Glass i B^S '^i 
 Book -1-2- 
 
PUBLIC SCHOOL LAWS 
 
 PASSED BY THE 
 
 LEGISLATURE 
 
 OF 
 
 1907 
 
 ISSUED BY 
 DEPARTMENT OF EDUCATION 
 
PUBLIC SCHOOL LAWS 
 
 PASSED BY THE 
 
 LEGISLATURE 
 
 OF 
 
 1907 
 
 ISSUED BY 
 DEPARTMENT OF EDUCATION 
 
 96 f 
 
 MONTGOMERY, ALA. 
 
 BEOWN PRINTING CO., PRINTEBS A BINDERS 
 1907. 
 
p^\^ 
 
 V 
 
 DEPARTMENT OF EDUCATION 
 
 HARRY C. GUNNELS, WM. F. FEAGIN, 
 
 Superintendent of Education. Cliief Clerli. 
 
 W. C. SWANSON and JAS. N. GUNNELS, Boolilie^pers. 
 MISS MAGGIE PEARCE, Stenograplier. 
 
 STATE BOARD OF EXAMINERS. 
 
 HARRY C. GUNNELS, Ex-Officio President. 
 
 HENRY J. WILLINGHAM, Secretary. 
 
 MISS SARA CLARK. 
 
 MISS SUSIE OFFUTT, Stenographer. 
 
 IN JSXCHANQE^ 
 
 /\lC. D^CT 6t;A^.4U^St' 
 
 4lA>k Xk 4nnn 
 
No. 361.) AN ACT. (S. 221. 
 
 To amend section 17 of an act to establish a uniform 
 system for the examination and licensing" of teachers 
 of public schools, approved February 10, 1899; 
 amended February 8, 1901. 
 
 Section 1. Be it enacted hy the Legislature of Ala- 
 havia. That section IT of an act to establish a uniform 
 system for the examination and licensing of teachers of 
 public schools be amended so as to read as follows : Sec- 
 tion 17. Be it further enacted, That whenever any 
 teacher applying for a certificate shall make proof that 
 he has been engaged for six years in teaching under first 
 grade certificates, which proof the County Superintend- 
 ent of Education shall transmit to the State Board of 
 Examiners, and shall show a high degree of proficiency 
 and professional attainment, such teacher may be granted 
 a life certificate, signed as prescribed for other certifi- 
 cates; provided, that any teacher holding a life certifi- 
 cate shall forfeit the same by leaving off the business of 
 teaching for five consecutive years. 
 
 Approved July 17, 1907. 
 
 No. 3^3.) AN ACT. ^ (S. 220. 
 
 To repeal section sixteen of an act to establish a uniform 
 system for the examination and licensing of teach- 
 ers of public schools, approved February 10, 1899; 
 amended February 8, 1901. 
 
 Section 1. Be it enacted In/ the Lef/islatare of Ala- 
 bama, That section sixteen of an act to establish a uni- 
 form system for the examination and licensing of teach- 
 ers of public schools, approved February 10, 1899; 
 
amended P^ebniarY 8, 1901, be and the same is hereby- re- 
 pealed. 
 
 Approved March 13, 1907. 
 
 NOTE.— The repeal of section 16 and the amend- 
 ment to section 17 are the only changes made in 
 examination law. 
 
 No. 201.) AN ACT. (H. 24. 
 
 To make appropiiations for the support and maintenance 
 of the public schools of the State. 
 
 Section 1. Be it enacted hy the Legishiture of Ala- 
 bama, That for the support and maintenance of the pub- 
 lic schools of the State the following sums of money are 
 hereby appropriated for the scholastic year 1906-1907 
 and for each scholastic year thereafter : 1. For interest 
 on the Sixteenth Section fund, Valueless Sixteenth Sec- 
 tion fund, Surplus Revenue fund and School Indemnity 
 Land fund, one hundred and sixty-five thousand dollars. 
 2. The net amount of poll tax that may be collected in 
 the State, the poll tax collected in eacja county to be ap- 
 plied to the support and maintenance of the public 
 schools therein. 3. The net proceeds of the annual tax 
 of thirty cents ou each one hundred dollars of taxable 
 property in the State, which tax is hereby levied, as pro- 
 vided by section 260 of the constitution. 
 
 Section 2. The further sum of three hundred thousand 
 dollars is hereby appropriated from and out of any money 
 in the treasury not otherwise appropriated for the sup- 
 port and maintenance of the public schools of the Sta^te 
 for the scholastic year 1907-1908; and the sum of three 
 hundred and fifty thousand dollars is hereby appropri- 
 ated from and cut of any money in the treasury not oth- 
 erwise appropriated for the support and maintenance 
 of the public schools of the State for the scholastic year 
 1908-1909 and for each scholastic 3^ear thereafter. 
 
 Approved March 2, 1907. 
 
No. 312. ) AN ACT. ( S. 207. 
 
 To amend an act approved Marcli 4th, 1903, entitled an 
 act to create a Text Book Commission, and to pro- 
 cnre for use in the public free schools in this State 
 a uniform series of text books; to define the duties 
 and powers of said commission and other officers, 
 to make an appropriation for the carrying into effect 
 of this act; to provide pu.nishment and penalty for 
 the violation of the same. 
 
 Section 1. Be if enacted by the Legislature of Ala- 
 bama , That section 22 of said act, approved March 4, 
 1903, be amended so that it will read as follows: Sec- 
 tion 22. Be it further enacted. That the. adoption made 
 as provided for in this act shall continue for five years 
 froni the date of such adoption, provided the provisions 
 of this act shall not apply to those counties which have 
 adopted a uniform system of text books for the public 
 schools, and have contracted for a supply of such text 
 books until September, 1908, unless they see fit sooner to 
 accept the j)rovisions of this act, and provided, further, 
 that no new contract shall be made after the passage of 
 this act by any County Board of Education of any city 
 or town in this State. 
 
 Approved, July 11, 1907. 
 
 No. 757. ) AN ACT. ( S. B. 384. 
 
 To provide for the establishment of high schools in this 
 State, and to make appropriations for said schools. 
 Be it enacted by the Legislature of Alabama : 
 
 Section 1. The Governor, Auditor and Superintendent 
 of Education be and they are hereby- constituted a Com- 
 mission to locate as hereinafter provided one high school 
 in each of the counties of this State, provided that a high 
 school shall not be established under the provisions of 
 
6 
 
 this act in any county in Avhicli there are already estab- 
 lished an aiiricultural school, normal school for white 
 people, the Polytechnic Institute, the University of Ala- 
 banui, the Industrial School for White Girls or a high 
 school free to all the children of the county, until after 
 a high school has been established in all the other coun- 
 ties. 
 
 Section 2. That any county, where the citizens there- 
 of shall secure a suitable site which shall consist of not 
 less than fiye acres of land, the title of the surface of 
 which shall be in fee, but the land need not include min- 
 eral rights, and erect thereon a good and substantial 
 building with all tlie necessary equipments for a High 
 School, the cost of said land, building and equipments to 
 be not less than liye thousand dollars ,and upon making 
 a deed to the State of Alabama of said land, building and 
 equipments, there shall be appropriated cut of any mon- 
 eys in the treasury not otherwise appropriated the sum 
 of two thousand dollars for the payment of the teachers 
 in said High School, or High Schools complying with tlie 
 provisions of this act, and this appropriation is hereby 
 made to continue annually, provided further that none 
 of said two tliousand dollars shall be devoted to any 
 other purpose whatever than the payment of teachers' 
 salaries, and provided further that the same shall be paid 
 quarterly upon warrants drawn by the County Board of 
 Education in the county in which said High School is 
 located, said warrant or warrants to be subject to the 
 approval of the Commission hereinbefore created. 
 
 Section 3. Said school or schools as hereinbefore estab- 
 lished shall be under the direction and control of the 
 said Commission as a Board of Trustees in connection 
 with the Board of Education in the county in which said 
 High School is located ; provided further that nothing in 
 this act shall be so construed as to abolish any free school 
 in any district, or the office of Trustees in any district 
 in which said High School may be located. 
 
 Section 4. Xo teacher will be eligible to teach in any 
 High School established under the provisions of this act, 
 unless holding a first grade or life certificate. Nor will 
 any student be eligible to entrance into said High School 
 
unless said student can pass a satisfactory examinaton 
 in the branches of free public instruction in the elemen- 
 tary schools of his or her county. 
 
 Section 5. The said High School or Schools shall be 
 open to students of the white race regardless of age, who 
 have complied with the provisions of section four of this 
 act. 
 
 Section 6. A course of study for such school or schools 
 shall be provided and required by the Superintendent of 
 Education ; provided, however, that said course of study 
 shall consist of secondary branches of study. 
 
 Section 7. — A matriculation fee of one dollar may be 
 charged to each student to defray necessary expenses dur- 
 ing each term. 
 
 Section 8. — That this act shall not go into effect until 
 the Governor shall decide that the condition of the treas- 
 ury will admit of the appropriation herein made. 
 
 Approved, August 7, 1907. 
 
8 
 
 INFORMATION RELATIVE TO THE ESTABLISH- 
 MENT OF COUNTY HIGH SCHOOLS. 
 
 1. Under an Act approved August 7, 1907, a High 
 School is to be established in each county of the State 
 by a Commission composed of the Governor, the Auditor 
 and the Superintendent of Education. Under the terms 
 of the Act the provisions of the same are to go into effect 
 when the Governor shall decide that the condition of the 
 Treasury will admit of the appropriation. The Governor 
 has decided that the State will be able to bear the appro- 
 priation for the year beginning Oct. 1, 1908, but that the 
 Commission can and will begin at once on the task of lo- 
 cating the High Schools in the various counties. 
 
 2. Under the provisions of the law a High School can- 
 not be established in any county in which there is an 
 Agricultural School, a Normal Scliool for white people, 
 the University, the Polytechnic Institute, the Industrial 
 School for White Girls or a High School free to all the 
 children of a county, until after a High iSchool has been 
 established in all the other counties. 
 
 3. The High School Commission will hold that the 
 County High School must be separate and apart in every 
 icay from the regular district or local school in which 
 are taught the Primary and Inteimediate grades. 
 
