.) 644. Geological examinations and specimens. 20. Such lecturers shall make such geological examinations and col- lect such mineralogical specimens as they may be able to make and procure; a report whereof they shall make to the board of trustees, to be by it incorporated in its annual report to the general assembly; and such specimens, to- gether with those they may procure by voluntary dona- tions, they shall deposit in a suitable room in the university buildings, to be fitted up for that purpose. (R. S. 1881, § 4584; R. S. 1901, § 6083; R. S. 1897, § 6365.) 645. Printing annual report. 21. The governor of the state shall order the printing, annually, of five thousand SCHOOL LAW OF INDIANA. 417 copies of tlie annual report of the board of trustees, twenty- five hundred of which shall be for the use of the members of the general assembly and twenty-five hundred for the faculty. (E. S. 1881, § 4585; R. S. 1901, § 6984; R. S. 1897, § 6366.) 1. How PRINTED. This report and the catalogues are printed by the state commissioners of public printing. Acts 1885, p. 217, section 9. 646. Contents of report. 22. Such report shall contain what is now included in the annual catalogue, with such other matters as may be deemed useful to the cause of edu- cation, connected with the university. (R. S. 1881, § 4586; R. S. 1901, § 6085; R. S. 1897, § 6367.) 647. Notice of sessions. 23. The board of trustees, through its president, shall give at least one month's notice of the commencement of each session of the university in at least one newspaper in the cities of Indianapolis, Louis- ville, in the state of Kentucky, and in New Orleans, in the state of Louisiana. (R. S. 1881, § 4587; R. S. 1901, § 6086; R. S. 1897, §6368.) 648. Buildings and repairs. 24. The board of trustees shall, annually, appoint a committee of its body to examine the university buildings and grounds adjacent, who shall report the kind and cost of repairs, if any are needed ; and one of the members of the faculty shall be appointed to take care of such buildings and grounds. (R. S. 1881, § 4588; R. S. 1901, § 6087; R. S. 1897, § 6369.) 649. Normal department. 25. Such trustees shall es- tablish a normal department for instruction in the theory and practice of teaching, free of charge to such young per- sons, male and female, residents of the state, as may de- sire to qualify themselves as teachers of common schools, within the state, under such regulations as such board of trustees may make in regard to admitting to, kind, and time of delivery of lectures in such department, and the granting of diplomas therein; and such regulations shall 418 SCHOOL LAW OF INDIANA.. be incorporated in the annual report of the trustees to the general assembly. (R. S. 1881, § 4589; R. S. 1901, § 6088; R. S. 1897, §6370.) 650. Agricultural department. 26. Such trustees shall also establish an agricultural department in such univer- sity, under proper regulations, which shall likewise be set forth in their annual report. (R. S. 1881, §4590; R. S. 1901; § 6089; R. S. 1897, § 6371.) [1857, p. 130. Approved March 7, 1857, and in force August 24, 1857.1 651. Scholarships transferable. 1. All scholarships in the state university, issued for or founded upon subscrip- tion moneys paid by individuals toward the construction of the university buildings, or any of them, or the right to use said scholarships for any session or sessions of the college year in said institution, may be transferred or sold by the holders thereof for a valuable consideration. (R. S. 1881, §4591; R. S. 1901, §6090; R. S. 1897, § 6372.) [1861 S., p. 89. Approved and in force May 31, 1861.] 652. Perpetual scholarships. 1. The contingent fee on perpetual scholarships, issued by the trustees of the state university, shall not be more than one dollar per session: Provided, That the trustees are hereby authorized to pur- chase said scholarships whenever, in their opinion, it is for the best interests of the university, at not more than ninety cents on the dollar, by giving notice in some news- paper published in the town of Bloomington, that they are ready to purchase said scholarship; and, after the date of such notice, no person shall be entitled to any benefits un- der the provisions of said scholarships, except to sell the same, as is provided in this act. (R. S. 1881, § 4592 ; R. S. 1901, §6091; R. S. 1897, §6373.) [1861 S., p. 88. Approved May 11, 1861, and in force September 7, 1861.] 653. Library. 2. The state librarian is directed to trans- fer from the state library to the library of the Indiana uni- SCHOOL LAW OF IISTDIANA. 419 versity a complete set of journals of both houses of the legislature, a copy of all laws enacted since the organiza- tion of the state, and of all reports from the several de- partments of state, and of those received from other states, and from the general government, together with all other books and documents of which there are duplicates now in the state library, or shall be hereafter received : Provided, That such books and documents can be spared without in- jury to the state library, and that such transfer be made without expense to the state. (E. S. 1881, §4593; E. S. 1901, § 6092; E. S. 1897, § 6374. 654. Stats geologist. 3. The state geologist, while he holds his office, shall be regarded as a member of the fac- ulty of the university; and he is hereby directed, in his reconnoisances, to collect duplicate specimens of mineral- ogy and geology, and to deposit one set of the same in the cabinet of the state university. (E. S. 1881, §4594; E. S. 1901, § 6093 ; E. S. 1894, § 6375.) [1 E.. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 655. Fund, how derived — Loans. 28. The university fund shall consist of the lands in Monroe and Gibson coun- ties, and the proceeds of sales thereof, and all donations for the use of such university, where the same is expressly mentioned in the grant, or where in such grant the term "university" only is used; the principal of which fund, when paid into the state treasury, shall be loaned, and the annual interest thereon applied to the current expenses of the university, upon warrants drawn on the treasurer of state by the auditor of state, on the requisition of the board of trustees, signed by the president and attested by the secretary thereof. (E. S. 1881, § 4595; E. S. 1901, § 6094; E. S. 1897, § 6376.) 656. Auditor of state to loan — Duty. 29. It shall be the duty of the auditor of state to loan out such fund upon [271 420 SCHOOL LAW OF INDIANA. real estate security. He shall duly inform Iiimself of the value of all real estate offered in pledge, and shall be judge of the validity of the title thereof; and any person apply- ing for a loan shall produce to said auditor the title papers to such real estate, showing title in fee simple, without in- cumbrance and not derived through any executor's or ad- ministrator's sale, or sale on execution. (R. S. 1881, § 4596; R. S. 1901, § 6095; R. S. 1897, § 6385.) 1. Peemajntent endowment fund. Foreclosure of mortgage taken to secure loans of the permanent endowment fund may be made under this and the following sections. — Fisher v. Brower, 159 Ind. 139 ; 64 N. E. Rep. 614. [1901, p. 342. Approved and in foroe March 9, 1901.] 657. Form of mortgage. 30. The mortgage to be taken may be in the following form in substance : I, A. B., of the county of , in the state of Indiana, do assign and transfer to the state of Indiana all [here describe the land], which I de- clare to be mortgaged for the payment of -^ — dollars, with interest at the rate of six per cent, per annum, payable in advance, according to the con- ditions of the note hereunto annexed. 658. Form of note. 31. The note accompanying the same may be, in substance, as follows : I, A. B., promise to pay to the state of Indiana, on or before the — — day of , the sum of , with interest thereon at the rate of six per cent, per annum, in advance, commencing on the day of , 19 — , and do agree that, in case of failure to paj^ any installment of said inter- est, the said principal shall become due and collectible, together with all arrears of interest ; and on any such failure to pay principal or interest when due, five per centum damages on the whole sum due shall be col- lected with costs, and the premises mortgaged may be forthwith sold by the auditor of public accounts [auditor of state], for the payment of such principal sum, interest, damages and costs. [1 R. S. 1852, p. 504. Approved June 17, 1852. In force May 6, 1853.] 659. Loans — Security. 32. No greater sum than five hundred dollars shall be loaned to any one person out of such fund, nor shall the loan be for a longer period than five years; and the sum loaned shall not exceed one-half of the appraised value of the premises to be mortgaged, SCHOOL LAW OF INDIANA. 421 clear of all perishable improvements. The auditor may re- duce the amount to be loaned on any such valuation, when, for any cause, he may have reason to believe the same was not in proportion to the prices of similar property selling in the vicinity, such valuation to be made from the valu- ation of the same property in the assessment of the state revenue. (E. S. 1881, § 4599 ; R. S. 1901, § 6098 ; E. S. 1897, § 6788.) [1901, p. 342. Approved and in force March 9, 1901.] 660. Interest. 33. The rate of interest required shall be six per cent, in advance, payable annually. On failure to pay any installment of interest when due, the principal shall forthwith become due, and the note and mortgage may be collected. 1. This section, as it originally stood, was not repealed by the gen- eral interest law of 1879, fixing the rate at 8 per cent. — State v. Carr, 111 Ind. 335. [1. R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 661. Priority of mortgage. 34. Such mortgages shall be considered as of record from the date thereof, and shall have priority of all mortgages or conveyances not previ- ously recorded, and of all other liens not previously in- curred, in the county where the land lies. (E. S. 1881, § 4601; E. S. 1901, § 6100; E. S. 1897, § 6390.) 1. Constitutional. This section is constitutional. — Fisher v. Brower, 159 Ind. 139 ; 64 N. E. Rep. 614. 2. Status of fund. The permanent endowment fund is entitled to all the constitutional and statutory protection accorded to the school fund. —Fisher v. Brower, 159 Ind. 139 ; 64 N. E. Rep. 614. 3. I'rioeity. The purchaser of real estate under a foreclosure of the mortgage takes it free from the claims of purchasers ior taxes assessed after the execution of the mortgage, or the lien of special assessments made after such time.— Fisher v. Brower, 159 Ind. 139 ; 64 N. E. Rep. 614. 662. Recording of mortgage. 35. It shall be the duty of the auditor to have such mortgages recorded with due diligence, the expense whereof shall be borne by the mort- 422 SCHOOL LAW OF INDIANA. gagor, and may be retained out of the money borrowed. (E. S. 1881, §4602; E. S. 1901, § 6101; E. S. 1897, § 6391.) 663. Certificate as to liens. 36. The person applying for a loan shall file with the auditor the certificate of the clerk and recorder of the county in which the land lies, showing that there is no conveyance of or incumbrance on said land, in either of their offices. (E. S. 1881, § 4603; E. S. 1901, § 6102; E. S. 1897, § 6392.) 664. Abstract of title. .87. Such person shall also, be- fore he receives the money to be loaned, make oath to the truth of an abstract of the title to his said land, and that there is no incumbrance, or better claim, as he believes, upon said land. (E. S. 1881, § 4604; E. S. 1901, § 6103; E. S. 1897, §6393.) 665. Auditor's duty. 38. On making any loan of such fund, the auditor shall draw his warrant on the treasurer in favor of the borrower; and the treasurer shall pay the same and charge it to the proper fund. (E. S. 1881, § 4605 ; E. S. 1901, § 6104; E. S. 1897, § 6394.) Q6Q. Payment. 39. All loans refunded and all interest shall be paid into the state treasury; and the treasurer's receipt shall be filed with the auditor of state, who shall give the payer a quietus for the amount thereof and make the proper entries upon his books. (E. S. 1^81, §4606; E. S, 1901, § 6105; E. S. 1897, § 6395.) 667. Satisfaction. 40. Whenever the amount due on any mortgage shall be fully paid and the treasurer's receipt filed therefor, the auditor shall indorse on the note and mortgage that the same has been fully satisfied, and sur- render them to the person entitled thereto ; and on the pro- duction of the same, with such indorsement thereon, the recorder of the proper county shall enter satisfaction upon the record thereof. (E. S. 1881, § 4607; E. S. 1901, § 6106; E. S. 1897, § 6396.) SCHOOL LAW OF INDIANA. 423 668. Loans, how collected. 41. When the interest or principal of any snch loan shall become due and remain unpaid the auditor shall proceed to collect the same hy a suit on the note, or by the sale of the mortgaged prem- ises, or both, as to him may seem most advisable. He may, also, by proper action, obtain possession of the mortgaged premises. (E. S. 1881, § 4608 ; E. S. 1901, § 6107 ; E. S. 1897, § 6397.) 669. Judgment. 42. In case of suit on such note, and judgment thereon, no stay of execution or appraisement of property shall be allowed. (E. S. 1881, § 4609; E. S. 1901, §6108; E. S. 1897, §6398.) 670. Notice of sale. 43. On failure to pay any interest or principal, when due on any such mortgage, the auditor shall advertise the mortgaged property for sale in one or more of the newspapers printed in this state, for sixty days — such sale to take place at the court house door in Indianapolis. (E. S. 1881, § 4610; E. S. 1901, § 6109; E. S. 1897, § 6399.) 1. A failure to give notice, or to not give it the required length of time, renders the sale void. — Brown v. Ogg, 85 Ind. 234. Abbreviations may be used in the description. — Bansemer v. Mace, 18 Ind. 27. 2. Sufficiency of notice. Publication of notice of sale for nine successive weeks in a weekly newspaper is a sufficient compliance with this section.— Fisher v. Brower, 159 Ind. 139 ; 64 N. E. Rep. 614. 671. Sale. 44. At the time appointed for such sale the auditor and treasurer of state shall attend, and the auditor shall make sale of so much of the mortgaged premises to the highest bidder, for cash, as will pay the amount due for principal, interest, damages and cost of advertising and selling the same ; and such sales may be in parcels, so that the whole amount required be realized. (E. S. 1881, § 4611; E. S. 1901, § 6110; E. S. 1897, § 6400.) 1. A sale for mora than is due is void. — Brown v. Ogg, 85 Ind. 234. The auditor may act by deputy. — Bansemer v. Mace, 18 Ind. 27. 2. It is not necessary to offer the mortgaged tract in parcels. — Banse- mer V. Mace, 18 Ind. 27. 424 SCHOOL LAW OF INDIANA. 672. When auditor to buy — Resale. 45. In case no one will bid the full amount due as aforesaid, the auditor shall bid in the same, on account of the proper fund ; and as soon thereafter as may be, he shall sell the same to the highest bidder for cash, or on a credit of five years, interest being payable annually in advance. (E. S. 1881, §4612; R. S. 1901, § 6111; R. S. 1897, § 6401.) 673., Limit of bid — Overplus. 46. The sale authorized in the preceding section shall not be for less than the amount chargeable on such land; but if for more, the over- plus shall be paid to the mortgagor, his heirs or assigns. (R. S. 1881, § 4613; R. S. 1901, § 6112; R. S. 1897, § 6402.) 674. Statement of sale. 47. The treasurer shall attend and make a statement of such sales, which shall be signed by the auditor and treasurer, and, after being duly re- corded in the auditor's office, shall be filed in the treasur- er's office, and such record, or a copy thereof, authenti- cated by the auditor's or treasurer's certificate, shall be received as evidence of the matters therein contained. (R. S. 1881, § 4614; R. S. 1901, § 6113; R. S. 1897, § 6403.) 675. Title in state, without deed. 48. When any land is bid in by the state at such sale, no deed need be made therefor to the state ; but the statement of such sale, and the record thereof made, as in the preceding section required, shall vest the title in the state, for the use of the fund. (R. S. 1881, § 4615; R. S. 1901, § 6114; R. S. 1897, § 6404.) 676. Sale for cash — Certificate. 49. In case of a sale of any such land to any person for cash, on the production of the treasurer's receipt for the purchase money, the auditor shall give to the purchaser a certificate, which shall entitle him to a deed for said land, to be executed by the governor of this state and recorded in the office of the secretary of state. (R. S. 1881, §4616; R. S. 1901, §6115; R. S. 1897, §6405.) 1. Recording deed. The deed is now recorded in tlie state auditor's office, and not in tlie office of ttie secretary of state, according to tlie pro- SCHOOL LAW OF INDIAKA. 425 Visions of section 7651,' R. S. 1901. (R. S. 1881, § 5628; R. S. 1897, § 8036.) —Fisher v. Brewer, 159 Ind. 139 ; 64 N. E. Rep. 614. 2. Pkiokity. Tlie purcliaser talies title free from the lien of taxes and special assessments made subsequent to the date of the mortgage. — Fisher v. Bro^Yer, 159 Ind. 139 ; 64 N. E. Rep. 614. 677. Sale on credit. 50. In like manner, when any tract bid in by the state or sold on a credit, on the execution and delivery of a note and mortgage for the proper amount, as in other cases required, the purchaser shall be entitled to a deed for the same, to be made as prescribed in the preced- ing section; and the transaction shall be entered, and ap- pear upon the auditor's and treasurer's books as a pay- ment of the sum bid, and a reloan of the same to the pur- chaser, and the proper receipts and warrants shall pass therefor. (R. S. 1881, § 4617; R. S. 1901, § 6116; R. S. 1897, §6406.) 678. Fees and damages. 51. For the services of the auditor and treasurer in conducting such sales, they shall be entitled to receive five per cent, damages, chargeable on such sales. (R. S. 1881, §4618; R. S. 1901, § 6117; R. S. 1897, § 6407.) 679. Accounts — Reports. 52. The auditor and treasurer shall keep fair and regular entries of the sums received and paid out on account of said fund, and shall include the same in their annual reports. (R. S. 1881, § 4619 ; R. S. 1901, § 6118 ; R. S. 1897, § 6408.) 680. Accounts with borrowers. 53. In addition thereto, the auditor shall keep fair and regular accounts with the borrowers of said fund, and shall report the names of bor- rowers with his annual report. (R. S. 1881, §4620; R. S. 1901, § 6119 ; R. S. 1897, § 6409.) 681. Interest, when loaned. 54. Should any interest remain on hand, not wanted for the use of the university, the same may be loaned as other funds. (R. S. 1881, § 4621; R. S. 1901, § 6120 ; R. S. 1897, § 6410.) 426 SCHOOL LAW OF INDIANA. 682. Unsold lands, 55. The care and disposition of the lands belonging to and for the nse of said nniversity, re- maining nnsold or nnpaid for, shall be vested in the present commissioners of the reserved townships in the counties in which snch lands may lie, who shall sell such as remain un- sold, and such as are forfeited for non-payment, on such terms and under such regulations as the board of trustees of such university may provide; except that, in every in- stance, the interest on the purchase money must be paid in advance. No purchaser, his heirs or assigns, shall have the right to cut down or destroy timber standing upon such land, other than for the erection of fences and buildings thereon, or for firewood to be used on the premises, and in fairly improving it for cultivation. (E. S. 1881, § 4622 ; E. S. 1901, § 6121; E. S. 1897, § 6411.) 683. Certificates of payment — Patent. 56. On the first payment for any such land being made, the proper com- missioner shall execute to the purchaser a certificate there- for; and, on final payment, the original certificate shall be surrendered to the commissioner, and by him filed away, and he shall give to the purchaser two final certificates, stating the whole amount of principal and the whole amount of interest paid, one of which certificates shall be for- warded to the auditor of state; and on presentation of the other to the auditor of state, if in all things correct, he shall countersign the same, which shall entitle the owner to a patent, to be issued by the governor for the land so paid for. (E. S. 1881, § 4623 ; E. S. 1901, § 6112 ; E. S. 1897, §6412.)' 684. Leases. 57. Such commissioners may, from time "to time, lease any such unsold improved land, for a term not exceeding one year, until the same can be sold; and such leases shall be guarded against trespass and waste by proper covenants. (E. S. 1881, § 4624; E. S. 1901, § 6123; E. S. 1897, §6413.) SCHOOL LAW OF INDIATSTA. 427 685. Commissioners' report. 58. Sucli commissioners shall make an annual report to the board of trustees of the lands remaining unsold, such as are forfeited, such as are not fully paid for, the amount due, and money collected from sale, as interest or principal; which report shall be subscribed and sworn to by such commissioners, respective- ly, and be incorporated in the annual report of such board to the general assembly. (R. S. 1881, §4625; R. S. 1901, §6124; E. S. 1897, §6414.) 686. Com^missioners' duty. 59. Money collected by such commissioners shall be paid over to the treasurer of the board, who shall execute to such commissioners two re- ceipts therefor, each specifying the persons for whom such money was collected, and the amount thereof, whether for interest or principal ; one of which receipts shall be immedi- ately forwarded to the auditor of state, to be by him used in his settlement with such treasurer. (R. S. 1881, § 4626 ; R. S. 1901, § 6125 ; R. S. 1897, § 6415.) 687. Pay of commissioners. 60. Such board shall regu- late the compensation of such commissioners. (R. S. 1881, § 4627 ; R. S. 1901, § 6126 ; R. S. 1897, § 6416.) 688. Patents, and recording. 61. Patents for land sold shall be made by the governor, and recorded in the office of the secretary of state. (R. S. 1881, §4628; R. S. 1901, §6127; R. S. 1897, §6417.) [1855, p. 201. Approved and in force March 3, 1855.] 689. Pay for managing fund. 7. The auditor of state and the treasurer of state, for the management of the uni- versity fund, shall be, jointly, entitled to receive five per centum upon the interest paid in on such fund ; and it shall not be lawful for them, or either of them, to make any other charges against the same. (R. S. 1881, § 4629; R. S. 1901, ^6128; R. S. 1897, §6418.) 428 SCHOOL LAW OF INDIANA, 690. Extension of payments. 8. The time for the final payments to be made by the holders of original certificates for the purchase of lands reserved and granted to the state university of Indiana, in the case of all such certificates as have heretofore been issued and are now outstanding, shall be extended for the further term of three years from the time when the same may, respectively, fall due. (B. S. 1881, § 4630; R. S. 1901, § 6129; R. S. 1897, § 6419.) 691. Forfeiture, how prevented. 9. Any and all holders of such certificates, as aforesaid, who have forfeited such lands by the non-payment of interest on the purchase money, shall be exempted and released from such forfeit- ure by paying, to the commissioners of such lands, on or before the first day of August, in the year 1855, all interest due on the same, together with the interest upon the amount due at the time of such forfeiture up to the time of said payment ; and upon such payment being made, in the man- ner, and within the time herein specified, the holder of such certificate shall have the same rights under it as if such forfeiture had never occurred. (R. S. 1881, §4631; R. S. 1901, § 6130; R. S. 1897, § 6420.) 