Book 4^6 /# 0/ PRESENTED BY LAWS OF WISCONSIN RELATING TO COMMON SCHOOLS Free High Schools, Normal Schools STATE UNIVERSITY •0 ^'^ ANB 1^ SEH COUNTY AND CITY SUPERINTENDENTS, TEACHERS' m\li&k%^C. PUBLTSHEK) IN CONPOEMITY WITH LAW UNDER THE DIRECTION OF L. D. HARVEY, State Superintendent. MADISON, WIS.: DEMOCRAT PRINTING COMPANY, 'sTATE PRINTER, I 901 .'-;,.- \ CONTENTS. .4/ 'V^: \ '\ d\ PAGE I. Formation, Alteration, Meetings and Powers of Districts 1-28 II. District Officers 29-51 III. Certificates and Examinations 52-72 IV. The County Superintendent 73-85 V. Reports 86 91 VI. Duties of Town Officers as to Public Instruction 92-94 VII. Assessment and Collection of District Taxes 95-97 VIII. Borrowing Money 98-107 IX. Schoolhouse Sites 108-111 X. Libraries 112-119 XI. Collection of Judgments Against School Districts 120-121 XII. Free High Schools 122-136 XIII. Appeals 137-141 XIV. Miscellaneous Laws 142-176 XV. Township System of School Government 177-191 XVI. Of the Distribution of the School Fund Income 192-196 XVII. Of the University 197-205 XVIII. Of Normal Schools and A cademies 206-213 XIX. The State Superintendent i . 214-217 XX. Constitutional Provisions 218-219 XXI. Forms 220-250 XXn. IndeK... ...-!By%»ns|fer'''"""""""" 251-l!8g APR 131901 TO SCHOOL OFFICERS. This volume is public property, and belongs to the common school district, the high school district, the toAvnship district, or the city or county superintendent district to which it is sent. The copy sent to the district clerk is to be kept in his office, for his own use and that of the other members of the board, but it may be loaned to any voter of the district, for a time not to exceed five days. The book should not, however, be loaned to any one, if an annual, special, or adjourned meeting is to take place within ten days ; it should be kept in the possession of the clerk, and produced by him at such meeting, for consulta- tion by the voters. The volume which comes to each to\Yn clerk is to be kept by him in his office, for his official use, and for the use of the town board .of supervisors. These volumes are the projDerty of the school districts, or of the towns, and not the property of the officers in whose posses- sion they may be placed. They hold them only in their official capacity. The copies should be carefully preserved, and with the other school district or town records and property, handed over to successors in office^ and a receipt taken for them. NOTE TO THE READER. ' This edition of the school code is rendered necessary not only in consequence of the changes made in the school laws by the legislatures of 1899 and 1901, but also by the fact that all for- mer editions have been completely exhausted. In this edition the laws relating to common schools, free high schools, normal schools, and the university of Wisconsin, as well as those re- lating to county and city superintendents, and teachers' insti- tutes, are to be found, JSTo material changes of comments to be found in fonner editions have been made, except when made necessary by changes in the law, recent decisions of the court, or correspondence has sho-wm that some comment or stat- ute is not clearly understood. The laws enacted by the legisla- tures of 1899 and 1901 will be designated by the chapter,' while all enactments prior to 1899 will be designated by the number of the section, as found in Sanborn & Berryman's Annotated Statutes of 1898. An effort has been made to place, as far as possible, all the laws relating to any subject in their proper connection, and in some few instances, a section found in the newly enacted chap- ter and closely related to a law found in another part of the volume, may be found re-printed in the latter connection. Much care has been taken to make the index full and com- plete in order that the law bearing upon any particular subject may readily be found in all its various relations. THE SCHOOL LAWS OF WISCONSIN, (Chapter 27, Wisconsin Statntes.) L-FORMATION, ALTERATION, MEETINGS, AND POWERS OE DISTRICTS. FORMATION AND ALTERATION OP DISTRICTS. Authority of town board. Section 413. Tlie town board shall have power to alter or nnitj existing and to form new dis- tricts. The territory of a district shall be contignons and em- brace not more than thirtj-six sqnare miles. If a district con- tract debt it shall not be so altered by taking its territory as to leave snch debt exceeding five per cent, of the last assessed valnation of the taxable property remaining therein. By this statute, the legal authority for determining school district boundaries is vested in town boards. The law clothes them with au- thority to assume responsibility in these matters and take such action as their own judgments dictate to be for the best interests of the district schools in their charge, and as the enlightened public sentiment of their toAvns approves. They may act in the formation of school districts and the alteration of the boundaries thereof on their own motion and without waiting for a petition. By this statute, the legislature has provided for a systerii of district schools in which the district may comprise a whole town, not exceeding thirty-six square miles in area, or such' smaller area as the town board in its discretion may determine in view of local conditions and needs. A number of school districts in Wisconsin thus comprise an entire town. This law provides amply for any needful school district consolidation. By it, all existing school districts of any town not exceeding thirty- six square miles in area, may be consolidated by the town board, upon its own motion, into one school ■ district, when such action Is deemed to serve best the school interests of the town ; or the town may be composed of two school districts, or three school districts or 2 SCHOOL LAWS OF WISCONSIN. ! ' " such other number as the town boar'a may determine. Where the town comprises only one school district, such number of school-houses may be provided by the electors of that school district at any annual or special meeting as may be deemed necessary, and so located as to best serve their purposes. The purpose of the provision requiring school districts to be com- posed of contiguous territory is to secure districts as compact as the natural features of the country will permit. It is important that dis- tricts should embrace sufficient wealth to enable them to maintain efficient schools without oppressive taxation, and school population enough to elicit the best efforts of the teacher, and to give continued zest to the school. Only compact and well formed districts can secure these results. By section 26-3, Wisconsin Statutes of 1898, no district which is in- debted to €he trust funds of the state can be altered by taking there- from any land included therein at the time of obtaining such loan, until such loan is fully paid, without the consent of the land commis- sioners of the state, and only upon such terms as they shall prescribe. How altered, formed, etc.; notice of first meeting. Section 413. The town board shall make a v/ritten order describing the territory affected by the alteration, union or formation of dis- tricts and file the same, within twenty days, wdth the town clerk, and when districts are to be united or a new district formed, deliver to a taxable inhabitant of the new district their notice in writing describing its boundaries and appointing a time and place for the first district meeting, and therein direct such inhabitant to notify every qualified voter of the district, either personally or by leaving a written notice at his place of residence, of the time and place of such meeting at least five days before the time appointed therefor; and said inhabitant shall notify the voters of such district accordingly, and indorse thereon a return containing the names of all persons thus noti- fied, and said notice and return shall be recorded as a part of the record of the first meeting in such district. Sections 474, 475, 476, 476a, statutes of 1898, and chapters 40 and 342, laws of 1901, authorize school districts to borrow money in certain cases. For mode of procedure, see comments under section 476 of this volume. The order forming a new district should describe its territory by the government surveys; that is, the order should describe the parcels of land embraced in the new district, and need not contain the names of its inhabitants. See Form No. 1. This section provides for the formation of districts out of new ter- ritory, and the order may take effect immediately. Section 419 pre- scribes the mode of procedure where the new district is formed in whole or in part from territory detached from other school districts. Whenever practicable, the notice for which this section provides should be read in the hearing of each voter. Where this is impracti- cable a copy of the notice must be left at the residence of the voter. The notice for the first meeting of the new district must be served as early as the sixth day before the day named for such meeting, as FORMATION AND ALTERATION OF DISTRICTS. 3 the day on which the notice is served is not counted. See Forms Nos. 2 and 3. Not only the names of all persons notified, but the manner in which the notice was given to them must be embraced in the return made. "All returning officers are ministerial, and are bound to set forth in their returns all acts done by them, that the proper tribunal may judge of their sufficiency. They are not competent to judge of the legality of a notice or service; and a return that a precept has been legally served, or that the duty enjoined by the warrant has been duly performed, would most clearly be insufficient." 12 Pick., 206. The return is the only competent evidence of the service of the warrant and is to be endorsed on the notice read to the voters and signed by the person giving the notices. This document should be produced at the first meeting, and filed with the records of the dis- trict. See Form No. 4. Another method of giving notice. Section 414. If such notice be not given, or if the inhabitants being so notified re- fuse to meet, or if there be no competent authority in the dis- trict to call a special meeting, the town board shall give and cause to be served the notice as prescribed in section 413. See Form 2. The qualifications of electors are defined in sections 428 and 428a. The inhabitants having assembled in compliance with the call for which the section provides, the meeting should be organized by the election of a chairman and clerk pro tempore, and then proceed to the election of officers according to the provisions of sections 430 and 431. Section 416, and the comments following, describe the mode of pro- cedure that should follow the election of a district board. "1 Formation of joint districts. Section 415. If a district is to be formed from adjoining towns the boards of such towns shall meet, act together and make their joint written order describ- ing the territory embraced in such district, signed by at least two of the supervisors of each to^vn, file the order with the town clerk of each town, deliver the notice of formation to a taxable inhabitant of such district, and cause the same tO' be served and returned as prescribed in section 413 ; and such dis- trict may be altered only by the joint action of such town boards as provided in section 418. Districts become joint by the di- vision of a town without other action. See Form 6. Ordinary districts may become joint districts by the division of a town, without any further action. 35 Wis.. 178. It will be seen by this section that a joint district can be formed, altered, or dissolved only by the joint action of the supervisors of all the towns interested, and an order effecting any of these changes must be signed by a majority of each town board. When a school district lies partly in a city or an incorporated vil- lage and the adjoining town, such district is joint and the bounda- 4 SCHOOL LAWS OP WISCONSIN. ries thereof can only be altered by the joint action of the city coun- cil or the village board of trustees and the town board of supervisors. See section 422 for definition of joint school district. Notice for the first meeting of a joint district must also be signed by a majority of the supervisors of each of the towns in which any part of such district is situated. District, wheji organized. Section 416. A district shall be deemed organized when any two of the officers elected at its first legal meeting file with the clerk and cause to be recorded in the minutes of such meeting their written acceptances of the offices to which they have been resiDectivelj elected or which it has ex- ercised the franchises and privileges of a district for the term of two years. See Form 7. If two of the officers elected are present, and at once file their ac- ceptances with the clerk of the meeting, and he records them, the district is then duly organized, and may proceed to the transaction of any other business, as provided in section 430. The treasurer is not likely to file an approved bond at that time, but that can be done afterwards. If two of the officers do not then file their acceptances, the meeting should adjourn and await their action. If the persons elected at the first meeting, or any of them, refuse to accept, the meet- ing may at once proceed to elect others. The same may be done at an adjourned meeting, if notice of refusal to serve is then received. The district should endeavor to effect a complete organization, but if after reasonable trial it fails to secure more than two officers by election, the two who have accepted may fill the vacancy. When a district has exercised the powers and enjoyed the privileges of a school district for two years, it is held to be legally organized, notwithstanding any informality of proceeding in its organization; and in the meantime, and until its organization is set aside by com- petent authority, it is the duty of its officers to comply with all the requirements of the school law. It is sufficient for them to know that it is a district de facto. After two years have elapsed, its organiza- tion cannot be set aside on account of any alleged defect in its original formation or organization. Body corporate; name. Section 417. The word district as used in this chapter, unless otherwise defined, means school dis- trict, and a district lawfully organized is a body corporate and possesses the usual powers of a public corporation by the name and style of school district (joint) school district number -, of the town (towns) of ■ , name of the \m\n\ (towns) in which the district is situated. Such number shall be designated by the town board or boards in the order for the formation thereof. The board shall make its contracts in its corporate name. A school district, as a corporate body, has perpetual succession and existence by its corporate name, and may hold real and personal estate for its corporate purposes. It is a body created by law, and is wholly distinct from the Individuals that may, from time to time compose FORMATION AND ALTERATION OF DISTRICTS. 5 it. It does not become dissolved, or lose any of its rights, dr become discharged of its obligations by a change of its name, number or boun- daries, or by becoming a joint district. (4 Wis., 79.) The number of a district should not be changed when it can be avoided. But, if changed, the supervisors shall direct the town clerk to give im- mediate notice thereof to the state superintendent and the county su- perintendent, stating the former number and the new number of the district. Contracts made or suits brought by a district, and all writings in which it is a party, require that the name of the district should be mentioned: e. g., school-district number fonr, toion of Lincoln, Folic county. Wlien district officers are specifically empowered by law to act, their names may be mentioned. Lost records, restoration of. Section 417a. If the record of the formation or establishment of bonndaries of a district be lost or destroyed, the board of the town or village or the council of the city in which such district lies may make a new record by written order entered in the records of such to^vii, village or city. Whenever the town or village board or city council shall contemplate making such new record, they shall give at least five days' notice in writing to the clerk of the affected district, stating when aiid where they will be present to make such new record, and such clerk shall immediately notify the other mem- bers of the hoard. Such order shall within three days be en- tered in the record of the proper town, village or city, and the clerk thereof shall within the same time file a copy of such order with the clerk of said district. Any number of districts may be included in one such order or notice. In case of the loss or de- struction of the records pertaining to a joint district, the clerk of any to^vll, village or city in which the district lies shall pro- cure and record a certified co])y of the records of any other town, village or city relating to such joint district, or the board of the town or village, or council of the city in which such joint dis- trict lies may meet and act together in the making of such new record. An order made pursuant to this section or the record thereof shall be presumptive evidence of the regularity of all prior proceedings pertaining thereto, of the legality of the formation of such district, of the boundaries thereof, and of the loss or destruction of the record of its formation. Parties conceiving themselves aggrieved by any decision made under the foregoing provisions may appeal therefrom in the manner pro- vided by section 497. Notice of hearing. SECTioisr 418. Whenever the town board shall contemplate an alteration of a district they shall give at 6 ^SCHOOL LAWS OF WISCONSIN. ' ' least ^ five days' notice in writing to the clerk of tite district or districts to be aflected thereby, stating in such notice when and where 'they will be present 'to decide upon such proposed alter- ation; and such clerk or clerks shall immediately notify 'the other members of the board. No territory shall be detached from one district unless by the same order it be attached to another; and a district may be dissolved by attaching all its territory to other districts. See Form No. 8. Great care should be exercised in giving the preliminary notices, as town boards have no authority to alter the boundaries of school districts unless the required notices are given. There is no presump- tion that notices have been given, and a recital in the order of the board to the effect that they have been given is not privia facte evidence of the fact. Moreover, the district officers cannot waive no- tice. 60 Wis., 395; 29 Wis., 419. The board acquires no jurisdiction to make the change, unless the giving of the notices be authorized at a meeting of the supervisors duly held. 106 Wis., 475. The returns of the persons serving the notices required by this sec- tion should bear the admission of service of the district clerks en- dorsed thereon, and these should be attached to the order changing the boundaries of districts, and should be filed with it in the office of the town clerk, so that evidence that the proper notices were given may be accessible at all times. It will be noticed tliat the language of the statute is — "Whenever the town board shall contemplate." etc. This implies that town boards may act in the formation and alteration of the boundaries of school districts on their own motion, and without waiting for a petition. Town boards are, indeed, the guardians of school interests and ought to assume responsibility in these matters, whenever, in their own judgments, the best interests of the schools demand it. When these boards act on petition, their action is not limited by the demands of the petitioners. Order, filing of; when in effect. Section 419. In all cases where an alteration of the boundaries of a school district sh'all be made the town board shall, within three days thereafter, give notice thereof by filing a copy of the order so altering the same with the town clerk and with the clerks of the districts af- fected' by such alteration; and no alteration of any school dis- trict made without the consent of a majority of the district boards indorsed on such order shall take effect until three months after notice given as above specified, unless such alter- ation is made in compliance with the order of the state super- intendent given in the decision of an appeal; nor shall any al- teration of an organized district be made to take effect between the first day of December in any year and the first day of April following. See Form No. 9. E^ORMATION AND ALTERATION OF DISTRICTS. ^ Failure to file the order with, the town clerk does not avoid the divi- sion; 11 Wis., 29. It should, however, be filed promptly, as the infor- mation is necessary for the guidance of the town clerk and of the district clerks. It will be noticed that the order may be made to take effect immediately when the consent of a majority of the boards of the districts affected by it is indorsed thereon. Each district board acts as a unit, so that the consent of two boards where three districts are interested is sufficient to authorize the supervisors to give imme- diate effect to their order. No action can be taken by the voters of a new district until the order forming the district takes effect; it follows that the notice for a first meeting shouM not antedate the time at which the order cre- ating the district becomes effective. Joint districts, alteration of. Section 419a, (as amended by Chap. 348, Laws of 1901.) Whenever an application in writing, describing- and clearly setting forth by use of usual and definite terms and having for its purpose the alteration of th'e bounda- ries of any joint district, signed by not less than two-thirds of the voters residing in the joint district, or one-third of the voters residing in the territory comprising all the districts to be aifected by said proposed alterations, shall be presented to the chairman of the town, the mayor of the city or president of the board of trustees of the village, in which the school house of such joint district may be situated, such chairman, mayor of the city, or president of the village board, shall, upon receipt of such application or petition, fix a time for the joint meeting of the town boards of supervisors, and the city coun- cil, or the village board of trustees of all the municipalities in any way affected by said proposeid change, which time shall not be less than ten or more than twenty days after the presenta- tion to said officer of such jDctition or application. The officer to whom the application or petition is presented shall cause a written notice of the time and place of such meeting to be given to each supervisor, member of the city council, or mem- ber of the village board of trustees entitled to be present at such meeting, which notice shall be served at least five days prior >{o the date fixed therefor. Such meeting shall be held at the school-house in such joint district unless some other con- venient place shall be designated in the notice. If the chair- man of the town, mayor of the city or president of the board of village trusteies, as the case may he, to whom such appKca- tion shall be presented, neglect or refuse to fix the time and place or to give notice for the meetings as provided by this sec- tion, or if the supervisors, the city council, or the board of vil- lage trustees, or a majority thereof, of any town, city or village 8 SCHOOL LAWS OF WISCO^JSIN. in any way interested or affected by the proposed cliange of school distric't boundaries, neglect or refuse to be present at snch meeting, or being present, neglect or refuse to hear and vote npon the apphcation before them, the application shall be deemed denied, and an appeal may be had therefrom in sim- ilai' manner, aiid with like effect as in other cases of denial. The provisions of section 418, 419, 422, and 497 shall, as far as may be applicable, apply to the above proceedings. This section provides a remedy, in the way of appeal to the state superintendent, where the officer whose duty it is to give notice of the time and place of meeting of supervisors for hearing and determinUig' upon proposed alterations of joint school districts, neglects or refuses to give such notice, and where supervisors neglect or refuse to at- tend such meeting when called. The act also specifies the preliminary steps to he taken by persons intending to make use of this remedy by appeal, for neglect or refusal. Where there is no neglect or refusal to act, there is no need for either of the petitions referred to, nor does the act prevent procedure under sections 418, 419, 420, and 422 of this chapter. Too great care cannot be exercised by interested parties in taking proceedings under this section. The rules and regu- lations governing appeals to the state superintendent are given in the comments foUovfing section 497. Division of property. Section 420. If a new district be formed, in whole or in part, from one or more districts posseissed of a school-house or entitled to other property the town board, at the time of forming such new district, shall determine the proportion of the value of the school-house and other ]:)roperty justly due to. such new district according to the taxable prop- erty of the respective parts of such former district at the time of the division, and such amount of any debt due from the former district which would have been a charge upon the new had it remained in the former district shall be deducted from such proportion. C'ollection and application of money. Sectiojst 421. The town board shall certify to the district clerk of each district retaining a school-house or other property the amount as- certained by them as the proportion due to the new district, and such amount shall be embodied in the next statement of taxes to be made by the district clerk to the town clerk as required by section 472, and ©hall be collected and paid to the treasurer of the new district to be applied toward j^roviding a school-house therefor ; and the money so received shall be al- lowed to the credit of the taxable property taken from the dis- trict paying the same in reduction of any tax imposed on said FORMATION AND ALTERATION OF DISTRICTS. 9 taxable property in tlie new district for tlie building of the scliool-house ; but in case the new district shall have raised a tax and provided a schoiol-house before the receipt of such money, the treasurer thereof shall pay on demand to each taxpayer re- siding in the territory taken from the district paying the same the amount actually paid by Iiim in school-house taxes in ex- cess of the amount he would liave paid if the money had been received and credit given before such taxes were collected, and the treasurer sliall be liable therefor on his official bond. See Form No. 10. When territory is merely transferred from one district to another, no claim will lie against the district yielding territory on account of property. By "property" Is meant lands, tenements, hereditaments, money, goods, chattels, things in action, and evidences of debt. Tlje division of the share of the income of the school fund is further discussed in and under section -558, as amended by chapter 450, laws of 1901, and section 554, as amended by chapter 115, laws of 1899. Alteration of district in town and village, etc. Section 422, (as amended by Chapter 30-i, Laws of 1901). Whenever any school district in this state shall be comprised partly of th-e ter- ritory of any city or an incorporated village and partly of the territory of an adjoining town or towns, it shall be and for all intents and purjioses shall be considered as a joint school dis- trict which may be dissolved or the boundaries of which may be changed only by the joint action of the city or common coun- cil of the city or the trustees of the village as the case may be and tl'e board or boards of supervisors of the town or towns in which any ]3art or parts of said joint school district may be situated and only in the same manner in which any other joint district may be altered or dissolved, but no new joint district em- bracing a part of any city shall be hereafter formed. The appraisal and award should be made at the time of the forma- tion of the new district but will be legal if necessarily delayed. If the duty is wholly neglected by the supervisors, or, the award being made by them, if the clerk of the old district neglects his duty, the remedy in either case is by mandamus. No vote of the old district is required to raise the amount to which the new district becomes entitled under the action contemplated by section 421. This tax cannot be collected as a special district tax; it must be returned to the town clerk by the district clerk, as certified to him by tlie town board. The duty of making an equitable division of the property of the dis- trict retaining the schoolhouse, here imposed upon the town board. Is mandatory, and no agreement or condition recited in the order for division of territory will relieve the board of this duty. An agree- ment to consent to the division of a district in consideration of the 10 ' SCHOOL LAWS OF WISCONSIN. surrender of property rights by the new district is void. 63 Wis., 337; 81 Wis., 428; 87 Wis., 533. In case the new district raises a tax for the purpose of building a schoolhouse before any money is received from any or all of the old districts out of whose territory the new district is formed, the treasurer of the new district, upon receiving the amount due from any- of the old districts, shall pay the same to the tax-payers residing in the territory that formerly belonged to the district paying the money. The amount received shall be apportioned among the proper persons on the same basis that served for the collection of the tax. Neglect to keep school. Section 423. If a district for two or more successive years neglect to maintain school as required by law, the town board of 'the town embracing th-e district shall attach the same to such other adjoining district or districts in the town as they shall judge proper; and if the district be joint, then tbie town boards shall attach the respective parts thereof to other districts in their respective towns. This section shall not apply to any district which may provide for the instruction of its pupils in an adjoining or other district, as provided in subdivision 15, section 430. Section 418 allows the town board to extinguish a district by at- taching its territory to other districts. This section requires them to do so whenever a district fails to maintain a school for two successive years, unless provision has been made for the free instruction and transportation of the pupils of the district as provided in sub-divisions 15 and 16, of section 430, and of section 554, of the statutes of 1898, and chapter 351, Laws of 1901. Failure to elect disti'ict officers does not of itself extinguish a district, as the organization may be restored in the manner prescribed by section 414. Property of dissolved district. Section 424. Whenever a district shall be dissolved by reason of the attachment of all its territory to some other district, the town board, and in case of a joint district the town boards, shall take charge of the property belonging to the same at the time of its dissolution, dispose of the same by grant or oth'erwise, and apply the pro- ceeds to the discharge of its debts, paying over the remainder if any, to the treasurer, and in the case of more than one dis- trict, to the treasurers of the districts to which the tenitory has been attached, in proportion to the valuation of the prop- erty attached to each as appears from the last tax rolls of the respective towns. The supervisors of all the towns interested in the dissolution of a district must unite in the sale of its property, and in the execution of deeds of its real estate. They should require cash payments, and all conditions of sale should be mentioned in the posted notices. Un- expended a;nd unappropriated money in the hands of the district treas- urer, is "property," and is to be divided by the town board or boards. SCEtOOL MEETINGS. j^i Particular attention should be given by town boards of supervisors and trustees of villages to the matter of recording the proceedings which affect the formation and alteration of school districts. MEETINGS. Annual; report to. SECTioisr 425. The annual district meet- ing shall be held on the first Monday of July unless that be a legal holiday, in which case it shall be held on the next day at seven o'clock in the afternoon, unless another hour be fixed by a vote recorded at the last annual meeting, and any annual meeting heretofore or hereafter held shall be valid not- withstanding any provision to the contrary in any special or local law. It shall be the duty of the district board to meet on the Saturday immediately preceding the annual meeting, carefully examine the accounts of the treasurer, and make up a full and itemized report of all receipts and expenditures since the last annual meeting, of the amount in the hands of the treasurer or the amount of the deficit for which the district is liable, of the amount necessary to be raised by taxes for the support of the school for the ensuing year, and of the amount required to pay the interest or principal of any debt due or to become due during such year; which report shall be submitted in writing at the annual meeting and recorded by the clerk at length with the action thereon in the proceedings of the meet- All annual school district meetings, except in towns under the town- ship system, are held on the same day. When the first Monday in July is the fourth, and when the fourth of July occurs on Sunday, the annual meeting must be held on. the Tuesday following. The hour for holding an annual district meeting is 7 o'clock in the afternoon, unless a different hour was fixed by vote at the previous annual meeting. District officers have no power to call an annual meeting at any other hour than that which the law designates. 34 Iowa, 306. Notice. Section 426. The clerk shall give at least six days' previous notice of the annual meeting by posting notices there- for in four or more public places in the district, one of which shall be aflixed to th'e outer door of the school-house, if there be one in the district; and he shall give like notice for any adjourned meeting, if the adjournment be for more than one month; but no annual meeting shall be deemed illegal for want l^ SCHOOL LAWS OP WISCONSIN. of due notice, unless i't shall appear that the omission to give such notice was wilful and fraudulent. See F'orms Nos. 11 and 12. While it is the duty of the district clerk to notice an annual school district meeting according to the provisions of this section, and while he may be punished by fine for neglect or refusal to comply with the statute, the notice is not essential to the validity of the meeting. The statute and not the notice is the foundation of the meeting. 6 Hill, N. Y., 647. By section 430b, district clerks are required to embody in the notice for an annual meeting, the fact that the question of a change of text- books will be submitted to the meeting, if such be the case. See com- ments on section 440. Special meetings. Sectioi^ 427. Special meetings shall he called by the clerk, or in his absence by the director or itreas- urer, on the written request of five legal voters of the district, and notices thereof specifying particularly the business to be transacted shall be posted in the manner prescribed for calling the annual meeting; and the electors when lawfully assembled at a special meeting shall have power to transact the same busi-^ ness as at the first of the annual meeting, except the election of oificers, voting a tax to compensate the clerk and authorizing a change in text-books. But no more than one such meeting to consider the same subject shall be held in the district in the same school year. No tax or loan or debt shall be voted at a special meeting unless three-fourths of the legal voters shall have been notified either personally or by a written notice left at their places of residence, stating the time, place and objects of the meeting, and specifying the amount proposed to be voted, at least six days before the time appointed therefor, exclusive of the day on which the meeting is to be held. See Forms Nos. 13 and 14. It is the duty of the clerk to call special meetings whenever requested to do so by the required number of legal voters. The fact that the district clerk does not approve of the objects sought by those who request him to call a special meeting, is no cause for refusing to com- ply with the request. "When public corporations or officers are authorized to perform an act for others, which benefits them, then the corporations or officers are bound to perform the act. The power is given them not for their own, but for the benefit of those in whose behalf they are called upon to act, and such is presumed to be the legislative intent. In such cases they have a claim de jure to the exercise of the power." 9 Wis., 285. Any business that can be done at an annual meeting can be done at a special meeting, properly called, except the election of officers, voting a tax to compensate the clerk, and authorizing a change in SCHOOL MEETINGS— VOTERS. ^^ text-books. The notice for a special meeting may be given by the director or treasurer in case of a vacancy in the office of clerli, or if that officer is absent or incapable of acting. A special meeting may rescind any action taken at the annual meet- ing, if proper notice has been given; but if rights have been acquired by third parties, under previous action, those rights cannot be set aside by the vote of the district. This includes the rights of persons elected to a district office. "Six full days" requires the notice to be given as early as on the seventh day before the time designated. The personal notice required by this section to be given to three- fourths of the electors of the district in all cases w^here it is the purpose of the special meeting to vote a tax, loan or debt, should in- clude women, on whom the right of suffrage in elections "pertaining to school matters," is conferred by section 428a. Care should be taken in naming the amount to be raised at a special meeting to specify a sum equal to or greater than that needed. It Is competent lor a special meeting to raise a less, but not competent for it to raise a greater sum than that mentioned in the notice. All laws relating to levying taxes are construed strictly, and the re- quirement that notices for a special meeting whose purpose is to raise money shall specify the amount to be raised is mandatory. Who may vote. Section 428, (as amended by chap. 233, laws of 1899.) Every resident elector of the district shall be entitled to vote in any meeting', provided snch elector has resided there- in for at leiast thirty days next preceding any meeting. The qualifications of voters at a general election are declared by section 12, of the Wisconsin statutes, to be as follows: Section 12. Every male person of the age of twenty-one years, or upward, belonging to either of the following classes, who shall have resided in the state for one year next preceding any election, and In the election district where he offers to vote ten days [except in the case of school district meetings] shall be deemed a qualified elector at such election: 1. Citizens of the United States. 2. Persons of foreign birth who shall have declared their intention to become citizens, conformably to the laws of the United States on the subject of naturalization. 3. Persons of Indian blood who have once been declared by law of congress to be citizens of the United States, any subsequent law of congress to the contrary notwithstanding. 4. Civilized persons of Indian descent, not members of any tribe. 