Class U |.f)^ .5^S Rnnk v^ 7 19^ ■\v£v..:v -THE — School Law of Indiana AND THE STATE CONSTITUTION (AS A SUPPLEMENT) With Annotations ISSUED BY DAVID M. GEETING Superintendent of Public Instruction .^' INDIANAPOLIS July lo, 1895. / • mr ^FH S ■^ CONTENTS. I. n. m. IV. V. vi. vn. Introduction Pai Outline of tlie System Editions of the School Law The Present Edition Superintendents of Public Instruction .... Attorneys-General Explanations ge XXVI xxvii xxviii xxix xxix XXX Article VIII.— Education " 9 THE SCHOOL LAW. Common Schools. Article I.— The Fund. . § 4325-4405 Article II. — Administration § 4406-4464 Article III.— Taxation § 4465-4471 Article IV. — Enumeration . • • § 4472-4476 Article V. — Apportionment of Revenue § 4477-4487 Article VI.— Schools in Cities and Towns § 4488-4492 Article VII.— Schools and School Houses § 4493-4519 Article VIII, —Teachers' Institutes § 4520-4523 Article IX. — Free Libraries § 4524-4533a Article X. — General Provisions § 4534-4541 State Normal School „ § 4542-4560 Indiana University § 4561-4661 Purdue University § 4662-4677 Tax for Indiana College • • § 4677f State Library §4677g-4677co School Books (p. 226) § 4421b-4421bbb L INTRODUCTIO]^. A HISTORY OF THE SCHOOL SYSTEM. Note. — This article was written in 1893, upon the request of the Board of World's Fair managers of Indiana. It is reproduced here with hope that it will he of use to those who may choose to study the history of our unique system of common schools. D. M. GEETINQ INDIANA COMMON SCHOOL SYSTEM. It was on the 10th of October, 1780, that the corner-stone of our Ter- ritorial system was laid, by the adoption of a resolution in the Conti- nental Congress, which declares "that all Territorial lands shall be disposed of for the common benefit of the United States, and shaU be settled and formed into distinct republican States, which shall become members of the Federal Union, and have the same rights of sovereignty, freedom and independence as the other States." It was this resolution that Maryland, one of the landless States, had been contending for before she would formally adopt the Articles of Con- federation, and thereby become one of the " Original Thirteen States." Perhaps no single act has so far exceeded the expectations of its pro- moters as has this act of Maryland's refusing to ratify the Articles 6f Confederation, which compelled the Congress to invent the Territorial policy, fraught with such results. In 1783, when a treaty of peace was entered into between the United ■States and Great Britain the skillful diplomacy of Jay, Franklin and Adams gave to us the territoiy conquered through the untiring energy of George Rogers Clark, and the boundary of the United States was made the Mississippi on the west and the great lakes on the north. 'In 1783 the Legislature of Virginia passed "an act to authorize the delegates of Virginia in Congress to convey to the United States, in Congress assembled, all the right of this Commonwealth to the territory northwestward of the river Ohio." This deed was signed by Thomas Jefierson, Samuel Hard, Arthur Lee and James Monroe, and the Con- tinental Congress accepted the same. It was Jefferson who had so earnestly supported Clark's efibrts, and who had done much to urge Vir- ginia in her magnanimous gift to the United States. He drafted the first ordinance for the government of this territory, and he might have succeeded in having the " ordinance of 1784" adopted had he not been so radical on the slavery question. Vi SCHOOL LAW OP INDIANA. In a letter to Madison he wrote : "The curse of slavery must not h& allowed to extend to new territory," and he proposed in the "ordinance of 1784" that slavery be prohibited south of the Ohio River as weE as north of it, and to this his own State would not accede. But this prepared the way for a greater ordinance, that of 1787, and as Jef- ferson had been sent abroad there is no evidence that he was in any way^ interested in its preparation or adoption. The Continental Congress, with hardly enough vitality left to com- plete its brief work, was driven into the passage of this famous piece of legislation, the ordinance of 1787, by a few delegates who had remained in session at New York, and which stands out as the most brilliant achievement of that remarkable body, excepting, perhaps, the Declara- tion of Independence. The necessity of the passage was revenue for the General Government, but its most memorable provisions were those relating to human rights ; ordaining religious freedom, offering security to both person and property, encouraging education, and dedication of the soil to freedom forever. Madison said of it that it was the exercise of national sovereignty without the shadow of constitutional authority. " Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall be forever encouraged." So familiar have these words become in the Northwest that every State that has been organized since that time felt under obligations to carry out this provision. The principle of reserv- ing one or more sections has been followed by every State since then (excepting West Virginia), and in some very liberal donations have- been made looking toward the founding of a large permanent school fund. It was not till 1795, when General Wayne made his famous- treaty with the Indians, that the lands within the boundaries of Indiana were open to peaceful and permanent settlement. In 1800 Indiana Territory was formed. In 1804 Congress passed an act entitled "An act making provision for the disposal of the public lands in three land districts, viz. : Detroit, Vincennes andKaskaskia.'* In 1805 the Detroit district became the Territory of Michigan ; in 180^ Kaskaskia became Illinois, and Indiana assumed her present size. The First Public School a University. The act of 1804, above referred to, provided for the sale of certain, lands ** excepting section numbered sixteen, which shall be reserved in each township for the support of schools within the same ; also, of an entire township in each of the three districts, to be located by the Sec- retary of the Treasury for the use of a seminary of learning." Albert Gallatin, then Secretary of the Treasury, located "township 2 south. SCHOOL LAW OF INDIANA. VU range 11 east," now in Gibson County, Indiana, for the use of a seminary of learning, as required by this act. The act that lies at the foundation of our common school system, and therefore vitally important here, is the Territorial act of the First Gen- eral Assembly of the Territoi-y of Indiana, held at Vincennes, entitled *' An act to incorporate a University in the Indiana Territory." This act was approved by Governor William Plenry Harrison, November 29, 1806. The Legislative Council then enacted " that a University to be called and known as the Vincennes University ' ' should be established, and it elected a Board of Trustees, consisting of twenty-three members, of which Governor Harrison was made President. The act provided that the Trustees were to establish as speedily as possible such University and to appoint a President to govern it, and four professors " for the instruction of youth in Latin, French, Greek and English languages, mathematics, natural philosophy, logic, rhetoric, and the law of Nature and nations." It was further provided that no particular tenets of religion should be taught in said University, and, whenever the funds of the University permitted, aU students were to be educated free of charge. The establishment of a separate institution for the education of women and the raising of funds through a system of lotteries were also author- ized. Vincennes University was the first institution under the act of the Territorial Assembly, as it was the first institution of learning in Indi- ana. The seminary township reserved by Congress in 1804 was given to it, and it was also empowered to sell four thousand acres and to re- ceive bequests. Some time was necessary for the Board of Trustees of Vincennes University to make arrangement for the opening of the school, and it was not until 1810 that the school was ready for students. Samuel Scott was its first President, he having been called to that position unanimously, as he had made somewhat of a reputation in Vincennes as the principal of a private school established two years prior to that time. The University of Vincennes was in continuous existence till 1825, when the Legislature converted it into a county seminary. The State gave it no support by taxation, and in 1822 passed an act which practically confiscated all the lands belonging to the Vincennes University. Something over 15,000 acres of land in the seminary "townships of Gibson and Monroe counties were sold and the proceeds turned into the State Treasury. In 1838 the Legislature resuscitated the old corporation of this University, but inserted a clause intended to Vlii SCHOOL LAAV OP INDIANA, prevent a renewal of claims taken from it in 1822. The suit of 1846' covered all the points at which the State and Board of Trustees were at variance. In 1846 the Legislature of Indiana authorized " the Trus- tees of Vincennes University to bring suit against the State of Indi- ana" to test the question of the title to lands held by the several pur- chasers in Gibson and Monroe counties. The case went to the Supreme Court of the United States, where a judgment favorable to the University was obtained, amounting to a little over $50,000. After the reorganization according to the enabling^ act of 1838 and the long period of litigation, the year 1853 found Vin- cennes University again ready to open its doors to students. Further Territorial Legislation. Another Territorial act relating to schools was passed in 1808, and provided that school lands might be leased for a period not to exceed five years, at the discretion of the county courts. The lessee was re- quired to put under cultivation not less than ten acres in each quarter section. In 1810 still another Territorial act was passed, in which the county courts were required to appoint trustees of school lands — one to each Congressional Township — and the lease provided for in the act of 1808' was modified so as to limit the amount of land that any one person might lease to 160 acres, and the destruction of timber was prohibited. When the enabling act of Congress was passed and the State Conven- tion held at Corydon June 10 and 29, 1816, a Constitution was adopted. The ninth article of it requires the General Assembly ' ' to provide by^ law for the improvements of such lands as are, or hereafter may be, granted by the TTnited States to this State for the use of schools, and to apply any funds which may be raised from such lands, or from any other quarter, to the accomplishment of the grand object to which they are or may be intended." In section 2 it is made ' ' the duty of the General Assembly to provide by law for a. general system of education, ascending in a regular gra- dation from township schools to a State University, wherein tuition shall be gratis and equally open to all." The money paid by persons exempt from military duty, except in times of war, was to go to the schools, and so were all fines. Section 5 is as follows: "The General Assembly at the time it lays off a new county shall cause at least 10 per cent, to be reserved out of the proceeds of the sale of town lots in the seat of justice of such county for the use of a public library for such county ; and at the same session- SCHOOL LAW OF INDIANA. IX "tliey shall incorporate a library company, under such rules and regula- tions as will best secure its permanence and extend its benefits. In 1849, when the Legislature had voted to submit the question of a constitutional convention to the people, a new generation had come upon the scene, and a new Constitution was as strongly urged by the friends of education as by those of commercial and political interests. Not so much because the constitutional provision of 1816 was at fault, but be- cause no school system had been perfected under it. On the 7th of October, 1850, the constitutional convention met, and February 10, 1851, the new Constitution was completed. It was ac- cepted by the people by a vote of three for it to one against it, and on November 1, 1851, it went into effect. It requires "the General As- sembly to ]Drovide by law for the general and uniform system of com- mon schools, wherein tuition shall be without charge and equally open to all." The second section of Articles 9 is as follows : " The common school fund shall consist of the Congressional township fund and the lands be- longing thereto, the surplus revenue fund, the Saline fund and the lands belonging thereto ; the bank tax fund, and the fund arising from the 114th section of the charter of the State Bank of Indiana; the fund to be derived from the sale of county seminaries, 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 inheritance ; all lands that have or may hereafter be granted to the State when no special pur- pose is expressed in the grant, and the proceeds of the sales thereof, in- cluding the proceeds of the sales of the swamp lands granted to the State of Indiana by the act of Congress of the 28th of September, 1850, after deducting the expense of selecting and draining the same ; taxes on the property of corporations that may be assessed by the General Assembly for common school j)urposes." The principal of the common school fund can not be diminished, and the income must go to the schools. The funds are to be properly invested, the counties are made liable for the moneys intrusted to them, and are responsible for the payment of the annual interest. Trust funds are to be preserved inviolate and devoted exclusively to school purposes. It is made the duty of the Legislature to provide for the election of a Superintendent of Public Instruction. The first act relating to schools was passed December 24, 1816, and provided ' ' For the appointment of a School Superintendent of the school section in each congressional township." The duty of this officer was X SCHOOL LAW OF INDIANA. to lease the lands for a term of years in order to have them improved, which proved an advantage to the fund when these lands were offered for sale. This same act also provided "that by the petition of twenty householders in any congressional township, there should be an election of three Township Trustees for school purposes." No funds were avail- able at this time for the use of the schools, so these Trustees could do very little, although the law gave them wide discretionary power. The legislation so far had awakened an interest that crystallized into a resolution passed January 9, 1821, appointing a committee of seven to prepare ' ' for the next session of the General Assembly a bill providing for a general State public school system." The report of this committee was not completed till 1824, when it took the form of a bill which was almost wholly the work of Benjamin Parke. The act was entitled ' ' An act to incorporate Congressional Town- ships, and providing for public schools therein." The three Township Trustees were continued, who had charge of school lands and school funds, and who were empowered to divide their town- ship into districts and to appoint sub-trustees ineach. They were also authorized to examine teachers, establishing the theory that some sort of a test is necessary for those desiring to teach in the public schools. School buildings were to be erected by the people of the district, and the law levied the tax for that purpose in the shape of manual labor. The application of this law principle, as established by the courts, gave us a fund now called special school revenue. Authority to sell the school lands was subsequently obtained from Congress, and in 1881 an act supplemental to the one of 1824 was en- acted, adding a School Commissioner to the official list of school officers of each county who was to act as a sort of a financial agent for the local school corporations. When a school had been opened the voters of a school district were to decide how much local tax,, if any, should be levied, the length of school term, but this provision was made absolutely ineffective by pro- viding "that no person shall be liable for tax who does not wish to par- ticipate in the benefits of the school fund." Further encouragement was given the cause of education by Congress in 1832 in removing the restrictions thrown around the grant of the salt lands granted to the State of Indiana in 1816, so that in 1833 the State Legislature proceeded to sell the same, " the proceeds of which shall be appropriated to the support of common schools." This was the first positive recognition of the principle of State re- sponsibility for the education of its children. SCHOOL LAW OF INDIANA. XI The law of February 2, 1833, was by far the most elaborate that had been enacted, containing 205 sections. The School Commissioner of «ach county and three trustees in each township were retained, and three sub-trustees in each district were required. The enumeration of school children was required to be taken, divid- ing them into three classes : (a) Those under five years of age, (b) those between five and fourteen years of age, (c) those from fourteen to twenty-one. The local idea prevailed largely throughout this law, as the district trustees might call meetings of the inhabitants for counsel, and upon petition of five householders they were required to do so. Whatever was determined upon by such meeting must be carried out by the dis- trict trustees. No discretionary power was allowed them. Since the provisions were optional, we are led to believe that the State's system of internal improvements of 1831-37 had so burdened the people that the cause of education was greatly neglected, and that the dread of taxation practically made the operation of the school law a nullity. Incompetent teachers through the so-called examinations held by the district trustees under this law brought reproach upon the Indiana schools at home and distrust abroad. But February 6, 1837, this was, in a measure, remedied by the enactment of another law similar in its main features to the one of 1838, excepting there were three examiners appointed by the Circuit Court, and, though this was far from what it should have been, it was a long step in advance, establishing the recog- nized principle of later years "that any movement toward bettering the schools must primarily regard the improvement of the teachers." It was in this, the examination and employment of teachers, that a school law first became mandatory. On the 7th of December, 1841, Governor Bigger, in his message to the General Assembly recommended the appointment of an agent to look into and report the condition of the school funds of the State. In 1843 the Treasurer of State was denominated a Superintendent of Com- mon Schools. He was instructed to prepare a report to the General Assembly embodying the following points : (1) The condition and amount of school funds. (2) The condition of colleges. (3) The con- dition of county seminaries. (4) The number and condition of com- mon schools. (5) Expenditures of school revenues. (6) Plans for the management of the school funds and the better organization of the com- mon schools, and (7) general recommendations. As the members of the General Assembly were gathering at the capi- tal in December, 1846, there appeared in the columns of the Indiana State Journal of December 7, a " message " from " One of the People." Xii SCHOOL LAAV OF INDIANA. It took the dignified tone of a Governor's message, and startled all with brilliant rhetoric a^d attractive array of figures. Its author had come into the State from the East in 1833, and during all these years he had made a careful study of the public school problem, noting that none of the legislative enactments had met the expectations of the friends of popular education. So full of helpful suggestions was the paper that' Governor Whitcomb voiced its sentiments in his ofiicial communication. The author was Prof. Caleb Mills, and in this "message " and the five which followed he discussed the educational needs of Indiana, empha- sizing : (1) Want of competent teachers. (2) Need of suitable texts. (3) Lack of interest throughout the community. (4) Want of funds. And recommending: (1) General taxation for the support of the school. (2) Distribution of funds according to the school census. (3) Intelligent supervision. * * In May, 1 847, a public meeting of the citizens of Indianapolis was held, at which a committee was appointed, consisting of Ovid Butler, Henry Ward Beecher and John Coburn, to provide for a general con- vention of the State's educators and the friends of education," says Professor Boone in his "History of Education in Indiana." "A cir- cular was issued, including extracts from the recent report of the Su- perintendents of Common Schools, and a call for a meeting on May 26, 1847. This was the first of a series of ' State common school conven- tions,' without an understanding of whose influence any study of the next ten years of school agitation would be only superficial. Their de- liberation determined legislation, educated public sentiment, conducted campaigns, and generally reformed the system as no individual could have done," continues Professor Boone. " The convention of 1847 was presided over by the Hon. Isaac Blackford, continued its session for three days and represented in its attendance of three hundred the best thought and the philanthropy of the State. Two committees were ap- pointed — one to lay before the Legislature a typical bill, the other to prepare an address to be published and distributed to the people. The committee on legislation at a convention of educators and members of the Assembly, held in the House of Representatives December 8, 1847, made, through Judge Kinney, a statement of its general provisions." The convention in discussing the provisions of this bill agreed upon a suggestion that an election should be held and a vote taken upon the question of free schools, to be in connection with the Presidential elec- tion of 1848. Instead of passing the bill recommended by the commit- tee on legislation, one referring the question of free schools to a vote of the people was enacted. SCHOOL LAW OF INDIANA. XUl A vigorous campaign was made by the friends of education, in spite of the many issues of a somewhat remarkable Presidential campaign, and the act was adopted by a large majority. On January 16, 1849, the fifth general school law had passed the General Assembly, and on the 17th the Governor's signature was at- tached. The forward steps taken in the law were the recognition of public taxation for the support of schools, making the township the unit for the distribution of the funds and the length of term, both of which are retained in our school law of to-day — the latter a phase distinctively Indianian, and of which we are justly proud. , The errors of that law are shown in section 29, making the public schools subordinate to private schools, and section 31, where a ratifica- tion of the law was necessary to make it binding upon counties. After the question had once been submitted to the people and by a large ma- jority an expression was given authorizing the General Assembly to enact certain laws, why that body did not have the courage to enforce such acts is a question that can not be fully answered, but it shows an utter want of courage on the part of our law-making body. The whole question had to be opened up, and the friends of education were active, aggressive, and in the end successful, but the adoption did not depend upon the vote of the State, but of counties, some of which never assented to the law of 1849, but worked under the old law. The difficulties that would have arisen out of such an anomaly can not now be approximated, but relief came soon. Two days prior to the passage of the educational bill, the Legislature voted to submit the question of a constitutional convention to the people. The constitu- tional, convention met, and in it were many friends of education, whose work has been mentioned before, and whose success is manifest in the Constitution which they framed. It was at this time that Professor Mills' sixth "message" was issued, and the only one that received offi-, cial recognition. Five thousand copies were ordered by the State Senate to be printed for distribution, thereby extending the influence of this, helpful agent throughout the State. The new Constitution having now gone into effect, a radical change had been made in the educational provisions. To solve the problem was the great difficulty with which the Legislature of 1852 had to wrestle. After the enactment of the law of 1852 came the interpretation of it by the courts as to the constitutionality of certain sections. This re- quired time, and for some years little, if any, advance was made along the line of a permanent educational policy of the State. The agitation of the slavery question and the Civil War still farther de- layed matters, but the law of 1852, remodeled in the light of the several Xiv SCHOOL LAW OF INDIANA. decisions of the courts, was embodied in the act of 1865, the last ex- haustive statute on the subject of education. This, as amended to date, with a few supplemental sections and acts, the most important of which are the act establishing the State Norman School (1865), and that cre- ating the county superintendency (1873), and the school text-book law (1889) constitute the school law of Indiana. ' Indiana's Ancedry. A close analysis of civilization will reveal the fact that there are four fundamental institutions through which the development of any people has been made, viz. : The family, the church, society and the state. Every fact of history bears directly upon one or more of these, and a study of history is simply a study of the development of these factoi-s of civiliza- tion. Even in literature, where the author's ideal more nearly ap- proaches the truth, perhaps, we see in the "plot" simply a develop- ment of one or more of these same essential elements. The growth of the Indiana school system follows closely these same fundamentals, and we shall now attempt to trace them from the conception to the present time. In discussing any historical fact connected with any Btate we must begin with the two typical colonies of Revolutionary fame. The two leading States of the American confederation, in population and force of ideas, were without question the two oldest — Virginia and Massachusetts. Situated so far apart, and with coordinate rather than conflicting material interests, they came together without a serious thought of rivalry. Both were drained heavily for the cost of the Rev- olutionary War, but both remained steadfast to the American cause and to one another. The soil of the one State drank the blood of the Revo- lution, and that of the other the last. The social conditions of these two commonwealths were very different. The New England Character. In Massachusetts appeared the fullest type of the New Englander, or "Yankee," already far renowned as sharp, clever, tenacious, energetic, and of an encroaching disposition. Here flourished a republic founded on equal rights, the most successful experiment of the kind then known. The Legislature of Massachusetts was an aggregate of towns acting through town representatives. To this town system it was largely owing that the political machinery ran so smoothly. Town meetings, the unit of self-government, brought men together for a primary education in affairs, and the neighborly association of citizens gave a powerful im- pulse to public spirit. Boston was the abode of commerce and refine- ment. And yet the town was not so populous that the public opera- SCHOOL LAW OF INDIANA. XV tions which most concerned him might elude the keen eye of the private taxpayer. Wealth was not monopolized, but nearly all toiled for a liv- ing. Climate and soil alike favored energy of character, while each inhabitant found a great diversity of pursuits to choose from. Public schools had long flourished. Religious discipline was universally strict. Though family attachments were strong, aristocracy had no deep root. The New England character, strong in wrestling with imperfect oppor- tunities and disputations, became busy with the concerns of a petty ex- istence ; the Yankee was a narrow interpreter of writings, because he reverenced ink and parchment ; and saving, often niggardly in his econ- omies, because, with harsh soil and climate, it was not easy to make a living. But the New Englander had backbone, audacity, habits of in- dustry, and a conscientious disposition. Experience and travel would widen his vision ; increasing wealth foster a more generous sentiment. Under slight reservation Massachusetts was liberalized New England ; Boston was liberalized Massachusetts ; and liberalized Boston carried the heaviest brains in America. The Virginian. Virginia had very difierent advantages to boast of. Notwithstanding the liberal politics of her most enlightened sons, her institutions were at this time essentially aristocratic. This was owing partly to the circumstances under which the State had been colonized, partly to the enervating climate and spontaneous fertil- ity of the land, which tempted those who could afford it to leave work to others and take their ease, and partly, of course, to the long contin- uance of slavery as part of the agricultural and social system. Virginia was colonized by gentlemen, and often helpless ones at that: blood and pedigree always ruled in her afiairs. Tobacco was the great staple of a State given over to agriculture, whose great mineral resources had been scarcely developed, and whose manufactures and commerce were always insignificant. So few were the skilled mechanics in this populous State in the early days that a rich planter, who could make lavish display of costly furniture and imported plate and linen, lodged not uncommonly in a rickety house, with smoky chimneys, broken window panes, and doors which the ever-welcome guest had to claw open. There was a dash of chivalry, frankness and generosity about the true-blooded Virginian which made his leadership irresistible. And what more prolific mother of a nobility was there in the eighteenth century than the Old Domin- ion ? Here Randolphs, Masons and Lees were men of ability, men of progress. ^ * * The poor white of Virginia was not an interesting XVi SCHOOL LAW OF INDIANA. personage. The humbler native, leading a vagabond life and subsisting miserably, accepted the low estate to which he was born with little am- bition to improve it. If a mechanic, his skill rarely went beyond patch- ing a shoe or stopping a leaky roof; as a farmer, he left his corn and tobacco to scratch their way upward' through the ill-dressed ground, while he sauntered idly about with his gun. He was, however, good- natured, generous according to his means, and as hospitable, in a poor way, as the best gentleman he patterned after. He was fond of his State and its great men, and loyal to some one of the families who con- tended for the honor of pocketing the borough in which he voted. He liked political excitement : eloquence, of which Virginia had a copious supply, made his wild eyes glisten, and when his own candidate gay© a sharp thrust, he slapped his long shanks and showed his yellow t^eth from ear to ear. He, like his superiors, had a turn for dissipation and low sports. * * * But Virginia character had always the same bold lines ; its best development was invariably in the patrician rank, whose vices, as often happens under like conditions, the plebians copied more faithfully than their virtues. The Virginian was a born politician. He commonly received a good education ; yet wedded little to books, and growing up in an out-of-door atmosphere, he led not so much from force of scholarly attainments as from his capacity for profound convictions, his tact and sympathetic acquaintance with human nature. Pie did not domineer so offensively nor lose his temper so readily as his brethren of a lower latitude. To men of his calibre, some special incentive is need- ful to inspire heroic effort. Such was found in the effort to coerce the colonies into tributaries of George III. Cavalier and Puritan in Indiana. From the New England colonies, Virginia, Kentucky and the Caro- linas, of which Massachusetts and Virginia were typical, came the early settlers of Indiana. Draw a line from east to west through Indiana, the line touching the southern part of Marion County, and you find the set- tlers south of this line from Virginia and the other southern .colonies, and north of it from New England, each bringing with them their pecu- liar ideas, customs and local laws. In the northern part of Indiana we find those who favor a strong local government, and if at any time they had contemplated centralized State government, the conduct of the mother country during the American Revolution had engendered such an intense dislike for a strong central- ized government, that the principle of such, applied to our public school SCHOOL LAW OF INDIANA, XVll system, was entirely out of the question. A new generation had to be educated, liberalized and driven to see the prime necessity of a State- controlled system of schools before a law similar to the one of 1852 would be countenanced. In the southern part of Indiana there existed the social inequality of the parent colonies. To place all on an equal footing before the law meant the breaking down of those social lines that had so long separated the poor from the rich ; the gentleman from his more humble white neighbor. Not that these people were so much opposed to education as to the idea of admitting all to equal privileges before the law. Here again was needed "a campaign of education," and in the course of time the first settlers had yielded the soil to those more liberal in their views, and who were fully persuaded that the State was responsible for the education of all its citizens. Under these conditions the local school system of the Constitution of 1816 was all that could be expected. Triumph of the New England Idea. A. fair and impartial trial of this system for forty years, where its weakness was easily shown, proved that good arguments were all on the side of a centralized system, supported by general taxation, and in which tuition should be free and equally open to all. Our Supreme Court un- derstood this when in 1857 Judge Perkins rendered his decision in the case of City of Lafayette v. Jenners (10 Ind. 76), when he says : "Under our former Constitution we had two systems of common schools, the general and the local (the local predominating) , and the local had broken down the general, and neither had flourished. This was an evil distinc- tively in view of the convention that framed the new Constitution, and it was determined that the two systems should no longer co-exist ; that the general system should continue, strengthened by additional aids, and that the counteracting local system should go out of existence — should cease." The Difficulties It Sad to Overcome. Thus, after the adoption of the Constitution of 1852, there was a strong antagonism against the new system, and the courts after long and many delays decided against the prevalent idea, that local systems were superior to the general system, as unconstitutional. The Civil War came, and the theory "that all men are created equal" became a fact — a great advance toward political equality — while the advance toward social equality was equally great, as shown by the general and 2 — ScHooii Law. XVlll SCHOOL LAW OF INDIANA, very liberal school law of 1865 that was enacted, and which, with a few changes, is still the law whose workings have attracted the attention of school men and legal minds of all our new States and many of the older States, particularly Michigan, whose State Superintendent of Public Instruction has recommended the abolition of the district system and the adoption of the township system instead. No greater social problem has ever come to a people of a State for so- lution than that of Indiana in the perfecting of her unique common school system ; and no State has ever had more difficulties, inherent in the people, than those erroneous ideas of society, which took deep rootj extending even to the third and fourth generations, and which died with, the opposition to the school laws of 1865 and 1873. Legal Construction of the School Law. During the years 1854-65 many friends of education thought that the courts of Indiana were antagonistic to the common school system inau- gurated by the acts of 1852 under the new Constitution, but a careful study of these laws will show that they were general laws in appearance only, but local in their application, and the courts interpreted the Con- stitution correctly, requiring all laws to be general, and unmistaka- bly so. One erroneous idea, that the local corporations owned the school property, prevailed for a long time after the adoption of the new Con- stitution, but in November, 1882, the Supreme Court, in an opinion by Judge Niblack, took the contrary view. Thus we see clearly the school property is the property of the State, and that trustees of corporations are agents of the State in managing the same. Another decision of our Supreme Court, in an opinion written by Judge Elliott, and found in 102 Ind. p. 367, is one in every way worthy of exhaustive study. The court assumed the constitutionality of the law authorizing the com- mon councils of cities to levy a school tax to be applied to the payment of teachers. We see here how clearly the courts have established the fact that in our system of common schools the local conditions established by law are simply instrumentalities in the administration of the general or State system, and not distinct corporations. One more very important decision upon this line of argument must be referred to, viz. : that found in 122 Indiana, page 462, and relating to the constitutionality of the text-book law of 1889. In the argument before the court it was held by the attorneys attacking the law that our school system began as a distinct local system, and that any law which SCHOOL LAW OF INDIANA. XIX abridged the rights of local self-government was unconstitutional and void. The Supreme Court, Judge Elliot speaking in substance, said: "The -control of schools and school affairs is vested in the law-making power of the State, upon the principle that schools are intrinsically matters of State concern, and not of a local nature. Both by the Constitution and the intrinsic nature of the duty and the power, the authority is exclu- sively legislative, and the matter over which it is to be exercised solely of State concern." The court went to the fullest length and said: "These schools are owned and maintained by the State, and the State may prescribe the terms and conditions upon which pupils may enter them, except that it <3an not disregard the constitutional injunction that 'tuition shall be without charge, and equally open to all.' " These opinions clearly show that they have been written in the light of history, and that these Judges speak from experience when discuss- ing the constitutional provisions, knowing, as they do, the failure of a distinctively local system to become general in practice as was provided for by the Constitution of 1816. It seems clear that our courts now stand favoring a strong centralized system of common schools, which gives a feeling of security not before enjoyed by the friends of education in our State. The acts of 1865 and later years have so fully expressed the constitu- tional intent that there is little left for a place of attack by those who still feel opposed to the present system through this strong centralizing tendency. Important Enactments. In 1824, the prolific mind of Benjamin Parke saw the need of teach- ers who were qualified to teach in our public schools, and a law was en- acted then, requiring all applicants for positions in the common schools to pass an examination to prove their fitness for the work they desired to undertake. At that time all other school laws were merely directory, but these re- lating to the examination of teachers were mandatory — the first instance of such a school law in the great West. By means of this crude, and in many respects, then imperfect law, the public mind has been con- stantly reminded of the importance of some kind of preparation for teachers. Out of necessity has grown the county and township institutes, the State Normal School, the State Board of Education, the several teach- XX SCHOOL LAW OF INDIANA. ers' associations and the Teachers' Beading Circle. In the development of this question, State Superintendent Harvey M. LaFoUette, in his re- port of 1887-8 (p. 86), says: "There has been a steady and very sat- isfactory improvement in the technical qualifications, standard of gen- eral education, and in the culture and general intelligence of the com- mon school teachers of the State. The invaluable influence of the work of our State Normal School, and of the philosophical study of pedagog- ical science in our State University, has done much to direct the course of study and reading, and to determine the ideal standards of profes- sional culture throughout the State. The Indiana Teachers' Reading Circle has been a powerful influence in securing the cultivation of a gen- eral taste for the reading of good literature, and for the study of his- torical and practical educational methods, and has been of incalculable benefit to the school teachers of the State." The establishment of these several institutions had in view the betterment of the common schools. The State Normal School was established December 20, 1865. The county institutes followed March 6, 1865 ; township institutes March 2, 1889 ; State Board of Education, August 24, 1875 ; State Teachers' Association (voluntary), November, 1854; Indiana Teachers' Eeading Circle (voluntary), December, 1883. The next important enactment, and the one still in force, was the one of 1883, requiring the enumeration of school children, and apportion- ing the school revenue according to this population. When the new Constitution was adopted this principle of distribution had been found so practicable under local school governments that it was made the basis for the State. On the 6th of March, 1865, an act defining the school funds in ac- cordance with the decision of our Supreme Court in which it held " that the income from the siale of the land in section numbered sixteen shall be exclusively for the use of the inhabitants thereof," and naming the annual levy of sixteen cents on the hundred dollars valuation and fifty cents poll to be denominated a State school revenue and apportioned as other revenues are apportioned. This act did not give an equal amount of revenue to each school cor- poration of the State, owing to great inequalities in the Congressional Township funds held by the several counties. This was removed by the act of March 11, 1873. A peculiar application of this law is found in Vanderburg County, where the income of the Congressional Township fund is greater per capita than the per capita of the county, so the inhabitants of this Con- gressional Township have received none of the State' 8 common school SCHOOL LAW OF INDIANAo XXI revenues for years, but their income from their Congressional fund is sufficient to give them a ten months' term of school in the year, and to pay good salaries as well. This is the only instance of the kind in the State, and this is owing to the fact that the land has never been sold, advancing in price rapidly on account of its location. The State Board of Education. The State Board of Education, a board of professional educators, has been one of the most valuable agents in our educational progress. The board, as first constituted in 1852, consisted of State officers. In 1855 the Attorney-General was made a member and legal adviser, but this board exerted no appreciable influence on educational affairs until 1865, when its membership was made largely professional, consisting of the Governor, Superintendent of Public Instruction, the Presidents of the State University, the State Normal School and the Superintendents of the largest three city schools in the State. In 1875 the President of Purdue University was added. The large discretionary powers given this board by statute make it one of the most potent agents in our edu- cational system. The duties of this board have been fully set forth in another part of this paper. The County Superintendent is required by law to carry out the orders and instructions of this board. County Management of Schools. In June, 1873, the present system of county management of schools in Indiana came into existence. It was not an accident of