692. Forfeited lands. 10. If any portion of said lands now forfeited shall not have been redeemed on said first day of August next, as provided in the preceding section, it shall be the duty of the commissioners of such reserved lands to sell the same for the best price they can obtain, not less than the original purchase price, allowing the pur- chaser a credit on the same as now provided by law. If any of such lands shall hereafter be forfeited, it shall be the duty of such commissioners, if the same be not re- deemed within six months from the time of such forfeiture, to sell the same on the terms in this section above provided. For their services in effecting such sales, the commission- ers shall be entitled to retain, out of the first money re- ceived fram the purchasers, five per cent, upon the amount of the purchase price of such lands. (R. S. 1881, § 4632; R. S. 1901, § 6131; R. S. 1897, § 6421.) SCHOOL LAW OF INDIANA. 429 [1859, p. 234. Approved and in force March 2, 1859.} 693. Appraisement of lands. 1. The board of trustees of the Indiana nniversity shall canse to be appraised the land granted by the United States to the state of Indiana for the nse of the said nniversity. (E. S. 1881, §4633; R. S. 1901, § 6132; R. S. 1897, § 6422.) 694. Where filed and recorded. 2. It shall be the duty of the said trustees, when the said appraisement shall have been made, to record the same upon their books, and to file a copy of the same in the office of the auditor of state, to be, by said auditor, recorded in his office; and, also, to file copies of such appraisements of the lands in the respec- tive counties in the office of the auditor of the county where the lands are situate, to be by said county auditor recorded. (R. S. 1881, § 4634; R. S. 1901, § 6133; R. S. 1897, § 6423.) 695. Duty of county auditors. 3. The auditor of each of the said counties shall, upon said appraisements being filed as aforesaid, and when required to do so by the said board of trustees, offer for sale so much of the said lands as may be within their respective counties at public auc- tion, in the manner hereinafter mentioned. (R. S. 1881, § 4635; R. S. 1901, § 6134; R. S. 1897, § 6424.) 696. Notice of sale. 4. Notice of the time, place and conditions of such sale shall be given by publication, for four weeks successively in a newspaper published in such county, if any there be; if not, in a newspaper in this state published nearest thereto, and also by posting up written or printed notices thereof in three of the most public places in the township in which the lands are situated, and a like notice at the courthouse door at the county seat. (R. S. 1881, § 4636; R.S. 1901, § 6135; R. S. 1897, § 6425.) 697. Sale. 5. The place of sale for said lands shall be at the courthouse in each county of the state in which the said lands may be situated, and it shall be the duty of the 430 SCHOOL LAW OF INDIANA. county auditor to attend at the courtliouse of Ms county at the time mentioned in the notice of the sale of said lands, and offer for sale at public auction, in legal subdivisions, and as near as practicable, in half -quarter sections, all the lands lying within his. county; and, for that purpose he shall continue the sale from day to day, until all the said lands shall have been offered for sale. (E. S. 1881, § 4637; R. S. 1901, § 6136; R. S. 1897, § 6426.) 698. Terms of sale. 6. The said lands shall be offered for sale at the time and place mentioned in such publica- tion, and struck off to the highest bidder, by said county auditor and county treasurer, for a price not less than the appraised value thereof — one-fourth of the purchase money to be paid in hand, and the remaining three-fourths at the expiration of ten years from the date of such sale, with interest annually in advance, at the rate of seven per cent, per annum, upon the residue or deferred payment. (R. S. 1881, § 4638; R. S. 1901, § 6137; R. S. 1897, § 6427.) Private entry. 7. When any of said lands, offered at public sale as aforesaid, shall remain unsold, they shall be subject to private entry with the county auditor and county treasurer of each county, upon the same terms and conditions as lands sold at public auction, for a sum not less than the appraised value thereof, by any person applying to enter the same. (R. S. 1881, § 4639; R. S. 1901, § 6138; R. S. 1897, § 6428.) 700. Certificate of purchase. 8. When any sale shall be effected, either at public or private sale as aforesaid, the county auditor shall give to the purchaser thereof a certifi- cate, signed by him officially, bearing date on the day of sale, stating therein the name of the purchaser, the tract or tracts of land purchased by him, the number of acres con- tained in said tract or tracts, the price per acre, and the whole sum for which the same was sold, the amount of prin- cipal paid, and the amount of interest paid in advance. (R. S. 1884, § 4640; R. S. 1901, § 6139; R. S. 1897, § 6429.) SCHOOL LAW OF IISTDIANA. 431 701. Certificate to be registered. 9. Said certificate shall be registered by the county auditor in a book provided for that purpose, by entering in said book a correct copy thereof. (E. S. 1881, § 4641; E. S. 1901, § 6140; E. S. 1897, g 6430.) 702. Certificate assignable. 10. Said certificates of en- try shall be evidence of title to the land therein mentioned in the persons in whose names they shall issue, or their assigns, and shall be assignable, provided such assignments be acknowledged before the auditor of the county wherein the land is situated (who is hereby authorized to take such acknowledgments), and recorded by said auditor in a book to be kept by him for that purpose; for which service the said auditor shall be entitled to receive a fee of fifty cents, to be paid by the assignor of such certificate. (E. S. 1881, § 4642 ; E. S. 1901, § 6141 ; E. S. 1897, § 6431.) 703. Forfeiture. 11. On failure of any purchaser to pay any installment of interest on said deferred payment of purchase money when the same becomes due, the con- tract shall become forfeited and the land shall immediately revert to the state for the use of said university, and the county auditor shall forthwith proceed to sell the same in the manner and on the terms hereinbefore specified for said public sales. (E. S. 1881, §4643; E. S. 1901, §6142; E. S. 1897, § 6432.) 704. Surplus. 12. If, on such subsequent sale, such lands shall produce more than is sufficient to pay the sum owing therefor, with interest and costs and five per cent, damages upon the amount due on such lands, the surplus shall, when collected, be paid over to the purchaser so for- feiting or his legal representative. (E. S. 1881, §4644; E. S. 1901, § 6143; E. S. 1897, § 6433.) 705. Forfeiture, how prevented. 13. At any time be- fore such subsequent sale, payment of the sum due, with interest ,f or the delay, and all costs, together with two per 432 SCHOOL LAW OF INDIANA. cent, damages upon the amount due on such lands, shall prevent such sale and revive the original contract. (R. S. 1881, § 4645; R. S. 1901, § 6144; R. S. 1897, § 6434.) 706. Land, how redeemed. 14. The former owner of any lands sold as delinquent, his heirs, executors or ad- ministrators, may, at any time within one year after such resale, redeem the same by paying to the purchaser, his heirs or assigns, or to the county treasurer, for him or them, the amount of purchase money paid by such pur- chaser, together with all subsequent payments, either of principal or interest, which such purchaser, or those claim- ing under him, may have made thereon, with interest at the rate of ten per cent, per annum. (R. S. 1881, § 4646; R. S. 1901, § 6145; R. S. 1897, § 6435.) 707. Security. 15. The board of trustees may require security from the purchaser at any of said sales, sufficient to prevent any waste being committed upon the lands by the removal of timber therefrom, or otherwise. (R. S. 1881, § 4647; R. S. 1901, § 6146; R. S. 1897, § 6436.) 708. Suit for waste. 16. In case of any forfeiture as aforesaid, the purchaser so forfeiting shall be liable and may be sued for unnecessary injury or waste done to such land, and damages to double the amount of such injury or waste recovered therefor — such suit to be begun and prose- cuted by the auditor of the county where the land lies, in the name of the state of Indiana, for the use of said uni- versity. (R. S. 1881, § 4648; R. S. 1901, § 6147; R. S. 1897, § 6437.) 709. Patent, on full payment. 17. On full payment be- ing made for any such land the county auditor shall issue to the purchaser, or his assignee, a final certificate there- for; which, upon presentation to the auditor of state, shall entitle the owner thereof to a patent for the land described therein, to be issued by the governor and recorded in the SCHOOL LAW OF INT)LA.NA. 433 office of the secretary of state. (R. S. 1881, §4649; R. S. 1901, §6148; R. S. 1897, §6438.) 1. By an act of 1SS9 the trustees were authorized to sell certain lands in Ringgold county, Iowa, owned by the university, and to execute a deed therefor.— Acts 1889, p. 255. 710. Auditor's report. 18. The county auditor shall make, on the first Monday of each month, a report of his sales of said lands to the secretary of the board of trus- tees and to the auditor of state, showing the date of sale, the description of the lands sold from time to time, the number of acres, the price per acre, the total amount of in- terest paid, and of all forfeitures, re-sales and redemptions thereof. (R. S. 1881, §4650; R. S. 1901, § 6149; R. S. 1897, § 6439.) 711. Treasurer's report. 19. The county treasurer shall make a report, on the first Monday of each month, to the treasurer of the board of trustees of the university and to the treasurer of state, of all moneys received by him, whether principal or interest, on account of such lands ; and the said board of trustees shall require the books of their secretary and treasurer to be so kept as to exhibit the true condition of the accounts of all such purchases and sales of the said lands. (R. S. 1881, § 4651; R. S. 1901, § 6150; R. S. 1897, § 6440.) 712. To pay moiiisy to state treasurer. 20. The county treasurer shall, on the first Monday of each month, pay over to the treasurer of state all sums received on account of the principal of the purchase money of said lands, and shall pay to the treasurer of the board of trustees of the university all sums received on account of the interest upon the purchase money of the said lands. (R. S. 1881, § 4652; R. S. 1901, § 6151; R. S. 1897, § 6441.) 713. Pay to auditor and treasurer. 21. The several county auditors and treasurers shall receive for their serv- ices the same compensation which may, from time to time, 434 SCHOOL LAW OF INDIANA. be allowed by law for similar services in relation to tlie sale of common school lands, which shall be in full for all their services required by this act. (R. S. 1881, § 4653; R. S. 1901, § 6152; R. S. 1897, § 6442.) 714. Loans. 22. The auditor of state shall loan out the said principal of the moneys received from the several county treasurers on account of said sales, in the same manner, and requiring the same security, as other portions of the university fund is now or may hereafter be required by law to be loaned out, and shall pay over to the treasurer of the board of trustees the interest derived from said prin- cipal, as a part of the income of the university. The said auditor of state shall, in his annual report to the legis- lature, report the names of the borrowers of the whole of the university fund, the amount borrowed by each, and the total amount on loan at the date thereof, and the amount of the suspended debt, if any, and in whose name forfeited. (R. S. 1881, § 4654; R. S. 1901, § 6153; R. S. 1897, § 6443.) 715. Disposition of proceeds. 23. Of the first proceeds of said sum, the said board of trustees shall be entitled to receive an amount equal to the amount of interest belong-' ing to the university and loaned out as principal by the auditor of state, as shown by the report of that officer to the general assembly at the session of 1851-52 ; which shall be paid to the treasurer of the board of trustees of the uni- versity, and be applied, under the order of the board of trustees, to the discharge of the debts growing out of the rebuilding of the university, and to the purchase of a suit- able library, philosophical apparatus therefor, or proper furniture, in place of those destroyed by the burning of the university. (R. S. 1881, §4655; R. S. 1901, §6154; R. S. 1897, § 6444.) 716. Report of sales. 24. The board of trustees shall, in their annual report, include a full statement of the amount of the sales of such lands, and the application of the funds received therefor, as reported to them, from time SCHOOL LAW OF IOT)IANA. 435 to time. (R. S. 1881, § 4656; E. S. 1901, § 6155; E. S. 1897, § 6445.) 717. One trustee to attend sales. 25. One member of the board of trustees, to be designated by the board, shall attend to the ptiblic sales of the said lands, to prevent com- binations injurious to the interests of the university; and he shall have power to withdraw the said lands, or any por- tion thereof, from sale, when, in his judgment, the inter- ests of the university would be thereby promoted, and shall have the power and right to designate and determine in what subdivisions any of the said lands may be sold, at the time of said public sale, for the best interests of the said university. (E. S. 1881, §4657; E. S. 1901, §6156; E. S. 1897, § 6446.) 718. No member to deal in the lands. 26. No member of the board of trustees of the university shall either di- rectly or indirectly, become the purchaser of any such lands at any sale made by the county auditor, or by private entry with the auditor, after any forfeiture of purchase, and any sale made to any member of the said board, contrary to the provisions of this section, shall be absolutely void, and the purchase-money, and interest which may have been paid thereon, shall be forfeited to the university fund. (E. S. 1881, § 4658; E. S. 1901, § 6157; E. S. 1897, § 6447.) 719. Trustees to get information. 27. The commission- ers of the university lands in Gibson and Monroe counties, and the several county auditors and treasurers of the coun- ties in which any of the university lands are situated shall furnish such information in relation to the lands and other property of the university, as may, from time to time, be required of them by the said board of trustees, and shall report, annually, the amount of unpaid purchase-money due on the lands sold for the use of the said university, in each of their counties. (E. S. 1881, §4659; E. S. 1901, §6158; E. S. 1897, §6448.) [28] 436 SCHOOL LAW OF USTDIAISTA. [1897, p. 117. Approved March 2, 1897. In force April 14, 1897.] 720. State treasurer collects loan. 1. The treasurer of state shall proceed at once to collect all outstanding loans belonging to the permanent endowment fund of the state university, located at Bloomington, which may be due, and shall collect all other loans belonging to said fund, as fast as they become due, which money, together with all other moneys that come into the hands of said treasurer, belong- ing to said fund, shall be immediately apportioned by the auditor of state pro rata among the several counties in this state, according to population, as ascertained by the enum- eration taken and made in the year 1895, for legislative ap- portionment, and that the treasurer of state, immediately thereafter, pay the same to the several county treasurers, according to said apportionment made by the said auditor of state, and take their receipts therefor; and semi-annual- ly, on the first day of May and November of each year, the said auditor of state shall apportion the amount collected during the preceding six months, and the treasurer of state shall pay the same to the respective county treasurers as above provided. (E. S. 1897, § 6381.) 721. County auditors loan. 2. The said moneys so dis- tributed and paid to said counties, as provided by section one (1) of this act, shall be loaned by the auditors of the respective counties in the same manner and on the same terms and conditions and under the same restrictions, sub- ject to the same limitations, and said loans shall be again collected from the borrower, as the common school funds are now loaned and collected. And the said several coun- ties shall be liable in the same manner and to the same ex- tent for the princijDal and interest of said fund, and for me payment of the same, as they are now liable for the pay- ment of the interest and principal of the common school funds. (E. S. 1897, § 6382.) 722. Auditor of state can not loan. 3. The auditor of state is hereby prohibited from making any further loans SCHOOL LAW OF INDIANA. 437 from said fund, and all money in his hands belonging there- to shall be by the auditor of state apportioned, and by the treasurer of state paid to the several counties, where ap- portionment is made as provided in section one (1) of this act. (R. S. 1897, § 6383; R. S. 1901, § 6116c.) 723. Counties pay interest. 4. The several counties of this state shall pay the interest on said fund to the treas- urer of state at the same time and in the same manner as interest is now paid on the school fund, and said treasurer of state shall at once pay the same to the trustees of the Indiana university and take proper receipts therefor. (R. S. 1897, §6384.) 1. Donation. An act of 1897 permits donations by any county, city, town or township to any state university situated within it, not exceeding $25,000 for the county or city, and $10,000 for the township or town. Bonds of the county, township, city or town may be issued for that pur- pose, and a tax levied to pay them.— Acts 1897, p. 42. R. S. 1901, §§ 6166d- 6166g. See Id. §§ 6166h-G166u. 2. Sale of olu tnivkesity site. By an act of 1897 the trustees of Indiana university were empowered to sell certain land m the city of Bloomington, or plat and sell it, once the site of the university buildings, known as "Seminary square." — Acts 1897, p. 88. [1903, p. 142. Approved and in force March 3, 1903.] 724. Suit for deficiency after sale. 1. In all cases where the auditor of state has made loans from the university fund, college fund or the permanent endowment fund of the Indiana state university, which said loans were secure/i by mortgage upon real estate, and when said mortgage:! premises have been heretofore or which may be hereafter forfeited to the state for non-payment of the amount due thereon, or have been heretofore or hereafter shall be bid in by the auditor of state for the benefit of said respective funds, and where said mortgaged premises when sold ac- cording to law after having been forfeited or bid in by the auditor of state have failed or shall fail to sell for a sum sufficient to satisfy the principal and interest of the loan made and the damages accrued by reason of such failure 438 SCHOOL LAW OF INDIANA. and costs, the auditor of state shall bring snit on the note executed by the mortgagor for the deficiency, for which de- ficiency the maker shall be liable ; and when judgment shall be rendered thereon, no appraisement of property shall be allowed on execution issued on such judgment. SCHOOL LAW OF INDIANA. 439 CHAPTER XXVI. PURDUE UNIVERSITY. Sec. 725. Agricultural college scrip. 726. The first trustees and original name. 727. Sale and investment of scrip. 728. Donations accepted. 729. Location. 730. Purdue university — Permanent name. 731. Corporate name — Powers and duties of trustees. 732. Dedication of street. 733. Power to dedicate. 734. Privileges of John Purdue. 735. Amendment or repeal. 736. Appointment of trustees. 737. Term of office. 738. Vacancies, how filled. 739. Officers — Treasurer's bond and duties. 740. County students. Sec. 741. Students. 742. Investment of fund. 743. Gift to establish institute of technol- ogy. 744. Farmers' institutes. 745. Time and place of holding institutes. 746. Appropriation. 747. Farmers' reading courses. 748. Farmers' institute — County warrant. 749. Application for warrant — Statement. 750. ■ Woman's auxiliary. 751. Amount of warrant — How determined. 752. Expenses defined. 753. False reports — Penalty. 754. • Supplemental. 755. Acceptance of United States grant. [1865, p. 106. Approved and in force March 6, 1865.] 725. Agricultural college scrip. 1. The state of In- diana accepts and claims the benefits of the provisions of the acts of congress, approved July 2, 1862, and April 14, 1864, and assents to all the conditions and provisions in said acts contained. (R. S. 1881, § 4662 ; R. S. 1901, § 6167 ; R. S. 1897, § 6455.) 1. Congressional legislation. The acts of congress referred to in this section will be found in the acts of 1865 (p. 106), set out at length in the preamble. 726. The first trustees, and original name. 2. The gov- ernor of this state, for the time being, and Alfred Pollard of Gibson, Smith Vawter of Jennings, Henry Taylor of Tippecanoe, and Lewis Burk of Wayne, and their succes- sors, are created a body corporate, under the name of ''The Trustees of the Indiana Agricultural College." (R. S. 1881, § 4663; R. S. 1901, § 6168; R. S. 1897, § 6456.) 727. Sale and investment of scrip. 5. Said trustees shall, by the hand of their treasurer, claim and receive from the secretary of the interior the land scrip to which 440 SCHOOL LAW OF INDIANA. this state is entitled by the provisions of said acts of con- gress ; and, under their direction, said treasurer shall sell the same, in such manner and at such times as shall be most advantageous to the state, and shall invest the pro- ceeds thereof, and any interest that may accrue thereon, in the stocks of the United States, or of this state, yielding not less than five per centum per annum, upon the par value of the stocks; and said principal and interest shall continue to be so invested, until further provision shall be made by the general assembly of this state for fulfilling the require- ments of said acts of congress. (R. S. 1881, § 4664; R. S. 1901, § 6169; R. S. 1897, § 6457.) [1869, S., p. 24. Approved and in force May 6, 1869.] 728. Donations accepted. 1. The donation offered by John Purdue, as set forth and communicated to the present general assembly in the message of the governor, on the sixteenth day of April, 1869, and the donations offered by the county of Tippecanoe, the trustees of the Battle-Ground institute, and the trustees of the Battle-Ground institute of the Methodist Episcopal church, as set forth and communi- cated to the general assembly, at its last session, in the message of the governor, of the twenty-seventh day of January, 1869, are hereby accepted by the state of Indiana. (R. S. 1881, § 4665; R. S. 1901, § 6170 '; R. S. 1897, § 6458.) 1. The approprintion made by Tippecanoe county in 1809 was ren- dered valid by this section. MarIvS v. Trustees, etc., 37 Ind. 155. 729. Location. 