5. Any civilized person, being a descendant of the Chippewas of Lake Superior or any other Indian tribe residing within this state, and not upon any Indian reservation, who shall make and subscribe to an oath before the clerk of the circuit court or his deputy of the county where such person resides that he is not a member of any Indian tribe, and has no claim upon the United States for aid and assistance from any appropriation made by congress for the benefit of Indians, and that he thereby relinquishes all tribal relations, and all right to claim or receive such aid, shall be entitled, on such oath being fJed and recorded, to vote at all elections held in this state, if he is otherwise qualified. The oath so taken, on being corroborated as 14 SCHOOL LAWS OF WISCONSIN. ' ^ to the residence and tribal relations of such person by the afh'davit of a qualified elector, shall be filed in the office of the clerk before whom it was taken and recorded by him in a book to be provided for that purpose, upon such person paying to said clerk the sum of one dollar. Every person convicted of bribery shall be excluded from the right of suffrage, unless restored to civil rights; and no person who shall have made or become directly or indirectly interested in any bet or wager, depending upon the result of any election, at which he shall offer to vote, shall be permitted to vote at such election. Women may vote. Section 4:28a, (as amended by chap. 233 ; laws of 1899). Every woman who is a citizen of this state, of tlr-e age of twenty-one years or upwards, except paupers, per- sons under guardianship and persons otherwise excluded by section 2 of ai-ticle 3 of the constitution of Wisconsin, who has resided in the state one year, and in the election district where she offers to vote, thirty days next preceding any election per- taining to any school mattere, shall bave a right to vote at such election. By this law all voters at school district meetings, either annual or special, are required to reside at least thirty days in the district previous to the date of the school meeting. This is a radical change in the election law and should receive especial attention in order that difficult and annoying questions may not arise in the management of school district matters. The above section does not confer upon women the unlimited right of suffrage, but it does confer upon them the right to vote upon any and all questions that can be legally considered at any regularly called annual or special school district meeting. The words "any election pertaining to school matters" renders the limitation to the privilege conferred by the section manifest. 71 Wis., 239, 251; 75 Wis., 543; and chapter 285. laws of 1901. Section 69. In determining the question of residence as a qualifi- cation to vote, the following rules, so far as applicable, shall govern, and if a person offering to vote be challenged as unqualified on the ground of residence, the inspector shall admonish him of such rules and put to him such further questions as shall be proper to elicit the facts in respect thereto, namely: First. — As prescribed in the constitution, no person shall be deemed to have lost his residence in this state by reason of his absence on business of the United States, or this state; and no soldier, seaman or marine, in the army or navy of the United States, shall be deemed a resident of this state in consequence of being stationed within the same. Second. — That place shall be considered and held to be the residence of a person, in which his habitation is fixed without any present in- tention of removing therefrom and to which, whenever he is absent, he has the intention of returning. Third. — A person shall not be considered or held to have lost his residence, who shall leave his home and go into another state, or county, town, or ward of this state, for temporary purposes 'merely, with an intention of returning. SCHOOL MEETINGS— VOTERS. I5 Fourth. — A person shall not he considered to have gained a residence in any town, ward, or village of this state into which he shall have come for temporary purposes merely. Fifth. — If a person remove to another state with an intention to make it his permanent residence, he shall be considered and held to have lost his residence in this state. Sixth. — If a person remove to another state with the intention of remaining there for an indefinite time, and as a place of present resi- dence, he shall be considered and held to have lost his residence In this state, notwithstanding he may entertain an intention to return at some future period. Seventh. — The place where a married man's family resides shall gen- erally be considered and held to be his residence, but if it is a place of temporary establishment for his family or for transient objects, it shall be otherwise. Eighth. — If a married man has his family fixed in one place, and he does his business in another, the former shall be considered and held to be his place of residence. Ninth. — The mere intention to acquire a new residence without the fact of removal, shall avail nothing; neither shall the fact of removal without intention. Tenth. — If a person shall go into another state, and while there ex- ercise the right of a citizen by voting, he shall be considered and held to have lost his residence in this state. Eleventh. — No person shall be deemed to have gained a residence in any town, ward or village in this state, so as to entitle him to vote at any election therein, by remaining in such town, ward, or village as a pauper supported by the town, village or county in which he shall be living at the time of such election; and no person shall be deemed to have lost his residence in any town, ward or village, by remaining in any other town, ward, or village as such pauper. Twelfth.^ — If an unmarried person sleeps in one ward and boards in another, the place where he sleeps shall be considered his residence. Thirteenth.^ — ^If an unmarried person be employed on a railroad, boat or stage line and boards at different places, if one of those places be with his parents that place shall be considered his residence un- less he has, by registering to vote elsewhere or by the performance of some otTier kindred act elected some other place as his residence. If he has no parents and has not registered at any other place, he shall be asked: Do you consider this your place of residence, and have you so considered it for the past ten days in preference to any other place? If he answers in the affirmative he shall be entitled to all the privileges and be subject to all of the duties of other citizens in such place in the matter of voting, jury service, poll taxes and as- sessments for taxes. Fourteenth. — Each inmate of any national or state home for soldiers in this state shall be deemed to reside in the town, city or village in which said home shall be located, and in the election district in which he shall sleep. Section 428a, (as amended by cliap. 285, laws of 1901.) Every woman who is a citizen of this state, of the age of twen- ty-one jenrs, or upwards (except paupers, persons under guar- dianship, and persons otherwise excluded by section two of ar- ticle three of the constitution of Wisconsin)^ who has resided 1Q SCHOOL LAWS OF WISCONSIN. within the state one year, and in the election district where she offers to vote, ten days next preceding any election pertain- ing to school matters, shall have a right to vote at snch elec- tion. Separate ballot boxes shall be fnrnished at every election precinct in this s/tate at every primar)^, general, municipal or special election for the use of women desiring to vote on said school matters, and separate ballots shall also be provided at said elections for the use of said women. This chapter was enacted for the purpose of extending the privi- lege of suffrage to women. Heretofore, the privilege of voting for school officers has been restricted to such officers elected at annual or adjourned school district meetings only. This chapter evidently extends the privilege to vote for school officers at general and mu- nicipal elections, as well as at school district elections, and under the same conditions regarding age and residence that are imposed upon male citizens. Proceeding's on challenge. Section 429. If any person of- fering to vote at a school district meeting shall be challenged as unqualified by any legal voter in such district the chairman presiding at such meeting shall declare to the person challenged the qualifications of a voter; and if such person shall declare that he is a voter and if such challenge shall not be withdrawn the chairman shall tender him the following oath or afiirma- tion: You do solemnly swear (or afiirm, as th'e case may be) that you are an actual resident of tliis school district and that you are qualified according to law to Vote at this meeting. And every pereon taking such oath or affirmation shall be permitted to vote on all questions- proposed at such meeting; and if the person shall refuse to take such oath or affirmation his vote shall be rejected. The questions which may be asked by inspectors of elections of per- sons whose votes are challenged, and the rules for determining the legal qualifications of electors are given in sections 68 and 69, of the Wisconsin statutes, and are printed here for convenience. The chau^- man of a district meeting can not, like an inspector of elections, re- quire the person challenged to answer the questions under oath. Section 6S. Each inspector shall, and any elector may. challenge every person offering to vote whom he shall know or suspect not to be duly qualified as an elector. If such a person is challenged as unqualified one of the inspectors shall tender to him the following oath or affirmation: You do solemnly swear (or affirm) that you will fully and truly answer all such questions as shall be put to you touch- ing your place of residence and qualifications as an elector of this election; and shall thereupon put questions as follows: First. If a person be challenged as unqualified on the ground that he is not a cit-izen and has not declared his intention to become a pitizen: SCHOOL MEETINGS— VOTERS. ^>j 1. Are you a citizen of the United States? If no, then — 2. Have you declared your intention to become a citizen of the United States conformably to the laws of the United States? 3. When and where did you declare your intention to become a citi- zen of the United States? Second. If the person be challenged as unqualified on the ground that he has not resided in this state for one year immediately preceding the election: 1. How long have you resided in this state immediately preceding this election? 2. Have you been absent from this state within the year immediately preceding this election? If yes, then — 3. When you left, did you leave for a temporary purpose, with the design of returning, or for the purpose of remaining away? 4. What state or territory did you regard as your home while ab- sent? .5. Did you, v/hile absent, vote in any other state or territory? Third. If the person be challenged as unqualified on the ground that he is not a resident of the town, ward or village where he offers his vote: 1. When did you last come into this town, ward or village? 2. Did you come for a temporary purpose merely, or for the purpose of making it your home? 3. Did you come into this town, ward or village for the purpose of voting therein? 4. Are you now and have you been for the last ten (thirty days in the case of school district meetings) days an actual resident of this town, ward or village, and what is the particular description, name and location of your residence? 5. Have you registered to vote at this election at any other place within this state? Fourth. If the person be challenged as unqualified on the ground that he is not twenty-one years of age: Are you twenty-one years of age'to the best of your knowledge and belief? Fifth. If the person be challenged as unqualified on the ground that he has made or become directly or indirectly interested in any bet or wager depe: ling upon the result of such election: 1. Have you made in any manner any bet or wager depending upon the result of this election, or on the election of any person for whom votes may be cast at this election? 2. Are yqu in any manner, directly or indirectly, interested in any bet or wager depending in any way whatever upon the result of this election? Sixth. If the person be challenged as unqualified on the ground that he has been convicted of treason, felony or bribery and itot sub- sequently restored to civil rights: 1. Have you been tried or convicted in this state of any crime? If yes — 2. Of what crime, when and in what court were you so convicted? 3. Have you in any manner since such conviction been restored to civil rights, and. if yes. how? Seventh. If the person be challenged as unqualified on the ground that he has been engaged, directly or indirectly, in a duel, either as principal or accessory: 1. Have you ever been engaged in any duel, directly or indirectly, either as principal or as a second, or in counseling or aiding either principal or second in a duel? And if yes, then — 9. 18 SCHOOL LAWS OF WISCONSIN. , ' ■ ' 2. When and where, and had you before that time been an inhabitant of this state? Eighth. If the person be challenged as unqualified, on the ground that he is a person of Indian descent, a member of an Indian tribe or an uncivilized Indian: 1. Are you a person of Indian descent? 2. Of what tribe or nation are you a descendant? 3. Are you now a member of any Indian tribe? 4. Have you received any annuity from the United States or any agent thereof, or shared in any, and, if so, when did you last so receive or share in any? The inspectors, or one of them, shall put such other questions to the person challenged as may be necessary to test his qualifications as an elector at such election. POWERS OP DISTRICTS. Powers of meeting. Section 430. The iiiliabitants of any school district qualified by law to vote at a school district meet- ing when assenlhled at the first and at each annual meeting in their district or at any adjournment thereof in their district shall have power : 1. To appoint a chairman for the time being, and in the ab- sence of the clerk to appoint some person to act in his stead, and the person so appointed shall certify the proceedings of such meeting to the district clerk, who shall enter the same in the records of the district and file and preserve the certificate of such temporary clerk. When the inhabitants of a district are assembled at any regularly called meeting, it is competent for any elector to call the meeting to order, to nominate, or to ask some one to nominate a chairman, and to put the question and declare the result. If the director of the dis- trict be present, it is proper for him to do this. If the district clerk be not present the chairman will announce the fact and ask that a clerk be appointed pro tempore. The meeting will be governed by the common rules of deliberative assemblies. The chairman should be an elector, and so entitled to vote on all questions. 2. To adjourn from time to time as occasion may require. The statute — section 426 — provides that when an annual meeting is adjourned for more than one month, notice shall be given of the time and place of holding such meeting in the same manner that notice of the original meeting was given. 3. To choose a director, treasurer and clerk. The election of all officers shall be by ballot and a majority of all the votes cast shall be necessary for a choice. r""' '" POWERS OF DISTRICTS. 19 School boards of seven members. (Chapter 317, laws of 1899, as amended by chap. 205, laws of 1901.) Section 1. Any school district containing within its bonndaries a city in which a high school is maintained and which expends annually in the maintenance of its schools, a sum exceeding four thousand dollars, may upon determining so to do by th^e vote of the elec- tors present at any annual school meeting held in such school district, have a district board comprising seven members which shall be known as the school board of the city, comprising in whole or in part such district, three of whom shall be the di- rector, treasurer and clerk, as now provided by law, who shall each discharge the separate duties now imposed upon him by law, and shall be elected and hold office for the term now pro- vided by law. And all directors, clerks and treasurers now in office in such districts, shall continue in their respective offices during the full term for which they were elected. The remain- ing four members of such district board, shall be elected aa school district officers are now required to be elected, at the annual school meeting which may adopt this act; two of said four shall be elected for the period of one year and the remain- ing two for the period of two years and until their successors have been elected or appointed. At everv succeeding annual school meeting in such district, there shall be elected in addi- tion to a director, clerk or treasurer, as the case may be, two of such additional members of such board, who shall hold their office for two years and until their successors are elected or ap- pointed. In case of vacancies in the said board, such vacanci-es shall be filled as now provided for filling vacancies in district boards. All members of said board so elected shall be risidents of such school district. Such school boards shall exercise all the powers, and discharge all the duties now imposed upon the district boards of such districts. Regular meetings of said board shall be held, and special meetings thereof may be called upon request of any three members of such board to the clerk, who shall thereupon, at least twenty-four h'ours before such spe- cial meeting is held, give written notice thereof to the remain- ing members of the board. Accounts of school boards to be examined. Seotion 1. (Chapter 162, laws of 1899.) It shall be the duty of eveiy school district in the state of Wisconsin at its annual meeting to appoint three competent men, who shall be tax-payers in the district, to examine all accounts, books, vouchers, moneys and 20 SCHOOL LAWS OF WISCONSIN. property of whatever kind belonging- to said district, between the first and tifth days of Jnly of each year and report the find- ing, in writing, at the next regnhar annnaf meeting. SECTioisr 2. Said report shall be recorded in the school rec- ords, properly signed by the committee. This law does not interfere with that part of section 425, W. S., which makes it the duty of the district board to meet on the Saturday im- mediately preceding the annual meeting for the purpose of making a careful examination of the accounts of the treasurer and compiling a full and itemized report of all receipts and expenditures since the last annual meeting, of the amount in the hands of the treasurer, or the amount of the deficit for which the district is liable, of the amount necessary to be raised by taxes for the support of the school for the coming year and of the amount required to pay the interest or principal of any debt due or to become due during the year. These reports are to be submitted in writing at the annual meeting. Town clerks and county superintendents have heretofore found difficulty in compiling correct financial reports for the schools under their respective jurisdictions. It is hoped that by the operation of the law printed above correct reports may be obtained from each school district in the state. Over five million three hundred thousand dollars are an- nually expended in the management of the public schools and it is not unreasonable to require a strict accounting from each district for the sums annually received and expended in the management of its school affairs. Before the meeting proceeds to elect officers, the minutes of the last a.nnual meeting should be read, and those of such special meetings as have been held during the year. The reports of district officers should also be presented, and referred to a committee for examination, with instructions to report at some later stage of proceedings. The reports should be in writing, a,nd should be carefully examined by the com- mittee, or by the meeting, if convenient. All school officers should be held to a strict accountability for the faithful performance of their duties, and the financial statements submitted should be a,ccompanied with vouchers for all moneys expended. Reports of officers should be spread upon the records, as papers that are merely filed are often lost. If a vacancy exists at an annual meeting from any other cause than the expiration of the incumbent's term, it is advisable that a reso- lution be passed .declaring that such vacancy exists, and stating the ground on which the meeting regards the office vacant. It is for the meeting to judge in the fi.rst instance whether a vacancy exists, and although it may err in so declaring, the ofiicer elected will be deemed an officer cle facto, and his acts in relation to the public and third persons deemed valid, until his election is pronounced void by compe- tent authority. If a mistake is made in stating the length of an unexpired term, the person elected will nevertheless serve to the end of the term, and no longer, as this matter is regulated by law, and not by the vote of the district. The election of all school district officers must be by ballot, and a majority of all the votes cast is essential to a choice. District officers may be elected at an adjourned annual meeting, if such meeting be held within tetf days after the time fixed by law POWERS OP DISTRICTS. ^21 for holding the annual meeting. A school district officer elected at an annual meeting cannot he displaced at an adjourned annual meeting. The manner ol: resignations of school officers is fixed by sub-division 8, section 961, statutes of 1898, in the following wrords: "Resignation by a school district officer shall be made to the district board." It Is clear from this that A resignation m.ade to the electors at an annual meeting is not the resignation contemplated by statute and therefore does not without some other act of the officer, create a vacancy. 4. To tlesignatc a site for a district school-bouse. The vote of a district at an annual meeting, or at a special meet- ing called for that purpose, is necessary to establish a site. The dis- trict cannot delegate this poAver to the board or to a committee ap- pointed for that purpose; although either may be authorized to ex- amine the situation, price and title of a proposed site. Every schoolhouse site should contain at least one acre of land; should be described by the government survey; should be easily ac- cessible to all parts of the district. A dry, sheltered spot should be chosen, so high that surface water vi^ill flow from, and not toward the site. A schoolhouse should never be placed on low or marshy ground, near a stagnant pool, or in the midst of distracting or unhealthful surroundings. It is quite proper, but not necessary, to designate a site before voting a tax to build the schoolhouse; neither is it necessary that the sits should be designated before levying a tax to pay for the same. If the tax deemed sufficient is afterwards found to be too small, an ad- ditional tax m_ay be voted; and, if too much is raised, the electors may appropriate the same to any object for which they can legally raise a tax. The expense of investigating the title and of recording the deed may legally be included in the tax for a site. Although the law au- thorizes the leasing of a site, it does not permit the district to contract a permanent debt for future rent. Land for a site is sometimes held under a lease granting it for a consideration, paid in advance, for so long a time as the same may be used for the purpose of a public school. It is always advisable that the district should own the site. Sections 477 — 484 prescribe the course to be pursued when, for any reason, the district is unable to obtain the site that has been chosen according to law. Where a schoolhouse is erected upon leased ground, the district may remove the same at any time previous to the expiration of the lease. (7 Bart.; N. Y. R., 266.) A clear title to a schoolhouse site ought always to be secured, and where land chosen for this purpose is a part of a mortgaged tract, a release should be obtained, if possible, before erecting a schoolhouse thereon. 5. To vote sncli tax as tlio meetiiiG: sliall deem sufficient to purchase or lease a suitable site for a school-house, to build, hire or purchase a school-house and to keep in ro]')air and furnish the same wiih the necessary fuel and appendages ; provided, -that no district containing a itopulation of k'ss tlian two hun- dred and fifty inlialntants shall have power to lew and collect a tax for building, hiring or purchasing a school-house of more M BOHOOL LAWS OF WISCONBlM. ' ^^ than six liiindred dollars in any one year, unless the town board of the town in which snch school-house is to be situated shall certify in writing that in their opinion a larger sum should be raised, sj)ecifying such sum, in which case an amount not ex- ceeding the sum specified may be raised; provided, further, that no district containing a population of less than one thou- sand inhabitants may have power to raise and collect in any one year, for the purposes above specified, more than one thou- sand dollars, unless the town board shall certify as above set forth. Although a, tax may be levied before a title has been acquired, yet the district Doard should not part with the money before a conveyance of the site has been made. The question sometimes arises as to the legality of connecting the schoolhouse with other buildings made for different purposes, and under other control than that of the district board. This department has held that a tax cannot be voted for building a house for joint use as an academy and schoolhouse, or a church and a schoolhouse, and that any partnership which does not secure to the district board the complete control of the house for school purposes is illegal. A district meeting may vote a tax for a fence, sidewalks, separate privies for the two sexes, wood-house, stoves, stove-pipe, and bell, aa these are held to be necessary appendages. Money may also be raised to pay for the insurance of the school- house. The schoolhouse can now be insured in those companies that require a note for part of the premium. All taxes voted must be for specific and legal objects and the specific amount raised for each or the several objects for which the tax is levied should be stated in the resolution passed by the meeting, in order that the district and the board may know the precise extent of their liability and authority. A district has power to vote a tax to enlarge a schoolhouse, notwith- standing it may have cost all that said .district is by law authorized to raise in any one year, and the tax for such enlargement does not require the consent of the town supervisors thereto. The amount re- ceived from the sale of the old schoolhouse may be added to the amount authorized by law to be raised for building in any one year, and ex- pended for the new building. 6. To vote such tax as the meeting shall deean proper for the payment of teachers' wages in the district; provided, that for such purposes, in all school districts having an average attend- ance at school for the year of fifteen scholars or less, not more than three hundred and fifty dollars shall be raised in any one year; in all school districts having an average attendance of not more than thirty nor less than fifteen scholars, not more than four hundred and fifty dollars shall be raised in any one yeai-; and in all school districts having an average attendance of not more than forty nor less than thirty scholars, not more ' ' ' ' POWERS OF DISTRICTS. 23 than five liundred and fifty dollars shall be raised in any one year. The constitution provides that the income of the school fund shall be applied to the support and maintenance of common schools, in each school district, and the purchase of suitable libraries and apparatus therefor; while section 558 provides that the money received by each district from the income of the school fund shall be devoted exclu- sively to the payment of teachers' wages. Whether these apparently conflicting provisions can be reconciled or not, it is certain that the legislature here requires that districts shall pay each year, for teach- ers' wages, an amount equal to that received from the income of the school fund. The limitations of this section apply to the amount that may be raised for this purpose by taxation, exclusive of the amount received from the school fund income. Y. To authorize and direct the sale of any school-house, site or other property belonging to the district when the same shall be no longer needed for the use of the district. The district should determine the conditions of the sale for which this section provides, if it desires to control the contract which its board is alone competent to make. 8. To impose such a tax as may be necessary to discharge any debts or lifibilities of the district lawfully incurred. By sections 435 and 436, district boards are empowered and required to do many things that may impose a debt upon the district. 9. To vote a tax not exceeding seventy-five dollars in any one year for the purchase of maps, blackboards and school ap- paratus. Outline maps, reading charts, globes and blackboards add greatly to the efficiency of schools. Boards should be guided in the purchase of school appliances by the judgment of competent teachers, and that of disinterested persons who have some acquaintance with the teach- ers' nefeds. Thousands of dollars are doubtless expended annually in this state for apparatus that is practically worthless in the school room while the most necessary helps are entirely v/anting or in sucn poor condition as to be useless. 10. To vote a tax not exceeding one hundred dollars in any one year for a district library, consisting of such books as they may direct their district board, at a district meeting, to pur- chase, said books to be selected under the advice of the state superintendent; provided, that any school district having less than two hundred children of school age shall not vote a tax exceeding fifty dollars in any one year for such library; and that no district containing a population of less than two hun- 24 SCHOOL LAWS OF WISCONSIN. dred and fifty inhabitants shall have power to levy and collect a 'tax of more than five hundrcid dollars in any one year for any purpose other than for the pni'i>oseiS prescribed in the fifth subdivision of this section, and for the payment of the princi- pal and interest of any loan due the state. Comments on the legislation relating to township and district libra- ries will he found under sections 485 — 486a. 11'. To authorize the district board to borrow money as pro- vided elsewhere in these statutes. Sections 474, 475, 476— 476a and chapters 40 and 342, laws of 1901, prescribe the manner in which, and define the purposes for which a school district may borrow money. 12. To authorize the district board to admit to the privileges of the school persons over twenty years of age and persons no't residing in the district, whenever such admission will not inter- fere with the accommodation or instruction of the scholars re- siding therein, and to fix a fee for tuition per term, quarter or year to be charged to the persons thus admitted. By this clause the district is empowered to determine whether tae persons named shall be admitted to the privileges of the school. Where the district fails to instruct the board in this matter, the board shall determine the fact and the rule under the general powers conferred upon district officers by the statutes. It is sometimes difficult for district boards to determine the liabil- ity of inhabitants for the tuition of persons in their employment or under their protection. The general rule is that a minor's residence is with his parents or parent while they or either of them is alive ana maintains a home. An orphan without a guardian takes his resi- dence with him. While it is not right to allow non-residents and per- sons over twenty to overcrowd and so impair the efficiency of the school, it is well to remember that the constant purpose of the state in the establishment and maintenance of public schools is to dissemi- nate as widely as possible the advantages of a common school educa- tion. That provision of the state constitution which requires that "sucli schools shall be free and without charge for tuition to all children between the ages of four and twenty years," implies that every child of school age is entitled to free tuition somewhere. This manifesi purpose of the state to extend the advantages of a common school edu- cation to all children within her borders, should lead school districts to exercise the authority to charge or to remit tuition with which tire law vests them in a spirit of liberality toward those children that are compelled by parental neglect to seek the equipment that the schools furnish beyond the limits of the home district. The supreme court of the state (74 Wis., page 48) laid down the rule that a child is entitled to free tuition in a district in which he is residing for other, as a main purpose, than to participate in the ad- POWERS OF DISTRICTa. £5 vantages which the school affords. It will he seen that the decision guards carefully against that interpretation of the law which would require districts to furnish tuition to those pupils who are in the dis- trict for the purpose of availing themselves of its superior school ad- vantages. See also 59 Conn., 489. The district hoard has no authority to admit non-resident children into the school contrary to the vote of the district, nor has it author- ity to exclude them after the district has voted to admit them. It is tlT^e duty of the board, in this matter, to carry into effect the instruc- tions of the district. It will be seen that the board has povv-.-^i- under section 439 to admil persons betv/een twenty and thirty years of age to the schools in cer- tain cases. This pov/er is commented upon in the proper place. The teacher has no authority in the matter of admitting or exclud- ing non-residents, but will be goveimed by the instructions of the board. 13. To aii'tliorize tlie district board to purchase text-books for use in the public schools, to be loaned or furnished pupils under such conditions as, by such vote and regulations of the board thereunder, may be prescribed. Section 440 requires school district boards to determine what books shall be used in their respective districts, and section 430b provides that the question of furnishing free text-books shall be submJtted to every annual school district meeting. It v/ill be seen that while the board has power to adopt, it has no power to purchase text-books, unless atithorized to do so by the district at its annual meeting. Books that have been adopted must be retained for three years; but boards cannot bind their districts to purchase these books at a fixed rate, or of a given house for more than one year. IG Wis., 336. 14. To detennine the Icng'th of time a school shall be taught in their district the 'then ensuing year, wh-ieh shall not be less' than six [seven] months, and whether such scliool shall be taught by a male or female teacher, or both, and whether the school money to which the district is entitled from the school fund income and from the Uavii shall be applied to the support of the smnmer or winter scl.-ool or a certain portion to each; but if such matters shall nol" be determined at the annual meet- ing the district board shall deter-mine the same. The number of days during which a school must be taught, to meet the requirements of tiie law in regard to the apportionment of school money, is one hundred and forty, and this number includes legal holidays, viz.: New Year's day, the twenty-second of February, the thirtieth day of May (Memorial day), the Fourth of July, the day of general (or fall) election, and Christmas, together with days of fasting or thanksgiving appointed by state or national authority. In order that holidays may be legally counted as part of the term, they must occur during the time school is in session, and not during any vacation period. ' ^(^ SCHOOL LAWS OF WISCONSIN. If the matters mentioned in this clause are not determined at the annual meeting, the district board must determine them; but it Is competent i:or the district at a special meeting to decide what shall be the sex of the teacher and as to the length of the term of school. It should be borne in mind that a district, at a special meeting, can- not rescind a resolution passed at an annual meeting or set aside the action of a district board when rights have been acquired by virtue of such resolution or such action. 15. (As amended bj Ctap. 351, Laws of 1901.) To author- ize the district Board to suspend the district scliool for such length of time as they may deem expedient, and to the best advantage of the district and pupils residing therein, and to an'ange with any adjoining or other district or districts, for the instruction of persons of school age residing in the district, during the time when the school may be suspended, and to pro- vide for the transportation of any, or all pupils residing there^ in, to and from the school-house in the district with which the arrangenient for their instruction is made, and to include in the tax voted at the annual meeting, the amount of the expense incurred in providing for the transportation, and for the tuition of pupils in an adjoining or other district, or districts. 16. (As amended by Chap. 351, Laws of 1901.) To vote a tax for the purpose of providing for the free transportation of any or all children residing in the district, by most direct route, to and from the school-house in the district. 17. To give such direction and make such provision as may be necessary in relation to the prosecution or defense of any action or proceeding in which the district may be a party or may be interested. The district may appoint any suitable person to represent it in a suit; but in the absence of such appointment, the director is consti- tuted the representative of the district in all suits. See section 442 and the comment thereon. 18. At the annual meeting only, to vote a tax to compensate the clerk, which, in districts supporting graded and high schools, shall be such sums as may be voted, and in other dis- tricts not more than ten nor less than five dollars. It will be noticed that the clerk is entitled to the compensation specified in this section, only when it has been voted at the previous annual meeting of the district. Whenever an annual meeting refuses to grant compensation to the clerk, or fails to vote on the question, he, like the other district officers, must serve without pay. i'OWERB OP DISTRICTS. fji^ 19. To alter or modify tlie [tlieir] proceedings as occasion may require. . ; I . « The power to repeal proceedings cannot be exercised after they have been carried into effect, so that rights have been acquired under them. When the district board has made a contract under authority of the district, the repeal of the resolution authorizing such contract will not abrogate the contract. A district can repeal a resolution to raise a tax, at any time before the warrant to collect the tax is handed to the collector; but this power cannot be exercised after part of the tax has been collected (Gale vs. Mead, 4 Hill; Smith vs. Dillingham, 4 Barbour.) When it is thought advisable to repeal a resolution it should be done in express terms and not by implication. Officers elected at an annual meeting cannot be displaced by recon- sidering or rescinding former proceedings at an adjourned meeting. When an election has been held in due form, the elective power of the district is exhausted, and the officers chosen at the annual meeting are the legal officers of the district, until by death, resignation, re- moval from the district, expiration of term, refusal to serve, or re- moval from office, a vacancy occurs proper to be filled by election or appointment. And when a person entitled to hold office has been elected, and has not refused to serve, there is no power to take it from him or to debar him from assuming its duties. Limitation on taxes. Section 430a. The total amount of scliool district tax hereafter levied in any school district in this state in any one year for building, hiring or purchasing any school building and for the maintenance of schools, including teachers' wages and. incidental expenses, shall not exceed five per cent, of the total assessed valuation of taxable property in sach school district for the current year. Vote on free text-books. SECTioisr 430&. At the annual meeting the question of providing free text-books for the use of all pupils attending the schools in the district and levying a tax sufficient to meet the expense of furnishing free text-books for the use of such pupils shall be submitted to the legal voters present at such meeting and a vote taken thereon. The chair- man shall direct the vote to be taken before entertaining a mo- tion to adjourn sine die, and upon demand of any five legal voters present the vote shall be taken by ballot if a written reso- lution upon the question be submitted, and the ballot of those favoring the resolution submitted shall have thereon the word "yes," and of those opposing the word "no." This statute was designed to supplement clause 13 of section 430. Kindergartens. Section 4:30c. (Created by chap. 298, laws of 1899.) In any school district under the supervision of the 28 SCHOOL LAWS OF WISCONSIN. county sin3erinteiident in wliicli a liigli scliool or a graded school having more than t^vo departments is maintained the question of establishing and maintaining by the levy of a tax therefor as many kindergartens as will be required to accom- modate the children of such district betAveeii the ages of four and six years, allov/ing forty pupils to each kindergarteiT may be submitted at the annual meeting to the legal voters present and a vote taken thereon as in the case of a vote on free text- books. Section 430cZ. (Created by chap. 298, laws of 1899.) The board of education in any city of the third or fourth class whether organized under the general law or special charter, at the time of certifying to the city clerk its yCiarly estimate of the expenses of the public schools under its charge, shall certify also separately an estimate of the cost for the school year of as many kindergartens as will in their judgment be required for the accommodation of the children of said city between the ages of four and six j^ears. The council shall take action thereon. If the whole or a part of the estimate be apj^roved, the council shall make an a]3propriation of the amount approved by them for tliat purpose, vdiich shall be in addition to the other funds appropriated for school purposes and shall be used only for the support of such kindergartens. This chapter commends itself to those who are in favor of the es- tablishment of kindergarten departments, either in the country or in cities of the third and fourth classes. For legal qualifications of kindergarten teachers, see chapter 347, laws of 1901. DISTRICT OFFICERS. 