random lea:- islation, but the legitimate and natural result of circumstances — the proper answer to a universal and poj)ular demand. Our State had pro- vided liberally for the establishment and maintenance of public schools, so far as money alone would accomplish the result. There was in our statutes a general provision for a system of public schools, but the sys- tem, so far as one had been evolved, lacked in several particulars the elements and conditions necessary to growth, vigor and effectiveness. So the new law sought to gather up the fragments and to coordinate them into as many organs, giving them certain functions to perform and the various parts prescribed powers and duties. The county organiza- tion is so arranged that its utility depends upon the individual work of its members. The responsibility of setting in motion and rendering ef- fective these implements was placed in the hands of a County Superintend- ent. The crisis in the educational affairs of the State had been reached. XXll SCHOOL LAW OF INDIANA. Further progress would depend upon the work of this officer. The powers and duties conferred upon him, although not very specific, were not guessed at, but were based upon an experience which had witnessed the defects and abuses of the old order of things, and had shown the necessity for their elimination. Trustees had made serious mistakes in the building of school houses, in the purchase of apparatus and in the management of their finances, and must, therefore, have a helper and counselor ; public officers, prompted by avarice, had withheld funds due the public for school purposes, or had diverted them from their proper channel. Somebody must correct this evil and secure the sacred funds. An army of teachers was at work, ' costing the State two millions of dol- lars a year, without any one whose business it was to look after the progress of their work, the sanitary condition of the schools, methods of teaching and discipline, etc. , so that improvements of a practical na- ture might be made, all proving conclusively that there must be a super- vision of this work, or at least an inspection of the same. With these duties before him, the County Superintendent began work twenty years ago. Compare the organization and work of the County Boards of to-day with that of the primitive ones. Through committees specially qualified for the work assigned them, we have improved the character of our school buildings, and instead of erecting buildings without any conveniences, we have been rapidly supplying the places of the old frame and log houses with substantial brick ones, adapted in every respect to the needs of a school, as well as ornamental to the neighborhood, because of the elegant design. In the supply of furni- ture and apparatus great advance has been made. The absolute neces- sity for these auxiliaries had long been recognized, but a systematic and economic method of selection and purchase, and of utilizing them in the schools, remained for us to consummate. The progress in another direction has been even greater. Out of the statutory edict, "He shall visit the schools," has grown a system of supervision that has never been equaled in extent and thoroughness, and in beneficial results. By the Superintendent's visitations and personal observations of the work in progress in the school rooms, evils growing out of defective teaching and management have, to a great extent, been eliminated. In the work of organizing the unorganized schools, the idea of uniformity in classification had its birth. Under the stimulus of our system of gradation and graduation our schools have progressed from a mechanical, listless, careless, irregular manner of working, that never accomplished any definite results, to that prompt, energetic, business-like method of taking up a task or line of SCHOOL LAW OP INDIANA. XXlll "work, and fully completing the same : The County Superintendency has run the gauntlet of ten successive Legislatures successfully, through its strong appeal to the people as to its nature, purposes and utility, con- vincing them of its absolute necessity in the school administration. The Text-Booh Question. State text-books — the first experiment in the West is found in Indiana. In November, 1853, the State Board of Education adopted, according ■ to law, a series of text-books for use in the common schools of the State, The recommendations of the State Board were for the purpose of en- couraging uniformity. In the records of this body (1857) we find the following concerning these recommendations : ' ' Time has exhibited the wisdom of our choice. In no State of the Union have efibrts for the introduction of a uniform series of text-books for schools been so suc- cessful as in Indiana, of which we may well feel proud." Local school ofiicers who had the sele(;tion of the books were only too glad to find some guide in making their adoptions for townships, and in a large per cent, of the school corporations we find the series recom- mended by the State Board of Education very genei-ally used in the State from 1853 to 1865. Text-books on the common school branches had so rapidly multiplied that local ofiicers felt competent to select suit- able books without the aid of the State Board of Education. The Leg- islature, in the session of 1865, relieved the Board of this responsibility, and placed the authority of this selection into the hands of the Town- ship Trustees, where it remained till 1873. At the time of the organ- ization of our county system the selection of text-books for the use of schools rested with the- County Board of Education. Cities were ex- empt from the provisions of this act, but incorporated towns were sub- ject to its provision the same as townships. This law remained in force sixteen years. Stale Text-Boohs. In 1889 the General Assembly believed that school books should be furnished more cheaply, and accordingly a maximum price was fixed for the fifteen books provided for. The State Board of Education was to act as a Board of Text-book Commissioners for the State and to contract with the publishers, or authors, or compilers of books, to be bought out- XXIV SCHOOL LAW OF INDIANA. right, or published by the Commission. The law encountered bitter op- position, but the Supreme Court held it to be both constitutional and mandatory. A full series of common school text-books has been adopted under this, and a contract entered into between the Indiana Board of Test-book Commissioners and the publishers for a period of five years from the date of adoption. Requisitions are made by the local school officers for books to the County Superintendent, who in turn makes them upon the Superintendent of Public Instruction, who again forwards them to the publishers. Reports of sales are made quarterly by the local school offi- cers to the County Superintendent, who again reports to the publishers. Patrons of the public or private schools obtain these books from their respective local school officers upon the payment of the following prices in cash : Spellers, 10 cents ; first readers, 10 cents; second readers, 15 cents; third readers, 25 cents ; fourth readers, 30 cents ; fifth readers, 40 cents ; complete arithmetic, 45 cents; elementary arithmetic, 35 cents; com- plete geography, 75 cents ; elementary geography, 20 cents ; complete English grammar, 40 cents ; elementary English grammar, 25 cents ; complete physiology, 60 cents ; elementary physiology, 30 cents ; history of the United States, 65 cents ; copy-book, 5 cents each. Present Tendencies. The tendency of our present school system is worthy of careful study. Looking at the school laws of Indiana, reenforced by the rules and reg- ulations of County Boards of Education, and School Boards of cities and incorporated towns, which our Supreme Court has decided may be enforced, we see a remarkably strong centralized system with the power of the State behind it. That the system is strong there is not the least doubt. But is it directed toward the development of the individual in the largest possible way, or is the individual repressed and made second- ary to the State ? We admit that either may be chosen, but which shall be ? Rosenkrantz says that education is the means by which man seeks to realize in man his possibilities — to develop the possibilities of the race in the individual. Again, he says that education is the emancipation of the youth. It is not possible for the pupil to be emancipated from him- self or realize his possibilities as long as he is '' hedged in" by a fixed course of study and other rules and regulations. A course of study is absolutely imperative where classification is desired, but do we not too often encourage and require a slavish following of the letter of the SCHOOL LAW OF INDIANA. XXV printed page rather than the development of child-mind through the intelligent individual study as the teacher sees his material before him ? Suppose one can enforce a course of study by the authority of law, is the teacher encouraged to cultivate the individual presentation of his subject, or is he led to imagine the class before him as a single thing be- fore him, with but one thing to accomplish — the getting of facts ? Facts have their place in education, but they are not sufficient in themselves. The possibility of raising the standard of instruction, at present, lies chiefly with the teacher, but he must be guided by intelligent supervis- ion ; or, to state it differently, he should be encouraged by the superin- tendent to be himself in the presentation of his subject matter to his^ pupils, and hold the pupils to the work in such a way as to make each one feel through such effort a strength that he has acquired by the proper exercise of his own faculties. We grant there is much room, on the teacher's part, for improvement; but shall we encourage him most by requiring a comparison with the course of study as laid down in the manual each day, or allow him enough variation to throw him upon his own ingenuity, looking only at the results ? The measure of each man should be. Have I done what I ought ? rather than sbme prescribed task. We believe that, while there is much in the administration of school systems that falls short of what we would have it, yet we have a large army of faithful, conscientious teachers and suj)erintendents striv- ing to impress upon the minds of their fellows the fact that whatever will make a man a better man will make him a better teacher. With our State series of text-books, which is mandatory, and a desire to adhere closely to the course of study prepared by a committee of county superintendents for the entire State, unless we have a high grade of professional teachers and wise and judicious supervision, we must drift into methods somewhat narrow, because so closely restricted, rather than, those more liberal and progressive. The public standards of morality and virtue, of industry and patriot- ism, have been elevated through the influence of the common schools, and through the unselfish devotion of an army of teachers do we expect to see the word Hoosier, so long a synonym for verdancy and a low state of civilization, stand for all that which is best in good citizenship. XXVI SCHOOL LAW OF INDIANA. II. OCJTLmE OF THE SYSTEM. 1. A State Superintendent of Public Instruction. Elected by the people for two years — §4406. Charged with the administration of the system, the general superintendence of school affairs, the management of the funds, and revenues, and the interpretation of the school law ; makes reports to the Governor and the General Assembly, apportions revenue among the counties, publishes and distributes the school laws, compiles school statistics, and visits all the counties. — §4408 — 4417, 4482. 2. A State Board of Education. An ex-officio body of professional educators. — §4420. Examines applicants for Life State certificates, pre- scribes examinations for professional eight-year State licenses, and takes cognizance of questions not otherwise provided for. — §4421, 4422, 4425. As Board of School Book Commissioners adopts text-books for the State, and as a State Library Board, supervises State Library. 3. County Superintendents. One for each county, elected by the Township Trustees for two years. — §4424. Examine and license teachers, and direct and superintend their work, hold county institutes, compile educational and financial statistics, and report them to the Superintendent of Public Instruction, and carry out directions of the Superintendent of Public Instruction and the State Board.— §4425 — 4431, 4521. 4. School Trustees. One for each township, elected by the people for four years. — §4438 and 5991, R. S. 1881. Three for each town or city, appointed by the Town Board or City Council for three years. — §4439. Charged with the ownership and management of school prop- erty, levy local taxes, employ teachers, cause township institutes to be held, make reports to County Superintendents and Commissioners, and constitute a County Board of Education.— §4436, 4441-4444, 4520. 5. School Directors. Elected by the patrons in each school district for one year. — §4498. Preside at school meetings, are the media of com- munication between the people and the Trustee, and, under direction of the Trustee, have the care of the school houses, make small repairs and provide fuel. They may exclude refractory pupils, subject to appeal to the Trustee.— §4503— 4506. 6. School Commissioners. One for each district, elected by the voters thereof, in cities of 30,000 or more inhabitants, manage school affairs in such cities. — §4457-4464. 7. General Institutions. State Normal School. — 4542-4560; Indi- ana University. — 4561-4661 ; Purdue University. — 4662-4677. 8. Special Institutions. Institute for the Education of the Deaf and Dumb ; Institute for the Education of the Blind ; State Reform School for Boys. SCHOOL LAW OF INDIANA. XXVil III. EDITIONS OF THE SCHOOL LAW. The act of 1837, relating to public schools, was published "by authority" in the year of its passage. The act of 1852 provided for the election of a Superintendent of Public Instruction, in compliance with the new Constitution, and made it his duty to publish and distribute as many copies of the School Law as he should deem the public good ta require. In obedience to that requirement, annotated editions were published by successive Superintendents, as follows : By Larrabee in 1853, by Mills in 1855, by Larrabee in 1858, by Fletcher in 1861, by Hoss in 1865 and 1867, by Hobbs in 1869, by Hopkins in 1873, by Smart in 1877, by Holcombe in 1883, by Vories in 1891 and 1894, and by Geeting, 1895. XXVlll SCHOOL LAW OF INDIANAo IV. THE PRESENT EDITION. In this edition an effort has been made to present a thorough and complete exposition of the administration of a highly developed educa- tional code — a code embodying a school system which, for its efficiency and thorough organization and its advanced position as to State super- vision and control, is generally recognized as a model State system. This edition is also intended to be representative of the Department of Public Instruction, preserving decisions of the Superintendents as far as they are found applicable to the present law, and crediting each opinion to its author whenever he can be determined with any degree of cer- tainty. On points of administration the Statutes of many other States are similar to ours, except that in our State many matters are made final with school officers, while in many other States they are adjudicated by the courts. Hence, for the guidance of school officers on points that our courts have not adjudicated, numerous extracts from Supreme Courts of other States are inserted where applicable. All applicable decisions fi-om our own Supreme and Appellate Courts are inserted. The subjoined list of State Superintendents and Attorneys-General will enable the reader to fix approximately the dates of decisions : SCHOOL LAW OF INDIANA XXIX V. STATE SUPERINTEI^DENTS OF PUBLIC INSTRUCTION. Wm. C. Larrabee. Nov. Caleb Mills Feb. Wm. C. Larrabee " Samuel L. Eugg . " Miles J. Fletcher " Samuel K. Hoshour ..„....., May Samuel L. Rugg Nov. George W. Hoss = ......«.. Mar. Barnabas C. Hobbs Oct. Barnabas C. Hobbs Mar. Milton B. Hopkins . . « Mar. Alexander C. Hopkins Aug. James H. Smart Mar, John M. Bloss John W. Holcombe Harvey M. LaFollette. Hervey D. Vories David M. Geeting '52 to '55 to '57 to '59 to '61 to '62 to '62 to 'Qd to '68 to '69 to '71 to '74 to '75 to '81 to '83 to '87 to '91 to '95 to Feb. '55 " '57 " '59 " '61 May '62 Nov. '62 Mar. '65 Oct. '68 Mar. '69 " '71 Aug. ' 74 Mar. '75 " '81 " '83 " '87 " '91 " '85 YI. ATTORNEYS-GENERAL. James Morrison. . . , . 1855-57 Clarence A. Buskirk . 1874-78 Joseph E. McDonald . 1857-59 Thomas W. Woolen . 1878-80 James G. Jones . . . 1859-60 Daniel P. Baldwin . . 1880-82 John P. Usher . . . . 1860-62 Francis T. Hord . . . 1882-86 Oscar B. Hord . . . . 1862-64 Louis T. Michener . . 1886-90 Delano E. Williamson . 1864-70 Alonzo G. Smith . . . 1890-94 BaylesB W. Hanna . . 1870-72 Wm. A. Ketcham . 1894- James C. Denny „ . . . 1872-74 XXX " ' SCHOOL LAW OF INDIANA. VII. EXPLAE^ATIONS. The Board of Revision of the Laws, created by the act of March 28, 1879, codified the laws relating to common schools, the State Normal School, Indiana University and Purdue University, and published them as Chapters 52, 53, 54 and 55 of the Revised Statutes of 1881. The numbering and arrangement of sections made by the Board of Revision are preserved, and the numbers in the original acts are placed at the end. of each section. In cross-references the letters R. S. and figures 1881 are placed after the number when the section designated belongs to a part of the Revised Statutes not included in the school law. A care- fully prepared index may be found at the end of the volume. July 10, 1895. CONSTITUTIONAL PROVISIONS. ARTICLE Vlir— EDUCATION. [In force November 1, 1861.] 182. Common Schools. Knowledge and learning generally dif- fused 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 agri- cultural 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. 1. Schools a State Institution. Under our former Constitution we had had two systems of common schools, the general and local, and the local had broken down the general system and neither had flourished. This was an evil distinctly in the view of the convention which framed the new Constitution, and it was determined that the two systems should no longer co-exist ; that the one general system should continue, strengthened by additional aids, and that the counter- acting local system should go out of existence. * "■•■ Common schools, as a whole, are made a State institution — a system co-extensive with the State, em- bracing within it every citizen, every foot of territory, and all the taxable property of the State. — City of Lafayette v. Jenners, 10 Ind. 76 and 77; 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. Carter, 48 Ind. 358. 3. Uniform. It must be uniform. This will be 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 admission. — Id. 359. 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 degrees of pro- ficiency shall be assigned. — Id. 360. 5. Colored Pupils. To require the white and colored children to be taught separately, provision being made for their education in the same branches, accord- ing to age, capacity or advancement, with capable teachers, does not amount to a denial of equal privileges to either, or conflict with the open character of the system required by the Constitution. — Id. 362, §4496. 10 SCHOOL LAW OP INDIANA. 6. This section does not require the Legislature to levy all school taxes nor prohibit it from providing by general law for the levying of school taxes by the local school authorities. — 102 Ind. 307. 7. Legislative Power. The Legislature is given full power under this section to provide for a general and uniform system of common schools, and such power necessarily resides in it, although it is not given by the Constitution. It may prescribe the course of study and the system of instruction that shall be pur- sued and adopted, as well as the books which shall be used. 122 Ind. 462. 183. Common School Fund, 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; The fund to be derived from the sale of county seminaries, and thfr moneys and property heretofore held for such seminaries ; for the fines assessed for breaches of the penal laws of the State, and from all for- feitures which may accrue ; 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 Indiana by the act of Congress, of the twenty- eighth day of September, one thousand eight hundred and fifty, after deductiug the expense of selecting and draining the same ; Taxes on the property of corporations that may be assessed by the. General Assembly for common school purposes. 1. Consolidation Void. In so far as this section attempts to consolidate the Congressional Township Fund with other funds, it is inoperative. The pro- visions of the School Law of 1852, which were designed in pursuance of this- section to effect such consolidation, are in contravention of the subsequent 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. 3. Penalties. The fact that a penalty under section 6339, 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, as such penalty is not a fine in the sense of the word as there used, 108 Ind. 132. So the statute turning over certain fines assessed for immorality to the Home for Friendless, Women is valid, sec. 6243 ; 50 Ind. 215. 4. Escheated Eeal Estate — Estray. Under this section it is "the fund' SCHOOL LAW OF INDIANA. 11 to be derived from the sale of escheated real estate," and not such real estate itself, which becomes a part of the common school fund, 63 Ind. 33. So money arising from the sale of estrays and property taken adrift belongs to the school fund by force of the act of 1844, p. 86, and E. S. 1881, §235; 92 Ind. 353, sec. 4325a. 5. See sec. 4325 and notes. 184. Principal, a perpetual fund. 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 inviolably- appropriated to the support of common schools and to no other purpose whatever. 1. This "fund must be devoted to the support of the common schools, with- out the diversion from it of a penny for any other purpose whatever," 120 Ind. 282. 2. 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 ascertaining the facts. No official statement can conclude 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 Instruction, "conclusive evidence of the facts therein contained," is unconstitutional, 120 Ind. 282. 185. Investment and distribution. 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 sev- eral counties, and shall make provision, by law, for the distribution among the several counties of the interest thereof. 1 1. — 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. — 37 Ind. 122. ' 186. Reinvestment. If any county shall fail to demand its pro- portion of such interest, for Common School purposes, the same shall be reinvested for the benefit of such county. ' 187. Counties— Liability . The several coun ties 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. 1. Eents. a county is liable for rents derived from unsold congressional township land. — Davis u The Board, 44 Ind. 38. ', 2. Action. An action may be sustained in the name of the State on the re- lation of the Board of County Commissioners to recover rent received by a Town- ship Trustee for the lease of unsold school lands belonging to the sixteenth section, and not paid by such Trustee into the county treasury. — 44 Ind. 38, 94 U. ^ (4 Otto) 792. 3. Money fob the Kent of Unsold School Lands. Money derived from 3 — School Law. 12 SCHOOL LAW OF INDIANA. 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 in- habitants of the congressional township in which such section lies. — 44 Ind. 38. 4. Policy of the Law. It is the policy of the law that all school funds [revenues] are to be distributed to the beneficiaries thereof through and from the county treasury to the proper officers of the various school corporations — cities, towns and civil townships, 44 Ind. 38. 5. See sec. 4326 and notes. 188. Trust Fmids inyiolate. 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. 1. Expense of Management. The Constitution requires the counties to bear the expense of managing the School Fund, 103 Ind. 497 ; 65 Ind. 176 ; 90 Ind. 359; 116 Ind. 329. . 2. DiBECT Tbtjst— Statute of Limitation Inopeeative. The county, in receiving and disbursing the 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, 103 Ind. 497; 106 Ind. 270. 3. Action Against County. An action will lie against a county for money paid out of School Fund to its officers for managing such fund, 103 Ind. 497. 4. Settlement Between Commissioners and County Officer does not Conclude the State. A settlement between the Board of Commissioners and a County Auditor or other county officer does not conclude the State from maintain- ing an action to recover school funds unlawfully paid to an officer by the board, 103 Ind. 497; 106 Ind. 270; 116 Ind. 329, 531. 5. 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 services out of the proper funds ; but such fees can not be paid out of the moneys recovered in such proceed- ings, as such moneys, under the compact between the United States and the State of Indiana, and under Section 3 of Article 8 of the State Constitution, are in- violably appropriated 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, with interest from the date of diversion. Attorney's fees should be paid out of the general county fund, 116 Ind. 329. 6. The Grant was a Contract. The grant, by Congress, of the sixteenth section to the inhabitants of the Congressional townships, respectively, was a con- tract executed and incapable of revocation by the legislature, 6 Ind. 83 ; 7 Ind. 570, 636; 22 How. 56 ; but the School Law of 1855 was held valid, 7 Ind. 570, 630. 189. Superintendent of Public Instruction. The General 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. 1. See sec. 4406 and notes. THE SCHOOL LAW. ARTICLE I— THE FUND. [1865, p. 3. Approved and in force March 6, 1865.] 4325. What constitutes. The funds heretofore known and desig- nated as the Surplus Revenue Fund, all funds heretofore appropriated to 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 property belonging thereto, the moneys and properties heretofore 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 may be granted hereafter, to the State, when no special object is expressed in the grant, the proceeds of the sales of the swamp lands granted to the State of Indiana by the act of C!!ongress of September, 1850, the taxes which may be assessed from time to time upon the property of corpora- tions 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 township school lands, at the reasonable value thereof, shall be denominated the "Congressional Township School Fund," and shall never be diminished in amount, the income 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 appropriated, and shall be applied exclusively to fur- nishing tuition to the common schools of the State, without any deduc- tion for the expense of collection or disbursement. (2) 1. Two Distinct Funds. This section, in conformity with the decisions cited under Const. 183, provides that there shall be two distinct funds, the "Common 14 SCHOOL LAW OF INDIANA. School Fund" and the "Congressional Township School Fund," which must be kept apart and managed separately (§4327). Under the former title are consolidated all the funds named in the Constitution, except the Congressional Township Fund, and in addition thereto "all funds heretofore appropriated to eommon schools," referring to all moneys arising from the sale of estray animals, and property taken up adrift, which were, by an act approved January 15, 1844, 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, for the term Common School Fund in the Constitution includes both. — 7 Ind. App. 71. 2. Eevenues. Of the "School Revenue for Tuition" the interest on the Common School Fund, the proceeds of the State tax, and the unclaimed fees are paid into the State treasury and apportioned to the counties by the Superintend- ent of Public Instruction semi-annually on the basis of school population. — §4477- 4482. 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. — §4486 E. S. 1881, and §5316 ; State v. Forkner, 70 Ind. 241. 3. Fees of Opeicers. No deduction shall be made from the school reve- nues for expense of collection or disbursement, but the county auditors shall re- ceive 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.— K. S. 1881, §5909; Hanlon v. The Board, 53 Ind. 123. 4. Illegal Dedtjctions Eecover ABLE — Statute of Limitations. By the school law of 1855, and also of 1865, still in force (R. S. 1881, §4325), the income of the Common School Fund and the taxes levied and collected for tuition are re- quired to be applied exclusively to furnishing tuition in the common schools of the State. Provision is made for payment out of the county fund of the fees of offi- cers for collecting, managing and dispensing the tuition fund. (R. S. 1881, §5909, 5927, 5928.) From the constitutional and statutory provisions it is manifest that, with reference to common school funds, the State and county act simply as trust- ees for the benefit of the school children of the State. The county can not re- pudiate' or disavow its trust, and where it misappropriates common school funds, no failure of the proper officers to bring suit for any length of time after notice of the misappropriation can be set up by way of limitation to the action to the pre- judice of the beneficiaries of the trust. — State v. St. Joseph Co., 90 Ind. 359; Board of Com. v. State, 103 Ind. 497. Board of Com. v. State, 106 Ind. 270; Board of Com. v. State, 106 Ind. 53. 5. EsTRAYS. Under the first clause of the schedule annexed to the Consti- tution of 1851, the act of January 15, 1844 (p. 86 of act of 1844), entitled "An act converting the moneys arising from the sale of estrays and property taken up adrift into the Common School Fund, not being inconsistent with the Constitution and not having expired or been repealed, has remained and is in force ; " and under its provisions and those of §4325, all moneys arising from the sale of estray animals and property taken up adrift, "so soon as the same shall have vested ab- Bolutely in any county, " become a part of the Common School Fund of the State. — Board v. State, 92 Ind. 353. See sec. 4325a. 6. Eecovery of Deductions. The statute of limitations of 1852 does not bar a recovery against a county for misappropriation of funds donated by the SCHOOL LAW OP INDIANA. 15 'Constitution and laws exclusively to tuition in the common schools; and the ap- propriation of any part of it to the payment of officers' fees for collecting or man- aging 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 of Commissioners, 90 Ind. 359; Board of Commissioners v. State, 103 Ind. 497; Vanarsdall v. State, 65 Ind. 176, 184. 7. Fines. 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 with reference to escheats are not self-executing; and money paid into the State Treasury for want of heirs under §2411 to §2415, E. S. 1881, does not escheat. — Michener, Atty.-Gen.; State V. Meyer, 63 Ind. 33. [See §4325a and notes.] 9. Belongs to inhabitants. The school law does not conflict with the act of Congress, granting the sixteenth section in the several congressional town-, ships in the State to the inhabitants of such townships for the use of schools. — •Quick V. Springfield Township, 7 Ind. 636; State v. Springfield Township, 6 Ind. 83; Quick v. Whitewater Township, 7 Ind. 570; Daggett v. Bonewitz, 107 Ind. 276. 10. Liquor license fees. Liquor license fees belong to the county, there to be wholly expended for tuition purposes, and not to the permanent Common School Fund of the State.— E. S. 1881, §5316; 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. State not liable to county. The State is not liable to a County Treasurer for the collection of the revenue belonging to the School Fund. — Michener, Atty.-Oen. 13. Property found on dead bodies. The proceeds of effects found by the Coroner on the bodies of dead pei'sons do not belong to the Common School Fund, but go to the support of the common schools of the county, and an action to compel its proper application can not be prosecuted on the relation of the Attorney-General. — State v. Board of Commissioners, 85 Ind. 489. 14. Lotteries. Lotteries in aid of schools, and gift exhibitions are illegal. Whitney v. State, 10 Ind. 404. 15. Tax penalty. The provision of the tax law (E. S. 1881, §6339), 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 consti- tutional.— Burgh V. State, 108 Ind. 132. 16. 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.] 17. The Auditor of State loans the funds known as the College Fund and the Endowment Fund. Vories, Sup't. 18. See sections 183 and 188 and notes. [1844, p. 86. Approved and in force January 15, 1844.] 4425a. Estrays and property adrift. 1. 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 county, shall be by the iproper officers transferred to the Common School Fund of the county, 16 SCHOOL LAW OF INDIANA. and shall be ratably apportioned amongst tbe several school district© [corporations] thereof. 1. The above section is in force, 90 Ind. 353. 2. The Attorney-General is the proper relator to wage such suits on behalf of the state, 67 Ind. 148 ; 92 Ind. 353. 3. See note 8, under sec. 4325. 4326. Counties liable. 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 interest shall be full and complete every year, and shall so appear in the Auditor's report to the Superintendent of Public Instruction ; and the Said Superintendent shall, at any time, when he dis- covers, from the report or otherwise, that there is a deficit in the amount col- lected, for want of prompt collection, 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. (3) 1. Interest. This section is designed to carry out the requirements of the- Constitution (§187). The interest on the school funds is at the rate of six per cent.— §4367. 2. Deficits made xjp. The Board of County Commissioners is required to- make up losses to both the principal and interest of the funds, at their June meet- ing (§4399), 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. 3. Attoeney-General as relator. When suit is brought by the State tc recover any part of its common school fund, the Attorney-General is a proper officer to bring such suit, and is a proper relator therein. — Board v. State, 92. Ind. 353 ; 5 Ind. App. 220. 4. Attorney's fees. A county may, and it is its duty, to employ an attor- ney to protect the school fund ; but it can not pay him out of that fund ; it must pay him out of the genera] county fund. — Board of Com. v. State, 116 Ind. 329. 5. County liable. The school fund is intrusted to the county, and it is charged with the amount it receives; if loss occurs the countj' has to make that loss good ; and if the money is not loaned the county is chargeable with the inter- est 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 framers 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 interest annually paid. — Board of Com. V. State, 122 Ind. 333 ; 7 Ind. App. 71 ; 5 Ind. App. 220. 6. Diversion of funds. If money, instead of being added to the perma- nent school fund of the county, has been applied to other purposes for the benefit 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 Commis- sioners, demanding that it be receipted back into the county treasury. State v. Board, 5 Ind. App. 220. 7. Mandamus. Mandamus is not the proper remedy to recover funds due from the county to the school fund. State ■;;. Board, 5 Ind. App. 220. 4327. Account of Fund. The County Auditors of the several counties of this State shall, immediately upon the taking effect of this; SCHOOL LAW OF INDIANA. 17 ■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 ac- count, the principal of the Congressional Township Fund, as it existed l)efore its consolidation with the Common School Fund, and shall there- after keep a separate account of the principal and interest of the Con- gressional Township Fund of each township. (151) 1. Separation of Funds. This section requires the separation of the Con- gressional Township Fund from the Common School Fund, with which it had been consolidated by the school law of 1852, in accordance with the Constitution (§183). 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 town- ships, to whom they had been granted by the United States. — State v. Springfield Tp., 6 Ind. 83; same, 22 How. U. S. 56; Quick v. Whitewater Tp., 7 Ind. 570; Quick V. Springfield Tp., id. 636. 2. Peoceeds or Lands. When the school sections have been sold the pro- ceeds of the sale are managed by the County Auditor, and the interest thereon distributed by him through the county treasury to the proper School Trustees. — Davis V. State, 44 Ind. 38; afiirmed, 94 (4 Otto) U. S. 792. 3. See section 187 and notes. [1873, p. 79. Approved and in force March 7, 1873.] 4328. Custody of lands— Keport ol income. The custody and care of all lands belonging to the Congressional Township Fund shall be with the Trustee of the civil township in which the same shall be sit- uated ; 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 ; aud 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 heretofore 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 vphich 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 exceed the township's otherwise por- tion 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. (44) 1. Eents Distributed. 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 18 SCHOOL LAW OF INDIANA. 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 ©f the Board of Commissioners. — Davis V. State, 44 Ind. 38 ; 94 U. S. (4 Otto) 792. 2. Must be Paid vs Full. The Trustee can not withhold a balance of rent on hand at the date of settlement, to be expended in repairs during the en- suing year. — Bushirk, Att'y-Gen. 3. Judicial 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. K. K. Co., 101 Ind. 766; Daggett v. Bonewitz, 107 Ind. 276. 4. See sections 187, 188 and notes. 5. The Equalization of Eevenue among the civil townships by taking into consideration the congressional township revenue is constitutional. — 7 Ind. 570; 10 Ind. 72; 9 Ind. 175; 17 Ind. 344; 14 Ind. 200; 22 U. S. 56. 6. See section 4486 and notes. 7. 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. — 126 Ind. 261; same case, 26 N. E. Kep. 156. 8. Where Lands vfere Selected by the Secretary of the Treas- ury FOR School Purposes, under 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 iuto possession of the land while the title was in the U. S. did not prevent his holding from becoming ad- verse to the township so soon as the title vested in it. — 29 Ind. 70. [1865, p. 3. Approved and in force March 6, 1865.] 4329. Leasing lauds. 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 di- rected by a majority of such voters. (45) 1. Voters. The voters here intended are such persons as are entitled to vote at general and township elections, as defined in the Constitution (E. S. 1881, §84). As the law does not provide how such vote shall be taken, a petition is the better mode of procedure. If signed by a majority of the voters of the township the Trustee is bound to comply with it. See 27 N. E. Eep. 439. Same case, 1 Ind. App. 34. 2. Power of Township Trustee. A Township Trustee has no power ta^ lease the lands belonging to a congressional township, unless the voters of such., SCHOOL LAW OF INDIANA. 19 -township direct their leasing ; and a tenant taking a lease without such directions laving been given, does so at his peril. — 1 Ind. App. 34; same case, 27 N. E. Eep. 439. 3. Authority to Incur Debts. No authority is given township Trust- ees to incur debts in improving school lands. — 1 Ind. App. 34; same case, 27 N. E. Eep. 439. 4. Contract — Condition Precedents. Wherever the authority of a Trustee to bind his corporation by contract depends upon precedent conditions, one who seeks to establish rights under such contract must show affirmatively that all of the antecedent requirements were strictly complied with.— 1 Ind. App. 34; Same case, 27 N. E. Eep. 439. 4330. Divided school section. When the sixteenth section, or the section which may be granted in lieu 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 di- rection of a majority, the Trustee of one of the civil townships in- cluding a part of said section, to have the care and custody of said section, and to carry out the directions of the voters of the township in relation thereto ; and the Trustee so designated 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 \h.e revenue derived from funds accrued from said sale. (46) 1. See section 4329 and notes. 4331. Boundaries of townships. The County Commissioners of each county are required to conform the boundary of their civil town- ships to those of congressional townships, so far as it it practicable to do so. (148) 1. The County Commissioners have full power to determine the boundaries of civil townships.— E. S. 1881, §5987. [1877 S., p. 66. Approved and in force March 12, 1877.] 4332. School township, when county lines divide. 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 there- from, as in this act is provided. (1) 1. These six sections (4332-4337) provide for the transfer from one county to another of the principal of the fund belonging to congressional townships di- vided by county lines, so that the share of each part of such township may be •controlled and managed by the Auditor of the county in which such part lies. This transfer of the fund is intended to put an end to the system by which an 20 SCHOOL LAW OF INDIANA. Auditor of one county is obliged semi-annually to apportion congressional town- ship revenue between the parts of townships lying in his own and other counties, as provided for by §4432 and 4480, and which proved very unsatisfactory in its working. — Holcombe, Supt. 4333. Auditor's statement as to children. When the enumer- ation 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 correctly, the person or officer making the enumeration shall correctly state the number of children in the congressional town- ship so divided by county lines. (2) 1. See §4472. 4334. Auditor's duty. The Auditor of the county having con- trol 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 fro 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 until the whole portion due such other county is paid over. Such payments shall be made quarterly, to correspond with the fiscal year. (3) 1. Kecommendation. It is recommended that no payments be made be- tween May 1 and July 1, thus allowing the Auditors of counties to receive all re- mittances in time to include them in the June reports of the Auditors and Com- missioners to the Superintendent of Public Instruction. — Holcombe, Superintendent. 2. In Ware v. State, 74 Ind. 181, it was held that a loan made by the Au- ditor of a county to himself was void, but this was so modified in State v. Levi, 9& 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, notwithstanding the reimbursement of the School Fund out of the county reve- nues. (State V. Greene, 101 Ind. 532.) Such mortgage bears the same rate of in- terest after foreclosure as before maturity. (Stockwell v. State, 101 Ind. 1.) But the rate of interest would be modified by the act approved February 17, 1893. Seep. 41, Acts 1893. 3. A County Auditor can not lawfully both lend and borrow from the School Fund, and loans so made and mortgages so executed are without authority of law.— State v. Greene, 101 Ind. 532. 4335. Account and distribution. 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 linC;. SCHOOL LAW OF INDIANA. 21 and shall debit and credit sucli accounts as he receives money or secur- ities from sales or collections from lands forfeited and re-sold, and all -expenses in full 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 enumeration, and credit the proper account in said <;ounty, and continue to pay over to the other county, as above pro- vided, until each county has its proper proportion of said funds. (4) 4336. Duties of the other Auditor. The Auditor of such other county shall open an account with the proper township 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 the Superintendent of Public Instruction, lay one before the County Commissioners (which latter shall be spread upon their record), and both shall be sworn to by the Au- ditor. (5) 4337. Account — Re-adjustment. The process contemplated by this act shall continue so long as any lands remain unsold, or any secur- ities are uncollected, and until each county shall have become possessed of its proper share of such fund in money, when the accounts here re- quired to be kept shall be closed and reported as aforesaid : Provided, That in the year 1890, and every two years thereafter, there shall be a re-adjustment of said fund belonging to such congressional township, upon the basis of the number of children enumerated in each part of such congressional township, as hereinbefore provided ; and the Auditor having a surplus of such fund, according to such basis, shall pay to the Treasurer of the county interested the amount of money due said county upon the per capita basis then existing. 