2. The college contemplated and pro- vided by the act of congress, approved July 2, 1862, entitled ''An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," is hereby located in Tippecanoe county, at such point as may be determined be- fore the first day of January, 1870, by a majority vote of the trustees of the Indiana agricultural college; and the faith of the state is hereby pledged that the location so SCHOOL LAW OF LNDIANA. 441 made shall be permanent. (R. S. 1881, § 4666; R. S. 1901, §6171;R.S. 1897, §6459.) 730. Purdue university — Permanent name. 3. In con- sideration of said donation by John Purdue, amounting to one hundred and fifty thousand dollars, and of the further donation of one hundred acres of land appurtenant to the institution, and on condition that the same be made ef- fectual, the said institution, from and after the date of its location as aforesaid, shall have the name and style of "Purdue university;" and the faith of the state is hereby pledged that said name and style shall be the permanent designation of said institution, without addition thereto or modification thereof. (R. S. 1881, § 4667; R. S. 1901, § 6172; R.S. 1897, § 6460.) 731. Corporate name — Powers and duties of trustees. 4. From and after the date of the location made as aforesaid, the corporate name of the trustees of the Indiana agri- cultural college shall be "The trustees of Purdue univer- sity"; and they shall take in charge, have, hold, possess, and manage, all and singular, the property and moneys comprehended in said donations, as also the fund derived from the sale of the land scrip donated under said acts of congress, and the increase thereof, and all moneys or other property which may hereafter at any time be do- nated to and for the use of said institution. They shall also have power to organize said university in conformity with the purposes set forth in said acts of congress, hold- ing their meetings at such times and places as they may .agree on, a majority of their number constituting a quorum. They shall provide a seal ; have power to elect all professors and teachers, removable at their pleasure; fix and regulate, compensations ; do all acts necessary and ex- pedient to put and keep said university in operation; and make all by-laws, rules, and regulations required or proper to conduct and manage the same. (R. S. 1881, § 4668; R. S. 1901, § 6173; R. S. 1897, § 6461.) 442 SCHOOL LAW OF INDIANA. 1. Students must submit to rules. A student is required to sub- mit to any proper rule necessary for the good government of the institu- tion.— State V. White, 82 Ind. 278. 2. Qualifications eok admission. The faculty can not make mem- bership of a Greek-letter fraternity or other college secret society a dis- qualification for admission. — State v. White, 82 Ind. 278. 3. Race ok color. Students can not be expelled on account of race or color. — Corey v. Carter, 48 Ind. 327. [1893, p. 36. Approved and in force February 17, 1893.] 732. Dedication of street. 1. The trustees of Purdue university are hereby empowered to dedicate for a public street, adjoining the town of West Lafayette, Indiana, a strip of land thirty feet in width, and described as follows : beginning at the southeast corner of the lands owned by said university, and running thence north along the east side of said university lands to the state road, a distance of about thirteen hundred and fifty feet. (E. S. 1901, § 6183; R. S. 1897, §6472.) 733. Power to dedicate. 2. That the trustees of Purdue univertsity are hereby empowered to dedicate for public streets such strips of lands extending through or along the grounds owned by said university as they may deem for the best interest of said university. (R. S. 1901, § 6184; R. S. 1897, § 6473.) [1869, S., p. 24. Approved and in force May 6, 1869.] 734. Privileges of John Purdue. 5. In further consid- eration of his said donation, John Purdue shall, from and after the taking effect of this act, be added as a member of said trustees of the Indiana agricultural college, and he shall also be a member of said trustees of Purdue uni- versity. Should he, at any time, cease to be such member, he shall be continued as an advisory member of said trus- tees; and he shall, during his lifetime, have visitorial power, for the purpose of inspecting the property, real and personal, ol said university, recommending to the trustees SCHOOL LAW OF HSTDIANA. 443 such measures as he may deem necessary for the good of the university, and investigating the financial concerns of the corporation. And he is authorized to make report of his examination, inspection, and inquiries, to the general assembly, at any session thereof. (E. S. 1881, § 4669; E. S. 1901, § 6174; E. S. 1897, § 6462.) 735. Amendment or repeal. 6. This act shall be subject to future amendment or repeal, except so far as it provides for the acceptance of donations, the location of the college, the name and style thereof, and the rights and privileges conferred upon John Purdue. (E. S. 1881, § 4670; E. S. 1901, § 6175; E. S. 1897, § 6463.) [1875, p. 120. Approved March 9, 1875, and in force August 24, 1875.] 736. Appointment of trustees. 1. Upon the taking effect of this act, it shall be the duty of the governor of this state to appoint six trustees for the Purdue university, two of whom shall be nominated by the state board of agriculture, one by the state board of horticulture, and three selected by the governor himself — each of said trustees to be ap- pointed from a different congressional district from the others, except that two may be appointed from the same congressional district in which said university is situate. (E. S. 1881, § 4671; E. S. 1901, § 6176; E. S. 1897, § 6464.) 737. Term of office. 2. The persons so appointed shall constitute the board of trustees of said university, and shall hold their offices as follows: Two members of the first board shall hold their offices for one year and until their successors are appointed; two for two years, and two for three years ; and at the expiration of the term of office of any of the members of the first or any subsequent board, their successors shall be appointed in like manner, and with like nomination, as provided in this act, to hold- their offices for the term of three years, and until their successors are appointed. (E. S. 1881, § 4672; E. S. 1901, § 6177; E. S. 1897, § 6465.) 444 ■ SCHOOL LAW OF INDIANA. 738. Vacancies, how filled. 3. If, from any cause, a vacancy occur in said board, the same shall be filled, by appointment, to fill the unexpired term, the person ap- pointed to fill such vacancy being nominated and ap- pointed, or appointed, in the same manner as his predeces- sor had been at the commencement of such term. (R. S. 1881, § 4673; R. S. 1901, § 6178; R. S. 1897, § 6466.) [1891, p. 34. Approved and in force February 26, 1891.] 739. Officers — Treasurers' bond and duties. 4. Said trustees shall, at their first meeting after their appoint- ment, and every two years thereafter, choose a president of said board; and they shall, at such meeting, and every two years thereafter, and whenever a vacancy occurs, elect, by ballot, a secretary and treasurer, neither of whom shall be a member of the board whose compensation shall be fixed by the trustees. The said treasurer shall give such bond to the state of Indiana in any sum not less than fifty thousand dollars for the faithful execution of his trust, with sufficient sureties as said trustees may require ; and he shall receive, take charge of, and, under the direction of said trustees, manage all [the] stocks and funds belonging to said university. (R. S. 1881, § 4674; R. S. 1901, § 6179; R. S. 1897, § 6467.) [1877, S., p. 60. Approved and in force March 12, 1877.] 740. County students. 1. The board of commissioners of each county in this state may appoint, in such manner as it may choose, two students, or scholars, to Purdue uni- versity, who shall be entitled to enter, remain, and receive instruction in the same, upon the same conditions, quali- fications and regulations prescribed for other applicants for admission to, or scholars in, said university : Provided, however. That every student admitted to said university by appointment, by virtue of this act, shall in nowise be chargeable for room, light, heat, water, tuition, janitor or niatriculation fees; and said student shall be entitled, in SCHOOL LAW OF INDIANA. 445 the order of admittance, to any room in the imiversity then vacant and designed for the habitation or occupancy of a stndent; and snch student so admitted shall have prior right to any snch room, subject to the rules of the uni- versity, over any student not appointed and admitted as aforesaid. (E. S. 1884, § 4675; R. S. 1901, § 6180; R. S. 1897, § 6468.) 741. Students. 2. No more than two students at the same time from any one county shall be entitled to admit- tance to said university, under the provisions of this act. But the board of commissioners of each county may, from time to time, appoint as aforesaid, to any vacancy in its appointments. (E. S. 1881, § 4676; R. S. 1901, § 6181; R. S. 3897, § 6469.) [1881, S., p. 585. Approved and in force April 14, 1881.] 742. Investment of fund. 1. The trustees of Purdue university, by their treasurer, are hereby authorized, on or after the first day of April, 1881, to surrender to the treas- urer of state the bond executed to said university by the state of Indiana, bearing date April 1, 1878, and payable, in the sum of two hundred thousand dollars, on April 1, 1881; and a like bond executed by the state to said uni- versity, dated April 1, 1879, and payable, in the sum of one hundred and twenty-five thousand dollars, on April 1, 1884 ; and also to pay, out of the proceeds of the United States five per cent, bonds now held by said university (which said trustees are hereby empowered to sell), the sum of fifteen thousand dollars to said treasurer of state; who, thereupon, is hereby directed to issue and deliver to said treasurer of Purdue university a non-negotiable bond of the state of Indiana, to be signed by the governor and state treasurer, and attested by the secretary of state and the state seal (the same to be dated April 1, 1881, and payable, twenty years after its date, to the trustees of Purdue uni- versity and their successors, with interest at the rate of five 446 SCHOOL LAW OF INDIANA. per cent, per annum, payable quarterly after date of the bond), all for the nse of Purdue university — said bonds surrendered, and fifteen thousand dollars paid, constituting the endowment fund of said university derived from the gift of the United States. (E. S. 1881, § 4677; E. S. 1901, § 6182; E. S. 1897, § 6470.) [1889, p. 351. Approved and in force March 9, 1889.] 743. Gift to establish institute of technology. 1. "When- ever any individual or individuals shall give, donate or be- queath a sum of money or other valuable property for the purpose of establishing an institute of technology or other special schools in connection with Purdue university in and on the grounds of said university, the trustees of said uni- versity are hereby authorized and empowered to accept such donation, gift or bequest for and on behalf of the state of Indiana for such institute on such terms as may be agreed upon by and between such trustees and said donor or donors or devisior [devisor] ; and the said trustees are hereby authorized to establish, maintain and operate such an institution in connection with Purdue university: Pro- vided, That such institute of technology shall be freely open to students upon the same terms upon which Purdue imi- versity is open to students. And, provided. That nothing in this act shall enable or authorize said trustees to make any contract with said donor or donors by which any debts shall be created beyond or above current legislative appro- priations to the university. And, provided further, That the terms upon which such donations are received and ac- cepted shall not be effective unless the same are endorsed and approved by the Governor of the state of Indiana. (E. S. 1901, § 6185; E. S. 1897, § 6471.) [1889, p. 273. Approved March 9, 1889, and in force May 10, 1889.1 744. Farmers' institutes. 1. It is hereby made the duty of the committee of experimental agriculture and horticul- ture of the board of trustees, together with the faculty of SCHOOL LAW OF INDIANA. 447 the school of agriculture of Purdue university, to appoint, before November 1st of each year, suitable persons to hold in the several counties of this state, between the 1st day of November and the 1st day of April of each year, county institutes for the purpose of giving to farmers and others interested therein instruction in agriculture, horticulture, agricultural chemistry and economic entomology. (R. S. 1901, § 2809; R. S. 1897, § 2859.) 745. Time and place of holding institutes. 2. Such in- stitutes shall be held at such times and places as said com- mittee and faculty may determine, and under such rules, regulations and methods of instruction as they may pre- scribe: Provided, however, That such institutes shall be so conducted as to give those attending the results of the latest investigations in theoretical and practical agriculture and horticulture. (R. S. 1901, § 2810 ; R. S. 1897, § 2860.) 746. Appropriation. 3. For the purpose of carrying out the provisions of this act, paying the salaries of instructors and other necessary expenses, the sum of five thousand dol- lars is hereby appropriated, to be expended under the di- rection of the said committee of said board of trustees, and they shall annually report such expenditures and the pur- poses thereof to the governor. (R. S. 1901, § 2811; R. S. 1897, § 2861.) 1. This appropriation is repealed after the July apportionment of 1896. [1903, p. 508. Approved and in force March 10, 1903.] 747. Farmers' reading courses. 1. In order to promote home study and reading in subjects relating to rural life and the principles of agriculture, the trustees and faculty of Purdue university shall encourage and direct farmers' reading courses and publish and distribute circulars and pamphlets of information on the above subjects as may seem profitable in promoting the agricultural interests of the state. 448 SCHOOL LAW OF INDIANA. [1907, p. 183. Approved March 8, 1907. In force April 10, 1907.] 748. Farmers' institutes — County warrant. 1. In or- der to promote the extension of farmers ' institute work, to encourage its better organization and to increase tlie moneys to be expended for such work, the chairman of any farmers' county institute held under the regulations adopted by the superintendent of county institutes, in any county in the state of Indiana, shall be entitled to draw from the county treasury of such county a sum of money not exceeding one hundred dollars ($100.00), to be paid on a warrant drawn by the county auditor, which said war- rant shall be issued to such county chairman upon full com- pliance with the terms of this act. 749. Application for warrant — Statement. 2. The chair- man of any farmers' county institute, making application for a warrant as provided for in section 1 of this act, shall file with the county auditor, at the time of making such ap- plication, a verified statement as follows, to wit: A true and correct statement of the attendance at such county in- stitute, which statement shall contain the names of the persons so attending; and no name shall be listed as at- tending unless the person so listed shall have attended at least one full session of such institute and paid a member- ship fee of at least twenty -five cents ($0.25). Such state- ment shall also show the total amount of such membership fees collected at such institute ; a true and correct itemized statement of the expenses of such county institute, the re- ceipted vouchers showing payment in full of all expenses so itemized being attached to such report. 750. Woman's auxiliary. 3. Any county in the state of Indiana, where auxiliary organizations to farmers' county institutes have been or hereafter may be organized under regulations adopted by the superintendent of county insti- tutes, such auxiliary organizations to be known as woman's auxiliary organizations for county institute work, and such SCHOOL LAW OF INDIAISTA. 449 auxiliary organizations are maintained separate and dis- tinct from the organization of such county institutes of such county and work under separate programs, and such auxiliary organization charge and collect an annual mem- bership fee of not less than fifteen cents, and the president of such auxiliary organization makes a verified report to the president of the county institute in all particulars as required of the president of county institutes in section 2 of this act, then such auxiliary organizations shall be con- sidered a part of such county institute and the report of such auxiliary organizations shall be combined with the report of such county institute by adding similar items, and the totals of such additions shall be considered as the totals of the county institute. 751. Amount of warrant — How determined. 4. The county auditor shall draw a warrant on the county treas- urer payable to the order of the chairman of the county institute for the sum represented by subtracting the total receipts of membership dues from the total expenses of conducting such institute as shown by the county chair- man 's itemized report and receipted vouchers filed with the report of such chairman: Provided, That no warrant shall be drawn for a sum in excess of the total receipts of membership dues ; and : Provided, further. That such war- rant shall be drawn but once during any calendar year. 752. Expenses defined. 5. The term expenses as used in section 2 of this act shall be construed to include any prize or prizes offered by such county institute or auxiliary or- ganizations to stimulate competition in experimental work in agricultural or domestic science research; rewards of- fered for results of extraordinary excellence in agriculture or domestic science domain; or the necessary cost of co- operative work of an educational character along the lines of agricultural, horticultural or domestic science develop- ment : Provided, That the scheme or plan of such special work provided for in this section shall have been adopted 450 SCHOOL LAW OF INDIANA. by the county institute at its last annual session and that competition shall be open to every eligible person of that particular class residing in such county. In adopting any such scheme or plan of special work every member of such county institute or auxiliary organization not in arrears for payment of annual membership dues, shall be entitled to one vote; and a plurality of all votes cast shall deter- mine the adoption of any proposed scheme. 753. False reports — Penalty. 6. Any chairman of the county institute who shall knowingly file a false report; or any officer of the county institute or auxiliary organiza- tion whose duty it shall be to keep a record of the attend- ance, or render an accounting for moneys received or ex- pended who shall knowingly make or submit a false report ; or any officer of such county institute or auxiliary organiza- tion who shall expend any of the receipts of such county institute or auxiliary organization in any other manner than that shown by such verified report and by the re- ceipted vouchers filed therewith; or any person who shall sign a fraudulent voucher showing moneys expended which were not so expended, shall be deemed guilty of a mis- demeanor and shall, upon conviction, be fined in any sum not exceeding fifty dollars. 754. Supplemental. 7. This act is supplemental to the act approved March 9, 1889, in force May 10, 1889, and re- peals none of the provisions of said act. [1891, p. 483. Approved and in force March 7, 1891.] 755. Acceptance of United States grant. 1. Whereas, an act of congress, approved August 30, 1891, entitled an act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the col- leges for the benefit of agriculture and the mechanic arts established under the provisions of an act of congress, ap- proved July 2, 1862, provides, among other things, that the SCHOOL LAW OF INDIANA. 451 grants of moneys, anthorized by this act, are made subject to the legislative assent of the several states and terri- tories to the purpose of said grants : Provided, That the payments of such installments of the appropriation herein made, as shall become due to any state before the adjourn- ment of the regular session of the legislature meeting next after the passage of this act, shall be made upon the assent of the governor thereof, duly certified to the secretary of the treasury; therefore, Be it resolved by the state of Indiana, That the legisla- tive assent be, and the same is hereby, given to the purpose of said grant, and Purdue university is hereby designated as the agricultural college entitled to the said grant. [29] 452 SCHOOL LAW OF INDIANA. CHAPTER XXVII. TAX FOR INDIANA AND PURDUE UNIVERSITIES AND STATE NORMAL SCHOOL. Sec. 756. Amount of tax — Division. 757. Permanent fund not affected. Sec. 758. Repeal not to affect taxes then levied. [1903, p. 155. Approved and in force March 3, 1903.] 756. Amount of tax — Division. 1. There shall he as- sessed and levied upon the taxable property of the state of Indiana in the year 1903, and in each year thereafter, for the use and benefit of the Indiana university, Purdue uni- versity, and the Indiana state normal school, to be appor- tioned as hereinafter in this act provided, a tax of two and three-fourths cents on every one hundred dollars of taxable property in Indiana, to be levied, assessed, collected and paid into the treasury of the state of Indiana, in like man- ner as other state taxes are levied, assessed, collected and paid. And so much of the proceeds of said levy as may be in the state treasury on the first day of July and the first day of January of each year shall be immediately thereafter paid over to the board of trustees of the respective institu- tions for which the tax was levied, to be distributed and ap- portioned among them severally upon the basis as follows, viz : To the said trustees of the Indiana university upon the basis of four-elevenths (4-11) of the total proceeds of this tax; to the trustees of Purdue university upon the basis of four-elevenths (4-11) of the total proceeds of this tax; and to the trustees of the Indiana state normal school upon the basis of three-elevenths (3-11) of the total proceeds of this tax, and the auditor of state of Indiana is hereby di- rected to draw proper warrants therefor, and on or before the tenth day of January and July of each year the trustees of the Indiana university, Purdue university, and the In- diana state normal school shall file, or cause to be filed, with the auditor of state a sworn and itemized statement SCHOOL LAW OF INDIANA, 453 of their receipts from all sources, including all tuition fees, and other revenues derived from students, contingent fees, interest from permanent endowment fund, the proceeds of the tax provided in this act, and all other receipts of every kind, character and description, together with a full, de- tailed, itemized and sworn statement of their expenditures for all purposes, including maintenance and permanent improvements, the amount paid each member of the faculty, trustees, all other officers of the institution, and file with such report a copy of the receipts for each separate item of the expenditures, it being the intention of this act that the reports hereinbefore provided for shall set out in full and in detail all expenditures of every kind, character and de- scription; and from and after this act is in force it shall be unlawful for the auditor of state to issue any warrant to the Indiana university, Purdue university, or the Indi- ana state normal school until they have filed their reports as required by this act. 757. Permanent fund not affected. 