29 ir -DISTRICT OFEICERS. Elections, terms and acceptance. Section 431. The officers of the district shall be a director, treasurer and clerk, who shall be residents of the district and hold their respective offices for three years and until tlieir successors have been elected or ap- pointed, but not beyond ten days beyond tjie expiration of their term of office without being; again elected or appointed; provided, that at th^e first election of such officers in any newly- organized district tlie clerk shall be chosen for one year, the treasurer for two years and the director for three years; and thereafter each officer shall be chosen for three years. Any per- person present at a ineetiiig' at which he shall be elected one of the board shall be deemed to be notified thereof; and any per- son so elected and not present shall be notified thereof by the clerk of said meeting within five days thereafter; and unless each person elected and notified shall within ten days after his election file with the clerk his refusal in writing to accept the office he shall be deemed to have accepted the same. See Forms Nos. 15 and 16. For law relating to Echool boards of seven members, see chapter 317, laws of 185'9, as amended by chapter 205, laws of 1901, found luider section 430, relating to powers of districts. In reckoning the terms of district officers, the time from the first meeting of a legally organized district to the first annual meeting, no matter how short that may be, is to be considered a year, because all subsequent elections must take place at the annual meetings of tiie district; hence, at the first annual meeting after its organization tne district will elect a clerk, at the second a treasurer, and at the third, a director, each for a term of three years. . Ordinarily, but one district officer will be elected at an annual meeting, but it will sometimes be necessary to fill the unexpired terms of those who have vacated their offices. Section MS restricts districts in their choice of treasurers; and pro- vides that they shall hold their offices until their successors are elected or appointed, and qualified by filing the required bonds. Section 513 makes women twenty-one years of age eligible as school district officers. Persons that have declared their intention to become 30 SCHOOL LAWS OF WISCONSIN. citizens are eligible to district offices. The supreme court in 14 Wis., 539, held that,— "As to all such governments it is an acknowledged principle which lies at the very foundation, and the enforcement of which needs neither the aid of statutoiT nor constitutional enactments or restric- tions, that the government is instituted by the citizens for their lib- erty and protection, and that it is to be administered and its powers and functions exercised only by them and through their agency." The doctrine laid dov/n in this decision applies to women as well as to men. A married woman's legal status is determined by that of her husband. District board. Section 432. The director, treasurer and clerk sliall constitute tlie district board. Meetings of the board naay be called by any two members thereof by serving on tliQ other member a written notice of the time and place of such meeting at least twenty-four hours before such meeting is to take place. ISTo act authorized to be done by the board shall be valid unless voted at i'te meeting. ISTo fonual notice of a meeting will be required v/here all members are present and con- sent to consider matters relating to the district. The decision of a majority at a meeting properly convened, is the decision of the board, but the decision of a majority, or even of all three, under other circumstances, is not the decision of the board. It is merely the concurrent opinion of the members, and is no more the decision of the board than the concurrent opinion of the members of the legislature, arrived at by taking their separate votes at their re- spective homes, would be an act of the legislature. 37 Wis., 54; 59 Wis., 518. It was herd in 16 Maine R., 185,. that the dismissal of a teacher by two, a majority of the board, was illegal, because the third was not notified, although he was out of town. The court say: "That does not allow the majority to dispense with the rule requiring notice. They are not in such cases constituted the judges whether the notice would be effectual to secure his attendance. Nor would it be entirely safe to entrust them with such power, as it would afford an opportunity to select an occasion when they might judge that a notice would be ineffectual, and thus, by neglecting to give it, free themselves from the presence of a dissenting minority. It may often happen that those villi be able to attend, who were believed to be so situated that their attendance could not be expected. Nor is there any difficulty in giv- ing the requisite notice in such cases, as one left at the usual place of residence would be sufficient." A single member of the board may be authorized to carry out a vote or determination of the board, such as making a purchase, en- gaging v/ork to be done, etc. In Nevil v. Clifford, 63 Wis., 435, the court held that: 1. The school board has the power to build a schoolhouse out of funds provided by the district for that purpose, but has no power to build, or cause to be built, a schoolhouse, and then make the cost of the building a charge against the school district. 2. The voters at a school district meeting cannot authorize tMe school DISTRICT OFFICERS. 3I board to contract a debt on behalf of the district, or to levy a tax; in an amount beyond the limit of their own powers in that behalf. 3. Nor can a school district ratify a contract or acts of the school board, which it would have no power to authorize in the first instance. 4. A school district though containing less than 250 inhabitants may borrow a sum exceeding $600 for the purpose of building a school- house, if the money is borrowed on such terms that it will not be necessary, in order to repay it, to levy a tax exceeding $600 in any one year. Subd. 11, sec. 430, and sees. 474, 475, 476, 476a, statutes of 1898, and chapters 40 and 342, laws of 1901. Filling vacancies. Sectioit 433. The board may fill by ap- pointment any vacancy that may occur in their number within ten days after such vacancy shall occur; and if such vacancy shall not be so filled ilve toA^al or village clerk, and in the case of a joint district the clerk of the town or village in which the school-house is situated, shall fill such vacancy by appoint- ment. Any person upon being notified of his appointment shall be deemed to have accepted the same unless within five days thereafter he shall file with the clerk or director a written refusal to serve; and any person so appointed shall hold office until the next annual meeting, at which the electors shall fill such vacancy for the unexpired term. See Forms Nos. 17, 18 and 19. Section 962, of the Wisconsin statutes, declares when offices become vacant. That section is here inserted: Section 962. Every office shall become vacant on the happening of either of the following events: 1. The death of the incumbent. 2. His resignation. 3. His removal. 4. His ceasing to be an inhabitant of the state: or if the office be local, his- ceasing to be an inhabitant of the district, county, town, city or villaee by or for which he shall have been elected or appointed, or within which the duties of his office are required to be discharged. 5. His conviction of any infamous crime, or of any offense involv- ins; violation of his official oath. 6. The decision of a competent tribunal declaring void his election or aprointment. or adjudging him insane. 7. The neglect or refusal of any person elected or appointed or re- elected or re-apDointed to any office to give or renew his official bond, or to deposit the same in the manner and within the time prescribed by law. 8. The neglect or refusal of any officer in office to execute and file an additional bond, when lawfully required, in the manner and within the time so required or prescribed by law. 9. The death or declination in writing of any person elected or appointed to fill a vacancy, or for a full term, before he qualifies, or his death or such declination before the time when, by law, he should enter upon the duties of his office, to which he was elected or ap- pointed. 33 SCHOOL LAWS OF WISCONSIN. 10. On the happening of any other event which is declared by any special provision of law to create a vacancy. This section introduces authority for the- village clerk to appoint members of district boards, or members of boards of joint districts, in all cases where the members of the boards themselves fail to fill a vacancy in their own number. This power of appointment by the village or city clerk dees not ex- tend beyond the limits of the district in which an organized village or city is located. "When a vacancy in the board of a joint school district has not been filled by the board itself within ten days, such vacancy must be filled by appointment made by the clerk of the town, village or city in which the school house of the joint district is situated. By this section it is made the duty of the town, city or village clerk to fill a vacancy in a district board when he is officially informed of its existence; but his function is administrative, not judicial, and does not clothe him with authority to inquire into the validity of an officer's electon or appointment, or to declare an office vacant. The sufficiency of the treasurer's bond must be determined by the directors and clerk, but they are bound to exercise a sound discretion and may not use this power to defeat the will of the district. "The wilful and unjust refusal of the officer required to approve the official bond of a person elected or appointed to an office, to give it his approval, cannot deprive such person of his office or create a vacancy therein. "If the failure of a person appointed to an office to file his official bond within the tihie prescribed was due to no neglect or default on his part (as where the officer required to approve such bond withheld his approval on the ground that the appointment was invalid), such appointee may, after judgment in his favor in an action to oust an usurper from the office, file his bond and do any other act necessary to entitle him. to discharge the duties of the office." See section 3471, W. S.; 65th Wis., 510. The word "town" may be construed to include all cities, wards, or districts, unless such construction would be repugnant to the pi'ovi- sions of any act specially relating to the same. Subd. 17, sec. 4971, W. S. The power of a district board to fill a vacancy continues but ten days; if they do not fill it in that time, the duty devolves, upon the town clerk. But neither the board nor the town clerk is authorized to act judicially, and set aside an election, where an officer is deemed to have been elected illegally. Such person having been declared elected, and having entered upon the office, will be held to be an officer cle facto until the illegality of his election is determined by compe- tent authority. In other cases the board of the town, city or village clerk, before making an appointment, must of necessity decide in view of the facts that a vaca,ncy exists, and in the order making the appointment, the facts which have caused the vacancy should be stated. In case of expiration of a term of service, and no election to fill the vacancy, it is to be understood that the term does not actually expire until ten days after the annual meeting. The board then has power, for ten days, to fill the vacancy; and the town clerk has therefore no power to fill it until twenty days after the annual meeting. In case of a single vacancy in the district board, those in office pos- sess all the powers of a full board for the purpose of filling such va- cancy, but if two vacancies exist at the same time, the remaining mem- ber cannot fill them. It must be done by the town clerk. DISTRICT OFFICERS. 33 A person should not be re-appointed who refuses to serve, or whose resignation has been accepted. The statute regards the penalty for refusing to serve as an equivalent for the service. (See section 500.) In case of appointment, the term of office of the appointee expires at the next annual meeting, and if a successor is not then elected, the incumbent cannot hold the office more than ten days after the annual meeting. It then becomes the duty of the board to fill such vacancy, and if they neglect to fill.it, this duty devolves on the town clerk. Vacancy. SECTioisr 433a. When the clerk, director or treas- urer shall be and remain absent from the district for which he was elected for a period exceeding sixty days his office shall be deemed vacant. Purchase, etc., of school-house. Section 434. When law- fnlly directed by the electors the board shall purchase or lease the site for a school-house desigiiated by the district, build, hire or purchase a school-house out of the funds provided for that pui-pose, and sell and convey any site, school-house or other pro]3erty of the district. See Form No. 20. A school district is a corporate body, and as such has perpetual suc- cession and existence in its corporate name, and the capacity to hold real and personal estate for its corporate purposes. It possesses this power as a legal body wholly distinct fi'om the individuals who from time to time compose it. The district can act as a corporation only through its officers. The power to purchase or lease a site for a schoolhouse, or to build, hire or purchase a schoolhouse, or to sell any schoolhouse, site or other property, belongs exclusively to the district board. It is often the case that a building committee is appointed by the district to superintend the erection of a schoolhouse. Although the law contemplates no such committee, there may be no serious ob- jection to it, if it can aid the board by its advice and services in car- rying out the wishes of the people. But the district board alone has power to bind the district by a contract, written or verbal, and the district has no power to supersede them by appointing a building com- mittee, or any other agents. A stringent contract, which in all cases should be in writing, with proper provisions for the adjustment of any questions that may arise under it, should be made The inhabitants of a district assembled in district meeting, should give plain and specific instructions to the district board in regard to the matters referred to in this section. All votes relating to pur- chase or sale of a site, schoolhouse, or other district property, should be taken by yeas and nays, and all proceedings should be entered at length upon the record book of the district. Care of property; use of school-house. SECTioisr 435. The board shall have the care and keeping of the school-house, books, apparatus and other property of the district, except that especially confided by law to the clerk, and before each annual 34 ■ SCHOOL LAWS OF WISCONSIN. meeting they shall make and deposit with the clerk of the dis- trict an inventory thereof; keep the school-house in good con- dition and repair, and provide all necessary appendages dnring the time a school shall be taught therein. They may grant th'6 request of any responsible inhabitant of the district to oc- cupy the school-house for such public meetings as will, in the judgTiient of the board, aid in disseminating intelligence a,nd promoting good morals; any such licensee shall be answerable, and if there be no responsible licensee, the members of the board shall be persona.lly liable to the district for any injury done to any property and for any expense incun-ed by, at or in consequence of any such use of the school-house. The books and records of the district are by law committed to the care of the clerk. The board has exclusive control of all property belonging to the district. It is the duty of the board to provide the necesssary appendages for the schooTlaouse, without waiting for instructions from the people of the district. They are also required to keep the schoolhouse in good condition and repair during the time a school shall be taught therein. This dutj^ should be promptly and efficiently performed. Under this section, the board has power to cause to be built suitable out-houses, and to provide blackboards, and other things necessary to the success- ful management of the school. It may be v/ise for district officers to be guided by the expressed wish of the district concerning matters which this section commits to their care; but no vote of the electors of a district can divest its officers of the authority or relieve them of the responsibility with which the statute clothes them. In the exercise of the discretion confided to the board under this section it should distinguish between things necessary and things un- necessary, though perhaps desirable. A stove is a necessity; an or- gan is not. This power is limited by the power to raise a tax prescribed in subds, 5 and 8, sec. 430; and is also conditional upon the allowance of the account of the board at a district meeting, as provided in sec. 436, excepl;, where the district has already provided a fund and directed the board to purchase and pay for such appendages therefrom. A purchase of seats for a schoolhouse by the board before the district has voted to raise any m-oney therefor is void unless the account be allowed by the district or the purchase be in some manner ratified by it. The allowance of such account is a condition precedent to the levying of a tax therefor. Retaining and using such seats is not a ratification of the express contract made by the board therefor, when such contract was never presented to the voters of the district, and there is no evidence to show that they knew its terms. But such retention and user amount to an approval of the payment of the pur- chase price for such seats by the board: Kane v. School District, 52- Wis., 502. But if the term.s of such contract had been made known to the voters of the district at some meeting thereof, and they had failed to act thereon and had afterwards authorized the district officers to use the articles purchased, probably this would have bound the dis- DISTRICT OFFICERS. 35 trict to pay the agreed price — certainly to pay the real value: Ibid. See note to section 434. The use By the district of articles purchased by the board or one of its members without authority does not bind it to pay for them: Taylor v. District Township, 25 lov/a, 437; Johnson v. School District, 67 Mo., 319. Purchase of maps, books, etc. Section 436. The board may purcliase sucli books, blanks and stationery as are necessary for keeping a record of the proceedings of meetings and the account of the treasurer, and for doing the business of the district in an orderly manner, such maps, charts, globes and school appa- ratus as are approved by the state superintendent or by the county superintendent for the use of schools, not exceeding seventy-five dollars in value in any one year, and such school books as in their judgment may be necessary for the use of any children attending school in their district whose, parents and guardians may not be able to furnish the same. All sijch pur- chases shall be approved at a regular meeting of the board at which all the members are present. The board shall keep an accurate account of all expenses incurred by them under the provisions of this section and present an itemized statement of such purchases to the annual meeting. The apparatus most likely to be useful in the public schools will in- clude reading charts, writing charts, numeral frames, outline maps, color charts, blackboards, clock, call bell, thermometer, micro, scope and magnet. See comments under paragraph 9, sec. 430. It is wortli while to emphasize that provision of the section which requires that, "All such purchases shall be approved at a regular meeting of said board, at which all the members thereof shall be present." No contract made in violation or neglect of this plain re- quirement will bind the district, and all questions as to payment of the purchase price of any school apparatus contracted for without the regular meeting of the board must be settled by the firm or agent and the school officers as individuals. They and not the district assume all resDonsibilities. It will be noticed that boards are restricted to the purchase of such apparatus as has been approved by the state or county superintendent, and boards will often find the advice of disinterested school men a safer guide than their own unaided judgments. Flag's. Section 4:36a. Every board of education or district board shall purchase at the expense of the city, town, village or district to which it belongs and display in each school-room or from a flag-staff on each school-house or on the grounds thereof a flag^of the ITnited States, and purchase in like man- ner whatever may be needed for the display or preservation of the flag. 36 SCHOOL LAWS OF WISCONSIN. ^ The above section is compulsory. When a flag is purchased, the dis- trict board should make some provision for properly caring for it. If left exposed to the weather it will be quickly destroyed. The teacher should exercise the same control over it that it is his duty to exercise in regard to other district property placed in his care during the school term, and the district clerk should care for it during vacations. Deficiency in tax; Section 437. If any district, at its an- nual or at a subsequent special meeting prior to the tliircl Mon- day of ISToveniber following, shall not vote a tax siifEcient to' maintain a school for the term of six [seven] months during the ensuing year, the board, on or before the Wednesday next following said third Monday of ISTovember, shall determine the sum necessary to be raised to maintain such school, and the clerk shall forthwith certify to th-e town clerk the amount so fixed, who shall assess the same as other district taxes are as- sessed; and all school money received from the school fund in- come shall be applied exclusively to the payment of teachers' wages. While the law has restrained districts on the one hand, from voting excessive taxes, it has also provided a security against the parsimony or negligence that would sometimes fail to open schools at all, or that would open them for an insufficient period. Seven months' school in each year is the smallest amount that entitles a district to share in the income of the school fund. Not to provide for at least this amount is a wrong to children, and an injury to the public good. The district board is therefore charged with the duty of making this provision, if it is not done by the district. The neglect to do this is punishable by fine, or removal from office. See sections 507, 4549 and 4550. Contract witli teacher. Section 438. The board shall con- tract with qualified teachers, specify in the contract the wages ])er week, month or year to be paid, and when completed file the contract, with a copy of the certificate of the teach'cr so employed attached thereto, with the clerk., 'No contract with any person not holding a diploma or certificate authorizing him to teach shall be valid ; and all such contracts shall terminate if the authority to teacli expire by limitation and be not re- newed or be revoked. See Form No. 21. The duty here devolving upon the district board, like any other act performed by it, must be preceded by a regular meeting, as provided for in section 432. The district board has no authority whatever for paying money from the district treasury for the services of a teacher who has not been hired strictly in accord with statutory direction. See section 43"2 and the comments thereon. Through failure to comply with the law, district officers render themselves liable to. serious pecu- niary loss. DISTRICT OFFICERS. &1 Two of the board may be in favor of hiring a certain teacher, and may think that because they are a majority there is no need of a meet- ing to consider the subject. But each member of the board has an equal right to be heard. Two of the board have no right to assume that the other member hiay not be able to give good reasons for hiring some other person than their candidate. Common courtesy as well as the law requires a meeting for deliberation. In negotiating for a teacher, the board should first of all ascertain that the person is legally "qualified." The only legal evidence of this is an unexpired certificate from the proper superintendent. If the county be divided into two superintendent districts, the certificate must be from the superintendent of that division of the county in which the school is to be taught. In case of a joint district not wholly wfthin the jurisdiction of one superintendent, the certificate must be from the superintendent within whose jurisdiction the school- house is situated. A certificate has no validity or force beyond the county or jurisdiction within which it is given, although "indorsed" by some other superintendent. The contract is of no force unless signed by at least two members of the board. It is better that it be signed, by all. There is no authority for making a contract whereby the teacher engages to board with the parents of the children. The employment of any member of the district board to teach the school is not strictly forbidden by statute; nevertheless, it must be considered illegal, because against public policy; and a contract by a majority of the board with one of their own number, could not be en- forced. 25 Wis., 551. ' The binding character upon the district or vipon the in-coming board, of contracts with teachers to extend beyond the close of the school year, is conditional. (16 Wis., 336.) But if such contract be allowed to stand, the district v/ill be liable for servises rendered under it. The selection of the teacher and the amount of his compensation are committed to the discretion of the board. The board may respect the expressed wish of the inhabitants, but the duty and responsibility of action in these matters remains with it. The teacher's security lies, first, in securing legal qualification to teach; second, in securing a legal contract. A verbal agreement may be incapable of proof, and m^y be broken. A teacher holding a legal contract may be dismissed for cause, dur- ing its continuance, but the burden of proof always rests with the party that terminates a legal contract. A teacher prevented from rendering full service by the destruction of the schoolhouse, or by the suspension of the school by order of the board, on account of the prevalence of a contagious disease, if ready at all times to render the service for which he contracted, may recover full compensation. 50 Vt, 30; 43 Mich., 480. A minor possessing the qualifications may, with the assent of his father, contract with a board to teach school. The law seems to con- template that the contract shall be made with the teacher, not the father. If no agreement is made by the father to relinquish the minor's wages he may maintain an action against the board for them: Mona- ghan V. School District, 38 Wis., 100. Eules — Expulsion of pupils. Section" 439. The board may make all rules needful for the govermiient of the school, such rules to take effect when a copy of the same^, signed by a ma- 3^ SCHOOL LAWS OF WISCONSIN. jori'ty of tlie board, is filed with the clerk; may suspend any piij)il from sctool for non-compliance with the rules made by themselves or by the teacher with their consent; may expel any pupil Vv^henever, upon due examination, they find him guilty of persistent refusal or neglect to obey the rules of the school and become satisfied that ttie interests of the school demand his expulsion; and may admit free of tuition any person be- tween twenty and thirty years of age residing in the district to any school under their control when in their judgment it will not interfere with the pupils of school age. The board has power to make all needful rules and regulations for the organization, gradation and government of the school, and to sus- pend any pupil for non-compliance with reasonable rules established by it, or by the teacher with its consent. 35 Wis., 59; 45 Wis., 150. But in matters of this kind the board will, in the main* be guided by the advice of the teacher. While the teacher is subordinate to, and must execute the orders of the board, he is responsible for the con- duct, discipline and progress of his pupils, and should, generally, be allowed to decide as to the means and methods of discharging this responsibility. Rules adopted, or approved by the board, should be recorded in its minutes. While there is no doubt as to the authority of the board to expel a pupil for continued insubordination or gross immorality, humanity demands that all other remedies should be exhausted before resorting to this extreme measure. It is the province of the schools to make good men and good women from such material as is furnished by the several communities. Their efficiency is commensurate with their power to incite the love of right things. It becomes the duty of a school board to expel a pupil whenever it is convinced that his coni'inuarce in school v/ill result in its demor- alization, or in the conta\iiination of his fellows; but the proof on which the convictiot. rests should be indubitable. It should be re- membered that the object of school discipline is to reform and re- store. If the board neglects to make rules for the government of the school, the authority of the teacher to enforce obedience to reasonable requirements is unquestionable. The teacher may quell insubordination by corporal punishment or by suspension. But these are extreme remedies, and are justifiable only where other means fail, or are plainly inadequtae. Courts have uniformly sustained the authority of school boards to make and enforce rules requiring pupils to bring written excuses for absence and tardiness under penalty of suspension. The rule must* be reasonable, and must be enforced in a reasonable manner. If a school board should authorize suspension for absence occasioned by a violent storm, by the illness of the child, or by illness or death in his family, the rule would be unreasonable and therefore illegal. Barring schoolhouse doors against tardy children in cold or stormy weather would be cruel, and would not be sustained. Not unfrequently there is a disposition to question the teacher s right to enforce his authority by the infliction of corporal punishment. It should be borne in mind that the teacher who contracts to manage DiSTillCT OFFICERS. gc^ a public school undertakes to do something more than merely to pre- scribe lessons and hear recitations. He assumes to govern the school, to maintain quiet and order in and about the schoolhouse, and to compel such conduct on the part of the pupils as shall best conduce to their own welfare and that of the school as a whole. This author- ity would be nugatorj^ if the teacher were not armed with some co- ercive power. Accordingly, the supreme courts of nearly every state in the union have held, with singular unanimity, to the determina- tion that tTie teacher has the right, in the execution of his duty, to inflict corporal punishment. Our own supreme court, in 45 Wis., p. 150, held that, "A teacher is responsible for the discipline of his school, and for the progress, conduct and deportment of his pupils. It is his imperative duty to maintain good order and to require of his pupils a faithful performance of their duties. If he fails to do so, he is un- fit for his position. To enable him to discharge these duties effectually, he must necessarily have the power to enforce prompt obedience to his lawful commands. For this reason the law gives him power, in proper cases, to inflict corporal punishment upon refractory pupils." The courts have held as uniformly that the teacher v/as liable for the castigation of his pupils only when the punishment was unreasonable, or was inflicted from malicious motives. It has also been held that the teacher is the best judge both of the need and the measure of pun- ishment. There are many circumstances tending to determine the guilt of the pupil which cannot be set up in evidence, — such as the manner of tlie pupil, his tone of voice and general conduct. Still, the infliction of physical pain has little educational value, and a wise teacher will seldom resort to this method of securing obedience. Attendance at school. Section 439a, as amended by cliap. 251, laws of 1901. Any person having nnder Ms control any child between the ages of seven and fourteen years shall canse snch child to attend some public or private school for at least twelve weeks in each school year; provided, that tliis section shall not apply to any child who is being otherwise instructed "in the elementary branches of learning for a like period, or who has already acquired such knowledge, or whose mental or physical condition is such as to render his attendance at school and application to study inexpedient or impracticable, or who lives more than two miles from any school by the nearest trav- eled road, or Avho is excused for sufficient reasons by any court of record. Any person who shall violate the provisions of this section shall forfeit not less than three dollars nor more than twenty dollars for each offense. Duty of officers. SECTioisr 4396. It shall be the duty of the director or the president of any board of education, or any tru- ant officer appointed by such board of education, to sue for any forfeiture under the preceding section, and any such of- ficer neglecting so to do within fifteen days after a written no- 40 School laws of Wisconsin. tice lias been served upon liini by any qualified elector or tax- payer within the district, village or city within which the of- fending person shall reside shall himself be liable to a forfeiture of not les6 than ten nor more 'than twenty dollars for each of- fense, Truant officers. Section 439c. The board of education or the district board may appoint on© or more truant officers, whose duty it shall be, acting discreetly, to apprehend upon view all children between seven and thirteen [fourteen] years of age who habitually frequent or loiter about public places and tave no lawful occupation, and place such children, when so apprehended, in such schools as the parent or other person having the control of such childre] may designate. And such officers shall report all cases of truancy to their respective boards within a reasonable time. Such truant ofiicers shall be entitled to such compensation, to be paid out of the school fund, as shall be fixed by the boards appointing them. Use of forfeiture. Section 439fZ. The forfeiture herein provided for, when collected, shall be paid over to the proper treasurer, to be accounted for by him as money raised for school IJui'poses in the city, town, village or district in wLieh the per- son suffering the forfeiture resided at the time thereof. Census officer's duty. Section 43 9 e. It shall be the duty of all officers empowered to take the school census to ascertain the number of children between the ages of seven and thirteen [fourteen] years in their respective districts, the number of ct'ildren between such ages who did not attend school, and, as far as possible, the cause of such failure to attend, school. The five preceding sections are based on chapter 187, 1891, which took the place of chapter 519, 1889, and was a substitute for all previous compulsory attendance legislation. The law requires every person having control of a child between the ages of seven and fourteen years to send such child to school at least twelve weeks in each school year, unless he is suitably instructed otherwise in the elementary branches of learning, or has acquired such knowledge. Children whose mental or physical condition, or whose remoteness from a schoolhouse renders their attendance at school unwise or inexpedient, are also exempted from the requirements of this act. Penalties are provided for violation of this law. It is made the duty of the director of a district or president of a board of edu- cation to enforce the law, and for neglect of such enforcement such school officers are rendered liable whenever complaint is made by an elector or taxpayer. The law also provides for the appointment and CHILD LABOR. 41 compensation of truant officers, whose special duty it shall he to se- cure the attendance of children who become loiterers in public places. Fines collected under this act are devoted to the support of the local public schools. And it further provides for taking the annual school census in such a way as to reveal specifically the number of persons within the ages prescribed, and who of them did not attend school during the year preceding. CHILD LABOR LAW. Child labor law. (Chapter 2Y4, laws of 1899, as amended by chapter ISS, laws of 1901, relating to child labor.) Section 1. No child nnder fonrteen years of age shall be employed at any time in anj factory or workshop, bowling alley, bar room, beer garden, or in or abont anj mine. 'No such child shall be eni- jjloyed in any mercantile establishment, laundry, or in the tele- graph, telephone or public messenger service, except during the vacation of the public schools in the town, district or city where such child is employed. Section 2. It shall be the duty of every person, firm or corporation, agent or manager of anj firm or corporation em- ploying minors in any mercantile establishment, store, office, laundry, manufact\iring establishment., factory or workshop, bowling alley, bar room, beer' garden, or in the telegraph, tele- phone or public messenger service within this state to keep a register in said mercantile establishment, store, office, laundry, manufacturing establishment, factory or workshop, bowling alley, bar room, beer garden, in which said minors shall be employed or ]:)ermitted or suffered to work, in which' register shall be recorded the name, age, date of birth, place of resi- dence, of every child employed or pennitted or suffered to work therein under the age of sixteen years, and it shall be unlawful for an}^ person, firm or corporation, agent or manager of any finn or cor-poration to hire or employ or to permit or suft'er to work in any mercantile establishment, store, olfice, laundry, manufacturing establishment, factoiy or workshop, bowling alley, bar room, beer garden, telegraph, telephone or public meeseiiger seiwice, any child under the age of sixteen years unless there is first provided and placed on file in such mercan- tile establishment, store, office, laundry, manufacturing estab- lishment, factory or Avorkshop, bowling alley, bar room, beer garden, an affidavit, made by the parent stating the name, date and place of birth and name and place of th'e school attended 42 " SCHOOL LAWS OF" WISCONSIN. , ' ' by such cliild. If such, child have no parents or guardian, then such affidavit shall be made by the child, and the register and affidavit herein provided for shall, on demand, be produced and shown for inspection to the factory inspector, assistant factory inspectors or any officer of the bureau of labor and industrial statistic^. - , Sectiojst 3. Whenever it appears upon due examination that the labor of any minor over twelve years of age, who would be de- barred froin employment under the provisions of section 1 and section 3 of this act is necessary for the support of the family to which! said child belongs or for its own support, the county judge of the county where said child resides, the commissioner of labor or any factory or assistant factory inspector may in the exercise of their discretion issue, free of charge, a permit or excuse authorizing the einployment of such minor within such time or times as they may fix. At the suggestion of the factory inspectors and the department of labor statistics the above chapter giving the law relating to child labor is printed in this connection for the convenience of school offi- cers and parents who may not have easy access to the statutes or the session laws. TEXT-BOOKS. Choice and change of text-books. Section 440. The board shall determine what text-books shall be used in the school, make a list of such books, file a copy with; the clerk and keep a copy posted in the school house. When text-books shall have been so adopted (except in districts furnishing free text-books to all pupils in the school) they shall not be ch^anged for the term of three years, nor shall any change of text-books be made in the school (except in districts so furnishing free text-books) until authorized by a majority vote of the legal voters of the district at the annual meeting; and it is hereby made the duty of the clerk to embody in his notice of such meeting the fact that the question of a change of text-boolis will then be sub- mitted. The purpose of this section is to exempt districts furnishing free text-books from that provision of the original statute that requires district boards to retain adopted text-books at least three years; and permits them to change them only when authorized to do so by a vote of the district at an annual school meeting. This section removes this restriction from districts that furnish text-books free, and leaves the adoption and change of text-books to the discretion of district boards. Experience has clearly shown that the plan of furnishing "^ ■ TEXT-BOOKS. 