 4. All applications by communities for the locating of 
 County High Schools should be in writing (typewritten 
 if convenient) and should set out in full the amount of 
 money which will be given, the plans of the building to 
 be erected, the nature of the equipment proposed and 
 such other general matters as would be of aid to the High 
 School Commission in selecting a location. 
 
 5. Under the terms of the law at least five acres of 
 land must be secured as a site for the High School build- 
 ing and the deed to the same must be made to the State. 
 This deed, of course, need not be made until the school 
 is located. 
 
 6. The High School Commission will consider the 
 |5,000 mentioned in Section two of the law as a minimum 
 requirement for the consideration of an application. 
 They will in passing on applications take into considera- 
 tion increased donations of land and increased funds for 
 
9 
 
 buildings and for equipment, also the healthfulness of 
 the localit}' and the school population accessible — the 
 idea being to locate the school where it would be of the 
 ''greatest good to the greatest number." 
 
 7. The State will appropriate |2,000 annually for the 
 payment of teachers in the High School. As this amount 
 with the matriculation fee of one dollar to defray neces- 
 sary incidentals will not be sufficient to sustain a first 
 class High School, it will be expected that communities 
 will agree to supplement the fund so as to procure a 
 teaching force creditable alike to the county and to the 
 State. 
 
 S. The High School Commission will consider only 
 ai3pli cations in writing, and will notify parties interested 
 when a hearing can be had, should one be desired. 
 
 9. No funds from the State will be allowed to any 
 High School located by the Commission until the build- 
 ing and equipment have been inspected by either the Com- 
 mission itself or some one delegated by it and it has been 
 found that the building and the equipment are such as 
 are necessary for the sustaining of a first class High 
 School. 
 
 10. All applications should be filed with Supt. Harry 
 C. Gunnels, the Secretary of the Commission. 
 
 /S. ^. 
 
 Governor 
 
 Auditor. 
 
 Supt. of Education. 
 
10 
 
 No. 771. ) AN ACT. ( S. B.314. 
 
 To provide for the takiii"' of the census of the school chil- 
 dren in the State of Alabama, and to provide a pen- 
 alty for the making of a false enumeration thereof. 
 Be it enacted by the Legislature of Alabama : 
 
 Section 1. — That the district trustees of each public 
 school district in this State, whether existing under the 
 general law or created by special or local law, and the 
 Boards of Education or School Trustees or other govern- 
 ing board or body of any pul)lic school district lying in 
 any incorporated town or city in this State, shall cause 
 to be made during the month of July, 1908, and every 
 even numbered year thereafter an enumeration of all the 
 children within school age residing in each of said sev- 
 eral school districts, and to that end said Trustees or 
 Boards of Education or other governing board or body 
 shall select and appoint a proper and competent person 
 to make such enumeration, on blanks to be prepared and 
 provided by the Superintendent of Education of the 
 State, and such person sliall make a report of such enum- 
 eration under oath to the County Superintendent of 
 Education of his county by the 15th day of August next 
 succeeding the time of the taking of said census. The 
 County Superintendent of Education shall then make a 
 written verified report by districts to the Superintend- 
 ent of Education of the State. 
 
 Section 2.- — That the Court of County Commissioners, 
 or Board of Eevenue or other court of like jurisdiction 
 for each county shall fix the compensation of each of 
 said persons taking such school census in each district 
 no part of which is situated in any incorporated town or 
 city, and shall order the same paid to such persons out 
 of the general funds in the county treasury of the county 
 wherein such enumerations are made. And the mayor and 
 city council or other governing body of any municipality 
 wherein a public school district, as hereinabove in this 
 act described is situated in whole or in part, shall fix the 
 compensation of the person who shall take the school 
 census in such district and shall order the same paid out 
 of the treasurv of such town or city. 
 
11 
 
 Section 3. — That any person appointed to make an 
 enumeration of the children within school age of any pub- 
 lic school district in this State as required by section 1 
 of this act who shall knowingly make a false or fraudu- 
 lent enumeration or report of the number of children 
 within school age residing in such district shall be guilty 
 of a misdemeanor, and on conviction shall be punished 
 by a fine of not less than one hundred dollars nor more 
 than five hundred dollars and shall also .be sentenced to 
 hard labor for the county for not less than six months 
 nor more than twelve months. 
 
 Approved, August 11, 1907. 
 
 AN ACT. 
 
 To provide for the redistricting of the public schools of 
 the State and for the management and control of 
 same. Approved September 30, 1903 ; as amended 
 July 17, 1907. 
 
 Section 1. — Be it enacted hy the Legislature of Ala- 
 bama,, That township lines for school purposes, in the 
 State of Alabama, are hereby abolished; provided noth- 
 ing herein contained shall be so construed as to deprive 
 the inhabitants of any township in this State of the six- 
 teenth section or any fund arising therefrom. For the Dur- 
 pose of selling and leasing the sixteenth section school 
 lands of the several townships as provided by law there 
 shall be three township trustees in each township to be 
 appointed as now provided by law. The existing township 
 trustees shall continue in office until the expiration of 
 their terms of office for the purpose of selling and leasing 
 such lands. 
 
 Section 2. — One of the County Commissioners or a 
 member of the County Board of Kevenue, the County Su- 
 perintendent of Education, and one of the county sur- 
 veyors to be named by the Court of County Commission- 
 ers, or Board of Revenue, in each of the several counties 
 of the State, are hereby created the County Redistricting 
 Board, whose duties shall be as hereinafter provided. 
 
12 
 
 Section 3. — That on the first Monday in March, 1904, 
 tlie County Redistricting Boards provided for in section 
 two of this act, shall meet at the courthouse in their res- 
 pective counties and oruanize hy electing one of their 
 number as chairman. The County Superintendent of 
 Education shall he, by virtue of his office, secretary of 
 such board ; a majority of the members of such board 
 shall constitute a quorum. 
 
 Section 4. — As scon as practicable after organization 
 the said County Redistricting Board shall lay out and 
 divide their respective counties into public school dis- 
 tricts according to centers of population and natural 
 barriers. Such districts shall be so arranged, if practi- 
 cable, as to place a public school within two and one-half 
 miles of each child within school age within such district; 
 provided that no district shall be formed which contains 
 less than fifteen children within the school age. 
 
 Section 5. — The work of establishing such districts as 
 provided in this act shall be completed not later than 
 June 1st, 1904. Within ten days after said work shall have 
 been completed, the said several County Redistricting 
 Boards shall make, in Avriting, an accurate description 
 of each district so established, which description they 
 shall deposit ^\'ith the Judge of Prol)ate, whose duty it 
 shall be to record the same in a sul)stantially bound book, 
 to be kept by him for this puipose in his oiTice. 
 
 Section 6. — (As amended.) — That on the first Satur- 
 day in July, 1908, and each fourth year thereafter at an 
 hou]' to 1)0 fixed and appointed by the County Superin- 
 tendent of Education of each county and to be uniform 
 throughout the county, after notice has been given there 
 of by the County Superintendent of Education by publi- 
 cation in a newspaper published in said county for three 
 successive weeks, (the expenses to be paid out of the 
 county treasury,) and if there be no newspaper published 
 in the county, then by written notices sent to each of the 
 chairmen of the Boards of District Trustees in such 
 county, the qualified electors of each public school dis- 
 trict shall meet at the district school house and elect 
 from among the free holders and the house holders who 
 can read and write, residing in such districts, a local 
 
13 
 
 board of three District Trustees whose duty shall be ah 
 hereinafter provided. The chairman, or in his absence, 
 a member of the Board of District Trustees, shall preside 
 over such meeting and shall certify to the County Super- 
 intendent of Education the result of the election held 
 thereat which certificate must show the names of the 
 District Trustees elected at said meeting for the district 
 and said certificate must be filed with the County Super- 
 intendent of Education within five days after such meet- 
 ing and election ; provided, however, that in the event the 
 chairman or other member of such board of District 
 Trustees should not be present at the time fixed for said 
 meeting, or being present should wilfully fail or refustj 
 to call said meeting to order or to preside over the same^ 
 then the qualified electors of sucli district assembled may 
 choose from among their number a person to preside over 
 such meeting, and such person shall be fully authorized 
 to so preside and to make the certificate of election of 
 District Trustees had at such meeting and to file the same 
 as hereinabove provided. Any qualified voter of such dis- 
 trict may within ten days after the holding of such elec- 
 tion, contest the election of any person or persons shown 
 to be elected by said certificate, by filing a contest in 
 writing with the County Superintendent of Education 
 and addressed to the County Board of Education stating 
 therein the grounds for such contest, and it shall be the 
 duty of the County Board of Education upon notice to 
 them by the County Superintendent of Education of the 
 filing of such contest, to meet and hear and determine 
 such contests within twenty days from the holding of 
 the election. And it shall be the duty of the County Su- 
 perintendent of Education upon the filing of all such con- 
 tests to immediately notify in writing each person whose 
 election is contested, of the filing of the same and of the 
 date and place where such contest shall be heard. Such 
 district trustees shall hold office for the term of four 
 years from the time of their election and until their sue 
 cessors are elected and qualified. 
 
 Section 7. — The trustees provided for in the last pre 
 ceding section shall within ten days after their election 
 meet at the public school district school house, or sc>me 
 
14 
 
 place more convenient to all concerned, and shall organ- 
 ize, by electing one of their number chairman and an- 
 other secretary. 
 
 Section (S. — The district trustees shall, during the 
 month of August, 1904, and in every even numbered year 
 thereafter, make an enumeration of all the children with- 
 in school age in their respective districts in accordance 
 with- the reijuirements of section 3573 of ihe Code of 1806, 
 and report the same as herein jDrovided to the County 
 Superintendent of Education, who also shall, by the ] 5th 
 day of said montli, make a written report of such enum- 
 eration by numbered districts to the State Superintend- 
 ent of Education, and it shall be the duty of the County 
 Superintendent of Education to enumerate or cause to 
 be enumerated, all the children of school age in any 
 township or townships in his county in which the six- 
 teenth section interest exceeds the amount of per capita 
 apportionment from the general fund, and report the 
 same to tbe office of the State Superintendent of Educa- 
 tion. 
 