2. Nothing in this act shall affect in any way any permanent fund that may belong to, or may have been appropriated for either the In- diana university, or Purdue university, named in this act: And provided, further, That no part of the general school revenue of the state shall be deducted or set apart to the state normal school fund. 758. Repeal not to affect taxes then levied. 3. All laws and parts of laws in conflict with the provisions of this act be, and the same are, hereby repealed. Provided, however, That the right of said Indiana university, Purdue univer- sity, and the Indiana state normal school to the taxes here- tofore levied under the above mentioned and entitled act approved March 8, 1895, as amended by the above men- tioned and entitled act . approved March 4, 1899, is not hereby in anywise impaired but is preserved. 1. The effect of the two preceding sections is to repeal section 4556, R. S. 1881, after the July apportionment of 1896; and to repeal, after the 454 SCHOOL LAW OF INDIANA. ' fiscal year 1895-6, the appropriation of two thousand dollars provided in section 4558, R. S. 1881. 2. These sections do not repeal sections 609 and 614, providing for an endowment fund for the state university; but it does repeal, after the fiscal year 1895-6, sections 4660 and 4661, R. S. 1881, making annual appro- priation for the university. 3. Concerning county and city aid, see acts 1897, p. 42 ; and acts 1899, p. 416; or R. S. 1901, §§ 6166d to 6166u. SCHOOL LAW OF INDIANA. 455 CHAPTER XXVIII. STATE LIBRARY. Sec. Sec. 759. 760. Management. Election of librarian — Term. 769. 761. Term of office — Bond. 770. 762. Library, when to be kept open. 771. 763. Preservation of state documents. 772. 764. Legislative papers, preservation. 773. 765. Exchanges. 766. Misappropriation of books. 774. 767. Loan of books. 775. 768. Rules and regulations. Salaries — Reference librarian — Cata- loguer — Stenographer. Report of receipts and expenditures. Removal of librarian or assistants. Violation of tliis act, penalty. State library — Legislative reference de- partment. Reference librarian — Salary. Appropriation. [1903, p. 152. Approved February 28, 1903. In force April 23, 1903.1 759. Management. 1. The management and control of the state library shall be vested in the state board of edu- cation, which shall constitute for library purposes the state library board. 760. Election of librarian — Term. 2. The state library board shall, before the first day of April, 1905, elect a state librarian, whose term of office shall begin April 1, 1905, and who shall serve until his successor is elected by the said state library board. 761. Term of office— Bond. 3. The term of office of the state librarian shall be two years and he shall appoint his assistants by and with the advice and approval of the state library board, and he shall, before entering upon his du- ties, give bond and security to the acceptance of the secre- tary of state, in the penal sum of two thousand dollars, which bond shall be filed with the secretary of state. 762. Library, when to be kept open. 4. The library shall be kept open from 8 a. m. until 5 p. m. every day, except Sundays, legal holidays and such other days as the governor shall request all state offices to be closed. 763. Preservation of state documents. 5. The librarian shall select from the journals and laws, whenever pub- 456 SCHOOL LAW OF INDIANA. lished, five copies to be kept permanently for tlie library, and all other journals and reports shall be preserved for exchange purposes for the benefit of the library. 764. Legislative papers, preservation. 6. The librarian shall receive and preserve in the most convenient and per- manent order all legislative papers delivered to him at the close of each session by the secretary of the senate and the clerk of the house. 765. Exchanges. 7. The librarian may, with the con- sent of the state library board, exchange for the benefit of the library any duplicate, or any book not wanted in the library, or he may sell such duplicates or other books and shall turn all money thus received into the state treasury, taking the treasurer's receipt and filing the same in the office of auditor of state, who shall charge the same to the account of the treasurer of state for the use of the library. The librarian shall keep an accurate account of all such transactions, making the same a part of his next succeed- ing biennial report to the legislature, as hereinafter pro- vided for. 766. Misappropriation of books. 8. If the librarian shall appropriate to his own use any book or books belong- ing to the state library or any proceeds of any exchange or sale of books, or knowingly make false reports thereof, he shall be deemed guilty of a misdemeanor and shall be fined not less than five nor more than one thousand dollars and shall forfeit and be deprived of his office. 767. Loan of books. 9. Stich books belonging to the state library, other than reference books, as could be read- ily replaced, in case of loss, may be loaned to any citizen of the state, who shall jDlace such guarantee with the state librarian, for the safe return of the same, as the state library board may demand, and who shall pay the cost of transportation of the book or books to and from the bor- SCHOOL LAW OF INDIANA. 457 rower : Provided, That no book, that could not be readily replaced in case of loss, shall be removed from the state library except by state officials, and by them only in pur- suit of their official duty. 768. Rules and regulations. 10. The library board shall formulate rules and regulations for the care and manage- ment of the library : Provided, That no rule or regulation formulated by said board shall in any way conflict with any of the provisions of this act. 769. Salaries — Reference librarian — Cataloguer — Sten- ographer. 11. The salary of the state librarian shall be eighteen hundred dollars per year. He shall appoint a ref- erence librarian, whose salary shall be eleven hundred dol- lars per year, and a cataloguer, whose salary shall be eleven hundred dollars per year, and an assistant cataloguer and stenographer, whose salary shall be nine hundred dollars per year, and a messenger, whose salary shall be seven hundred and twenty dollars per year. 770. Report of receipts and expenditures. 12. The li- brarian shall report at each session of the legislature as to the condition and needs of the library and the receipts and expenditures of money for the two tiscal years immedi- ately preceding the date of such report. 771. Removal of librarian or assistants. 13. The state library board shall have power to remove for cause at any time the state librarian or any assistant or any employe of the state library. 772. Violation of this act, penalty. 14. Any person guilty of a violation of any of the provisions of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined in the sum of twenty-five dol- lars. 1. Note. Section 15 of the original act repeals all "laws now in force relative to the state library." 2. Traveling libeabies. See section 392. 458 SCHOOL LAW OF INDIANA. [1907, p. 236. Approved and in force March 9, 1907.] 773. State library — Legislative reference department. 1. There is hereby created a legislative reference depart- ment in the state library. It shall be the duty of such de- partment to collect for members of the general assembly information in regard to subjects of legislation, and to or- ganize and arrange such material so that it may be most readily used. It shall obtain and furnish to members of the general assembly, or other officers of the state gov- ernment, any data available regarding the laws of this and other states, and the working and results of such laws in actual practice, together with references to judicial deci- sions and interpretation upon such laws. It shall collect and make available such current information upon legis- lative subjects as will make all data upon subjects of pres- ent value. It shall be prepared to furnish to members of the general assembly, and under their instructions, such assistance as may be demanded in the preparation and formulation of legislative bills. 774. Reference librarian — Salary. 2. The state librarian, by and with the advice and approval of the state library board, shall appoint a legislative reference librarian, at a salary of fifteen hundred dollars per year, and such other assistants as may be necessary to effectively carry on the work of such department. 775. Appropriation. 3. There is hereby appropriated for the payment of the salaries of such legislative reference librarian and other assistants ; and of the expenses and cost of supplies and publications necessary to effectually carry out the provisions of this act, the sum of fifteen hundred dollars, to be available on April first, 1907, and the sum of four thousand dollars annually thereafter. APPENDIX CONSTITUTION OF THE STATE OF INDIANA 1851 HISTORICAL SKETCH By an act of congress, dated April 19, 1816, tlie inhabi- tants of the territory of Indiana were authorized to form for themselves a constitution and state government, which state, when formed, should be admitted into the union upon the same footing with the original states. Under this act, the members of the convention were elected on the second Monday of May, 1816, met in conven- tion, at Corydon, on the second Monday of June, 1816, and proceeded at once to form the constitution, by the authority of congress, without an ordinance of the territory. The constitution was completed on the twenty-ninth of June, 1816, unanimously adopted by the members of the convention — forty-three in number, and signed by all ex- cept one member from Clark county and one member from Warrick county. The constitution went into effect upon its adoption by the members of the convention which formed it. The first session of the general assembly, held by its authority, met at Corydon on the first Monday of Novem- ber, 1816. The constitution of 1816 remained in force, without amendment, until the first day of November, 1851. An act was passed January 15, 1849, ''to provide for taking the sense of the qualified voters of the state on the calling of a convention to alter, amend, or revise the con- stitution of this state. " At an election held under author- (459) 460 APPENDIX. ity of this act a large majority of all the votes cast was in favor of holding the convention. On the 18th day of January, 1850, the legislature passed an act to provide for a convention of the people of the state of Indiana, ''to revise, amend, or alter the constitu- tion of said state. ' ' By the authority of this act delegates were elected. They assembled in convention at the capitol, in the city of Indianapolis, on the first Monday in October, 1850, and completed their labors on the 10th day of Febru- ary, 1851. This constitution was ratified by the votes of the people. The first amendment to this constitution was ratified February 18, 1873, and related to the Wabash and Erie canal. Other amendments were adopted March 14, 1881. PREAMBLE. To the end that justice be established, public order main- tained, and liberty perpetuated: We, the people of the state of Indiana, grateful to Almighty God for the free exercise of the right to choose our own form of govern- ment, do ordain this constitution. ARTICLE I. BILL OF EIGHTS. Section 1. We declare that all men are created equal; that they are endowed by their creator with certain unalien- able rights ; that among these are life, liberty, and the pur- suit of happiness ; that all power is inherent in the people ; and that all free governments are, and of right ought to be, founded on their authority, and instituted for their peace, safety, and well being. For the advancement of' these ends, the people have at all times an indefeasible right to alter and reform their government. Sec. 2. All men shall be secured in their natural right to worship Almighty God according to the dictates of their own consciences. CONSTITTTTIOlSr OF THE STATE. 461 Sec. 3. No law shall, in any case whatever, control the free exercise and enjoyment of religious opinions, or inter- fere with the rights of conscience. Sec. 4. No preference shall be given, by law, to any creed, religions society or mode of worship; and no man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. Sec. 5. No religions test shall be required as a qualifica- tion for any office of trust or profit. Sec. 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution. Sec. 7. No person shall be rendered incompetent as a witness, in consequence of his. opinion on matters of re- ligion. Sec. 8. The mode of administering an oath or affirma- tion shall be such as may be most consistent with, and bind- ing upon, the conscience of the person to whom such oath or affirmation may be administered. Sec. 9. No law shall be passed restraining the free in- terchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever; but for the abuse of that right every person shall be re- sponsible. Sec. 10. In all prosecutions for libel, the truth of the matters alleged to be libelous may be given in justification. Sec. 11. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable search or seizure shall not be violated, and no warrant shall issue, but upon probable cause, supported by oath or af- firmation, and particularly describing the place to be searched, and the person or thing to be seized. Sec. 12. All courts shall be open; and every man, for injury done to him, in his person, property or reputation. 462 APPENDIX. shall have remedy by due course of law. Justice shall be administered freely and without purchase ; completely, and without denial; speedily, and without delay. Sec. 13. In all criminal prosecutions the accused shall have the right to a public trial, by an impartial jury in the county in which the offense shall have been committed; to be heard by hi^nself and counsel ; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witness face to face, and to have com- pulsory process for obtaining witnesses in his favor. Sec. 14. No person shall be put in jeopardy twice for the same offense. No person, in any criminal prosecution, shall be compelled to testify against himself. Sec. 15. No person arrested, or confined in jail, shall be treated with unnecessary rigor. Sec. 16. Excessive bail shall not be required. Exces- sive fines shall not be imposed. Cruel and unusual punish- ment shall not be inflicted. All penafties shall be propor- tioned to the nature of the offense. Sec. 17. Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable when the proof is evident, or the presump- tion strong. Sec. 18. The penal code shall be founded on the princi- ples of reformation, and not of vindictive justice. Sec. 19. In air criminal cases whatever, the jury shall have the right to determine the law and the facts. Sec. 20. In all civil cases the right of trial by jury shall remain inviolate. Sec. 21. No man's particular services shall be demanded without just compensation. No man's property shall be taken by law without just compensation ; nor, except in case CONSTITUTION OF THE STATE. 463 of the state, without such compensation first assessed and tendered. Sec. 22. The privilege of the debtor to enjoy the neces- sary comforts of life, shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted; and there shall be no imprisonment for debt, except in case of fraud. Sec. 23. The general assembly shall not grant to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citi- zens. Sec. 24. No ex post facto law, or law impairing the obligation of contract, shall ever be passed. Sec. 25. No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this constitution. Sec. 26. The operation of the laws shall never be sus- pended, except by the authority of the general assembly. Sec. 27. The privileges of the writ of habeas corpus shall not be suspended, except in case of rebellion or inva- sion, and then only if the public safety demand it. Sec. 28. Treason against the state shall consist only in levying war against it, and giving aid and comfort to its enemies. Sec. 29. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or upon his confession in open court. Sec. 30. No conviction shall work corruption of blood or forfeiture of estate. Sec. 31. No law shall restrain any of the inhabitants of the state from assembling together, in a peaceable manner, 464 APPENDIX. to consult for their common good; nor from instructing their representatives ; nor from applying to the general as- sembly for redress of grievances. Sec. 32. The people shall have a right to bear arms for the defense of themselves and the state. Sec. 33. The military shall be kept in strict subordina- tion to the civil power. Sec. 34. No soldier shall, in time of peace, be quartered in any house without the consent of the owner ; nor in time of war but in a manner to be prescribed by law. Sec. 35. The general assembly shall not grant any title of nobility, nor confer hereditary distinctions. Sec. 36. Emigration from the state shall not be pro- hibited. Sec. 37. There shall be neither slavery nor involuntary servitude, within the state, otherwise than for the punish- ment of crime, whereof the party shall have been duly con- victed. No indenture of any negro or mulatto, made or executed out of the bounds of the state, shall be valid within the state. ARTICLE II. SUFFRAGE AND ELECTION. i Section 1. All elections shall be free and equal. Sec. 2. In all elections not otherwise provided for by this constitution, every male citizen of the United States, of the age of twenty-one years and upwards, who shall have resided in the state during the six months, and in the town- ship sixty days, and in the ward or precinct thirty days im- mediately preceding such election; and every male of for- eign birth, of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this state during the six months, and in the township sixty days, and in the ward or precinct CONSTITUTION OF THE STATE. 465 thirty days, immediately preceding such election, and shall have declared his intention to become a citizen of the United States, conformably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside, if he shall have been duly registered according to law. Sec. 3. No soldier, seaman or marine, in the army or navy of the United States, or their allies, shall be deemed to have acquired a residence in this state in consequence of having been stationed within the same; nor shall any such soldier, seaman or marine, have the right to vote. Sec. 4. No person shall be deemed to have lost his resi- dence in the state by reason of his absence either on busi- ness of the state or of the United States. Sec. 5. [Stricken out by constitutional amendment of March 24, 1881.] Sec. 6. Every person shall be disqualified from holding- office during the term for which he may have been elected, who shall have given or offered a bribe-, threat or reward to procure his election. Sec. 7. Every person who shall give or accept a chal- lenge to fight a duel, or who shall knowingly carry to an- other person such challenge, or who shall agree to go out of the state to fight a duel, shall be ineligible to any office of trust or profit. Sec. 8. The general assembly shall have power to de- prive of the right of suffrage, and to render ineligible any person convicted of an infamous crime. Sec. 9. No person holding a lucrative office or appoint- ment, under the United States, or under this state, shall be eligible to a seat in the general assembly; nor shall any person hold more than one lucrative office at the same time, except as in this constitution expressly permitted: Pro- vided, That offices in the militia, to which there is attached 466 APPENDIX. no annual salary,, and the office of deputy postmaster, where the compensation does not exceed ninety dollars per annum, shall not be deemed lucrative : And provided, also. That counties containing less than one thousand polls may confer the office of clerk, recorder and auditor, or any two of said offices, upon the same person. Sec. 10. No person who may hereafter be a collector or holder of public moneys, shall be eligible to any office of trust or profit until he shall have accounted for and paid over, according to law, all sums for which he may be liable. Sec. 11. In all cases in which it is provided that an office shall not be filled by the same person more than a certain number of years continuously, an appointment pro tempore shall not be reckoned a part of that term. Sec. 12. In all cases, except treason, felony and breach of the peace, electors shall be free from arrest in going to elections, during their attendance there, and in returning from the same. Sec. 13. All elections by the people shall be by ballot; and all elections by the general assembly, or by either branch thereof, shall be viva voce. 'Sec. 14. All general elections • shall be held on the first Tuesday after the first Monday in November ; but township elections may be held at such time as may be provided by law: Provided, That the general assembly may provide by law for the election of all judges of courts of general or appellate jurisdiction, by an election to be held for such officers only, at which time no other officer shall be voted for; and shall also provide for the registration of all per- sons entitled to vote. CONSTITUTION OF THE STATE. 