43 text-books' free to pupils in districts and cities is the most satisfactory, and much less expensive to the district or city as a whole than any other plan so far devised and provided for by law. It enables school boards to furnish each pupil in the district with necessary and suit- able books of the best kind at once upon entering school and at a cost to the district of from one-third to one-half of what is usually paid out by parents during the school life of their children. It is found in many cases that the first cost of introducing the free text-book sys- tem is the greatest objection to the plan. This may be overcome by the gradual introduction of the system. For instance, if the electors of the school district should at the an- nual meeting vote to adopt free text-books, and the directions to the district board v/ere to furnish readers, language books, and grammars only for the coming year, the expense vv^ould be slight. Next year the electors might extend the system by authorizing the board to procure geographies, spellers, and arithmetics, and other needed books might be provided for later. The books are handled under this system by the school district board, and they are placed directly in the charge of the district clerk when the school is not in session. It is his duty to see that they are placed in the schoolhouse at the beginning of each term and he should keep in connection with the other district record required by law, a complete record of all books purchased by the board, furnished to the teacher by him, and received from the teacher at the close of the year or each term. The teacher should take charge of issuing the books to the pupils, and should keep a record of all books so issued, a record of their return by the pupils, and make some note as to the condition of the books when received. If properly cared for, the books should be serviceable for from five to six years, and after the first adoption the district will only be under the neces- sity of making provision to supply books that have been worn out or lost. If books are carelessly handled or destroyed by the pupils, the pupils or their parents should be held to, account for the amount of the loss. Same in cities. Section 440a. Tiie board of education in any city sliall determine wliat text-books sliall be used in its schools, make a list of sucli books, file a copy with their clerk or secretary and keep a copy posted in each school building. When text-book.s shall have been so adopted, except in a city which furnishes free text-books to the pupils in its public schools they shall not be changed for three years. In any city where the district system is not in force the board of education may, under the limitations of this section, order changes in text-books as aforesaid. Such changes, except as to free text-books as aforesaid, shall be approved by the city council; and the board of education may purchase text-books for use in its schools, and loan or furnish them to pupils under such conditions or regu- lations as they may prescribe. But no text-books , which would have a tendency to inculcate sectarian ideas shall be used in any public school. 44 SCHOOL LAWS OF WISCONSIN. Penalty. Section 4406. Every member of the district board or of a board of education, when a list of text-books has been adopted according to law, who shall, within three years from the date of such adoption, order a change of text-books in his district or city shall forfeit the sum of fifty dollars. This is. applicable to all school officers except those of districts and of cities furnishing free text-books. >( By the above provisions, it will be seen that in the first instance, be- fore any list of text-books has been adopted for use in the district, the district board is authorized and required to adopt such a list, file one copy with the clerk, and post one copy in the school room. After this list is adopted, no change in that list can be made for three years, and thereafter only when the district, at a regular annual meeting, shall authorize the board to make changes therein by a vote of the majority of the voters present. It is always safe to presume, when there is considerable uniformity of books in use, that a list has been adopted at some time, although no list can be found in the file of the clerk, or posted in the school room; no changes should be made until the electors authorize the board to do so. In regard to a meeting of the board, the only safe plan is to call and hold a meeting as provided in section 432, before acting upon any important matter like that of changing or adopting text-books, hiring teachers, etc., etc., and the attention of school officers is par- ticularly called to the fact that the electors at a school meeting have no authority to change text-books within three years after their adop- tion; that the electors at any special meeting cannot authorize a change, and that there is no authority for making contracts with publishing houses for a specified time. School boards ai-e charged with no more delicate duty than the one imposed by these sections. The law imposes upon district boards the duty and the responsibility of adopting text-books for the schools. In the discharge of this duty boards will do well to call to their aid the teacher and those best acquainted with the actual merits of the books. Such persons will be the best judges of the adaptation of the books to the needs of the school. Board to visit school. Section 441. The board shall visit the school, examine into its condition, advise with the teacher in regard to the instruction, government and progress of the pupils, and exercise such general supervision as may be neces- sary to carry out the provisions of this chapter. Insurance. Section 441a. Any district board or board of education may insure the school property, and, if necessary, execute a note for the premiums. ' , ■ SCHOOL OFFICERS— SPECIAL DUTIES. 43 ": • SCHOOL OFFICERS— SPECIAL DUTIES. ': DIRECTOR. His duties. Section 443. It shall be the duty of the director of each district : 1. To countersign all orders legally drawn by the clerk upon the treasurer of the district. 2. To appear for and on behalf of the district in all actions brought by and against it, when no other direction shall have been lawfully given at a district meeting. 3. To cause an action to be prosecuted in the name of the district on the treasurer's bond in case of any breach of any con- dition thereof, and to apply all money when collected to the use of the district as the same should have been applied by the treas- urer. The words "legally drawn," in the first clause of this section, make it the duty of the director to ascertain that orders on the district treasury have been drawn in accordance with law, before affixing his signature thereto. By the provisions of subdivision 17, of section 430, the district has power, at any meeting duly called, to give such direction and make such provision, as may be deemed necessary in relation to the prose- cution or defense of any action or proceeding in which the district may be a party or interested; and unless some other person is desig- nated to perform the duty, the director is required to bring suit and carry out the will of the meeting. In case of a breach of the treasurer's bond it is the duty of the di- rector to commence proceedings to protect the interests of the district at once, without waiting for the action of a district meeting. He may also bring suit for an injury to a schoolhouse without direction from the electors. 21 Wis., 657. If an action is commenced against the district, the director must appear in behalf of the district, without waiting for authority from a district meeting. The district may, however, designate some other person to act as its representative in the defense. TREASURER. Bond. vSection- 443. The treasurer shall, within ten davs after his election or appointment, execute to the district and file with the clerk a bond, in double the amount, as nearly as can be ascertained, of all the money of the district to come into his hands, with sufficient sureties conditioned for the faithful dis- charge of his duty and approved by the director and clerk. He shall hold office until his successor be elected or appointed audi 46 SCHOOL LAWS OF WISCONSIN. qualified as herein provided. Whenever the director and clerk shall deem the bond of the treausrer insufficient thej shall de- mand an additional bond in such sum as they shall fix, condi- tioned, approved and filed in the manner aforesaid, within ten days after such demand. The neglect or refusal to file such bond in either case shall vacate the oflioe. jSTeither the director, clerk nor teacher shall hold the ofiice of treasurer in his own dis- trict. See Forms Nos. 22 and 23. School district treasurers hold their offices until their successors are electe'd or appointed, and qualified ty filing the required bond. A neglect to file the bond completed and approved, v/ithin ten days, as the law directs, vacates the ofhce. Filing it with the approval of one member of the board only, is of no effect. It is obviously improper for either the director or the clerk to become surety for the treasurer. The power granted the clerk and director by this section to require an additional bond, when deemed necessary, should be exercised when- ever the interests of the district demand it. No good citizen will re- gard the exercise of this power as an imputation upon his character. Whenever the surety on the bond is not such as the law requires, it is obviously the duty of the treasurer to furnish additional secu- rity, and it must be done within ten days, just as in the original filing of the bond. When the office is vacated from either of the causes named, the board will appoint a treasurer, who will be subject to the same con- ditions and possess the same powers as if elected to the office. By this section the treasurer is required to file a bond with securi- ties that are sufficient in the judgment of the director and clerk, but these officers are to be guided in this matter by a sound discretion, and not by caprice. They may require the affidavit of bondsmen, cer- tifying that they are worth the amount for which the bond renders them responsible, in their own right; but they may not use the dis- cretion with which the law vests them to defeat the will of the dis- trict. Failure of a treasurer to pay over money in his hands on his removal from office is a breach of his bond, and no demand is necessary to fix^ the liability of his sureties. 27 Wis., 505. The district has no power to release a treasurer from liability for money lost or mis-applied by him. 10 Neb., 293. If a district treasurer pays out any money of the district except upon an order therefor, properly drawn by the clerk and countersigned by the director, he may be held responsible to the . district for the sum so paid. 98 Wis., page 22. Treasurer's duties. Section 444. The treasurer shall apply for and receive from the town treasurer all money apportioned to or collected for the district and pay money on the order of ■the clerk countersigned by the director, and not otherwise. He shall keep a book in which t'e shall enter all the money received and disbursed by him, specifying particularly the sources from which the same has been received, the persons to whom SCHOOL OFFICERS— SPECIAL DUTIES. 47 and the object for wliicli the same has been paid, and shall afford the clerk access thereto when desired to enable him to make his annual report. He shall present to the annual meeting a report in writing containing a statement of all moneys received by him during the preceding year and of each item of disbursement made by him and exhibit the voucher therefor. At the close of his tenn of office he shall settle with the board and deliver to his successor said books, all vouchers, orders, papers and money "coming into and remaining in his hands as treasurer. While this section requires the treasurer "to pay all money received, by him on the order of the clerk, countersigned by the director," it. should be borne in mind that he is a member of the district board and is bound by the general law prohibiting these officers from paying orders for money that has not been appropriated according to law. See section 446. He is not bound to pay an order to satisfy an appro- priation (made by the board) about which he was not consulted. 59 Wis., 518. An order, although properly drawn, does not relieve a treasurer of his responsibilities as a district officer. It is his business to see that the money of the district is disbursed according to law. The district treasurer can ascertain the amount of money to which his district is entitled, by examining the certificate of apportionment on file in the town treasurer's office, which that officer receives from the toY/n clerk. The district treasurer should pay all legal orders In the order of presentation, when no special direction appears upon the order to the contrary. The lav^ now requires the treasurer to give the clerk access to his books in making his report. It is a duty which the treasurer owes to himself, as well as to his district, to keep an accurate record of his accounts, so as to be able to present a clear and satisfactory statement of the transactions of the year. The account required to be kept by him, may be a simple cash account, in which the treasurer personally, and in his individual name is charged with all school moneys received by him, and credited with each payment, specifying the date, the person to whom and the ac- count on which it was made. It is convenient and will conduce to accuracy to number each credit consecutively, and to affix the same number to the order to be produced in proof of payment, and in sup- port of such payment. This account should be kept in a book well bound, and a transcript of such account should be made, and with the proper voucbers, presented to the annual meeting. This transcript should be examined by a committee appointed by the meeting, and should be endorsed by said committee as having been examined and found correct, if the committee find it regular in all respects. When at the close of his term of office he settles with the district board, as required by law, the board should enter, upon the original account in the blank-book, H^s certificate that it has examined such account up to and including the last preceding entry (giving its date), and the vouchers therefor, and that it finds the same correct. It is deemed proper to refer here to the present lav/ in regard to embezzlement. Refusal of an officer or other person, made the cvisto- dian of money, to pay over the same on lawful demand, is declared 48 SCHOOL LAWS OF WISCONSIN. to be embezzlement, and is punishable by imprisonment or fine. And if any person so demanding money and refused the same neglects to make complaint against such officer, he is also punishable by imprison- ment, or fine. Sections 4418-4421 of the Wisconsin statutes relate to this matter. It will be seen by section 963, that whenever any judg- ment has been rendered against the treasurer for any breach of the conditions of his bond the governor may declare the office vacant. The vacancy will be filled as other vacancies in the district board are filled. It is also deemed proper to refer here to the provisions of law re- lating to proceedings to compel the delivery of books and papers of public officers to their successors, contained in chapter XLIII., Wiscon- sin statutes, and embracing sections 977-983 inclusive. Severe pen- alties and summary proceedings are therein provided for failure to thus deliver books and papers to successors. Prosecution of town treasurer. Section 445. The treasurer sliall prosecute tlie towu treasurer of the town in which the dis- trict or any part thereof is situated for the recovery of any money belonging to the district which the town treasurer re- fuses or neglects for the space of ten days from the time fixed by law therefor to pay over to him. The treasurer should bring the action before a justice of the peace, if the amount withheld does not exceec! $200; otherwise, in the circuit court. CLERK. His duties. SECTioisr 446. It shall be the duty of the clerk: 1. To report the name and post-office address of each officer of his district to the town clerk and to the town treasurer, or if a joint district to the clerk and treasurer of each town in which his district is situated, within ten days after the election or ap- pointment of such officer. 2. To act as clerk and- record the proceedings of the district meetings. 3. To enter in the record book provided by the board the minutes of its meetings, orders, resolutions and other proceed- ings. 4. To enter in said record book copies of all his reports to ■the town clerk and tbe certificate of the proceedings of a meet- ing returned by a temporary clerk as provided in section 430. 5. To draw orders on the treasurer for mouey apportioned to or raised by the district to pay, according to the contract made by the board, the wages of any qualified teacher for teach- ing the district school, and to make any other payment voted at a meieting pursuant to section 430. (See Eorm ISTo. 24.) '^ ' SCHOOL OFFICERS— SPECIAL DUTIES. 49 6. To make a record in some suitable book of all orders drawn on tt^e treasurer, "7. To furnish at tlie expense of the dis'trict for the use of each teacher a school register in the form prescribed by the state superintendent, to procure the same to- be returned to him at the expiration of tl-e teacher's employment and to pre- serve the same with the records and papers of the district. 8.. To notify any person of his election or appointment to a district office within five days thereafter, to furnish any teacher a copy of the contract made with him by the board and to perform any other duties imposed upon him by law. The importance of full and accurate records cannot be too strongly emphasized. The record book of the district should contain a full history of its school affairs. Dates, names, resolutions, votes, etc., should be given with such exactness that no trouble can arise which a, reference to its pages will not help to settle. Financial statements and reports should be spyead out on the record book. Documents that are merely filed are soon lost. The clei-k cannot properly refuse to record the proceedings of a meeting that he was opposed to calling. And although he may tnink the proceedings illegal, it' is his duty, nevertheless, faithfully to re- cord them. If illegal, they may be set aside by competent authority, on appeal; and the record of the clerk is of importance in deciding the question. As the board has no authority to contract with a teacher who does not hold a legal certificate of qualification, so also any use of public funds, from whatever source received, for the payment of teachers not legally qualified, is a palpable violation of law. It is the duty of the clerk to see and know that the person emploj^ed is legally quali- fied and entitled to teach, before any order for payment is drawn. It is no less the duty of the director to refuse to countersign, and of the treasurer to refuse to pay, orders drawn in violation of law; and these officers are bound to know that orders are legal before they recog- nize them as valid. Orders in favor of teachers. Sectiow 446a. 'No order shall be drawn, countersigned or paid which is in favor of any per- son who has taught school in said district when not holding a certificate of qualification therefor as provided by law, nor for th-e payment of which the money has not been appropriated according to law, and no order shall be drawn for any money received from the school fund income for any Other purpose than payment of teacher's wages. 4 50 SCHOOL LAWS OF WISCONSIN. WHAT SHALL BE TAUGHT. Studies — Kinderg'artens. Section 447. Ortliography, ortho- epy, reading, writing, grammar, geography, arithmetic, history of the United States, the constitution of the United States and th-e constitution of this state shall be taught in every district school, and such other branches as the board may determine. All instruction shall be in the English language, except that the district board or the board of education may, in their discre- tion, cause any foreign language to be taught by a competent teacher to snch pupils as desire it, not to exceed one hour each day. District boards, town boards of school directors and boards of education mav provide for kindergartens, for instruc- tion and training of primary grades in separate departments or otherwise. The topics recited in this section constitute the foundation of an education. The legislature evidently regarded them as of prime im- portance, and .provided that they must be taught. Whenever, by the introduction of other branches into the public schools these are excluded, or are taught less efficiently, the plain pro- vision of the section is violated. Every school should be so conducted as to secure daily instruction in reading, writing and spelling, and written exercises should be required of persons of suitable advance- ment in every branch taught in the schools. The law contemplates instruction, discipline and government of such character as to prepare the young to discharge their duties as citizens of a country in which the English language is used by the courts, the legislature and the people. To carry out this provision of the law, section 449 provides: "No person shall receive any certificate who does not write and speak the English language with facility and correct- ness." Acquaintance with another language may aid in the instruction of children of foreign birth, or parentage, and this section allows one hour a day to be given to instruction in a foreign language, but the purpose of the provision is to limit, not to encourage the study of a foreign language in a common public school. The parent has the right to make a reasonable selection from the prescribed studies for his child to pursue; and a teacher is not au- thorized to inflict corporal punishment for the purpose of compelling the child to pursue the study forbidden by the parent: Morrow v. Wood, 35 Wis., 59. Physiolog-y and hygiene. Section- 44Ya. Provision shall be made by the proper local school authorities for instructing all pupils in all schools supported bv public money or under state control, in physiology and hygiene with special reference to the effects of stimulants and narcotics upon the human system. The text-books used in giving such instruction shall have the r , , PHYSIOLOGY AND HYGIENE. 51 joint approval of the state superintendeiit and tlie state board of health. This section contemplates instruction in physiology and hygiene, for all pupils sufficiently adva:nced in age and scholarship, with special reference to the effects of stimulants and narcotics upon the human system. Under the guidance of an approved book, oral instruction in this topic may be given to pupils that are too immature to be bene- fited by the use of a text-book. The effectiveness of the work in this branch, so far as its oral presen- tation is concerned, will depend on the simplicity of the instruction, and the good judgment of the teacher in avoiding abstruse and offen- sive statements. In all instruction given under this law the subject of anatomy should be considered as taking a secondary place. 52 SCHOOL LAWS OF WISCONSIN. Iir.-CERTIFICATES AND EXAMINATIONS. TEACHERS. Certificates. Section 448. If any person desires to teach in any of the common schools he shall procure a certificate from the proper examining officer, and no certificate shall have force except in the district of the officer by whom issued. Grades of; who not to have. SECTioisr 449. There shall be •three grades of teacher's certificates, to be known as first, second and third. Each certificate shall show the branches in which the holder has been examined and his relative attainments in each branch. ISTo person known to the examining officer to be of immoral character, deficient in learning or ability to teach or unable to write and speak the English language with facility and correctness shall receive a certificate. CERTIFICATION OF TEACHERS. (Chapter 439, Law^of 1901, amending sections 450, 451, 453 and 452al] constitute a school month unless it be othenvise specified in the contract, and all legal holidays occur- ring on school days shall be counted although no school be taught ; but school taught on legal holidays shall not be counted for two school days, and no Saturdays shall be counted. The 72 SCHOOL LAWS OF WISCONSIN. board may give to any teaclier employed, without deduction from his wages therefor, the whole or any part of his time spent by him in attending the sessions of any institute held in the county embracing any part of the district, upon such teacher's furnishing to the clerk, to be filed by him, a certificate of reg- ular attendance on such institute, signed by the person conduct- ing the same. School boards and teachers should take notice that the teacher's month is always twenty days, unless otherwise specified in the con- tract; also, that no Saturdays, but all legal holidays occurring while school is in session are to be counted. The legal holidays are named in the comments on section 462, and whenever any legal holiday shall fall on Sunday, the succeeding Mon- day is a legal holiday. It is recommended that school boards exercise the power given In this section, and allow teachers to attend institutes without deducting the time. The certificate of attendance required by the law should be surrendered to the clerk before an order for wages is drawn. School register — Teacher's report. Section 460. The teacher shall enter in the register furnished by the clerk the names, ages and studies of all scholars attending school, and daily their attendance and absence and such other facts as +^\e county su- perintendent or state superintendent may require; which regis- ter the teacher shall deliver to the clerk at the close of his service or whenever it may be required for the use of the board. The teacher shall make in writing and transmit to the board or to tlie county superintendent a report concerning any mat- ter relating to his school in such form or manner as the board or superintendent may prescribe; and any teacher who shall wilfully neglect or refuse to make entries in the register as above required shall forfeit his wages for teaching during the time of such neglect or refusal. It is the duty of the clerk to furnish the teacher with a register (subdivision 5, of section 446), and to call attention to the penalties of wilful neglect or refusal to comply with this requirement. A form of school register is given in the appendix hereof (No. 25). Economy will be served if bound books be procured for registers. While registers are not supplied by the state superintendent, approved forms may be obtained of firms that deal in school supplies. The clerk should examine the register during the term to aid in securing that accuracy in the method of keeping it that will enable him to make a reliable report to the tov/n clerk, and he should require the teacher to return the register at the end of the term. The teacher should also fill out a condensed report at the end of each term and at the close of the school for the year. Such reports are easily fur- nished by the teacher and are helpful in securing accurate reports from school officers. THE COUNTY SUPERINTENDENT. ^3 IV. -THE COUNTY SUPERINTENDENT. Eligibility. Section 102a. (As amended by Chap. 351, Laws of 1899.) 'No person shall be eligible to the office of county superintendent of schools who shall not, at the time of his election or appointment thereto, have taught in a public school in this state for a period of not less than eight months, and who shall not, at such time, hold a certificate en- •titling him to teach in any public school therein, or a county superintendent's certificate, issued by the state superintendent after examination by and upon the recommendation of the board of examiners for state certificates as provided by law ; provided, that the foregoing j)rovision shall not disqualify any person who held sucdi office in this states on or before the first day of May, one thousand eight hundred and ninety-five. See section 38, Wisconsin statutes of 1898. Any one of the following documents entitles its holder to teach in any public school in the state, and hence is the certificate required by the provisions of the law above quoted: 1. The Unlimited Wisconsin State Certificate. 2. The Limited Wisconsin State Certificate for five years from the date of the certificate. 3. A diploma granted upon the completion of a regular collegiate course of the Wisconsin State University, or of a Wisconsin state nor- mal school, if countersigned by a Wisconsin state superintendent. 4. An elementary certificate, granted upon the completion of the ele- mentary course of study of any one of the Wisconsin state normal schools for five years after the date of countersignature by a state superintendent. 5. Any college or university diploma, bearing the countersignature of a Wisconsin state superintendent. 6. A special license granted by a Wisconsin state superintendent, authorizing the holder to teach for one or two years in any public school in Wisconsin, as provided in sections 458c and 458h. 7. A diploma granted upon the completion of the course of study of the Milwaukee high school and the normal department thereof, if countersigned by a Wisconsin state superintendent. 8. A limrted state certificate or a first or second grade county cer- tificate countersigned by a Wisconsin state superintendent under the provisions of chapter 303, laws of 1882. (Chapter 303, laws of 1882, taa been repealed.) 74 SCHOOL LAWS OP WISCONSIN. 9. A state certificate granted by any other state, that has been coun- tersigned by a Wisconsin state superintendent. 10. The county superintendent's certificate, issued by a Wisconsin state superintendent in accordance with section 4Glg. 11. The certificate autliorized by section 45Sh, if in force at the time of nomination and election. Superintendent districts — Effect upon cities. Section 703. The county board of each county having over fifteen thousand inhabitants according to the census last j^receding division may divide sucli county into two superintendent districts, to be called superintendent district number one and superintend- ent district number two, by resolution, specifying thereii^ the 'territory included in each and every such division, and every like division heretofore made shall remain in force until re- scinded by resolution of the county board. Unless so divided each county shall constitute a superintendent district; but ev- ery city having a board of education, a superintendent of schools (u- other board or officer vested with power to examine and license teachers and supervise and manage the schools therein, shall be exempt l/'om the provisions of this section and all provisions relating to county superintendents of schools, except so far as required to make reports to the county super- intendent of the district in wfich such city is situated; and the electors of such city shall have no voice in electing such county superintendent, and the supervisors from such city shall have no voice in the county board in detennining or providing the compensation or allowance of, or any matter relating to, such: county superintendent; nor shall. any tax be levied on such city to pay any part of such compensation or allowances. When any county shall be so divided the county board may assign the count}^ superintendent in office to either district, and the state superin'tendent shall appoint a county superintendent for the other district, to hold until his successor is elected and qual- ified according to law. The acceptance of the office of county supervisor by any comity superintendent of schools shall va- cate his office. Salary, expenses and bond. Section 704. The compensa- tion of county superin'tendents of schools shall be fixed by the county board, and shall be an annual salary or a per diem of not less than tl"ree nor more than five dollars. They may fix such annual salary or limit the entire annual amount of such per diem compensation at not less than five hundred nor more THE COUNTY SUPERINTENDENT. ^5 tlian eiglit hundred dollars in districts coii'taining more tlian live thousand and less than ten thousand inhabitants, and not less than eight hundred nor more than fifteen hundred dollars in districts containing more than 'ten thousand inhabitants; and in estimating such population the cities mentioned in tl:'3 next preceding section shall be excluded. Each superintendent terviug f(»r a \nn- diem shall present to the county clerk, quar- •Teily, befou' recti \'ing the compensation due him, a sworn sitate- mcnt showing the number of days actually and necessarily spent by him in the discharge of his duties during the preced- ing quarter, and no compensation shall be allowed except for days thus specified. The county board shall allow for station- eiy, postage and printing such amount as the county superin- '{endent shall certify to be actually necessary, not exceeding one hundred dollars in districts containing less than live thou- sand inL-abitants, and not exceeding two hundred dollars in dis- tricts containing more than five thousand. The limitations of this section shall not apply 'to counties for which different limi- tations have been made by special acts. Each county board may allow such superintendent such sum, in addition to his compensation, as he shall certify he has actually expended in defraying his necessary traveling expenses while engaged in the pei'formance of the duties of his office; pro\dded, tt-a't no more' than two hundred dollars shall be appropriated for such ex- penses in any one year to each sirperintendent. The accounts for such expenses may be audited at the annual meeting of the board. Each superintendent shall be reimbursed his actual necessary expenses incurred in traveling from his residence to the place of holding the nearest or most accessible convention of county superintendents called by the, state superintendent, the expense of his board and lodging during the 'time he aci- ually attended such convention and his expenses in returning from the same to his residence. The bill for such expenses shall be audited by the county board upon the presentation thereof vith the certifica'te of the state superintendent attached sh'owing the county superintendent's attendance on such con- vention for the time specified in the bill; not more than one such account shall be paid for any one superintendent in each year. Each county superintendent shall give a bond, with such sureties as the county board may approve, for the proper per- formance of his duties under the law providing for a county teachers' institute fund, which bond shall secure the payment 76 SCHOOL LAWS OF WISCONSIN. of not leSiS than twice the sum of money which the board may estimate will come to his hands in pursuance thereof. This secrion places the matter of allowing the traveling expenses of the couunty superintendent to the amount of two hundred dollars, per annum, at the discretion of the county board of supei'visors, but chapter 52, laws of 1901, states that "such expenses shall be audited and allowed by the county board at its annual meeting in November." His duties. Section 461. It shall be the duty of every county superintendent: 1. To examine and license teachers in his district and to an- nul certificates as provided by law. The purpose of teachers' examinations is to ascertain the attain- ments of applicants in the branches set forth in the law, and their ability to instruct. Character and conduct are important factors in a teacher's equipment, and so the law restrains superintendents from granting certificates to persons known to them to be immoi'al. A formal examination into the moral character of applicants seems to be impracticable, but superintendents should be no less alert to save pupils from the contamination that would result from licensing un- principled persons. Applicants that are unknown to the examiner should be required to furnish satisfactory evidence that their conduct is above reproach. The law wisely forbids the use of religious tests, but that sound morality that constitutes the recognized rules of life among right thinking people is not sectarian. Comment upon certificates may be found under section 450, as amended by chapter 439, laws of 1901. The law sets forth the branches in which applicants must be exam- ined, and the different certificates which superintendents are author- ized to grant. The method of examination is by written and oral questions. In the preparation of questions care should be observed that they are made to involve principles rather than facts, and they should be so framed as to test the applicant's ability to develop a sub- ject by correct methods, and to secure to pupils the disciplinary value of the study. They should be suflTicient in number to constitute an adequate test. Superintendents should discriminate betvi^een the standard of at- tainments in branches of study and the standing in these branches. The standard is the examiner's judgment as to the ability and schol- arship requisite to a teacher. Standing is the applicant's attainments in the several branches as indicated by the examination. Care in the formation of the standard required will aid in determin- ing the plan of examination and the questions to be submitted. The sole purpose of examinations is to test the ability and attainments of applicants as measured by a required standard, and hence some stand- ard is a pre-requisite to intelligent work in examinations. If the ex- aminer prefers not to know whose papers he examines, he may give each cand'idate a number to be placed upon liis paper instead of his name. The preliminary paper, prepared by the candidate, should show his number, which will afford a means of identifying his papers after they have been examined and the results determined. Whichever method is adopted, the examiner will not be relieved from the duty of justifying his markings when called upon to do so. THE COUNTY SUPERINTENDENT. ^7 In conducting the oral examination, the examiner should carefully note pronunciation, choice of words, facility of illustration, and man- ner of address, with a view to the formation of relatively j\ist judg- ments. Tlie oral examination affords an excellent test of a person's ability to impart instruction. All applicants deserving certificates should speak the English language readily and correctly. The law does not require the attainment of any age as essential for a certificate. The question for the examiner to determine is one of capacity and fitness to perform the duties and to meet the responsibili- ties of a school teacher. These demand a maturity of judgment and a soundness of discretion not found in boys and girls. All papers written at examinations should be preserved by the su- perintendent during the life of the certificate issued thereon. A con- veniently arranged permanent record of all examinations should be kept, which should embrace the names and addresses of applicants, their standings and the grade of certificates granted to each, with the date of its expiration. See section 450b as amended by chapter 439, laws of 1901. The examiner should make all arrangements necessary to the proper conduct of the examination suflaciently early to begin woi"k at the hour appointed in the public notice. Applicants should be required to conform to such regulations as will facilitate the work of the exami- nation and make it a true test of their qualifications. Every precau- tion should be taken to preclude resort to unfair means. 