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 ser- vices. (6) 1. The Auditor's fees must be paid out of the General Fund of the county. — 14325, Note 3. [1867, p. 3. Approved and in force March 6, 1865.] 4338. Power of Trustee. The proper Trustee shall have all the rights and powers of a landlord, in his official name, in coercing fulfill- ment of contracts relating to such lands, and preventing waste or dam- cige, or for the recovery of the same when committed. (47) 4339. Sale of school lands. At any time when five voters of any congressional township shall, by petition to the Trustee having 22 SCHOOL LAW OF INDIANA. charge of the school lands belonging to such township, set forth their desire for the sale of all or any part or 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 petitioned for or not ; which notice shall be given at least twenty days before the time specified therein. (48) 1. Voters. The voters here referred to are such as are entitled to vote at general and township elections, by the Constitution (K.. S. 1881, §84). See §4366. 2. When Petition Necessaky. 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. 3. Public Ditch. Congressional Township land can not be assessed for the construction of a public ditch. — 126 Ind. 261. 4340. Proceedings to sell. A copy of such petition shall be en- tered on the book containing the record of the proceedings of such Trustee ; and his action thereon shall, also, be recorded. (49) 4341. Ballots. 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." (50) 4342. Results of election. No sale shall be allowed unless a ma- jority 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. (51) 4343. Certificate of vote. The Trustee shall attend at the time and place specified, and shall make out a certificate showing the num- ber of votes given for and against the sale ; which shall be signed by him and filed in his ofiice ; and he shall enter the same upon his record- book. (52) 4344. ■ Trustee's duty. 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 — First. To divide the lands, so voted to be sold, into such lots as will secure the best price. Second. To afiix 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 proceedings in relation to the sale of said lands. (53) 1. Ee-sale of Land. Land having been sold at the minimum price, and forfeited to the township by failure of purchaser to make deferred payments, vesta^ SCHOOL LAW OF INDIANA. • 23 absolutely in the township, and a re-sale of it must be governed by all the require- ments of this section. — Woollen, Atty-Qen. 2. But any excess above the amount owing under the first appraisement and Bale shall be paid to the first purchaser or his representatives — §4347. 3. When school land which was sold in 1847, and for non-payment of taxes on the purchase-money was again sold in 1883, four weeks' notice of the latter sale was sufficient under the law then in force, and no petition from the voters of the township was necessary, such petition being required only when the land is first ofiiered for sale. — McPheters v. Wright, 110 Ind. 519. 4. See section 4351 and notes. 4345. Order and conduct of sale — Fee. Such certificate and re- turn shall, by such Auditor, be laid before the Board of County Com- missioners, at their first meeting thereafter ; 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 follows : First. It shall be made by the Auditor and Treasurer. Second. Four weeks' notice of Ifhe same shall be given, by posting notices thereof in three public places of the township 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 Auditor, 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 ofiicers, for making such sale, shall receive a fee of one dollar, to be paid by the purchaser. (54) 1. Board must act. If the law has been complied with the Board may be compelled by writ of mandate to order the 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. Public sale. The sale must be made at the door of the court-house of the proper county, at public auction. A private sale is illegal. — McPheters v. Wright, 110 Ind. 519. 3. See section 4351 and notes. [1875, p. 134. Approved and in force March 9, 1875.] 4346. Terms of sale — Timtoer. One-fourth of the purchase- money shall be paid 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 the timber growing thereon, the 24 SCHOOL LAW OF INDIANA. terms of sale in such case 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 annually in advance ; and in such case the terms of sale shall be set forth in the notice provided for in the preceding section : 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 re- moval of such timber, shall not be equal in value to the amount of pur- chase-money, with interest 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 further cutting or removal of such timber. (55) 1. Interest— Cash saxes. Interest on deferred payments must be at the rate of six per cent. — §4369. But sales may be made for cash. — §4359. Not so in case of lands forfeited to the school fund. — §4393, Note 1. 2. Injunction. It is the duty of the Prosecuting Attorney to bring the suit of injunction, at the instance of the Trustee. — Baldwin Atty-Oen. 3. County liable for interest. The county is chargeable with interest on the entire amount of the price of the land, and the default of a purchaser of the land in paying deferred installments, and its consequent forfeiture of the land to the school fund, does not relieve the county of liability for interest on the iull amount. — Board of Commissioners v. State, 120 Ind. 442. 4. Eate of interest. For rates of interest, see section 4369. [1865, p. 3. Approved and in force March 6, 1865.] 1347. Forfeiture — Re-sale. On failure to pay such annual interest when it becomes due, the contract shall become 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 ^nd five per cent, damages, the residue shall, when collected, be paid over to the purchaser or his legal representative. (56) 1. See sections 4344 and 4394. 2. Damages. The damages mentioned here and in §4390 and §4392 belong to the fund from which the loan was made. — Baldwin, Atty-Gen, 3. Overplus. A purchaser who forfeits his land by a failure to pay the annual interest on the unpaid purchase-money, is not entitled to any overplus which may result on a subsequent sale of the land by the State. — Michener, Atty-Gen. SCHOOL LAW OF INDIANA. 25 4. Effect of Fokfeituee — Sn.RPibr»ncers have no right to redeem from the sale. — Schnantzv. Schelhaus, 37 Ind. 85. 9. Sale in Parcels, The County Auditor need not offer the mortgaged premises in parcels, where they are described in the mortgage as a single tract. — Shannon v. Hay, 106 Ind. 589. See notes 1 and 5. 10. Appraisement. Upon the foreclosure of a School Fund mortgage, the court may order the land sold without appraisement. — Stockwell v. State, 101 Ind. 1. 11. 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. 12. Rate of Interest. A School Fund mortgage draws the same interest after as before maturity. — Stockwell v. State, 101 Ind. 1. By act of 1893, the rate is 6 per cent. See section 4369. 13. When Auditor must Bid. It is the duty of the Auditor to offer 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. 14. Subrogation. The purchaser of land sold by an Auditor under a 42 SCHOOL LAW OP INDIANA. school fund mortgage, the sale having been set aside as invalid, may be subroga-- ted to the rights of the State in the mortgage ; and the fact that there was a mis- taken description, if the mistake can be corrected, does not affect the right of subrogation on the part of the purchaser.^Willson v. Brown, 82 Ind. 471. 15. Conveyance — Description Made Good by Eeference. A defective description in a deed or mortgage ia made good by a reference to another deed which contains a true description. — Willson v. Brown, 82 Ind. 471. 16. 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. [1889, p. 314. Approved and in force March 9, 1889.] 4393. Auditor's Bid. In case of no bid for the amount due,, the Auditor shall bid in the same on account of the fund, and, as soon thereafter as may be, shall sell the same — having first caused it to be appraised by three disinterested 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, respect- ively, 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. (97) 1. Statute Mandatory. The Auditor has no power to sell for cash, nor on 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. More Than One Appraisement. If the appraisement is found to be^ too high, the Auditor may have a re-appraisement made, and sell the proj)erty tinder the modified valuation. Any other construction might work irreparable damage to the fund, as property might never sell for the amount of the first ap- praisement, and might thus become a worthless investment. — Wollen, Atfy-Gen,. 3. Duty of Auditor. It is the duty of the Auditor to offer the mortgaged 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. — Haynes v. Cox, 118 Ind. 184. 4. Eeimbursing County. Where the mortgagor fails to pay the interest 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 subsequently the land is sold and con- veyed to a third party, the school fund is only entitled to the principal of said loan and the interest thereon, until after the county treasury is reimbursed be- cause of the interest it has paid to said fund on account of said loan. — Board of Com. V. State, 122 Ind. 333. 5. Surplus. This section is construed with section 4394. Whenever the land is sold, the county takes out the amount of principal of the mortgage for which it was bought in, the amount of interest, damages and costs, and the sur- plus goes to the original mortgagor or his grantee. — Board of Com. v. State, 122 Ind. 333. SCHOOL LAW OF INDIANA. 43 6. Section 4347. Section 4347 has no reference to a sale undejc this section. —Board of Com. v. State, 122 Ind. 333. 7. See section 4392 and notes. [1865, p. 3. Approved and in force March 6, 1865.] 4394. Sale of Lands Bid in. Lands heretofore bought in on ac- count 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, when collected. (98) 1. Compare §4347 and §4393, note 5. 2. 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 amount due. — Clark v. State, 109 Ind. 388. 3. 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. — Michener, Att'y-Oen. See Hamil- ton V. State, 1 Ind, 128 ; Groom v. State, 24 Ind. 255. [1883, p. 79. Approved and in force March 3, 1883.] 4394a. Re-appraisement of Forfeited Lands. 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 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 re-appraised and sold for a sum not less than said re-appraised value thereof; such re-appraise- ment 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. (1) 1. Note. Section 4852 provides for the re-appraisement and sale of any lands in this State belonging to any township for school purposes, which is pre- sumed to include lands forfeited in the manner indicated in this section. If such IB the case, this section supersedes section 4352 as to such forfeited lands, but not as to congressional township lands which have never been sold. 2. Sections 4347 and 4348 relate to the forfeiture and resale of lands orig- inally belonging to and sold by the congressional townships, sections 4383-4393 to forfeiture and resale of lands mortgaged to secure loans from either of the school funds. When a sale has not been effected on the appraisement required by section 4393, this section authorizes a re-appraisement and sale at the end of three years. Compare §4393, note 2. 5 — School Law. 44 SCHOOL LAW OF INDIANA. 4394b. Appropriation hj Commissiouers. Upon the sale of sucli 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 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 placed to the credit of the proper fund, and loaned as other school funds are loaned. (2) 1. Note. The duty of the Board to make such appropriation is imperative, since the county is liable for all deficits in the funds entrusted to it. — §4326, note 2. 4394c. Repeal of Conflicting Laws. All laws and parts of laws in conflict with the provisions of this act are hereby repealed. (3) [1865, p. 3. Approved and in force March 6, 1865.] 4395. Deed by Auditor. 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 Commis- sioners before delivery. (99) 1. Eecoed of Deed. A recording of the deed in the Commissioners' record is a coBdition precedent to its delivery, and a necessary step in the sale. — Arnold V. Gaff, 58 Tnd. 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 taken to perfect a sale, it is no evidence that those steps have been taken. — Williamson v. Doe, 7 Blackf. 12. 3. Tendeb of Deed. A suit for the purchase-money can not be made without tender of a deed for the property, recorded as requii'ed 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. Miller, 60 Ind. 463. 5. Taxes. The title of the purchaser vests in the purchaser freed from all assessment 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 purchaser may be subrogated to the rights of the State in the mortgage. — Wilson v. Brown, 82 Ind. 471. 4396. Statement of Sales. At the public sale at the court-house door provided for in this act, the County Treasurer shall also attend, and make a statement of such sales, which shall be signed by the Audi- tor and Treasurer, and after being recorded in the Auditor's office, shall be filed in the Treasurer's office; and such record, or a copy SCHOOL LAW OF INDIANA, 45 thereof, authenticated by the Auditor's or Treasurer's certificate, shall be received as evidence of the matters contained therein. (100) 1. Note. This statement must be signed by both Auditor and Treasurer, or the sale will be void. — Arnold v. Gaff, 58 Ind. 543. 4397. Title in State Without Deed. When any land is laid [bid] ofi" 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. (101) 4398. Annual Report. County Auditors and County Treasurers shall annually report, in writing, to the Boards of County Commis- sioners 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 invested, unsafely invested and uninvested, and loss, at the date of said reports ; giving also the amount of interest collected upon said funds within the year then ending, and the amount then due and unpaid. (103) 1. See §4404. 4399. Duty of Boards. The Boards of County Commissioners shall, annually, at their June sessions, in the presence of the Auditors and Treasurers, examine said reports, the accounts, and proceedings of said oflScers in relation to said funds, and the revenue derived from them. They shall compare with said reports, the cash, the notes, mort- gages, records, and books of said officers, with a view to ascertain the amount of said funds and' their safety ; and to do whatever may be necessary to secure their preservation and the prompt payment of the annual interest thereon as the same becomes due ; and make up to said funds losses which have accrued, or may accrue. (104) 1. Lost Funds. If any of the School Fund, principal or interest, is lost, the Superintendent of Public Instruction may direct the proper Prosecuting At- torney to institute suit against the county for its recovery. — §4413. If suit is not brought within one year after cause of action has accrued, the Attorney-Gen- eral may bring it.— Acts 1889, p. 124, §9. The Prosecuting Attorney is not au- thorized to bring suit at his own iastance. — E. S. 1881, §5864. See also §4326, note 2. 2. Suit. An action may be brought in the name of the State on relation of the Board of County Commissioners to recover Congressional School Funds. — Groves v. State, 9 Ind. 200; Butler Eogers i). Gibson, 15 Ind. 218. 46 SCHOOL LAW OF INDIANA. 4400. Board's Report. Each Board of County Commissioners, at said session, shall make out a report, in writing, of the result of such examination, showing — First. The amounts of said funds at the close of last year. Second. The amount added from 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 Con- gressional Township Fund and the Common School Fund ; and in its account of the interest or revenue derived from said funds, it shall observe the same distinction. (105) 1. Unsafe Investments. Commissioners are not justified in reporting money as safely invested on the ground that the county is liable for the funds in- trusted 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. — ?4370, note 2. 2. Clause 13. Clause 13 of the above section is obsolete. — LaFollette, Supt. Pub. Inst. 4401. Disposition of Report. Such report shall be entered on the records of said Board ; and copies thereof, signed by the members of the Board, the Auditor, and Treasurer, shall be transmitted to the Auditor of State and the Superintendent of Public Instruction. (106) 4402. Apportionment of Loans. Where 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 Congressional Township Fund ; and where a part of the school funds only are loaned, the Auditor shall so apply a propor- tional 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 Township Fund ; and in all SCHOOL LAW OF INDIANA. • 47 loans made after the taking effect of this act, the note and mortgage shall specify the particular fund borrowed. (152) 1. Note. This section prescribes the manner of carrying out the provisions ■ of §4327, and should have been placed after it in the Revised Statutes. If in any instance its provisions have not been complied with, it is still in force and must be obeyed. [1879 S. p. 102. Approved and in force March 29, 1879.] 4403. Miscellaneous School Fund Account. It shall be the duty of the Auditor in each county to open an account with the Con- gressional Township School Fund, to be styled the "Miscellaneous School Fund Account." He shall transfer to said account, from each township account, all sums on hand at any time when a loan is solicited (provided the aggregate sums will equal the amount sought to be borrowed), and may lend such combined sums in one loan; which 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 accounts 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 orig- inally transferred from each, and debit the miscellaneous account ac- cordingly, and bsilance and close said account as to said loan. In all the entries throughout, he shall keep each entry identified by the proper nmmber belonging to that loan, and so of each combined miscellaneous loan, as contemplated in this act. (1) 4404. Distribution and Report. In all cases where distribution is made of the school funds under the law now in force, it shall include all money on hand, or which, according 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. (2) 4405. Penalty Against Auditor. If any Auditor fail or refuse to distribute and report such fund in full, as required by this act, he ishall be liable to an action on his official bond. The Superintendent of 48 SCHOOL LAW OF INDIANA. Public Instruction shall direct that action be brought upon the official- bond of such defaulting Auditor, and the Prosecuting Attorney of the proper county shall bring such action. On finding against such Auditor, judgment shall be entered for the sum so omitted by him to be distrib- uted, with damages of twenty per centum thereon, which shall be for the use and benefit of the fund so omitted to be distributed. (3) ARTICLE n— ADMINISTRATION. [1865, p. 3. Approved and in force March 6, 1865.1 4406. Superintendent of Public Instruction. There shall be elected by the qualified voters of the State, at a general election, a State Superintendent of Public Instruction, who shall hold his office for two years. (119) 1. Term. The State Superintendency being a constitutional office, the length of the term can not be changed by legislation. — K. S. 1881, §189. 4407. Commencement of term — Oath. His official term shall commence on the fifteenth day of March succeeding his election. He shall take and subscribe the oath prescribed by law ; which proceeding shall in all things conform to the law relative to the oaths of public officers. (120) 1. Oaths of office. Every officer under the Constitution must take sucb an oath before entering upon his duties. — R. S. 1881, §226. 4408. Duties — Oliice — Clerks. 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 appropriated for their support. A;^ suitable office shall be furnished for him, at the seat of government, in which the books, papers, and effects relating to the business of said office shall be kept ; and there he shall give reasonable attendance to the business and duties of the office. He shall render an 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 pur- pose. (121) SCHOOL LAW OF INDIANA. 49 1. Legislattjee's Duty. It is the duty of the General Assembly to pre- scribe the general sphere of the State Superintendent's activity, and to provide :suitable compensation for him. — R. S. 1881, §189. 2. Opinions. He ia not bound to give opinions except to school officers — that is county auditors, county treasurers and superintendents, township trustees, school directors, and. school trustees of towns and cities. But the courtesy of Superin- tendents has established the custom of answering questions touching the construc- tion and administration of the school laws, for all who need such information. 3. His opinions not a defense. For it has been held 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. 4. His opinion entitled to great weight. When a law admits of differ- ent constructions, it is well settled that the usage under it and the practical con- struction of it for a series of years, is entitled to great weight, and sometimes may be decisive. — Appeal of Cottrell, 10 R. I. 615. 4409. Report to GOYernor. In the month of January in each year in which there is no regular session of the General 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, (122) 4410. Report to Oeneral Assembly. 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 instruction, in which he shall furnish a brief exhibit — First. Of his labors, the results of his experience and observation as to the operation of said system, and suggest the remedy for observed imperfections. Secoiid. Of the amount of the permanent school funds, and their general condition as to safety of manner of investment ; the amount of revenue annually derived therefrom, and from other sources ; estimates for the following two years ; and the estimated value of all other prop- erty set apart or appropriated for school purposes. Third. Of such plans as he may have matured for the better organi- zation 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 expenditure 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 instruction. 50 SCHOOL LAW OF INDIANA. Fifth. He shall furnisli such other information relative to the systemi of public instruction — the schools, their permanent funds, annual reve- nues, etc. , as he may think to be of interest to the General Assembly. He shall append to said report statistical tables, compiled from the materials transmitted to his office by the proper officers, with proper smmmaries, averages and totals appended thereto. He shall append a statement of the semi-annual collections of school revenue, and his apportionment 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 defective operation of the system or of any of its parts ; and shall cause ten thousand copies to be printed and distributed to the several counties of the State. (123) 4411. Duties. 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 ascer- tain the amount and the safety and preservation of said funds and rev- enues ; and 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 un- safely 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 teach- ers, and lecturing upon topics calculated to subserve the interests of popular education. (124) 1. Visits. The Superintendent should hold himself in readiness to attend teachers' institutes whenever called upon. But it must be remembered that there are ninety-two counties in the State, and that with so many labors to perform in the office it will be impossible to spend much time in each county. Every teacher of our public schools is required to meet him at the time of such visitations, and the time lost in such cases shall not have to be made up by the teacher. — Fletcher, Supt. 4412. Trayeling expenses. He shall receive, for traveling and other expenses while traveling on the business 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. (125) 4413. Superyision of school funds. He shall exercise such su- pervision over the school funds and revenues as may be necessary to as- certain 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 necessary SCHOOL LAW OF INDIANA. 51 "for the recovery of any portion of said funds or revenues. It is hereby made the duty of the proper Circuit Prosecuting Attorney to prosecute all such suits at the instance of the Superintendent, and without charge against said funds or revenue. (126) 1. See §4400, note 2. 2. May Employ Attoeney. This section and §5611, E. S. 1881, authorize the State Superintendent 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. 4414. May require reports. He may require of the County Au- ditors, County Superintendents, County Treasurers, Trustees, Clerks, -and Treasurers, copies of all reports required 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, rev- enues, and property of the common schools and the condition and man- agement of such schools, as he may deem important. (127) 4415. Blanks and forms. He may prepare, and transmit to the proper officers, suitable forms and regulations for making all reports, and the necessary blanks therefor, and all necessary instructions for the better organization and government of common schools, and conducting all necessary proceedings under this act. (128) 4416. Forms of book-keeping. Forms and modes of book-keep- ing shall, from time to time, be prescribed for County Auditors and County Treasurers by the State Superintendent of Public Instruction. (102) 4417. Shall publish school laws. 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 town- ships as he shall deem the public good requires. (129) 4418. Journals, etc., to libraries. He shall supply each common school library with the Legislative and Documentary Journals, and the acts of each session of the General Assembly, and his own annual reports. At the expiration of his term of office he shall deliver to his successor possession of the office, and all books, records, documents, japers, and other articles pertaining or belonging to his office. (130) 62 SCHOOL LAW OF INDIANA. [1875, p. 130. Approved February 25, 1875, and in force August 24,1875.] 4420. State Board of Education. 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, and Superintendents of common schools of the three largest cities in the State, shall constitute a board, to be denom- inated the Indiana State Board of Education. The size of the cities shall, for this purpose, be determined by the enumeration of children for school purposes, annually reported by County Superintendents to the Superintendent of Public Instruction. The Superintendent of Pub- lic Instruction shall, ex officio, be President of the Board ; and in his ab- sence 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, ef- fects 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 President or a majority of its members, at such place in the State as may be designated in the call ; and shall devise, adopt and pro- cure 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 minutes 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 Superintendent of Public Instruc- tion. (153) 1. Note. When first created in 1852 the Board consisted of the Superintend- ent of Public Instruction and the Governor, Secretary, Treasurer and Auditor of State. In 1855 the Attorney-General was added. It remained merely a board of State officers, but little interested in or conversant with educational affairs, and exerting no appreciable influence, till 1865, when the membership was constituted as at present, except the President of Purdue University, who was added in 1875. As a board of professional educators, independent of politics, it has been a valu- able agent in our educational progress. [1865, p. 3. Approved and in force March 6, 1865.1 4421. Duties and powers. Said Board, at its meetings, shall perform such duties as are prescribed by law, and may make and adopt such rules, by-laws and regulations 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. SCHOOL LAW OF INDIANA. 53 •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 determine the same. (154) 1. Examination questions. B7 virtue of the considerable power conferred by the authorization to take cognizance of matters not otherwise provided for, the Board prepares questions for the examination of teachers, and prescribes the time and manner of their use by the County Superintendents. This work received legislative recognition in 1883 by the enactment of the next section. 2. County Supebintendent. It is the duty of the County Superintendent •to carry out the instructions of the State Board and State Superintendent. — §4429. 3. The State Board appoints the Trustees of the Indiana University.^ — §4565. 4. The State Board a Board of School Book Commissioners for the adoption of text-books.— §4421 b. 5. The adoption of text-books is legislatiTe and not judicial, and can not be reviewed on certiorari. People v. Oakland Board, 54 Cal. 375. [1883, p. 81. Approved March 3, 1883, and in force June 5, 1883.] 4421 a. Traffic in questions. Whosoever shall sell, barter, or give away, to applicants for license, or to any other person, the questions prepared by the State Board of Education, to be used by County Super- intendents in the examination of teachers, or in any way dispose of said questions contrary to the rules prescribed by said State Board of Educa- tion, shall be deemed quilty of a misdemeanor ; and on conviction, shall be fined in any sum not less than ten, nor more than two hundred dollars. (1.) [1865, p. 3. Approved and in force March 6, 1865.J 4422. State certificates. 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 furnish satisfactory evidence of good moral character. They shall hold stated meetings, at which they shall examine all appli- cants, 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 exam- ination, and shall also be valid during the life-time of said holder, unless revoked by said Board. Each applicant for examination shall, on making application, pay to the Treasurer of the Board five dollnrs as a fee. (155) PEOFESSIONAL AND LIFE STATE LICENSES. Examinations for these licenses are conducted by the County Superintendents in the months of February, March and April. The February list embraces the following subjects: Arithmetic, Geography, lEnglish Grammar, Physiology, U. S. History and Beading. 54 SCHOOL LAW OF INDIANA. Subjects for March : Algebra, Civil Government, American Literature^,. Science of Education, and two of the following three subjects — Elements of Physics, Elements of Botany, and Latin (Latin Grammar, two books of Csesar, and two of Virgil). Subjects for April : Geometry, Rhetoric, General History, English Literature Physical Geography, and two of the following three subjects — Chemistry, Geology and Zoology. The following requirements govern the application for Professional and Life State Licenses: 1. Applicants for Life State License must have taught school forty-eight months, of which sixteen shall have been in Indiana. Before entering upon the examination, they shall present to the County Superintendent satisfactory evi- dence of good moral character and professional ability, and pay five dollars each (the fee prescribed by law), which can in no case be refunded. 2. A person holding a thirty-six months' license shall be exempt from the February list and may receive a Life State License by passing on the March and April lists. 3. To be eligible to Professional License the applicant must have held and taught thereon, two thirty-six-month licenses, covering a period of not less than, five years immediately preceding the examination. 4. Applicants for Professional License will take the March examination only. 5. No fee is required of applicants for Professional License. 6. A license will be granted to those who make a general average of seventy- five per cent., not falling below sixty per cent, "in any subject, and who present satis- factory evidence of professional ability and good moral character. 7. An applicant for a Life State lAeense who shall fail in the examination for the same, but who has met all the requirements of a Professional License, shall re- ceive such license, or if he reaches the required average for a Professional License, but falls 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. 8. An applicant is "conditioned," that is, he may complete the work at the next regular examination, if he reaches the required general average and passes 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 manuscript to this Department. — Order of State Board, January 17, 1893. 9. See section 4425 and notes. [1873, p. 68. Approved and in force March 8, 1873.] 4423. Pay and mileage of Board. The members of said Board, other than the Governor and State Superintendent of Public Instruc- tion, shall be entitled to receive for their services, while actually en- gaged in the duties of their office, five dollars per day and five cents per mile necessarily traveled while so engaged ; which amount shall be cer- tified 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 re-imbursed- SCHOOL LAW OP INDIANA. 55 to the general fund by the treasurer 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 ex- pended 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 discharge 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. (156) 1. Appeopeiations. The requirement 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 tem- porarily suspended when an appropriation is made therefor in the biennial appro- priation bill. — Hord, Atty.-Gen. [1895, p. 208. Approved and in force from March 9, 1895.] 4424. County Superintendent. The Township Trustees of the several townships of each county shall meet at the ofiice of the County Auditor of such county, on the first Monday of September, 1895, and biennially thereafter, and appoint a County Superintendent, who shall be a citizen of such county, whose official term shall expire as soon as his successor is appointed and qualified ; who, before entering upon the duties of his office, shall take and subscribe an oath that he will faithfully perform his duties as such officer accoi'ding to law, which oath shall be filed with the County Auditor. He shall execute a bond, with freehold surety to the approval of the County Auditor, payable to the State of Indiana, in the penal sum of one thousand dollars, conditioned that he will faithfully discharge his duties according to law, and faithfully account for and pay over to the projDer persons all money which may come into his hands by reason of his office ; and, thereupon, the County Auditor shall report the name and postoffice address of the person appointed to the Superintendent of Public Instruction : Provided, however, That the Board of County Commissioners shall have power to dismiss any County Superintendent for immorality, incompetency, or general neglect of duty, or for acting as agent for the sale of any text-book, school furniture, or maps ; but no County Superintendent shall be dismissed without giving him written notice, under the hand and seal of the Auditor, ten days before the first day of the term of the Court of Commissioners at which the cause is to be heard. But the said notice shall state the charges preferred against the Superintendent, the character of the instrument in which they are preferred (whether a petition, complaint, or other writ- ing), and the names of those preferring the same. The duties required of the School Examiner by any act shall hereafter be performed by the 56 SCHOOL LAW OF INDIANA. County Superintendent. Whenever a vacancy shall occur in the office of County Superintendent, by death, resignation or removal, the said Trustees, on the notice of the County Auditor, shall assemble at the office of such Auditor, and fill such vacancy for the unexpired portion of the term in the manner herein provided ; and the County Auditor shall be clerk of such election in all cases, and shall cast the deciding vote in case of a tie, and shall keep the record of such election in a book to be kept for that purpose. (33) 1. Amendment Void. The act of March 9, 1875, attempting to amend this section, and §4427, 4429 and 4433, is unconstitutional and void. — The Board v. Smith, 52 Ind. 420; State v. Harrison, 67 Ind. 71. 2. QtJOBTiM FOB, Appointment. A majority of all the Township Trustees of the county is a quorum for the appointment of a superintendent, and the person receiving the votes of a majority of that majority is elected. — Michener, Atty.-Gen. The County Auditor, not being a member of the body, can not be counted in determining whether 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 op trustees. The Trustees meet for a regular appointment by command of the statute, not by virtue of the Auditor's call, but it is proper for the Auditor to notify them of tjie time of the meeting. On the occurrence of a vacancy the Auditor notifies the Trustee^ of the fact and fixes the day for them to assemble to fill it. — Holeombe, Supt. The Trustees, having failed to appoint a Superintendent on the day fixed by law, adjourned sine die, and afterward, on call of the Auditor, met and made an appointment. ' But such action was held to be invalid and of no effect. — State v. Harrison, 67 Ind. 71. Yet had the Trustees adjourned from day to day, an appoint- ment made at such adjourned meeting would probably have been valid; and pos- sibly after adjournment sine die, a mandamus might have issued to compel a re- assembling to perform the omitted duty. — Sacket v. State, 74 Ind. 487. 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 Trustees have the right of controlling the manner of the election. 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. The appointment has very few elements of a popular election about it. The law simply provides that the Township Trustees shall appoint, and says nothing about the manner in which the appointment shall be made. Any mode that they may adopt by which they can arrive at the expression of the wish of the majority is sufficient to designate the person to be appointed, and there is nothing binding until there is a final determination of the subject by the Trustees. — State v. Kilroy, 86 Ind. 118. If an election results, and is duly declared, the right of the person elected is consummated; he can not be deprived of his office by the subsequent action of the Board. — 3fichener, Atty.-Gen. 5. Casting Vote. The County Auditor is clerk of the election, and gives the casting vote in case of a tie, in regular elections as well as in those held to fill vacancies. — Holeombe, SupL SCHOOL LAW OF INDIANA. 57 A tie means that two opposing candidates have each an equal number of votes. An equal division on a motion to appoint a candidate to the office is not such a tie as entitles the Auditor to Vote. — Baldwin, Atty.-Gen. See note 19. 6. Who Eligible. To be eligible to the county superintendency a person must be a bona fide resident and elector of the county. — R. S. 1881, §154. He must have been an inhabitant of the county during one year preceding his appointment, but it is not essential that he should have been a citizen or elector for so long. — State v. Kilroy, 86 Ind. 118. Women are held to be ineligible. — §4540, note 1. 7. 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 in- forming the State Superintendent who has been appointed, and he has no power to decide upon the validity of an election on information furnished from other sources, evidence aliunde. That is a question for the courts. — Holcombe, Supt. 8. Disputed election. The qualifying of the appointee consists la the exe- cution and acceptance of the required bond, and taking and subscribing the oath of office. A person who has received the certificate of appointment and taken the above action is County Superintendent, at least 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. — Holcombe, Supt. See note 22. 9. Appeal on dismissal — Superintendent can not serve while appeaIj 18 PENDING. An appeal lies to the Circuit Court from a decision of County Com- missioners dismissing a Superintendent from office. While such appeal is pending, the person dismissed can not act as Superintendent, but a successor may be ap- pointed, and will hold for the unexpired term, unless the person dismissed is re- instated by the Court. See Walls v. Palmer, 64 Ind. 493, and Matthews v. Chase, 41 id. 357. — Baldwin, Atty.-Gen. See also J. M. & I. Ey. v. McQueen, 49 Ind. 64. 10. Office. The County Commissioners are not required to furnish the County Superintendent with an office, nor are they liable to him for the use of his urchase of real estate on which to erect school buildings, and showing the amount -of the debt incurred for such realty, and the estimated 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 estimated cost of such buildings, and such Board or Com- mon Council can not be enjoined from so doing. Williams v. Town of Albion, 58 Ind. 329. 14. See sections 4439. 4489, 4490, 4491, 4492, 4492a, 4511, 4511a and notes. 4489. Use of proceeds. The proceeds of the sales of such bonds shall be paid to the said School Trustees, to enable them to erect or ;;COmplete such building or buildings and pay such debt. But before •payment to them, such School Trustees shall file with the County Audi- ;tor 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 SCHOOL LAW OF INDIANA. 141 application of such money to the pui'pose for which the same was pro-r vided ; and such Trustees, 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 loss of school revenue- (2) Bond of School Boaed. The bond required to be given by the School Trus- tees is additional to those already given by tlieua (§4440), and may be a joint bond of the three members of the Board, equal in amount to the proceeds turned over to them, but they must be severally bound for the whole amount. — Smart, Supt. [1875, p. 29. Approved and in force March 11, 1875.] 4490. Special tax. In addition to levying the tax by cities or incorporated towns for general purposes, now authorized 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 additional 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 princi- pal 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 collected. The Treasurer of said city or town shall keep accurate 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 delinquent. 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 sucb- city or town, and electing to be transferred to such town or city for edu- cational purposes, 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 ferson in the township where such city or town is located : Provided^, always, That nothing in this act shall be construed to prevent the School' Trustees of such town or city from admitting pupils 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 admission- shall, in no way, interfere with the progress of the children within suck city or town : Provided, further, That the additional sj)ecial tax, hereby 142 SCHOOL LAW OF INDIANA. authorized, shall not, in any one year, exceed fifty cents on any one hundred dollars of taxable property and one dollar on each poll. (3) 1. Section Constitutional. The provision subjecting to this tax persons residing outside tlie town or city, who, though not transferred, send to the school in the building for which the bonds were issued, is not unconstitutional. Kent v. Kentland, 62 Ind. 291. 2. Levy and collection. The tax is to be "levied" as other taxes of such city or town are levied, and "assessed and collected" as State and county reve- nue are assessed and collected. I think, under this law, the levy should be made and certified by the municipal authorities, and placed upon the county duplicate for collection. I come to this conclusion because, by the act of 1867, Trustees of civil townships, Trustees of towns, and the Common Councils of cities, are au- thorized to levy a special tuition tax, "which tax shall be assessed and collected as the taxes for State and county revenue are assessed and collected." (§4469.) This tax must be collected, it would seem, by the County Treasurer, as Trustees of civil townships do not collect revenue, and such has been the uniform practice. The act under consideration, using the same language, and having been passed after the construction mentioned had been placed on the act of 1867, I think it should be held that the act of 1873 required the tax to be collected by the County Treasurer. — Woollen, Atty-Oen. 3. Levy obligatory. 