467 ARTICLE III. DISTRIBUTION OF POWERS. Section 1. The powers of the government are divided into three separate departments : the legislative, the execu- tive (including the administrative), and the judicial; and no person charged with official duties under one of these departments shall exercise any of the functions of another except as in this constitution expressly provided. ARTICLE IV. LEGISLATIVE. Section 1. The legislative authority of the state shall be vested in a general assembly, which shall consist of a sen- ate and house of representatives. The style of every law shall be, ''Be it enacted by the general assembly of the state of Indiana;" and no law shall be enacted except by bill. Sec. 2. The senate shall not exceed fifty, nor the house of representatives one hundred members; and they shall be chosen by the electors of the respective counties or dis- tricts into which the state may, from time to time, be di- vided. Sec. 3. Senators shall be elected for the term of four years, and representatives for the term of two years, from the day next after their general election: Provided, how- ever, That the senators elect, at the second meeting of the general assembly under this constitution, shall be divided, by lot, into two equal classes, as nearly as may be ; and the seats of senators of the first class shall be vacated at the expiration of two years, and those of the second class at the expiration of four years; so that one-half, as nearly as possible, shall be chosen biennially forever thereafter. And in case of increase in the number of senators, they shall be so annexed by lot, to the one or the other of the two classes, as to keep them as nearly equal as practicable. [30] 468 ■ APPENDIX. Sec. 4. The general assembly shall, at its second ses- sion after the adoption of this constitution, and every sixth year thereafter, cause an enumeration to be made of all the male inhabitants over the age of twenty-one years. Sec. 5. The number of senators and representatives shall, at the session next following each period of making such enumeration, be fixed by law, and apportioned among the several counties, according to the number of male in- habitants, above twenty-one years of age, in each: Pro- vided, That the first and second elections of members of the general assembly, under this constitution, shall be accord- ing to the apportionment last made by the general assem- bly before the adoption of this constitution. Sec. 6. A senatorial or representative district, where more than one county shall constitute a district, shall be composed of contiguous counties ; and no county, for sena- torial apportionment, shall ever be divided. Sec. 7. No person 'shall be a senator or a representative, who, at the time of his election, is not a citizen of the .United States; nor any one who has not been, for two years next preceding his election, an inhabitant of this state, and for one year next preceding his election, an in- habitant of the county or district whence he may be chosen. Senators shall be at least twenty-five, and representatives at least twenty-one years of age. Sec. 8. Senators and representatives, in all cases except treason, felony, and breach of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same ; and shall not be subject to any civil process during the session of the gen- eral assembly, nor during the fifteen days next before the" commencement thereof. For any speech or debate in either house, a member shall not be questioned in any other place. Sec. 9. The sessions of the general assembly shall be held biennially, at the capital of the state, commencing on CONSTITUTIOlSr OF THE STATE. 469 the Thursday next after the first Monday of January, in the year one thousand eight hundred and fifty-three, and on the same day of every second year thereafter, unless a dif- ferent day or place shall have been appointed by law. But if, in the opinion of the governor, the public welfare shall require it, he may, at any time, by proclamation call a spe- cial session. Sec. 10. Each house, when assembled, shall choose its own officers (the president of the senate excepted), judge the elections, qualifications and returns of its own mem- bers, determine its rules of proceeding, and sit upon its own adjournment. But neither house shall, without the consent of the other, adjourn for more than three days, nor to any place other than that in which it may be sitting. Sec. 11. Two-thirds of each house shall constitute a quorum to do business ; but a smaller number may meet, ad- journ from day to day, and compel the attendance of absent members. A quorum being in attendance, if either house fail to effect an organization within the first five days there- after, the members of the house so failing shall be entitled to no compensation from the end of the said five days, until an organization shall have been effected. Sec. 12. Each house shall keep a journal of its proceed- ings, and publish the same. The yeas and nays, on any question, shall, at the request of any two members, be en- tered, together with the names of the members demanding the same, on the journal: Provided, That on a motion to adjourn, it shall require one-tenth of the members present to order the yeas and nays. Sec. 13. The doors of each house, and of committees of the whole, shall be kept open, except in such cases as, in the opinion of either house, may require secrecy. Sec. 14. Either house may punish its members for dis- orderly behavior, and may, with the concurrence of two- 470 APPENDIX. thirds, expel a member; but not a second time for the same cause. Sec. 15. Either house, during its session, may punish, by- imprisonment, any person not a member, who shall have been guilty of disrespect to the house, by disorderly or con- temptuous behavior in its presence ; but such imprisonment shall not, at any time, exceed twenty-four hours. Sec. 16. Each house shall have all powers necessary for a branch of the legislative department of a free and in- dependent state. Sec. 17. Bills may originate in either house, but may be amended or rejected in the other, except that bills for rais- ing revenue shall originate in the house of representatives. Sec. 18. Every bill shall be read by sections, on three several days in each house; unless, in case of emergency, two-thirds of the house where such bill may be depending shall, by a vote of yeas and nays, deem it expedient to dis- pense with this rule ; but the reading of a bill by sections, on its final passage, shall in no case be dispensed with : and the vote on the passage of every bill or joint resolution shall be taken by yeas and nays. Sec. 19. Every act shall embrace but one subject, and matters properly connected therewith; which subject shall •be expressed in the title. But if any subject shall be em- braced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title. Sec. 20. Every act and joint resolution shall be plainly worded, avoiding, as far as practicable, the use of technical terms. Sec. 21. No act shall ever be revised or amended by mere reference to its title; but the act revised, or section amended, shall be set forth and published at full length. CONSTITUTION OF THE STATE. 471 Sec. 22. The general assembly shall not pass local or special laws in any of the following ennmerated cases, that is to say: Eegulating the jurisdiction and duties of justices of the peace and of constables ; For the punishment of crimes and misdemeanors; Eegulating the practice in courts of justice; Providing for changing the venue in civil and criminal cases ; Granting divorces; Changing the names of persons ; For laying out, opening and working on, highways, and for the election or appointment of supervisors ; Vacating roads, town plats, streets, alleys and public squares ; Summoning and impaneling grand and petit juries, and providing for their compensation; Regulating county and township business ; Eegulating the election of county and township officers, and their compensation; For the assessment and collection of taxes for state, county, township or road purposes ; Providing for supporting common schools, and for the preservation of school funds ; In relation to fees or salaries ; except that the laws may be so made as to grade the compensation of officers in pro- portion to the population and the necessary services re- quired ; In relation to interest on money ; - . 472 APPENDIX, Providing for opening and conducting elections of state, county or township officers, and designating the places of voting ; Providing for the sale of real estate belonging to minors, or other persons laboring under legal disabilities, by execu- tors, administrators, guardians or trustees. Sec. 23. In all the cases enumerated in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be general and of uniform operation throughout the state. Sec. 24. Provisions may be made by general law, for bringing suits against the state, as to all liabilities originat- ing after the adoption of this constitution 5 but no special act authorizing such suit to be brought, or making compen- sation to any person claiming damages against the state, shall ever be passed. Sec. 25. A majority of all the members elected to each house shall be necessary to pass every bill or joint resolu- tion; and all bills and joint resolutions so passed shall be signed by the presiding officers of the respective houses. Sec. 26. Any member of either house shall have the right to protest, and to have his protest, with his reasons for dissent, entered on the journal. Sec. 27. Every statute shall be a public law, unless otherwise declared in the statute itself. Sec. 28. No act shall take effect until the same shall have been published and circulated in the several counties of this state, by authority, except in case of emergency; which emergency shall be declared in the preamble or in the body of the law. Sec. 29. The members of the general assembly shall re- ceive for their services a compensation, to be fixed by law; but no increase of compensation shall take effect during CONSTITUTION OF THE STATE. 473 the session at which such increase may be made. No ses- sion of the general assembly, except the first under this constitution, shall extend beyond the term of sixty-one days, nor any special session beyond the term of forty days. Sec. 30. No senator or representative shall, during the term for which he may have been elected, be eligible to any office, the election to which is vested in the general assem- bly, nor shall he be appointed to any civil office of profit, which shall have been created, or the emoluments of which shall have been increased, during such term; but this lat- ter provision shall not be construed to apply to any office elective by the people. ARTICLE V. EXECUTIVE. Section 1. The executive powers of the state shall be vested in a governor. He shall hold his office during four years, and shall not be eligible more than four years in any period of eight years. Sec. 2. There shall be a lieutenant-governor, who shall hold his office during four years. Sec. 3.» The governor and lieutenant-governor shall be elected at the times and places of choosing members of the general assembly. Sec. 4. In voting for governor and lieutenant-governor the electors shall designate for whom they vote as gov- ernor, and for whom as lieutenant-governor. The returns of every election for governor and lieutenant-governor shall be sealed up and transmitted to the seat of government, di- rected to the speaker of the house of representatives, who shall open and publish them in the presence of both houses of the general assembly. Sec. 5. The persons, respectively, having the highest number of votes for governor and lieutenant-governor, 474 APPENDIX. shall be elected ; but in case two or more persons shall have an equal and the highest number of votes for either office, the general assembly shall, by joint vote, forthwith pro- ceed to elect one of the said persons governor or lieutenant- governor, as the case may be. Sec. 6. Contested elections for governor or lieutenant- governor shall be determined by the general assembly, in such manner as may be prescribed by law. Sec. 7. No person shall be eligible to the office of gov- ernor or lieutenant-governor, who shall not have been five years a citizen of the United States, and also a resident of the state of Indiana during the five years next preceding his election ; nor shall any person be eligible to either of the said offices who shall not have attained the age of thirty years. Sec. 8. No member of congress, or person holding any office under the United States, or under this state, shall fill the office of governor or lieutenant-governor. Sec. 9. The official term of the governor or lieutenant- governor shall commence on the second Monday of Janu- ary, in the year one thousand, eight hundred and fifty-three ; and on the same day every fourth year thereafter. Sec. 10. In case of the removal of the governor from office, or of his death, resignation or inability to discharge the duties of the office, the same shall devolve on the lieu- tenant-governor ; and the general assembly shall, by law, provide for the case of removal from office, death, resig- nation, or inability, both of the governor and lieutenant- governor, declaring what officer then shall act as governor ; and such officer shall act accordingly until the disability be removed or a governor be elected. Sec. 11. Whenever the lieutenant-governor shall act as governor, or shall be unable to attend as president of the senate, the senate shall elect one of its own members as president for the occasion. COlSrSTITTJTION OF THE STATE. 475 Sec. 12. The governor shall be commander-in-chief of the military and naval forces, and may call ont such forces to execute the laws, or to suppress insurrection, or to repel invasion. Sec. 13. He shall, from time to time, give to the general assembly information touching the condition of the state, and recommend such measures as he shall judge to be ex- pedient. Sec. 14. Every bill which shall have passed the general assembly shall be presented to the governor; if he approve, he shall sign it, but if not, he shall return it, with his ob- jections, to the house in which it shall have originated, which house shall enter the objections at large upon its journals and proceed to reconsider the bill. If, after such reconsideration, a majority of all the members elected to that house shall agree to pass the bill, it shall be sent, with the governor's objections, to the other house, by which it shall, likewise be reconsidered, and if approved by a ma- jority of all the members elected to that house, it shall be a law. If any bill shall not be returned by the governor within three days, Sundays excepted, after it shall have been presented to him, it shall be a law without his signa- ture, unless the general adjournment shall prevent its re- turn, in which case it shall be a law unless the governor, within five days next after such adjournment, shall file such" bill, with his objections thereto, in the office of the secretary of state, who shall lay the same before the general assembly at its next session in like manner as if it had been returned by the governor. But no bill shall be presented to the gov- ernor within two days next previous to the final adjourn- ment of the general assembly. Sec. 15. The governor shall transact all necessary busi- ness with the officers of government, and may require any information in writing from the officers of the adminis- trative department, upon any subject relating to the duties of their respective offices. 476 APPENDIX. Sec. 16. He shall take care tliat tiie laws be faithfully executed. Sec. 17. He shall have the power to grant reprieves, commutations and pardons, after conviction, for all offenses except treason and cases of impeachment, subject to such regulations as may be provided by law. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the general assembly at" its next meeting, when the general assembly shall either grant a pardon, commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall have power to remit fines and forfeitures, under such regulations as may be prescribed by law, and shall report to the general assembly, at its next meeting, each case of reprieve, commutation, or pardon granted, and also the names of all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted : Provided, however. That the general assembly may, by law, constitute a council, to be composed of officers of state, without whose advice and consent the governor shall not have power to grant pardons, in any case, except such as may, by law, be left to his sole power. Sec. 18. When, during a recess of the general assembly, a vacancy shall happen in any office, the appointment to which is vested in the general assembly, or when, at any time, a vacancy shall have occurred in any other state office, or in the office of judge of any court, the governor shall fill such vacancy by appointment, which shall expire when a successor shall have been elected and qualified. • Sec. 19. He shall issue writs of election to fill such va- cancies as may have occurred in the general assembly. Sec. 20. Should the seat of government become danger- ous from disease or a common enemy, he may convene the general assembly at any other place. Sec. 21. The lieutenant-governor shall, by virtue of his office, be president of the senate, have a riglit, when in CONSTITUTION OF THE STATE. 477 committee of the whole, to join in debate, and to vote on all subjects, and, whenever the senate shall be equally divided, he shall give the casting vote. Sec. 22. The governor shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the term for which he shall have been elected. Sec. 23. The lieutenant-governor, while he shall act as president of the senate, shall receive for his services the same compensation as the speaker of the house of repre- sentatives; and any person acting as governor shall re- ceive the compensation attached to the office of governor. Sec. 24. Neither the governor nor lieutenant-governor shall be eligible to any other office during the term for which he shall have been elected. ARTICLE VI. ADMINISTRATIVE. Section 1. There shall be elected by the voters of the state, a secretary, an auditor, and a treasurer of state, who shall severally hold their offices for two years. They shall perform such duties as may be enjoined by law; and no person shall be eligible to either of said offices more than four years in any period of six years. Sec. 2. There shall be elected in each county, by the voters thereof, at the time of holding general elections, a clerk of the circuit court, auditor, recorder, treasurer, sher- itf, coroner and surveyor. The clerk, auditor and recorder shall continue in office four years ; and no person shall be eligible to the office of clerk, recorder or auditor more than eight years in any period of twelve years. The treasurer, sheriff, coroner and surveyor, shall continue in office two years ; and no person shall be eligible to the office of treas- urer or sheriff more than four years in any period of six years. 478 APPENDIX. Sec. 3. Such other county and township officers as may be necessary, shall be elected or appointed, in such manner as may be prescribed by law. Sec. 4. No person shall be elected or appointed as a county officer, who shall not be an elector of the county; nor any one who shall not have been an inhabitant thereof during one year next preceding his appointment, if the county shall have been so long organized; but if the coimty shall not have been so long organized, then within the limits of the county or counties out of which the same shall have been taken. Sec. 5. The governor, and the secretary, auditor and treasurer of state, shall, severally, reside and keep the pub- lic records, books and papers, in any manner relating to the respective offices^ at the seat of government. Sec. 6. All county, township and town officers shall re- side within their respective counties, townships and towns, and shall keep their respective offices at such places therein, and perform such duties as may be directed by law. Sec. 7. All state officers shall, for crime, incapacity or negligence, be liable to be removed from office, either by impeachment by the house of representatives, to be tried by the senate, or by a joint resolution of the general assem- bly ; two-thirds of the members elected to each branch vot- ing, in either case, therefor. Sec. 8. All state, county, township and town officers may be impeached, or removed from office in such manner as may be prescribed by law. Sec. 9. Vacancies in county, township and town offices shall be filled in such manner as may be prescribed by law. Sec. 10. The general assembly may confer upon the boards doing county business in the several counties, pow- ers of a local administrative character. CONSTITUTION OF THE STATE. ARTICLE VII. 479 Section 1. The judicial power of the state shall be vested in a supreme court, in circuit courts, and in such other courts as the general assembly may establish. Sec. 2. The supreme "court shall consist of not less than three, nor more than five judges ; a majority of whom shall form a quorum. They shall hold their offices for six years, if they so long behave well. Sec. 3. The state shall be divided into as many districts as there are judges of the supreme court, and such districts shall be formed of contiguous territory, as nearly equal in population as, without dividing a county, the same can be made. One of said judges shall be elected from each dis- trict, and reside therein ; but said judge shall be elected by the electors of the state at large. Sec. 4. The supreme court shall have jurisdiction, co-ex- tensive with the limits of the state, in appeals and writs of error, under such regulations and restrictions as may be prescribed by law. It shall also have such original juris- diction as the general assembly may confer. Sec. 5. The supreme court shall, upon the decision of every case, give a statement in writing of each question arising in the record of such case, and the decision of the court thereon. Sec. 6. The general assembly shall provide by law for the speedy x)ublication of the decisions of the supreme court, made under this constitution, but no judge shall be allowed to report such decision. Sec. 7. There shall be elected by the voters of the state, a clerk of the supreme court, who shall hold his office four years, and whose duties shall be prescribed by law. 480 APPENDIX. Sec. 8. The circuit courts shall each consist of one judge, and shall have such civil and criminal jurisdiction as may be prescribed by law. Sec. 9. The state shall, from time to time, be divided into judicial circuits, and a judge for each circuit shall be elected by the voters thereof. He shall reside within the circuit, and shall hold his office for the term of six years, if he so long behave well. Sec. 10. The general assembly may provide, by law, that the judge of one circuit may hold the courts of another cir- cuit, in cases of necessity or convenience; and in case of temporary inability of any judge, from sickness or other cause, to hold the courts in his circuit, provisions may be made, by law, for holding such courts. Sec. 11. There shall be elected, in each judicial circuit, by the voters thereof, a prosecuting attorney, who shall hold his office for two years. Sec. 12. Any judge or prosecuting attorney, who shall have been convicted of corruption or other high crime, may, on information in the name of the state, be removed from office by the supreme court, or in such other manner as may be prescribed by law. Sec. 13. The judges of the supreme court and circuit courts shall, at stated times, receive a compensation, which shall not be diminished during their continuance in office. Sec. 14. A competent number of justices of the peace shall be elected by the voters in each township in the sev- eral counties. They shall continue in office four years, and their powers and duties shall be prescribed by law. Sec. 15. All judicial officers shall be conservators of the jDeace in their respective jurisdictions. Sec. 16. No person elected to any judicial office shall, during the term for which he shall have been elected, be CONSTITUTION OF THE STATE. 481 eligible to any office of trust or profit under tlie state, other than a judicial office. Sec. 17. The general assembly may modify or abolish the grand jury system. Sec. 18. All criminal prosecutions shall be carried on in the name, and by the authority of the state ; and the style of all processes shall be ' ' The- state of Indiana. ' ' Sec. 19. Tribunals of conciliation may be established, with such powers and duties as shall be prescribed by law ; or the powers and duties of the same may be conferred upon other courts of justice; but such tribunals or other courts, when sitting as such, shall have no power to render judgment to be obligatory on the parties unless they volun- tarily submit their matters of difference and agi»ee to abide the judgment of such tribunal or court. Sec. 20. The general assembly, at its first session after the adoption of this constitution, shall provide for the ap- pointment of three commissioners, whose duty it shall be to revive, simplify and abridge the rules, practice, plead- ings and forms of the courts of justice,. And they shall provide for abolishing the distinct forms of action at law now in use; and that justice shall be administered in a uniform mode of pleading, without distinction between law and equity. And the general assembly may, also, make it the duty of said commissioners to reduce into a systematic code the general statute law of the state ; and said commis- sioners shall report the result of their labors to the gen- eral assembly, with such recommendations and suggestions, as to the abridgment and amendment, as to said commis- sioners may seem necessary or proper. Provision shall be made by law for filling vacancies, regulating the tenure of office and the compensation of said commissioners. Sec. 21. Every person of good moral character, being a voter, shall be entitled to admission to practice law in all courts of justice. 