2. To visit and examine each district and all the schools in his district at least once in each year and as much oftener as may be necessary; to inquire into all matters relating to the management, course of study, mode of instruction, text-books and discipline of such schools and the condition of the school- house, sites and outbuildings and appendages and of the district generally; to advise with and counsel the district boards in re- lation to their duties, and particularly in relation to the con- struction, warming and ventilation of school-houses and the im- proving and adorning of the school grounds, and to recommend to the school ofScers and teachers the proper studies, discipline and management of schools. The object of the superintendent's visits is set forth with sufficient clearness in the law. It remains for him to make his visits helpful to the schools. A formal call of a fev/ minutes' duration can serve no beneficial purpose, and should not be considered a sufficient perform- ance of the superintendent's duty in this regard. The superintendent should keep a record of his observations. The information thus obtained should serve as an aid in passing judgment upon the qualifications of teachers, and should also form the basis of association work. Without it the superintendent must necessarily be a stranger to the needs of his schools, and will not be able to advise school boards wisely, or to direct the work of teachers intelligently. 3. To direct, after proper examination, the district board to make any alteration and repairs which shall, in his opinion, 78 SCHOOL LAWS OF WISCONSIN. be necessary to the health, comfort and progress of the pupils, and to abate any nuisance in or upon the premises, provided the same can be done at an expense not exceeding twenty-five dollars. 4. To make an order in concurrence -with the cl 'airman of the town board in which any school-house is situated which they shall deem unfit for school j^urposes and not worth repairing, declaring such fact and reciting the reason therefor. They shall deliver such order to the clerk of the district and trans- mit forthwith a copy thereof to the clerk of the town and also to the state superintendent. Such order shall take effect from its date unless within thirty days after it is delivered to the district clerk the same shall be revei"sed by th-e state superin- tendent for cause shown ; and from the time said order sliall take effect the district shall not share in any apportionment of the school fund income for any school kept in any building so declared to be unfit for school purposes. 5. To report annually to the board of supervisors of his coun- ty the conditioai of the schools under his supervision. 6. To receive from the town, city or village clerk tl>e ab- stracts of the reports of the district clerks required to be made by law and to transmit the same to the -state superintendent; and before the first day of May ii^ each year to transmit to the state supei'intendent the name and postoffice address of each town clerk in his district, and from time to time such other facts relating to education in his district as_ the state superin- tendent shall require. 1. To organize and conduct at least one institute for the in- struction of teachers in each year, and to advise in all questions arising under the operations of ithe school laws in his district. It is made the duty of the superintendent to hold an institute each year. Careful preparation should be made for its accommodation. A well ventilated and properly warmed room, furnished with blackboards and a sufficient number of seats to accommodate all that attend, is indispensable. In the selection of the place for holding an institute, care should be exercised to choose a place in which a proper building can be secured, and ample accommodations obtained for the entertain- ment of teachers. Notice of the institute should suggest the necessity of bringing sta- tionery, manuals and text-books. The superintendent should strive to secure prompt and regular attendance, and to maintain such order and attention as will render the institute a model in methods of recitation, instruction and amangement. The superintendent should correspond with the conductor appointed to assist him in reference to a suitable program. The suggestions which he may make to the conductor should spring from his knowledge of the needs of his teachers as shown by THE COUNTY SUPERINTENDENT. Y9 his examinations and school visitation. The program should be pub- lished with the notice and should be followed in the actual T^^ork of the institute. See sections 407, 408 and 461f. 8. (As amended by Chap. 290, Laws of 1901.) To divide his district into examination districts bounded by town lines and containing- not more than four towns each when the nnmber of schools in his district, inclndine; graded schools, shall exceed one hundred and fifty ; but to form not less than four examination districts if the number of schools is less than one hundred and fifty ; not less than three if the number is less than one hundred : to hold in each examination district in each year, at least one meeting for the examination of teachers, and at least three others at inteiwals of three months, at the county seat or some convenient and central place in the county, two of which shall be in first and second grade branches; provided, the county superintendent, by and with the advice and consent of the state superintendent, may modify the number and boundaries of the examination districts, the number of examinations in first and second grade branches, and may fix the times and places for holding the examinations for second and first grade certifi- cates; to furnish each district clerk in the same a written notice of each meeting, to be posted by him in some conspicuous place in the district.. Such notice shall contain the names of the tO'^^TQS embraced in the examination district to which it re- lates, and the time, place and objects of the meeting. The examination of the teachers shall be uniform in the superin- tendent district, shall be pulfiic and shall be conducted by oral and written questions and answers. Whenever for any cause satisfactory to the county superintendent any person de- siring a certificate as a teacher shall be unable to attend upon such examinations he may be examined at any time fixed by him, and if found qualified by law to teach may receive a cer- tificate of the proper grade, which shall remain in force until the next regular examination in such inspection district. Deputy county superintendent. (Chapter 321, Laws of 1901.) Sectiok 1. The county superintendent of schools of any county or superintendent district may, by and with the consent of the county board, appoint a deputy, provided he has under his jurisdiction not less than one hundred schools. Such depu- ty shall at the time of his a]>pointment hold at least a first grade county certificate and shall have taught in the public schools of the state for a period of not less tban eight months. 80 SCHOOL LAWS OP WISCONSIN. ' ISTotice of snch appointment shall be filed witli tlie county clerk, and the county board of supervisors at any regular or at any special meeting may appropriate an annual salary of not more than six hundred dollars for services rendered by such dep- uty, under the direction of the county superintendent of schools. The deputy shall under the direction of the county superintendent be authorized to perform all the duties now re- quired of the county superintendent, except the certification of teachers. The deputy shall be subject to removal by the county superintendent, notice of such removal to be filed in the office of the county clerk. Uniformity in examinations does not mean that the same questions shall be submitted to each applicant; but that throughout the superin- tendent's district the tests employed shall be as nearly uniform in scope and thoroughness as practicable. Although the certificates granted upon special examinations are of short duration, yet they should be based on tests as thorough as those required in public examinations. Private examinations are avoided by some superintendents by appointing a supplementary examination late in the season. Good judgment will be required to avoid submitting questions that are so difficult as to exclude competent, or so slight as to admit incompetent persons. Attendance on convention. Section 461a. The county pu- perintendent shall attend annually at least one convention of county superintendents called and held by the state superin- tendent for the purpose of consultation, advice and instruction upon matters pertaining to supervision and management of public schools. His necessary actual expenses for traveling from his residence to the place of holding the nearest and most accessible convention and returning thereto and for board and lodging while in actual attendance thereon shall be paid by the county, and bills for such expenses shall be audited and allowed by the several county boards upon the presentation of the same with the certificate of the state superintendent attached thereto showing that the claimant attended such convention for the number of days specified in the bill; provided, not more than one such account shall be paid in each year. Not to teacli, etc. Sectiok" 4616. ISTo county superintendent of schools, except in counties where his salary is less than eiglt hundred dollars, shall engage in teaching during the term for which he was elected nor engage in any profession or occupa- tion, nor shall he absent himself from the county or district for which he is elected to engage in any occupation, profession ' •■ THE COUNTY SUPERINTENDENT. §1 or piu'siiit during the term for whicli lie is eleoted for sucli time or in sncli manner as to interfere with the proper discharge of his duties as such. A violation of any of the j)rovisions of this section shall subject the offender to removal from office. Residence and office. Section 461c. When a county seat is located in an independent city having a separate superin'tendent of schools or a county shall be divided into two superintend- ent districts, the county superintendent may reside in such county seat and keep an office in the public building or other place provided therefor by the county. Traveling^ expenses. SECTioisr 461cZ (as amended by Chap. 52, Laws of 1901.) The county board shall allow the county suDerintendent such sum over and above liis salary as he shall certify he has actually expended in traveling expenses in the discharge of his official duties, not exceeding two hundred dol- lars in any one year; and such expenses shall be audited and allowed by the county board at its annual meeting in ISTovem- ber. In a county where there is more than one superintend- ent district the vote of the members of the board representing each such district shall be taken separately. Any sum of money so voted and allowed to any 'snch superintendent shall be charged and assessed against and upon the district for whose superintendent the same is appropriated. Examination fee, etc. Section 46 le. Any applicant pre- senting himself for examination by any county superintendent for a certificate entitling him to teach in the district of such superintendent, any person making application to the county supei-intendent for a certificate based upon papers written in an examination held in another superintendent's district under section 450, and any graduate of a high school making applica- tion to such superintendent for the countersigning of his cer- tificate or diploma under section 453a shall, before such exam- ination is entered upon or before the issuance of such certificate or such countersigning, pay to such superintendent an exami- nation fee of one dollar. ITse of fund. Section 461f. All moneys paid to the county superintendent under the preceding section shall constitute an institute fund and be used under the direction of the countv 6 g2 SCHOOL LAWS OF "WISCONSIN. . superintendent in defraying tlie necessary expenses of conduct- ing annually one or more teacliers' institutes for the instruction in tlie theory and art of teaching in the branches taught in the common schools, of the teachers in his district and in compen- sation for lectures at such institutes by others than the con- ductors and county superintendent. Superintendent's report. Section 46 Ig. The county super- intendent shall annually make and file with the county clerk a statement, verified by his afiidavit, giving the names of all persons examined by him since the beginning of his term or since the date of his last statement, together mtt' the dates when such persons were examined. He shall also embody in such statement the names of all persons to whom certificates have been issued upon papers written in another superintend- ent's district and the dates when such certificates were issued, an-d also the names of all graduates of high schools whose di- plomas he has countersigned, together with the dates of coun- tersigning. At the expiration of his tenn of office he shall file with the county clerk a similar sworn statement, covering the time from the close of his last regular series of examinations to the close of his term, and sTaall embody in such statement a summaiy, giving the number of persons in each of the three ■classes herein named and of all the persons so reported by him to the county clerk durin.o- his term of office, the amount of fe&s received by him during his term of office, the amount paid out by him and the amount remaining in his hands. He shall pay over to his successor in office all moneys thus remaining in his hands at the expiration of his term of office. Record of payments. Section 461/?-. All moneys collected by the county superintendent under the provisions of this sec- tion shall be paid out each year for the purposes specified in section 461/ and for no other purposes. Each payment shall be entered in a book kept by the county superintendent for that purpose, which shall be open to public inspection and be by him delivered to his successor in office, and shall be accom- panied by a statement of the name of the person to whom the payment is made and the character of the service rendered or material furnished. Institute instructors. Section 461^. ISTo money shall be paid for services rendered as an instructor in any institute to THE COUNTY SUPERINTENDENT. , §3 any person unless he liolds a ceirtificate signed by tlie state sn- perintendent certifying that 'the conunittee on institutes of the board of regents of normal schools approves of said person as a competent institute instructor. 'Nor shall any person be em- ployed by any county superintendent as institute conductor or lecturer who is engaged in publishing text-books or dealing in school supplies, or who is an agent or employee of any indi- vidual or company thus engaged, or who is proprietor or man- ager of or in any way pecuniarily interested in any teachers' employment agency or bureau; nor shall the committee on teachers' institutes of the board of regents of normal schools approve of any sucli person for service in institutes provided for in section 461/"', nor shall any such person be employed as instructor or lecturer in any institute supported in whole or in part by the state. Superintendent's bond. Section 461;/. The county board shall require the county superintendent to give bonds with good and sufficient sureties for the proper performance of the duties prescribed by the four preceding sections, and in an amount which shall not be less than twice the amount likely to be collected and disbursed by him annually under this section. Superintendent's duty as to deaf and blind children. Section 461 A". It shall be the duty of each county and city sujDerin- tendent of schools to send to the superintendent of the state school for the deaf at Delavan and to the superintendent of the state school for the blind at Janesville the address of parents "udth the name and age of each deaf or blind child known to be in his county or city, and to inform parents, guardians and custodians of deaf mutes and blind children in his county or city respecting the several schools for deaf mutes and the blind in the state and the conditions of admission to them; and for this purpose the superintendents of such institutions shall pro- vide each such superintendent with sufficient printed informa- tion and with the names and residences of all deaf mutes and blind children known to be in his county or city. And each such superintendent shall include in his annual report to the county board of supervisors or the city board of education a statement of the number of deaf mutes and of blind children of school age in such county or city then receiving an educa- tion, or the number of each not r'ecei^dng an education, and 84 SCHOOL LAWS OF WISCONSIN. . ' ' of the number of personal visits lie lias made during the year upon the parents, guardians or custodians of such children to induce them to give such children a proper education. Examination for superintendent's certificates. SECTioisr 461?. The board of examiners for state certificates shall, at the time of holding the regular examinations provided for by law, ex- amine all applicants for the county superintendent's certificate herein provided for, upon the branches upon which examina- tion is now required for a first-grade county certificate, and also upon school law and the organization, management and supervision of district schools. Such board shall, in addition to the examination provided for by law, hold in the month of July in each year three such examinations simultaneously at three different points in the state, to be deitermined by the state superintendent, which shall be chosen with reference to the accommodation of applicants in different parts of the state. Each of the three examinations shall be held under the super- vision of a member of the board of examiners, but the scope and character of the examination shall be previously deter- mined by the board of examiners and the state superintend- ent. Printed questions shall be prepared on each subject upon which the applicant is required to be examined, and the board of examiners shall examine the papers written by applicants and file all papers so written in the office of the state superin- tendent. All persons passing such examination to the satisfac- tion of such board, and who shall furnish satisfactory testimo- nials of moral character to the board, shall, upon its recom- mendation, receive from the state superintendent the county superintendent's certificate, which, together with the eight months' experience in teaching in the public schools provided for in section 702a, shall constitute a legal qualification to hold the office of county superintendent of schools. It shall also legallv qualifv the holder to teach in any public school in the state for which a first-grade county certificate is a leral qualifi- cation. Such certificate shall remain in force until revoked by the state superintendent according to law. The provisions of law for payment of expenses and per diem of members of the board of examiners while conducting examinations for state certificates shall extend to the examinations herein provided for. The certificate provided for by this section, together with eight months' successful experience in teaching, constitutes a legal qualifi- THE COUNTY SUPEHINTENDENT. g5 cation to hold the office of county superintendent. It also legally qualifies the holder to teach in any public school of the state for which a first grade county certificate is now a legal qualification, and remains in force during the life of the holder, unless sooner revoked by the state superintendent. See. comment under section 702a. An applicant for the county superintendent's certificate will be per- mitted to begin his examination at any regularly appointed meeting, but must complete it before the corresponding examination in the en- suing year. Within the time herein fixed, re-examination will not be required upon branches in which a satisfactory standing has been at- tained. Satisfactory written testimonials of moral character must be fur- nished to the examiners at the time of the first examination. 8(3 SCHOOL LAWS OF WISCONSIN. V.-REPORTS. Report of district clerk. Sectiof 462. . It shall be the duty of the district clerk, between the tenth and fifteenth days of July in each year, to make and transmit to the town, city or village clerk a written report-, dated on the tenth day of July of such year, signed by him and verified by his affidavit, showing : First. The number, names and ages of children, male and female designated separately, over the age of four and under the age of twenty years residing in the district, and the names of their parents, guardians or other persons with whom such children resided, respectively, on the last day of June preced- ing. But no such children residing in, held or cared for at any charitable or penal institution of this state shall be included in such enumeration or report; and whenever the state super- intendent shall receive information that any such children have been enumerated in the school census of any school dis- trict included iu the reports made to him, on the basis of which apportionment of money from the school fund income is made, he may require from the district clerk or the secretary of the board of education of said district a verified statement of the whole number of children of school age residing in the district not excluded by the provisions of this section, in such form and manner as the said su|3erintendent may prescribe. Unless the certificate herein provided for shall be made no money shall be apportioned for the benefit of said school district. Second. The whole number of children, males and females designated separately, between the ages of four and twenty years taught in the district school during the year for which such report as made by teachers duly qualified. Third. The number attending school during the year under the age of four and the number over the age of twenty years. Fourth. The whole time, in days, any common school has iiEiFORTS. 87 beeii tauglit in the district^ including liolidays, and tke' whole number oi days suck sckooi iias beien tauglit by teackers quaii- ked according to law, including kolidays, and tke days tke teackers may nave attended an institute auring tke year wkiie tke sckooi was in session for wkick no deduction m wages was made by tke district board. inftn. Ike names of all teackers employed during tke year, tke nmiiber of days tauglit by eacli, including koiidays, and tiie montliiy wages paid to eacli, and tke time allowed any teacker for attendance on any institute for wkick no wages were deducted. Sixtk. Tke amount of money received from tke town treas- urer during tke year, designating separately tke amount re- ceived from apportionment of tlie sckooi lund income, tke amount received from tax levied by county board of supervis- ors, tke amoimt received from tax voted by tke district, and tke amount received from all otker sources during tke year, and tke manner in wkick tke same kas been expended, skowing separately tke expenditure of sckooi money received from tke state. Seventk. Suck otker facts and statistics in relation to tke sckools, public or private, in suck district as tke state superin- tendent may from time to time require. Tke clerk of eack joint sckooi district skall report to tke town clerk of eack town a part of wkick is embraced in suck district tke number of ckildren residing in suck part in tke manner set fortk in tkis section, and tke remainder of tke items specified in tkis section skall be embraced in tke report made to tke town in wkick tke sckool-kouse is situated. He skall also repoi-t tke amount of tke indebtedness of tke district. Same subject. Section 4:62a. In addition to tke duties of tke clerks of tke several sckooi districts of tkis state relating to tke taking of tke census of tke sckooi ckildren as now pro- vided by law, tke said clerks skall also report tke names of tke ckildren in tkeir respective districts and tke age of eack of tkem oyer tke age of four and under tke age of twenty years. Suck clerks skall also report tke amount of tke indebtedness of tkeir respective districts. * Careful attention should be given to the provisions of this law. The annual report of the district clerk to the town clerk is of special im- portance, as it forms the basis upon which all public money is appor- tioned and also furnishes the information that guides the legislature in subsequent enactments. 88 SCHOOL LAWS OF WISCONSIN. For the purpose of securing accurate and complete information, blanks are prepared by the state superintendent and are transmitted to district clerks through town clerks. Specific instructions are printed on tliese blanks to aid in collecting and reporting the required items. A thorough study of them should be made in connection with the provisions of this law prior to making the report. No effort should be spared to obtain and report every item for which the blanks pro- vide. The law requires the name and age of each child who has passed the fourth anniversary of his birthday, and has not reached the twen- tieth, to be reported; also the names of their parents, guardians or other persons with whom they resided on the last day of June pre- ceding. These are items that can be obtained with certainty only by a visit to each family in the district. The law requires the clerk to take the census in this manner. In the enumeration of children mere boarders or lodgers are not to be included; but persons who devote a part of their time to service to pay for their board and lodging while the rest is spent in attendance at school, and who have no other legal residence, are considered members of the families with which thej- reside. Children of school age v/ho may be employed for a limited time in one district and whose parents reside in another district are to be included in the census of the district in which their parents re- side. Care should be taken that the same children are not enumerated in two districts. (See comments on sections 428 and 430.) The clerk of a joint school district must report in the manner above stated the number of children of school age residing in each part of his district, to the town clerk of the town in which such part is situated. A partial report blank is furnished for this purpose. To avoid report- ing the same child to more than one town clerk, the census of each part of a -joint district should be taken upon a separate blank which, when completed, should be sent to the clerk of the town in which such part of the district lies. In no instance should the whole number of children in a joint school district be reported to any one of the town clerks to whom a report is made. Several items are reqviired for the annual report, which are to be obtained from the school register, among which are the number of children that have attended school during the year, the whole number of days school was taught by a legally qualified teacher, the whole num- ber of days of attendance of pupils at school, etc. To facilitate the work of making the annual report, clerks should see that the register is properly kept and the footings made at the close of the term. Section 460 provides a remedy, a resort to which may be had in case the teacher refuses to perform his duty. The clerk's annual report must contain an exact summary of the financial report which section 444 requires the treasurer to make at the annual meeting. This report includes all items of receipts and all items of expenditures made during the year ending on the thirtieth day of June preceding. The proper test of its correctness consists in comparing the sum of the items of receipts with the sum of the items of expenditures. Their difference should equal the amount of money on hand on the date mentioned above. Unless this is true, the state- ment is wrong, and should be corrected before transferring it to the report blank. Reports should be in the hands of town clerks as early as the fif- teenth of July. Any failure to make the report within the tiipie speci- fied, results in great inconvenience to the officers through whose hands it must pass, and subjects the school district to the risk of forfeiture REPORTS. . 89 of its claim to public money. When the failure to comply with the requirements of the law relating to the annual report is due to wilful neglect of the clerk, he becomes personally liable to the district for the loss suffered in consequence of his neglect. (See section 498.) To entitle a district to share in the apportionment of the school fund Income, it must be shown that at least seven months' school, of twenty days each, taught by a legally f-alified teacher, was maintained during the preceding year. Legal holidays are included. These are New Year's day, the twenty-second of February, the thirtieth of May, the fourth of July, the day of general (fall) election, Christmas day, and thanksgiving days appointed by national or state authorities. Sec- tion 2577, W. S., provides that whenever a legal holiday falls upon Sunday, the succeeding Monday is a legal holiday. When a legal holi- day occurs on Saturday or during vacation, it cannot be counted as a day taught. (See comment on section 459.) Town clerk's report. Section 463. Each town clerk shall, on or before the first day of August in each year, make and transmit to the county superintendent of the county or district in which his town is situated a report bearing date on the tenth day of said month, stating : 1. The whole number of school districts separately set off within the town, and the number of parts of joint districts in which the school houses belonging thereto are located in his town. 2. The districts and parts of districts from which reports shall have been made within the time limited for that purpose. 3. The length of time a school shall have been taught in each such district or parts of districts. 4. The amount of public money received in each. 5. The number of children taught in each and the number of children over the age of four and under the age of twenty years residing in each. 6. The whole amount of money received in the 'town for school purposes since the date of the last preceding report, set- ting forth separately the amount received from the state through the county treasurer, the amount levied by the county board, the amount raised by the town at its annual meeting in towns where the township system of school government has been adopted. 7. The amount of money raised by district tax for school purposes. 8. The manner in which said moneys have been expended and whether any and what part remains unexpended, vidth such other information as the state superintendent may require and as may be reported to him by the district clerks. Blank reports, prepared by the state superintendent, are annually 90 SCHOOL LAWS OF WISCONSIN. sent to town clerks. Such instructions as are needed always accom* pciny tne Dianks. xn. Lovvutt wmcii have adopted the "township system of school gov- ern xneiiL/' tne report requiieu in tne loregomg becuon will ue nxciue uy ine ■"secietary or tne town uoara oi scuooi airecturs, at; proviued m section boi oi the Wisconsin statutes, upon tne same uianKs as are useu uy town cieriva in oi,ner towns." Superintendent's report. Section 464. Each, county super- iiitenaeut siiaii, on or belore tlie tilteentJi clay ol August m eacli year, make ana transmit to tlie state superintendent a report m writmg, settmg fortlx tlie whole nmnber of towns in his dis- trict, distinguishing those from which the required reports have been made 'lo tnm by the town clerks, and containing an ab- stract of their reports, and also embracing an abstract of the iinnual rejjort of tne secretary of each free high school in sucb district and of each secretary of town board oi school directors of towns having the township system of school government, and of the clerii of each incorporated village and city under his supervision. Jiach county superintendent shall also, withm the time above mentioned, make and deliver to the county cierk and to the county treasurer a written statement of the whole number of children in each town, village and city under his supervision over the age of four and under the age of twenty years returned from the districts which have maintained schools for six [seven] or more months during the past year as appears from the reports of town clerks. The county superintendent must now make his annual report by August 15. All necessary instructions accompany the bianiis annually furnished to county superintendents from the omce of the state super- intendent. The greatest care should be exercised in making the an- nual report required by section 464, for it is upon this that the annual apportionment is made. Reports from cities and villages. Section 465. The clerk of each city and village or the clerk of the board of education of each city and village under the jurisdiction of the county superintendent shall, within the time prescribed, make and transmit to him the reports required by section 463; and in all cities having a superintendent of schools and which are not under the jurisdietion of a county superintendent, such super- intendent of schools shall make the annual report required by said section directly to the state superintendent; and in such cities having no superintendent of schools such report shall be made by the clerk of the board of education thereof. Ttie clerks of cities (under county superintendents) and of villages ' IiepOrts. ^1 use the same blanks as town clerks, and receive the reports of the district clerk or clerks. Blanks and amendments to laws. Section 466. The state superintendent shall, on or before the first day of June in each year, furnish to eacli clerk, supeTintendent or other officer by whom a report should be made, blank forms upon which such officers shall make their annual reports; and whenever any amendments shall be made to the provisions of this chapter he shall furnish a copy of such amendments to every school district in the state. 92 SCHOOL LAWS OF WISCONSIN. YI -DUTIES OF TOWN OFFICERS AS TO PUBLIC INSTRUCTION. Clerk's duties. Section 467. It shall be the duty of the town clerk: 1. To report to the county superintendent wdthin 'ten days after his election or appointment his name and postoiiice ad- dress, and likewise the name and postoffice address of each dis- trict clerk within ten days after thte same are filed in his office. See Form No. 28. 2. To see that the annual reports of the several district clerks are made correctly and in due fonn; to file and safely keep all reports whatsoever made to him and all orders and notices of the town board relative to any school district. 3. To record such description of school districts, and such orders concerning the organization, alteration or dissolution thereof as shall be made by the town board. 4. To make and keep in his office a map of the town, show- ing the exact boundaries of all the school districts therein as appear from the records on file, and when a new district is formed to make and furnish a map thereof to the district clerk. 5. To apportion the school money collected by the town and that received from th-e state for the several school districts of the town on the third Monday of March each year, or as soon as the same shall be collected or received by the town treasurer, to the several districts and parts of districts within the town as provided in these statutes. See Form No. 27. Further duties of the town clerk in regard to the apportionment of school money will be found in sections 558 and 559. DUTIES OF TOWN OFFICERS. 93 Treasurer's duties. Section 468. It shall be the duty of the town treasurer: 1. To apply for and receive from the county treasurer all moneys aj)portioned for the use of comnion schools in his town and to pay the same together mth all moneys collected in the to^vn for the supj)ort of the schools, to the treasurers of the districts entitled to receive them upon the order or apportion- ment of the town clerk. 2. To pay to the district treasurer on demand all school dis- trict taxes raised in each district and collected by him, and the amount of all school district taxes returned to the county treas- urer of liis county as delinquent, whenever the same shall have been paid to him by said county treasurer or whenever he shall receive credit from the county treasurer for such delinquent tax or any part thereof on account of any demand or claim due from such town to such county. 3. On or before the second Monday of March in each yeai to certify to the town clerk the amount of school money in his hands to be apportioned by said clerk, and immediately upon the receipt of any money from the school fund income to cer- tify the same to the said clerk for apportionment. (Sub-division 4, Sec. 468, Statutes of 1898, as amended by Chap. 119, Laws of 1901.) On the second Monday in June in each year to make and forward to the clerk of each school district in whole or in part in his own town a certified state- ment of the amount of money paid by the town treasurer dur- ing the year next preceding to such district treasurer, specify- ing the date and amount of and the account upon which each such payment was made. 5. If the county treasurer shall neglect or refuse to pay over the school money which by law should be paid to the town treasurer, he shall commence and prosecute an action on the ofiicial bond of such county treasurer for the recovery of such money. The town treasurer will hold, subject to the order of the several district treasurers of his town, all district taxes collected by him. Also, all money raised by taxes levied upon the town by the county board of supervisors, and all mo.ney raised by the town in addition thereto, and pay the same over to the several district treasurers, ac- cording to the apportionment made by the town clerk under the law. He will also receive from the county treasurer the amount apportioned by the state superintendent to his town, out of the Income of the school fund, and pay the same over to the district treasurers, accord- ing to the apportionment made by the town clerk. The town tre'^s- 94 SCHOOL LAWS OF WISCONSIN. ^ urer will also receive all money paid on account of delinquent taxes, and pay the same over'^'to the proper district treasurers. No school taxes except district taxes will be returned, if the law is complied with. It is the duty of the town treasurer to notify the town clerk of any money which he holds subject to apportionment by said town clerk, and to inform district treasurers promptly of any funds in the town treasury belonging to the respective districts. District treasurers are not required to accept any taxes or school funds from the town treasurer in anything but cash. The certificate required to be made on or before the second Monday in March, in each year, must state specifically the several amounts re- ceived from town and county tax, and the amount of income unappor- tioned whicTi remains in the town treasury; it must also include any money apportioned the previous year, which has not been paid over to the district treasurers. Reference is here made to section 557. The piirpose of the certified statement to the district clerk of the amount of money paid by the town treasurer during the year next preceding, to the district treasurer, is to give the district clerk the data upon which settlement with the district treasurer can be made in time for report at the annual meeting. As the annual meetings are now held on the first Monday in July, the statement should be fur- nished earlier as the law now demands. DISTRICT TAXES. 95 VII.