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, neg- lected and refused to discharge their statutory duty, a writ of mandate is the proper legal remedy. Gardner v. Haney, 86 Ind. 17. 4. Admitting non-residents to schools. The proviso that this statute shall not prevent the admission to the particular schools in question of children residing outside the corporation, on payment of tuition, recognizes and by impli- cation authorizes the custom of admitting such pupils to all the schools. The rights of the children of the corporation must always be considered first, and must never be sacrificed for the sake of the tuition money of non-residents. — HoU combe, Supt. 5. Taxing persons transferred. If a person is transferred to a school corporation for school purposes after such corporation has issued bonds to build school houses, such person and his property situated outside such corporation may be taxed to pay ofi" such bonds. — LaFollette, Supt. 6. Property subject to taxation whether transferred or not if children are sent to school. Having voluntarily enjoyed the benefits of the adjoining school by sending his children there to be taught, we think he is bound ^ to pay the tax, whether he caused himself to be transferred to such adjoining dis- trict for educational purposes or not. The fact that he failed to have himself so transferred can not affect the law by which he made himself liable to taxation by sending his children to be taught at the adjoining school ; and he can not avoid the payment of the tax by merely failing to be transferred for educational pur- poses. 62 Ind. 291. 7. Property of transferred person or persons who take advantage of the schools subject to this tax. 62 Ind. 271. 8. See sections 4467, 4468, 4473, 4474 and 4488 and notes. SCHOOL LAW OF INDIANA. 143 [1879, S. p. 76. Approved and in force March 20, 1879.] 4491. Condition toefore building. 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 buildings, they shall file a statement with the Trust- ees of such incorporated town, or Common Council of such city, show- ing 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 buUding or buildings, and the amount of means necessary to be provided to pay for such ground or building or buildings. And they shall not purchase 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 affect any purchase of grounds, or contract made for the erection of any building or buildings, for school purposes, prior to the taking efiect of this act. (1) ri879, S., p. 95. Approved March 31, 1879, and in force May 31, 1879.] 4492. Surplus special school reienue. It shall be the duty of the Board of School Trustees of any city or incorporated 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 interest or principal, or both, of any indebtedness incurred under the provisions of the act of March 8j 1873, authorizing cities and incorpo- rated 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. (1) [1889, p. 101. Approved and in force March 5, 1889.] 4492a. Bonds in cities. Boards of School Commissioners in all cities of this State having thirty thousand, or more, inhabitants, accord- ing to the United States census for the year eighteeen hundred and sev- enty, 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 fifty 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 144 SCHOOL LAW OF INDIANA. 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 incurred in the purchas- ing of grounds, or building of school houses, or in refunding any bonds or other evidence of indebtedness issued for such purpose. Such bonds mav be issued in such denominations and in such sums as the Board of School Commissioners may deem to be expedient : Provided, That at no time shall the amount of such bonds so issued by any such Board of School Commissioners, then outstanding, exceed said sum of two hundred and fifty thousand dollars : And, provided further, That such bonds shall not be sold for less than their par value. (El. Sup., sec. 1264.) (1) 44921). Laws repealed. All laws and parts of laws inconsistent herewith are hereby repealed. (El. Sup., sec. 1265.) (2) ARTICLE VII— SCHOOLS AND SCHOOL-HOUSES. [1865, p. 3. Approved and in force March 6, 1865.] 4493. Bible. The Bible shall not be excluded from the public schools of the State. (167) 1. Note. 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. — 3fUls, Supt. 2. Teacher independeijt. 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 teachings o£ the Bible and things sacred. — Fletcher, Supt. Our law, therefore, wisely leaves the whole matter of Bible reading and prayers with the good "-judgment and conscience of the teachers. To obligate them by contract to read the sacred Scriptures and hold prayers in their schools would be in exceedingly bad taste, if not sacrilegious; to refuse them the right, when they, in good faith and conscience, desire to do so, would be the very worst of tyranny. — Hopkins, Supt. 3. Devotional, exercises can not be enforced — You ask if a rule of the Board requiring "the reading of the Scriptures, 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 : SCHOOL LAW OF INDIANA. "• 145 (1) "All men shall be secured in their natural right to worship Almighty God according to the dictates of their own consciences." Section 47. (2) "No law shall, in any case whatever, control the free exercise and enjoy- ment of religious opinions, or interfere with the rights of conscience." Section 48. (3) "No preference shall be given, by law, to any creed, religious 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- tion 49. (4) "No religious test shall be required as a qualification for any office of trust or profit." Section 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 4493, is to put the Bible in the school and leave the use of it to the good judg- ment and conscience of the teacher. Under the law you are as a corporate body authorized to make and enforce all reasonable rules (not in conflict with the Constitution or statutes) for the suc- cessful conduct of the business entrusted to your care. The statute (section 4493) clearly does not directly authoi'ize 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 war- ranted. 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 "interfere 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 the teacher. This thought is aptly expressed in the Constitu- tion of Virginia — "It is the mutual duty of all to practice Christian forbearance, love and charity toward each other." The School Board should practice forbear- ance, love and charity toward the teacher, the pupils and parents. The opinion of any one, in connection with the school, of whatever religious faith, should be respected and held inviolate, as the Board would have its own opinions respected. — Yories, Supt. 4494. Uniformity as to time — Numbering, All schools in a tov^nship 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 pu- pils at the several schools, or the cost of the school ; and each of said schools shall be numbered, by the proper Trustee, as School No. — . (11) 1. Equality of term. All the schools in the township should, if possible, begin and close at the same time. The law does not require that an equal amount of money should be spent in each district. Differences in the number of scholars may require different prices to be paid for teaching different schools, but all must be taught an equal length of time. — Larrabee, Supt. The statute only requires the schools in the townships to be taught an equal length of time, as nearly as the same can Ije done. Harmony Tp. v. Moore, 80 Ind. 276. See also Maloy v. Madget, 47 Ind. 241. 146 SCHOOL LAW OF INDIANA. If the pupils of a district, where the school-house has been burned, have been - accommodated at other school districts, the money may be distributed in the town- ship, and lengthen each of the schools a few days. If the children can not be so accommodated, the Trustee may hold the remainder of the tuition and apply it next year to this one district. — LaFollette, Supt. But see section 4482 and notes. 2. Eevenue not apportioned. Under the late law [of 1855] the Director employed the teacher. To enable him to do this, the Trustee was required to ap- portion the school revenue of his township to the several schools thereof in such a manner as to produce, as nearly as practicable, equality in the length of the schools. Under the present law the Trustee can not apportion the money so as to produce this equality before the beginning of the schools, when he will know the cost of each, and can determine the term for which they can be taught for the money on hand. — Fletcher, Supt. 3. See §4499, note 3. Calendar. A school term of three months shall be sixty days, a school month twenty days, and a school week five days. (163) [1877, p. 124. Approved and in force Mareh 5, 1877.] 449(i). Colored children. The Trustee or Trustees of such town- ship, town or city may organize the colored children into separate schools of the township, town or city, having all the rights, privileges and ad- vantages 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 allowed to attend the pub- lic schools with white children : Provided, further, That when any child attending such colored 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 sufiicient 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 provided for white children of a like grade, and no distinction shall therein be made on account of race or color of such colored child. (3) 1. State's poweb — 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 constituted 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 excflusion of either class ; but since the ratifica- tion of the fourteenth amendment of the Federal Constitution, no system of schools SCHOOL LAW OF INDIANA. 147 "would be general, uniform, and equally open to all, as required by our own Con- stitution (§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. DiSTAisrcE MUST BE REASONABLE. The Legislature evidently intended by the above section that the colored children should have a right to go to the public schools when in oper£^tion, if they desired ; and that they should go to separate schools when they were reasonably convenient, but when not convenient, then to the white schools. What is reasonable, under the circumstances, is largely with the Trustee, and I could lay down no certain rule by which he should be governed. The colored child could be required to go a reasonable distance to attend a colored school, although there might be white schools much closer, but when the reasonable distance has been reached, he can not be forced to go beyond. — Woollen, Atty-Oen. A pupil who is compelled to go from the extreme corner of a township to the center of that township to obtain school privileges, is practically debarred from such privileges. Such a construction of the above act is evidently in accordance with neither the spirit nor the letter of the law. Hence, I must conclude that it is the intent of the law that not only a school or schools must be provided, but that such school must be located that the distance such colored pupil must travel to reach it shall not be unreasonable, and that, in case this is not done, the colored children must be admitted to the white schools. In determining the reasonableness of the distance which a pupil may be compelled to travel to school, the age and condition of the pupil must be taken into consideration. — Bloss, Supt. 3. Privileges equal. I think that the expression ' ' all the rights, privileges and advantages of other schools," clearly makes it the duty of Trustees to furnish colored children, as far as may be possible, school privileges for an equal length of time with the whites. I do not see how the consent of the colored people them- selves to any other arrangement can relieve the Trustees of this duty to the colored children. It is the duty of the State to give them equal educational advantages with white children, whether they demand them or not. — Holcombe, Supt. 4. Compulsion. The Township Trustee will not be required by mandate to establish separate schools for colored children, unless it is shown to be practi- cable. State V. Grubb, 85 Ind. 213 ; State v. Gray, 93 Ind. 303. 5. Separate schools permitted. The constitutionality of the law for the establishment of separate schools for colored and white children is settled. 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 qualified to be admitted. State v. Gray, 93 Ind. 303. [1881 S., p. 580. Approved and in force April 7, 1881.] 4496a. Indigent children. 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 custody with suitable sand 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 148 SCHOOL LAAV OF INDIANA. in the districts most convenient to the place where such children are kept, Avhere they shall be received and taught at least three months in each year, all of such children under her care as are of the proper age to be admitted into such schools, and to give personal attention to the instruction 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. (3) 1. School privii.egbs — Enumekation. Such children are entitled to school privileges in the corporation in which the statute (26106 E. S.) establishes their home, and should be enumerated accordingly. — Holcomhe, Supt. [1885, p. 251. Approved April 2, 1885, and in force July 18, 1885.] 449(>b. Appropriations tor indigent cliildren. The Boards of Commissioners in the several counties of this State are hereby author- ized to make suitable appropriations for the education, in the common school branches of learning, of the pauper children of their respective counties whenever, in the jndgment of the Board of Commissioners, justice to the school district or districts wherein such pauper children are kept demands such assistance ; and. all expenditures authorized by this act, shall be made and paid out of the County Treasury, on war- rants drawn by the Auditor on the order of the Board of Commission- ers : 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 Super- intendent of such asylum to send such children to the township schools. 1. Note. Section 4496a requires the matron, whenever such a person is employed, to send all the indigent children of school age who are in her charge to the common schools in the district most convenient. This additional section requires the Superintendent of the County Asylum to send such children to school in like manner. All the indigent children maintained by the county are thus assigned to the public schools. They should, therefore, be enumerated by the school corporation in which they are maintained, so that the corporation may receive the amount of common school revenue apportioned for them by the County Auditor. But as such children represent no property from which the corporation may derive any revenue from local taxation, the County Commissioners are em- powered, and it is their duty, to appropriate such amounts as may seem to them just for the share of such children in the special school and local tuition revenues. — Holcomhe, Supt. SCHOOL LAW OF INDIANA. 149 [1869, S., p. 40. Approved May 5, 1869, and in force August 16, 1869.] 4497. Branclies taught. The common schools of the State shall be taught in the English language ; and the Trustee shall provide to have taught in them orthography, reading, writing, arithmetic, geog- raphy, English grammar, physiology, history of the United States, and good behavior, and such other branches of learning and other languages 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. (147) 1. Trustee's duty — Mandate. In a Circuit Court the plaintiff asked 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 plaint- iffs had not made a suitable demand on the Trustee in regard to that study, hold- ing 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 proceed- ings. 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 pujjils Iherein 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, lest from any cause they failed in their duty and left those entitled to the benefits 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 neg- lected 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 col- lege. 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 mastered all the primary blanches, and being less than twenty-one years of age, still desires to attend schools, the Trustees must provide suitable instruction 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 children to attend school until they are twenty-one years of age is presumptive 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 townships, as the language of the statute applies to both alike. — Smart, Supt. 150 SCHOOL LAW OF INDIANA. 3. Order of studies. The school law provides that instruction shall be- imparted in certain studies, the German language under certain circumstances being included in the list. The time at which these studies shall be commenced, the order in which they shall be taken up, and the length of time devoted to each, are matters which are and must be left to the Trustees or School Board. It is their duty to act upon a regular petition, but to act in the way which, in their discre- tion, seems most practicable. — Holcombe, Supt. 4. Teacher's contract. If the Trustee had employed a teacher for the term, or school year, before the patrons of the district petitioned him to have the Ger- man language taught in the school, then he was justified in paying no attention to their petition. — Baldwin, Atty-Gen. 5. German a branch of study. The plain requirement of the law is that the common schools shall be taught in English, and that under certain circum- stances the German language may be introduced as a branch of study. It is not contemplated that German shall be used as the medium of communication and instruction in the schools. That would be at variance with the purpose of our schools. But in the midst of a dense foreign population it may be impossible to conduct a school in English. The law never requires the impossible. But it is the duty of officials and citizens to conform to the law in all respects as nearly as' circumstances permit. Now, the German children of Indiana are as much entitled to school privileges as any others, and it is often necessary that they receive instruction through the medium of their native language. But when such is the- case the teacher should be required to teach the children the English language as rapidly as it can be done, and to change the language of the school as soon as possible from German to English, making the latter the medium of communica- tion. It follows that no person should be employed as a teacher of German chil- dren who is not able to pursue this course, for which the ability to speak English is essential. Indeed, so important is a thorough knowledge of English to such teachers that they ought to be able to write their examination in that language, and there is no reason for exempting them from examination in any of the eight branches. — Holcombe, Supt. 6. Music. The Trustees may require all pupils to study music, to provide 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. 7. License for teachers of special subjects. When a teacher is em- ployed to teach special subjects, he should be examined only on the subjects he is required to teach. — Vories, Supt. See section 4425, note — . 8. Statute construed. The words "any school" means any place where a public school is taught, with its complement of teachers and scholars. 127 Ind. 14. 9. German must be taught when demand is made. Where the requisite 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 particular school where the demand is made. And the Board can not set up a lack of funds as an excuse for their refusal to intro- duce 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 SCHOOL LAW OF INDIANA. 151 the teaching of German. Board of School Commissioners of the city of Indian- apolis V. State ex rel. Sander, 129 Ind. 14 ; S. C. 28 N. E. Eep. 61. 10. See sections 4425, 4447a, 4447b, 4447c, 4447d, 4447e, 4447f, 4501, 4502, and notes. [1895, p. 375. Approved March 14, 1895. In force June 30,1895.] 4497a. Effect of Alcoholic Drinks and Narcotics. The nature of alco- holic drinks and narcotics and their effects on the human 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 educational 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 xinder their jurisdiction, and to adopt such methods as shall adapt the same to the capacity ol the pupils in the various grades therein ; but it shall be deemed a sufficient compliance with the requirements of this section if provision be made for such instruction orally only, and without the use of text-books by the pupils. (1) 4:497b. Teachers examined concerning. 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. (2) 4497 c. Failure to teach effects — Dismissal. Any Superintendent or Principal of, or teacher in any common school or educational institution sup- ported as aforesaid who willfully refuses or neglects to give the instruction required by this act shall be dismissed from his or her employment. (3) 449 7 d.' When act goes in force. This act shall take effect and be in force from and after the thirtieth day of June, eighteen hundred ninety-five (1895) (4) [1865, p. 3, Approved and in force March 6, 1865.J 4498. Voters' meeting — School Director. The voters shall meet, an- nually, 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 elec- tion, notify the Trustee of his election; and, in case of failure to elect, the Trustee shall forthwith appoint a Director of said school. But any Director so appointed may be removed, upon a petition of three-fourths of the persons at- tached to said school who are entitled to vote at school meetings. (25) 1. Voters at school meetings. Voters at the school meetings of a district are all tax-payers, male and female, except married women and minors, who have been listed as parents, guardians, or heads of families, and attached to such dis- trict. Tax-payers 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. — Buskirk, Atty-Oen. Transferred persons are voters in the district to which they aro attached. §4473. Persons who have moved into the district since the enumeration are voters. — LaFoUette, Supt. 2. The Dieector. The selection of a Director should be a matter of great care. He receives no pay for his services, and should therefore be one whose in- terest in the cause of education would lead him to be a frequent visitor of the school, and whose knowledge of the wants of the school-room is such that he will see that it is provided with all that will add to the comfort and convenience of the teacher and the scholars.- — Fletcher, Supt. If the person elected Director refuses to serve, the old Director holds over, and if he refuse to hold over, or if at any time the Director dies or resigns, a meeting should be called to fill the vacancy. (?4499.) The Trustee can fill a vacancy only when it is caused by failure of the annual meeting to elect. A per- son elected can not be removed upon petition ; but a person appointed must be removed when the demand is properly made. — Bloss, Supt. '152 SCHOOL LAW OF INDIANA. 3. Officees —Elected and appointed. It is only elected oflficers that hold .until their successors are elected and qualified. An appointee to fill a vacancy can only serve out the unexpired term. 78 Mich. 635. 5. 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. — Vories, Siqit. 6. This section has no application to incorporated towns and cities. 42 Ind, 200. [1873, p. 68. Approved and in force March 8, 1873.] 4499. other meetings— Powers. 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' notice shall be given of such 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 Aave power to determine what branches, in addition to those mentioned in section ;fhirty-four of tliis act [§4425], they desire shall be taught in such school, and the time at which such .school shall be taught : Provided, however, That the tuition , revenue apportioned to the school shall be expended, within the school year for ■which it was apportioned : Provided, further, That such school year shall begin on vtbe 'first Monday of July. Such school meetings shall likewise have the power to fill vacancies that may occur in the office of Director ; 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 location, for the erec- tion 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 married women and minors: P'o- vided, That nothing herein contained, 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. (26) 1. School meetings. The machinery of school meetings and School Di- rectors is unprovided for and unknown in cities and to-ivns. Crawfordsville v. Hays, 42 Ind. 200. 2. ,0n determination of branches, see §4497 and notes ; on filling vacancies, see §4498, note 2. ' 3. Apportionment. The apportionment Irere mentioned is not an appor- tionment in the strict sense in which the term is used when referring to that made to the counties by the Superintendent of Public Instruction, and that made to cities, towns and townships, by the County Auditor ; but merely means an in- formal estimate by the Trustees of the amount of money needed for each school or district. (§4494r-2.) A district is not a corporation, and does not acquire a right to any definite share of the revenue, which belongs to the township as a whole. If, therefore, a teacher terminates his engagement so near the close of a term that it is inexpedient to employ another person to complete the term, the money designed by the Trustee for that school remains in his hands, to be ap- plied to the payment of expenses of the other schools in his corporation, and that part of it derived from the tuition revenue must be expended within the school year, — Holcombe, Supt. SCHOOL LAW OF INDIANA. 158 4. Location of school house — Appeal. — The action of a school meeting, with reference to the erection, repair or removal of a school house, etc., has only ' the force of a request, and, therefore, never binds the Trustee to any course of; action. — Smarts Supt. A Township Trustee can not, by mandate, be required to locate and build & school house on land that does not belong to the township, notwithstanding the County Examiner, on an appeal from his decision, has rendered a judgment re- quiring him to erect a school house on said land. It is not enough that a petition bv certain inhabitants of the proper school district to the Trustee, praying for such location and building, states that the land will be deeded to the township on; the acceptance of the location by the Trustee and his order to build. Koontz v. State, 44 Ind. 323. See ^4517-4519. 5. Appeal — Trustee's discretion. The decision of the Examiner is, doubt- - less, final so far as the particular case before him is concerned. But when the Examiner, upon a case appealed to him, has established the location of a school house, is that location to be forever thereafter permanent? Is there no power left in the Trustee, for it must be in him if in any one, to subsequently change the loca- tion, in order to meet the varying wants of the district? We must hold that the location thus made by the Examiner shall forever remain unalterably fixed, or that it may be subsequently changed by the Trustee. If it may be changed by the Trustee at all, it may be done at any time after the action of the Examiner. Mere lapse of time, whether long or short, can not afTect the question. As be- fore observed, we think it clear that the Trustee can make the change. — Id. See - g4537. On appeal, a County Superintendent reversed the decision of the Trustee, lo'- eating a school house. Again, on appeal, he reversed another decision by such Trustee, refusing to locate the school house at a place designated by the Superin- tendent in his first reversal. Thereupon the Trustee located the house at an enu- tirely difierent 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 Superintendent can not make the"- location, and that his decision on appeal is final only for the time. State v. Sfe^— whinney, 67 Ind. 397. This case overrules Trager v. State, 21 Ind. 317, and"' State V. Custer, 11 Ind. 210, on this point. 6. Appeal — Abolishing district. The facts in this case were that the legaf^ voters and patrons of school district No. 16 held a meeting, and by resolution re-- quested the Township Trustee to fit up an additional school room and procure a teacher for said room. The Trustee declined to comply, and an appeal was taken - to the County 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 other- wise 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 stated no cause of action. The statutes permitting the voters to hold school meetings 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 purposes. Where the voters direct repairs 154 SCHOOL LAW OF INDIANA. 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 authority to abolish No. 16 and provide other educational facili- ties for the children thereof. State v. Sherman, 90 Ind. 123; Tuftsin. State, 119 Ind. 232. But see note 9. 7. Eights of pupil after gbadtjation from district course of studies. When a pupil has graduated from the common school course, he is entitled to be taught the higher branches thereafter. If he can not be accommodated in the district schools by vote of school meeting, as provided in section 4499, the Trus- tee must furnish the necessary educational adv-antages elsewhere. The fact that he passed the requisite examination precludes the Trustee from questioning his ability to profitably pursue the higher branches. A similar case was so decided in Grubbs v. Williams, in the Johnson County Circuit Court, in 1880. — Vories, Supt. 8. Trustee may abolish the district. The Trustee may abolish the dis- trict and rearrange the boundaries of others so as to accommodate the pupils of the abolished district. 4 Blackf. 351. 9. Decision of County Superintendent final. The decision of the County vSuperintendent is final as to the location selected by the Trustee. 129 Ind. 101. See notes 4, 5 and 6. 10. Director's certificate of vote. When the vote is certified to by the director it becomes operative. 63 Mich. 611 ; 78 Mich. 635; 59 Vt. 202. 11. 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. 63 Mich. 611; 78 Mich. 635; 59 Vt. 202; 73 Mich. 40. See, also, 15 E. I. 446; 8 Atl. Eep. 341; 21 Neb. 723; 33 N. W. Eep. 266. 12. Plurality will control. In this country it is generally understood that, in the absence of any statutory provision expressly requiring more, a plu- rality of the votes cast will elect. 78 Mich. 635 ; 73 Mich. 40; 40 N. W. Eep. 928; 6 N. Y. Supl. 212; 53 Hun. 143; 41 Kan. 1; 71 Mich. 87; 38 N. W. Eep. 712; 47 N. J. 235. 13. See sections 4498, 4499a and notes. 14. Proviso. Construed. Knight v. Woods, 129 Ind. 101. [1893, p. 17. Approved February 7, and in force May 18, 1893.] 4499a. Whenever it becomes necessary for the Trustee of any township in this State to change and re-establish the site of any school building and remove said building to a new site and location therefor, such Trustee shall first present to the County Superintendent of Schools of the county in which such township is situated, a petition setting forth therein the place and particular point to where it is desired to change and relocate the site of any snch building, and to remove the same thereto, together with a brief statement of the purposes and reasons 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 SCHOOL LAW OF INDIANA. 155 said petition shall be signed by said Trustee and the majority of the pa- trons of the school where said building is located, and satisfactory proof shall be made to said County Superintendent that the persons signing said petition constitute a majority of the patrons of said school. 4409b. Before such County 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 purposes thereof, the place of the change of location of such school building, and the time when the same will be presented to the said County Superin- tendent by posting notices in not less than five public places in his town- ship, three of which shall be in the immediate neighborhood 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 County Superintendent. 4499c. The Trustee of any township in this State violating the pro- visions of this act shall be guilty of a misdemeanor, and, upon convic- tion thereof, shall be fined in any sum not less than fifty nor more than £ve hundred dollars. 4499d. All laws and parts of laws in conflict with the provisions of this act are hereby repealed. * [1865, p. 3. Approved and in force March 6, 1865.] 4500. Estimate of expenses. When such meetings shall petition the Trustee in regard to repairs, removal, or erection of a school house, they shall also furnish to such Trustee an estimate of the probable cost of such repairs, removal or er6ction. (27) 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. [1891, p. HI. Approved and in force March 5, 1891.] 4500a. Doors must swing outward. Whoever, being the owner, manager, lessee, trustee, or person having the charge of any theater, opera-house, museum; college, seminary, church, school house, or other public building, refuses or neglects to cause all the doors thereof, con- structed 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 dollars nor less than ten dollars, to which may be added imprisonment 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. (243) 12— School Law. 156 SCHOOL LAW OF INDIANA. [1883, p. 30. Approved February 27, 1883, and in force June 5, 1883.] 4501. Teachers, eiuploymeiit and dismissaL Trustees shall em- ploy 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 employment. Any teacher who shall commence teaching any such school without a license, shall forfeit all claim to compensation oat 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 employment within the then current year. The said Trustee shall not employ any teacher whom 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 majority 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. (28) 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 procurement of a license does not validate the con- tract. Butler V. Hains, 79 Ind. 575. And a person can neither recover compensa- tion 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 Township v. Farlow, 75 Ind. 118. See also Harrison v. Conrad. 26 id. 337, and Putnam i'. Irvington, 69 id. SO. See note 14. 2. Liabilities of Trustees. If a Trustee employes or permits to begin teaching in a public school any person who has not a valid license as required by law, the Trustee will be liable on his bond for the misapplication of any school revenue paid to such unlicensed person ; and the County Superintendent or any interested citizen may bring an action against the Trustee to recover for the corpo- ration the amount so misapplied. — Holcomhe, Swpt. See note 15. If the father or guardian of a minor employed to teach has given him what is properly called " his time," the minor can sue for and recover the value of his services, and the Trustee can pay him the money, earned without fear of having to- pay it to such father or guardian. But if the father or guardian has not given him "his time," then only the father or guardian is entitled to receive pay for the services rendered, and either of them is entitled to sue for the same. In all cases, before payment is made, require the father or guardian to give a receipt, or else require him to consent in writing to the payment to the minor. — Baldwin, Atty- Gen. See note 31. 3. Teachers' contracts — Actions. A teacher contracts with a school town- ship through its Trustee, and although the Trustee squanders the township funds- and his bond is worthless, yet the township is liable to pay the teacher as specified SCHOOL LAW OF INDIANA. 157 in the contract. A verbal contract with a School Trustee to teach a school is as binding as a written contract. — Baldwin, Atty.-Gen. A contract to teach school, which is left blank in respect to the terms of em- ployment, and contains no stipulation as to how the blanks shall thereafter be filled 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 Township, 77 Ind. 447. The fact that a Trustee has no fmnds is no defense to a teacher's claim for compensation, nor an excuse for refusing to allow him to complete his term of em- ployment. Harmony 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 town- ship 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 act- ually conduct the school each day of the term was caused by the act or omission 't)f the school authorities; and where the evidence shows that a strict perform- •ance 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. Charles- town 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 con- tract be with the "Township Trustee," the contract may be reformed by alleging and proving that it was with the school township, and when so reformed it may be enforced. Sparta School Tp. v. Mendell, 37 N. E. Kep. 604. When may he employed. A contract made by the School Board of Trustees of a town or city with 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 town or city. School Town of Milford v. Zeigler, 27 N. E. Kep. 303; Eeubelt v. School Town of Noblesville, 106 Ind. 478. Amount of recovery, see g4449, note 4. Suf- ficiency of complaint, see School Town of Rochester v. Shaw, 100 Ind. 268, and Owen School Township v. liay, 107 Ind. 351. Where a School Board in session passed, and entered of record, an order em- ploying a teacher, this was a valid employment, and the subsequent signing by the Trustees at diiferent times can not affect it. School Town of Milford v. Zeigler, 27 N. E. Rep. 303. The licensing of a minor to teach in our public schools does not remove his ability to bind himi-elf by a contract to teach school. Any contract such minor may make with a school township is binding upon the township, and such minor may sue the townsliip and recover the value of his services, even though that amount be more than the price agreed upon; But the minor is not bound to teach the school unless he sees fit, and he can receive pay only for the work actually done.— --BaMtym, Atty.-Oen. See 2 above. See also note 9. For term of employ- ment of township teacher see section 4501a. See also note 31. 4. Protest agaii^st teacher. A protest against a teacher to be binding must be made at a school meeting regularly called and conducted according to law before the employment of the teacher, and by a majority of all the persons entitled to vote at such meeting, not merely a majority of those present. The persons en- titled to vote at the school meeting of a district 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. (§4498-1.) The patrons are by law entitled to protest against the employment of any teacher. It 158 SCHOOL LAW OF INDIANA. 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 (§4444-2)' and they can not effect a selection indirectly by protesting against all the world except a certain person. The protest must name definitely the person or persons against whom it is directed. — Holcombe, Supt. 5. Dismissal op teachers. A teacher employed for a definite time may be discharged for incompetency ; but if he is competent, and is, in all things, fulfill- ing his contract, he can not be, without his consent. Crawfordsville v. Hays, 42. Ind. 200. But when the teacher is improperly discharged, the school corporation, not the Trustees personally, is liable. Morrison v. McFarland, 51 Ind. 206 ; But- ler V. Haines, 79 Ind. 575. If a teacher be employed to teach a particular school, and he is not permitted 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 cer- tainly not be discontinued before the other. Sparta School Tp. v. Mendell, 37 N. E. Eep. 604. This is the language of the Supreme Court, and, although made with refer- ence to a city, is an enunciation of the common law principle, and is, I think, ap- plicable 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 investigate charges made by any number of responsible patrons. The decision of the Supreme Court, upon an analogous question, in Thayer v. State, 21 Ind. 317, justifies this opinion. — Smart, Supt. But no Trustee should ever dismiss a teacher without first giving him an op- portunity to be heard in his defense. — Varies, Supt. The Trustee should investigate the truth or falsity of the matter alleged for the dismissal of a teacher. For this purpose he should cause the parties — petitioners and teacher — on an appointed day to appear before him, when he should hear the testimony pi'o and con. Any of the causes for the revocation of a license enumer- ated in §4426, is likewise good cause for the dismissal of a teacher. Peculiar cir- cumstances may sometimes render dismissal proper for other causes. — Bloss, Supt. 6. Holidays. Named and defined in Acts of 1889, p. 101. Recognized holidays can not be deducted from the time for which a school teacher contracts to teach, and his pay reduced accordingly. He is entitled to pay for such days, even though he does not teach. School District No. 4 v. Gage, 39 Mich. 484 ; Holloway v. School District, 62 Mich. 153. See note 38. 7. In cities and towns. The latter part of this section (concerning the power of school meetings and the employment and discharge of teachers) 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 Trustees. Crawfordsville v. Hays, 42 Ind. 200 ; Putnam v. School Town of Irvington, 69 Ind. 80. 