 Section 9. — (As amended.) — It shall be the duty of 
 said District Trustees to care for all school properly, 
 nominate teachers for their school districts, such nomi- 
 nation to be subject to the approval of the County Board 
 of Education, the contract to teach to be made with said 
 County Board of Education, to visit the schools within 
 tbeir respective districts, observe the managenieni of the 
 same, to make quarterly reports of the conditon of such 
 school to tlie County Superintendent of Education, and 
 I') pir-vform !-nch other duties as may be required !y t]ie 
 County Board of Education, hereinafter provided for; 
 provided that if said district trustees shall fail or refuse 
 for a period of 30 days after required in writing by the 
 County Board of Education, to nominate and submit for 
 approval a teacher or teachers for their district, or for 
 such period after so required in writing, shall fail or re- 
 fuse to perform any of the duties required of tliem under 
 this act, tlum and in such event, the County Board of Ed- 
 ucation shall be autlio-i-ized to perform any such dutic 
 (including nomination and employment of teachers in 
 lieu of said distr-ict trustees) wherein they have failed to 
 perform them. 
 
15 
 
 Section 10. {As amended.) — The chairman of the sev- 
 eral boards of district trustees shall meet at the court- 
 house in their respective counties on the second Saturday 
 in August after their election and shall elect four county 
 trustees who shall hold office for a term of four years 
 from the date of their election and until their successors 
 are elected and qualified. Before entering upon the du- 
 ties of office, they shall take the oath of office prescribed 
 by the constitution of the State. The County Superin- 
 tendent of Education and said four County Trustees shall 
 constitute the County Board of Education within their 
 respective counties. The County Superintendent of Ed- 
 ucation shall be the chief executive officer of said County 
 Board of Education, and shall see that all the rules, reg- 
 ulation and orders of said County Boards are enforced; 
 provided, however, that no District Trustee, during the 
 term of office for which he was elected shall be eligible 
 to election as a County Trustee nor shall more than 02ie 
 teacher actively engaged in teaching in the public schools 
 in this State be a member of said County Board of Edii- 
 cation at one and the same time. The Court of County 
 Commissioners or Board of Eevenue of each county shall 
 provide at the expense of the county, all necessary blank 
 books, stationery and postage for the use of the County 
 Boards of Education of the county. 
 
 Section 11. — The said County Board of Education shall 
 have entire control of the public schools within their 
 respective counties, unless otherwise provided by law. 
 They shall make rules and regulations for the governmept 
 of the schools, see that teachers perform their duties, and 
 exercise such powers, consistent with the law, 
 as in their judgment ^W\ best subserve the cause 
 of education. The said board shall have the 
 right to acquire, purchase, lease, receive, hold, 
 transmit and convey the title to real and per- 
 sonal property for school purposes. Said Board of Edu- 
 cation shall by and in the name of the County Board of 
 Education sue and be sued, contract and be contracted 
 with ; all contracts to be made after resolution adopted 
 by said board and spread on its minutes and signed by tlie 
 
16 
 
 president and secretary, and all process shall be executed 
 on tlie secretary of said board. 
 
 Section 12. — Whenever there shall have been estab- 
 lished in any school district a system of graded schools 
 free to the children of school age, within such district for 
 a period of not less than eight mouths in each year ,the 
 electors of such district may increase the number of the 
 district trustees to five and assume entire control of the 
 public schools therein; provided, the trustees of such dis 
 tricts shall make all reports re<iuired l)y law to the Coun- 
 ty Board of Education. 
 
 Section 1>{. — Each member of the County Redistricting 
 Board named in section two of this act shall receive two 
 dollars a day for each day in which he is actually em- 
 ployed in forming school districts under this act to be 
 paid out of the county treasury upon the written requi- 
 sition of the president and secretary of such board ; pro- 
 vided, that no memlx'r of said board shall receive pay for 
 nu^-e than fifteen days, and ])rovided, further, that the 
 County Superintendent of Education shall receive no pay 
 for serving on said board. 
 
 Section 14. — Each of the four members of the County 
 Bc;ard of Education, provi<led for in section 10 of this 
 act, shall receive fr(>m the public school funds o± the 
 county to be disbursed by the County Suinn-intendent 
 of Education two dollars a day for each' day's work devo- 
 ted by him to the i)ublic schools; provided he shall not 
 receive i')ay for mtae than ten days in any one year. The 
 Coimty Superintendent of Education shall apportion 
 among the several school districts the amount of compen- 
 sation to be j)aid to the mendicrs of the County Board of 
 Education an.<l t(i account for the same in like manner as 
 provided f(;r the ccmpensation paid to teachers in such 
 districts. 
 
 Section 1;"). — The Cininty Superintendent of Educatiim 
 shal] receive and, by and with the advice and consent of 
 the County Board of Education and under its direction, 
 sliall disburse all moneys appro])riated and provided by 
 law, or that mav hereafter be provided for by law, either 
 general or sytecial, far the support of any and all public 
 schools within their respective counties. For their com- 
 
pensatioii, tliey shall receive four per centum on all State 
 public moneys legally disbursed by them, not to exceed 
 the sum of eighteen hunderd dollars for any calendar 
 year. For all moneys received and disbursed by them, the 
 County Superintendents shall account to the State Su- 
 perintendent of Education, as now provided by law. 
 
 Section 16. (As amended.) — The lines and boundaries 
 of any public school district heretofore established by 
 genera] law or any special law, may be changed, or a new 
 public school district may be created by the vote of a 
 majority of the County Bonrd of Education, and upon 
 application to said board, and after notice of said appli- 
 cation and of the time and place of hearing the same has 
 been given by publication for three successive weeks in 
 som.e newspaper published in said county (if a nevrs- 
 paper be published therein) and by posting written no- 
 tices in at least three public places in the territory to 
 be affected by said change. Said publication and notice 
 shall be made and given by the County Superintendent of 
 Education and the person or persons making the appli- 
 cation for such change shall deposit with him a sum of 
 money sufficient to pay the expenses of said publication 
 and notices, such sum of money to be expended by him 
 for that purpose. And whenever the boundaries of any 
 public school district are changed by the County Board 
 of Education or a new public school district shall be cre- 
 ated by said board under this section, it shall be the duty 
 of the County Superintendent of Education Avithin ten 
 days after such change, or the creation of such district, 
 to file in the office of the Judge of Probate of his county, 
 an accurate description of such change, or of the district 
 so created, and it shall be the duty of the Judge of Pro- 
 bate to record the same in the book kept by him under 
 section 5 of this act. The change of the lines or bounda- 
 ries of any public school district or the creation of a new 
 district under this section may also be made by adding 
 to or taking from any district composed of an incorpo- 
 rated city or town such contiguous territory as such 
 board may deem best. 
 
 Section 17. (As amended.) — That any vacancy on the 
 County Board of Education shall be filled by the Super- 
 
IS 
 
 intendent of Education of the State by and with the con- 
 sent and approval of the Governor, for the unexpired 
 term and any vacancy on a Board of District Trustees 
 shall l)e filled for the unexpired term by the County 
 Board of Education. 
 
 Section 18. — This bill shall not be held to affect any 
 school contract or the conduct, manaiiement and control 
 of public schools during- the scho(d vear ending September 
 30, 1904. 
 
 Section 19. {As am ended.) — The provisions of this 
 act shall not apply to any county heretofore districted 
 by authority of a s])ecial law, and which has a special 
 levy from the county f(u- the support of the public schools 
 therein. 
 
 Sectiou 20, {As amended.) — That each incorporated 
 city or town in this State is hereby created a separate 
 school district. In all munici])alities where there is a 
 Board of Education, the board shall have full charoe and 
 control of such separate school districts, and shall have 
 and exercise all the powers and authority conferred by 
 law upon the tovrnship trustees. In municipalities 
 where there is no such Board of Education, the powers 
 and duties of trustees shall devolve upon and be per- 
 formed by the mayor and board of aldermen, or other 
 governing body of said municii)ality, and all funds due 
 such separate school districts shall be paid to the Board 
 of Education of such separate school district, or to the 
 mayor, board of aldermen or other governing body of such 
 municipality, where there is no such Board of Educa- 
 tion, by the County Superintendent of Educatiim as re- 
 quired by law. 
 
 No. 705.) AN ACT. (H. 427. 
 
 To appropriate four thousand dollars to the Plantersville 
 TTigh School, at Plantersville, Dallas county, Ala- 
 bama, and to provide that the ("rovernor of Alabama, 
 be ex-officio President of the Board of Trustees, and 
 that the Superintendent of Education of Alabama, 
 
19 
 
 be ex-officio member of the Board of Trustees, and to 
 provide for the appointment by the Governor of five 
 otlier trustees. 
 
 Section 1. — Be it enacted hy the Legislature of Ala- 
 hama. That the sum of four thousand dollars be and is 
 hereby approiDriated to the Plantersville High School, at 
 Plantersville, Dallas county, Alabama, out of any money 
 in the State Treasury not otherwise appropriated. 
 
 Section 2. — That the Governor of the State of Alabama, 
 be and is hereby made ex-officio President of the Board 
 of Trustees and that the Superintendent of Education oi 
 Alabama is made ex-officio a member of the Board of 
 Trustees. 
 
 Section 3. — That the Governor of the State of Alabama 
 is hereby authorized to appoint five additional trustees, 
 who shall hold their term of office for four years from the 
 date of their appointment and until their successors are 
 appointed and qualified. Which trustees shall be ap- 
 pointed from the counties of Dallas and Chilton and 
 Autauga. 
 
 Approved, August 9th, 1907. 
 
 No. 703.) AN ACT. (H. 916. 
 
 To establish a High School for Dale County, to be located 
 at Ozark, Alabama. 
 
 Section 1. — Be it enacted by the Legislature of Ala- 
 hama : There is hereby established a High School for 
 Dale county, which shall be located at Ozark in said 
 county, and which shall be run free of all tuition charges 
 to evei-y iDupil of the county who may attend the school. 
 
 Section 2. — There is hereby appropriated annually out 
 of the State treasur}^ the sum of five thousand dollars for 
 the support and maintenance of the school, which sum 
 shall be in addition to and a supplement of all other funds 
 set apart in any manner to the school district in which 
 the school shall be located. The funds herein appropri- 
 
20 
 
 ated shall be paid monthly by the State Treasurer upon 
 warrant issued by the State Auditor on the order of the 
 Board of Trustees of the school. 
 