-ASSESSMENT AND COLLECTION OF DISTRICT TAXES- Assessment. Section 469. All school district taxes, unless otherwise specially provided by law, shall be assessed on the same kinds of property as taxes for town and county purposes, and all personal property which, on account of its location or the residence of its owner, -is taxable in the town shall, if such locality or residence be in the school district, be likemse taxa- ble for school district purposes. Valuation of realty. Section 470. Whenever any real es- tate in any school district shall not have been separately valued in the assessment roll of the town, and the valuation of such real estate cannot be definitely ascertained from such assessment roll, the town clerk sliall estimate the value of the same in pro- portion to the valuation affixed in said assessment roll to the whole tract of which such lot or piece of land forms a part. Assessments in joint districts. Section 471. In case of a joint district the assessors of the town, city or village in part embraced therein shall meet at the district school-house on or before the Saturday next preceding the time fixed for the return of the assesment rolls, and shall then compare the valuation of taxflble property in the several parts of such district sepa- rated by town lines, and determine whether the relative valua- tion be just or not; if considered unjust they shall then deter- mine the relative proportion of district taxes to be assessed upon the several parts. If they cannot agree upon either of said mat- ters they shall call to their aid the supervisors, trustees or al- dermen of the several towns, city or village so in part embraced; if the assessors and supervisors cannot determine the question they shall call to their aid the chairman of an adjoining town, whose vote shall decide the controversy. The determination 96 SCHOOL LAWS OF WISCONSIN. ' ~' when made shall be certified in writing to the district clerk. If any such officer shall refuse or neglect to act when called on as above provided he shall forfeit twenty dollars. Statement as to taxes. Section 472. Each district clerk shall, on or before the third Monday of JSToveniber in each year, deliver to the town clerk a statement in writing, verified by his affidavit, showing the amonnt of taxes voted to be raised at the last annual meeting or at the first meeting after the organiza- tion of the district, or both, as the case may require, and all of the taxes voted at any special meeting held during tthe then next preceding year, and also 'the amount of tax therefor voted to be collected in such year, if any, for the annual payment of any loan, and also the amount to be paid by such district, if any, under the provisions of section 421. In case of a joint district he shall deliver to the clerk of each town, city or village in which any part of the district is situated a statement so veri- fied showing the proportion of such taxes to be assessed in that part of the district within such town. If such proportion shall not have been determined as provided in the last preceding sec- tion it shall be ascertained from the valuation contained in the last assessment rolls of the respective to^viis, city or village; and to that end the clerk of each such municipality shall, on or before the last Monday in September in each year, deliver to the district clerk a certified statement of the valuation of the real and personal property in that part of such district lying therein as the same appears from said assessment roll. See Forms Nos. 30 and 31. Assessment by town clerk. Section 473. The to^\m clerk shall assess the taxes so 'certified upon the property liable there- to, placing the same in a separate column in the next tax roll of his town, whenever so certified, before he shall have delivered the roll to the town treasurer for collection, although after the third Monday of l^oveniber; if any such sliall not be assessed in the next tax roll after being voted it shall be assessed in that of the next succeeding year. Such taxes shall be collected or returned delinquent by the town treasurer and collected by the county treasurer in all respects like other taxes. Upon the delivery to him of such statement, the town clerk should give the district clerk a, certificate that he has received the same, stat- ing the amount of the tax, and the time when received, which certifi- cate should be filed in the oflice of the district clerk. DISTRICT TAXES. • 97 It will be noticed that this statute makes it the duty of assessors to meet and make the equalization without notice or demand on the part of any other officer. Assessors should try to arrange for such meeting by agreement, if possible; otherwise each assessor should be at the district school house (the place of meeting designated by the statute) on "the Saturday next preceding the time fixed for the re- turn of the assessment rolls," first giving each other assessor due notice to be present on that day. The law contemplates that in joint school districts the district taxes shall be apportioned between the several parts of the district lying in different towns, not on the basis of valuations fixed by the assessors of such several parts, but' on the basis of the equitable relative valuation of such several parts, to be ascertained and determined by the assessors in joint meeting as di- rected in said section 471. Frequent complaints are made of injustice between different parts of joint districts, where the assessment in one town was on a higher or lower percentage of true value than in the other town or towns into which the district extended, such injustice resulting from a failure on the part of assessors to meet and make the equalization as required by the statute. This subject should be made a matter for special mention on the part of the assessors of towns having joint school districts, 7 98 SCHOOL LAWS OP WISCONSIN, VIII.-BORROWING MONEY When ; security. Section 474, Whenever upon any un- usual exigency any school district shall, before the annual meeting, vote a special tax to be collected with the next levy, the district may by vote authorize the district board to borrow, for a period not exceeding one year, a sum not exceeding the amount of such tax, and by such vote set apart such tax when collected to repay such loan; and thereupon the district board may borrow such money of any person, and on such terftis, and execute and deliver to the lender such obligation therefor and such security for the repayment, including a mortgage or pledge of any real or personal property of the district, subject to the directions contained in the vote of the district, as may be agreed upon and not prohibited by law. The district may, at any time before ttie annual meeting, upon any unusual exigency, vote a special tax to be collected with the next levy (notice of such purpose being duly given, as provided in section 427), and the district may authorize the board to borrow the same amount for immediate use. Loan for building, how authorized. Section 475. For the purpose of aiding in the erection of a school-house any school district may, by vote at any annual or lawfully called special meeting, authorize the district board to borrow money. The resolution to be voted on shall be in writing, specifying the amount to be borrowed, the rate of interest and the time and manner of payment, which shall be in annual instalments, the last of which shall be payable. in not exceeding ten [fifteen] years from the first day of February next ensuing. Such reso- lution shall be read to the meeting and the vote taken thereon by ballot. The ballots shall be written or printed: those in favor of the loan, "for the loan;" those opposed, "against the loan." The resolution and th<3 vote shall be recorded, and, if BORROWING MONEY. 99 adopted by a majonty, tlie district board sliall bo tliereupon authorized to borrow sucli sum of any person on such terms, and execute and deliver to the lender such obligation therefor and such security for payment, including a mortgage or pledge of any real or personal property of the district, subject to the direction contained in ihb resolution voted, as may be agreed upon, not prohibited by law, and shall also levy a tax to be annually collected thereafter suihcient to pay the interest an- niTaly on such loan and the annual instalments of the principal provided to bo paid in each year. Use of funds — Vote final. Section 476. The money bor- rowed under authority of either of the last two preceding sec- tions shall be paid into the district treasury and be expended only for the purposes for which it was voted or borrowed. After any such loan shall have been made no power shall ex- ist to rescind or reconsider any such vote or obstruct the col- lection of such tax; and the district treasurer shall apply every such tax- when received by him exclusively to the payment of such debt so far as necessary to discharge the amount to which such tax was devoted. The special provisions of the law as to borrowing money to aid in building a schoolhouse, should be . carefully examined and complied with; likewise those contained in the last preceding section, which apply to both the sections preceding it. Particular care should be taken to notify the electors, as provided in section 427, and every op- portunity should be given for a fair and full expression of the will of the people. The resolution to be voted on at the meeting should be carefully drawn up, and the collection of a direct annual tax sufficient to pay the interest on the debt as it falls due, and also to pay and discharge the principal within twenty years (fifteen years if the money is to bo borrowed from the state trust funds) of the time of contracting the debt must be provided for by the electors-«,t the meeting. The district board has no authority to levy a tax except as provided in section 437. Loan to refund indebtedness. Section 4:1 Ga. Any school district may, by vote at an annual or special meeting, author- ize the district board to borrow money for the purpose of re- funding its indebtedness. A written resolution shall be read at such meeting specifying the amount to be borrowed, the rate of interest and the amount of each instalment of principal and time when it shall be paid. The last instalment shall be paya ble in not exceeding twenty years from the time the indebted- ness was originally contracted. The vote on such resolution j^OO SCHOOL LAWS OF WISCONSIN. -, . - shall be taken by ballot, and voters favoring its adoption shall cast a ballot on which shall be the words "for the loan," those" opposed a ballot on which shall be the words "against the loan/"' If a majority of the votes cast are in favor of the loan the board may borrow the specified amonnt on snch terms as may be agreed npon conformably with snch resolution and not pro- hibited by law, and execute the bonds or other obligations of the district for such sum. The district shall levy a tax to be collected annually thereafter sufhcient to pay the annual inter- est on such loan and the instalment of the principal to be paid in any year. After any such loan shall have been made such vote shall not be rescinded or reconsidered, nor shall the collec- tion of such tax be obstructed, and the tax when collected shall be applied exclusively to the pa,yment of such indebtedness. The money so borrowed shall be paid to the treasurer and shall be expended solely for the purpose for which it was borrowed. This law relates only to refunding loans previously made, not to loans made in the first instance by school districts, and authorizes such districts to extend the period for twenty years during which the loan is to be paid. Borrowing money for teachers' wages, etc. SECTioisr 1. (Chap- ter 40, laws of 1901.) Any school district may, by vote, at any annual, or lawfully called special meeting, authorize the district board to boiTOW money for a period not exceeding six months, for the purpose of paying teachers' wages and usual school ex- penses, not exceeding the amount of district taxes voted for such purposes at such meeting, to be collected mth the next levy. Section" 2. Any district board, after being so authorized may borrow such money of any person for not exceeding six months, and deliver to*' the lender thereof an order on the dis- trict treasurer for the amount so bon-owed, payable on or before six months after date thereof and drawing interest from date thereof not exceeding seven per cent, per annum. This chapter will also be found in connection with section 430, treat- ing of powers of districts. (Chapter 342, Laws of 1901.) For the purposes expressed in section 474 of the statutes of 1898 and chapter 40 of the laws of 1901, any high school district board is hereby authorized and empowered to borrow money whenever directed by the electors of such high school district assembled at a meeting regularly BORROWING MONEY. 101 called and lield for that purpose, pursuant to the provisions of section 427 of the statutes of 1898. The payment thereof shall be j)rovided for by said board by a tax to be raised and certified as provided in this section. This chapter provides for a special meeting of the electors of a free high school district and gives them power to authorize the high school board to borrow money to be applied to carrying on the high school only. This chapter will also be found in that part of this vol- ume treating of the high school law. School district loans. Sectioist 261, (Statutes of 1898, amended by chapter 129, laws of 1899, and by chapter 123, laws of 1901.) Every loan to a school district may be made for such time not exceeding fifteen years, and of such amount as to- gether with all other indebtedness of such district, shall not ex- ceed five per centum of the last preceding assessed valuation of the real property in such district, and not exceeding in any case twenty-five thousand dollars, as may be agreed upon; the prin- cip'al shall be payable in equal annual instalments from a time fixed by said commissioners, with interest at the uniform rate of three and one-half per centum per annum, payable annually. 'No such loan shall be made until proof be filed in the office of said commissioners of the complete perforaiance on the part of such district of each and every act hereinafter required to pre- cede the same. The law of 1898 limited the time of loans to school districts to ten years and the amount to ten thousand dollars, and fixed the rate of interest at four per cent. The law of 1899 changed the time to fifteen years and fixed the rate of interest at three and one-half per cent. The law of 1901 raised the amount that may be borrowed by any one aistrict to twenty-five thousand dollars. Carefully study all laws and directions given in this volume for borrowing money before application for a loan is made. Borrowing money — Cities. (Chap. 387, Laws of 1901, amend- ing Chap. 81, Laws of 1899.) All cities of the third and fourth class operating under a special or general charter, are hereby authorized to levy annually a special tax for school purposes, not exceeding three and one-half mills on the dollar of the assessed valuation of all the real and personal property in said city for that year, in addition to the total tax now authorized to be levied' by such cities. Loans from the trust funds. Section 1. (Chapter 72, laws of 1901.) The annual interest and installments of principal 102 SCHOOL LAWS OF WISCONSIN. of all loans granted hereafter from the trnst funds of the state to counties, to^wns, villages, cities or boards of education and school districts, shall be payable on the first day of February of each year after the granting of such loans. This chapter fixes the time of paying the installments of principal and interest referred to in chapter 123, laws of 1901, printed above. Application for. Section 262. Before applying for such loan, every school district shall authorize such application by a vote of a majoii'ty of the legal voters of said district voting on such question, and if at a special meeting, the object of such meeting shall be clearly stated in the notice thereof, and such district shall not thereafter rescind said tax, reconsider such vote, or in any wise hinder, delay or postpone the levy and col- lection of the tax so voted, and shall not expend the money so raised or loaned for any other purpose. Application for such loan shall- be made by the district board of such school district in writing, stating the amount required, the assessed valuation of the taxable real propei-cy of such district, and the total as- sesed valuation of the taxable property of such district as shown by the last assessment roll; and if such district be a joint district such assessed valuation in its several parts separately, so that the valuation of so much thereof as lies in each town of which it is a part may be readily known; and the total amount of all the other indebtedness of such district and the facts in detail in respect to the holding of the meeting and passing the votes required as aforesaid, and shall be accompanied by a correct map or plat of such district. Such application and map shall be recorded in the office of said commissioners ; and such application and the record thereof and such statement shall be conclusive evidence of the facts therein stated. All such applications shall be acted upon by the said commissioners in the order of time in which they shall be filed. Loans to schools under township system. Sectiojst 262a. Loans to the board of school directors of any town in wliich the township system of schools exists shall be made only when ap- plication therefor shall have been authorized by a majority of the electors of the town voting on the question at an annual town meeting, or at a special town election called and held in the manner provided by law. The question of authorizing an application for a loan shall be submitted in the form of a reso- lution which shall state the amount for which application shall be made and the time for payment of the loan. The vote on BORROWING MONEY. 103 tlie adoption of such resolution shall be by ballot. Tke applica- tion to the commissioners shall be signed by the president, vice- president and secretary of such board, and the certificates of in- debtedness required as evidence of the loan shall be signed by them. The town treasurer shall receive and receipt for the money and pay it out as other moneys belonging to the school fund of the township are paid out, but only for the purpose for which the loan was made. Except as herein provided the statutes governing loans to school districts shall, so far as ap- plicable, control loans made to such boards. The granting of loans from the trust funds of the state for the purpose of aiding in the erection of school houses is frequently delayed on account of errors and omissions in the application and accompany- ing papers. To aid school district officers to avoid errors and facili- tate the granting of loans, the following statements are given: 1. The law requires that the authority to borrow money must be given by vote at an annual or lawfully called special meeting. 2. That the resolution to be voted on shall be in writing and shall specify the amount to be borrowed, the rate of interest, and the timo and manner of payment. 3. The resolution to be voted on shall be read to the meeting and the vote thereon taken by ballot. 4. The ballots shall be written or printed; those in favor, "for the loan;" those opposed, "against the loan." 5. The resolution and the vote shall be recorded. 6. If the resolution is adopted the meeting shall also levy a tax to be annually collected to pay the interest and principal of such loan as they become due. Section 327, Wisconsin statutes of 1898, gives the law relating to special school district meetings. That statute and the comments thereon should be very carefully studied before any steps are taken toward calling a special meeting for the purpose of securing a loan from the state. In order that the essential points may not escape your notice, they are also placed here: 1. The special meeting must be called on the written request of at least five legal voters. 2. Notices for such special meetings must be posted in four or more public places in the district; one of which shall be affixed to the outer door of the schoolhouse at least six days before the date on which the meeting is to be held. 3. If a loan is to be authorized, tax levied, or debt contracted, notice of the meeting must be served on at least three-fourths of the legal voters (men and women), either personally or by written notice left at their place of residence, stating the time and place, and objects of the meeting, and specifying the amount proposed to be voted, at least six days before the time appointed therefor, exclusive of the day on which the meeting is to be held. 4. A record of the proceedings of the special meeting should show that every requirement of the statutes has been observed. The following outline which may be modified to conform to the facts, will serve as a guide to aid in making a sufficient record of the proceedings of the special meeting, and a certified copy of such record 104 SCHOOL LAWS OP WISCONSIN. must accompany all applications made to tlie Commissioners of fuDlic Lands foi* loans from the trust funds: Minutes of the proceedings of a special meeting of school district No of the town of in county, Wisconsin, held at the schoolhouse in said district on the day of , 19...., at o'clock in the noon. The meefing was called to order by Mr was elected chairman and the school district clerk acted as clerk. Mr , school district clerk, read an affidavit showing that the meeting was called on the written request of at. least five legal voters of the district, and that notices thereof were posted in the manner prescribed for calling the annual meeting, and that at least three-fourths of the legal voters (men and women) had been notified either personally or by a written notice left at their places of residence, stating the time, place and objects of the meeting, and specifying the amount proposed to be voted, at least six days before the time appointed therefor, exclusivje of the day on which the meeting was to be held, which said affidavit is in the words and figures following, to-wit: County. — ss. , being first duly sworn, on oath, deposes and says that he is the duly elected and acting clerk of school district No , of the town of , in county, Wisconsin ; that on the day of , 19 .... , a request in writing was filed with this deponent, requesting deponent to call a special district meeting on the day of , 19 .... , at o'clock in the noon, which said request is in the words and figures following, to-wit: (Here give request in full.) That thereafter on the day of , 19 .... , deponent posted notices in 'public places in said district, one of which was affixed to the outer door of the schoolhouse in said district, of which the following is a true copy: (Here give notice in full.) That on the day of , 19 .... , this deponent notified the following named legal voters of said district personally, by read- ing the said notice to them: (Here give names of voters personally notified.) And on the same day deponent notified the following named legal voters of said district by leaving a true copy of said notice at their places of residence: (Here give names of voters so notified.) That the persons on whom such notice was served as aforesaid constitute at least three-fourths of all the legal voters of the district. Subscribed and sworn before me this day of , 19. .. Justice of the Peace. The following resolution was read to the meeting: ''Resolved That the school district board be and it is hereby author- ized to make application for a loan of dollars from the state trust fund, payable in years, with interest at the rate of 31^ per cent, per annum, payable annually (See chapter 72, as printed above) for the purpose of building a schoolhouse." BORROWING MONEY. 105 The question being on the adoption of the resolution, a vote was taken by written ballots, which resulted as follows: For the loan Against the loan Majority for the loan The following resolution was then offered and adopted: Resolved, That a sum suflicient to pay the interest and principal of the loan as it becomes diie, be and the same is hereby levied upon the taxable property of the district. I, , clerk of the school district above named, do hereby certify that the above and foregoing is a true copy of the record of the proceedings of the meeting therein referred to; that I have com- pared the same with the original record in my custody" and that it is a true copy thereof and of the whole of such original record. Dated , 19... District Clerk. The form of request to the clerk to call a special meeting is given in this connection for the convenience of school officers and electors. The electors may at the meeting vote to borrow a smaller sum than that named in the call but cannot vote to borrow a larger amount. Request to District Clerk to Call a Special Meeting. To , Clerk of School District No of the Town of : Sir: — You are hereby requested to call a special meeting of the above District on the day of , 19. ., at o'clock in the noon, for the purpose of voting on the following propo- sitions, viz.: 1st. To authorize the School Board to make application for a loan of dollars from the State Trust Funds, payable in years, witli interest at the rate of 3% per cent, per annum, payable annually, for the purpose of building school house. 2nd. To raise by tax a sum sufficient to pay the principal and in- terest of such loan as it becomes due. Signed: The form of notice for a special school meeting given herewith is one adopted by the land commissioners, and the district clerk should, as far as possible, make copies to be posted agree with this form. It must not be forgotten that copies of the notice must be served upon at least three-fourths of the electors (men and women) of the district, at least six days before the meeting and exclusive of the day on which the meeting is to be held. Any failure to follow the direc- tion given in section 427, of this code, is likely to invalidate all proceed- ings of the electors at said special meeting. "(Form of Notice for Special School Meeting.) Notice is hereby given to the qualified voters of School District No. , Town of , that a special school IQQ SCHOOL LAWS OF WISCONSIN. meeting of said district will be held at , in said dis- trict on the day of , 19 , at o'clock P. M., for the purpose of voting the following propositions, viz.: 1st. To authorize the school board to make application for a loan of dollars from the State Trust Funds, payable in years, with interest at the rate of 3% per cent, per annum, payable annually, for the purpose of building school house. 2d. To raise by tax a sum sufficient to pay the principal and interest of such loan as it becomes due. (Signed) , District Clerk. Dated Liability for loans; change of boundaries; taxes; joint districts; officers' duty. Section 263. All the taxable property in any school district which has heretofore obtained or shall hereafter obtain any loan from the state shall stand charged for the pay- ment of the principal and interest thereof; and the boundaries of such district shall not be so altered as to exclude therefrom any land included therein at the time of making such loan, until such loan shall be fully paid, without the consent of said com- missioners and upon such terms as they shall prescribe; and there shall be annually levied upon the taxable property of such district, besides all other taxes, a tax sufficient to pay the annual interest and annual install ments of principal of such loan, as hereinafter provided. Whenever a joint school district shall make any such loan, the clerk of such district shall notify in writing the town clerks of the several towns of which such district is composed, of such loan and the tenus thereof; and thereafter the town clerk of each town shall, on or before the second Mon- day of September in each year, until such loan be paid, trans- mit to the secretaiy of state a statement oertiiied by him of the valuation of all taxable property belonging to that part of such district which lies in his town according to the last assessment loll; or if the same shall have been equalized, as provided in sec- tion four hundred and seventy-one, such equalized valuation thereof. The secretary of state shall in every year furnish to the county clerk of each county, in wliich lies any school dis- trict or part of district from, which any such payment is to be- come due the amount to be levied upon such district, or, if a joint district, upon each such part of such district as lies in any town in such county, at the same time that he furnishes that of- ficer a statement of the state tax. In apportioning such tax to the parts of a joint school district lying in separate towns, the secre- tary of state shall take, as the true valuations the valuations of SOUtlOWING MONEY. lOt the taxable property stated in the application for such loan, until amended by the certified statements aforesaid of the town clerks of all the towns in which such joint district lies. The county clerk, on receiving such statement, shall include the amount due from such district or |)art of district in his apportionment of state taxes to the town ; but it shall be carried out in a separate column and the district from which it is due shall be specified. The town clerk shall charge and carry out such amount on his tax roll to the district or part of district to which it belongs, in a separate column, and the tax shall be collected and paid over with and in the same manner ,as the state tax. •j^OS SCHOOL LAWS OF WISCONSIN. IX -SCHOOL HOUSE SITES. How obtained. Sectioisi- 4Y7. Whenever a school-district shall have designated by a majority vote of the electors there- of present at an annual meeting or at a special meeting called for that purpose, a school house site or an addition thereto, and shall be unable to obtain the same on account of the refusal of the owner to sell or lease the same for a just and reasonable comiDensation, or on account of his being a non-resident or un- known, the district board, when directed so to do by a vote of the electors of such district meeting, shall make application to the town board of their town to locate and establish the site or any addition thereto so designated. Notice to land owner. Section 478. Whenever any such ap-. plication shall be made to the town board said board shall make and .sign a notice in writing of such application, containing a description of the land upon which it is proposed to locate such a site or addition and the time and place when and where they will meet to decide upon the same. Such notice shall be served or caused to be served by the district clerk upon all the occupants of such land and all the owners thereof who are known and are residents of this state at least six days previous to the day fixed for such meeting. Such notice shall be served by delivering a copy thereof to each such occupant and owner or by leaving the same at their re- spective residences with some person of suitable age and discre- tion; and if the owner or owners of said land be unknown to said board or shall reside without this state then such notice may be served by publishing the same in the newspaper pub- lished nearest said land once in each week for six successive weeks next before the said day of meeting. Compensation. Section 479. The town board shall meet at the time and place fixed in said notice, and upon due proof of SCHOOL HOUSE SITES. 109 tlie service of [or] publication of said notice they shall locate and establish such site or addition for said district. They shall cause an accurate survey and description to be made, and fix and award the compensation to be made to the respective owners for the same, including all damages respectively sustained by such owners by reason of such taking of said lands, and within ten days thereafter make out and sign duplicate certificates, con- taining a statement of their action upon such application, an ac- curate description of the land taken and the amount of com- pensation and damages awarded to each of said owners, one of which shall be delivered to the occupant or owner of the lands so taken, if known and a resident of this state, and the other, together with the proofs of publication or service of said notice and such survey, to the clerk of said district, who shall cause said certificate to be recorded in die office of the register of deeds of the proper county; provided, that said board may, in their discretion, before agreeing upon their award, adjourn from time to time, not exceeding in all ten days. Payment. Section 480. The sum of money so awarded by said board shall be paid to the owner of the land upon which such site or addi>ti6n is located, or in case the owner is a non- resident or unknown, or refuses to accept the money, it shall be deposited with the treasurer of the district to the order of the owner of said land; said district , shall not occupy said land without the consent of the owner thereof until such money shall be paid, tendered or deposited as aforesaid. Appeal. Section" 481. Any person aggrieved by the de- cision of the town board in the award of damages or otherwise may, within twenty days after filing their duplicate certificate with the clerk of such district, appeal therefrom to the circuit court of any county in which such site or addition or any part •thereof is situated, by filing with such clerk a. notice of appeal, specifying all the grounds of his appeal and paying to such clerk one dollar for state tax and one dollar for making returns thereto. Within twenty days thereafter such district clerk shall deliver to the clerk of said circuit court a certified copy of such certificate, together with such notice of appeal, with the date of service thereof indorsed thereon, and pay to him one dollar state tax; and thereupon the clerk of said court shall en- ter an action in his court record in which the said appellant ]^10 SCHOOL LAWS OF WISCONSIN. shall be plaintiff and the scliool district defendant. The issne in said action shall be the legality of all the proceedings taken by the school district and town board in taking the lands of the plaintiff for such school house site or addition thereto which are set forth iii the notice of appeal as grounds therefor, and the amount of compensation and damages to which he is entitled therefor. Such issue shall be tried without further pleadings as other issues of fact are tried, and judgment thereon be rendered and enforced as in other personal actions in such court ; pro- vided, that when the legality of the proceedings is not made an issue or is sustained and the plaintiff does not recover a larger sum for damages than was awarded to him, he shall not recover but shall pay costs. Quantity of land. Section 482. 'No school-house site shall contain more than one acre unless with the consent of the owner of the land taken therefor. All land so taken against the will of the owner, when it shall cease to be used as a school house site or addition, shall revert to the original owner, his heirs or assigns; and no land shall be so taken that may not be taken for .highway purposes without the consent of the owner thereof. Proceedings by joint districts. Section 483. If such appli- cation be made by a joint district it shall be made to the town boards of the several towns in which such district is situated, and such town boards shall act together as one board in all pro- ceedings as hereinbefore prescribed. Infant's land, how obtained. Section 484. Whenever any school district shall locate a site for a school house upon any land owned by an infant or in Avhich an infant has an interest the circuit or county court of the county in which the land is situated may, upon application of the parent or guardian of such infant, authorize such parent or guardian to execute a perpetual lease of such site not exceeding one acre in quantity, and Avhen any such land is held in trust for an infant his trustee may in like manner apply for authority to make such perpetual lease. All such leases shall vest in the lessee the in- terest of such infant and of his trustee in such land so long as the same is occupied for school purposes. Such authority shall not be granted unless it shall be made to appear satisfactorily to said court that [the] premises are needed for school purposes, "" SCHOOL HOUSE SITES. HI that the said school district is willing to paj therefor a con- sideration deemed adequate by the court and that the interest of such infant will not be prejudiced by reason of said lease, and before making such order the court shall require the person authorized to make siieh lease to give a bond to account for and pay over the consideration received therefor as in cases pro- vided by law for the sale of the lands of minors. The foregoing sections embody the laws in force as to the establisli- ment of school house sites. The town board is to be called upon, not to select or designate a site in any case, but to locate and establish the same or any addition thereto, when the district cannot obtain it on reasonable terms, or because the owner is a non-resident. The last section points out the course to be pursued when the site selected is on land owned by an infant, or in which an infant has au interest. 112 SCHOOL LAWS OP WISCONSIN, X.-IJBRARIES. Reference works, miscellaneous books and books for supplementary reading for school use may be obtained in three ways: First. — Under subdivision 10 of section 430, which gives the school district meeting power to appropriate certain sums of money for the school district library. Second. — Under section 486, which allows two or more districts to unite in purchasing and maintaining a joint library. Third. — Under section 486a, known as the township library law. Nearly all the school district libraries of the state have been secured under this law, which has proved the most efficient and has secured the best results. Librarian; actions. Section 485. The clerk of the district or such other person as the legal voters shall appoint shall be the librarian and have the care and custody of the district li- brary under the supervision of the district board. All actions relating to snch libraries or for the recovery of any penalties lawfully esta.blished in relation thereto shall be brought in the name of the proper school district. Joint libraries. Section 486. The legal voters of any two or more adjoining school districts may, with the approval of the town board, unite their libraries and library money and may purchase a joint library or additions thereto for such districts, to be selected by the district boards thereof or by such person as they shall designate, and to be under charge of librarians to be appointed by such district boards. Every such joint libraiy and its appurtenances shall be vested in and all actions relating thereto shall be brought in the names of all the districts owning such joint library. In case such district shall desire to divide any such joint library such division shall be made by the di- rectors of the districts owning the same, or by the town super- visors if such directors cannot agree; and any school district may donate and sell any book or books belonging to the district library to the town in which it is situated to form a part of the tjQym library. LIBRARIES. 113 REGULATIONS. The following regulations for the management of school district libraries are prescribed by the state superintendent, under the author- ity of section 166 of the revised statutes: 1. The district librarian shall have charge of the library, and shall keep a catalogue of all the books in a book to be provided by the dis- trict for that purpose. 2. Every volume in a library shall have pasted on the inside of the cover a printed paper, giving the name of the district; the number of the volume; the fine for not returning it within the specified time, and for the loss of or injury to any book. Blanks for this purpose will be furnished to districts upon application to the state superintend- ent. 3. Every volume loaned shall be entered by the librarian in a book, to be provided by the district for that purpose, by its number, with the day on which it was loaned; the name of the borrower, and the name of the person to whom it is charged (see regulation 5) ; the date when returned, and condition of the book; the fine assessed for deten- tion, or injury done to the book in the following form: Time of delivery. J 930 June 10, Number of book. To whom delivered. Jno. Ward To whom charged. W. Green. When returned. June 2t. Condition of book. Good. Fine for detention. Fine for injury 4. No person shall be allowed to have more than one volume at a time, or to retain it longer than two weeks; nor shall any person who has incurred a fine imposed by these regulations, receive a book while such fine remains unpaid. 5. Books may be loaned to minors and charged to their parents, guardians, or other persons with whom they reside, who shall be responsible for the books under these regulations. 6. On the election of a librarian, his predecessor shall, within ten days thereafter, deliver to him all the printed and manuscript books, pamphlets, papers, cases, and all other property belonging to the li- brary which is in his custody, for which the librarian shall give him a full receipt, discharging him from all responsibility therefor except in tlie case herein provided; and on receiving the library prop- erty, the librarian shall carefully examine all books, etc., and if any loss or injury shall have been sustained, for which a fine has not been imposed by his predecessor, or for which a fine has been Im- posed and not certified by him to the treasurer, the librarian shall certify the amount thereof to the treasurer, who shall collect the same of such predecessor in the same manner as other fines are col- lected. 7. In case of vacancy in the ofiice of librarian, the district clerk shall perform the duties of librarian until the vacancy is filled. 8. If any person, having held the office of librarian, shall neglect or refuse to deliver to his successor all the library property, as pre- scribed in the sixth regulation, the director shall forthwith commence an action in the name of the district board for the recovery of the property he shall so neglect or refuse to deliver. 114 SCHOOL LAWS OF WISCONSIN. 9. On the return of any book to the library, the librarian shall ex- amine it carefully, to ascertain what injury, if any, has been sus- tained by it, and shall charge the amount of the fine accordingly; and in every case of injury not specified in these regulations, he shall assess the amount of damages to be paid, subject to revision by the district board. 10. The following fines are established by the state superintendent, viz.: 1st. For detaining a book beyond two weeks, five cents per week. 2d. For The loss of a volume, the cost of the book; and if one of a set, an amount sufficient to replace it, or to purchase a new set. 3. For a leaf of the text torn out or lost, or so soiled as to ren- der it illegrble, the cost of the book. 4th.«For any injury beyond ordinary wear, an amount proportionate to the injury, to be estimated by the librarian. 