482 APPENDIX. ARTICLE VIII. EDUCATION. Section 1. Knowledge and learning generally diffused throughout a community, being essential to the preserva- tion of a free government, it shall be the duty of the gen- eral assembly to encourage, by all suitable means, moral, intellectual, scientific and agricultural improvement, and to provide by law for a general and uniform system of com- mon schools, wherein tuition shall be without charge, and equally open to all. Sec. 2, The common school fund shall consist of the con- gressional township fund, and the lands belonging thereto : The surplus revenue fund; The salitie fund, and the lands belonging thereto; The bank tax fund, and the fund arising from the one hundred and fourteenth section of the charter of the state bank of Indiana ; The fund to be derived from the sale of county semi- naries, and the moneys and property heretofore held for such seminaries ; from the fines assessed for breaches of the penal laws of the state ; and from all forfeitures which may accrue; All lands and other estate which shall escheat to the state for want of heirs or kindred entitled to the inherit- ance; All lands that have been or may hereafter be granted to the state, where no special purpose is expressed in the grant, and the proceeds of the sales thereof; including the proceeds of the sales of the swamp lands grauted to the state of Indiana by the act of congress, of the 28th of Sep- tember, 1850, after deducting the expense of selecting and draining the same; Taxes on the property of corporations that may be as- sessed by the general assembly for common school pur- poses. CONSTITUTIOlSr OF THE STATE. 483 Sec. 3. The principal of the common school fund shall remain a perpetual fund, which may be increased, but shall never be diminished; and the income thereof shall be in- violably appropriated .to the support of common schools, and to no other purpose whatever. Sec. 4. The general assembly shall invest, in some safe and profitable manner, all such portions of the common school fund as have not heretofore been entrusted to the several counties ; and shall make provisions, by law, for the distribution, among the several counties, of the interest thereof. Sec. 5. If any county shall fail to demand its proportion of such interest for common school purposes, the same shall be reinvested for the benefit of such county. Sec. 6. The several counties shall be held liable for the preservation of so much of the said fund as may be en- trusted to them, and for the payment of the annual interest thereon. Sec. 7. All trust funds held by the state shall remain inviolate, and be faithfully and exclusively applied to the purposes for which the trust was created. Sec. 8. The general assembly shall provide for the elec- tion, by the voters of the state, of a state superintendent of public instruction, who shall hold his office for two years, and whose duties and compensation shall be prescribed by law. ARTICLE IX. STATE INSTITUTIOIsrS. Section 1. It shall be the duty of the general assembly to provide by law for the support of institutions for the education of the deaf and dumb, and of the blind; and, also, for the treatment of the insane. Sec. 2. The general assembly shall provide houses of refuge for the correction and reformation of juvenile of- fenders. [31] 484 APPENDIX, Sec. 3. The county boards shall have power to provide farms as an asylum for those persons who, by reason of age, infirmity, or other misfortune, have claims upon the sympathies and aid of society. ARTICLE X. FINANCE. Section 1. The general assembly shall provide, by law, for a uniform and equal rate of assessment and taxation; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and per- sonal, excepting such only for municipal, educational, lit- erary, scientific, religious or charitable purposes, as may be specially exempted by law. Sec. 2. All the revenues derived from the sale of any of the public works belonging to the state, and from the net annual income thereof, and any surplus that may, at any time, remain in the treasury derived from taxation for gen- eral state purposes, after the payment of the ordinary ex- penses of the government, and of the interest on bonds of the state, other than bank bonds, shall be annually applied, under the direction of the general assembly, to the payment of the principal of the public debt. Sec. 3. No money shall be drawn from the treasury but in pursuance of appropriations made by law. Sec. 4. An accurate statement of the receipts and ex- penditures of the public money shall be published with the laws of each regular session of the general assembly. Sec. 5. No law shall authorize any debt to be contracted, on behalf of the state, except in the following cases: To meet casual deficits in the revenue; to pay the interest on the state debt ; to repel invasion, suppress insurrection, or, if hostilities be threatened, provide for public defense. Sec. 6. No county shall subscribe for stock in any incor- porated company, unless the same be paid for at the time CONSTITUTION OF THE STATE. 485 of sucli subscription; nor shall any county loan its credit to any incorporated company, nor borrow money for the purpose of taking stock in any such company; nor shall the general assembly ever, on behalf of the state, assume the debts of any county, city, town or township, nor of any corporation whatever. Sec. 7. No law or resolution shall ever be passed by the general assembly of the state of Indiana that shall recog- nize any liability of this state to pay or redeem any cer- tificate of stock issued in pursuance of an act entitled '^An act to provide for the funded debt of the state of Indiana, and for the completion of the Wabash and Erie Canal to Evansville, " passed January 19, 1846, and an act supple- mental to said act, passed January 29, 1847, which by the provisions of the said acts, or either of them, shall be pay- able exclusively from the proceeds of the canal lands, and the tolls and revenues of the canal in said acts mentioned; and no such certificates of stocks shall ever be paid by this state. [Note. — Agreed to by a majority of the members elected to each of the two houses of the general assembly, regular session of 1871, and re- ferred to the general assembly to be chosen at the next general election. Agreed to by a majority of the members elected to each house of the gen- eral assembly, special session of 1872. Submitted to the electors of the state by an act approved January 28, 1873. Ratified by a majority of the electors, at an election held on the 18th day of February, 1873. Declared a part of the constitution by proclamation of Thomas A. Hendricks, gov- ernor, dated March 7, 1873.] ARTICLE XI. CORPORATION. Section 1. The general assembly shall not have power to establish, or incorporate any bank or banking company, or moneyed institution, for the purpose of issuing bills of credit, or bills payable to order or bearer, except under the conditions prescribed in this constitution. Sec. 2. No bank shall be established otherwise than un- der a general banking law, except as provided in the fourth section of this article. 486 APPENDIX. Sec. 3. If the general assembly shall enact a general banking law, such law shall provide for the registry and countersigning, by an officer of state, of all paper credit designed to be circulated as money; and ample collateral security, readily convertible into specie, for the redemp- tion of the same in gold or silver, shall be required ; which collateral security shall be under the control of the proper officer or officers of the state. Sec. 4. The general assembly may also charter a bank with branches, without collateral security, as required in the preceding section. Sec. 5. If the general assembly shall establish a bank with branches, the branches shall be mutually responsible for each other's liabilities, upon all paper credit issued as money. Sec. 6. The stockholders in every bank, or banking com- pany, shall be individually responsible to an amount over and above their stock, equal to their respective shares of stock, for all debts or liabilities of said bank or banking company. Sec. 7. All bills or notes issued as money shall be, at all times, redeemable in gold or silver; and no law shall be passed, sanctioning, directly or indirectly, the suspension, by any bank or banking company, of specie payments. Sec. 8. Holders of bank notes shall be entitled, in case of insolvency, to preference of payment over all other cred- itors. Sec. 9. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to in- dividuals loaning money. Sec. 10. Every bank, or banking company, shall be re- quired to cease all banking operations within twenty years from the time of its organization, and promptly thereafter to close its business. CONSTITUTION OF THE STATE. 487 Sec. 11. The general assembly is not prohibited from in- vesting the trust funds in a bank with branches; but in case of such investment, the safety -of the same shall be guaranteed by unquestionable security. Sec. 12. The state shall not be a stockholder in any bank, after the expiration of the present bank charter ; nor shall the credit of the state ever be given, or loaned, in aid of any person, association, or corporation, nor shall the state hereafter become a stockholder in any corporation or association. Sec. 13. Corporations, other than banking, shall not be created by special act, but may be formed under general laws. Sec. 14. Dues from corporations, other than banking, shall be secured by such individual liability of the corpor- ators, or other means, as may be prescribed by law. ARTICLE XII. MILITIA. Section 1. The militia shall consist of all able-bodied white male persons between the ages of eighteen and forty- five years, except such as may be exempted by the laws of the United States, or of this state; and shall be organized, officered, armed, equipped and trained in such manner as may be provided by law. Sec. 2. The governor shall appoint the adjutant, quar- termaster and commissary generals. Sec. 3. All militia officers shall be commissioned by the governor, and shall hold their offices not longer than six years. Sec. 4. The general assembly shall determine the meth- od of dividing the militia into divisions, brigades, regi- ments, battalions and companies, and fix the rank of all staff officers. 488 APPENDIX. Sec. 5. The militia may be divided into classes of seden- tary and active militia in such manner as shall be pre- scribed by law. Sec. 6. No person conscientiously opposed to bearing arms shall be compelled to do militia duty ; but such person shall pay an equivalent for exemption; the amount to be prescribed by law. ARTICLE XIII. POLITICAL AND MUNICIPAL OOEPORATIONS. Section 1. No political or municipal corporations in this state shall ever become indebted, in any manner or for any purpose, to any amount, in the aggregate exceeding two per centum on the value of taxable property within such cor- poration, to be ascertained by the last assessment for state and county taxes, previous to the incurring of such indebt- edness, and all bonds or obligations, in excess of such amount, given by such corporations, shall be void: Pro- vided, That in time of war, foreign invasion, or other great public calamity, on petition of a majority of the property owners, in number and value, within the limits of such corporation, the public authorities, in their discretion, may incur obligations necessary for the public protection and defense, to such an amount as may be requested in such petition. [The original article 13 is stricken out and ttie amendment of March 24, 1881, inserted in lieu thereof.] ARTICLE XIV. BOUNDABIES. Section 1. In order that the boundaries of the state may be known and established, it is hereby ordained and de- clared that the state of Indiana is bounded on the east by the meridian line which forms the western boundary of the state of Ohio ; on the south by the Ohio river, from the mouth of the Great Miami river to the mouth of the Wabash CONSTITUTION OF THE STATE. 489 river ; on the west, by a line drawn along the middle of the Wabash river, from its mouth to a point where a due north line, drawn from fke town of Vincennes, would last touch the northwestern shore of said Wabash river; and thence by a due north line, until the same shall intersect an east and west line, drawn through a point ten miles north of the southern extreme of Lake Michigan; on the north, by said east and west line, until the same shall intersect the first-mentioned meridian line, which forms the western boundary of the state of Ohio. Sec. 2. The state of Indiana shall possess jurisdiction, and sovereignty co-extensive with the boundaries declared in the preceding section; and shall have concurrent juris- diction, in civil and criminal cases, with the state of Ken- tucky on the Ohio river, and with the state of Illinois on the Wabash river, so far as said rivers form the com- mon boundary between this state and said states respec- tively. ARTICLE XV. MISCELLANEOUS. Section 1. All officers whose appointment is not other- wise provided for in this constitution, shall be chosen in such manner as now is, or hereafter may be, prescribed by law. ■ 1 ■ ■ , ! • ' ; Sec. 2. When the duration of any office is not provided for by this constitution, it may be declared by law ; and if not so declared, such office shall be held during the pleasure of the authority making the appointment. But the general assembly shall not create any office, the tenure of which shall be longer than four years. Sec. 3. Whenever it is provided in this constitution, or in any law which may be hereafter passed, that any officer, other than a member of the general assembly, shall hold his office for any given term, the same shall be construed to mean that such officer shall hold his office for such term, 490 APPENDIX. and until his successor shall have been elected and quali- fied. Sec. 4. Every person elected or appointed to any office under this constitution shall, before entering on the duties thereof, take an oath or affirmation to support the constitu- tion of this state and of the United States, and also an oath of office. Sec. 5. There shall be a seal of the state, kept by the governor for official purposes, which shall be called the seal of the state of Indiana. Sec. 6. All commissions shall issue in the name of the state, shall be signed by the governor, sealed by the state seal, and attested by the secretary of state. Sec. 7. No county shall be reduced to an area less than four hundred square miles; nor shall any county under that area be further reduced. Sec. 8. No lottery shall be authorized, nor shall the sale of lottery tickets be allowed. Sec. 9. The following grounds owned by the state in Indianapolis, namely: the state house square, the gover- nor's circle, and so much of outlot numbered one hundred and forty-seven as lies north of the arm of the central canal, shall not be* sold or leased. Sec. 10. It shall be the dutj^ of the general assembly to provide for the permanent enclosure and preservation of the Tippecanoe battle ground. ARTICLE XVI. AMENDMENTS. Section 1. Any amendment or amendments to this con- stitution may be proposed in either branch of the general assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall, with the yeas CONSTITUTION OF THE STATE. 491 and nays thereon, be entered on their journals and referred to the general assembly to be chosen at the next general election; and, if in the general assembly so next chosen, snch proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the general assembly to submit such amendment or amendments to the electors of the state, and if a majority of said electors shall ratify the same, such amendment or amendments shall become a part of thi^ constitution. Sec. 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately; and while such an amendment or amendments which shall have been agreed upon by one general assembly, shall be awaiting the action of he suc- ceeding general assembly, or of the electors, no additional amendment or amendments shall be proposed. SCHEDULE. This constitution, if adopted, shall take effect on the first day of November, in the year one thousand eight hundred and fifty-one, and shall supersede the constitution adopted in the year one thousand eight hundred and sixteen. That no inconvenience may arise from the change in the govern- ment, it is hereby ordained as follows : First. All laws now in force, and not inconsistent with this constitution, shall remain in force until they shall ex- pire or be repealed. Second. -All indictments, prosecutions, suits, pleas, plaints and other proceedings pending in any of the courts, shall be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari and injunctions shall be carried on in the several courts, in the same manner as is now provided by law. 492 APPENDIX. Third. All fines, penalties and forfeitures, due or accru- ing to the state, or to any county therein, shall inure to the state, or to such county in the manner prescribed by law. All bonds executed to the state, or to any officer, in his official capacity, shall remain in force, and inure to the use of those concerned. Fourth. All , acts of incorporation for municipal pur- poses shall continue in force under this constitution, until such time as the general assembly shall, in its discretion, modify or repeal the same. Fifth. The governor, at the expiration of the present official term, shall continue to act until his successor shall have been sworn into office. Sixth. There shall be a session of the general assembly, commencing on the first Monday of December, in the year one thousand eight hundred and fifty-one. Seventh. Senators now in office and holding over, under the existing constitution, and such as may be elected at the next general election, and the representatives then elected, shall continue in office until the first general elec- tion under this constitution. Eighth. The first general election under this constitu- tion shall be held in the year one thousand eight hundred and fifty-two. Ninth. The first election for governor, lieutenant-gov- ernor, judges of the supreme court and circuit courts, clerk of the supreme court, prosecuting attorney, secretary, audi- tor, and treasurer of state, and state superintendent of public instruction, under this constiiution, shall be held at the general election in the year one thousand eight hun- dred and fifty-two; and such of said officers as may be in office when this constitution shall go into effect, shall con- tinue in their respective offices until their successors shall have been elected and qualified. CONSTITUTION OF THE STATE. 493 Tenth. Every person elected by popular vote, and now in any office which is continued by this constitution, and every person who shall be so elected to any such office be- fore the taking effect of this constitution (except as in this constitution otherwise provided), shall continue in office until the term for which such person has been, or may be, elected, shall expire : Provided, That no such person shall continue in office after the taking effect of this constitution, for a longer period than the term of such office in this con- stitution prescribed. Eleventh. On the taking effect of this constitution, all officers thereby continued in office shall, before proceeding in the further discharge of their duties, take an oath or affirmation to support this constitution. Twelfth. All vacancies that may occur in existing offices prior to the first general election under this constitution, shall be filled in the manner now prescribed by law. Thirteenth. At the time of submitting this constitution to the electors for their approval or disapproval, the article numbered thirteen, in relation to negroes and mulattoes, shall be submitted as a distinct proposition, in the follow- ing form: ''Exclusion and colonization of negroes and mulattoes," ''Aye," or "No." And if a majority of the votes cast shall be in favor of said article, then the same shall form a part of this constitution, otherwise it shall be void and form no part thereof. Fourteenth. No article or section of this constitution shall be submitted as a distinct proposition to a vote of the electors otherwise than as herein provided. Fifteenth. Whenever a portion of the citizens of the counties of Perry and Spencer shall deem it expedient to form, of the contiguous territory of said counties, a new county, it shall be the duty of those interested in the or- ganization of such new county, to lay off the same by 494 APPENDIX. proper metes and bounds of equal portions as nearly as practicable, not to exceed one-third of the territory of each of said counties. The proposal to create such new county shall be submitted to the voters of said counties, at a gen- eral election, in such manner as shall be prescribed by law. And if a majority of all the votes given at said election shall be in favor of the organization of said new county, it shall be the duty of the general assembly to organize the same out of the territory thus designated. Sixteenth. The general assembly may alter or amend the charter of Clarksville, and make such regulations as may be necessary for carrying into effect the objects con- templated in granting the same, and the funds belonging to said town shall be applied according to the intention of the grantor. Done in convention, at Indianapolis, the tenth day of February, in the year of our Lord, one thousand eight hun- dred and fifty-one, and of the independence of the United States, the seventy-fifth. Geoege Whitepield Care, President and Delegate from the County of Lawrence. Attest: Wm. H. English, Principal Secretary. Geo, L. Sites, Herma^st G. Barkwell, Robert M. Evaws, Assistant Secretaries. ADDENDA The original sections stricken out or amended read as follows : ARTICLE II. SUFFRAGE AND ELECTION, Section 2, In all elections, not otherwise provided for by this consti- tution, every white male citizen of the United States, of the age of twenty- one years and upwards, who shall have resided in the state during the six months immediately preceding such election ; and every white male, of foreign birth of the age of twenty-one years and upwards, who snail have resided in the United States one year, and shall have resided in this state during the six months immediately preceding such election, and shall have declared his intention to become a citizen of the United States, conform- ably to the laws of the United States on the subject of naturalization, shall be entitled to vote in the township or precinct where he may reside. Sec, 5, No negro or mulatto shall have the right of suffrage. Sec 14. All general elections shall be held on the second Tuesday in October. ARTICLE IV. LEGISLATIVE. Section 4. The general assembly shall, at its second session after the adoption of this constitution, and every six years thereafter, cause an enumeration to be made of all the white male inhabitants over the age of twenty-one years. Sec 5. The number of senators and representatives shall, at the ses- sion next following each period of making such enumeration, be fixed by law, and apportioned among the several counties, according to the num- ber of white male inhabitants, above twenty-one years of age, in each ; Provided, That the first and second elections of members of the general assembly, under this constitution, shall be according to the apportionment last made by the general assembly, before the adoption of this constitution. Sec. 22. In relation to fees or salaries. (495) 496 APPENDIX. ARTICLE VII. JUDICIAL. Section 1. The judicial power of the state shall be vestea m a su- preme court, in circuit courts, and in such inferior courts as the general assembly may establish. ARTICLE XIII. NEGROES AND MULATTOES. Section 1. No negro or mulatto shall come into, or settle in, the state, after the adoption of this constitution. Sec 2. All contracts made with any negro or mulatto coming into the state, contrary to the provisions of the foregoing section, shall be void ; and any person who shall employ such negro or mulatto, or otherwise en- courage him to remain in the state, shall be fined in any isum not less than ten dollars, nor more than five hundred dollars. Sec. 3. All fines which may be collected for a violation of the pro- visions of this article, or of any law which may hereafter be passed for the purpose of carrying the same into execution, shall be set apart and appropriated for the colonization of such negroes and mulattoes, and their descendants, as may be in the state at the adoption of this constitution, and may be willing to emigrate. Sec. 4. The general assembly shall pass laws to carry out the pro- visions of this article. INDEX TO CONSTITUTION. PAGE. CONSTITUTION OF INDIANA 459 Addenda 495 Administrative 477 Amendments 490 Bill of rights 4G0 Boundaries 488 Corporation 485 Distribution of powers 467 Education 482 Executive 473 Finance 484 Historical slietcli 459 Judicial , 479 Legislative 467 Militia 487 Miscellaneous 489 Political and municipal corporations 488 Preamble 460 Schedule 491 State institutions 483 Suffrage and election 464 mi) SCHOOL LAWS ENACTED J905 AND 1907, 1903. SEC. PAGE 1. County commissioners may accept donations for higli scliools. . . . 