8. The contract — What constitutes stipulations of. The variety of stipulations in contracts to teach in this State led the Executive Committee of the State Teachers' Association of 1893 to place the subject, "What constitutes the legal stipulations of a contract to teach," on the program, and to select a noted SCHOOL LAW OF INDIANA. ., , 159 attorney, who has long been a member of the School Board, to present the legal phases of the subject of contracts. Hon. Ephraim Marsh, of Greenfield, Ind., after several weeks' investigation, presented the following paper to the officers' section of the Association. The high standing of Mr. Marsh before the bar of the State, his long service as a school trustee, and the numerous common law interpreta- tions in adjudicated cases which he cites, gives full assurance that his conclusions are sound. School trustees may stand in the way of progress in our public schools. Some of them have greatly injured the schools of their corporations by inserting in their contracts to teach arbitrary, illegal and vicious clauses, thus driving out of their corporations the most worthy and progressive teachers. It is hoped that, by this clear statement of the law and their duties in this regard, there will be fewer vicious contracts foisted upon the teachers of the State, and that the schools will thereby be lifted to a higher plane. A statute requiring the publication in the county newspapers of all contracts to teach would disclose not only an unprogressive, but a very vicious practice in some of our school corporations. These contracts in themselves are highly educative. The people have a vital interest in them. Anything that is contrary to public policy should not be toler- ated in a public contract. The paper. "The question is, ' What constitutes the legal stipulations of a contract to teach'? In the discussion of a question like this, the first thing to call your attention to is, that in every contract there must be the coming together of two or more minds. In a teacher's contract it is the school corporation, by its officers, and the teacher. The school corporation is governed by. the laws of the State, and, in making a contract with a teacher, the laws of the State enter into, and become a part of, the same. See Owen School Township of Clark County v. Hay, 107 Ind., p. 351. "It is also a familiar principle of the law of contracts that that which is re- pugnant or contrary to law, although expressed in the contract, is void. Also anything that is against public policy or vicious in its tendencies. With these simple rules for the construction of a contract, a school officer ought not to have any trouble in drafting a contract with a teacher, or in construing one already drafted, and, therefore, the only stipulations a contract should contain would be the school term, its beginning and ending, the place where the school is to be taught, and the wages to be paid. Anything else in a contract is surplusage, and is very likely to be void ; and, if not void, may lead to confusion and litigation. I think these are the legal stipulations of a teachers' contract, and these only. A school teacher is a quasi officer, and, when he contracts with the proper officer to teach school, he has certain vested rights under the law, which can not be abridged by contract, and should not be if they could, and any limitations placed on him contrary to law are void. For example, such as : ' We reserve the right to close the school at any time if not satisfactory.' "Such a stipulation is not authorized, and is, therefore, void. For authority see 'Tripp v. School District, 50 Wis., p. 651.' "So, likewise, would be all similar stipulations, such as deductions from the wages of the teacher, for legal holidays, etc. The Supreme Court of Michigan, in Holloway v. Ogden School District No. 9, 28th N. W., 764; 62 Mich. 153, says : * The compensation of a teacher can not be affected by the occurrence of a 160 SCHOOL LAW OF INDIANA. legal holiday.' As before stated, a teacher, under the law, has certain vested rights, which can not be taken from him. For instance, where the school house is destroyed by fire or otherwise, the teacher is entitled to his pay, whether he leaches, or not, if the school corporation fails to furnish him another house. In the case of School District v. Crews, 23 111., App., p. 367, the Court says: '' Where the school house is destroyed by fire, and the School Directors fail to f ur- laish another room, a teacher can recover, under his contract to teach, for five months,' etc. So, also, in the case of small-pftx or other epidemic, where the schools have to close on account thereof. For authority see Dewey v. Alpena School District, 43 Mich., p. 480, in which the Court says: 'A public teacher may recover wages for his stipulated term, although school was suspended on ac- -count of small-pox.' So, also, would a stipulation in a contract be void that a teacher is to teach during the pleasure of the School Board, etc. For authority, see Scott v. Joint School District, 51 Wis., p. 554, in which the Court says: ^ Where a teacher is discharged by the School Board before the close, of the term, the district will be liable to him for damage, unless he did not properly perform his contract.' "Just how far a teacher may bind himself by contract, beyond what I have -already given, I am not prepared to say, as the tendencies of the decisions of the courts of last resort, and the public sentiment on the question of the common schools, would seem to me not to warrant school officers in making contracts with public school teachers, to bind them to do or no* to do, anything not clearly de- fined by law. "The public schools of Indiana are run on a broad gauge system, and all who are connected therewith should see to it that the teachers who bear the heat and burden of the day ought not, in any way, to be handicapped by contracts, which, if not in direct violation of law, are at least against its spirit, and the liberal tend- ency of the age in reference to our common schools. "While a teacher's contract may be either by parole or in writing, yet, it should always be in writing, and in plain and unmistakable terms, and ought to be uni- form throughout the State, and I would, therefore, suggest that the Superintendent of Public Instruction prepare a form of contract in conformity to the law of the State, as I am informed that the contracts to teach school, as to the stipulations, are as numerous almost as the school porporations, and contain almost every va- riety of stipulations that may be in the fertile mind of the school officer, binding the teacher to do and perform almost everything under the pains and penalties of everything except the death penalty. This state of afTairs should not exist. We should elevate the teacher, not degrade him. He is doing a noble work, and we should assist him with genei'ous laws and liberal contracts. "In conclusion, I will say that, in my opinion, the legal stipulations of the teacher's contract to teach school are those clearly defined by law, and anything in addition thereto is of doubtful propriety, and will only lead to confusion and error." It is sincerely hoped that the doctrine of the above paper will be followed by every School Trustee in the State. — Vo7'ies, Supt. 9. Tbtjstees must contract as officers, and not as individuals. It must be remembered that School Trustees contract as officers, and not as individ- uals. They are permitted, then, to make such contracts as the law creating the office of School Trustee authorizes them to make, and none other. They can not, SCHOOL LAW OF INDIANA. 161 therefore, contract with a teacher as they might with a farm hand. To contract with a teacher is an official act, and, therefore, such a contract is limited by the statute creating the oifice. They may contract with a farm hand as individuals, and in such a contract they a»i'e not limited by the same laws as when they contract as oncers. — Vories, Supt. 10. Appeal. Upon appeal the case is tried de novo, upon its merits. 7 Ind. 207 ; 12 Ind. 565 ; 33 Ind. 333. This applies to appeals to the County Superin- tendent as well as appeals to the Circuit Court. — Vo7'ies, Supt. 11. Public officers — Whether liable in damages for jiistake. Pub- lic officers, to whom matters may be submitted for their determination, the con- sideration 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. 95 111. 263; 111 Ind. 472; 37 IS. E. Eep. 546. 12. Failure to perform duty under contract. Under the common law the teacher would be subject to discharge if he failed to perform his duty in any material point. 50 Wis. 657. 13. Amount of damac4es in case of wrongful discharge of teachek. When a teacher is discharged without cause, he may recover the amount of his wages according to his contract, unless he could have procured similar employ- ment, the burden of proving which is on the Board. 36 111. App. 133. See note 21. 14. Unlicensed person may recover reasonable wages — Superin- tendent's DUTY. 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 re- covered 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. 51 Ind. 206. It is the County Superintendent's duty to see tkat tuition revenue wrongfully paid out is recovered. — Vories, Supt. 15. Contract must not conflict with law. A contract with a teacher must not conflict with the law in any particular. 29 Ind. 375; 40 Ind. 195; 48 Ind. 541. See note 9. A teacher contracts with reference to the statute. 107 Ind. 351. 16. Witnesses to be sworn. I think our statute impliedly requires all witnesses to be sworn, or to make affirmation. See sec. 4539. — Vories, Supt. 17. Rescinding contract. A contract with a teacher may be rescinded when he is charged with outrageous crimes, such, for instance, as being charged, in a divorce suit, with having committed various acts of adultery. 15 Mo. App. 362. So, also, if the teacher is charged with assault with intent to commit rape. 17 111. App. 347. This is justified on the ground that a teacher impliedly con- tracts to have a good moral character, and to exert the influence of such character upon the school. When the character is in such grave doubt the influence is bad, and the contract is, therefore, broken. — Vories, Supt. 18. Void contract. Every contract relating to the employment of a teacher who does not hold a lawful certificate of qualification is void, by the ex- press terms of the statute. 44 N. W. Rep. 1,002. See notes 1 and 15. 19. Period license must cover to make a valid contract. A license on which a valid contract may be made must not only be "in full force at the 162 SCHOOL LAW OF INDIANA. date of employment," but it must extend over some portion of the school term for which the contract is made. — Varies, Supt. See note 1. 20. Discharged without cause. A teacher engaged for a specific term, and discharged without cause, can recover compensation, the damages usually being the amount of the stipulated wages ; but this may be reduced by proof of ability to earn from other sources. 15 Colo. 367. See note 13. 21. Epidemics — No deductions from teacher's salary for time lost BY REASON OF. Small-pox is not adv^ Dei in such a sense as to excuse a school district from liability on 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 obligation of a contract is one which renders its performance im- possible. Continuing, the Court said : Beyond controversy the closing of the schools [on account of the prevalence of small-pox] was a wise and timely expedient ; but the defense interposed can not rest on that. It must appear that observance of the contract by the district was caused to be impossible by act of God. It is not enough that great difficulties were encountered, or that there existed urgent and satisfactory reasons for stopping the schools. But this is all the evidence tended to show. The contract between the parties was positive and for lawful ob- jects. On one side school buildings and pupils were to be provided, and on the other personal services as teacher. The plaintiff continued ready to perform, but the district refused to open its doors and allow the attendance of pupils, and it thereby prevented performance by the plaintiff. Admitting that the circumstances justified the officers, and yet there is no rule of justice which will entitle the dis- trict to visit its own misfortune upon the plaintiff. He was not at fault. He had no agency in bringing about the state of things which rendered it eminently pru- dent to dismiss the schools. It was the misfortune of the district, and the district, and not the plaintiff, ought to bear it. 43 Mich. 480. So also of diphtheria, 17 Oregon, 517. — Varies, Supt. 22. Neglect to send to school can not affect right to compensa- tion. The neglect of parents to send to school can not affect the right of the teacher to compensation. 36 111. App. 653. 23. Contract with de facto board valid. A teacher under contract with a de facto trustee can recover pay for services. 35 Hun. (N. Y.) 111. 24. Contract with de facto board 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. 27 N. E. Eep. 303. 24. Contract by de facto trustee can not be overthrown by de jure trustee. If a de facto trustee contracts with a teacher, the election of a de jure trustee, who ignores such contract, will not defeat for compensation for dis- charge by him. 15 N. Y. Supl. 818. 25. Substitute teacher. When not waived, a teacher's contract can not be fulfilled by procuring a substitute, however competent. 88 111. 563. SCHOOL LAW OF INDIANA. 163 26. Authority of two members of Board to act — Notice of meeting. Two of three members may contract at a meeting of which the third has had notice, and notice need not be given for regular meetings. 52 Ark. 511. 27. Member op Board employed as teacher vacates his office. A Trustee employed as a teacher by two other members vacates his office as Trustee. Ferguson v. True, 3 Bush. (Ky.) 255. 28. Individual responsibility. The members of a School Board may be held responsible for the dismissal of a teacher, if they act maliciously and without cause. 104 Ind. 548. 29. May refuse to teach refractory pupil. A teacher refusing to teach refractory pupil was held not liable for damages. 24 Pick. (Mass.) 224. 30. Teacher may make rules. In the absence of rules made by the Board or Township Trustee, the teacher may make all reasonable rules for the successful conduct of the school. 53 Conn. 481. 31. Infant may contract to teach. An infant may contract with a School Board to teach. 38 Wis. 100; 50 Vt. 30. 32. Illegal clause in contract. A contract by which the School Board declares, ' ' We reserve the right to close the school at any time if not satisfactory to us," is unauthorized and inoperative. 50 Wis. 651. 33. Contract can not be affected by burning op school-house. Where a district school is broken up, because of the failure of the Trustee to furnish an- other room upon the destruction of the school-house by fire, the teacher may re- cover, under his contract, although he has kept and can furnish no record. 23 111, App. 367 ; 50 Vt. 30. For a Trustee or School Board to insert a clause in a contract declaring that, "In case the school-house shall be destroyed by fire the school shall be closed, and said teacher shall claim wages only for the actual time taught," is unauthorized and inoperative. Section 4444 says : "The Trustees shall take charge of the edu- cational affairs of their respective townships, towns and cities. They shall estab- lish and locate, conveniently, a sufficient number of schools for the education of the white children therein, and build, or otherwise provide suitable houses, furni- ture, apparatus, and other articles and educational appliances necessary for the thorough and efficient management of said schools." This statute makes this duty peremptory. It can not be put off by any pretended contract. It may be argued that the Trustee has no funds with which to build, but section 4438a provides for such emergency. And, too, a room could, in most cases, be rented. — Fortes, Supt. 34. Strictness of court trial not required. The delicate nature of the duty devolved upon the Trustees, to see that unfit or incompetent persons are not put or kept in charge of the children who attend the common schools, forbids the idea of a trial with the formality and strictness that belongs to courts. 3 Hun- (N. Y.) 181. But this does not relieve the Trustee of responsibility, if he acts with malice or in bad faith. — Varies, Supt. 35. De facto and de jure officers acting — Effect op contract. De jure officers, who contract with and render services for a de facto School Board, which is not de jure, while the de jure officers are acting as such and performing their duties, can not recover from the corporation for such services. 8 Atl. Eep. 443. But when de facto officers act in good faith the corporation is bound thereby.. 10 Atl. Eep. 754. 164 SCHOOL LAAV OF INDIANA. 36. Empi^oybient OF Teacher. A finding that the plaintiff was employed ■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 Township Trustee being ex ■officio School Trustee. 119 Ind. 320 ; 37 N. E? Kep. 604. But this would not be so of incorporated towns, as they have a Board of Civil Trustees and a Board of School Trustees. 37. Abolishing department does not affect contract. A teacher is not discharged by abolishing the department in which he is engaged^ or removing him to another and lower grade. 27 N. E.- Eep. 303 ; 37 N. E. Eep. 604. 38. Public policy — Holidays — Illegal deductions. In regard to de- ductions for holidays, we are of opinion that school management should always conform to those decent usages which recognize the propriety of omitting to hold public exercises on recognized holidays ; and that it is not lawful to impose for- feiture or deductions for such proper suspension of labor. Schools should con- form to what may fairly be expected of all institutions in civilized communities. All contracts for teaching during periods mentioned must be construed, of neces- sity, as subject to such days of vacation, and public policy, as well as usage, re- quires that there should be no penalty laid upon such observances. School Dis- trict V. Gage, 39 Mich. 484. And when deductions for holidays was again attempted, this opinion is affirmed in Holloway v. School District, 62 Mich. 153, and in closing the Court said: "We can not but regret that any of our schools ^should be managed in the spirit shown on this record." A trustee has no author- ity to put a clause in a contract that "No wages shall be claimed for holidays un- less actually taught." Such a contract is contrary to public policy and inoperative. Moreover, to put such a clause in' the contract is not only a violation of the intendment of the law, but the result is greatly to disorganize and to break into the regular gradation of the school. People in all other callings recognize the legal holidays, and pupils can not reasonably be expected to be at school on such •days. Hence, if teachers are forced to teach on such days or lose wages, the re- sult is that many pupils are absent, and the systematic gradation and organization of the school interrupted and the best interests of the schi.)ol defeated. Such a clause is contrary to the spirit of our public schools and vicious in the •extreme. — Varies, Supt. 39. Trustees act in an official capacity, not as individuals-. ' ' The School District Board, in making a contract with a teacher, acts officially and on behalf of the district; their powers as a district board are limited by statute, and they can only exercise such as are expressly conferred by statute, or as are fairly im- plied from the nature of the duties and services required by law from them. A clause in a contract of hiring between a School District Board and the teacher of the dis- trict school, by which the Board declares that " We reserve the right to close the .school at any time if not satisfactory to us, " is unauthorized by law and inopera- tive. Tripp V. School District, 50 Wis. 651. The same doctrine is held in Owen School Township v. Hay, 107 Ind. 851. — Varies, Supt. 40. Garnishment of Wages. It is against public policy to allow the wages •of persons in public employments to be reached by garnishment. School Dist. v. 'Gage, 39 Mich. 484. SCHOOL LAW OF INDIANA. 165' 41. Cake of school house — Building fires — Janitob's duty. It is the ' duty of every School Director to put his school house in a suitable condition for the reception of pupils, and this is as much his duty at the middle of the term, or the last day, as the first. A school house is not fit to receive the pupils until the janitor's work has been done each day. It is as essential that he should put the school house in a clean and comfortable condition as it is that he should repair the roof. It being his duty, by consent of the Trustee, and not being any part of the teacher's duty, to prepare the school house in a suitable manner for the recep- tion of the pupils, he has a right to employ the usual agency and pay a sufficient sum to accomplish it. The trustee is, therefore, empowered to allow a reasonable amount for such expense in providing a janitor for the school house, and the Board of County Commissioners can not do otherwise than allow all reasonable bills of the same kind. — Baldwin, Atty. -Gen. 42. 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. 102 Ind. 279. 43. See sections 4425, 4439, 4444, 4499, 4501a, 4503, 4504, 4505, 4506 and notes. 44. Injunction to restrain execution of contract. A Board of School Trustees can not be enjoined from violating its contract with a person for his per- sonal services as teacher. Schwier v. Zetike, 136 Ind. 210. 45. Slander — Charge that teacher is cruel.— A County Superintend- ent and a Township Trustee are not liable for falsely charging a teacher witk cruelty, incompetency and neglect in the exercise of his duties, if they act in good faith. Branaman v. Hinkle, 37 N. E. Rep. 546. [1893, p. 34. Approved and in force February 17, 1893.] 4501a. After the passage of this act, it shall be unlawful 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 ex- piration of the term of office of such Trustee. Every contract made in violationt of the provisions of this section stfall, 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 services rendered under such contract, and for all damages which he may sustain by reason thereof. 1. Contract of predecessor. A School Trustee can not ignore his prede- cessor's contract because of mere formal and technical errors. Sparta School Tp» V. Mendell, 37 K E. Eep. 604. [1865, S., p. 143. Approved and in force December 20, 1865.J 4502. Special examination. If the persons attached to and forming a school district have, at their school meeting, designated other or a less number of branches of learning than those in section thirty-four of this act (§4425) men- tioned, Avhich they desire to have taught in their school, the Trustee, in employ- ing 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. (35) 1. See section 4497 and notes, and section 4425, note 7. 166 SCHOOL LAW OF INDIANA. ' [1865, p. 3. Approved and in force March 6, 1865.] 4503. Director's duties. The Director of each school shall pre- side at all meetings of the inhabitants connected therewith, and record their proceedings. He shall also act as the organ of communication be- tween the inhabitants and the Township Trustee. (29) 1. Remark. The creation of the office of District Director was designed to devolve a certain class of the Township Trustee's duties, which might very properly and with more promptness be discharged by a local agent in each district, upon a person chosen by the people of the locality immediately interested. Much will depend on the energy, intelligence and promptness of the Director. — Mills, Supt. 4504. He has charge of the school-house. He shall take charge of the school-house and property belonging thereto, under the general order and concurrence of the Trustee, and preserve the same ; and shaU make all temporary repairs of the school-house, furniture and fixtures, and provide the necessary fuel for the school, reporting the cost thereof to the Trustee for payment. (30) 1. Possession of house. We think the Trustee has charge and possession of the school-house, for although the Director has the charge for certain purposes, he acts under the order and concurrence of the Trustees. — Hurd v. Walters, 47 Ind. 148. 2. Temporary repairs — Fuel. The Director is the local agent of the Trustee, and is subject to his orders. He, however, is to exercise entire control so far as temporary repairs are concerned, and is to provide necessary fuel. Let us explain what is meant by necessary fuel. It refers not simply to quantity, but also to the quality of fuel and its preparation for use. A tree hauled up to the door is not necessary fuel, nor is a load of good four-foot wood. Necessary fuel means that which is dry, conveniently piled and properly prepared for use. The expense of preparing the fuel is to be reported by the Director to the Trustee, who is to pa;f the former for it. A teacher is not a wood-hauler, wood-chopper, or wood-sawyer, unless he specially contracts to be such. — Fletcher, Supt. 3. Janitor service. It is as much the duty of the Trustee to see that the fuel is placed in the stove and the school-room made comfortable and neat, as it is to furnish the fuel and brooms for these purposes, or to see that the children are well taught and disciplined when once in the room. How and through whom he shall accomplish these things is just where the law is wisely silent. I can conceive of various ways in which he may accomplish them. He may authorize the Director, who is generally chosen because of his proximity to the school-house, to perform the work, and then pay him out of the special school tax ; or he may authorize him to employ some suitable person, and compensate the employe in the same manner ; or he may employ the teacher himself, and pay him from the same source. — Hopkins, Supt. Unless there is an agreement between the Trustee and teacher that the latter is to perform janitor's service, I think he can not be compelled to do so. — Smart, Supt. It is the duty of every School Director to put his school-house in a suitable condition for the reception of pupils, and this is as much his duty at the middle SCHOOL LAW OF INDIANA. 167 of the term, or the last day, as the first day. A school-house is not fit to receive the pupils until the janitor work has been done each day. It is as essential that he should put the school house in a clean and comfortable condition as it is that he should repair the roof. It being his duty, by consent of the Trustee, and not being any part of the teacher's duty, to prepare the school-house in a suitable manner for the reception of the pupils, he has a right to employ the usual agency and pay a sufficient sum to accomplish it. The Trustee is therefore empowered to allow a reasonable amount for such expense in providing a janitor for the school house, and the Board of County Commissioners can not do otherwise than allow all reasonable bills of the same kind. — Baldivin, Atty.-Gen. The janitor may be paid out of the special school fund. — LaFollette, Supt. 4505. Tisits school — May exclude pupils. He shall visit and inspect the school, from time to time, and, when necessary, 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, in the discretion of the Director, for a shorter period. (31) 1. Refractory pupil. Directors have the power to exclude refractory pupils from school for the current term, and School Trustees of cities and towns have undoubtedly the same right. A refractory pupil is one who i^ersistently refuses to obey the resonable rules and regulations of the school, whether made by the teacher or the County Board. The teacher may temporarily exclude from school a disorderly and noisy pupil. In such case the matter should be reported to the Director as soon as possible.— ASWar^, Supt. 2. Exclusion for truancy. The law provides that refractory pupils may be excluded from school. Truancy is a very great evil, tending in various ways to disturb the order and interrupt the progress of the whole school. A very high authority has declared it the greatest hindrance to the improvement of our schools, and the laws of some States have made it in some sense penal. Considering the magnitude of the evil, it seems scarcely to admit of question that pupils hibitually incorrigibly truant may be excluded from school for the current term as refrac- tory. — Hobbs, Supl. 3. Teacher's power as to discipline. The law is well settled, as it seems to us, that the teacher has the right to exact from his pupils obedience 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." Danenhoffer v. State, 69 Ind. 295. 4. Teacher's authority out or school. On this difficult subject we are without guidance from our own Supreme Court, but find sound principles enunci- ated in the familiar case of Lander v. Seaver, 32 Vt. 114, as follows : " When the child has returned home or to his parents' control, then the parents' authority is ^Tesumed and the control of the teacher ceases, and then for all ordinary acts of 168 SCHOOL LAW OF INDIANA. misbehavior the parent alone has the power to punish." But "though a school- master has, in general, no right to punish a pupil for misconduct committed after the dismissal of school, and the return of the pupil to his home, yet he may, on the pupil's return to school, punish him for any misbehavior, though committed out of school, which has a direct md immediate tendency to injure the school and to subvert the master's authority," s when the pupil, "in the presence of other pupils of the same school used toward the master, in his hearing, con- temptuous language, with a design to insult him, and which had a direct and im- mediate tendency to bring the authority of the master over his pupils' into contempt, . and lessen his hold upon them and his control over the school." Teachers, there- fore, should be very careful how they punish pupils for what they may do or say away from the school premises, and should never undertake to punish for such behavior unless it seems necessary for the preservation of discipline in the school. The teacher can not justly be held responsible for the conduct of pupils when out of his sight or beyond his control, and he should give parents and guardians to understand that he will not attempt to exercise a control which it is their duty to exercise themselves. — Holcombe, Supt. See also 23 Texas App. 386. 5. Teacher may make etjles. In the absence of rules established by the Board or other proper authority, the teacher has a right to make all necessary and proper rules for the regulation of the school. In inflicting corporal punishment the teacher must be governed, as to mode and severity of it, by the nature of the oflense, and by the age, size and physical condition of the pupil. When a boy has been habitually refractory and disobedient, the teacher, in punishing him for a particular offense, may take into consideration his habitual disobedience. And it is not necessary that he should inform the pupil at the time that he is punishing him for his past as well as present misconduct. 53 Conn. 481. 6. Teacher and ptjpil — Eules for government of school — Unreason- able RULE. — A rvile established by the teacher of a public school, requiring pupils to pay for the wanton and careless destruction of school property, is un- reasonable, and a teacher has no right to enforce such a rule by chastisement. 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 pupils what they can not do. The vast majority of pupils, whether small or large, have no money at their command jvith which to pay for school property which they injure or destroy by carelessness or otherwise. If required 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 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 ; S. C. 18, N. E. Rep. 266. 7. Willful or malicious act necessary to warrant suspension. A pupil can not be expelled or suspended from the public schools for a careless act, no matter how negligent, if it is not willful or malicious. 77 Mich. 605. 8. Right to punish — Liability of teacher. By law, as well as by imme- morial usuage, a schoolmaster is regarded as standing in loco parentis, and has the right to administer, in case of misconduct, reasonable and proper punishment ta SCHOOL LAAY OF INDIANA. 169 a pupil, having regard to the character of the offense, the sex, age, size and phys- ical strength of the offender; and while he necessarily has a discretion, determined by the facts of the particular case, both as to the character and the degree of the punishment, he is liable criminaliter for any abuse of his authority, if prompted by malice, or other improper motive, if unreasonably severe, if inflicted with an im- proper instrumenj;, or if resulting in permanent injury to the pupil. 88 Ala. 169. 9. Suspension — Uneeasonabi.e eule. A regulation that each scholar, ■when returning to school after recess, shall bring into the school-room a stick of wood for the fire, is not "needful" for the government, good order and efficiency of the schools, and a scholar can not be suspended for a refusal to comply with such regulation. State v. Bd. Ed., C3 Wis. 234. 10. Parent must sign monthly report — Pupil must return it. A rule which makes it the duty of the teacher to keep a record of the standing of -each pupil in the stxidies pursued by him, of his attendance and deportment, to send each month by the pupil a written report of the same to his parent or guar- 'dian, and which requires such parent or guardian to sign and return the same to the teacher, is a reasonable one, and a pupil may be suspended until such time as >he may comply with such rule. Board of School Trustees v. State (Neb.), 52 N. W. Eep. 710. 11. Common law or the school — Teacher's authority. While the principal or teacher in charge of a public school is subordinate to the School Board or Board of Education of his district or city, and must enforce regulations adopted by it for the government of the school, and execute its lawful orders in that behalf, yet, in matters concerning which the Board has remained silent, he has authority, as in loco •parentis, to enforce obedience to his lawful commands, subordination, civil deportment, respect for the rights of other pupils, and all ob- ligations inherent in every school system and constituting the common law of the school, which every pupil is presumed to know. Burpee v. Burton, 45 Wis. 150. 12. Corporal punishment. A teacher may punish a pupil with kindness, prudence and propriety, for disobedience of his proper commands ; and when the punishment is reasonable, he can not be prosecuted for assault and battery. 'Cooper i'. McJunkin, 4 Ind. 290; Danenhoffer u. State, 69 id. 295. The teacher may exact compliance with all reasonable commands, and enforce obedience by inflicting corporal jiunishment, in a kind and reasonable 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 what the situation required should have •weight, as in the case of a parent under similar circumstances, and the reason- ableness 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 chas- tisement was cruel or excessive because pain was produced, or abrasions of the skin resulted from a switch used by the teacher. When a projaer weapon has been used, the character of the chastisement with reference 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 attributes, of the pupil, and the deport- ment of the teacher. Vanvactor v. State, 113 Ind. 276 ; Danenhoffer v. State, 79 Ind. 75. 170 SCHOOL LAW OF INDIANA. 13. Teacher not liable foe, eeeor of judgment if he acts in gooit FAITH. A. teacher is not liable for error of judgment as to when and to what ex- tent punishment is necessary, if he acts in good faith and without malice. 9 Atl. Kep. 722. 14. After graduation. When a pupil has graduated from one depart- ment, his re-admission into that department can not be compelled. 4 N. Y. Supl. 102. 15. Pupils may be suspended for tardiness. Pupils may be suspended for tardiness. 31 Iowa, 562 ; 116 Mass. 366 ; 71 Mo. 628. 16. Eules must be reasonable under the circumstances. Ill Ind. 472. 17. Liability of school officers. The School Board is not liable for ex- pulsion unless the action is wanton or malicious. 95 111. 263. 18. Imbioral or licentious pupils. Eegulations forbidding the attend- ance of immoral or licentious persons can be enforced, even though the conduct may be proper while at school. 8 Cush. 160. 19. Suspension for refusing to declaim. A pupil may be suspended for refusing to declaim. 59 N. H. 473. 20. Barring doors. Barring the doors against little children in winter is unlawful — 63 111. 350 — unless pupils are provided with comfort. Ill Ind. 472. 21. Pupils must submit to reasonable rules. A student must submit to any proper rule necessary for the good government of the school. 82 Ind. 286. 22. Failure to use text-books. Pupils may be suspended for failure to use text-books. 12 Allen (Mass.) 127; 95 111. 266 ; 38 Me. 379 ; 59 N. H. 473 ; 32 Vt. 226; 29 Ohio St. 89; 108 Ind. 31. 23. Habitual absence. A pupil may be suspended for habitual absence. 48 Vt. 444; 71 Mo. 628; 13 Brad. (111.) 520. 24. Misconduct. A pupil may be suspended for misconduct. 27 Me. 266 ; 111 Mass. 499; 105 Mass. 476; 27 Vt. 755. 25. Corporal punishment discouraged. Corporal punishment may some- times be necessary, but it seems to me that the language of Judge Stuart, in Cooper V. McJunkin, 4 Ind. 290, in 1853, is still very appropriate. The Court says : "The law still tolerates corporal punishment. The authorities are all that way, and the Legislature has not thought proper to interfere. The public seem to cling to a despotism in the government of schools which has been discarded every- where else. Whether such training be congenial to our institutions, and favor- able to the full development of the future man, is worthy of serious consideration, though not for us to discuss. " In one respect the tendency of the rod is so evidently evil that it might, perhaps, be arrested on the ground of public policy. The practice has an inher- ent proneness to abuse. The very act of whipping engenders passion, and very generally leads to excess. Where one or two stripes only were at first intended, several usually follow, each increasing in vigor as the act of striking inflames the passions. This is a matter of daily observation and experience. Hence, the spirit of the law is, and the leaning of the courts should be, to discountenance a practice which tends to excite human passion to heated and excessive action, end- ing in abuse and breaches of the peace. Such a system of petty tyranny can not be watched too cautiously nor guarded too strictly. The tender age of the suffer- ers forbids that its slightest abuse should be tolerated. So long as the power to- SCHOOL LAW OF INDIANA. 171 punish corporally in school exists, it needs to be put under wholesoroe restric- tion. Teachers should, therefore, understand that whenever correction is admin- istered in anger or insolence, or in any other manner than in moderation and kindness, accompanied with that affectionate moral suasion so eminently due from one placed by the law in loco parentis — the sacred relation of parent — the courts must consider them guilty of assault and battery, the more aggravated and wanton in proportion to the tender years and dependent position of the pupil. "Were it within the province of these discussions, how many other objec- tions to the rod, based upon its injurious moral influence on both teacher and pupil, might be safely assumed? "One thing seems obvious. The very act of resorting to the rod demonstrates the incapacity of the teacher for one of the most important parts of his vocation, namely,' school government. For such "a teacher the nurseries of the republic are not the proper element; They are above him. His true position will readily sug- gest itself. "It can hardly be doubted but that public opinion will, in time, strike the ferrule from the hands of the t acher, leaving him as the true basis of government only the resources of his intellect and heart. Such is the only policy worthy of the State, and of her otherwise enlightened and liberal institutions. It is the policy of progress. The husband can no longer moderatel}'' chastise his wife; nor. according to the more recent authorities, the master his servant or apprentice. Even the degrading cruelties of the naval service have been arrested. Why the person of the school-boy, 'with his shining morning face,' should be less sacred in the eye of the law than that of the apprentice or sailor, is not easily explained. It is regretted that such are the authorities — still courts are bound by them. All that can be done, without the aid of legislation, is to hold every case strictly within the rule ; and if the correction be in anger, or in any other respect immoderately or improperly administered, to hold the unworthy perpetrator guilty of assault and battery." The above is commended to the careful consideration of teachers given to inflict corporal punishment. — Vories, Supt. 26. Teacher may suspend a pupil even though an officer opposes the TEACHER. It is the duty of a teacher to maintain proper and necessary discipline in schoo' ; and if the prudential committee (School Board or School Trustee) insist upon the return of such scholar to the school, when his presence would be fatal tO' the maintenance of such discipline, the teacher may lawfully quit the school and recover wages for the term. 46 Vt. 452. This is sound law. The teacher stands ready to perform his part of the contract, but the Board, by its insistence upon the return of the disturber, prevents the teacher from carrying out his contract, lienee the wages are recoverable. — Vories, Supt. 27. Immorat.ity. A pupil may be expelled for immorality. 8 Cush, (Masr.; 163. 13 — ScHOC'L Law. 172 SQHOOL LAW OF INDIANA. 28. Courts avill not inteefeue. Unless abuse of official power be clearly -sbown, the courts will not interfere. 37 Pa. St. 385. 29. Damages. Public officers to whom matters may be submitted for their determination, the consideration of which requires an exercise of their delib- erative judgments, are not answerable in damages for mere errors of judgment, unaccompanied with malice or bad faith. 95 111. 263; 111 Ind. 472. 30. Over school age. A pupil over school age is subject to punishment as any other pupil. 45 Iowa, 248 ; 27 Me. 266. 31. Objects and purposes. The legal objects and purposes of punishment in school are like the objects and purposes* of the State in punishing a citizen. They are threefold : First, the reformation and the highest good of the pupil ; ■second, the enforcement of correct discipline in schools ; and third, as an example to like evil doers. 50 Iowa, 145. 32. Mandamus. Mandamus lies to compel the restoration of a pupil ille- gally suspended or exi^elled, 77 Mich. 605; 82 Ind. 279. 33. Not contempt op court. A boy was suspended for violation of a rule and readmitted by order of the court. He was suspended a second time for vio- lation of the same rule, and it was held that the second suspension was not a con- tempt of court. 127 Ind. 272 ; S. C. 26, N. E. Eep. 798. 34. See sections 4436, 4439, 4444 and notes. 4506. Appeal to Trustee. The decision of a Director in exclud- ing a pupil sliall be subject to appeal to the Township Trustee, whose decision shall be final. (32) 1, Note. The parent or guardian, or the pupil himself, may appeal. No formal documents are necessary, aiad the Trustee has the right to make an investi- gation upon a verbal statement. But he should make a record of the facts in the case and of his decision thereon. — Smart, Supt. 4501. Insillting teacher. If any parent, guardian, or other per- son, from any cause, fancied or real, visit a school with the avowed in- tention of upbraiding or insulting the teacher in the j)resence of the school, and shall so upbraid 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 revenue. (162) SCHOOL LAW OF INDIANA. 17S 1. Part unconstitutional. The provision that the proceeds of the fine shall go into the general tuition revenue is void, since the Constitution (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 demanded, 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 infiicting 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. 3. Private school. A party can be punished for disturbing a private school in a public school-house. 35 Me. 195 ; 26 Conn. 607. 4508. Title of school property. The title to all lands acquired for school purposes shall be conveyed to the township, incorporated town, or city for which it is acquired, in the corporate name of such township, town or city, which is used for school purposes, for the use of common 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 prO" vided. (157) 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 entitled to such real estate as lies within its boundaries -Carson v. State, 27 Ind. 465 ; Leesburg v. Plain Township, 86 id. 582 — and can compel the Trustee of che township to convey the school-house and lot to it. School Township of Allen ('.School Town of Macy, 109 Ind. 559. A town organized 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 Ledger v. School Town of Newpoint, 37 N. E. Eep. 650. 2. Formation of town — Eevenue. If a town is formed out of a portion of a township, the School Trustees of the town are entitled to demand and receive of the Township Trustee the proportion of school moneys belonging 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 be- longing, or to be apportioned, to the township as originally constituted ; and il 174 SCHOOL LAW OF INDIANA. there be no debt to be provided for, the new township should receive its propor- tionate share of the special school revenue and tuition fund, which should be ap- portioned 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. School board — Township trustee. Under the law it is clearly the duty of the Trustees of an incorporated town to appoint School Trustees for the corporation, and I think they can be compelled to do so by a writ of mandate from the Circuit Court. In case the Township Trustee continues to control and manage the schools of an incorporated town (no town School Trustees having been ap- pointed), I think that, under the general principle that an officer shall continue to perform his duties till his successor is appointed and qualified, he would be lia- ble on contracts made by him in exercising such control and management. — Hol- .combe, Sapt. 4. Corporate limits — Conditional deed. A school corporation can not ■establish a school outside of its territorial limits. State v. Shields, 56 Ind. 521. You say 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 pur- poses," then I suppose it might revert to the original ower. — Woolle7i, Atty.-O&n. 37 N. E. Rep. 650. 5. HiGHVi^AYS. Real estate and buildings held by a school township for school purposes are subject to appropriation for highways, as other private prop- erty. 88 Ind. 453. 4509. Use of SCkool house. When a school house is unoccupied hj a common school of the State, and the people who form the school at Buch house desire that a private school be taught therein, and a majority of them make application to the Trustee having charge of such house for the use of it for such private school, it shall be the duty of the Trustee to permit said school house to be used for such private school by euch teacher as may be mentioned in the application, 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. SCHOOL L.UV OP INDIAiS-A. 175 » Third. The cost of tuition, per pupil per month, in said school. (158) 1. Teacher's eeport — Care of house. It is not the intention of this sec- tion to deny the Trustee the right to permit tlie use of a scliool 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, 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 reliable party should be held responsible to the Trustee 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 Trus- tees will insist upon reports from teachers, as provided for in this section. — IIoss, Supi. 