 Section 3. — The Governor, the State Superintendent of 
 Education, the County Superintendent of Education of 
 Dale county, and the mayor of the town of Ozark shall be 
 ex-otficio members of the Board of Trustees of the school 
 and shall, together with three members to be appointed 
 by the Governor, upon the approval of this act, and who 
 shall be qualified electors and citizens of Dale county, 
 constitute the Board of Trustees of the school. The Board 
 of Trustees shall elect a treasurer who shall have charge 
 of the funds of the school and disburse the same upon 
 the order of the Board of Trustees. 
 
 Section 4. — The Board of Trustees shall elect teachers 
 for the school, fix the amount of their salaries, make all 
 contracts pertaining to the business of the school, and 
 shall have full power to control and manage the school 
 and do any and all acts necessary for carrying out the 
 provisions of this act. 
 
 Section 5. — This law shall go into effect when the Gov- 
 ernor shall have certified to the State Auditor that a 
 building suitable for the school, of not less than ten 
 thousand dollars value has been provided for the school 
 and deeded to the State. 
 
 Approved, Aug. 9th, 1907. 
 
 No. 95.) AN ACT. (H. 523. 
 
 To amend section 2 of an act to establish a State Normal 
 School for the education of white female teachers 
 and students at Livingston, in Sumter County. 
 
 Section 1. — Be it enacted hi/ the Legislature of Ala- 
 hanid'. That section 2 of said act be amended so as to read 
 as follows: That the Board of Directors of said College 
 shall consist of six Directors, together with the Governor, 
 State Superintendent of Education and the President of 
 the school ex-otf. The Directors shall be appointed by' 
 
the Governor as hereinafter provided. It shall be the 
 duty of the Governor, upon the passage of this bill, to ap- 
 point six Directors of said Normal College; Provided, 
 that no two of said Directors shall reside in the same 
 county, except in the county of Sumter there may be two 
 of said Directors. Two of said Directors shall be ap- 
 pointed for the term of six years;- two for the term of 
 four years ;two for the term of two years ; and everj^ two 
 years thereafter it shall be the duty of the Governor to 
 apf)oint two Directors whose term of office shall be for 
 a period of six years. The members of said Board of 
 Directors shall receive no compensation for their servi- 
 ces except tlieir actual expenses in going to and return- 
 ing from their meetings, which said expenses, upon the 
 certificate of the secretary of the board, approved by the 
 president, shall be paid out of the fund annualh^ appro- 
 priated and set apart for the support and maintenance of 
 said college. The Board of Directors, as now organized, 
 shall cease to exist upon the appointment and organiza- 
 tion of the new board as herein provided for. 
 
 Section 2. — That any vacancy in the Board of Direc- 
 tors, caused by death, resignation, or otherwise, shall be 
 filled by appointment by the Governor, the appointee 
 holding for the unexpired term of his predecessor. 
 
 Section 3. — That tlie Board of Directors shall meet at 
 such times and places as it shall appoint. 
 
 Section 4. — That the Board of Directors shall choose 
 one of their number as President of their board, who shall 
 not vote on any (piestion, except in the case of a tie; and 
 they shall elect a secretary and treasurer, and they shall 
 take such bond from such treasurer as they shall deem 
 sufficient and adequate to secure the faithful perform- 
 ance of his duties, said bond to be approved by the Su- 
 perintendent of Education of Sumter county and the 
 Probate Judge of said county, and a certified copy there- 
 of filed in the office of the Superintendent of Education. 
 The secretary and treasurer shall be chosen annually and 
 shall hold their offices until their successors are elected 
 and qualified. 
 
 Section 5. — That the Board of Directors shall, under 
 the restrictions and limitations of law, direct the dis- 
 
22 
 
 posal of any and all moneys appropriated to the school, 
 and shall prescribe the dutes of the secretary and treas- 
 urer thereof. 
 
 • Section 6. — That the president of the Board of Direc- 
 tors shall make a full and complete annual report to the 
 State Superintendent of Education of the operation of 
 said school specifying the number of pupils, the number 
 of professors and teachers, the amount of salary of each, 
 the amount of money received and disbursed, and such 
 other information as may be re(]uired by law. 
 
 Section 7. — That all laAvs and parts of laws in conflict 
 with Ihis act be and the same are hereby repealed. 
 
 Approved, this 23 day of Feb. 1907. 
 
 No. 120.) AN ACT. (S. 155. 
 
 To amend, An Act entitled ''An Act to amend section 
 3B02 of the Code of Alabama," approved Sept. 9, 
 J 903. 
 
 Section 1. — Be it enacted hi/ the Legislature of Ala- 
 bama: Tha't an act entitled ''An act to amend section 
 3()02 of the Code of Alabama,'' approved Sept. 9, 1903, 
 he amended so as to read as follows: That section 3002 
 of the Code of Alabama be amended so as to read as fol- 
 loAvs, to-wit : 3602 (1005). Contingent expenses and 
 amount for Normal Schools set apart; residue aiip<^r- 
 tioned. As soon as such certificate is receved by tlie 
 Superintendent of Education, he shall set apart, out of 
 the general fund, a sufficient amount to pay such expeti- 
 sfvs of the de])a)'tment of education as are, by law, payable 
 out of such fund, and also the following amounts for Nor- 
 may Schools, to-wit : For the Normal Schools ;it Florence, 
 Troy, Jacksonville and at Livingston, |15,000.00 each 
 and for other Normal Schools such sums as are provided 
 by laA\', and he shall then apportion all the remainder of 
 siu li fund, as nearly as practicable, among the siweral 
 townships and school districts in the State, as hereinaf- 
 ter provided. 
 
 Approved, Februarv 28, 1907. 
 
No. 264.) AN ACT. (H. 237. 
 
 To establish a Normal School for education of white male 
 and female te.achers at Daphne, in Baldwin Countj, 
 Alabama. 
 
 Section 1. — Be it enacted hij the Legislature of Ala- 
 hama, That there be permanently established in the 
 town of Daphne, Baldwin county, Alabama, a school for 
 tlte education of white male and female teachers, who 
 shall be taught therein, on such conditions and under 
 such restrictions as may be prescribed, and there shall 
 be annually appropriated and set apart, from the first 
 day of October, 1907, the sum of twenty-five hundred dol- 
 lars out of any money in the State treasury not otherwise 
 appropriated, for the support and maintenance of the 
 school. The said appropriation shall be under the con- 
 trol of the Board of Trustees hereinafter provided for, 
 and shall be applied in such manner as the3^ may deem 
 best to carry out tlie purpose of this act; provided, bow- 
 ever, that no portion of said appropriation shall be used 
 for any other purpose than the payment of the salary of 
 the faculty, and for the actual expenses of the said Board 
 of Trustees in going to and returning from their meet- 
 ings. 
 
 Section 2. — That the Board of Trustees of said school 
 shall consist of six trustees, together with the Governor, 
 State Superintendent of Education and the president of 
 the school, ex-officio. The trustees shall be appointed by 
 the Governor as hereinafter provided. It shall be the 
 duty of the Governor, upon the passage of the the bill, 
 to appoint six trustees of said Normal School. Provided_, 
 that no two of said trustees shall reside in the same coun- 
 t:y, except in the county Baldwin there ma}^ be two of 
 said trustees. Two of said trustees shall be appointed 
 for the term of six years ; two for the term of four years ; 
 two for the term of two years ; and every two years years 
 thereafter it shall be the duty of the Governor to appoint 
 two trustees, whose term of office shall be for the term 
 of six years. The members of said Board of Trustees shall 
 
2i 
 
 receive no compensation for their services except tlieir 
 actual expenses in goiny,' to and returning from their 
 meetings, which said expenses, upon the certificate of 
 the secretary of the board, approved by the i)resident, 
 shall be paid out of the fund annuall}- appropriated and 
 set a])art for the support and maintenance of said school. 
 
 Section 3. — That any vacancy in the Board of Trus- 
 tees, caused by death, resignation, or otherwise, shall be 
 filled by appointment by the Governor, the appointee 
 holding for the unexpired term of his predecessor. 
 
 Section 4. — That the Board of Tvnstees shall meet at 
 such times and places as it shall appoint. 
 
 Section 5. — That the Board of trustees shall choose one 
 of their number as president of their board who shall 
 not vote on any question ex<-ept in case of a tie and they 
 shall elect a secretary and treasurer and they shall take 
 such bond from such treasurer as they shall deem suf- 
 ficient and adequate to secure the faithful performance 
 of his duties, in at least double the amount that he may 
 have in hand at one time, bond to be approved by the 
 County Superintendent of Education and the Judge of 
 Probate of Baldwin county, and a certified copy thereof 
 filed in the office of the Superintendent of Education. 
 The secretary and treasurer shall be chosen annually, 
 and shall hold their olfices until their successors are 
 elected and qualified. 
 
 Section 8.— That the Board of Trustees shall, under 
 restrictions and limitations of law, direct the disposal 
 of any and all moneys appropriated to the school and 
 shall prescribe the duties of the secretary and treasurer 
 thei'eof. 
 
 Section 7. — That it shall be the duty of the Board of 
 Trustees to organize such Normal School upon the most 
 approved plan ; to elect a president and a complete and 
 sufficient corps of instructors, who shall constitute the 
 faculty of such Normal School, and the board shall adopt 
 such rules and regulations as may be necessary for the 
 organization and successful operation of such Normal 
 School. 
 
 Section 8. — That it shall be the duty of the faculty to 
 establish a course of instruction with special refer- 
 
ence to educating teachers in the theory and practice of 
 teaching, and to pass all needful rules and regulations 
 necessary for tlie discipline of such Normal School. 
 
 Section 9. — That the president of the Board of Trus- 
 tees shall make a full and complete annual report to 
 the Superintendent of Education, of the operation of the 
 Normal School, specifying the number of professors or 
 teachers, the amount of salary of each, the amount of 
 money received and disbursed, and such other informa- 
 tion as may be required by la^Y. 
 
 Section 10. — That students shall be admitted from any 
 portion of the State, and shall receive instruction free 
 of charge for tuition, upon signing a written obligation 
 to teach at least t^vo years in the public schools of this 
 State, and the obligatiou shall be filed in the office of the 
 Superintendent of Education. Any student may be re- 
 lieved from this obligation by paying such tuition as 
 may be established by the Board of Trustees. 
 
 Section 11. — The applicants for admission to the Nor- 
 mal School shall not be less than fourteen years of age, 
 and shall sustain a satisfactory examination in such 
 studies as may be required by the faculty. 
 