5th. Whenever any book shall not be returned within six weeks from the time it was loaned, it shall be deemed to be lost, and the person so detaining it shall be charged with its cost in addition to the weekly fine for detaining the book, up to the time such charge is made. But if the book is finally returned, the charge for loss shall be remitted; and the fine for not returning the same be levied up to the time of such return; provided, that in no case shall the amount of weekly fines exceed double the cost of the book. 11. On the third Monday of August, November, February and May, and also immediately before he vacates his office, the librarian shall report to the district treasurer the name of every person liable for fines, and the amount each such person is liable to pay; and the treas- urer shall give the librarian a certificate of the same, a.nd immediately proceed to collect the same, and if not paid shall so cfertify to the director, who shall forthwith bring an action in the name of the dis- trict board for the recovery thereof. 12. All library fines shall be paid to the district treasurer, who shall keep account of the same, and shall report thereon to the annual district meeting, giving the name of each individual fined, the amount of the fine, and the sum total of all fines, which report shall be re- corded by tlae clerk; and the district treasurer shall be responsible for all fines uncollected through his neglect. 13. On the first day of July in each year, the librarian shall report to the district clerk as follows: 1st. The number of volumes in the library; 2d. The number of volumes purchased during the year; 3d. The number of volumes presented during the year; 4th. The number of volumes loaned during the year (counting each volume once for each time it is loaned) ; 5th. Amount of fines collected; 6th. Amount of fines expended. 14. The irbrary fines collected must be first applied to the replacing of lost volumes, binding pamphlets, and rebinding such books as may require it. 15. In case of joint libraries, the reports required above shall be made to the officers of the district in which the library is located. Township libraries. Section 1. (Chapter 2^2, Laws of 1899, amending section 48 6 a, Statutes of 1898.) The treasurer of every town, incorporated village, or city of the fourth class in this state, shall withhold annually from the apportionment re- •^ ' LIBRARIES. 115 ceived from the school fund or other income for the school dis- trict or districts, the school house or school houses of which are located in his town, village or city, an amount equal to ten cents per capita for each person of school age residing therein, for the purchase of library books as hereinafter provided. Between the first days of May and September of each year, the town, "\dllage or city clerk except 'that in cities having a board of edu- cation such board of education, or a majority thereof, shall act in place of the city clerk, shall with the assistance and advice of the county or city superin- ^tendent of schools, as the case may be, expend all such money in the purchase of books selected from the list prepared by the state superintendent, for the use of the several school districts from which money has been so withheld, said books to be distributed among said districts, in proportion to the amount of money withheld from each. In the case of joint districts be- tween one or more towns, a town or towns and an incorporated village or city, the 'treasurer or treasurers of the town or towns, shall transmit to the treasurer of the town, village or city in which the school house or houses may be located, on or before the first day of June of each year, an amount equal to ten cents per capita for each person of school age residing in that part of the joint district in his town at the time of the last annual school census. The state superintendent shall prepare, as often as he shall dee^m necessary, lists of books suitable for school district libraries, and furnish copies of such lists to each town, village or city clerk or secretary of the board of education, and to each county or city superintendent, from which lists the above desig- nated officers shall select and purchase books for use in such school libraries. Each town, village or city clerk, or secretary of the board of education, shall keep a record of the books so purchased and distributed in a book provided for that purpose. For such services properly performed, each clerk or secretary shall be allowed two dollars per day for each day actually and necessarily devoted thereto, such sum to be paid out of the town, village or city treasury. Section 2. The state superintendent shall have authority to suspend the oneration of this act in anv school district, town, village or city which shall maintain a free public library by giving due notice of such suspension to the clerk of such school district, town, village or city. This amendment to section 486a, chapter 27, extends the operation of the township library law. Hereafter, cities of the fourth class IIQ SCHOOL LAWS OP WISCONSIN. (cities having a population of ten tliousand or less) and incorporated villages are brought within the provisions of the law. Librarian and records. Section 4866. Unless the school dis- trict shall at the annual meeting elect some other person librar- ian, the clerk shall act as librarian and receive and have the care and custody of the books so distributed to the district, and shall loan them to teachers, pupils and other residents of the district in accordance with the regulations prescribed by the state su- perintendent. The clerk shall keep a record of the books re- ceived from the town clerk in a book furnished by the state su- perintendent through the town clerk; but during the time school is in session the library shall be placed in the school house and the teacher shall act as librarian under the super- vision of the clerk or of the librarian elected at the annual meeting. The state superintendent shall furnish to each town clerk suitable record books for his use and the use of the several clerks in his town. Farm bulletins. Section 486c. The superintendent of agri- cultural institutes shall deposit with the state superintendent a sufficient number of copies of the bulletins of such institutes to supply every public school library with one copy of each edition thereof, which bulletins the state superintendent shall send to the various town clerks, who shall distribute them to such libraries in their respective towns, from which they shall be loaned in like manner and under the same regulations pre- scribed for the loaning' of books therein. Librarian under township system. Section 48 6f?. In towns having the tov/nship system of school government, all duties prescribed for the town clerk in regard to township libraries shall be performed by the secretary of the town board of school directors. Under this law money for library purposes must be withheld an- nually by tlie town treasurer from the state school fund income or other funds. The amount withheld is equal to ten cents for each person of school age residing in the school districts whose school- houses are situated in the town, whether all such persons reside in the town or not. When the money for the library fund has been with- held, it is made the duty of the town clerk to purchase the books under the conditions imposed by the law. He has no discretion in the matter. In furnishing books to joint districts, as in withholding money, all difficulties are settled by ignoring the fact that there are joint dls- LiBIlAtllEg. llf tricts and treating each district as if it belonged entirely in the town in which its school-house is situated. The matter of equalizing thei expense incurred under this law through settlement with town treas- urers in case of joint districts must not be permitted to delay thd prompt purchase of books by the clerk. SELECTION OF BOOKS. In compliance with the law the state superintendent has prepared a list of books from which town clerks may select. This list may- be had on application to the department of public instruction. The books mentioned in this list are those which the experience of teach- ers has proved of the most w<»rth in inspiring pupils to read and study and in widening their information. SUGGESTIONS TO SCHOOL OFFICERS. The main objects of school libraries are to aid the teachers and pupils in extending and giving freshness to the regular studies of the schools and to train the children to read and enjoy good books. To secure these results the books should be kept in the school rooms during term time except when loaned by the teacher. Bach district board should provide a secure case, with lock and key, for keeping the books clean and safe, when not in use. This case should be kept clean and free from dust. The books, except very heavy ones which should lie on their sides, should stand upright on the shelves. The binding and stitching of books are injured and their general appearance marred by standing "lopsided." The teachers should receive the strongest support from the school district officers in their effoi'ts to properly care for the books. The town clerk shall, in a book provided for that purpose, open an account with each school district in the tovv^n to which books are distributed, charging each school district with all books delivered to the same; describing the books by the catalogue numbers, and giving the date when such books were delivered. Registers in which a complete rec- ord of the books belonging to the township library can be neatly kept by the town clerk and the district librarian are now furnished by the state superintendent. The record of books received, kept by the dis- trict librarian of any district, should correspond with the record re- lating to that particular district kept by the town clerk. These rec- ords should be compared at least once each year, and a complete list of all books destroyed or lost should be filed with the town clerk and a minute of each book so lost or destroyed should be made in the rec- ord of the district librarian. The district librarian should also keep in the record book an accu- rate account of all moneys collected from fines and penalties for de- tentions, injuries and losses of library books, and sums so collected should be paid by him to the town clerk to become a part of the town- ship library fund, and if not paid to him in full, he should retain the amount so due from each district, from the amount of public school money to which such district is entitled as its share of the apportion- ment of the school fund income; the amount so retained to be added to the sum annually withheld for township library purposes for such district^ and expended in the purchase of books for the ensuing year. llg BeiidOL Law^ op WiscoMiiM. RULES FOR PUBLIC SCHOOL LIBRARIES. The following regulations for the management of public school 11^ braries have been prepared by the state superintendent. The labels for pasting in each volume, giving the rules for loaning, can be ob- tained, on application, from the state superintendent. The regula- tions should be entered at length upon the records of the town: 1. The town clerk shall distribute all books purchased for public school libraries among the several school districts of the town, in proportion to the amount of public school money withheld from each for that purpose. 2. Before any distribution shall be made of any books purchased for public school libraries, the town clerk shall cause to be pasted on the inside of the cover of each volume, a printed label giving the name of the town to which the book belongs, the county in which the town is located, the number of the volume, and the regulations prescribed by the state superintendent relating to the loan of the same, and the fines for detention, injury or loss of the volume. 3. The district clerk, or the librarian elected by the district, shall be the custodian of the books distributed to the district, shall loan the same to persons residing in the district, collect all fines incurred for detentions, injuries and losses of books, prescribed by the sitate superintendent, keep an accurate account of and pay over the same to the town clerk as required, and shall deliver to his successor m office all books, papers and property of every description belonging to the town and to the public school library thereof, within ten days after the election or appointment of such successor. 4. The district clerk or librarian shall keep a catalogue of the books delivered to him by the town clerk. In connection with his annual report, the district clerk shall report the number of volumes, the amount of fines collected, and the condition of the library on the 30th day of June, to the town clerk. Wherever a suitable place for the safe keeping of books can be provided by the district board, the dis- trict clerk or librarian should place the library in the school-room, during term time, under the care and management of the teacher. The librarian shall give out and receive books on such days as the school board may direct, under the following rules: I. The teacher of the public school shall, while the school is In session, receive from the library such number of volumes as may be needed for use in the instruction of pupils and classes, shall be re- sponsible for the books drawn for that purpose and may loan them to pupils. II. No individual, except the teacher of the school, shall have from the library more than one volume at a time. Books may be loaned to minors, and the record account shall be kept with the parent, guardian or person with whom such minor resides. III. No volume shall be retained longer than two weeks under pen- alty of a fine of ten cents for the first week of such detention, and five cents for every week thereafter. The librarian shall report monthly all delinquencies to the school board. IV. Fines shall be assessed for injuries to books as follows: 1. For an injury beyond ordinary wear, an amount proportionate to the injury, as estimated by the librarian. 2. For the loss of a volume, the cost of the book; and if one of a set, an amount sufficient to replace it, or to purchase a new set. 3. No person having incurred a fine shall be permitted to take books from the library until the fine is paid. LIBRARIES. 11& V. The district clerk or librarian of each school district shall keep a record of all books loaned, in a book provided for that purpose, which shall show the name of the person to whom the volume is loaned, the catalogue number of the volume, the date of the loan, the date of return, and the amount of fine, if any, imposed and assessed by the librarian, for any detention, injury or loss of any book, and the date at which said fine was paid. The record shall be kept in the following form: Name of Borrower. No. of Book. Date of Loan. Date of Return. Fine, VI. Books may be loaned to minors and charged to their parents, guardians, or other persons with whom they reside, who shall be re- sponsible for the books under these regulations. VII. On the return of every book to the libi'ary the librarian shall examine ft carefully to ascertain what injury, if any, has been sus- tained by it, and shall charge any fine that may have been incurred by such injury, or by detention or loss of any book as provided in the rules. 1^0 §ch66l laws 6b^ WISCONSIN. XL-COLLECTION OF JUDGMENTS AGAINST SCHOOL-DISTEICTS. Execution. Section 487. 'No execution sHall issue on any judgment against a school district except upon leave of the court upon motion after the failure of the remedies provided in these statutes. Method of collection. Section 488. Whenever a final judg- ment shall be obtained against any school district the judgment creditor, his assignee or attorney may file with the town, city or village clerk a certified transcript of such judgment or of the docket thereof, together with his afiidavit showing the amount due thereon and all payments, if any, and that the judginent has not been appealed from or removed to another court, or if so appealed or removed has been affirmed; and thereupon such clerk shall assess the amount thereof, mth interest from the date of its rendition to the time when the warrant for the col- lection thereof will expire upon the taxable property of such district, placing the same in a separate column on the next tax roll; and the same shall be collected and returned as town taxes are and paid to the party entitled thereto. In case of a judg- ment against a joint district, a transcript and afiidavit as afore- said shall be filed with the clerk of each town, city or village in which any part of the district is situated, and such clerk shall assess on the taxable property of the part of such disitrict situ- ated in his town, city or village the same proportion of the whole amount, with interest as aforesaid, as is assessed on such part for the other district taxes in such year. Such proportion may be ascertained by the certificate of the district clerk or the certificate of the several town, city or village clerks inter- ested to each other, showing the amount of other district taxes certified by the district clerk to each to^vn, city or village clerk. Whenever for any cause the amount which ought to be assessed JtJiDGM^NTS AGAINST SCHOOL DlSTRlOTS. 1^1 on any such, district or part of distriotj as above provided, shall not be so assessed in the next tax roll after the filing of such transcript and affidavit, such clerk shall assess the same on the next or any subsequent tax roll within two years theireafter. Effect of appeal. Section- 489. Whenever an appeal shall be taken from such judgment against a district and a transcript thereof and affidavit shall havei been filed as above provided, the director may file a certificate of such appeal with the town, city or village clerk, and thereupon he shall suspend the assess- ment of such judgment until the determination of such appeal. If such judgment be thereafter affirmed, on proof thereof by certificate of the clerk of the appellate court, the town, city or village clerk shall assess the same, with interest, in the next tax roll. The property belonging to the district is not liable to levy or sale upon an execution. Under the rendition of any judgment against a school district, a transcript of the same is to be filed with the town clerk, or, if the district be a joint district, with the clerK of each town in which such district is in part situated. The town clerk is then required to assess the amount of the judgment, with interest thereon, in a separate column, in the next assessment roll, and the tax, when collected, shall be paid to the party entitled thereto. 1^2 SCHOOL LAWS OF WISCONSIN. XIL-FREE HIGH SCHOOLS. How established. Sectioist 490. Any to^vii, village or city, school district or sub-district wliicli contains witliin its limits an incorporated village or wliich lias a graded school of not less than two departments may establish and maintain not exceeding two high schools in the manner and with the privileges herein provided; bnt no such school shall be established or maintained unless twenty-five persons of school age, . resident of the town, city, village, school district or sub-district pass a satisfactory ex- amination in the branches required to be taught in the common schools and are prepared to begin a high school course. The question of establishing such schools may be submitted by the town, district, sub-district or village board or common council to the legally qualified voters at any annual or special meeting or election upon written resolution therefor, proposed for adoption; provided, notice of such purpose embodying such resolution be given in the manner provided for notifying a special district meeting, town meeting or char- ter election. In the case of a sub-district the meeting may he called by the clerk thereof. The vote shall be taken by bal- lot and canvassed according to the statutes for conducting elee- tions in such municipality, those ballots in favor being written or printed, "for high school;" those opposed, "against high school." If the resolution be adopted, such town, district, sub- district, village or city shall constitute a high school district. But tliis section shall not apply to high schools already estab- lished. Joint hig^h school districts. Section 1. (Chapter 57, Laws of 1899, amending section 491, Statutes of 1898.) Two or more adjoining towns or school districts, or one or more towns or school districts, and an incorporated village or city; P^" ■' Mil iiiok ^ckoOLi. ' 12^ ■when the same together will make a district of con- tiguous territory; may unite in establishing and maintaining any such high school. The resolution proposing the same shall be approved and submitted and the notice of election signed by at least a majority of the supervisors of each town, the directors of each school district, the common council of such city and trustees of such village, if any, and the election shall be noti- fied and conducted in each town, school district, city or village as provided in the preceding section. Such resolution shall not be adopted unless a majority of the votes cast in each such town, school district, city or village be in favor thereof. The votes shall be canvassed at the first election, and all subsequent elec- tions in the several towns as at town meetings, in the several school districts as at annual school district meetings, in the city, if any, as at a charter election, and in the village, if any, as at village elections ; and the supervisors of the several towns, directors of said school districts, common council of such city and trustiees of such village shall, within one week after such election, meet and canvass the votes and certify the result to the town clerk of each town, the clerk of each school district the clerk of such city and to the village clerk of such village. If such resolution be adopted, the town, or towns, school district or school districts and city and village, so voting, shall constitute a joint hig'h school district. Certificate. Section 491a, (Statutes of 1898, as amended by Chap. 214, 1899, as amended by Chap. 345, Laws of 1901.) Whenever a free high school shall have been established and maintained as provided in sections 490 and 491 for at least three months, and the proper board shall have made the report required by section 496 in order to obtain the aid furnished by the state in maintaining free high schools, they shall append thereto a certificate that such school is established and main- tained in a district composed of a town; of a town and an in- corporated village within the town ; of two or more to^vns ; or of two or more towns and an incorporated village in one or in each of them. State aid. Section 491&, (Statutes of 1898, as amended by Chap. 214, Laws of 1899, as amended by Chap. 345, Laws of 1901.) Upon receiving the reports and appended certificate pro- vided for in section 490, it shall be the duty of the state super- 1^4 SCHOOL LAWS OF WlSCONSI^T. intendent to make a separate and distinct class of the scliook thus establislied and maintained in the districts designated in sec- tion 491a as amended by this act, and each such school shall be entitled to receive from the general fund of the state, annually, one-half the amount actually expended for instruction therein; and said superintendent shall fix the amount to be paid to each of said high schools and certify the same to the secretary of state at the time and in the manner he is now required to fix and cer- tify to him the amount to be paid to high school districts. On such certificate, at any time after the first day of December, the same shall be paid to the district treasurer out of the state treas- ury ; but the whole amount so paid shall not exceed twenty-five thousand dollars in any one year to this class of free high schools, and if more is demanded by such districts they shall be paid proportionally.- The secretary of state shall annually include and apportion in the state tax all such sums as shall have been so .paid, in addition to the amount authorized to be paid in aid of free high schools by section 496 and in addition to all other sums to be levied for the year. This law stinkes out the woi'cls "in towns or in towns or villages where no graded school exists" so that hereafter high school districts com- prised of an entire town or of two or more towns will share in greater proportion in the free high school apportionment than heretofore In those cases where there are "graded" schools in the town high school district. By this act an annual appropriation of not more than twenty-five thousand dollars is made to encourage the establishment and main- tenance of free high schools in towns where the high school district is comprised of one or more towns. This was the principal purpose of the first act proffering aid to free high schools. But few of these places took advantage of the assist- ance thus tendered, and the remainder of the appropriation is now devoted to the high schools established in connection with graded schools. In organization, management, and methods of application for aid, these schools will conform to the law heretofore existing in relation to free high schools. Six different organizations are authorized to establish and maintain free high schools, to-wit: a town, two or more towns, an incorporated village, an incorporated village and adjoining town, a city and a school district containing a village or a graded school of two departments. The first step in organizing any one of these schools is the posting of notices of a purpose to vote on the question of the adoption of the system as specified in form 49 of this code. The town board, village board, district board, or the common council of the city, must notify the electors of a purpose to hold an election for voting on the resolu- tion that is recited in the notice. When two or more towns purpose to imite in establishing a free high school at least two members of each board interested must sign the notices. The second step is to take a popular vote by ballot^ and if a ma- ' ' FREE HIGH SCHOOLS. ' 125 jority of the ballots cast read "For high school," the resolution must be declared carried and the action should be recorded. A director, a treasurer and a clerk should be elected, in conformity to Sec. 492. But in single districts, the district board becomes ex-offlcio the free high school board, and in cities that are under the jurisdiction of county superintendents, the board of education likewise becomes the free high school board. When two or more towns unite in forming a free high school district a special election of free high school officers must be held subsequent to the vote on the organization of the high school. Due notices of such election must be posted by the respective town boards. District officers. Section 492. The officers of each such dis- trict shall be a director, treasurer and clerk, whose terms shall he each three years, beginnin.2; with the annual town meeting, and until his successor shall have been chosen ; provided, that at the first election the clerk shall be chosen for one year, the treasurer for two years and the director for three years, and all of said officers may be chosen first at the same election at which the question of establishing a high school is submitted, to take their offices if the resolution therefor be adopted. Thereafter such officers shall be elected at the annual to^vn meeting or char- ter election. The votes cast shall be canvassed and the result declared and certified as provided in the preceding sections. But in all cities not under a county superintendent Avhich now constitute free high school districts or which shall hereafter adopt the resolution provided for in section 490 and become free high school districts, the board of education in each such city shall be the high school board and the city treasurer shall be ex officio the treasurer of the high school district unless the board of education embrace a treasurer; and in all districts maintaining a graded school of not less than two depart.ments which now constitute free high school districts or which shall hereafter adopt said resolution, the district board in each shall be the high school board and the district treasurer shall be the treasurer of the high school district. Whenever a subdistrict shall vote to establish and maintain a free high school, such sub- district shall constitute ti free high school district, shall elect a free high school board, the clerk for one year, the treasurer for two vears and the director for three years ; thereafter one offi- cer shall be elected annually in place of the one whose term ex- pires at the annual meeting of such sub-district, and such high school board shall perform all the duties and have the same au- thoritv as high school boards in towns or districts. The clerks shall certify all taxes levied for high school purposes to the town, 126 SCHOOL LAWS OP WISCONSIN. " city or village clerk, who shall apportion the same upon the tax- able property of the sub-district, and the treasurers of such mu- nicipality shall collect the taxes thus apportioned and pay over the same to a high school treasurer and return the delinquent taxes to the county treasurer as in other cases. Where a high school district consists of two or more towns or a village and one or more towns, the officers thereof shall be elected for the same terms as in other districts by joint vote of the town boards of such to-wns or the board or boards of the town or towns and village which have united in forming such district. Such town boards shall hold their first meeting to elect officers at two o'clock P. M. on the first Tuesday following the town meeting at the office of the clerk of the town having the largest population, and thereafter shall meet for such purpose at the same time at such place as may be determined upon. The first meeting of the board or boards of a town or towns with the board of any village which forms such a district shall be held at two o'clock P. M. on the first Tuesday next following the village election at the office of the village clerk; all subsequent meetings shall be held at the same time at such place as may be determined upon. A majority of all the members of such boards shall be necessary to constitute a quorum. The secretary of the meetings of such boards shall certifv the names of the officers of the district elected thereat to all the clerks of towns and the clerk of the vil- la'ge in the district. The officers so elected shall have the same authority, be charged with the same duties and be under the same liabilities as other officers of such districts. High school board — Township system. Chapter 253, laws of 1901. SECTioisr 1. (492(2) The town board of school directors in any township now organized or which may be hereafter or- ganized under the township system of school government, shall be and is hereby constituted the free high school board for the town as a free high school district. In such cases the secretary of the town board of school directors, shall be ex-officio clerk, the president of the board shall be ex officio director, and the town treasurer shall be ex-officio treasurer of the free high school board of said district. Said board is hereby authorized to per- form all and singular the duties prescribed by law for free high school officers and boards, and the function and duty of free high school boards heretofore organized and acting as such in a free high school district consisting of a town having the township system of school government, shall cease and be of no FREE HIGH SCHOOLS. 127 effect on and after the lawful surrender of records, papers, mon- eys and other property as hereinafter provided. The records and accounts of the board created by this act shall be kept sepa- rate and distinct from the records and accounts which the said board are required to keep as a town board of school directors. The free high school board in any existing, free high school dis- trict composed of a single town organized under the township system of school government, is hereby authorize.d and directed, immediately upon the passage of this act, to deliver to the care and custody of the free high school board herein provided for in such cases, all records, papers, money, and other propertv of the free high school district, and the free high school board herein provided for shall accept the care and custody of such records, papers, money, and other property and use them for and in be- half of the free high school district in conformity to law. Officers' duties; other statutes apply. Section 493. ■ Such of- ficers shall constitute the high school board, and shall conduct the affairs of the high school district on the same general plan provided for a school district, and possess, with respect to such high school district, all the powers and be charged with all the duties conferred and imposed by these statutes on the district officers and district board of a school district applicable to such high school district; the treasurer shall give a like bond, to be approved and filed in a similar manner. The high school dis- trict clerk shall make a similar report to that required by section 462, omitting the first subdivision. The board may grade such school and establish the branches of study to be taught therein, under the advice of the state superintendent. Every forfeiture and punishment for neglect or violation of duty in a school dis- trict officer shall apply to a high school district officer for like neglect or violation. The reports of free high schools in cities not under a county superintendent shall be included in the re- ports from such cities to the state superintendent. The officers, if elected, are to bear the same names and are elected for the same terms as like officers in school districts. In cities inde- pendent of the county superintendent, the board of education, — and in single districts, the district board, or under the township system the town board of school directors becomes the free high school board, without action on the part of the people at the time of voting on the adoption of the system. The duties of the several officers and of the boards are similar to those of district officers and boards. The clerk is to report directly to the county superintendent, but in cities independent of that officer, 128 SCHOOL LAWS OF WISCONSIN. the report must be made by the city superintendent or by the board of education, and incorporated in the report of other matters to the state superintendent. Section 496 provides for a financial report to be made in duplicate for each free high school directly to the state superintendent. Schools free ; teachers' qualifications. Section 494. All such high schools shall be free to all pupils resident in the district. Every principal of such school shall, in addition to his qualifica- tions as teacher of a common school, be a graduate of some uni- versity, college or normal school, hold a state certificate or pass an examination in the studies required to be taught in any such school ; provided, the state certificates authorized by law and the certificates authorized by section 496a shall qualify their holders both as principals and as teachers of common schools ; and each principal and assistant teacher in a free high school shall be eli- gible to teach only on approval of his certificate by the state su- perintendent ; and the high school board or boards of education having charge of such schools shall determine, with the advice and consent of such superintendent, the course of study and min- imum standard of qualification for admission to the same. The stale superintendent will require each assistant in such schools to furnish evidence of his qualifications to teach every branch assigned him in the school course. Every assistant in a free high school who. does not hold a state certificate or a countersigned diploma should therefore secure the superintendent's approval of his qualifications be- fore the beginning of the fall term of school. Only thus can he make a legal contract, or the school be entitled to the aid provided by law. Each assistant should send to the state superintendent a local certifi- cate that includes all the branches he is required to teach, and which continues in force during the time for which he wishes his certificate to be approved, should he desire to teach branches that are not in- cluded in the highest certificate that the local authority is authorized to issue, the state superintendent will provide for his examination in such topics. Diplomas and standings from reputable colleges and state normal schools not in the state will receive due credit, if accompanied by proper local certificates. (See countersignature of diplomas.) Residents of towns and villages without high schools may attend high schools in other districts. (Chapter 188, Laws of 1901.) Section 1. The free high school board of any free high school district organized nnder the laws of this state, shall admit to the high school under its control, whenever the facilities for seat- ing and instruction will warrant, any person of school age pre*- pared to enter such school, who may reside in any town or in- corporated village, but not within any free high school district. FREE HIGH SCHOOLS. 