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 pri- vate 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 him- self to comply with the conditions contained in the law as to reporting. — Hohhs, Supt. [1869, p. 181. Approved March 3, 1859, and in force August 6, 1859.] 4510. Use of school-house. 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 shall, 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 all religious denominations and political parties, without any regard whatever to the numerical strength of any religious denomination or political party of such district. (6) 1. Note. 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 complaint 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 duty. 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 176 SCHOOL LAW OF 'INDIANA. ♦ rights and privileges to all religious denominations and political parties, it is clear that he can not make a contract with any party by reason of which one denomina- tion or one political party shall obtain possession of the house to the exclusion of any other, except for the time being, or by which the control of the house shall' pass from his hands. It is not necessary that the voters of a district petition the Trustee on each separate occasion that the house is desired for other than school purposes, but if a general petition be filed with the trustee, in proper form, requesting, for example, that the house be used for religious purposes, he may then permit the house to be so used as occasions may require. In the absence of an expressed desire on the part of the voters of a district, it is held that the Trustee may, through the spirit of accommodation, rather than by a strict construction of the law, permit school- houses to be used for religious and other public meetings when he is satisfied that a majority of the district does not object. In all cases when school-houses are used for such purposes, it is the duty of the Trustee to prescribe and enforce such rules and regulations as will protect the property from injury. It is evident that the provisions of this section apply only to districts in .townships, and not to cities and incorporated towns. — Smart, Sv.pt. 3. School-house — When rNoccupiEC. A think that a school-house may be construed as unoccupied whenever it is not being used for school purposes. A school-house is occupied, ina legal sense, during school hours, and, technically, unoccupied at any time after school hours. I think that school-houses may be used for any lawful purpose by the citizens of the district where it is located in the evenings and at any time when school is not actually in session; vSection 4510, R. tS. 1881, provides that upon the application of a majority of the voters of any school district, the Trustee shall direct the Director to open any school house for any of the purposes named in said section. ( Hurd v. Walters, 48 Ind. 148). I think it is not unlawful, upon proper request of a majority of the voters of a district, to allow such secret organizations as the Farmers' Alliance or farmers' clubs, by whatever name, to use the school-houses for the purposes of their meetings. I regard such an organization, although secret in its meetings, as lawful, and, being of a political-educational character, I arn fully convinced that they are entitled to use the school-houses for the purposes of their meetings, as provided for in section 4.510. These societies throughout the school districts of the State are composed of the voters and patrons of such school districts. They" are the people who have built the school houses, and who are taxed to maintain them, and it seems to jne that there is no reason, either in law or morals, to ex- clude them from the use of such school-houses. To exclude farmers' societies from the use of school-houses during the school period, at times when school is not in actual session, would be like excluding people from peaceable use and en- joyment of their own property. If the farming community are excluded from the use of the country school-houses, in a great majority of cases they would have- no place to meet. While I think they have this right, the Directors should see that those who use the school houses for such purposes should keep them in appro- priate condition to be used for school purposes. And so long as they do this there can be but little objection, it seems to me, on the part of any one, to the use of school-houses for such purposes. — A. G. Smii-h, Atty-Gen. 4. Conflicting decisions as to use of public property. The use of a public school-house for any private purpose, such as the holding of religious or SCHOOL LAW OF INDIANA. 177 j)olitical meetings, social gatherings, and the like, is unauthorized by law, and may be restrained, at the instance of any party injured thereby; and this, though a majority of the electors and tax-payers of the district assent to such use and an adequate rent is paid therefor. 15 Kan. 259. The temporary use of the school-house for religious worship is not forbidden by the Constituticyi. 93 111. 61. The electors may authorize the use of a school-house for religious purposes. 50 Iowa 11 ; 35 Iowa 194. A public school-house can not be leased for use of a private or select school, and such use may be restrained by any resident tax-payer. 35 Ohio St. 143. The electors can not authorize the use of a district school building for tem- perance meetings, nor for any other than school purposes. 21 Wis. 665. The Board of Directors can not authorize the use of a school-house for the purpose of a Sunday-school. 67 Mo. 301. The inhabitants of a school district have no right to use the school-house for religious meetings and Sunday-schools, against the objection of any tax-payer of the district, even though the district may have voted to allow such use. 27 Conn. 499. [1865, p. 3. Approved and in force Marcli 6, 1865.] 4511. School-house, when sold. The proper Trustee may, when- -ever a school-house shall have been removed to a different location, or a new one erected for the school in a different place, if the land whereon the same is situated belongs unconditionally to the township, town or city, sell the same, when, in his opinion, it is advantageous to the town- ship, town or city, so to do, for the highest price that can be obtained therefor ; and wpon the payment of the purchase-money to the township, town or city Treasurer, he shall execute to the purchaser a deed of con- veyance, which shall be sufficient to vest in such purchaser all the title of such township, town or city thereto. The money derived from such sale shall be a part of the special school revenue. (149) 1. Conveyances. A deed to the school township for the use of the township for school purposes is an absolute and not a conditional conveyance; and the township may sell the property so deeded. The deed of the township should be made in the name of the Trustee of the school township, and signed by him as such School Trustee. School Boards of cities and towns may sell and convey a ;School lot upon the conditions named in this section. ?§4437, 4438, 4508, note 4. 2. In the administration of the law set out in section 4511, three cases arise: First. When the school-house is within the limits of the township, the Town- ship Trustee controls and sells it. Second. When the school-house is situated within territory which is after- ward incorporated into a town, then the title vests in the town, and the property is controlled by the School Trustees of the town. See 27 Ind. 465; 109 Ind. 559; .86 Ind. 582. 178 ■ SCHOOL LAW OF INDIANA. Third. When the school-house is located on territory which is taken into a- city by addition, then the Township Trustee controls, and sells, and credits the special school fund with amount of sale. See 37 Ind. 415; 60 Ind. 473. But see recent act, section 4511a. [1893, p. 194. Approved and in force March 3, 1893.] 45 i I a. Whenever there has been, or may hereafter be, by proper pro- ceedings, any territory annexed to any city or incorporated town of this- State, which territory included within such boundary as annexed any real estate which, prior to such annexation, was the property of the school township adjoining such town or city, and used for school pur- poses by such school township, such real estate shall, by virtue of such annexation, at once become in fee simple the property of the school cor- poration of such town or city within the corporate boundaries of which it is found after such annexation of territory, and it is hereby made the duty of the Township Trustee to at once execute and deliver to the school corporation of such town or city a deed conveying such title as his school township has for all school property which has passed, by such proceed- ings, from the territorial jurisdiction of the township to that of a town or city. (1) 1. Where thei-e is no express provision to the contrary, each district will remain liable for its debts and retain its property, and there will be no merger of districts until such debts are paid and the affairs of each settled. 2 Atl. Rep. 198: 64 N. H. 84; 1 S. W. Rep. 363; 63 Mich. 51; 40 Minn. 13; 61 Mo. 176; 96 Pa.' St. 76; 4 Pa. St. 35; 133 111. 122; S. C. 24 N. E. Rep. 529; 82 Me. 180; 55 Conn. 244; S. C. 10 Atl. Rep. 689; 55 Conn. 144; 78 Iowa 550; S. C. 43 N. W. Rep. 527;. 76 Texas 302; 75 Mich. 143. 2. As regards the liability of school districts, for indebtedness, see 64 N. H. 84; 30 West Va. 424; S. C. 4 S. E. Rep. 640; 15 Atl. Rep. 812; 145 Mass. 555;, S. C. 14 Is. E. Rep. 789. 3. For constitutionality of the act, in cases of indebtedness, where obliga- tions would seem to be impaired by reason of such transfer, see 19 Ind. 407; 20' Ind. 398. 4. See, also, 27 Ind. 465 ; 37 Ind. 415 ; 60 Ind. 473 ; 86 Ind. 582 ; 109 Ind. 559.. 1511b. It is hereby declared that an emergency exists for the imme- diate taking effect of this act, and the same shall be in force from and after its passage. (2) [1877, p. 125. Approved and in force March 6, 1877.] 45i2o 8cliooi-hoiise for several townships. The Trustees of two^ or more adjacent counties or townships may establish a new school dis- trict, and build a school-house therein at the joint expense of their sev- eral townships, whenever, in their judgment, it shall appear necessary SCHOOL LAW OF INDIANA. 179 "for the better accommodation of the people of their respective town- ships : 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 purpose of declar- ing whether such petition shall be granted, and take such further action -as the case may require. (1) 1. Adjustment of revenue. It would seem from the language of the statute that when a joint district school is established, parents and guardians liv- ing in the vicinity would have the right to elect to send their children to it, even though it be out of their own township. Such a choice would generally necessi- tate several transfers, but transfers can not be made except at the time of taking the enumeration (sections 4473, 4474). The proper way to settle the difficulty would be for the Trustees of the several townships to pay to the Trustee of the one in which the house is located the revenue then on hand and afterward received ior the benefit of the children sent to the school from their several townships, till the next enumeration. The matter will thereafter adjust itself. — Smart, Swpt. See section 4446, notes 1, 2, 3. 4513. Cost of erecting. Each township shall bear part of the expense of establishing such joint district school as the number of chil- dren of school age residing in each township, and attaching themselves i;o 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 township shall assume its share of the debt so in- curred. But when said school shall be established, it shall be supported by the township in which it is established, in the manner already pre- scribed by law. (2 id.) 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. — Smart, Supt. [1877, p. 126. Approved and in force March 7, 1877.] 4514. Donation and beqnests. Whenever any person shall give or bequeath unto Trustees any sum of money exceeding five thousand dollars, for the purpose of erecting a public school building or seminary in any unincorporated town in this State, and upon the express or im- plied condition contained in said bequest that an amount equal thereto shall be raised by the citizens of said town or township for a like pur- pose, the Township Trustee of said Township in which said town is situ- ated shall, upon the petition of a majority of the legal voters of said township, be authorized to prepare, issue and sell the bonds of said 180 SCHOOL LAW OF INDIANA. township, to secure a loan not exceeding fifteen thousand dollars, in an- ticipation of the revenue for special school purposes, for the purpose of complying with the condition annexed to such gift or devise — said bonds- to bear a rate of interest not exceeding seven per cent, per annum, pay- able at such time, within seven years from date, as such Trustee may determine : Provided, That until all the bonds of any one issue shall have been redeemed, such Township Trustee 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. (1) 1. The County Board has no power to appropriate money out of the general fund of the county to build a school-house. Eothrock i'. Carr, 55 Ind. 334. 4515. Majority of voters. The whole number of votes cast for candidates for Congress at the last preceding congressional election in the township shall be deemed to be the whole number of legal voters of such township, a majority of whose names shall be signed to the petition presented to such Township Trustee ; to which petition shall be attached the afiidavit or affidavits, as such Trustee may deem necessary, of a competent and credible person or persons that the signature of all the names to said petition are genuine, and that the persons whose names are thereto signed are, as he believes, legal voters of such township. (2) 4516. Sale of bonds. The Township Trustee shall record such peti- tion, together with the names attached, in the record-book of his town- ship, and carefully file away and preserve said petition, and shall enter in such record a statement of the time when such petition was filed ; and, if said Trustee shall then be satisfied that said petition contains the names of a majority of the legal voters of said township, he shall then prepare, issue, and sell bonds to the amount petitioned for in such peti- tion, as provided in section 1 of this act (section 4514), and shall accu- rately keep a record of all proceedings in and about the issue and sale of such bonds, to whom, and for what amount sold, the rate of interest they bear, and the time when they become due. (3) [1881, p. 592. Approved and in force April 16, 1881.] 4517. Site lor school-Iiouse— Eiiiiueiit domaiii. Whenever, in the opinion of Trustees of school corporations or of the Township Trustee of any township in this State, it shall be considered necessary to purchase any real estate on which to build a school-house, or for any other purpose connected therewith, Such Township Trustee or School Trustees, or a majority of them, may file a petition in the Circuit Court of said county, asking for the appointment of appraisers to appraise and assess the value of said ^eal estate. (1) SCHOOL LAW OF INDIANA. 181 1. Locations. The question as to where school-houses shall be located, and -where land shall be acquired for that purpose, is left to the sound discretion of the Trustee ; and, upon an application by the Trustee to the Circuit Court to acquire land for a school-house, questions i-especting the location selected are not triable. The method of trying such questions is by appeal to the County Superintendent, as provided by section 4537. Braden v. McNutt, 114 Ind. 214. 2. ScHOOi. TOWNSHIP BUILDS. The school township, and not the civil town- ship, must build the school house ; and a note given by the civil township for the cost of constructing a school-house is void. Wingate ■;;. Harrison School Town- ship, 59 Ind. 520. 3. Disagreement among Trustees. In cities and towns the School Trustees determine where and when a school-house is necessary and convenient, and a con- tract by the Trustees for the building of such school-house is binding, although one of the Trustees protested against it. Crist v. Brownsville Township, 10 Ind. 461. 4. Fraud. An action may be maintained to enjoin the construction of a school-house, on the ground of fraud on the part of the Township Trustee, in the making of the contract, in the name of the State for the use of the civil township ; and the remedy provided for an appeal to the County Superintendent, is not in such a case exclusive, and does not prevent the bringing of the action. State v. Earhart, 27 Ind. 119. 5. County Board of Commissioners. A County Board of Commissioners -can not make an allowance to build a school-house. Kothrock v. Carr, 55 Ind. 334. 4518. Appraisers. Upon eaid petition being filed (the owner or owners of said real estate having had ten days' notice of the pendency thereof), the Court shall appoint three freeholders, resident in said school corporation or said township where said real estate is situate, to appraise and assess the value thereof. (2) 4519. Appraisement— Payment Said appraisers, before making said assessment and appraisement, shall take an oath before the Clerk of said court to makei a fair, true, and honest appraisement of said real estate ; and shall then proceed to examine said real estate, hear such evidence as they may consider necessary, and make report of their ap- praisement within five days after their appointment. Upon said report being filed, the owner or owners of said real estate may except to the same for any cause, and a trial thereon may be had in said court. When the value of said real estate is finally determined in said court, the Township Trustees or School Trustees may pay to the Clerk of said court, for the use of the owner of said real estate, the amount so deter- mined, and, upon payment thereof, the title to said real estate vest in said school corporation for said purposes. (3) 1. The question when and where a school shall be located is left to the dis- cretion of the Trustees ; and that question can not be tried on condemnation pro- ceedings. 114 Ind. 214. 182 SCHOOL LAW OF INDIANA. ARTICLE VIII.— TEACHERS' INSTITUTES. [1889, p. 67. Approved and in force March 2, : 4520» Towiisllip InstitllteSo At least one Saturday in each month during which the public schools may be in progress shall be devoted to Township Institutes, or model schools for the improvement of teachers ; and iwo Saturdays may be appropriated, at the discretion of the Town- ship Trustee of any township. Such Institute shall be presided over by a teacher, or other person, designated by the Trustee of the township. The Township Trustee shall specify, in a written contract with each teaclier, that such teacher shall attend the full session of each Institute contemplated herein, or forfeit one day's wages for every day's absence therefroiB, unless such absence shall be occasioned by sickness, or such other reason as may be approved by the Township Trustee, and for each day's attendance at such Institute each teacher shall receive the same wages as for one day's teaching : Provided, That no teacher shall receive such wages unless he or she shall attend the full session of such Insti- tute and perform the duty or duties assigned. 1. TeX'Stee must notify teachers. Where a school teacher has no notice when an Institute in his township will be held, and he has not, been negligent in ascertaining the date thereof, he is not liable to a forfeiture of wages. It is not the duty of the teacher to go to the School Trustee and ascertain the time of holdhig the monthly Institute ; but it is the duty of the Trustee to designate the day on which the same will be held, and notify the teachers of such fact. The teacher has a right to rely upon the Trustee doing his duty, and should not suffer through the non-performance of such duty. — Baldwin, Atty.-Gen. 2. Teacheps must take part. The object of this Institute is the improve- ment of the teachers of the township. It seems to me that all the powers neces- sary to carry out this object are by common law conferred upon the persons managing the Institute. The object of the Institute will utterly fail unless the teachers attending take part jn the exercises. I think, therefore, the contract which the Trustee makes with the teachers, in relation to Township Institutes, necessarily requires the teachers to perform such reasonable exercises and duties as may be assigned to them. Indeed, the statute provides that the Trustee may designate one of the teachers to preside over the Township Institute. I am of the opinion that the mere presence of a teacher at a Township Institute does not fill the requirements of the law. — Smart, Supt. I think that mere presence at the Institute is not a full compliance witli the spirit of the law. The law contemplates active participation in the exercises ot the Institute. — Bloss, Supt. 3. Attendance compulsory. It is the duty of a Township Trustee to contract with all teachers employed by him to attend Township Institutes. It is his duty to provide for holding such Institutes, and to see that they are held. SCHOOL LAW OF INDIANA. 183 A mandate of Court may be obtained to compel the Trustee to perform both these duties. T think that, even though the Trustee had failed to make a written contract 'with the teachers, he could require them to attend the Institutes. — Holcombe, Supt. 4. Paid out of Special School Fund. Teachers should be paid for attend- ance upon Township Institutes out of the special school fund. This is authorized under "other necessary expenses of the school." (Sec. 4467.) Such expense could not be paid out of the tuition revenue. — Vories, Supt. [1865, p. 3. Approved and in force March 6, 1865J 452 i. County Institutes. In order to tke encouragement of Teachers' Institutes, the County Auditors of the several counties of this State shall, whenever the County Superintendent of such county shall file with said Auditor his official statement, showing that there has been held, for five days, a Teachers' Institute in said county, with an aver- age attendance of twenty-five teachers, or of persons preparing to become such, draw his warrant on the County Treasurer, in favor of said County Superintendent, for thirty-five dollars ; and in case there should be an average attendance of forty teachers, or persons preparing to become such, then the said County Auditor shall drav/ his warrant on the Treasurer for fifty dollars, for the purpose of defraying the expenses of said Insti- tute : Provided, however, That but one of said payments be made in the same year. (159) 1. Superintendent's duty and pay. Such an institute as is contemplated by the law is not a voluntary association, but a teachers' meeting, at the head of. which is the County Superintendent. He, therefore, has no right to surrender it into the hands of an incompetent director, nor to permit a course of procedure by any one, or by the Institute itself, by which time shall be wasted or unsatisfactory ' work done. The teachers are there to be instructed, and the Superintendent must necessarily take the responsibility of the Institute upon himself. The money whick the Auditor is authorized to ])ay is to defray the expenses of the Institute exclusive of the per diem of the Superintendent, whose compensation must be obtained in the- usual way. He is also entitled to his per diem for reasonable services in making preparations for the Institute. — Smart, Supt. 4522. Schools closed. When any such Institute is in session, the common schools of the county in which said Institute shall be held shall be closed. (160) 4523. Sessions. The several County Superintendents are hereby required, as a part of their duty, to hold, or cause to be held, such Teachers' Institutes at least once in each year in their respective counties. (161) 184 SCHOOL LAW OF INDIANA. ARTICLE IX— FREE LIBRARIES. [1883, p. 103, Approved March 5, 1883, and in force June 5, 1883.] 4524. Ill cities and towns. In all the cities and incorporated towns in this State the Board of School Trustees, Board of School Commission- ers, or whatever' Board may be established by law to take charge of the public or common schools of such city or incorporated town, shall have power, if in their discretion they deem it to the public interest, to estab- lish a free public library in connection with the common schools of such city or iucorpoi'ated town, and to make such rules and regulations for the care, protection and government of such library, and for the care of the books provided therefor, and for the taking from and returning to said library of such books, as the said Board may deem necessary and proper, and to provide penalties for the violation thereof: Provided, That in any city or incorporated town where there is already established a library open to all the people, no tax shall be levied for the purpose herein named. (1) 1. Amendment. As enacted in 1881, the benefits of this law were confined to cities of ten thousand inhabitants, but the amendment of this section, in force . June 5, 1883, extended them to all cities and incorporated towns. 2. See sections 3782-3815, K. S. 1881, and for amendments to these sections see Acts, 1883, p. 200; Acts, 1885, pp. 9 and 120. [18a5, p. 120. Approved and in force April 2, 1885.] 4524a. Lilbraries iii certain cities. Wherever the Board of Directors of a library heretofore situate within the limits of any incor- porated town may have filed the agreement and request with the Board of Trustees of said town, provided for in an act entitled "An act sup- plementary to an act entitled an act to establish public libraries," ap- proved February 16, 1852, approved March 8, 1883, and the Board of Trustees of such town may have levied a tax for the support of such library in pursuance of such request and agreement and in accordance with said act, and such town may afterward have become incorporated as a city, the Common Council of such city shall have all the powers to levy tax, and do all other things granted by said act above named to Trustees of towns, and all the provisions of said act applicable to such library, and its relations to the town before its incorporation as a city shall, after such incorporation, be applicable to such library, and its relations to such city. (1) SCHOOL LAW OF INDIANA. 185 [1881, p. 47. Approved and in force March 7, 1S81.] 4525. Tax to maintain. Such Board shall also have power to levy a tax of not exceeding one-third of a mill on each dollar of taxable property assessed for taxation in such city in each year ; which tax shall be placed on the tax duplicate of such city, and collected in the same manner as other taxes ; and, when said taxes are collected, they shall be paid over to the said Board for the support and maintenance of said public library. Such Board shall have power, and it shall be its dutv to disburse said fund, and all revenues derived from gift or devise, in providing and fitting up suitable rooms for such library ; in the purchase, care, and binding of books therefor ; and in the payment of salaries to a librarian and necessary assistants. (2) 4526. Real estate. Any such city in which a free public library may be established in accordance with the terms of this act may acquire by purchase, or take and hold by gift, grant, or devise, any real estate necessary for, or which may be donated or devised for, the benefit of such library ; and all revenues arising therefrom, and the proceeds of the same, if sold, shall be devoted to the use of said library. (3) [1885, p. 160. Approved and in force April 8, 1885.] 4526a. Real estate for libraries.. In any case in which the Board of School Trustees of any city of this State have purchased any real estate for the use of a public library of said city, under sections 4524, 4525 and 4526 of the Revised Statutes of 1881, and the revenue derived from taxation under said sections may have been or shall be in-- sufficient to pay for such real estate, then said Trustees be and they are hereby authorized to pay for the same out of any money in the treasury of such school city belonging to the special school fund thereof. (1) [1891„ p. 37. Approved and in force February 26, 1891.] 4527. School and library tax in cities of 30,000. In all cities of the State of Indiana wliere Boards of School Commissioner© have been elected and are managing tlie school affairs of said city under an act of the General Assembly of the State of Indiana, entitled "An act providing 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 defining their duties and prescribing their power*, and providing for common school libraries within such cities, approved March 3, 1871, and the various acts of the General Assembly amendatory thereof, and supplemental thereto, and 186 SCHOOL LAAV OF INDIANA. in which the office of City Treasurer has been, or, hereafter, may te, abolished under and by virtue of an act of the General Assembly of the -State of Indiana, entitled, 'An act concerning taxation for city and school purposes in cities containing a population of over seventy thousand, as shown by the last census of the United States ; to abolish the offices of City Assessor and City Treasurer in such cities, and provide for the discharge of the duties of such offices, and repealing laws in conflict therewith, approved February 21, 1885,'" such Boards of School Com- 1 missioners be and they are hereby authorized and empowered, in the ' manner and form in which they are now by law authorized to levy taxes, levy taxes for the support of the schools within such city, including such taxes as may be required for paying teachers, in addition to the laxes now authorized to be levied by the General Assembly of the State of Indiana, not to exceed, however, in any one year, the sum of twenty- ifi ve cents on the one hundred dollars of the taxable property as shown hy the eertificate showing the assessment and valuation for taxation of all taxable real and personal and railroad property of such city, required to be delivered to said Board of School Commissioners by section 8 of the said act of the General Assembly of the State of Indiana, approved February 21, 1885, and also to levy a tax each year not exceeding four cents on each one hundred dollars of the taxable property in said city, as shown by said certificate, for the support of free public libraries, in connection with the common schools of said city, and to disburse any and all revenues raised by such tax levied for library purposes, in the pur- chase of books and in the fitting up of suitable rooms for such libra- ries, salaries to librarians and other expenses necessarily incident to the maintenance of such library; also, to make and enforce such regulations :.:.as they may deem necessary for the taking out, and returning to, and for the proper care of all books belonging to such libraries, and to pre- . scribe penalties for the violation of such regulations. (1) 4521a. County Treasurer reports to Board of Scliool Coiiimis- ' sioijers. In all cities in the State of Indiana, where Boards of School ^ Commissioners have been elected and are managing the school affairs of said city, under and by virtue of said act of the General Assembly of the State of Indiana, approved March 3, 1871, and in which the office of City Treasurer has been, or may hereafter be, abolished, under and by virtue of said act of the General Assembly of the State of Indiana, approved February 21, 1885, as mentioned and described in the first section of this act, it shall be the duty of the County Treasurer, on and after making his settlement with the County Auditor on the third Mon- day of April, 1891, and the payment to the Board of School Commis- sioners of the amount by such settlement found to be due to it, as SCHOOL LAW OF INDIANA. IS*/ required by section 13 of the last above named act, at the close of each calendar month, to make report, duly verified by his oath, to said Board of School Commissioners of all taxes and delinquent taxes collected within said month, and thereafter, upon demand of the Treasurer of said Board of School Clommissioners, to pay to him, for the use of said Board of School Commissioners, the full amount of said taxes and delinquent taxes shown by said report to have been collected. Upon such payment being made, the Treasurer of the Board of School Commissioners shall execute to said County Treasurer his receipt for the amount of money so paid, which receipt the latter shall deliver to the Secretary of the Board of School Commissioners, who shall give him a quietus therefor, and credit said County Treasurer with the amount thereof, and charge such amount to the Treasurer of said Board of School Commissioners. (2) 452 71ANA. 199 thousand two hundred and six dollars and eighty-three cents, to liqui- date the indebtedness of the Normal School ; also, an amount, annually, not exceeding two thousand dollars in any one year, for warming, light- ing, janitor's fees, repairs, and for actual expenses of said institution. (3) 1. This appropriation is repealed al'ter Itie tiscal year for 1895-6. S6e sec. 467 7g. [1865 S., p, 140. Approved and in force December 20, 1865.] 4559. Pay of Trustees. The members of the Board of Trustees shall each be allowed five dollars for each clay's service rendered, also traveling expenses, to be paid out of the State treasury. (16) 4560. Pay of treasurer and agent. 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. (17) INDIANA UNIVERSITY. [1 R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 456!. Recognized. The institution established by an act entitled "An act to establish a college in the State of Indiana," appia^ved Janu- ary 28, 1828, is hereby recognized as the University of the State. (1) 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 iunds," as used in the interest law of 1879. State r. Carr, 111 Ind. 335. [ 1883, p. 82. Approved and in force March 3, 1883.] 406 1 a. Tax for endowment fund. There shall be assessed and ■collected, as State revenues are assessed and collected, 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 dol- lars' worth of taxable jDroperty in this State ; which money, v/hen 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 per- manent endowment fund of the Indiana University. (1) 4661b. Application of fund. . 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 permanent endowment fund sufficient to pay ofi' any of the interest-bearing indebtedness of the State, it shall be the duty of the Treasurer of State to pay off and cancel such indebt- edness, 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 200 SCHOOL LAW OF INDIANA. 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 endowment fund in the State Treasury to pay off the same out of said permanent endowment fund. (2) 4(j<>lc. Bond of State. It shall be the duty of the Treasurer of" State, immediately after paying off any of the interest-bearing indebted- ness of the State, as provided for in section 2 of this act, to make and issue to the trustees of said university and to their successors in office a non-negotiable 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 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 extraordinary 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 cus- tody of the Treasurer of State. (3) 4661(1. Loans by State Auditor, That so much of said perma- nent endowment fund as shall not at any time be absorbed by the non- negotiable bonds of the State, as contemplated in this act, shall be loaned by the Auditor of State at six per centum interest, payable an- nually in advance, in real estate security ; and in making loans and* disbursing interest collected the Treasurer of State and the Auditor of State shall be governed by the law now in force regulating the manner of making loans of the university funds and paying out interest collected^. except as otherwise provided in this act. (4) 466 le. Mortgages taken by State Auditor. 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 endow-- ment 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 satisfaction 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, in like man- ner, enter satisfaction in full on the face of the mortgage ; which mort- gage, when presented by the mortgagor, or any person holding title- under him, to the Recorder of the county wherin the land mortgaged is- situated, shall authorize the Recorder of said county to copy such entry on the record in his office. (5) SCHOOL LAW OF INDIANA. 201 466 if. State may boiTOW fund. If at any time hereafter the State shall need the loan of any part, or of all, of said permanent en- dowment fund, the State shall be a preferred 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 rsuch loan, a non-negotiable bond of the State for the amount so bor- rowed, inlike manner as is provided in section 3 of this act : Provided, If at any time hereafter the said Indiana University shall be consoli- dated 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 changed, notwithstand- ing such change or consolidation whenever so removed or consolidated : Provided, further, That, after said date, no further appropriation shall be •made to said university. (6) [1855, p. 201. Approved and in force March 3, 1855.] 4562. Trustees — Corporate uame — Officers— Towel's. The JBoard 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 jjrescribe the duties and fix the •compensation of such officers ; to possess all the real and personal prop- f those to be voted for to fifty per cent, of the votes cast. (7) 45661i. Repealing' sectiosi. All laws and parts of laws in conflict with this act are hereby repealed. (8) II R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 4561. Annual meeting". Said Trustees shall annually meet at the town of Bloomington at least three days preceding the annual comraence- snent of the University. (3) 4568. Quorum — Temporary appointments. Five of such trus- tees shall constitute a quorum ; and, in case an emergency is declared hy 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 Monroe may fill vacancies in the faculty of the university and the J3bard of Trustees ; and, in case there should not be three trustees in tatteadance upon such emergency, then those that we in attendance, to- gether with such members of the faculty as may be in attendance, shall .fill such vacancies'; but appointments thus made shall expire at the next ^Meeting of the board. (4) 4569. Seminary towilsMp. The trustees of said university shall receive the proceeds of the sales and rents of the three reserved sections in the seminary township in Monroe County, and the same shall be paid to the treasurer of said trustees, on their order. (5) 4510 Interest on loans. The interest arising from loans of the ■ State University fund, as received at the State treasury, shall be paid ■an the warrants of the Auditor of State ; such warrants to be granted ■oa allowances made to the persons entitled thereto by the Board of Trustees, and duly certified by their secretary. (6) SCHOOL LAW OP INDIANA. 20£' 4571. Faculty — Powers. The president, professors and instruct- ors shall be styled "The Faculty" of said university, and shall have power — First. To enforce the regulations adopted by the trustees for tise government of the students ; to which end they may reward and cen- sure, and may suspend those who continue refractory, until a deternai- nation of the Board of Trustees can be had thereon. Second. To confer, with the consent of the trustees, such literary degrees as are usually conferred in other universities, and, in testimony thereof, to give suitable diplomas, under the seal of the university and signature of the faculty. (7) 4572. No religious qualification. No religious qualification shalB be required for any student, trustee, president, professor or other officer of such university, or as a condition for admission to any privilege in the same. (8) 1. Students must submit to rules. A student is required to submit to any proper rule necessary for the good government of the institution. 82 Ind. 27S. 2. Expulsion. A student can not be expelled for attending a public balL. 32 Mo. App. 536. 3. Qualifications foe. admission. The faculty can not make membershi|> of a Greek-letter fraternity or other college secret society a disqualification for admission. 82 Ind. 278. 4. Race or color. Students can not be expelled on account of race o? color. 48 Ind. 327 ; 7 Nev. 342 ; 18 Mich. 400 ; 48 Cal. 36 ; 71 111. 383. 4573. No sectarian tenets. No sectarian tenets shall be incul- cated by any professor at such university. (9) 4574. County students. The trustees shall provide for the tui- tion, free of charge, of two students from each county in this State, to- be selected by the Board of County Commissioners. (10) Each county may send two students, free of tuition fees, to be instructed iTi- the Law Department, as well as any other department. McDonald v. HaginSj 7 Blackf. 525. 4575. Notice to counties. The secretary of the board shall no- tify 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 snob: Auditor shall notify the Board of Commissioners of such county'at its- next meeting. (11) 4576. Treasurer's bond. The treasurer of the university 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 t which bond shall be filed with the Auditor of State. (12) 206 SCHOOL LAW OF INDIANA. 4577. Board of Visitors. 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 uni- wersity, and any three thereof a quorum. (13) 4578. Tisitors not attending, to be reported. In case the members of such Board of Visitors fail to attend the annual commence- ment exercises of the university, the president of the Board of Trus- tees shall report such of them as are absent to the next General Assem- bly, in its annual report. (14) 4579. Duties of visitors. Such Board of Visitors shall examine the property, the course of study and discipline, and the state of the :finances of the university, and recominend such amendments as it may ■deem proper, the books and accounts of the institution being open to its inspection ; and it shall make report of its examination to the Governor, to be by him laid before the next General Assembly. (15) 4580. Duties of Secretary. The secretary of the Board of Trus- tees 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. (16) 4581. Duties of Treasurer. The treasurer of said university shall — J<'irst. Keep true accounts of all money received into the treasury of said university, and of the expenditure 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 university,' and Ms 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. (17) 4582. Report to State Superintendent. The Board of Trus- tees, its secretary and treasurer, shall report to the Superintendent of Common Schools [State Superintendent of Public Instruction], all mat- ters relating to the university, when by him required. (18) 4583. Lectures hj faculty. One member of the faculty, 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 SCHOOL LAW OF INDIANA. 207 public lecture on tli-e principles 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 fifteen different coun- ties 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 desig- nated as aforesaid, shall deliver such lecture in at least three different •counties ; a brief statement of which lectures shall, by the persons de- livering them, be reported to the Board of Trustees, 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. (19) 4584. Geological examinations and specimens. Such lecturers shall make such geological examinations and collect 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, together -with those they may procure by voluntary donations, they shall deposit in a suitable room in the university buildings, to be fitted up for that purpose. (20) 4585. Printing annual report. The Governor of the State shall order the printing, annually, of five thousand copies of the 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. (21) This report and the catalogues are printed by the State Commissioners of Pub- lic Printing. Acts 1885, p. 217, section 9. 4586. Contents of report. 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 education, connected with the univer- sity. (22) 4587. Notice of sessions. 