 Section 12. — That the money appropriated and due to 
 the school shall be certified semi-annually by the Super- 
 intendent of Education to the State Auditor, upon appli- 
 cation of the president of the Board of Trustees, and the 
 State Auditor shall thereupon draw his warrant on the 
 State Treasurer in favor of the treasurer of the Normal 
 School for the amount thus certified ;tlie first half of the 
 annual appropriation hereby made, shall be due and pay- 
 able on the first day of October, 1907. 
 
 Section 13. — That in connection vrith the Normal 
 School hereby established, there may be established a 
 public or other school. 
 
 Section 14. — That this appropriation shall be received 
 upon condition that the Court of County Commissioners 
 of Baldwin county shall furnish free of charge a suitable 
 building and grounds for said Normal School, and place 
 said building and grounds under the complete control 
 of the Board of Trustees established in this act, by locat- 
 ing a deed in fee simple and procuring in cash or contract 
 
L'6 
 
 and agreement of solvent parties satisfactory to the Gov- 
 ernor for the donation of said school without reser\^a- 
 tion of ten thousand dollars. 
 Approved, March 4, 1907. 
 
 No. 720.) AN ACT. (H. 863. 
 
 To establisli a Normal School for education of white 
 \m\\e and female teachers at Mouudville, in Hale 
 count}', Alabama. 
 
 Section 1. — Be it enacted hij the LegisJature of Ala- 
 ham a. That there be permanently established at ^lound- 
 ville. Hale county, Alabama, a school for the education 
 of white male and fenmle teachers, who shall be taught 
 therein, on such conditions and under such restrictions 
 as may be prescribed, and there shall be annually appro- 
 priated and set apart, from the fir st dav of O ctober. 1907, 
 the sum of twenty-five hundred "( z,oUO.UU ) dollars out 
 of any money in the State treasury not otherwise appro- 
 priated, for the support and maintenance of the school. 
 Tlie said appropriation shall be under the control of the 
 Board of Trustees hereinbefore provided for, and shall 
 be applied in such manner as they may deem best to carry 
 out the purpose of this act ; provided, liowever, that no 
 portion of said appropriation !>'liall be used for any other 
 purpose than the payment of the salary of the faculty, 
 and for the actual expenses of the said Board of Trus- 
 tees in going to and returning from their meeting. 
 
 Section 2. — That the Board of Trustees of said school 
 shall consist of six trustees, together with the/TOvernor, 
 State Superintendent of Education and the president of 
 the school, ex-officio. The trustees shall be appointed 
 by the Governor as hereinafter provided. It shall be the 
 duty of the Governor, upon the passage of the bill, to ap- 
 point six trustees of said Normal School ; provided, that 
 no two of said trustees shall reside in the same county, 
 except in the county of Hale there may be two of said 
 trustees. Two of said trustees shall be appointed for the 
 
term of six years ; two for the term of four years ; two for 
 the term of two years; and every two years thereafter 
 it shall be the duty of the Governor to appoint two trus- 
 tees, whose term of office shall be for the term of six 
 years. The members of said Board of Trustees shall re- 
 ceive no compensation for their services except their 
 actual expenses in going and returning from their meet- 
 ings, which said expenses upon the certificate of the sec- 
 retary of the board, approved by the president, shall be 
 paid out of the fund annually appropriated and set apart 
 for the support and maintenance of said school. 
 
 Section 3. — That any vacancy in the Board of Trustees, 
 caused by death, resignation, or otherwise, shall be filled 
 by appointment by the Governor, the appointee holding 
 for the unexpired term of his predecessor. 
 
 Section 4. — That the Board of Trustees shall choose 
 one of their number as president of their board, who shall 
 not vote on any question except in case of a tie ; and they 
 shall elect a secretary and treasurer, and they shall take 
 such bond from such treasurer as they shall deem suffic- 
 ient and adequate to secure the faithful performance of 
 his duties, in at least double the amount that he may have 
 in hand at any one time, bond to be approved by the 
 County Superintendent of Education and the Judge of 
 Probate of Hale county, and a certified copy thereof filed 
 in the office of the Superintendent of Education. The 
 secretary and treasurer shall be chosen annually, and 
 shall hold their offices until their successors are elected 
 and qualified. 
 
 Section 6. — That the Board of Trustees shall, under 
 the restrictions and limitations of law, direct the dispo- 
 sal of any and all monies appropriated to the school and 
 shall prescribe the duties of the secretary and treasurer 
 thereof. 
 
 Section 7. — That it shall be the duty of the Board of 
 Trustees to organize such Noi;mal School upon the most 
 approved plan ; to elect a president and a complete and 
 sufficient corps of instructors, who shall constitute the 
 facult^^ of such Normal School, and the board shall adopt 
 such rules and regulations as may be necessary for the 
 organization and successful operation of such Normal 
 School. 
 
Roction 8. — That it shall he the duty of the facnltv to 
 establish a course of instruction with special reference 
 to educating teachers in the theory and practice of teach- 
 ing, and to pass all needful rules and regulations neces- 
 sary for the discipline of such Normal School. 
 
 Section 9. — That the president of the Board of Trus- 
 tees shall make a full and complete annual report to the 
 Superintendent of Education of the operation of the 
 Normal School, specifying the number of professors or 
 teachers, the amount of salary of each, the amount of 
 money received and disbursed and such other information 
 as may be required by h\w. 
 
 Section lO.^That students shall be admitted from any 
 portion of the State, and shall receive instruction free 
 of charge for tuition, upon signing a written obligation 
 to teacii at least two years in the public schools of this 
 State ,and the obligation shall be filed in the office of the 
 Superintendent of Education. Any student may be re- 
 lieved from this obligation l)y paying such tuition as may 
 be established by the Board of Trustees. 
 
 Section 11. — That applicants for admission to the Nor- 
 mal School shall stand a satisfactory examination in 
 such studies as may be re(|uired by the faculty. 
 
 Section 12. — That the money appropriated and due to 
 the school shall be certified semi-annually by the Super- 
 intendent of Education to the State Auditor, upon ap- 
 plication of the president of the Board of Trustees, and 
 the State Auditor shall thereup(>n di'aw his warrant on 
 the State Treasurer in favor of the treasurer of the Nor- 
 mal School for the amount thus certified ; the first half 
 of the annual appropriation hereby made, shall be due 
 and payable on the first day of October, 1907. 
 
 Section 13. — That in connection with the Normal 
 School hereby established, there may be established a 
 pnblic or other school. 
 
 Section 14. — That this appropriation shall be received 
 upon condition that there shall be furnished free of 
 charge a suitable building and grounds for said Normal 
 School, and place said building and grounds under the 
 complete control of the Board of Trustees established 
 in this act. 
 
 Approved, August 13, 1907. 
 
29 
 
 No. 140.) AN ACT. (H. 225. 
 
 To amend sections one and two of an act aj)proved Jan- 
 uary 30, 1897, to regulate the appropriation and 
 management of tlie several Agricultural and Exper- 
 imental Stations in the State of Alabama. 
 
 1. Be it enacted by the Legislature of Alabama, That 
 sections 1 and 2 of an act approved January 30, 1907, en- 
 titled an act to regulate the appropriation and manage- 
 ment of the several Agricultural Schools and Experi- 
 mental Stations in the State of Alabama, be and the same 
 are hereby amended so as to read as follows : That for 
 the support of the nine branch Agricultural Schools and 
 Experimental Stations located in the first, second, third, 
 fourth, fifth, sixth, seventh, eighth, and ninth Con- 
 gressional Districts respectively in the State of Alabama, 
 there shall be appropriated annually out of any money 
 in the treasury not otherwise appropriated the sum of 
 four thousand five hundred dollars to each of said schools, 
 one-fourth of said sum to be paid quarterly, to-wit : Jan- 
 uary 1st, April 1st, July 1st and October 1st of each year 
 to the treasurer of the Board of Control of such schools. 
 ■ 2. That not less than seven hundred and fifty dollars 
 of the sum so appropriated to each of said schools shall 
 be used in maintaining, cultivating and improving the 
 farms respectively and making agricultural experiments 
 thereon under and by direction of the respective Board 
 of Control. 
 
 Approved, March 2, 1907. 
 
 No. 133. ) AN ACT. ( H. 205. 
 
 To appropriate the sum of ten thousand dollars for the 
 completion of the school building of the Fifth Con- 
 gressional District Agricultural School located at 
 Wetumpka, the main school building being destroyed 
 by fire January 5th, 1906 1 Be it enacted by the Lea'- 
 islature of Alabama : 
 
Section 1. — That the sum of ten thousand (lolhirs is 
 lierehy a})i)i'oi)riated for the completion of the school 
 bnil(lin.i>' of tlie Fifth Coniii-essional District Agricul- 
 tur-iil School IcH^ated at AVetumpka, th.e main school 
 building- being destroyed by tire on January 5th, 190<). 
 
 Section 2. — That the State Auditor is hereby author- 
 ized and directed to draAv his warrant on the State Treas- 
 ure]' in favor of the treasurer of the Board of Control of 
 tlu' Fifth Congressional District Agricultural School, 
 for the sum of ten thousand dollars, and the State Treas- 
 urer is hereby authorized and directed to pay the amount 
 of said Avarrant out of the funds in the State treasury not 
 otherwise appropriated. 
 
 Section 3. — That the said sum of ten thousand dollars 
 shall be expended by the Board of Control of said Fifth 
 Congressional District Agricultural School in the com- 
 jdetion of the sdiool building of the said Fifth Congres- 
 sional Disti-ict Agricultural School at Wetumpka. 
 
 Approved, March 2, 1907. 
 
 No. 152.) AN ACT. (S. S3. 
 
 To a])pr(ii)r!ate the sum of six thousand dollars for the 
 coni])letioH and im])]'ovement of the school buildings 
 of the 8th Congressional District Agricultural 
 School located at Athens. The main school build- 
 ing having been destroyed by a stoi'm in November, 
 
 Section 1. — Be if enacfrd hi/ flic Lcf/}>ilafiire of Ala- 
 hama. That the sum of six thousand dollars be and th.e 
 same is luM-eby appropriated for the completion and im- 
 provenuMit of the school buildings of the Sth Congression- 
 al District Agricultural School located at Athens. The 
 main school building having been, destroyed by a storm 
 m Novendier, lOOf). 
 