27S 2. Election of city and town scliool trustees 108 3. Funding of township indebtedness 197 4. Laud sales by county auditor — Legalizing acts — Acts :i 905 12 5. Public library commission 273 6. Qualifications and salary of county superintendent 69 7. Scliool funds — Expense in making loans 398 8. Special school tax used to pay teachers 147 9. State aid to corporations which are unable to conduct schools of minimum length of term 171, 286 10. Tax to complete town school house and to support town schools. . 152 11. Ten-year state text-book contracts 58 12. Traffic in examination questions 82 13. Transfer of school property in cities of over 100,000 228 14. Uses of fund 174, 288 1907. 1. Abandonment of small schools 138 2. Advertisement of amount of common school fund by county auditor 368 3. Appropriation of real estate — Petition 280 4. Bond issue for schools , 188 5. Bonds for building purposes — Trustees 195 6. Bonds for cities or towns 191 7. Bonds for school buildings — Second-class cities 189 8. Bonds — Funds for building 232 9. Common schools defined 133 10. Farmers' institutes 448 11. Flags in schools 285 12. High school studies 133 13. InstituJ;es, county — Expenses 291 14. Janitors — Care and management of school property 131 15. 'Minimum wages of teachers 261 16. Orphans' home — Transfer of children to 166 17. Pension fund for teachers in cities 230 18. Sale and distribution of state text-books 62 19. Sale of school property by township trustee 271 20. Secret societies — Unlawful 325 21. Special school fund 284 (498) SCHOOL LAW OF INDIANA. 499 SEC. PAGE 21. State aid to corporations to extend length of term 173 Duties of superintendent and auditor 2S7 22. State library — Legislative reference department 45S 23. State tax levy 147, 171 24. State teacliers' training board ■. 27 25. Surplus 174 26. Towns — Funds for building— Bonds 192 27. Township trustee and advisory board — Legalizing act 284, 344 28. Transfer money from bonds to special school revenue 153, 288 29. Transfer of school children 163 30. Transportation of p\ipils to other schools 138 [32] INDEX, ABANDONMEN^J" OF SCHOOLS— PAGE SEC. Consent of voters 137 147 Conveyance of town property to trustee 115 127 Discontinuance and abandonment of small schools 138 148 Districts or corporations 137 146 Town schools 115 126 Transportation of pupils to other schools 138 147 Trustees take charge of town schools 116 128 ADVISORY BOARD— Appointment of first meiiabers of 343 476 Annual meeting of 334 466 Annual settlement with trustees. 339 471 Compensation of 337 469 Contracts void 343 475 Duties of 333 464 Election, organization and meetings of 333 464 Emergency for action 135 142 Estimates of, expenditures 336 467 Expenditures and tax levy 334 466 Makes levies and provides funds 198 245 Special meetings of 337 469 Taxpayers may attend sessions 334 465 Trustees, salaries allowed by 342 474 Use of sinking fund legalized 284 375 APPORTIONMENT— Adjustment of tuition indebtedness in counties 167 193 Among counties 171 201 By county auditor 176 213 County superintendent's duty concerning 97 115 Of 5.2 of fund 172 202 Of revenue from land sales 355 490 Of state tax levy 171 200 Of state tuition revenue 169 195 Payment of excess of 175 211 Payinent of state tuition revenue to counties 175 210 Report to county auditor by county superintendent 95 113 Unapportioned balance 176 212 (500) INDEX. 501 AUDITOR OF COUNTY— page sec. Account of congressional township 354 489 Account of funds 350 482 Account of readjustment 355 492 Adjusts tuition indebtedness 167 193 Advertises funds 361-368 508-528 Appoints appraisers 369 351 Apportionmect by 176 213 Approves bond for loan of school fund 374 544 Bid of 386 563 Brings suit to foreclose 390 571 Cancels mortgages 393 578 Causes mortgages to be recorded 378 550 Certificate of purchase, make, sign and record 362 511 Clerk at election of county superintendent 65 89 Collection and distribution — Enumeration 355 490 Collection on default. 379 553 Collects rent, authorized to 391 573 Commissioners order real estate to be sold by 392 574 Considers transfers in apportionment of tuition fund . . . 163 186 County superintendent files bond vv^ith 65 89 Distribution and report of school funds 397 585 Draws warrant in favor of borrower 382 557 Duties as to defective assignments 364 515 Duties of other auditor 355 491 Duty as to distribution of tuition fund 163 186 Duty as to loans 369 530 Endorses receipts on certificate of purchase 365 520 Failure to perform duty — Penalty 368 529 Failure to report — Penalty 170 199 Gives notice of sale 384 561 Indorsement for payment 383 559 Issues warrant in favor of other counties 373 540 Loans fimds outside of county 370 533 May bring suit on note 378 552 May issue a new certificate of purchase 365 518 May summon trustee to appear 146 167 Penalty for failure to distribute. 397 586 Petition to sell land, filed with 366 524 Places certificate before commissioners 358 500 Power to administer oaths 377 548 Power to sell land 359 502 Quietus for payment 382 558 Reports of lands made to 351 483 Reports number of children in congressional township.. 354 488 Report to county commissioners 394 579 Report to state superintendent of public instruction.,., 169 196 502 SCHOOL LAW OF INDIANA. AUDITOR OF COUNTY— Continued. page sec. School board shall file bond with 195 240 Sells mortgage to highest bidder 384 364 Shall bring suit on note 383 560 Shall issue deed; 365 521 366 523 389 507 393 575 Transfer of funds from one comity to another 374 343 Trustee certifies report to 355 499 Votes in election of county superintendent in case of tie. 65 89 BIBLE 243 316 BONDS— Additional issue for schools 188 224 Auditor of school board must give 218 272 Book contractor's 59 74 Book contractor's (new) 59 76 Business director's 216 266 Cities and towns may issue. 186 221 County school superintendent's 37 -41 County school superintendent's (special) 44 53 For school buildings 181 216 For school buildings in cities between 45,000 and 55,000. 240 312 For school buildings in cities of less than 5,000 195 239 For school buildings in cities of second class 189 225 For school buildings in towns of 2,000 or under 192 232 For school property— Cities of more than 100,000 224 283 For women 324 449 In cities of 30,000 or more 205 254 In series— Tijne of 190 226 Proceeds of 241 314 Refunding 193 233 Sale of, by township trustee 275 358 School trustees' 188 223 193 234 195 240 241 213 School trustees may issue for cities and towns 191 229 School trustees may issue levy to pay 191 230 Tax for redemption of 190 227 Tax to pay 188 222 Township trustees may issue 196 241 197 244 Township trustee's 116 129 INDEX. 503 BONDS— Continued. page sec. Transfer of money from bonds to school revenue 153 177 288 287 Use and proceeds of 183 217 CITY SUPERINTENDENT— Election of, in cities of 100,000 or more 214 204 Employed by school trustees 131 136 Paid from special school revenue 131 136 School boards prescribe duties of 131 136 Shall issue success grades to teachers 87 105 Shall teach scientific temperance 250 325 Shall visit teachers 87 104 COLORED CHILDREN— Separate school for 245 319 COMPULSORY EDUCATION— See truancy. COUNTY BOARD OF EDUCATION— Change text-books 99 120 Meet semi-annually 99 120 Meet with county commissioners 279 3G5 COUNTY SUPERINTENDENT— Annual report 94 112 Appeals from, to state superintendent 328 446 Appeals from township trustees to 321 445 Appeal to state superintendent on success grade 90 106 Apportionment report to county auditor 95 113 Authorized to administer oaths 324 447 Bond of 65 89 City schools exempt from supervision of 94 111 County board meets at office of 99 120 Duties as to apportionment 97 115 Duties as to school fund 97 116 Election of 65 89 Eligibility of 69 90 Embezzlement of 38 44 Enumeration, duties in 93 110 Examination for graduation, ?hall hold 91 108 Examination of trustee and his books, shall make 146 167 Examines teachers 72 95 Failure to report 45 55 51 66 52 67 504 SCHOOL LAW OF INDIANA. COUNTY SUPERINTENDENT— Continued. page sec. General duties of 92 109 Impeaciiment 71 93 crakes quarterly book reports 36 39 May revoke license 78 76 Official dockets, records, etc., open to 97 116 Office supplies, compensation 72 94 Per diem for services 68 91 Reports from school trustees to 144 162 Reports to book contractors 37 42 44 54 51 65 Shall conduct teachers' institutes 291 388 Shall enter suit for book settlement 36 40 Shall issue success grade 87 104, 105 Shall keep record of applicants for licenses 82 99 86 102 Shall keep record of proceedings 82 99 Shall not conduct private normal 98 117 Shall preside at meetings of county board 99 120 Shall report to state superintendent 82 99 Shall supply sufficient books 50 63 Shall visit teachers 87 104 Shall vote on all questions 99 120 Special bond of 37 41 44 53 State license 83 100 DONATIONS AND BEQUESTS— Acceptance authorized 276 359 Bequests for school buildings for cities of more than 5,000 275 356 Conditional gift 276 359 Duties of trustees 280 366 For high schools 278 364 Identity of, not to be lost 278 363 Income from 276 361 Trustee for 277 362 Trustees of 279 365 ENUMERATION— Enumeration in congressional townships. 354 488 Items to record in taking 331 462 Reports^ where iiled, retaking 165 188 Reports of 94 112 When taken 93 110 Exemption from 86 101 For state license ,.,,,,,,,,,.. • 83 100 INDEX. 505 EXAMINATIONS — PAGE SEC. In scieiitiflc temperance necessary 250 324 Record of 86 102 Special 265 343 Traffic in examination questions 82 98 FLAGS- Deslruction or mutilation of 286 378 Display of 285 377 Duty of school trustee as to 285 '376 Penalty for mutilation 286 379 FUNDS— Advertisement of 361 508 368 528 Account of 350 482 Amount of loan 371 536 Apportionment of interest on 97 115 Apportionment of loans 396 583 Appropriation for fund by county commissioners 388 566 Auditor's duty toward 354 489 Auditor shall draw his warrant for 373 540 Cancellation of school fund mortgage 393 578 Certificates as to liens on funds 374 544 Collection on default 379 553 Common school 8 2 Control of teachers' pension fund 232 295 Conveyance of land on account of school 390 570 County board of commissioners to examine report of . . . 394 580 County may borrow 372 538 Deficiency fund for minimum term 112 202 Deficiency funds for aiding schools 286 380 Duty of auditors in other counties 355 491 Duty of county council when borrowing 372 539 Duty of county superintendent as to 97 116 Endorsement and satisfaction 383 559 Estrays and property adrift, transferred to 349 480 Expense in making loans of 398 587 Form of note 382 556 Form of mortgage 380 555 Fund to be specified .• 380 554 Interest on sinking fund 179 214 Interest unpaid 378 552 Investment and distribution of 10 4 Investment — Teachers' pension fund 234 296 Land of surplus revenue fund, how sold 367 526 Lease of land purchased b91 573 Length of time of loan 372 537 506 SCHOOL LAW OF INDIANA. FUNDS — Continued. page sec. Levy to pay 198 245 Liability for funds 174 206 288 383 Liability of counties 11 6 349 481 Limit of loan . 371 535 376 547 Loaning of, by county auditor 369 530 Loans of school and university funds 371 534 Loans outside of county 3'(0 533 Miscellaneous school fund account 396 584 Oath of applicant on abstract of title 375 545 Payment of loan 373 542 Payments, quietus 382 558 Principal, a perpetual fund 10 3 Proceeds of timber sales transferred to 358 501 Purchase of laud by county 391 572 Rate of interest 373 541 Reappraisement of forfeited kinds 388 565 Record of mortgages 377 549 Reinvestment of 11 5 Report of county a uditor to treasurer on 394 579 Report of distribution of school funds 397 585 Sale of lands bought on account of school funds >. 387 564 Sinking fund and teachers' pension fund 234 297 Special school fund, teachers' pension fund 284 374 Suit for deficiency 383 560' Suit to foreclose 390 57J Supervision of 16 16 Supplemental act concerning collection fund S93 577 Supplementary tuition fund 150 173 Surplus dog tax 179 215 Suri'Ius of deficiency fund 174 207 288 384 Teachers' pension, cities of 100,000 or more. 230 293 Time of loan 376 54G Transfer of lands from one comity to another 374 543 Trust funds inviolate 11 7 Uses of funds by school trustees 174 205 288 882 Uses of teachers' — Teachers' pension fund 2-34 298 Warrant to borrow 382 557 What constitutes 346 479 HIGH SCHOOLS— Defined 133 138 Studies enumerated 133 139 Uniform course of non-commissioned 133 138 Studies enumerated 133 139 INDEX. 507 INDIANA UNIVERSITY— PAGE sec. Abstract of title 422 664 Accounts — Reports 425 679 Accounts with borrowers 425 680 Agricultural department 418 650 Amount of tax — Division 452 756 Annual meeting 412 627 Annual meeting of alumni 411 626 Application of fund 405 610 Appraisement of lauds 429 693 Auditor of state's duty as to loans' 419 656 436 722 Auditor's duty 422 666 Auditor's report 433 710 Board of visitors 414 637 Bond of state 406 611 Buildings and repairs 417 648 Cercifieate assignable 431 702 Certificate as to liens 422 663 Certificate of payment— Patent 426 683 Certificate of purchase 430 700 Certificate to be registered 431 701 Commissioners' dutj^ 427 686 Commissioners' report 427 685 Contents of report 417 646 Counties pay interest 437 723 County auditors loan 436 721 County students 414 634 Disposition of proceeds 434 715 Duties of secretary 415 640 Duties of treasurer 415 641 Duties of visitors 415 639 Duty of county auditors 429 694 Extension of payments 428 690 Faculty— Powers 413 631 Fees and damages 425 678 Forfeited lands 428 692 Forfeiture 431 703 Forfeiture, how prevented 428 691 431 705 Form of mortgage 420 658 Form of note 420 658 Fund, how derived — Loans 419 655 Geological examinations and specimens 416 644 Interest 421 660 Interest on loans 413 630 Interest, when loaned 425 681 Judgment ,. 423 669 508 SCHOOL LAW OF INDIANA. INDIANA UNIVERSITY— Continued. page" sec. Leases 426 684 Lectures by faculty 416 643 Library 418 653 Land, how redeemed 432 706 Limit of bid— Overplus 424 673 Loans 484 714 Loans, by state auditor 406 611 Loans, liow collected 423 668 Loans, security 420 659 Metliod of voting by alumni 411 626 Mortgage taken by state auditor. 407 613 Nomination of trustees 411 624 No religious qualification 413 682 Normal department 417 649 No sectarian tenets 414 633 428 470 Notice of sale 429 696 Notice of sessions 417 647 Notice to counties 414 635 No Lrustee to deal in the lands 435 718 One trustee to attend sales 485 717 Patent on full payment 432 709 Patents and recording 427 688 Patents for managing fund 427 689 Pay for managing fund 427 689 Payment 422 666 Pay of auditor and treasurer . , 433 713 Pay of commissioners 427 687 Pay of trustees 409 619 Permanent fund not alTected 453 757 Perpetual scholarsliips 418 652 Printing annual report 416 645 Priority of mortgage 421 661 Private entry 430 699 Quorum— Temporary appointments 412 628 Recognized , 405 608 Recording of mortgage 421 662 Registry of alumni '. . 410 623 Report of sales 4-34 7l6 Report to state superintendent of public instruction. . . . 416 642 Sale 423 671 429 - G97 Sale for cash— Certificate 424 676 Sale on credit 425 677 Satisfaction 422 667 Scholarship transf eral)le 41 8 651 Security , ^ 432 707 INDEX. 509 INDIANA UNIVERSITY— Continued. page sec. Seminary township 412 629 State geologist 419 654 State may borrow fund 407 614 Statement of sale 424 674 State treasurer collects loans 436 720 Suit for deficiency after sale 437 724 Suit foi waste 432 70S Surplus .' 481 704 Tax for endowment fund 405 609 Terms of sale 430 698 The firsi meeting of trustees 409 617 The first trustees 408 616 Title in state without deed 424 675 To pay money to state treasurer 433 712 Treasurer's bond 414 636 Treasurer's report 433 711 Trustees — Corporate name — Officers — Powers 408 615 Trusteeti of 409 620 Trustees' terms expiring 1891 — Successors 409 621 Trustees' terms expiring 1893 — Siiccessors 410 622 Trustees to get information 435 719 Unsold lands 426 682 Vacancies 409 618 Visitors not attending to be reported 414 638 When auditor to buy — Resale 424 672 INDIGENT CHILDREN— Appropriations for 247 321 Assistance rendered to 329 - 458 Branches taught 247 322 Confirmed truant 330 460 Duty of matron toward ' 246 .820 Parental home — Incorrigible child 330 459 INSTITUTES— Expenses of 291 388 Schools close for 291 388 Sessions of 292 390 Township 290 387 KINDERGARTEXS— Examination for teachers of 24 Note on. May be established 139 151 Tax lor 139 152 Taxes, how coll<.3eted and how distributed 140 ■ 153 LIBRARIES— Commission, Library — • Advice 296 397 Annual appropriation — Expenses 295 396 510 SCHOOL LAW OF INDIANA. lylBRAIMES— Continued. Commission, Library — page sec. Library association 295 39o Members of commission not to be publisliers 298 401 Purchase of boolts — ApprojDriation 294 394 Duties — Traveling libraries 293 392 In Cities or Towns — Acceptance of library 314 428 Certificate of oppointment — Oath 309 417 Donation of library 312 423 In certain cities 299 403 Library fund SlG 432 Libraries in cities of 3,500 to 4,000 314 427 Library tax in cities of 15,000 to 30,000 303 412 Library tax in cities of 30,000 301 409 Members of board — Appointment — Qualifications.. 307 416 Official documents . . . » 298 400 Organization 309 418 Parks used for library buildings 300 407 Payment of taxes . 315 429 Powers of board 310 419 Prior acts legalized 300 408 Privileges of library 315 430 Real estate 300 405 Removal of directors 316 431 Removal of members of board 313 424 Subscription collected — Building cax 310 420 Subscription filed with clerk 307 415 Tax for — Subscription 305 414 Tax-How used 311 421 Tax to maintain 299 404 Township may use 312 422 Treasurer's report 313 425 Use of library — Certificates of membership 312 422 State Library — • Appropriation 458 775 Election of librarian — ^Term 455 760 Exchanges 456 765 Legislative papers, preservation of 456 764 Legislative reference department 458 773 Loan of books 456 767 Manageiaent 455 759 Misappropriation of books 456 766 Preservation of state documents 455 763 Reference librarian — Salary 458 774 Removal of librarian or assistants 457 771 Report of receipts and expenditures 457 770 Rules and regulations 457 768. INDEX. 511 LIBRARIES— Continued. State Library — page sec. Salaries — Assistants, etc 457 769 Term of ofRce — Bond 455 761 When to be kept open 455 762 Violation of act, penalty 457 772 Township : Library discontinued 318 440 Office of librarian abolished 318 439 Official documents 298 400 Tax levi' for 317 438 Township libraiy board 297 399 Township library tax .' 296 398 Tov/nship trustee m charge 316 433 Trustee's duties 316 434 When open 317 437 Where kept 317 430 Use of books 317 435 MANUAL TRAINING OR INDUSTRIAL SCHOOLS— May be established in cities of more than 50,000 141 156 May be established in cities of 30,000 or more 227 289 Tax to support . 141 158 22S 291 Teachers for 141 157 228 290 NIGHT SCHOOLS— Age of pupils in 140 155 May be established in cities of 30,000 or more, 1880 census 140 154 PENSION FUND— Cancellation of 239 308 Computing time 237 302 Control of 232 295 Deficiency pro rata payments 238 305 Investment of 234 296 Officers — Duties 231 294 May be established in cities of 100,000 or more 230 293 Payments — When refunded in part 238 304 Pensions — Re-examination 236 30(> Pension exempt from seiziire 239 307 Place of pajment 239 306 Service pension 237 301 Sinking fund 234 297 Teachev defitied 239 309 Trustees — By-laws 237 303 Trustees for 230 293 512 SCHOOL LAW OF INDIANA. PENSION FUND— Continued. page sec. Use? of 234 298 What constitutes 232 295 Years of service, how computed 235 299 PURDUE UNIVERSITY- - Acceptance of United States grant 450 755 Agricultural college scrip 439 725 Amount of tax — Division 452 756 Amount of warrant — How determined 449 751 Application for warrant — Statement 448 749 Appointment of trustees 443 736 Appropriation 447 746 Corporate name — Powers and duties of trustees 441 731 County students 444 740 Dedication of street 442 732 Donations accepted 440 728 Expenses defined 449 752 False reports — Penalty 450 753 Farmers' institute, county warrant 448 74S Farmers' institutes 446 744 Farmers' reading courses 447 747 Gift to establish institute of technology 446 743 Investment of fund 445 742 . Location 440 729 Officers— -Treasurer's bond and duties 444 739 Permanent fund not affected 453 757 Permanent name 441 7i,0 Power to dedicate 442 733 Privileges of .John Purdue 442 734 Sale and investment of scrip 439 727 Students 445 741 Supplemental 450 754 Term of office 443 737 REVENUE AND TAXATION— Advisory board levies tax to pay bonds 198 245 Assessment and collection of special tax 149 172 Estimates of expenditures by townships 337 467 Incomes from gifts to schools 276 361 Levy for tuition tax 150 173 Levy to pay debts in cities of 100,000 or more 227 287 Local tax, how applied 151 174 School trustees manage revenues 118 130 J?chool trustees must keep recorri of 123 131 Special school tax for cities of 45,000 to 55,000 241 312-313 Special tax to pay debts 151 175 Special tax to pay teachers 147 171 Special tax to pay interest and principal ou bonds 194 230 184 218 196 24i INDEX. 