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, Louisville, in the State of Kentucky, and in New Orleans, in the State of Louisiana. (23) 4588. Buildings and repairs. The Board of Trustees shall, annu- ally, 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 ap- pointed to take care of such buildings and grounds. (24) 208 SCHOOL LAW OF INDIANA. 4589. Normal department. Such trustees shall establish a nor- mal department for instruction in the theory and practice of teachings free of charge to such young persons, male and female, residents of the State, as may desire 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 be incorporated in the annual report of the trustees to^ the General Assembly. (25) 4590. Agricultural department. Such trustees shall also estab- lish an agricultural department in such university, under proper regu- lations, which shall likewise be set forth in their annual report, (26) [ 1857, p. 130. Approved March 7, 1857, and in force August 24, 1857.] 4591. Scholarships transferable. All scholarships in the State University, issued for or founded upon subscription 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. (1) [1861 S., p. 89. Approved and in force May 31, 1861.] 4592. Perpetual scholarships. 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 purchase said scholarships whenever, in their opin- ion, it is for the best interests of the university, at not more than ninety cents to the dollar, by giving notice in some newspaper published, in the town of Bloomington, that they are ready to purchase said schol- arships ; and, after the date of such notice, no person shall be entitled to any benefits under the provisions of said scholarships, except to sell the same, as is provided in this act. (1) [1861 S., p. 88. Approved May 11, 1861, and in force September 7, 1861.] 4593. Library. The State Librarian is directed to transfer from the State Library to the Library of the Indiana University a complete set of jurnals of both Houses of the Legislature, a copy of all laws^ enacted since the organization of the State, and of all reports from the SCHOOL LAW OF INDIANA, 209 several departments 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 injurj'- to the State Library, and that such transfer be made without expense to the State. (2) . 4594. State Geologist. The State Geologist, while he holds his office, shall be regarded as a member of the faculty of the university ; and he is hereby directed, in his reconnoisances, to collect duplicate specimens of mineralogy and geology, and to deposit one set of the same in the cabinet of the State University. (3) [1 R. S. 1S52, p. 504, Approved June 17, 1&52, and in force May 6, 1853.] 4595. Fimd, how derived — Loans. The University fund shall consist of the lands in Monroe and Gibson Counties, 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 requi- sition of the Board of Trustees, signed by the president and attested by the secretary thereof. (28) 4596. Auditor of State to loan— Duty, It shall be the duty of the Auditor of State to loan out such fund upon real estate security. He shall duly inform himself of the value of all real estate offered in pledge, and shall be judge of the validity of the title thereof; and any person applying for a loan shall produce to said auditor the title-papers to such real estate, showing title in fee-simple, without incumbrance, and not derived through any executor's or administrator's. sale, or sale on execution. (29) 4597. Form of mortgage. The mortgage to be taken may be in the following form, in substance: (30) "^ 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 declare to be mortgaged for ■the payment of dollars, ivith interest at the rate of seven per cent, per annum, pay- able in advance, according to the conditions of the note hereunto annexed. 4598. Form of note. The note accompanying the same may be, in substance, as follows : (31) 210 SCHOOL LAW OF INDIANA. 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 seven 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 said interest, the said principal shall become due and collectible, together ivith all arrears of interest ; and on any such failure to pay principal' or interest when due, five percentum do.mages on the ivhole sum due shall be collected 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. 4599. Loans — Security. No greater sum than five hundred dol- lars 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 mort- gaged, clear of all perishable improvements. The Auditor may reduce 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 valuation of the same property in the assessment of the- State revenue. (32) 4600. Interest. The rate of interest required shall be seven 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. (33) This section was not repealed by the general interest law of 1879, fixing the rate at eight per cent. — State v. Carr, 111 Ind. 335. 4601. Priority of mortgage. Such mortgages shall be consid- ered as of record from the date thereof; and shall have priority of all mortgages or conveyances not previously recoyded, and of all other liens not previously incurred, in the county where the land lies. (34) 4602. Recording of mortgage. It shall be the duty of the Auditor to have such mortgages recorded with due diligence, the expense whereof shall be born by the -mortgagor, and may be retained out of the money borrowed. (35) 4603. Certificate as to liens. 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 incum- brance on said land in either of their ofiices. (36) 4604. Abstract of title. Such person shall also, before 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. (37) SCHOOL LAW OF INDIANA. 211 4605. Auditor's duty. 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. (38) 4606. Payment. 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. (39) 4607. Satisfactiou.' 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 surrender them to the person entitled thereto ; and on the production of the same, with such indorsement thereon, the recorder of the proper county shall enter satisfaction upon the record thereof. (40) 4608. Loans, how collected. When the interest or principal of any such loan shall become due and remain unpaid, the Auditor shall pro- ceed to collect the same by a suit on the note, or by sale of the mortgaged premises, or both, as to him may seem most advisable. He may, also, by proper action, obtain possession of the mortgaged premises. (41) 4609. Judgment. In case of suit on such note, and judgment thereon, no stay of execution or appraisement of property shall be allowed. (42) 4610. Notice of sale. On failure to pay any interest or principal, when due on any such mortgage, the Auditor shall advertise the mort- gaged 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. (43) 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 c. Mace, 18 Ind. 27. 4611. Sale. 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, danaages, and costs of adver- tising and selling the same ; and such sales may be in parcels, so that the whole amount required be realized. (44) 1. A sale for more 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. — Bansemer ii. Mace, 18 Ind. 27. 212 SCHOOL LAW OF INDIANA. 4612. When Auditor to buy — lie-sale. In case no one will bid the full amouut 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. (45) 4613. Limit of bid — Overplus. The sale authorized in the pre- ceding section shall not be for less than the amount chargeable on such land ; but if for more, the overplus shall be paid to the mortgagor, his heirs or assigns. (46j 4614. Statement of sale. The Treasurer shall attend and make a statement of such sales, which shall be signed by the Auditor and Treasurer, and, after being duly recorded in the Auditor's office, shall 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 re- ceived as evidence of the matters therein contained. (47) 4615. Title in State, without deed. When any land is bid iu. 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. (48) 4616. Sale for Cash — Certificate. In case of a sale of any such- land to any person for cash, on the production of the Treasurer's re- ceipt 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 exe- cuted by the Governor of this State and recorded in the office of the Secretary of State. (49) 4617. Sale on Credit. In like manner, when any tract bid in by the State is 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 pre- scribed in the preceding section ; and the transaction shall be entered, and appear upon the Auditor's and Treasurer's books as a payment of the sum bid, and a re-loan of the same to the purchaser, and the proper receipts and warrants shall pass therefor. (50) 4618. Fees and damages. 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. (51) 4619. Accounts — Reports. 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. (52) SCHOOL LAW OF INDIANA. 213 4620. Accounts with borrowers. In addition thereto, the Audi- tor shall keep fair and regular accounts with the borrowers of said fund, and shall report the names of borrowers with his annual report. (53) 4621. Interest, when loaned. Should any interest remain on hand, not wanted for the use of the university, the same may be loaned as other funds. (54) 4622. Unsold lauds. The care and disposition of the lands be- longing to and for the use of said university, remaining unsold or unpaid for, shall be vested in the present commissioners of the reserved town- ships in the counties in which such lands may lie, who shall sell such as remain unsold, 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 instance, the interest on the pur- chase-money must be paid in advance. No purchaser, his heirs or ^assigns, shall have the right to cut down or destroy timber standing ?ipon such land, other than for the erection of fences and buildings thereon, or for fire- wood to be used on the premises, and in fairly im- proving it for cultivation. (55) 4623. Certificates of payment — Patent. On the first payment for any such land being made, the proj)er commissioner shall execute to ^the purchaser a certificate therefor ; and, on final payment, the original <;ertificate 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 forwarded to the Auditor of State ; and on presentation of the other to the Auditor of State, if in all i;hings 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. (56) 4624. Leases. 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. (57) 4625. Commissioners' report. Such commissioners shall make an annual report to the Board of Trustees of the lands remaining mnsold, 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, respect- ively, and be incorporated in the annual report of such board to the General Assembly. (58) 214 SCHOOL LAW OP INDIANA. 4626. Commissioners' duty. Money collected by such commis- sioners shall be paid over to the treasurer of the board, who shall exe- cute to such commissioners two receipts therefor, each specifying the persons from whom such money was collected, and the amount thereof, whether for interest or principal ; one of which receipts shall be imme- diately forwarded to the Auditor of State, to be by him used in his set- tlement with such treasurer. (59) 4^27. Pay of Commissioners. Such board shall regulate the compensation of such commissioners. (60) 4628. Patents, and recording. Patents for land sold shall be made by the Governor, and recorded in the office of the Secretary of State. (61) [1855, p. 201. Approved and in force March 3, 1855.] 4629. Pay for managing fund. The Auditor of State and the Treasurer of State, for the management of the university 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. (7) 4630. Extension of payments. 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. (8) 4631. Forfeiture, how prevented. Any and all holders of such certificates, as aforesaid, who have forfeited such lands by the non-pay- ment of interest on the purchase-money, shall be exempted and released from such forfeiture 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 manner, 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. (9) 4632. Forfeited lands. If any portion of said lands now forfeited shall not have been redeemed on said first day of August next, as pro- vided 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, SCHOOL LAW OF INDIANA. . 215' not less than the original purchase price, allowing the purchaser a credit on the same as now provided by law. If any of such lands shall here- after be forfeited, it shall be the duty of such commissioners, if the same be not redeemed within six months from the time of such for- feiture, to sell the same on the terms in this section above provided. For their services in eifecting such sales, the commissioners shall be entitled to retain, out of the first money received from the purchasers, five .per cent, upon the amount of the purchase price of such lands. (10} [1859, p. 234. Approved and in force March 2, 1859.] 4633. Appraisement of lands. The Board of Trustees of the Indiana University shall cause to be appraised the land granted by the United States to the State of Indiana for the use of the said universityo. (1) „ • 4634. Where filed and recorded. 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 ofiice of the Auditor of State, to be, by said Auditor, recorded in his office ; andy. also, to file copies of such appraisements of the lands in the respective counties in the office of the auditor of the county where the lands are situate, to be by said County Auditor recorded. (2) 4635. Duty of County Auditors. The Auditor of each of the said counties shall, upon said appraisements being filed as aforesaid, and when required so to do by the said Board of Trustees, offer for sale so much of the said lands as may be within their respective counties at public auction, in the manner hereinafter mentioned. (3) 4636. Notice of sale. 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 news- paper 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 court house door at the county seat. (4) 4637. Sale. The place of sale for said lands shall be at the court house in each county of this State in which the said lands may be situ- ated ; and it shall be the duty of the County Auditor to attend af the court house of his 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 ■^Ib SCHOOL LAW OF INDIANA, within hie county ; and, for that purpose, he shall continue the sale from •day to day, until all of the said lands shall have been oifered for sale. 4638. Terms of sale. The said lands shall be offered for sale at the time and place mentioned in such publication, and struck off to the iiighest bidder by said County Auditor and County Treasurer, for a price liot less than the appraised value thereof — one-fourth of the purchase -jBoney to foe paid in hand, and the remaining three-fourths at the expira- tion 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 j)ayment. (6) Private entry. When any of said lands, offered at public 'Sale as aforesaid, shall remain unsold, they shall be subject to private «ei!.try with the County Auditor and County Treasurer of each county, ,mpon th« same terms and conditions as lands sold at public auction, for ra sum not less than the appraised value thereof, by any person applying il-o enter the same. (7) 4640. Certificate of purchase. When any sale shall be effected, .-either at public or private sale as aforesaid, the County Auditor shall rgive to the purchaser thereof a certificate, 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 contained in said tract or tracts, the price per acre, and the whole sum for which ithe same was sold, the amount of principal paid, and the amount of interest paid in advance. (8) 4641. Certificate to be registered. Said certificate shall be registered by the County Auditor in a book provided for that purpose, ;fcj entering in said book a correct copy thereof. (9) ■'4642. Certificate assignable. Said certificates of entry 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. (10) 464S. Forfeiture. On failure of any purchaser to pay any install- iment of interest on said deferred payment of purchase money when the SCHOOL LAW OF INDIANA. 21T 8ame becomes due, the contract 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 man- ner and on the terms hereinbefore specified for said public sales, (ll)^' 4644. Surplus. If, on such subsequent sale, such lands shall pro- duce 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 forfeiting or his legal representative. (12) 4645. Forfeiture, how prevented. At any time before such sub- sequent sale, payment of the sum due, with interest for the delay, and all costs, together with two per cent, damages upon the amount due &a. such lands, shall prevent such sale and revive the original contract. (18) 4646. Land, how redeemed. The former owner of any lands sold as delinquent, his heirs, executors, or administrators, may, at any time within one year after such re-sale, 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 purchaser, to- gether with all subsequent payments, either of principal or interestj, which such purchaser, or those claiming under him, may have made thereon, with interest at the rate of ten per cent, per annum. (14) 4647. Security. 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, on otherwise. (15) 4648. Suit for waste. 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 amoumt, of such injury or waste recovered therefor — such suit to be begun and prosecuted by the auditor of the county where the land lies, in the name of the State of Indiana, for the use of the said university. (1©): 4649. Patent, on full payment. On full payment being made for any such land the County Auditor shall issue to the purchaser, or- his assignee, a final certificate therefor; 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 office of the Secretary of State. (17) By an act of 1889 the trustees were authorized to sell certain lands in Eincf- gold County, Iowa, owned by the university, and to execute a deed therefor. Acts p. 255. 218 SCHOOL LAW OF INDIANA. 4650. Auditor's report. The County Auditor shall make, on the first Monday of each mouth, a report of his sales of said lands to the secretary of the Board of Trustees and to the Auditor of State, show- ing the date of sale, the description of the lands sold from time to time, the number of acres, the j)rice per acre, the total amount each tract sold for, the amount of principal paid and the amount of interest paid, and of all forfeitures, re-sales, and redemptions thereof. (18) 4651. Treasurer's report. The County Treasurer shall make a report, on the first Monda.y 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 con- dition of the accounts of all such purchases and sales of the said lands. (19) 4652. To pay money to State Treasurer. The County Treas- urer 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. (20) 4653. Pay of Auditor and Treasurer. The several County Auditors and Treasurers shall receive for their services the same com- pensation which may, from time to time, be allowed by law for similar services in relation to the sale of common school lands, which shall be in full for all their services required by this act. (21) 4654. Loans. The Auditor of State shall loan out the said prin- cipal of the moneys received from the several County Treasurers on account of said sales, in the same manner, and requiring the same se- curity, 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 principal, as a part of the income of the university. The said Auditor of State shall, in his annual report to the Legislature, report the names of the bor- rowers 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. (22) 4655. Disposition of proceeds. Of the first proceeds of said Bum, the said Board of Trustees shall be entitled to receive an amount equal to the amount of interest belonging to the university and loaned SCHOOL LAW OF INDIANA. 219 out as principal by the Auditor of State, as shown by the report of that fScer to the General Assembly at the session of 1851-2; which shall be paid to the treasurer of the Board of .Trustees of the university, and be applied, under the order of the Board of Trustees, to the dis- charge of the debts growing out of the rebuilding of the university, and to the purchase of a suitable library, philosophical apparatus therefor, )!• proper furniture, in place of those destroyed by the burning of the . niiversity. (23) ' . ' 4656. Beport of sales. The Board of Trusees 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 to time. (24) 4657. One Trustee to attend sales. One member of the Board of Trustees, to be designated by the board, shall attend to the public sales of the said lands, to prevent combinations injurious to the interests ■of the university ; and he shall have power to withdraw the said lands, •or any portion thereof, from sale, when, in his judgment, the interests of the univei'sity would be thereby promoted, and shall have the power and right to designate and determine in what sub-divisions any of the said lands may be sold, at the time of said public sale, for the best Interests of the said university. (25) 4658. No member to deal in the lands. No member of the Board ■of Trustees of the university shall, either directly 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 purcljase ; and any sale made to any member of the said board, contrary to the provisions of this section, shall be absolutely void, and the pur- -chase-money, and interest which may have been paid thereon, shall be forfeited to the university fund. (26) 4659. Trustees to get information. The commissioners of the university lands in Gibson and Monroe counties, and the several County Auditors and Treasurers of the counties 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, annu- ally, the amount of unpaid purchase-money due on the lands sold for the use of the said university, in each of their counties. (27) 16 — School Law. SCHOOL LAW OF INDIANA. [1867, p. 20. Approved and in force March 8, 1867.] Annual appropriation. There shall be appropriated, out of the State Treasury, the sum of eight thousand dollars, annually^ hereafter, to be paid semi-annually, commencing on the thirty-first dajr of March, 1867. The same shall be paid out of said treasury, upon the warrants of the Auditor of said State, as the interest upon said univer-; sity fund is now paid out. (1) [1873, p. 17. Approved and in force February 19, 1873.] 4S61. Anmial appropriation. There shall be appropriated, out of the State Treasury, fifteen thousand dollars, annually, hereafter, for the use of said Indiana University, additional to the amount appro- priated therefor, by the act of March 8, 1867, to be paid semi-annually,, commencing on the thirtieth day of September, 1872. The money hereby appropriated shall be paid out of said treasury, upon the war- rants of the Auditor of State, as the interest upon the said university fund is now paid out. (1) 1. The two foregoing sections are repealed after the fiscal j'ears of 1895-6^ See section 46772:. PURDUE UNIVERSITY. [1865, p. 106. Approved and in force March 6, 1865.] ^ 4^62. Agricultnrai college scrip. The State of Indiana 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 coh- ditions and provisions in said acts contained. (1) 1. The acts of Congress referred to in this section will be found in the act& of 1865, (p. 106), set out at length in the preamble. 4063. The first Trustees, and original name. The Governor 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 successors, are created a body corporate, under the name of "The Trustees of the Indiana Agricultural College." (2) 4664. Sale and investment of scrip. Said trustees shall, by the hand of their treasurer, claim and receive from the Secretary of the Interior the land scrip to which this State is entitled by the provisions of said acts of Congress ; and, under their direction, said treasurer shall sell the same, in such manner and at such times as shall be most advan- tageous to the State, and shall invest the proceeds thereof, and any inter- est that may accrue thereon, in the stocks of the United States, or of SCHOOL LAW OF INDIANA. 221 ihis State, yielding not less than five per centum per annum, upon the par value of the stocks ; and said principal and interest shall continue io be so invested, until further provision shall' be made by the General (Assembly of this State for fulfilling the requirements of said acts of ■^C^ongress. (5) [1869 S., p. 24. Approved and in force May 6, 1869.] 4665. Donations accepted. The donation oflfered by John Pur- due, 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 communicated to the General Assembly, at its last session, in the message of the Gov- ernor, of the twenty-seventh day of January, 1869, are hereby accepted -by the State of Indiana. (1) ■ 4666. Location. The college contemplated and provided by the .act of Congress, approved July 2, 1862, entitled "An act donating pub- lic lands to the several States and Territories which may provide Col- leges 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 made shall be permanent. (2) 4667. Purdue University — Permanent name. In consideration ".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 effectual, the said institution, from and after the date of its loca- tion as aforesaid, shall have the name and style of "Purdue Univer- sity" ; and the faith of the State is hereby pledged that said name and style shall be the permanent designation of said institution, without ad- dition thereto or modification thereof. (3) 4608. Corporate name— Powers and duties of Ti'ustees. From and after the date of the location made as aforesaid, the corporate name of the trustees of the Indiana Agricultural College shall be "The Trustees of Purdue University" ; 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 222 SCHOOL LAW OF INDIANA. thereof, and all moneys or other property which may hereafter at any time be donated 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, holding their meetings at such times- and places as they may agree on, a majority of their number constitut- ing a quorum. They shall provide a seal ; have power to elect all pro- fessors and teachers, removable at their pleasure ; fix and regulate com- pensations ; do all acts necessary and expedient to put and keep said university in operation; and make all by-laws, rules, and regulation? required or proper to conduct and manage the same. (4) 1. Students must submit to rules. A student is required to submit tc any proper rule necessary for the good government of the institution. 82 Ind^ 278. 2. Espui^iON. — A student can not be expelled for attending a public ball, 32 Mo. App. 536. 3. Qualifications for admission. The faculty can not make membership of a Greek-letter fraternity or other college secret society a disqualification for admission. 82 Ind. 278. 4. Race or color. Students can not be expelled on account of race or color. 48 Ind. 327; 7 Nev. 342; 18 Mich. 400; 48 Cal. 36; 71 111. 383. [Approved and in force February 17, 1893.] 4668a. 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 t. beginning at the southeast corner of the lands owned by said universityy 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. (1)> 4668b. That the trustees of Purdue University are hereby empow- ered to dedicate for public streets such strips of lands extending througb or along the grounds owned by said university as they may deem for the best interest of said university. (2) 4668c. An emergency exists for the immediate taking efiect of thif act, it shall be in force from and after its passage. (3) 4669. Privileges of John Purdue. In further consideration 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 Agricul- tural College, and he shall also be a member of said trustees of Purdue University. Should he, at any time, cease to be such member, he shall be continued as an advisory member of said trustees ; and he shall., during his lifetime, have visitorial power, for the purpose of inspecting: SCHOOL LAW OF INDIANA. 22^ the property, real and personal, of said university, recommending to the trustees 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. (5) 4670. Amendment or repeal. 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. (6) [1875, p. 120. Approved March 9, 1875, and in force August 24, 1875.] 4671. Appointment of Trustees. 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 hy 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- appointed 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. (1) 4672. Term of office. 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 thi& act, to hold their ofiices for the term of three years, and until their suc- cessors are appointed. (2) 4673. Vacancies, how filled. If, from any cause, a vacancy occur in said board, the same shall be filled, by appointment, to fill the unex' pired term, the person appointed to fill such vacancy being nominated and appointed, or appointed, in the same manner as his predecessor had been at the commencement of such term. (3) [1891, p. 34. Approved and in force February 26, 1891.] 4674. Officers— Treasurers' bond and duties. Said trustees shall, at their first meeting after their appointment, 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 '224 SCHOOL LAW OF INDIANA. occurs, elect, by ballot, a secretary and treasurer, neither of wliom 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. (4). [1877, S. p. 60. Approved and in force March 12, 1877.] 4675. County students. 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 University, who shall be entitled to enter, remain, and receive instruction in the same, upon the same con- ditions, qualifications 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 matriculation fees ; and said student shall be entitled, in the order of admittance, to any room in the university then vacant and designed for the habitation or occupancy of a student ; and such student so admitted shall have prior right to any such room, subject to the rules of the university, over any student not appointed and admitted as aforesaid. (1) 4676. Students. No more than two students at the same time from any one county shall be entitled to admittance 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 va- cancy in its appointments. (2) [1881 S., p. 585. Approved and in force April 14, 1881.] 4677. Inyestment of fund. The trustees of Purdue University, lay their treasurer, are hereby authorized, on or after the first day of April, 1881, to surrender to the Treasurer 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 university, 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 SCHOOL LAW OF INDIANA. 225' 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 Gov- ernor 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 University and their suc- cessors, with interest at the rate of five per cent, per annum, payable quarterly after date of the bond), all for the use of Purdue University — said bonds surrendered, and fifteen thousand dollars paid, constitut- ing the endowment fund of said university derived from the gift of the United States (1) [1889, p. 351. Approved and in force March 9, 1889.] 4677a. Gift to establisli Institute of Technology. Whenever any individual or individuals shall give, donate or bequeath a sum of money or other valuable property for the purpose of establishing an In- stitute of Technology or other special schools in connection with Purdue University in and on the grounds of said university, the trustees of said university are hereby authorized and empowered to accept such dona- tion, 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 institute in connection with Purdue University : Provided, That such Institute of Technology shall be freely open to students upon the same terms upon which Purdue University is open to students. And, pro- vided. 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 appropriations to the university. And, provided further, That the terms upon which such do- nations are received and accepted shall not be effective unless the same are endorsed and approved by the Governor of the State of Indiana. [1889, p. 273. Approved March 9, 1889, and in force May 10, 1889.] 46771). Farmers' Institutes. It is hereby made the duty of the Commtttee of Experimental Agriculture and Horticulture of the Board of Trustees, together with the faculty of tlie School of Agriculture of Purdue University, to appoint, before November 1st of each year, suit- able 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 instructions in agriculture, horticulture, agricultural chemistry and economic entomology. 226 SCHOOL LAW OF INDIANA. 4671c. Time and place of holding Institutes. Such institutes shall be held at such times and places as said committee and faculty may '•determine, and under such rules, regulations and methods of instruction •as they may prescribe : Provided, however, That such institutes shall be so conducted as to give those attending the results of the latest investi- gations in theoretical and practical agriculture and horticulture. . (2) 46TId. Appropriation. Fdr the purpose of carrying out the pro- visions of this act, paying the salaries of instructors and other necessary expenses, the sum of five thousand dollars is hereby appropriated, to be expended under the direction of the said committee of said Board of Trustees, and they shall annually report such expenditures and the pur- poses thereof to the Governor. (3) 1. This appropriation is repealed after the Jniy apportionment of 1896. [1891, p. 483. Approved and in force March 7, 1891.] 4fi77e. Acceptance of United States grant. Whereas, an act sof Congress, approved August 30, 1891, entitled an act to apply a por- tion of the proceeds of the public lands to the more complete endow- ment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of CongreBS, :approved July 2, 1862, provides, among other things, that the grants ■of moneys, authorized by this act, are made subject to the legislative as- sent of the several States and Territories to the purpose of said grants : Provided, That the payments of such installments of the appropriation lierein made, as shall become due to any State before the adjournment 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 legislative 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. TAX FOR INDIANA AND PURDUE UNIVERSITIES AND »^TATE NORMAL SCHOOL. [189o, p. 171. Approved and in force March 8, 189o.] 467 7f. Amount of tax-- Division. There shall be assessed and levied upon the taxable property of the State of Indiana, in the year one thousand, eight hundred and ninety-five (1895), and in each year thereafter, for the use and benefit of the Indiana University, Purdue SCHOOL LAW OF INDIANA. 226 a TJniversity, and the Indiana State Normal School, to be apportioned and distributed as hereinafter in this act provided, a tax of one-sixth (^) of one mill on every dollar of taxable property in Indiana, to be levied, assessed, collected and paid into the treasury of the State of Indiana in like manner 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 Treas- ury on the first day of July and the first day (f January of each year,, shall be immediately thereafter paid over to the Boards of Trustees of the respective institutions for which the tax was levied, to be distributed and apportioned among them severally upon the basis as follows, viz. : To the said Trustees of Indiana University vipon the basis of one-fifteenth (1-15) of one mill; to the Trustees of Purdue University upon the basis of one-twentieth (1-20) of one mill, and to the Trustees of the Indiana State Normal School upon the basis of one-twentieth (1-20) of one mill on every dollar of taxable property in Indiana, and the Auditor of State of the State of Indiana is hereby directed to draw a proper warrant therefor. (1) 467 7g. Kepeal of General appropriation — Permanent fund not affected. All moneys due said institutions respectively, in accord- ance with any State law heretofore enacted, or that may hereafter be enacted, making annual appropriations thereto for maintenance, shall be paid to the respective institutions for the fiscal year 1895-6 and not thereafter. It being the intent that the moneys appropriated by the first section of this act shall from and after the date of the first payment thereof be paid in lieu of the moneys described in this section Provided, That nothing in this act shall affect in any way any permanent fund that may belong to or may have been appropriated for either the Indiana University or Purdue University, named in this act, and that the proceeds of this tax accruing to Indiana University shall be used for maintenance. And provided further, That no part of the school revenue for the State shall be deducted or set apart to the Normal School fund" after the July apportionment for the year one thousand eight hundreti and -ninety-six (1896). (2) 1. The effect of the two preceding sections is to repeal section 4556 after the July apportionment of 1896; and to repeal, after the fiscal year 1895-6, the appro- priation of two thousand dollars provided in section 4558. 2. These sections do not repeal sections 4661a to 4661f, providing for an en- dowment fund for the State University ; but it does repeal, after the fiscal year 1895-6, sections 4660 and 4661, making annual appropriation for the University, o. The appropriation of five thousand dollars provided for by section 4677dl is repealed after the July apportionment of 1896. STATE LIBRARY. [1895, p. 234. Approved March 11, 1895. In force ,1895.] 401 71l. Manaj^ement. The management and control of the State Library shall be vested in the State Board of Education, which shall constitute, for library purposes, the State Library Board. (1) 226b SCHOOL LAW OF INDIANA. 4677i. Election of Librarian. The State Library Board shall before the first day of A})ril in the year of 1897, elect a State Librarian, whose term of office shall begin April 1, 1897, and who shall serve until his successor is elected by the said State Library Board. (2) 4677J. Term of oiiice. The term of ofiice of the State Librarian shall be' two years, and he shall appoint his assistants by and with the advice and consent of the State Library Board. (3) 4677k. Bond of Librarian. The Librarian shall, before entering on his duties, give bond and security, to the acceptance of the Secretary of State, in the penal sum of two thousand dollars ; which bond shall be filed in the ofiice of the Secretary of State. (4) 4077L Library — Wlien to be open. The library shall be kept open every day (Sunday, Fourth of July and other legal holidays ex- cepted) during the session of the Legislature from nine o'clock until six, and, during the recess, from nine o'clock until four. (5) 4677m. Removal of books forbitlden. The State Librarian shall not permit any book, magazine, or work of any kind, to be taken from the library rooms, except temporarily, by the Judges of the Supreme Court of the State of Indiana, of the United States Court, ofiicers of the State, members and ofiicers of the General Assembly, when required in the discharge of their official duties. But in no case shall any such book, magazine or work, be taken outside of the Capitol building. (6) 4677n. Who may use library. Said library shall be for the use of the members and officers of the Legislature, all State officers, judges ■of the courts of the United States and of this State, attorneys, edi- tors, clergymen, physicians, professors, and teachers in literary or scien- tific institutions, Superintendent of Public Instruction, members of the State Board of Agriculture, officers of benevolent institutions. Clerk of the Supreme Court, County Clerks, Treasurers and Recorders, and all other persons who have been at any time entitled, by law, to the use of such library, and such strangers as the Librarian may be willing to intrust with books at his own risk, when any of them shall be at the seat of government. (7) 4677o. Use not transferable — Penalty, It shall not be lawful for any one having the use of the library to cause or permit another not having such use to draw books, except for the use of the persons first mentioned. Any person so oifending shall be liable to a penalty of five dollars for each offense. (8) 467 7p. Catalogue. The Librarian shall keep proper books, in which he shall make entry of all books taken out, designating the names of the individuals taking the same ; also, of books returned, and of all fines and penalties assessed and collected under the provisions of this- act. He shall also keep a complete catalogue of the library, and shall, from time to time, add thereto all books purchased, and erase therefrom .all books lost or destroyed. (9) 4677q. Fines. The Librarian shall collect all fines and forfeitures accruing to the State Library, by suit or otherwise, and pay the same to SCHOOL LAW OF INDIANA. 226 C the Treasurer of State, taking his receipt, and filing the same in the office of the Auditor of State, who shall charge the same to account of Treasurer of State, for the use of library. (10) 4677r. Purcliasiiig Board — Appropriation. The State Librarj Board shall be, and is hereby, constituted the Purchasing Board of the State Library. The State Librarian shall act as Secretary of said Board and preserve minutes of their meetings and their official actions. Any three members of said Board shall constitute a quorum for the transac- tion of business. It shall be the duty of said Purchasing Board to de- cide what books, maps, charts and other instruments of knowledge shall be purchased for said library ; to supervise and direct the expenditure of all appropriations for the purchase and binding of books, and to re- port biennially to the Legislature the condition and wants of the library. It shall not be lawful for the Librarian to make any purchase of books, maps, charts or any other instruments of knowledge, except on the di- rection of said Purchasing Board. There is hereby appropriated, to be paid out of the general fund of the State Treasury, the sum of one thousand dollars annually, to be exjDended during the year beginning April 1, 1895, for the purchase and binding of books for the State Li- brary. (11) 4617s. Laws and law books. All laws and law books and all legislative Journals and documents shall be kept separate from the rest of the library. (12) 4677t. Collection and binding of documents. The Librarian shall collect annually and preserve duplicate copies of the messages of the President of the United States and of the Governors of the States ; report of heads of departments of the general and State governments, of the committee of ways and means of the several States, and of the committees of Congress on general subjects ; also copies of the reports and proceedings of public societies for the promotion of agriculture, the mechanic arts, history and literature, all of which may be bound,. (13) 4677n. Preservation of laws and journals. The Librarian shall select from the journals and laws belonging to the State twenty copies of the journals of the House for each year, ten copies of the journals of the Senate, ten copies of the documentary journals, thirty copies of the general laws and fifteen copies of the local laws for each year, and keep tlie same for use in the library ; and shall carefully pre- serve, in books or otherwise, all remaining copies of the same. (14) 4677v. Legislative papers. The Librarian shall have charge of the Legislative papers, which shall be delivered to him at the close of each session, by the Secretary of the Senate and the Clerk of the House, and shall keep in good order all bills introduced in either branch of the (sreneral Assembly, all petitions, memorials and remon- strances, each in its appropriate files, keeping the files of each House separately. (15) 4677w. Excliailges. The Librarian may exchange, for the bene- fit of the State Library, any duplicate, imperfect, damaged or other work not wanted for use in the library. The Librarian may also, with the consent of the State Library Board, sell such works for the benefit 226 d SCHOOL LAW OF INDIANA, of the State Library. The Librarian shall keep an accurate account of all exchanges and sales, stating what books have been parted with and what received, what sold and for what price, and report the same to the Legislature at each session. He shall be charged and account for all books received in exchange and all moneys received for sales. (16) 4677x. Embezzlement. If the Librarian shall appropriate to his own use or dispose of any of the books in the law or any other depart- ment of the State Library, or the proceeds of any exchanges or sales of books, or knowingly make any false reports thereof, contrary to the pro- visions of this act or the act to which it is an amendment, he shall be deemed guilty of a misdemeanor and fined not less than five nor more ihan one thousand dollars, and shall forfeit and be deprived of his office. (17) 4677y. Missing books. It shall be the duty of the Librarian, in his annual report, to report the names of those who have obtained books from the library during the current year and have not returned them, and also the titles of the works not returned. (18) 4677z. Salaries. The salary of the State Librarian shall be fifteen hundred dollars per year. He shall appoint two assistants ; the salary -of the first assistant shall be eleven hundred dollars per year, and the salary of the second assistant shall be nine hundred dollars per year, and one janitor, whose salary shall not exceed six hundred dollars. (19) 4677aa. Report. The Librarian shall report, at each session of the Legislature, the condition of the library, and a statement, by items, of expenditures made under this act. (20) 467 7bb. The State Library Board shall have the power to remove, for cause, at any time, the State Librarian or any assistant employed in the library or any assistant employed in the Librarian's office. (21) 467 7cc. Removing books— Misdemeanor. Any person guilty of a violation of the provisions of the preceding sections shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined in the sum of twenty-five dollars. (22) 4677dd. Injury to books — Penalty. Any person injuring a book shall be liable for three-fold damage ; and if the book injured or lost be one volume of a set he shall be liable for the whole set, but on paying for the same he may take the broken set. (23) SCHOOL BOOKS. [1889, p. 74. Became a law by lapse of time without the Governor's approval, March 2, 1889.] 