 Secticui 2. — That the State Auditor is hereby author- 
 ized and directed to draw his warrant on the State Treas- 
 urer, in favor of the treasuriM' <^f the Board of Control 
 
'61 
 
 of the 8tli Congressioual District Agricultural School for 
 the sum of six thousand dollars and the State Treasurer 
 is authorized and directed to pay the amount of said 
 warrant out of any funds in the State treasury not other- 
 wise appiopriated. 
 
 Section 3. — That the sum of six thousand dollars shall 
 be expended by the Board of Control of the 8th Congres- 
 sional District Agricultural School in the completion and 
 improvement of the school buildings of the said 8th Con- 
 gressional Agricultural School at Athens. 
 
 Approved, February 28, 1907. 
 
 ^N'o. 778.) AN ACT. (H. 949. 
 
 To create a Text-Book Commission, and to procure ^^or 
 use in the public schools of this State a uniform 
 series of text-books, to define the duties and powers 
 of said commission, to make an appropriation for 
 the carrying into effect this act, and to j^rovide pun- 
 ishment and penalties for the violation of the same. 
 
 Section 1. — Be it enacted hij the Lec/islature of Ala- 
 bama, That on or before March 1, 1908, the Governor 
 shall select and appoint nine educators of known char- 
 acter and ability, men well acquainted with arranging 
 courses of study and engaged in public school work, one 
 from, each Congressional District, who, together with 
 himself, and the State Superintendent of Education, 
 shall constitute the Text-Book Commission of Alabama. 
 It shall be the duty of said commission to select ancl 
 adopt a uniform series of text-books for use jn the pub- 
 lic schools of the State for a period of five years, and it 
 shall be unlawful for any school official, director, or 
 teacher, to use any books upon the same branches other 
 than those adopted by said State Text-Book Commission. 
 Said uniform series shall include the following branches 
 of study, to-wit : Orthography, Reading, Writing, Arith- 
 metic, Geography, Grammar, Language Lessons, Historv 
 of Alabama, containing the Constitution of the State, 
 
History of the United States, Elemeutary PliYsioloi'v 
 and Hygiene, Elementary Principles of Agricnltnre, and 
 such other branches of study as properly belong in a com- 
 mon school course, provided that none of said text-books 
 shall contain anything of a partisan or sectarian char- 
 acter. Before transacting any business pertaining to the 
 duties of this commission, they shall each take an oath, 
 before some person authorized to administer oaths, to 
 faithfully discharge all the duties imposed upon them as 
 members of said Text-Book Commission and that tlie> 
 have no interest directly or indirectly, in any contract 
 that may be made under this act, and receive no personal 
 benefit therefrom. Pr-ovided, further, that said Text- 
 Book Commission shall have the power by three- fourths 
 vote to drop an unsatisfactory book at the end of any 
 school year during the continuance of this contract, and 
 to make another adoption. 
 
 Section 2. — That said Text-Book Commission shall 
 consider the merits of each book, taking into considei'a- 
 tion their subject matter, the printing, binding, material 
 and meclianical qualities and their general suitability 
 and desirability for the pur])ose intended, as well as the 
 price ((f said l)Ooks, provided that, no text-book, the sub- 
 ject matter of which is of inferior quality shall be adopt- 
 ed by the Text-Book Commission. Said commission sha^ll 
 select and adopt such books as will, in their l)est jurlg. 
 ment, accom])]ish the ends desired, and they are bereby 
 authorized and directed in case any book or books are 
 deemed by them suitable for adoption, and more desir- 
 able than other books of the same class submitted, and 
 they furthei' consider the price at which the books are 
 offered to be unreasonably high, and that they should 
 be offered at a smaller ])rice, to immediately notify the 
 publisher or author of such book or books, of their decis- 
 sion and i'e(|uest such r(Mluction in price as they deem 
 reasoiialde and just, and if they and such publishers 
 shall agree on a price they may adopt his book or books, 
 but if not, they shall use their own sound judgment and 
 discretion Avhether they will adopt that or the books 
 wlii<]i arc decmei] by tiM'm next best in the list ])ubl'Kli"i'!. 
 
88 
 
 Section 8. — That said Text-Book Commission shall ira- 
 mediatel}^ after their appointment meet and organize, 
 the Governor being president of the commission and tJie 
 Superintendent of Education secretary of said commis- 
 sion. As soon as practicable, not later than thirty days 
 after its organization the commission shall advertise in 
 such manner and for such length of time and at such 
 places as may be deemed advisable, that at a time and 
 place fixed definiteh^ in said advertisement, sealed bids 
 or proposals will be received from the publishers of school 
 text-books for furnishing books to the public schools in 
 the State of Alabama, through such agencies in the sev- 
 eral counties, and places in the several counties in the 
 State, as may be provided for in such regulations as 
 said commission may adopt and prescribe. The bids or 
 proposals to be for furnishing the books for a period of 
 five years and no longer, and that no bid for a longer 
 period will be considered. Said bids shall state specif- 
 ically and definitely the price at which the books will be 
 furnished, and shall be accompanied by one or more 
 specimen copies of each and every book proposed to be 
 furnished, and it shall be required of each bidder to de- 
 posit with the treasurer of the State a sum of money such 
 as the commission may require, not less than five hundred 
 dollars nor more than twenty-five hundred dollars, ac- 
 cording to the number of books each bidder ma}^ propose 
 to supply, and notice shall further be given in such ad- 
 vertisement that such deposit shall be forfeited abso- 
 lutely to the State if the bidder making the deposit shall 
 fail or refuse to make and execute such contract and bond 
 as is hereinafter required, within such time as the com- 
 mission may require which time shall also be stated in 
 said advertisement. All bids shall be sealed and deposit- 
 ed Avith the Secretary of State, to be by him delivered to 
 the commissiuu Avlieu they are in executive session, for 
 the purpose of considering the same when they shall be 
 opened in the presence of the commission. 
 
 Section 4. — That it shall be the duty of the said Text- 
 Book Commission to meet at the time and place desig- 
 nated in such notice or advertisement, and take out rhe 
 
34 
 
 sample or specimen copies submitted upon which the nids 
 are based. When tlie members have examined all books 
 submitted until thoroughly satisfied, it shall be the duty 
 of said Text-Book Commission to meet in executive ses- 
 sion to open and examine all sealed proposals submitted 
 and received in pursuance of the notice or advertise- 
 ment, provided for in Sec. three of this act. It shall then 
 be the duty of said commission to examine and consider 
 carefully such bids or proposals and determine in the 
 manner provided in section one of this act, what book or 
 books shall be selected for adopti<m taking into consid- 
 eration the size, quality as to subject matter, material, 
 binding and the mechanical execution and price, and the 
 general suitability for the purpose desired and intended; 
 provided, however, that all books selected and adopted 
 shall be written or printed in English. After their selec- 
 tion for adoption shall have been made, the commission 
 shall by registered letter notify the publishers or pro- 
 posers to whom the contracts have ])een awarded, and 
 it shall be the duty of the Attorney General of the State 
 to prepare said contract or contracts in accordance with 
 the terms and provisions of this act, and the said contract 
 shall be executed by the Governor and Secretary of 
 State with the seal of the State attached upon the part 
 of the State of Alabama, and the said contract shall be 
 executed in triplicate, one copy to be kept by the con- 
 tractor, one copy by the Secretary of the Text-Book Oom- 
 missicm ,and copies in full in the minute book of P^id 
 commission, and one copy to be filed in the office of the 
 Secretary of State. At the time of the execution of the 
 contract aforesaid ,tlie contractors shall enter into a 
 bond in the sum of not less than $10,000.00 nor more than 
 130,000.00, payable to the State of Alabama, the amount 
 of said bond within said limits to be fixed by said <\)ra- 
 mission conditioned for the faithful, honest and exact 
 performance of the contract, and shall further provide 
 for the payment of reasonable attorney's fees in case of 
 recovery in any suit upon the same, Avith three or more 
 good solvent sureties, actiml citizens and residents of the 
 State of Alabama, or any Guaranty Company authori.^ed 
 to do business in the State of Alabama may become the 
 
85 
 
 surety on said bond and it shall be the duty of the Attor- 
 ney General to j}repare said bond and approve the same; 
 provided however that said bond shall not be exhausted 
 by a single recover}^, but may be sued on from time to 
 time until the full amount shall be recovered, and the 
 said commission may at any time by giving thirty days 
 notice, require additional security, or additional bond, 
 within the limit prescribed. And when any person, fivm. 
 or corporation, shall have been awarded a contract and 
 submitted thercAvith the bond as required hereunder, the 
 commission through its secretary, shall so inform the 
 Treasurer of the State, and it shall be the duty of the 
 Treasurer to return to such contractor the cash deposit 
 made by him, and the said commission, through its secre- 
 tary shall inform the Treasurer of the names of the un- 
 successful bidders or proposers, and the Treasurer shall 
 upon receipt of this notice return to them the amount 
 deposited in cash by them at the time of the submission of 
 their bid, but should any person, firm, company or cor- 
 poration fail or refuse to execute the contract and sub- 
 mit therewith his bond as required by this act, within 
 thirty days of the awarding of the contract to him, and 
 the mailing of the registered letter containing the notice, 
 (Provided the mailing of the registered letter shall be 
 sufficient evidence that the notice was given and re- 
 ceived), the cash deposit will be deemed and is hereby 
 declared forfeited to the State of Alabama, and it shall 
 be the duty of the Treasurer to place such cash deposit in 
 the treasury of the State to the credit of the general 
 school fund, and provided further, that any recovery had 
 on any. bond given b}^ unj contractor shall inure to the 
 benefit of the said fund of the State and when collected, 
 shall be placed in the treasury to the credit of the said 
 fund and be prorated among the several counties of the 
 State. 
 