513 REVENUE— Continued. page sec. Statement of expenditures and tax levies by townsiiip trustees. 337 4GG State tax levy 147 169 171 200 Surplus special revenue 142 159 194 237 197 242 Tax collection and payments in cities of 30,000 or more, 1870 census 203 250 Tax for bond redemption 190 227 Tax for defraying increased expenditure 331 461 Tax levy for paying town and city bonds 191 230 Tax levy in cities of 100,000 or more 222 279 Tax to complete town school house and to support schools 152 170 Tax to support industrial or manual training schools . . . 228 291 Transfer of bond tax revenue to special revenue 288 386 Uniform tax 147 170 Use of proceeds from sale of bonds 183 217 Use of special school revenue legalized 142 160 SCHOOL BOARD— Additional bond issued 188 224 Adjustment of tuition indebtedness 167 193 Annual statement 124 132 Appraisement 281 368 Appropriation of real estate — Petition 280 367 Bonds and notes, cities and towns may issue , 186 221 Bonds for buUding in towns of not more than 2,000 192 232 Bond for school building, cities of second class 189 225 Contract blanks must be uniform 261 336 Control of town school by township trustee 116 128 Conveyance of town school property by trustee 115 127 Donations and bequests 274 356 Duty of appraisers, payment title trial 281 369 Employ and dismiss teachers 257 334 General duties 124 133 Length of school term 130 134 Liability for fund 174 206 Local tax, how applied 151 174 May administer oaths 324 447 May establish joint graded schools 132 137 135 143 May receive state aid to lengthen term 172 203 Minimum wages for teachers 261 337 Must report to county superintendent- 51 66 Officers of the district municipal corporation 106 122 Pay for school house in annexed territory 273 355 514 " SCHOOL LAW OF INDIANA, SCHOOL BOARD— Continued. • page sec. Payment for improvements legalized 283 873 Payment of ])onds 305 413 Payment of less than minimum— Penalty 2G3 389 Payment of tuition 167 191 Powers to provide buildings, supplies, repairs, etc 152 176 Process, how executed 320 444 Relation of trustee to donations 277 362 Report to state truancy board 329 457 Requirements before building 185 219 Retaking enumeration 165 188 Rights not abridged concerning trnnsfer 162 183 163 186 School ))oards report annually to county commissioners.. 118 130 School doors must swing outward 256 333 School house in annexed territory 273 354 School prope''ty liable for public improvement 283 372 Schools of, may be abandoned 115 126 Schools of, not under county superintendent 94 111 School trustee manage revenues 118 130 Shall employ supermtendent ot schools 131 136 Shall furnish trua.it officer names of school children . . . 331 46;i Shall keep rec'ord of proceedings and accounts. . 123 131 Shall take enumeration 154 178 Shall transfer surplus special revenue to common council 142 159 Special tax to pay bonds in cities of 5,000 196 241 Special tax to pay bonds, notes or mterest 194 236 Suits, how brought 320 442 Supplementary tuition fund 150 173 Surplus special revenue to pay bonds, notes or interest.. 194 237 Surplus special school revenue 186 220 Surplus special revenue to pay bonds in cities of 5.000.. 197 242 Tax to pay bonds and notes 188 222 Teachers' contracts to be in writing 261 335 Tender before appraisement — Cost 282 370 Time of . electing 108 123 Time to take enumeration 93 110 Title to school property, shall procure 268 349 Transfer of school children 158 179 Transfer money from bonds to' special school ■ revenue . . 153 177 Trustees give bond 188 223 Uses of state fund 174 205 SCHOOL BOOKS AND SCHOOL OFFICIALS CONNECTED THEREWITH— County Depository — Shall furnish bond . . ." ; 63 85 Shall pay cash within sixty days 63 85 INDEX. 515 SCHOOL BOOKS AND OFFICIALS— Continued. page sec. Shall sell to other dealers in county at 10 per cent. discount 63 85 Shall ascertain number of new books needed 63 85 Shall order books on or before the first day of August 63 85 Shall notify dealers when books are received. . . .-. ... 63 85 County Superintendent — Books shall be uniformly used 46 56 Duty of 35 38 Embezzlejuent 38 44 45 55 Failure to give special bond., 37 41 44 53 Failure to report at expiration of term — Penalty. . . 52 67 Failure to report — Right of action 51 66 Failure to report — Penalty 38 42 44 54 51 65 Makes requisition to state superintendent 35 38 May sell to pupils and patrons 35 38 Name and price on cover 47 58 New books introduced only as new classes are fonned 55 70 Notifies trustees of receipt of books '. 35 38 Report to county auditor 51 65 Shall appoint depositor 63 85 Shall contract with depositor 63 85 Shall enter suit against trustee for non-perform- ance of duty 37 40 Shall make quarterly settlements with contractors.. 37 42 Shall scale requisitions 54 70 Shall see to the supply of sufficient books 50 63 . Special bond- of." 37 41 Merchants or Dealers — Sale for more than contract price — Misdemeanor... 52 68 Shall not buy or have on hand more than needed. . 55 70 Shall make annual statement of books on hand 51 64 Publisher or Contractor — ^ Affidavit of 32 33 Bid of, accompanied with bond 32 33 Contract — Five years 58 73 Contract — Ten years 68 73 Defective books 47 57 File sealed proposals for furnishing text-books. .... 31 33 Manner of shipping books 46 57 Name and price on cover ; 47 58 Revision, frequency of 58 73 [33] 516 SCHOOL LAW OF INDIANA. SCHOOL BOOKS AND OFFICIALS— Continued. page sec. Shall file consent for revision 53 69 Shall furnish state superintendent copy of quarterly reports 55 70 Shall have six months to revise, etc 54 70 Shall issue new bond after revision or new contract 55 70 Shall issue new bond if old be insufficient 59 74 Shall pay all transportation charges to station near- est depository 03 85 Shall pay cost of revision 53 69 Shall receive no other pay than from the sale of books 34 38 Shall sell to county depositor at 15 per cent dis- count 63 85 Shall ship books to county superintendents within ninety days 35 38 Standard price, etc., of books 33 34 State Board of School Book Commissioners — Advertise for bids 31 33 39 46 Appropriation for 39 45 43 51 59 75 Bids accompanied by bond 32 33 Cost of revision paid by contractor 53 69 Contract — Five years 58 73 Contract — Ten years 68 73 Grovernor's proclamation 37 34 62 84 63 86 Make thorough investigation of all bids 33 34 May cancel contract 58 73 May devise means for sale, exchange, etc 36 38 May procure manuscripts of books proposed 34 35 May propose reduction in price 56 70 May reject any and all bids 33 33 May reject part and accept part of book 33 33 Not liable to any contractors 34 36 Primers adopted 60 79 Old law applies to use of 61 81 Price of 61 80 Use of in cities of 5,000 61 82 Revision, frequency of 58 73 Shall give one year's notice to school officials before books are to be used 54 70 Shall meet to decide concerning revision 58 72 Shall open and examine proposals 33 34 Shall order revision r 43 51 53 69 INDEX. 517 SCHOOL BOOKS AND OFFICIALS— Continued. page sec. Shall receive sealed proposals from authors, com- pilers or publishers 31 33 32 33 Shall select competent authors to revise 53 69 Standard price, etc., of text-books 33 34 Text-books used 30 32 State Superintendent of Public Instruction — Shall make requisition to contractor 35 38 Shall properly scale requisitions 41 47 54 70 Trustees — Embezzlement 38 44 45 55 Failure to make report at expiration of term — Em- bezzlement 52 67 Failure to report — Right of action 51 67 Limit of school book orders 40 47 Shall acknowledge receipt of books to contractor ... 41 48 Shall carefully care for all books until sold 46 57 Shall furnish books to patrons and pupils 35 38 Shall furnish books to poor or indigent children 42 49 Shall make annual report to county commissioners . . 43 50 Shall make annual report to county superintendent. 42 50 Shall make monthly report of sales made to mer- chants and dealers 49 62 Shall make quarterly reports to county superintend- ents 36 39 Shall make requisitions the first Monday of .Tune. . 40 47 Shall report to county superintendent 41 48 Shall notify county superintendent as to number of books needed 35 38 Shall pay to county superintendent all money re- ceived for books 36 39 41 48 Shall receipt county superintendent for books 35 38 Shall see that sufficient books are supplied 50 63 Shall sell for cash only 35 38 Shall sell at legal prices only 35 38 38 43 Shall sell to merchants or dealers 49 61 Shall take charge and custody of all books 35 38 Suit on trustee's bond 43 52 Unused books, disposition of 42 48 SCHOOL COMMISSIONERS IN CITIES OF 30,000 OR MORE— Bond of 205 254 County treasurers' report to school commissioners 302 410 Duties and powers of 201 249 518 SCHOOL LAW OF INDIANA. SCHOOL COMMISSIONERS IN CITIES OF 30,000, ETC.— Continued. PAGE SEC. Election of 199 246 Organization 200 248 Payments of bonds 201 249 Sctiool districts 200 247 Sessions of, records, etc 204 251 Tax collection and payment 203 250 Temporary loan of 204 253 SCHOOL COMMISSIONERS IN CITIES OF 45,000 TO 55,000— Bonds for buildings 240 310 Powers of school board 240 311 Proceeds of bonds 241 314 Special tax 241 313 SCHOOL COMMISSIONERS IN CITIES OF 100,000 OR MORE, 1890 CENSUS— Accountants 218 273 . Allow warrants 217 267 Appropriation 217 271 Auditor of school board 217 267 Auditor s report, bond, pay 218 273 Bids for school house 220 277 Bonds to purchase real estate, bids 224 283 Committees, salaries and rules of 211 260 Contracts to be in writing 219 276 Director's bond 216 266 Discharge of employes 216 265 Duties of director 213 263 216 266 Eminent domain, may exercise 226 285 Evidence of indebtedness 217 269 Funding indebtedness .' 220 278 Law may apply to other cities 227 288 Legislative act, director's approval 212 261 Levy for teachers' pension fund 232 295 Limit of debt 224 282 May establish manual training schools 227 289 May receive donation for teachers' pension fund. ...... 231 294 Nomination and election of 208 257 Officers and teachers — Examinations 213 262 Old school board ." 223 281 Operate under old school laws 223 280 Organization of board 211 259 Purchase of grounds and building 225 284 Qualification of 207 256 Removal of 226 286 Shall not be interested in contracts 219 275 INDEX. 519 SCHOOL COMMISSIONERS IN CITIES OF 100.000, ETC.— Continued. PAGE SEC. Superintendent, text-books, librarians, etc 214 264 Tax levy 222 279 227 287 228 291 Teachers and instruction 228 290 Terms ol 210 258 Transfer of school property 228 292 Trustees of teachers' pension fund ■ 230 293 SCHOOL DIRECTORS— Appeal from to trustee 267 347 Election of 250 326 Charge of school house 265 345 Duties 263 344 Visits schools, may exclude pupils 266 346 SCHOOL HOUSE— Changing site of 254 330 Donations and bequests 274 356 Doors nmst swing outward 256 333 Notice of petition to change 255 331 Pay for school house in annexed territory 273 355 Requirements of township trustee for building 341 473 Sale of school property by school trustee 271 353 School liouse '.n annexed territory 273 354 When sold 271 352 Use of 269 350 270 351 SCHOOLS— Age of pupils in night schools 140 155 Bible in 243 316 Books, uniform in 46 56 Branches taught in commissioned high schools 247 322 Changing site of school house 254 330 Common 7 1 Common, defined 133 138 Donations to school corporations 276 359 276 360 Duration of school In any year 130 134 Flags in 285 377 For colored children 245 319 For indigent children 246 320 247 321 High schools defined 133 138 High school studies 133 139 In cities of 30.000 or more — 1870 census 179 246 Manual training schools 141 156 520 SCHOOL LAW OF INDIANA. SCHOOI/S— Continued. page sec. Night schools 140 155 Petition to change 255 331 School corporations in cities between 45,000 and 55,000, 1900 census 240 310 School director 250 326 School meetings 251 327 Scientific temperance, taught in 249 323 Secret societies, unlawful in 325 452 State aid for schools 286 380 TTniform length ot term 245 317 Women eligible to school offices 324 448 STATE BOARD OF EDUCATION— Accredits schools 28 30 Appoints board of visitors to state normal school 402 604 Constitutes state library board 455 759 Duties and powers of 19 23 263 340 Elects trustees of state university 410 622 Grants state certificates 20 24 Members of 19 23 263 340 Mileage of board 26 25 Prescribed course of study 27 27 133 138 State board of school book commissioners 30 32 Teachers' training board 26 27 STATE NORMAL SCHOOL— Board of visitors of 402 604 Certificates—Diplomas 403 005 Christian morality observed , 402 602 Conditions of admission 401 600 Contract for building. 401 597 Donations '. 400 595 Duty of trustees 401 599 Established 399 591 Location 400 596 Model school 401 598 Organization — Officers 400 594 Pay of treasurer and agent 403 607 Pay of trustees 403 606 Reports 402 603 Term of office — Vacancies 399 593 Ti'ustees — Corporate name 399 592 Tuition fees 402 601 IISTDEX. 521 STATE SUPERINTENDENT OF PUBLIC INSTRJCTION— PAGE SEC. Adjustment of tuition 161 182 Adjustment of tuition indebtedness 167 193 Appeals from County superintendent 323 446 Appeal to, to transfer to custodial institutions 167 192 Appeal to, on success grade 90 106 Blanks and forms 17 18 Commencement of term — Oath 13 10 Duties of 15 14 47 59 66 77 Duties, office— Clerks 13 11 Election of 13 9 Forms of bookkeeping 17 19 Issues state licenses 83 100 Legislature provides for election 12 8 Makes apportionment of school revenue 169 195 171 201 176 212 May countersign certificates from other states 90 107 May require reports 16 17 Member of board of trustees of state normal 399 592 Member of state board of education 15 14 18 22 Oaths ; 324 447 Provides schedules of items for success grade 87 103 Reports of county auditors to 169 196 169 197 Reports of superintendents on deficiency to 172 203 Report to general assembly 14 13 Report to governor 14 12 Shall file statement with state and county oHicials 174 209 Shall issue an order for state aid 173 204 287 381 Shall publish school laws 17 20 Shall supply libraries with journals, etc 17 21 Supervision of school funds 16 16 Traveling expenses 16 15 STATE TEACHERS' TRAINING BOARD— Accredits schools 28 30 Prescribes courses of study 27 27 28 28 State board of education constitutes 27 26 When "accredited" denied 28 31 522 SCHOOL LAW OF INDIANA. TEACHERS— page sec. Assessed for pension fund on salary (cities of 100,000) . 232 295 CaucellaLion of pension 239 308 Contract blanlis to be uniform 261 386 Contract to be^' in writing 258 335 County institutes 291 588 Employment and dismissal 257 334 Examined in scientific temperance 250 324 Insulting teaoher 267 348 Manual training schools (cities of 100,000) 228 290 Maximum pension of (cities of 100,000) 234 298 Minimum wages of (cities of 100,000) 261 337 Payments pro rata when deficiency 238 305 Payments to pension fund refunded 238 304 Penalty for paying less than law provides 263 339 Pensioners examined 236 300 Pension fund for 230 293 Place of payment of pension 239 306 Private teacher to make report 269 350 Qualifications 262 338 Reports of 143 161 Reports required by state superintendent of public in- struction 329 457 Service pension 237 304 • Shall attend township institute 290 387 Special examinations for 265 343 Teacher defined 239 309 Terms employed 264 342i^ Trustee of pension fund 230 293 Years of service, how computed 235 299 TOWNSHIP— Bonds for 197 244 Indebtedness of 197 244 Liability for fund from state 174 206 Report of tuition deficiency 172 203 State aid for schools 173 204 Suits— How brought 320 442 Teachers' institutes 290 387 Use of aid for schools 174 205 TOWNSHIP (CONGRESSIONAL) — Account and distribution of funds 355 490 Account and re-adjustment of funds 355 492 Account of fund 350 482 ApportionmeTit by commissioners 362 510 Apportionment of loans to 396 583 Assignment of certificate 363 514 INDEX. 523 TOWNSHIP (CONGRESSIONAL)— Continued. page sec. Auditor issues deed 365 321 Auditor's duty oonceruing fund 354 489 355 491 Auditor's duty to issue certificate of purctiase 365 520 Auditors statement as to number of children , 354 488 Boundaries of townstiips 353 486 Certificate of purchase 362 511 Compensation on failure of title. 366 525 Custody of lands of, report of income 351 483 Defective assignment proceedings 364 515 Divided school section 352 485 353 486 Failure to make first payment — Penalty 363 513 Forfeiture, how prevented 360 503 Forfeiture, liability for waste 360 504 Forfeiture, re-sale 359 502 luteresi: and judgment on fund of 367 527 Lands of, surplus 367 526 Leasing lands 352 484 Loan of purchase money. 364 516 Lost certificates 365 518 Order and conduct of sale 358 500 Payments 365 517 Power of trustee 356 493 Private sale 360 506 . Proceedings to sell 356 495 357 496 * 357 497 357 498 357 499 Purchase money, when paid 365 495 Re-appraisement of forfeited lands 361 509 Re-appraisem.ent of unsold lands 361 507 Sale had without vote 366 524 Sale of land iegali'/ed 365 522 Sale of school lands 356 494 Sale of timber on school lands 358 501 Suit for waste 360 505 I'itle — When completed ■■ 366 523 Trustees" duty as to sale of land 357 499 358 501 When land is in more than one county 170 198 353 487 TOWNSHIP TRirSTEE— Abandonment of school district 137 146 Accounts of 146 166 Adjustment of tuition indebtedness 167 193 524 SCHOOL LAW OF INDIANA. TOWNSHIP TRUSTEE^-Continued. page sec. Agree to educate for less charge 162 ISP 168 r^ Annual settlement with advisory board 339 471 Annual statement of 124 132 Appeal to, from director 267 347 Appeal from, to county superintendent 161 181 167 192 321 445 Appeals from, to county superintendent 161 181 167 192 Applies local tax 151 174 Appraisement of real estate 281 368 Appropriation of real estate 280 367 Bids for school supplies, shall receive 341 473 Blanks to be uniform 261 336 Bonds 116 129 Books for poor or Indigent children 42 49 Branches taught 247 322 Calls special meeting of the board 337 469 Changing site of school house 254 330 Charge of town schools 116 128 Colored children, may establish schools for 245 319 Control of divided section 353 485 Conduct teachers' institute 290 387 Contracts void 343 475 Contracts with teachers to be in writing 261 335 Convey town property to 115 127 Correction of accounts — Renewal 146 168 Cost of erecting joint school buildings 134 141 Custody of lands — Report of income 351 483 Deficiency certificate 172 203 Duty in reference to sale of land 357 499 Duty as to sale of lands 35 38 124 133 Elect county superintendent 65 89 Emergeijcy for action 135 142 Employs and dismisses teachers 257 334 Enumerate children 93 110 154 178 Enumeration, where filed — Retaking 165 188 Entitled to draw state fund 173 204 Examination of 146 167 Expense of joint school and control of 136 144 136 145 Failing to serve in o3ice 146 165 Failure to report 145 163 Failure to report — Right of action 51 66 INDEX. 525 TOWNSHIP TRUSTEE— Continued. page sec. Flags, use of 285 376 285 377 285 378 286 379 Janitor, shall provide 131 135 Joint scbool district 135 143 Joint school, may establish 132 137 134 140 Legalizing use of sinking fund 284 375 Length of school in any year 130 134 Levy special tax to pay debts 151 175 Liability for deficiency fund 174 206 May withhold part of teacher's salary 143 161 May sell school property 271 352 271 353 Manage revenues and make reports 118 130 Misdemeanors of 38 43 256 332 Neglecting duties 145 164 Notice of petition to change site of school building 255 331 Oaths, may administer 324 447 Pay of 342 474 Payment of teachers at less rate — Penalty 263 339 Payment of property on appraisement 281 369 Payments for public improvements — JLiegalized 283 373 Payment of tuition 167 191 Perform duty of clerk and treasurer 106 122 Petition to for removal or erection of school house 254 329 Power to lease lands 352 448 .Power of trustee over lands 356 493 Process, how executed 320 444 Proceedings to sell 356 495 Publication ol receipts and expenditures 343 477 Receives petition of voters to abandon schools 137 147 138 148 Reports from teachers to 143 161 Report on book sales 49 62 Report on congressional township 165 189 Reports to county superintendent 144 162 Reports to commissioners and county superintendent — • School books 42 50 Reports to state superintendent of public instruction... 329 457 Sale of bonds on petition of voters 275 358 Scientific temperance— Provides for 249 323 Sale of books for more than the contract price — Mis- demeanor 38 43 School doors shall swing outwardly 256 333 526 SCHOOL LAW OF INDIANA. TOWNSHIP TRUSTEE— Continued. page sec. School property, liable for improvements 283 372 Shall acknowledge receipt of books 41 48 Shall execute deed for school building in annexed ter- ritory 273 354 Shall furnish names of children to truant officers 331 4G3 Shall itemize estimates of expenses for advisory board. 336 467 Shall keep financial record 338 470 Shall keep record of proceedings 123 131 Shall make levies 149 172 Shall post estimate of expenditures 324 466 Shall procure specifications for new school house 341 473 Shall procure title to school property 268 349 Suit on trustee's bond. 43 52 Tender before appraisement — Costs 282 370 Term for which teachers may be employed. 264 342i/^ Term of office 341 472 Time of electing 324 450 Transfer of school children 163 186 158 179 Transfer special school fund to township fund 284 374 Transportation of pupils 138 149 Uniformity on length of school term 245 317 Use of deficiency fund 174 205 Use of sinking fund legalized 344 478 Vacancies in office filled by county commissioners...... 325 451 Vacancy in office filled by county auditor 116 129 When to make requisition for books 40 47 TRANSFERS— Adjustment of tuition due orphans' home 167 ,193 Appeal , : 161 181 Duty of county auditor as to 163 186 On account of better accommodation 158 179 Payment of tuition 161 182 162 185 Payment of tuition to orphans' home — 167 . 191 To cities of more than 100,000 162 184 Tuition 160 180 TRUANCY— All children must attend school 327 453 Compensation of truant officers 329 456 Confirmed truant 330 460 County truanc officer, duties, misdemeanors 327 454 Names of children furnished to truant offi"cer 331 463 Parental home 330 459 Poor children, assistance to. 329 458 Reports of officers to statp truancy board 329 457 Truant officers in cities and towns 328 455 INDEX. 527 VOTERS — PAGE SEC. At school meetings 251 327 Ballots of 357 - 197 Certificate of vote 357 498 Elect advisory board 333 464 Elect school director 250 326 Legal voters 275 357 May use school house 270 351 Meet^ings and powers of 251 328 Member of advisory board must be 343 476 Petition of, for sale of lands 275 358 Petition to sell lands 356 494 Petition trustee 254 329 274 356 Results of election 357 - 497 Vote to sell land 352 484 366 524 WAGES AND QUALIFICATIONS OF TEACHERS— Minimum wages of teachers 261 337 Payment at less rate — Penalty 263 339 Teachers' qualifications 262 338 263 340 When act takes effect 263 341 MAR 2 1908