4421b. State Board of Education a Board of School Book Com- missioners. The State Board of Education shall constitute 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 : Spelling, SCHOOL LAW OF INDIANA. 227 ^reading, aritlimetic, geography, English grammar, physiology, history of the United States, and a graded series of writing books. The matter contained in the readers shall consist of lessons commencing with the simplest expression of the language, and by a regular gradation, advancing 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 fore- going books shall be at least equal in size and quality as to matter, material, style of binding and mechanical execution, to the following text-books now in general use, namely: The speller to McGuifey's Spelling-book, the reader to Appleton's Readers, the arithmetic to Ray's New Arithmetic Series, the geographies to the Eclectic Series of Geog- raphies, the grammar to Harvey's Grammar, the physiology to Dalton's Physiology, the history of the United States to Thalheimer's History of the United States, and the writing-books equal to the Eclectic Copy- books. (1) 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 con- tract for supplying them may be awarded. It may not only prescribe regulations lor using the books designated, but it may also declare how the books shall be • obtained and distributed. State v. Haworth, 122 Ind. 462. 3. Legislative not Judicial. The adoption of text-books is legislative and not judicial. Certiorari was refused on this ground. 54 Cal. 375. 4421c. Advertise for bids. The said Board of Commissioners shall, iMmediately upon the taking effect of this act, advertise for twenty-one consecutive days in two daily papers 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 furnishing books to the school trustees of the State of Indiana for 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 accompanying 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, 228 SCHOOL LAW OF INDIANA. together with the copyright of such books, for use in the public schoolg- of the State of Indiana. Third. From persons who are willing to undertake the compilatiois- of a book or books, or a series of books, as provided for in section one (1) of this act, the price at which they are willing to undertake suck compilation of any or all of such books, to the accej)tance and satisfaction of the said Board of Commissioners : Provided, That any and all bids by publishers, herein provided for, must be accompanied by a bond in the penal sum of fifty thousand dollars, 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 unless the same be accompanied by the afiidavit 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 com- petent 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 manufacture and sell such works in the State of Indiana for use in the public schools, it shall be the duty of such Board of Commissioners to pay no money for any manuscript or copyright 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 ail 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. (2) 4421(1. Open Mds. It shall be the duty of such board to meet at the time and place mentioned in such notice, and open and examine aH 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 mechan- ical execution of such books : Provided, akvays, That such board shaK not, in any case, contract with any author, publisher or publishers, for SCHOOL LAW OF INDIANA. 229 ilie 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 excess 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 (1*5) 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 arithmetic, intermediate, thirty-five (35) cents ; for an arithmetic, complete, forty-five (45) cents ; for a geography, elementary, thirty (30) cents ; for a geography, complete, seventy-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 ; for a history of the United States, fifty (50) cents ; for •copy books, each, five (5) cents. (3) 442 le. May procure manuscripts. If, upon the examination of ■such proposals, 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 manuscript of any or all of such books, it shall be their duty to procure such manuscript, and to advertise for sealed proposals for pub- lishing the same, in like manner as hereinbefore provided, and under the same conditions and restrictions. And such contract may be let for the publication of all of such books, or for any one or more of such l)ooks separately ; and it shall be the further duty of such Board of Com- missioners 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 manu- script, for such manuscript, together with the cost or expense of copy- .righting the same. (4) 44211'. State not liable. It shall be a part of the terms and con- ditions of every contract, made in pursuance of this act, that the State of Indiana shall not be liable to any contractor hereunder for any sum whatever ; but that all such contractors shall receive their pay and com- pensation solely and exclusively from the proceeds of the sale of the books, as provided for in this act. (5) 442 Ig. Governor's proclamation. As soon as such board shall have entered into any contract for the furnishing of books for use in the ;public schools of this State, pursuant to the provisions of this act; it shall be the duty of the Governor to issue his proclamation announcing :3uch fact to the people of this State. (6) 230 SCHOOL LAW OF INDIANA. 442 Ih. Trustee's duty. 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 Superintendent 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 corporations. Such County Superintendent shall forthwith make such requisition for books as the schools in the said sev- eral counties may require upon the State Superintendent of Public Instruction, and that said State Superintendent of Public Instruction shall immediately thereafter make a requisition for said books upon tbe contractor, who shall, within ninety days, ship the books so ordered di- rectly 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 enumer- ation of their counties, of the receipt of such books. It shall then be the duty of such School Trustees to immediately procure and take charge and custody of all the books assigned to their several school cor- porations, receipting therefor, to the said County School Superintend- ent; 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 corporations, at the price fixed therefor by the con- tract entered into between said Board of Commissioners and said con- tractor ; 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 and twenty-one years of age, or the parent, guardian or teacher of such 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 operate to prevent the State Board of Education, Boards of School Trustees, or Boards of School Commissioners, from devising means and making arrangements for the sale, exchange, or other dispo- sition of such books as may be owned by the pupils of schools under- SCHOOL LAW OF INDIANA, 231 their charge, at the time of the adoption of books under thepspoinsions". of this act. (7) \. Mandamus?. The trustee may be compelled by mandamus to procure aiuT. ' furnish the books. — State i\ Haworth, 122 Ind. 402. 442 ii. (Quarterly reports. At the exjoiration of three LQOHths after the receipt of such books by the County ISuperintendent, and every three months thereafter, it shall be the diity of each school trus- tee receiving and chargeable with books under the provisions of this act, to make a full and complete report to tlie County Superintendent of the number of books sold, and the amount of money rieceived there- for, and the number of (books pn liaBdj, arnd.at the timeof piaking such report he shall pay over to the County Superintendent all moneys^ re- ceived by him or with which he is chargeable, from the sales of books' in his hands ; which report shall be duly veritied by tlie oath of the party making it. (^8) 442 ij. Superintendent to enter suito If, at the expiration of ten days from the time required by this act for the making of such re- port of any School Superintendent chargeable with books under this act. any such officer shall have failed, neglected or refused to make suefe re- port, or turn over any moneys with v/hich he is chargeable, it vshall be the duty of the County School Supeiintendent, within fifteen days, to enter suit upon his official bond for an accounting and recr)very of aay moneys due from him on account of such books with which he is charge- able ; and all judgments recovered upon such bonds shall include a reasonable at tv:)rney's fee for the attorney prosecuting such suit:, anrt such judgment shall be without relief from valuation or appraisement laws, and shall be without stay of execution. (9) 4421k. Superintendent's special bond. It shall be the- dtvtyi o£t the several County School Superintendents of this State, within thirty days from the issuing of the proclamation by the Governor, as herein- before provided for, and of every County Scliool Superintendent here- after elected, before he enters upon the discliarge of his official duties/ to enter into a special bond, witli at least two fi*echold sureties of suck county, payable to the State of Indiana, conditioned that they will faitb- fully and honesthf perform all tlie duties required of them by this act^ and account for and pay over ail moneys that may come into their hands, . pursuant to the provisions of this act, in a, penal sum which shall be equal in amount to one hundred dollars for every one thousand; isdlikb-'- itants of their respective counties as shown by thf^las^!! census itorrli^d^- ately preceding the giving -of such bond, to be approved by the Board 17 — ScjiooL Law. 232 SCHOOL LAW OF INDIANA. of Commissioners 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. (10) 1. Note. Mere failure to file the bond within the time required does not - vacate the office ; and if the Board of County Commissioners declare the office va- cant lor that reason, the superintendent may appeal from such decision. — Board Com. V. Johnson. 124 Ind. 145. The Board of Commissioners can not refuse to approve the bond on the ground that the superintendent was corruptly elected. — ■StMe V. Board of Com., 124 Ind. 554. t 44211. Keports to contractor. 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 ail books sold by the several school trustees of his county, and of the number of books in the hands of the trustees of each school corporation, iwhich 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 Sehooi Superintendent to make the report and to transmit the cash, as required by this section, a right of action shall immediately accrue to the contractor against the said school superintendent and the sureties sipon 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 ■comply with the provisions of this act, and any judgment upon any such 'iiond shall include a reasonable fee for the attorney prosecuting such suit, and such judgment shall be without relief from valuation and appraise- ment laws, and shall be without stay of execution. (11) 1421111. Sale for more than contract price a misdemeanor. Any school trustee charged with the sales of any books under the pro- visions of this act, who shall directly or indirectly demand or receive any money for any book or books in excess of the contract price, as herein- before provided, shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined in any sum not less than ten nor more than .one hundred dollars, to which may be added imprisonment in the county jail for a term not exceeding sixty days. (12) 442 In. Embezzlement. Any county school superintendent trustee of any township or school corporations in this State who si or lO shall SCHOOL LAW OF INDIANA, Z6i^ fraudulently fail or refuse, at the expiration of the term for wMcli h@- ■was elected or appointed, or at any time' during such term, wheti legally required by the proper person or authority, to account for and deliYer and pay over to such person or persons as may be lawfully entitled, t® receive the same, all moneys or school books which may have come int® his hands by virtue of the provisions 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 deter«- minate period. (13) 442 lo. Appropriation— Laws repealed. The sum of one thousancl. dollars is hereby appropriated out of any funds in the State treasury noffe 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 confficfe with the provisions of this act are hereby repealed. (14) 442 ip. Emergency. Whereas, an emergency exists for the imme- diate taking effect of this act, therefore it shall be in force from and after its passage. (15) FIRST SUPPLEMENTAL ACT. [1891, p. 99. Approved and in force March 5, 1891.] 442 Iq. Advertise for bids. It shall be the duty of the Board of Commissioners for the purpose of securing for use in the common schoofe- of the State of Indiana of a series of text-books, as constituted hj th& act of the General Assembly in this section mentioned, to immediately advertise for bids, and to act upon such bids as maybe submitted for the furnishing for use in the common schools of the State of Indiana of a- spelling-book, a primary physiology, a more advanced work on physiology and hygiene, an elementary grammar, a complete grammar, and a histi' School Board 'inaking suoh^ orden, \ it ^halb be feW'dufy 'of ■ Sitcii #ufetee''br--board^ to" immediately' 'ackijowledge' the SCHOOL LAW OF INDIANA. 235^ Teceipt of such books to the contractor, aud also to make a report thereof to the Coimty Superintendent, and it shall be lawful for any such trus- tee or school board to at once make payment for such books to the con- tractor, through the superintendent of the county, out of any school funds in excess of the needs of their respective townships or school cor- porations for current expenses, or other special needs, in the hands or control of sucli trustee or board, aside from the principal or interest of the common congressional school fund, or the "school revenue for tui- tion" : Provided, however, 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 farther, That whenever any books are paid for by any trustee or school board, such trustee or school board shall be liable personally, atid liable upon their official bonds, respectively, 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 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 con- tractor, as now provided by law, until such books shall have been fully paid for. The provisions of this section shall apply to all orders hereto- fore filed : Provided, That if said trustee or board shall have on hands any books, , heretofore ordered, for which he, or it, may have no imme- diate u^e» the; same, shally upon the order of the County Superintendent, or the State Superintendent of Public Instruction, be returned to the contractor, or be shipped to such other point, as the contractor may direct, the contractor to pay all freight charges on such shipment; and the County Superintendent and such trustee or board shall, thereupon, have credit for such books so returned or shipped. (3) . 44 2 It. Books for poor or indig-eiit cMMreii. It shall be the ■duty of each Township Trustee and each School Board to furnieh the h'ecles^ary school books, so far as they have been or may be adopted by the'State, to all such poor or indigent children as may desire to attend the comnion ; Bchools of his, or its, corporation, as in his, or its, opinion.; would hbe i 0;fehe:^wise'. unable to attend such sbkmik :\^>'Pr~bvided, That no Township 'Trustee in this State shall receive an. amount exceeding five 236 . SCHOOL LAW OF INDIANA. dollars as compensation for his services in any one year for duties per-- formed in carrying out the provisions of this act, or the act to which it is supplemental. (4) 442111. Keports to Commissioners and County Superintendent. When books are fully paid for out of the funds of a school corporation, as provided in section three of this act, it shall not be necessary for the Township Trustee or School Board of such corpoTation 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 Superintendent, 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 number 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 Trustee or School Board furnishing the same shall have credit. 442 1 V. Appropriation. 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, mentioned in section one of this act, to advertise for bids as in said section provided. (6) 442 Iw. Suit on Trustee's bond. Any Township Trustee or member of a School Board, receiving or being in possession of any moneys which at the end of the next quarter should 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 af the end of such next quarter, or who shall fail to pay therewith the full proceeds thereof to the County Super- intendent, or so much thereof as may be necessary to fully pay the con- tractor, shall be liable, after demand 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 dam- ages, if any, and any judgment which shall be rendered in favor of the^ plaintiff in the action shall contain a reasonable 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 corporation on account SCHOOL LAW OF INDIANA. 237 '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 projier fund. Any judgment rendered against a Township Trustee, School Board, or member of a School Board, because of the non-perform- ance of any duty, shall include a reasonable fee for the plaintiff' s attorney. <7) 442 1 X. County Superintendent's Special Bond. It shall be the duty of each County School Superintendent of this State, within thirty days from the taking effect of this act, and of each County School Super- intendent 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 required of him by law, and account for and pay over all moneys which 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 office shall become immediately vacant, and the Board of ■Commissioners of his county shall immediately appoint some competent ^nd suitable person to fill such vacancy for the unexpired term of his office. (8) 442 ly. Superintendent's report to contractor. It shall be the duty of such County School Superintendent within 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 thereof to the contractor, which report shall be accom- panied by all cash received by him from the school officers. The report above provided for shall be duly sworn to by the County Superintendent, and a duplicate thereof shall be filed by him in the office of the auditor of his county. Upon the failure of any County School Superintendent to make report to the contractor and to 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 sureties upon his 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 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 judg- ment shall be without relief from valuation or appraisement laws, and ;shall be without stay of execution. (9) 238' SCHOOL LAW OP INDIANA. 442 Iz. Failure to report — Embezzlement. Any County School Superintendent, or trustee of any township, or member of any school board in this State, who shall fraudulently fail or refuse, at the expira- tion 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 person 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 tlie State prison not more than five 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 deter- minate period. (10) 44211)13. Books to he imiformly used. The books which have been, or may hereafter be, adopted by the State of Indiana 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 ^jroper school officers and authorities to use in such schools such books for teaching the subjects treated in them. (11) 442 Icc. Duty of Contractor. 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 to notify the consignee of such shipment, and deliver the books or- dered by the various County Superintendents, at such railway stj^tions as may be most convenient for the various Township Trustees or School Board in the several counties to receive the same as may be directed by the said County Superintendent. And in preparing such books for sucji 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 substantial paper of sufficient weight to protect tlie books enclosed therein, and to be closed at each end thereof, and each package 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 preserve the same in the original packages in which they ai-e wrapped without opening,. SCHOOL .LAW Q¥ INDIANA. iintil,9.Il ^copies of th,^ sapie boqks h;eretQfpj:e receiveji, by him or it l^aye Ijifeii ^old, and tjiereafter not to open any, sucli package until all copi^ containecl in p3,ckages previously opened Have been sold: Provided^ I^, upon the opening of any such package, any Township Trustee or Scho(^l Board shall discover that any of the books therein contained haye,been damaged, or are defective 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 an event, he, or it, shaU. immediately notify the County Superintendent of such damaged or defective 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. (12) 4421 dd. Name and price of books on cover. It shall be the duty of any person or persons, firm or corporation who may hereafter furnish and supply books under the provisions 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 letters upon the outside of the first cover of each book so fur- nished and supplied by him or them, the name of the adopted book, and upon the outside of the back cover the price at which such book is fur- nished to be sold to pupils, under such contract, and it shall be the duty of all County Superintendents, Township Trustees, and other school ofii- cers, and school teachers, to see that all books so furnished to pupils, and bought by pupils for use in the schools of the State shall bear fiuch imprint: Provided, This section shall not apply to topy books. (13) 442 lee. State Superintendent's duty. 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 Su- perintendents^! as soon as possible after the passage thereof, a suflScient 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 shall, at once, upon the receipt of the copies intended for his county, mail, or other- wise deliver, to (e^©h^ Township Trustee alid member of a School Board in hi&co'unty a ^jopyi'of this act. (14) 4421ff. Acts, supplemental. , Nothing in this act shall be con- strued to in anywise affect the act mentioned in section one of this acifc, and th|et"yTO.aook, or series of books, so revised for use in the schools of the Stat« isinder his contract. And no new book, or revised book, oa' series of 'j30oks, shall be introduced for use in the schools of the State, at any 'ume, by virtue of the provisions of this act, until the State Board of School Book Conimissioners shall have given notice to the County Su- perintendents, Towhship Trustees and School Boards of the State, by printed notice mailed to each of said school officere, last above named, ■:Sl% 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 given by said County Superintendents, Trustees and School Boards to all merchants and dealers in their respective school corporations, who 2»av be selling the adopted books. And it shall be the duty of the State SCHOOL LAW OF INDIANA. 24S Superintendent of Public Instruction and tlie County Superintendents of each county to scale down to the minimum number all requisitions for school books, which may be made after such notice is given, thereby enabling all Township Trustees, School Boards, and dealers, to dispose^ of the stocks of books in their hands ; but no dealer shall buy or carry- on hand, at any time, more books than are actually needed to supply the demands therefor, for the purpose, or with the intent, of prevent,. ing 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 Superin- tendent a copy of the quarterly verified reports made by County Super- intendents to the contractor, giving the number and kind of books on- hand with the various dealers and Township Trustees and School Boards of their respective counties ; and at the expiration of such notice sucli 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 ail classes in such study, or studies, who, at the time of the expiration of the term of such notice, shall have purchased books for use in such' classes, shall be allowed time to complete such books before being' eom?- pelled to buy new or revised books. And at the expiration of any eor^- tract 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 tke 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 conditions 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 hereinbe^ fore specified : Provided, That, at the expiration of any such contract^,, the State Board of School Book Commissioners shall require such con- tractor or contractors furnishing such books to execute a new bond, con- ditioned that they will continue to execute such contract in all regards as they had theretofore executed the original contract : Provided, further. That nothing herein contained shall be construed as restraining or pre- venting said State Board of School Book Commissioners, after any such' school book, or any such revised book, shall have been in use in th& schools of the State for a period of five years, from proposing to tk& contractor furnishing the same, suck reduction in the price at which, such book or revised book shaH be continued in use in the schools for itber5i©±tt'eiigumgi ifij\re'.>y-eAs,bas, »iifche; ijudgmient ' of' isaidi)boai!(i(,r'<:piiay >s^em 'reasonable! : If feiicb coutractoa? shall accede to such pyoposedi rediic- 'fiosii:, then the, priceiof suchi book^or revised book 'Shally for stieht ehsuing jpe^iod of fivei years/ibe fisedfatitbe^dnginal contract price thereof^ less '4h& amouni of the i-eduction so agreed upon, and such price ■shall be ';|>rinted on the back of said book, as now required by law.- ■ In eveint ,said ■Jcomiiractorishair not be willing to accede to such terms, th4 said board ihay appoint a disinterested person, conversant with such matters, said require the said contractor 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 mad^ iia the price at which such book or revised book should be furnished for '?jse in the schools of the State for the next ensuing period of five years, andiif they shall determine that any such reduction ought to be made, tfej shall fix the amount of such reduction, and shall certify to the said board and to such contractor their determination in that behalf, and ihereuponi, if said contractor shall accede to the price thus arrived at, #ie 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 nowprovided bylaw, and said contractor shall be required to furnish the same at such price ; but otherwise, in all regards under the provisions of this act and acts to which it is supplemental. 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 accordance with the provisions of tins act and of the acts to which it is supplemental : And, provided further, That nothing in this act contained shall be construed to prevent ithe State Board of School Book Commissioners irote'sxercising their ■discretion in deciding whether they shall order any of the books already in use under contract to be revised, or whether, instead, they shall advertise for books ito be adopted instead of said books already in use. ..(lO);!:-'- ' ' ;vj :;4oofi. ion -ii :iry_, .hii,; ''.WB flUfisUrVi 'I'M , i ;*'44Mi4\ Intermediate gramiiiar or language lessons* If, in fhe'opiniDh' of the State Board of School Book Commissioners, an in- leruiediaite grammar or language lessons is needed for the better teach- ing of feueh branch of study, instead of a revision of the series of gram- atiarsino^ in use, it shall then be lawful for such board to provide for such intermediate book,; and for 'thati purposeshall proceed,' as nowplro- M^idbd by law, ; to advertise for proposals to furnish such book, requiring i^^^nd in such sum as they deem sufficient to insure the compliance with ■ ^CBEOCfL LAW OF INDli^A. .^^ -^^h. proposals,^ consi^Qr such prpposals and contract for such book : ; Pro- rPidied, however, That such,. intermediate grammar shall be equal in quality i^to niaterial, style of binding, and mechanical execution to Long's .I^essons iu English, and in subject matter shall embrace not less than ,^10 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 iidetermined 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 same series, and as shall cover more perfectly the entire subject matter necessary to a complete education in this branch of learn- ing. 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. (11) 442 ISS. State Board to meet — Notice. For the purpose of de- termining what book or books, if any, may need revision, or whether an intermediate grammar is needed, the State Board of School Book Com- missioners shall meet on the first Monday of April, 1893, and shall then .and there make such inquiry and examination of the books then in use under contract with the State as shall enable them to determine upon the propriety of ordering any such revision or intermediate 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 required to be made before the time of the expiration of the existing contract for any such book or books. (12) 442 Itt. Frequency of reTision — GeograpMes. In no case shall a revision of any book or books be required by the State Board of School ,■ Book Commissioners oftener than every five years, except in geographies \mid histories, which said mentioned books may be ordered to be revised as often as in the opinion of the said board shall be necessary to keep said books accurate and modern in all matters pertaining to those .Ibrsnches of study. (13") 442 imi. Standard of revision — Contractor's bond. Whenever any book or series of books shall be revisied by order of the State Board of S Sfid. l5. Kd 'p^rsM or confined in jail, shall b^ treated with unnecessary rigor. Sec. 16. Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishment shall not be inflicted. All penalties shall be proportioned to the nature of the oilense. 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 presumption strong. Sec. 18. The penal code shall be founded on the principles of reformation, and not of vindictive justice. Sec 19. In all 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 re- main inviolate. Sec 21. No man's particular services shall be demanded without just compensation. No man's property shall be takec' by law without just compensation; nor, except in case of the- State, without such compensation first assessed and tendered- Sec 22. The privilege of the debtor to enjoy the necessary comforts of lite, shall be recognized by wholesome laws, ex- empting a reasonable amournt 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 citi- zen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens. 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 suspended ex. ept by the authority of the General Assembly. Silo. 27. The privileges of the writ of habeas corpus shall not be suspended, except in case of rebellion or invasion, and then only if the public safety demand it. 256 SCHOOL LAW OF INDIANA. 8eo. 28. Treason against the State shall consist only in levy- ing 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. 80. 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, to con- sult for their common good ; nor from instructing their repre- aentatives; nor from applying to the General Assembly for redress of grievances. Sec. 32. The people shall have a right to bear arms for the defense of themselves and the State. Seo. 83. The military shall be kept in strict subordination 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. 85. The General Assembly shall not grant any title of mobility, nor confer hereditary distinctions. Sbo. 36. Emigration from the State shall not be prohibited. Sec. 37. There shall be neither slavery nor involuntary servi- tude, within the State, otherwise than for the punishment of crime, whereof the party shall have been duly convicted. No indenture of any negro or mulatto, made or executed out of the bounds ot the State, shall be valid within the State, AETICLE IL BUIFBAQB AND ELECTION. 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 township sixty CONSTITUTION. 25T days, and in the ward or precinct thirty days immediately pre- ceding such election ; and every male of foreign 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 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, sea- man or marine, have the right to vote. Sec. 4. No person shall be deemed to have lost his residence in the State by reason of his absence either on business of the- State or of the United States. Sec. 5. [Stricken out by constitutional amendment of Marcb 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 t#- procure his election. Sec. 7. Every person who shall give or accept a challenge to fight a duel, or who shall knowingly carry to another per- son such challenge, or who shall agree to go out of the State t» fight a duel, shall be ineligible to any office of trust or profit. Sec. 8. The General Assembly shall have power to deprivo^ 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 appointment^ 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 perinitted : Provided, That offices in, the militia, to which there is attacned no annual salary, and the office of Deputy Postmaster, where the compensation does noffc; 258 SCHOOL LAW OF INDIANA. exceed ninety dollars perjannum, shall not be deemed lucrative; And provided, also, That counties containing less than one thou- sand 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, ac- cording 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 num- ber of years continuously, an appointment pro tempore shall not be reckoned a part of that term. :;rUj5f 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 G-eneral Assembly, or by either branch thereoi, sh^Whe viva voce. Sec. 14. Ail 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 juris- diction, 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 ail persons entitled to vote. ARTICLE III. DISTRIBUTION OF POWERS. . Section 1. The powers of the Government are (iivi(3:e|d into, three separate departments: the Legislative, the Executive (in- cluding the Administrative), aud the, Judicial ; and no person, charged with offi.cial duties under one of these departm,ent;s, shall exercise any. of the functions of aiaQth^r,|e|Xpept ,a,8^r||i;v|'^:^; Constitution e:^Pjr§fS(ly provided,, , , CONSTITUTION. 259 ARTICLE IV. LEGISLATIVE. Section 1. The Legislative- authority of the State shall be Tested in a General Assembly, which shall consist of a Senate 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 districts into which the State may, from time to time, be divided. 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, however, 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 for- ever thereafter. And in case of increase in the number of Sen- ators, 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 practica- ble. Sec. 4. The General Assembly shall, at its second session nWev the adoption of this Constitution, and every sixth yeai thereafter, cause an enumeration to be made of all the male in- :habitants over the age of tWeuty-one years. Sec. 5. The number of Senators and Representatives shall, at th<^ session next following each period of making such enu- meration, be fixed by law, and apportioned among the several counties, according to the number Of male inhabitants, above ■twenty-one years of age, in each: Provided, That the first and isecond elections of members of the General Assembly^ under this Constitution, shall be according to the apportionment last f.made by the General lAssemblyibefore, the: adoption of this Con- *®titutiOin.. - 260 SCH.OOL LAW OF INDIANA. Sec. 6. A Senatorial or Representative district, where mor® than one county shall constitute a district, shall be composed of contiguous connties ; and no caunty, for Senatorial appor- tionment, 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 inhabitant 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 sub- ject to any civil process during the session of the General As- sembly, nor during the fifteen days next before the commence- ment thereof. For any speech or debate in either House, a member shall net 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 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 difierent 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 special session. Sec. 10. Each House, when assembled, shall choose its own ofiicers (the President of the Senate excepted), judge the elec- tions, qualifications and returns of its own members, determine its rules of proceeding, and sit upon its own adjournment.. But neither House shall, without the consent of the other, ad- journ 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, adjourn from da}'^ to day, and compel the attendance of absent members. A quorum being in attendance, if either House lail to efl:ect an organization within the first five days thereafter, the membert- CONSTITUTION. 261 »of the House so failing shall be entitled to no compensation f rom^ the end of the said five days, until an organization shall liave been effected. Sec. 12. Each House shall keep a journal of its proceedings, and publish the same. The yeas and nays, on any question, ehuU, at the request of any two members, be entered, together will] the names of the members demanding the same, on the journal: Provided, That oh 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 opin- ion of either House, may require secrecy. Sec. 14. Either House may punish its members for disor- derly behavior, and may, with the concurrence of two- 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 contemptu- ous behavior in its presence ; but such imprisonment shall not, ^t 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 independent rState. Sec. 17. Bills may originate in either House, but may be amended or rejected in the other, except that bills for raising 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 dispense 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 mat- ters properly connected therewith ; which subject shall be ex- pressed in the title. But if any subject shall be embraced 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 iu •the title. 262 SOHOOL LAW OF INDIANA, 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 amomied by mere reference to its title; but the act revised, or section amended, shall be set forth and publitLihed at full lengfth. Sec. 22. The General Assembly shall not pass local or speriul laws in any of the following enumerated eases, that is to say t Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors; Regulating the practice in courts of justice; Providing for changing the venue in civil and criminal casea;. 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 plate, streets, alleys and public squares;. Summoning and impanneling grand and petit juries, and providing for their compensation ; Regulating county and township business; Regulating the election of county and township officers, and their compensation; iliii ■> J For the assessment and collection of taxes for State, county^ township or road, purposes ; Providing for supporting common schools, and for the pre- eervation of school funds ; In relation to fees or salaries ; except that the laws may be 80 made as to grade the compensation of- officers in proportioB to the population and the necessarj^ services required ; In relation to interest on money ; 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 executors^,. administrators, guardians or trustees CONSTITUTION. 263 Sec. 23. In all the cases enumerated in the preceding sec- tion, 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 bring- ing suits against the State, as to all liabilities originating alter the adoption of this Constitution; but no special act authoriz- ing such suit to be brought, or making compensation to any person claiming damages against the State, shall ever be passed. Skc. 25. A majority of all the members elected to each House shall be necessary to pass every bill or joint resolution; 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 emer- gency 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 the session at which such increase may be made. No session of the oren- eral Assembly, except the first under this Constitution, shall extend beyond the term of sixty-one days, nor any special ses- sion 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 Assembly, 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 latter provision shall not be construed to apply to any office elective by the people. 19— School Laws. ^64 SCHOOL LAW OF INDIANA. ARTICLE T, EXECUTIVE. Section 1. The executive powers of the State shall be vested In a Governor. He shall hold his office during four years, and >shail not be eligible more than four years in any period of •eight years. Seg. 2. There shall be a Lieutenant Governor, who shall iiold 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 Toting for Governor and Lieutenant Governor the electors shall designate for whom they vote as Governor, and for whom rs Lieutenant Governor. The returns of every election for Governor and Lieutenant Governor shall be sealed iip and transm'tted to the seat of government, directed to the Speaker of th€ House of Representatives, who shall open and publish them i ^ the presence of both Houses of the General Assembly. Seg 5. The persons, respectively, having the highest num- l)er of votes fcr Governor and Lieutenant Governor, shall be ©lected ; 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 proceed to elect one of the said persons Governor or Lieutenant Governor, as the <;ase may be. Sec. 6. Contested elections for Governor or Lieutenant Gov- ernor shall be determined by the General Assembly, in such ,oiauner as may be prescribed by law. cSsc. 7. IsTo person shall be eligible to the office of Govoruoi ©T 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 *o either of the said offices who shall not have attained the age of thirty years. CONSTITUTION. 26^ 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 January,, 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 Lieutenant Gov- ernor ; and the General Assembly shall, by law, provide for the- case of removal from office, death, resignation, or inability y, 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 GovernoF be elected. Sec. 11. Whenever the Lieutenant Governor shall act as? Governor, or shall be unable to attend as President of the Sen- ate, the Senate shall elect one of its own members as President for the occasion. Sec. 12. The Governor shall be commander-in-chief of the military and naval forces, and may call out such forces to exe- cute 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 expedient. Sec. 14. Every bill which shall have passed the General As- sembly shall be presented to the Governor ; if he approve, he shall sign it, but if not, he shall return it, with his objectionSy, to the House in which it shall have originated, which House shall enter the objections at large upon its journals, and pro- ceed 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 majority of all the members elected tO' that House, it shall be a law. If any bill shall not be*returne