 Section 5.— That the books furnished under any con- 
 tract shall at all times during the existence of the con- 
 tract be equal to, in all respects, the specimens or sample 
 copies furnished with bids, and it shall be the duty of 
 the Secretary of State to carefully preserve in his of- 
 fice as the standard of quality and excellence to be main- 
 
3U 
 
 tallied ill .siicli books diiriuii,' the eontiiiiiaiice of such con- 
 tracts the specimens or sample copies of all books wh:'ch 
 have been the basis of any contract, together with the 
 original bid or proposal and the contractor shall also 
 furnish each County Superintendent of Education like 
 specimen or sample copies which shall be preserved by 
 him in like manner, and the same shall always be open 
 to the inspection of the public. It shall be the duty of 
 all contractors to print plainly on the back of each book 
 the contract price, as well as the exchange price at which 
 it is agreed to be furnished, but the books submitted as 
 specimen or sample copies with the original bids shall 
 not have the price printed on them before they are sub- 
 mitted to the commission. And the said Text-Book Com- 
 mission shall not in any case contract with any person 
 or publisher for the use of any books which are to be sold 
 to patrons or used in any public school in this State, at 
 a price above or in excess of the price at which such bo^k 
 or books are furnished by said person or publisher under 
 contract to any State, county or school district in the 
 United States, under like conditions prevailing in this 
 State and under this act. And it shall be stipulated in 
 each contract that the contractor has never furnished 
 and is not now furnishing under contract any State, 
 county or school district in the United States, where like 
 conditions prevail as are prevailing in this State under 
 this act, the same book or books, as are embraced in said 
 contract at a price bebiw or less than the price stipulated 
 in the said contract, and the said commission is hereby 
 authorized and directed, at any time they may find that 
 any book has been furnished at a lower price under con- 
 tract to any State, county or school district aforesaid, 
 to sue upon the bond of said contract and recover the 
 difference between the contract price and the lower price 
 at which they find the book or books have been sold, and 
 in case a contractor shall fail to execute specifically the 
 terms and provisions of his contract, said commission 
 is hereby authorized, empowered and directed to 
 bring suit upon the bond of such contractor for 
 the recovery of all damages, the suit to be in 
 the name of the State of Alabama, and the re- 
 
37 
 
 covery for the benefit of the public school fuiicl, 
 but nothing in this act shall be construed so 
 as to prevent said commission and an^^ contractor 
 agreeing thereto, from in any manner changing or alt'^r- 
 ing any contract, provided that a majority of the commis- 
 sion shall agree to the change and think it advi^sable and 
 for the best interest of the public schools of the State. 
 In all matters unless otherwise provided, a majorit}^ of 
 said commission, shall control. 
 
 Section 6. — That it shall always be a part of the terms 
 and conditions of every contract made in pursuance of 
 this act, that the State of Alabama shall not be liable to 
 any contractor in any manner, in any sum whatsoc^^er, 
 but all contractors shall receive their pa}' or considera- 
 tion in compensation solel^^ and exclusively derived from 
 the proceeds of the sale of books, as provided for i)i tliis 
 act. Provided further that the commission shall stipu- 
 late in the contract for the supplying of any book as 
 herein provided that the contractor or contractors shall 
 take up the school books now in use in this State, and re- 
 ceive the same in exchange for new books at a price not 
 less than fifty per cent, of the contract price. Provided, 
 that such exchange period shall not continue longer thnn 
 one year from the date of contract. And each person or 
 publisher making a bid for the supplying of any book or 
 books under this act shall state in such bid or proposal 
 the exchange price at which such book or books will be 
 furnished. 
 
 Section 7. — That the Text-Book Commission shall 
 have and reserve the right to reject any and all bids or 
 proposals if they shall be of the opinion that any or all 
 should for any reason be rejected. And in case they fail 
 from among the bids or proposals to select or adopt any 
 book or books upon any of the branches mentioned in 
 previous section of this act, they may re-advertise for 
 sealed bids or proposals under the same terms or condi- 
 tions as before, and proceed in their investigations in all 
 respects as they did in the first instance and as required 
 by the terms of this act, or they may advertise for sealed 
 bids or proposals from authors or publishers of text- 
 books who have manuscript books not yet published, for 
 
38 
 
 l^rices atwliieh thev will publish and furnish in book- form 
 such manuscripts or for prices at Avhicli the^^ will sell 
 such manuscripts, together with the copywright with 
 such books for use in the public schools of Alabama, pro- 
 ceeding in all respects in like manner as before, and pro- 
 vided that before accepting or rejecting anj manusci'i]>t 
 it shall be their duty to take the manuscript and to ad- 
 vertise for sealed bids or proposals for publishing the 
 same in book form, in like manner as herein provided 
 for, and under the same restriction and condition and the 
 contract may be let for the publication of all such books 
 or for any one or more separately ; and provided further 
 that the State itself shall not under any circumstances 
 enter into any contract binding it to pay for the publica- 
 tion of any book or books, but in the contract with the 
 owner of the manuscript it shall be provided that he shall 
 pay the compensation to the publisher for the publica- 
 tion and putting in book form the manuscript togethei' 
 with the cost and expense of copyrighting the same; 
 and provided, further, that in all cases, bids or proposals 
 shall be accompanied with the cash deposit of from live 
 hundred to twenty-five hundred dollars as the commis- 
 sion may direct, and as previously provided in this act. 
 And it is furthei' expressly provided that any person, 
 firm or C(!rporation now doing business, or proposing to 
 do business in the State of Alabama shall have the right 
 to bid for the contract to be awarded under this act in 
 the manner as follows : In response to the advertisement 
 when made as hereinbefore provided, said person, firm 
 or corporation may submit in writing bid or bids to edit 
 rr have edited, publish and supply for use in the public 
 schools in this State, any book or books herein provided 
 for, provided that instead of filing with said bid or pro- 
 posal a sample or specimen copy of each book proposed 
 to be furnished, he may exhibit to the commission a man- 
 uscript or printed form the matter proposed to be incor- 
 porated in the book, together with such a description 
 and illustration of the form and style thereof, as would 
 be fully intelligible and satisfactory to said commission, 
 01' they may submit a book or books, the equal of which 
 in every way they propose to furnish, and they shall ac- 
 
89 
 
 company their bid or proposal witli the cash deposit and 
 execute contract and bond as hereinbefore provided. 
 
 Section 8. — That as soon as said commission shall have 
 entered into a contract or contracts for the furnishing or 
 supplying of books for use in the public schools in this 
 State, it shall be the duty of the Governor to issue his 
 ])roclamation announcing such facts to the people of the 
 State. 
 
 Section 9. — That the party or parties, with whom the 
 contract shall be made shall place their books on sale at 
 not less than three places in each county of the State for 
 the distribution of the books to the patrons and the con- 
 tractor shall be permitted to make arrangements A^ith 
 a merchant or other person for the handling and dist] i- 
 bution of the books. All books shall be sold to the con- 
 sumer at the retail contract price and in each book shall 
 be j)rinted the following: (The price fixed herein, is 
 fixed tiy State Contract and any deviation therefrom 
 shall be reported to your County Superintendent of Ed- 
 ucation or the State Superintendent at Montgomery). 
 And it is expressly provided that should any party con- 
 tracting to furnish books as provided for in this act, fail 
 to furnish them, or otherwise breach his contract, in ad- 
 dition to the right of the State to sue on the bond here- 
 inabove required, the County Superintendent of any 
 county may sue in the name of the State of Alabama in 
 any court of competent jurisdiction in the county in 
 which he resides for the use and benefit of the school fund 
 of the county, provided, that the right of action of tlie 
 County Superintendent shall be limited to breaches of 
 the contract committed in the county of his residence. 
 and provided further, that in all cases under this act ser- 
 vice of process may be had and deemed sufficient on any 
 agent of the contractor in this State. 
 
 Section 10. — That said commission shall from time to 
 time make any necessary regulations to secure the prompt 
 distribution of the books herein provided for, and the 
 prompt and faithful execution of all contracts and it is 
 expressly now provided that said commission shall main- 
 tain its organization for five years, and at the end of 
 said period of five years, the Governor shall name a sim- 
 
40 
 
 ilar ('ommission with like powers and a like term as the 
 first named commission. 
 
 Section 11. — That as soon as practicable after the adop- 
 tion provided for in this act, the State Superintendent of 
 Education shall issue a circular letter to each County 
 Superintendent of Education and each teacher in the 
 State, and to others as he may desire to send it, which 
 letter shall contain the list of books adopted, the prices, 
 location of agencies, the manner of distribution, and such 
 other information as he may deem necessary. 
 
 Section 12. — That as soon as the existing contract for 
 books expires the books adopted as a uniform system of 
 text books for the next five years shall be introduced and 
 used as text books to the exclusion of all others in all 
 the public free schools in this State, provided that noth- 
 ing herein shall be construed to prevent the use of sup- 
 plementary books, but such books shall not be used to 
 the exclusion of the books prescribed or adopted un<ler 
 the provisions of this act, provided that nothing in this 
 act shall prevent the teaching in any school any branch 
 higher or more advanced than is embraced in any previ- 
 ous section of this act, nor theusing of any book upon such 
 higher branches of study, provided that such higher 
 branches shall not be taught to the exclusion of the 
 branches mentioned and set out in this act. 
 
 Section 13. — That nothing herein shall be construed 
 to prevent or prohibit the patrons of the public schools 
 throughout the State from procuring books in the usual 
 way in case no contract shall be made, or the contractor 
 fails or refuses to furnish the books provided for in this 
 act, at the time required for their use in the respective 
 schools. 
 
 Section 14. — That any person or teacher violating the 
 provision of this act, shall become guilty of a misde- 
 meanor and upon conviction be punished l)y a fine of not 
 less tlian ten dollars nor more than fifty dollars. 
 
 Section 15. — That any teacher who shall use, or ])ei]nit 
 to be used in his, or her school any text book tipon the 
 branches embraced in this act, where the commission 
 has ad()i)ted a book upon that branch, other than the one 
 adopted, except stipplementary books, shall be guilty of a 
 
41 
 
 misdmeanor and upon conviction shall be punished as 
 provided for in section fourteen of this act. 
 
 Section 16. — That if any local agent, dealer, clerk, or 
 other person handling or selling the books adopted under 
 this act, shall demand or receive for a copy of any of the 
 books herein j)rovided for more than the contract price 
 in cases where the purchase is for cash he shall be guilty 
 of a misdemeanor, and upon conviction shall for each of- 
 fense be punished by a fine of not less than fifty nor more 
 than five hundred dollars. 
 
 Section 17. — That the sum of three thousand dollars, 
 or so much thereof as may be necessar^^, to be paid out of 
 the moneys in the treasury not otherwise expended, be 
 and is hereby appropriated for the purpose of paying the 
 cost and expense of carrying into effect the provisions of 
 this act. 
 
 Section 18. — That the Governor and Superintenden i; of 
 Education shall serve on the commission without com- 
 pensation and the other members of the commission shall 
 be paid the sum of four dollars per day during the time 
 they are actually engaged, and in addition shall receive 
 ten cents per mile for each mile traveled from their 
 homes to their place of meeting and return thereto, t(> be 
 paid out of the funds appropriated by section seventeiMi 
 of this act and they shall each make and swear to a state- 
 ment of tlie number of miles traveled and the numlier of 
 days actually engaged. 
 
 Section 19. — That the said commission is authorized to 
 appoint a clerk who shall have three dollars per diem 
 during the time he is actually engaged and the same mile- 
 age as is allowed the members of the commission. 
 
 Section 20. — That the adoption made as provided for 
 in this act shall continue for five years from the expira- 
 tion of the existing contract, unless changed earlier as 
 provided for in section fourteen of this act. 
 
 Section 21.— That in case of the failure of any con- 
 tractor to furnish the books as provided in this contract, 
 then his bond shall be declared forfeited, and the State 
 School Book Commission is authorized and empowei'ed 
 to make such other contract for the unexpired term with 
 any person to provide such books as they may deem ad- 
 visable for the best interests of the State. 
 
42 
 
 Section 22. — That all laws and parts of laws in con- 
 flict with this act, be and the same are hereby repealed. 
 ApproA'ed, August 15, 1907. 
 
 SECTIONS OF MUNICIPAL CODE LAAV PERTAIN- 
 ING TO PUBLIC SCHOOLS IN CITIES 
 AND TOWNS. 
 
 Section 1G8. — Cities and tow^ns shall have power to es- 
 tablish, maintain and regulate public schools, in which 
 children from seven to twenty-one years of age, bona tide 
 residents of and living within the corporate limits of such 
 city or town, shall be entitled to admission ; and non-r'^s- 
 idents shall be admitted on such terms as the board of 
 education may prescribe, and separate schools shall be 
 provided for children of African descent. 
 
 Section 169. — In cities having a population of six 
 thousand or more, the management and control of the 
 public scliools therein shall be vested in a board of edu- 
 cation, which shall l)e composed of five members, who 
 shall serve without compensation, and shall be qualified 
 electors and residents of the respective cities and wlio 
 shall not be members of the city council. At the first 
 regular meeting of the council in April, or as soon there- 
 after as may be practicable, at any regular meeting, the 
 council shall elect the members of the Board of Educa- 
 tion, whose terms of office respectively shall be one, two, 
 three, four and five years. Annually thereafter at the 
 first regular meeting in April, or as soon thereafter as 
 may be practicable, at a regular meeting, the council 
 shall elect a member, whose term of office shall be ii\e 
 years, to succeed the member of the Board of Education 
 wliose term expires that year. In the event of a vacancy 
 in the membership of the board, by resignation or other- 
 wise, the fact shall be reported to the city council by the 
 board, and the council shall elect a person to fill such 
 vacancy for the unexpired term. 
 
 Section 170. — At its first regular meeting in May, af- 
 ter the election of said board, or as soon thereafter as 
 
43 
 
 practicable, and annually thereafter, the board shall 
 elect from its membership a president and vice-president. 
 It shall also elect a clerk, Avho need not be a member of 
 the board, and may fix his compensation. The vice-pres- 
 ident shall perform the duties of the president only \vhen 
 the president may be absent from the city or unable to 
 perform his duties. The board may fill any vacancy oc- 
 curring, from any cause, in any of the offices mentioned 
 in this section. 
 
 Section 171. — All property, real and personal, and 
 mixed, now held or hereafter acquired for school pur- 
 poses, shall be held in trust for the use of the public 
 schools of the city or town, and no sale or purchase of 
 real estate shall be made by any officer other than the 
 city council, of such city or town. The Board of Edu- 
 cation shall have full and exclusive power, within the 
 limits of the revenue appropriated for such purposes or 
 accruing to the use of the public schools to purchase fix- 
 tures, furniture, apparatus, libraries, fuel and supplies 
 for the use of the schools, and to sell the same, and to 
 make expenditures for the maintenance and repair of 
 the school ground , buildings and other property, to es- 
 tablish and build new schools, when sites have been pro- 
 vided by the city council, and to superintend the erection 
 thereof, to make additions, alterations, and repairs to 
 the buildings and other property devoted to school uses, 
 and to make necessary and proper regulations, contrat ts 
 and agreements in relation to such matters. All such 
 contracts shall inure to the benefit of the public schools, 
 and any suit at law or in equity, brought upon them, and 
 for the recovery and protection of money and property 
 belonging to and used by the public schools, or for dam- 
 ages, shall be brought by and in the name of the city. 
 
 Section 172. — Each year the Board of Education shall 
 make an estimate in detail of the amount of money re- 
 quired for the proper support and maintenance of the 
 public schools during the next ensuing scholastic year, 
 which shall be submitted to the city council, and it shall 
 be the duty of the city council to make annual appropria- 
 tions for the support and maintenance of the schools that 
 it may deem rfecessary and proper in view of all other 
 
44 
 
 needs of the government of the city and of the expected 
 revenues from taxes and otherwise. Money so aj^pro- 
 I>riated and all money received from the school fund of 
 the State, poll taxes, the sale of school property, the sale 
 of bonds for school purjjoses and from any other source 
 whatever for school purposes shall be held by the treas- 
 urer of the city as a special fund or funds for school pur- 
 poses, and it shall be paid out by him on warrants drawn 
 by the clerk of the board and countersigned by the pres- 
 ident, or vice-president when acting as president of the 
 Board of Education, and by the clerk of the city, and not 
 otherwise, and no warrant shall be drawn unless in pur- 
 suance of a resolution of the Board of Education ent<:M-ed 
 upon its minutes. 
 
 Section 173. — The Board of Education shall have full 
 control of the public schools of the city or town. It shall 
 have power to establish schools, to discontinue any school, 
 to consolidate schools, to prescribe courses of study and 
 books to be used, not in conflict with the general law in 
 reference to text books, to divide the city into school div- 
 isions as circumstances may require, to employ teachers 
 and a Superintendent of Schools and necessary employes 
 and to fix their salaries and wages, to establish and main- 
 tain high schools and prescribe rules for the expulsion 
 of pupils, to expel any pupil guilty of gross disol)edi*'nce 
 or Avillful misconduct, to dismiss any Superintendent, 
 teacher or employe, when, in its opinion, the interests of 
 the school require it, and generally to have and exeicise 
 all rights, powers and authority required for the manage- 
 ment of a system of public schools. It shall be the duty 
 of the Board of Education to examine, or cause to be ex- 
 amined, all persons, at times and places fixed by it, offer- 
 ing as candidates for teacher's places, and when found 
 qualified to give them certificates of qualification gra- 
 tuitously, to grant diplomas, without charge to graduntes 
 of the high schools, to visit all schools as often as once a 
 month, to establish and uniformly enforce proper rules 
 and regulations, to inquire into the performance of their 
 duties by the teachers and Superintendent, and into the 
 progress of the pupils, and to i)i'epare and submit to the 
 city council an annual report showing the operation of 
 
45 
 
 the schools for the past scholastic year, and suggesting 
 their needs for the future. 
 
 Section 174. — It shall be the duty of the Board of Ed- 
 ucation to elect a Superintendent of Schools, fix his term 
 of office and salary, and prescribe his powers and duties. 
 The Superintendent shall be required to give bond for 
 the faithful performance of his duties, which shall be 
 payable to said city, in a sum to be fixed by the board, 
 not less than three thousand dollars, with surety or sure- 
 ties to be approved by the president of the board, the bond 
 to be filed with the clerk of the city or town. The Super- 
 intendent may be elected clerk of the Board of Educa- 
 tion, and if so elected his bond shall stand as security for 
 the faithful performance of his duties as clerk of the 
 Board of Education, as well as Superintendent, however 
 conditioned. It shall be the duty of the clerk of the Board 
 of Education to keep full and correct detail account of all 
 money received and expended. The Superintendent shall 
 attend to the taking of the school census, which shall be 
 taken in the months of April of each odd year, and it 
 shall be his duty to make complete and accurate reports 
 of the same to the Superintendent of Education of the 
 State. 
 
 Section 175. — Towns having a population of more than 
 one thousand and cities having a xDopulation of less than 
 six thousand shall- have a Board of Education to consist 
 of five members, which shall be elected by the council at 
 its first meeting in April, 1909, or as soon thereafter as 
 may be practicable, and every two years thereafter. The 
 members of said board shall be qualified electors aud 
 shall serve without compensation. As soon after the 
 election as practicable, said board shall organize by elect- 
 ing one of their number president, and shall also elect 
 one of their number secretary of said board. And said 
 board shall have all the powers and be vested with all the 
 authority in relation to public schools as Boards of Ed- 
 ucation in cities of six thousand or more population. 
 
 In towns of one thousand population or less the manage- 
 ment and control of the public schools therein shall be 
 vested in a Board of Education to consist of five mem- 
 bers, who shall have all the powers and be vested vvith 
 
46 
 
 all the authority in relation to such public schools a'=: 
 Boards of Education in cites. Said Board of Education 
 shall be elected by the qualified electors of the town at 
 the first regular municipal election held under the pro- 
 visions of this act, and bi-ennially thereafter. 
 
 Section 176. — Each incorporated city or town, as a 
 special school district, or embraced therein, shall receive 
 its proportionate share of the public school revenue to 
 be paid over by the State Superintendent of Education 
 direct to the City Superintendent of Schools and by him 
 paid over to the treasurer. 
 
 Section 177. — The provisions of this act, relative to 
 public school systems, shall not apply to cities and towns 
 in counties, now having by law, a combined city and 
 county school system operated under a single Board of 
 Education, or where the members of the board hoir? 
 office for life. 
 
 That where, by any provision of law, any certain or 
 definite percentage of the revenue of any city or town 
 from licenses or taxes, either or both, is required to be 
 used for the maintenance of its public schools, then such 
 provisions shall be unaffected by this act and shall be 
 and remain in full force and effect. 
 
 Section 178. — Cities and towns shall have the right to 
 establish and maintain or aid in establishing and main- 
 taining public libraries, either separately or in connec- 
 tion with the public schools. 
 
'09