129 Persons so admitted sliall be entitled to the same privileges and be subject to the same rules and regulations as pupils of the school who are residents of the free high school district. Section 2. Whenever persons not residing in any free high school district as herein provided, enter any free high school, the free high school board of that district shall be entitled and is hereby authorized to charge a tuition fee for such pupils not to exceed fifty cents per week. On or before the first day of July in each year, the secretary of the free high school board shall make a sworn statement to the clerk of the city, town or village from which any person may have been admitted to said free liig'h school. Said statement shall set forth the residence, name, age and date of entrance to such school, and number of months attendance during the preceding school year of each person so admitted from such city, town or Aallage; this state- ment shall show the amount of tuition which, under the pro- visions of this act, the district is entitled to receive for each per- son reported as having been a member of the school from such city, town or village, and the aggregate sum for tuition for all persons so admitted from each city, town or village. Section 3. The village clerk shall enter upon the tax roll of the village for the ensuing year such sums as may be due for tuition on account of residents of the village who have attended such free liig'h school or schools, and the amounts so entered shall be collected when and as other taxes are collected, and shall be paid by the village treasurer when so collected, to the treasurer of the free high school board or boards of the district or districts where such persons have attended the free high school or schools. • i Section 4. The clerk of any town not having within its ter- ritory a free high school district, shall enter upon the tax roll of the to^vn for the ensuing year such sums as may be due for tuition on account of residents of the town Who have attended such free high school or schools, and the amounts so entered shall be collected when -and as other taxes are collected, and shall be paid by the town treasurer when so collected, to the treasurer of the free high school board or boards where such per- sons have attended the free high school or schools. Section 6. The tov^ni clerk of any town or city, a portion of which constitutes or forms a .part of a free high school district, shall enter upon the tax roll for that part of the town or city, not within a free high school district, such sums as may be due for tuition on account of residents of the portion of the town or 9 130 SCHOOL LAWS OF WISCONSIN. city, iliat have attended such free high school or schools, and the amounts so entered shall be collected when and as other taxes are collected, and shall be paid by the town or city treas- urer when so collected to the treasurer of the free high school board or boards of the district or districts where such persons have attended the free high school or schools. This statute is far-reaching in its application. Under it all per- sons of school age prepared for admission to a high school whether residing in districts having free high schools or in districts having no free high schools are privileged to secure the advantages of a high school education without the payment of tuition. The plan of pro- cedvire is made clear in the law itself. Taxes, apportionment of. Section 495. The high school board shall annually, on or before the second Monday in Sep- tember, meet and determine the amount necessary to be raised by tax for the support of such high school, and certify the same to the proper town, city or village clerk; if a joint high school district they shall certify to the clerk of each to^vn or to such clerk and the village clerk the projDortionate amount thereof to be raised by such toA^oi or village, such proportion to be deter- mined according to the total valuation of all the: taxable prop- erty therein as equalized by the^boards of review, statements of which shall, as soon as the assessment is complete, be sent by the respective town or village clerks to the clerk of such disitrict. Such tax shall be apportioned on the next tax roll by such clerk or other officer maldng the same, and collected and returned as other taxes, and paid to the Idgh school district treasurer. Such moneys shall be paid out only on orders drawn and counter- signed as preiscribed in case of school districts. Any town Avhich is a single high school district may, by resolution adopt- ed at the annual to^wn meeting, limit the amount to be raised for high school purposes during snch year. In case: of a ioint high school district, the town boards of the several towns oi* of the town and village or towns and villages embraced may by joint resolution adopted by all such boards before the first day of July, likewise limit the amount to be raised therein. The certificate of the amount of tax necessary to be raised is to be made in September. Towns having a high school may, by vote, limit the amount of tax; but otherwise the amount of annual tax levy for this purpose is finally determined by the board. The taxes levied by the board of a joint free high school district cannot be affected by the action of the board or of the electors of any town in the district. If the amount to be raised is legally appor- tioned to the town, the clerk thereof must include it in the tax roll, notwithstanding directions from the town board and the electors at FREE HIGH SCHOOLS— STATE AID. 131 the town meeting to the contrary. "The refusal of one town or any number of towns (at least any number less than the whole), in a joint free high school district, to levy and collect taxes on the taxable prop- erty in any such town to pay its due pi-oportion of the e:spenses of maintaining the school when such proportion has been lawfully ascertained, cannot disorganize or dissolve the joint district or relieve the clerk of any such defaulting town of the duty of inserting the proper sum in the tax roll of his town." State v. Lamont, 86 Wis., 563. Borrowing money. (Chap. 34:2, Laws of 1901.) For the l")nri30ses expressed in section 471: of the statutes of 1898 and chapter 40 of the hiws of 1901, any high school district board is lierebv authorized and empowered to borrow money wdien- ever directed by the electors of snch liigli school district assem- bled at a meeting regularly called and held for that purpose, pursuant to the provisions of section 427 of the statutes of 1898. The payment thereof shall be provided for by said board by a tax to be raised and certified as provided in this section. State aid, how obtained. Sectioiv^ 496. (Statutes of 1898, as amended by ( diap. 214, Laws of 1899, as amended by Chap 345, Laws of 1901.) Any high school district which shall have established a free high school according to the provisions of these statutes, and shall have maintained the saine for not less than three months in any school year, shall be entitled to receive from the general fund of the state annually one-half of the amount actually expended for instruction in its high school during such year over and above 'the amount required by law to be expended for common school purposes, but not to exceed in one year five hundred dollars to one district: pro^dded, this limitation shall not apply to the class of high schools designated in section 491a, as amended by this act. To obtain such aid the high school board, or in cities not under a county superintend- ent, the president and secretary of the board of education and the treasurer, shall on or before the first day of ISTovember, re- port in duplicate to the state superintendent, under their oaths the amount actually expended for instruction during the pre- vious school year, specifying the several items thereof, with the date and the object of each fully. Thereupon said superin- tendent shall fix the amount to be paid such district and certify the same to the secretary of state with one of such reports an- nexed ; provided, the state superintendent may withhold such certificate from any district for reasons based upon failure to comply with the law relating to free high schools which reason he shall transmit to the school board thereof on or before the 132 SCHOOL LAWS OP WISCONSIN. tliirteentli day of tlie next succeeding June. On sucli certifi- cate, at any time after the first day of December, the certified amount shall he paid to the district treasurer out of the state treasury. The secretary of state shall annually include and apportion in the state tax all such sums as shall have heen so paid. Whenever, by any neglect or omission, any free high school shall fail to have appontioned to it its share of state aid, the state superintendent may, after the time hereinbefore fixed for such apportionment by him, fix an amount ten per centum less than the amount which such school would have been en- titled to had it complied with the provisions of this section, and certify the same to the secretary of state vnth the report of such district annexed thereto, and the secretary of state shall thereupon draw his warrant for such amount or amounts in favor of such district. The whole amount annually paid under the provisions of this section shall not exceed seventy- five thousand dollars, and if more be demanded by such dis- tricts they shall be paid proportionally; provided, that if the whole amount authorized to be paid annually in aid of free high schools as provided by section 49 1& as amended by this act, is not demanded or expended under the provisions of that section then the unexpended balance of the amount therein an- nually authorized to be paid in aid of such schools may be added to and apportioned among the free high schools provided for in sections 490 and 491; but no more than one hundred thou- sand dollars sliall be apportioned to both classes of schools in any one year. By this amendment, the appropriation heretofore allotted to the free high schools of Wisconsin is doubled and one hundred thousand dol- lars instead of fifty thousand dollars, as heretofore, is, by this act, to be hereafter apportioned to the high schools. This section also authorizes the state superintendent to withhold the state aid from any free high school district for failure to comply with the free high school law, and the reasons for so ■withholding such a.id shall be transmitted in writing to the free high school board on or before the 13th day of the preceding June. This clause is designed to protect those schools complying with the law from loss of money in the pro rata apportionment. The state superintendent is required by law to approve the qualifi- cations of each principal and each assistant in the free high school, and to approve its course of study. If deficiencies shall be known to exist in any school in these or other essentials for the successful work of the school, the state superintendent will correspond with the board In relation thereto. If the subjects of inquiry are found to be prac- tices that are in neglect or defiance of laws relating to these schools, the state superintendent will transmit to the free high school board i^REE HIGH SCHOOLS— COURSii OP STUD¥. ^33 notification of a purpose to withhold the certificate from the secretary of state, as provided in the amendment. Every free high school may. share in the aid offered by this section if it shall have maintained a school taught by qualified teachers for three months of the year for which aid is sought; shall have estab- lished and maintained a course of study approved by the state super- intendent; shall have expended during the year for instruction in the high school, exclusive of the cost of maintaining a common school, an amount equal to twice the sum claimed as aid, and shall report as re- quired by this section. Supervision and course of study. Section 496a, (as amended by Chap. 439, Laws of 1901). The state superintendent shall prepare a course or courses of study suitable to be pursued in free high schools, publish the same and furnish the same upon application. Pie shall exercise such Der- sonal supervision and make such personal inspection of the work of all such schools as tLey seem to require and the other duties of his office may warrant; he shall examine or cause to be examined all teachers of high schools, required by law to pass special examinations to qualify them for teacliing in high schools, and grant certificates to such as pass examinations satisfactorily, wliich certificates shall be in such form and for such time as he may prescribe, and shall authorize the holder to teach in such special place or places, or in the whole state, as the qualifications of the candidate may warrant. Each free high school shall offer at least a twelve weeks' course of instruction each year in the theory and art of teaching; in the organization, management, and course of study of ungraded schools; and in the duties of citizens in the organization and administration of local school systems. Such a course of in- struction shall bo open to all students in this school and a sat- isfactory standing in the work of this course shall be a con- dition precedent to the countersignature of a diploma held by a graduate of the school as provided in section 7 of this act. Said superintendent ' shall furnish suitable blanks for annual and special reports for all such schools, which shall require re- tiu-ns as to the number, age and sex of all pupils enrolled, the number in each class or year in the course of study, the num- ber pursuing English branches only, the number completing the course of study each yeiar and such other sitatistics as may be deemed necessary. Courses of study are furnished by the state superintendent, which indicate the scope of the work required by this department. Such 134 SCHOOL LAWS OF WISCONSIN. modifications as may be thought necessary to adapt these courses to local needs require the approval of the state superintendent. When teachers of free high schools are required to teach branches which are not embraced in any of the certificates which the iocai superintendents are authorized to issue, the state superintendent will provide for their examinations in such topics, but he will require teachers to seek certification from local examiners in all branches in- cluded in the first grade certificate. This section will also be found printed in its connection with chapter 439. Manual training. Section 4966. Aiw board having eliarge of a free high school or of a high school having a course of study equivalemt to the course or courses prescribed by the state superintendent for such schools may establish and main- tain a department of manual training in connection with the school under its management. The expense of maintaining such department shall be provided for in the same manner as other expenses of maintaining high schools, and such depart- ment shall be under the management, direction and control of such board. The state superintendent shall, so far as his other duties may warrant, give such inforiliation and assistance as may seem necessary in organizing and maintaining such de- partments, and in arranging schemes and outlines of work; and with the aid of the inspector of high schools shall have tliu general supervision of all manual training departments estab- lished under this section; shall from time to time inspect the same, make such recommendations relating to their manage- ment as he may deem necessary, and make such report thereon as shall give full information concerning their number, char- acter and efficiency. The state superintendent shall establish a standard of qualiiication for all teachers in such department, and may grant special certificates to sucli apjDlicants as are fully cpialified to instruct in special lines of manual work, which cer- tificates shall be in such form and for such time as he may pre- scribe, and shall be regarded as cpialifying the holders thereof to teach in any manual training department. State aid for manual training- department. Section 496c, (as amended by Chap. 273, Laws of 1899). Any high school whose course of study, or outline of work in manual training has been approved by the state superintendent, and whose teacher has been qualified may, upon application, be placed upon an approved list of schools maintaining manual training departments. A school once entered upon such list ^EE HIGH SCHOOLS— MANUAL TRAINING. 135 may remain there and be entitled to state aid so long as tlie scope and character of its work are maimtained in such manner as to meet the apprOiV^ of such sux^erintendent. On the first day of July in each year the clerk of each school board main- taining a school on the approved list or the city superintendent of any city where such an approved school is maintained, shall report to the state superintendent in such form as may he re- quired, setting forth the facts relating to the cost, of maintain- ing the manual training department thereof, the character of the work done, the number and names of teachers employed, ' and the leng-th of time such department was maintained during the pi-eceding year. And upon the receipt of such report, if it shall appear that the department has been maintained in a saitisfactory manner for a period of not lees than six months during the year, the said superintendent shall make a certifi- cate to thait effect and file it with the secretary of state. Upon receiving such certificate the secretary of state shall draw his warrant for two hundred and fifty dollars payable to the treas- urer of the district or corporation maintaining the school; pro- vided, that the total amount expended for such purpose shall not exceed five thousand dollars in any year. This is an amendment to section 496c, of the Wisconsin statutes, and provides that twenty manual training departments in connection with high schools may be established and maintained subject to the approval of the state superintendent. The law formerly provided for but ten such schools. The appropriation remains the same, two hun- dred and fifty dollars to each manual training school lawfully estab- lished and maintained. This law recognizes manual training as a legitimate part of the work of public schools, and authorizes departments for manual train- ing to be maintained by taxation, as other departments of public schools are maintained. The authority to maintain such departments, it will be observed, is limited to such corporations and districts as maintain high schools with courses of study equivalent to the courses prescribed for the use of free high schools. SCOPE OF THE WORK. (a) The scheme of work should cover at least two years of time, and should be of a character to afford advantages to both sexes and all classes represented in the school. (b) Specfflcally, the scheme should include instruction and exer- cises in free hand and mechanical drawing. (c) Instruction and exercises in bench work in wood — sawing, plan- ing, tenons, mortises, joinery, inlaid work, etc., etc. (d) Instruction and exercises in lathe work in wood — wood turning, face-plate and center turning, polishing and simple designing. (e) Instruction and exercises in blacksmithing — elementary pro- cesses of the forge — welding, forging and tempering. 1^^ ^CtiOOL LAWS OF WI^CONglN. (f) Latlie work in metal — metal turning, use of machine and hand tools in metal work; exercises devised to develop uses of tools. The above lines of work may be expanded almost indefinitely^ as facilities are provided, and the course is extended, to include pattern- making, moulding, casting, etc.; by introducing exercises in wood carving, in the use of carving tools in ornamental line work, and the shaping of simple designs in low relief. Drawing, also, may be ex- tended to include architectural drawing and designing. (g) Instruction and exercises in sewing — forms of stitches, piecing, hemming, darning, mending, patching, making. As facilities are pro- vided, cutting, fitting and making garments in cotton, wool and other fabrics may be voluntarily added. (h) Instruction and exercises in cooking — study of foods, dietetic values and combinations; uses and processes of cooking; preparation of common foods — soups, meat, vegetables, bread, tea, coffee, cocoa, cakes, pies, puddings, etc., etc. QUALIFICATIONS OF TEACHERS. It is deemed unwise at present to determine that teachers in manual training departments shall pass examinations in literary branch^es or mechanical proficiency. Each applicant will be judged as to fitne'ss by literary and mechanical training, and upon evidence of intelligent apprehension of the methods, aims and purposes of manual training. It is to be constantly borne in mind that manual training is a form of education; a method by which the senses of sight, hearing, touch, and all muscular energy are called into activity, to cultivate precision and multiplicity of perception, the correlation and co-ordination of processes of reasoning and reflection, which result in variety and ac- curacy of judgment. The product of these processes is higher, broader mental culture, as well as mechanical skill; that the latter should be the sign and token of the former; and that only such as dis- cern this significance in manual training should be entrusted with the management of such departments. The manual training schools, and the mechanical engineering department of the university of our own state and those of other states, should furnish an adequate supply of competent teachers. ij EQUIPMENT AND WORK REQUIRED. The equipment and work should be progressive. No attempt should be made to fully equip or determine the work of the department at once. Bench work and lathe work in wood, with free hand and me- chanical drawing should be inaugurated the first year. This is all that will be required if sewing, cooking, and advanced work in metal are outlined in the scheme of work to be commenced not later than the second year. Each scheme, as presented for approval, will be con- sidered in relation to the locality for which it is designed. The question has arisen whether manual training should be In- cluded in and made a part of a definite and prescribed course of study in the high school. This is the practice of some schools, that have literary and manual training courses. But it is not deemed wise to require this. A limit should be made by local regulation, confining manual training to a maximum of four and one-half hours per week, per pupil, which will include the drawing. Programmes should be so arranged that this work can be taken without interference with recitations in literary courses. APMaLS. " 187 XIIL-APPEALS. [ • ■ ? Appeals to state superintendent. Section 497. Any person conceiving liimself aggrieived by any decision made by any school district meeting or by any town board in forming or alter- ing or in refusing to form or alter any school district, or by any other thing done by any officer or board under the provisions of this chapter, may appeal to the state superintendent. Such ap- peals shall be taken and heard in the manner prescribed by him and he shall make and file his decision within thirty days after the hearing thereof is closed. The decision appealed from shall be operative until the same shall be reversed ; and no decision on appeal to said superintendent made by him after the lapse of thirty days from the time the hearing thereof is closed shall be effectual. Section 49 Ya. (Chap. 184, Laws of 1901.) 'No review of , the decisions of the state superintendent on matters decided by him shall be had unless proceedings by certiorari or other appro- priate action be brought within thirty days after such determin- ation by him, or in cases heretofore decided by him, within thirty days after this act takes effect. The purpose of the comments in the preceding pages has been to make plain the ai^plication of the statutes to the management of the affairs of school districts. It should be borne in mind that the state superintendent can render no decision on controverted matters, with- out giving to all persons interested an opportunity to be heard. An opinion based on ex parte statements is valid only in so far as these statements represent fully and fairly the facts in the case. The law commits the formation and alteration of school districts and the management of public schools to the local boards and com- munities in which, they are situated. A multitude of facts, pertinent to a wise direction and control of school-district affairs, are known by, or are easily accessible to the local authorities, which are obtain- able, if at all, only with very great difficulty by a distant tribunal. Where the local boards and communities are guided by a single pur- pose to subserve the public good, it will seldom be found necessary to take the appeal ti'ovisions of this chapter. (Chapter 27, W. Eaili-oad maps. Section 179 5a. Tliere shall be published biennially under the supenusion of the railroad commissioner, twenty-hve thousand copies of the railroad map of Wisconsin, of which eight thousand copies shall be mounted on muslin and provided with rollers to be distributed by ithe state superintend- ent among the schdols; twelve thousand three hundred and thirty shall be likewise mounted on muslin and provided with rollers, to be apportioned and delivered to the members of the legislature; four thousand six hundred and seventy, of which three thousand shall be unmounted and one thousand six hun- dred and seventy likewise mounted on muslin and provided with rollers, to be distributed by the railroad commissioner. State public seliool; admission of deformed and crippled chil- dren. (Chap. 100, Laws of 1001.) Skction 1. In addition to the classes of children now received at the state public school for neglected or dependent children, pursuant to existing laws, there shall also be received as pupils in the said school, any such children under fourteen years of age, residents of this state, who are of sound mind but who are crippled or deformed in body, provided their bodily ailments are such as admit of proper care and treatment at the school with the facilities which are, or may hereafter be provided therefor, subject only to the lim- itations contained in the next section. Section 2. All existing provisions of law for the commit- ment, care, disposition, control and discharge of the inmates of said school, and all restrictions upon their admission, except the three years age limitation, and except as herein provided, shall apply to such crippled or deformed children. Reports of academies. Section 411. It shall be the duty of the president of the board of trustees of every organized acad- emy, seminary and literary or collegiate institution heretofore incorporated or that shall be hereafter incorporated, to cause to be made out by the principal instructor or other proper officer, and forwarded to the state superintendent on or before the tenth day of October in each even-numbered year, a report Miscellaneous lAws— cadets. I53 for the term terminating with the thirty-first day of August of the second preceding year, setting forth the amount and esti- mated value of real estate owned by the corporation ; the amount of other funds and endowment and the biennial income from all sources; the number of instructors and their resjDective salaries ; the number of students in the different classes and the rates of tuition ; the studies pursued and the books used ; the course of instruction and such matters as shall be specially requested by said superintendent, or as shall be deeaned proper by the presi- dent or principal of such academies or institutions to enable the state superintendent to lay before the legislature in his report a fair and full statement of the affairs and condition of such in- stitutions. Inspection of cadets. Section 411a. The president or other jDrincipal officer of any incorporated college or school of this state which shall be under military discipline or maintain a reg- ular military department, and have enrolled, uniformed and armed not less than one hundred cadets, may apply in wri ting- to the governor to have the corps of cadets of such college or school inspected by the adjutant-general or other officer appointed by the governor for that purpose. Such inspection shall be made during AjDril, May or J une of each year, upon fif- teen days' notice by mail to such applicant by the inspecting of- ficer, and shall be held in the manner and form prescribed for troops in the service of the United States. Officer's report. Section 411&. The inspecting officer shall report to the governor : 1. The number of officers, non-commissioned officers and pri- vates jDaraded and inspected by him in uniform. 2. What such uniform is and the condition thereof. 3. The discipline and state of instruction. 4. The number and amounts of arms, accoutrements, stores' and military property exhibited to him. 5. The true condition of thesame. 6. If a cavalry company or battery of artillery be maintained,' what number of horses were exhibited and their condition. T. Whether such cOr]>s has complied with these provisions and the orders and regulations of the governor. 8. Such other matters as may he required. The inspecting offi.cer shall receive no pay for services, but may be allowed ten cents per mile, to be paid by each of the schools so inspected. 154 SCHOOL LAWS OF WISCONSIN. Suspension from inspection. Section 411c. If such inspect- ing officer shall report that such corps numbers less than one hundred enrolled, uniformed and armed, or that its condition and military proticiencj are not such as, in his judgment, to en- title it to the Denehts of section 1-llc/, the governor may notify the president or other principal officer of such college or school that it is suspended from the benefits hereby given, and in such case no application for an inspection as herein provided shall be granted lor a period of two years. Graduates; rank of. Section 411d In all cases where a satisfactory report is made by such inspecting officer the students of such college or school, residents of this state, graduating dur- ing the year within which such report is made and receiving full diploma or certificate from such college or school, shall be en- titled to the honorary rank of second lieutenant in the unorgan- ized militia of the state; provided, that nothing herein shall be construed to give such graduates any right to wear the uniform of the Wisconsin national guard. Schools of agriculture and domestic economy. (Chap. 288, Laws of 1901.) Section 1. The county board of any county is hereby authorized to appropriate money for the organization, equipment, and maintenance of a county school of agriculture *and domestic economy. The county boards of two or more counties may unite in establishing such a school, and may appro- priate luoney for its organization, equipment, and maintenance. Section 2. A board to be known as the county school board is hereby created, which shall have charge and control of all matters pertaining to the organization, equipment, and mainte- nance of such school, except as otherwise provided by law. Said board shall consist of three members, one of whom shall be the county superintendent of schools of the county or district in which the school is located. The other members of the board shall be elected by the county board for the term of three years from the date of their election, but no member of the county board shall be eligible. Vacancies existing in the board from whatever cause, except in the case of the county superintendent, shall be filled by appointment made by the chairman of the county board, if the county board is not in session when such vacancy occurs. If the county board is in session, vacancies shall be filled by election by said board for the unexpired term. Appointments made by the chairman of the county board, as [ Miscellaneous laws— agricultural schools. 15^ liereinbefore specified, shall be for the term to elapse until the uext regular meeting of the county board. Jiach person aiDpointed or created a member of the county school board, shall wicliin ten days after the notice of such appointment, take and subscribe an oath, to support the constitution of the United tStates and the constitution of Wisconsin, and honestly, faith- fully, and impartially to discharge his duties as a luember of said board, to the best of his ability, which oath shall be filed in the ofilce of the county clerk. lie shall also, within the same time, file a bond in such sum as may be fixed by the county board, which bond shall be filed in the othce of the county clerk. With- in fifteen days after the appointment of said board, the mem- bers thereof shall meet and organize by electing one of their number as president. I'he county superintendent of schools shall be ex-oiiicio secretary of the said board. The said board shall prescribe the duties of the several otiicers, except as fixed by law. Sbction 3. Whenever two or more counties unite in estab- lishing such a school, the provisions of section 2 of this act shall apply to the organization of the county school board, and to fill- ing vacancies tlierein, provided that the county superintendent of the county in which the school is located shall be a member of the board and ex-oilicio its secretary, and two members shall also be elected from each county by the county board thereof. But no member of the county board shall be eligible. Section 4. Whenever two or more counties unite in estab- lishing and maintaining such school, the county school board pro- vided for in such cases shall determine the amount of money necessary for the equipment and maintenance of the school for the second year, and annually each year, thereafter ; they shall apportion the amount to be raised by taxation among the coun- ties in proportion to the assessed valuation of each county, as last fixed by the state board of assessment, and shall report to the county clerk of each county the apportionment so made on or before the first Monday of JSTovember in each year. The amount so apportioned to each county shall be levied in the county tax for the ensuing year for the support of the school. Sectiojst 5. The couny treasurer shall be ex-officio treas- urer of said board; all moneys appropriated and expended un- der the provisions of this act, shall be expended by the county school board, and shall be paid by the county treasurer or treas- urers on orders issued by said board, and all moneys received by said board shall be paid to the county treasurer for the fund of the county school board. j^gg SCHOOL LAWS Op WISCONSIN. Section 6. In all county schools of agriculture and domestic economy organized under tiie provisions of this act, instruction shall be given in the elements of agriculture, including instruc- tion concerning the soil, the plant life, and the animal life of the farm ; a system of farm accounts shall also be taught ; instruc- tion shall also be given in manual training and domestic econ- omy, and such other subjects as may be prescribed. Section 7. Each such school shall have connected v/itli it a tract of land suitable for purposes of experiment and demon- stration, and not less than three acres in area. Section 8. The schools organized under the provisions of this act shall be free to inhabitants of the county or counties con- tributing to their support, who shall be qualified to pursue the course of study, provided they shall have at least the qualifica- tions required for completion of the course of study for common schools. Whenever students of advanced age desire admission to the school during the winter months in sufficient number to warrant the organization of special classes for their instruction, such classes shall be organized and continued for such time as their attendance may make necessary. Section 9. The state superintendent shall give such infor- mation and assistance and establish such requirements as may seem necessary for the proper organization and maintenance of such schools.' With the advice of the dean of the college of agri- culture of the state university, he shall prescribe the courses of study to be pursued, and determine the qualifications required of teachers employed in such schools. He shall have the general supervision of all schools established under this act ; shall from time to time inspect the same, make such recommendations re- lating to their manageijient as he may deem necessary, and make such report thereon as shall give full information concerning their number, character and efficiency. Section 10. Any school established under the provisions of this act, whose courses of study and the qualifications of whose teachers have been approved by the state superintendent and the dean of the college of agriculture, may upon application, be placed upon an approved list of county schools of agriculture and domestic economy. A school once entered upon such list may remain listed and be entitled to state aid so long as the scope and character of its work are maintained in such manner as to meet the approval of the state superintendent ; provided that he shall not place upon said list more than two schools. On the first dav of July in each year, the secretary of each county school board maintaining a school on the approved list, shall report to the . MISCELLANEOUS LAWS— TRAINING SCHOOLS. 157 stale su]3erintendent, setting forth the facts rehiting to the cost of maintaining- the school, the character of the work done, the nnniber and names of teachers employed and such other matters as may l^e required by the county board or the state superintend- ent. Upon the receipt of such report, if it shall appear that the school has been maintained in a satisfactory manner for a period of not less than eight months, during the year closing on the thir- tieHi day of the precedino- June, the said sujierintendent shall make a certificate to that effect and file it with the secretary of state. Upon receiving such certificate, the secretary of state shall draw his warrant, ]:)ayable to the treasurer of tl'ie countv maintaining such school, for a sum equal to one-half the amount actually expended for instruction in such school during the year; when more than one county has contribiuid to the support of the school, the secretary of state shall draw his warrant pay- able to the treasurer of each county for such a portion of the state aid as the amount contributed by his county is part of the total amount contributed by all the counties for the support of the school for the preceding year ; provided, that the total amount so apuortioned shall not exceed five thousand dollars in any year, and if sujcIi sum shall be less than half the aggre2;ate amount expended for instruction in both schools, it shall' be divided equallv between them. The secretary of state shall annually include and a])portion in the state tax such sum as sliall have been so paid. County training schools for teachers. (Chap. 373, Laws of 1001, amending Chap. 268, Laws of 1899.) The county board of any county within which a state normal school is not located, is hereby authorized to appropriate money for the organization, equipment and maintenance of a county training school for teachers of the common schools. Section 2. A board to be known as the county training school board, is hereby created, who shall have charge and con- trol of all matters pertaining to the organization, equipment and maintenance of such school, except as otherwise provided by law. Said board shall consist of three members, one of whom shall be the county superintendent of schools of the county or district in which the school is located. The other members of the board shall be elected bv the county board, for the term of three years from the date of their election. Vacancies existing in the board, from whatever cause, except in the case of tbe county superintendent, shall be filled by appointment made by the chairjuan cf the county board, if the county board is not ii^ 158 ' SCHOOL LAWS OF WISCONSIN. session when sucli vacancy occurs. If the county board is in ses- sion, vacancies shall be filled by election by said board for the unexpired term. Appointments made by the chairman of the county board, as hereinbefore specified, shall be for the time to elapse until the next regular meeting of the county board. Eac \ person appointed or created a member of the county training school board shall v/ithin ten days after the notice of such appointment, take and subscribe an oath, to support the consti- tution of the United States and the constitution of Wisconsin, and honestly, faithfully and impartially to discharge his duties as a member of said board, to the best of his ability, which oath shall be filed in the office of the county .clerk. He shall also, within the same time, file a bond in such sum as may be fixed by the county board, which bond shall be filed in the office of the county clerk. Within fifteen days after the appointment of said board, the members thereof shall meet and organize by electing one of their number as president and one as treasurer ; the county superintendent of schools shall be ex-officio secretary of the said board. The said board shall prescribe the duties of the several officers, except as fixed by law. Section" 3. All moneys appropriated and exi^ended under the provisions of this act shall be ex]iended by the county train- ing school board, and shall be paid by the county treasurer on orders issued by said board. SECTioisr 4. The state superintendent shall give such infor- mation and assistance as may seem necessary in organizing and maintaining such training schools. Pie shall prescribe the courses of study to be pursued, and shall determine the qualifi- cations of all teachers employed in such schools. He shall have the 2:eneral supervision of all schools established under this act ; shall from time to time inspect the same, make such recommen- dations relating to their management as he may deem necessary, and make such report thereon as shall give full information con- cerning their number, character and efficiency. Section 5. Any school established under the provisions of this act, whose courses of study and the qualifications of whose teachers have been approved by the state superintendent, mav, upon application, be placed upon an approved list of countv training schools for teachers. A school once entered upon such list may remain listed and be entitled to state aid so long as the scope and character of its "work are luaintained in such manner as to meet the approval of the state superintendent; provided, that he shall not nlace upon said list more than six schools. On the first day of July in each year the secretary of each county mSCELLANEDUS LAWS— FREE LECTURES. 159 training scliool board maintaining a school on the aiDproved list, shall rejDort to the state superintendent, setting forth the facts relating to the cost of maintaining the school, the character of the work done, the nnmber and names of teachers employed and snch other matters as may be required. Upon the receipt of such report, if it shall appear that the school has been main- tained in a satisfactory manner for a period of not less than ten months during the year closing on the thirtieth day of the pre- ceding June, the said superintendent shall make a certificate to that effect and file it with the secretary of state. Upon receiv- ing such certificate, the secretary of state shall draw his warrant, payable to the treasurer of the county maintaining such school, a sum equal to one-half the amount actually expended for main- taining such school during the year, provided that the total amount so apportioned shall not exceed twenty-five hundred dol- lars to any one school in one year. Section- 6. Any person who shall complete in a satisfactory mangier the course of study prescribed for any county training school, and' who shall be of good moral character, shall receive a certificate signed by the princi])al of the school and by the members of the county training school board. Said certificate shall certify that the person named therein has satisfactorily completed the course of study prescril^ed for the county training school, and is of good moral character; it shall also contain a list of the standings secured by the person on the completion of each of the studies pursued in the school. Such certificate shall have the force and effect of a third grade certificate issued by the county superintendent of the county or district in which the school is located, for the term of three years from the date of its issue. Any school suj^erintendent 'or officer authorized to grant certificates to teachers in Wisconsin schools is hereby authorized, in his discretion, to accept standings obtained by the completion of studies in any county training school in the state, when duly certified by the principal of said school, in lieu of actual exam- ination by said sunerintendent or examiner at any time Avithin three years from the date of the certificate of com"Dletion of the course by the person desiring to have such standings accepted. This provision shall apply to certificates of third and second grades. Free public lectures. fChap. 336, Laws of 1901.) SECTioisr 1. The board of education of any city is hereby authorized and empowered to provide for the employment of competent person^ 160 SCHOOL LAWS OP WISCONSIN. to deliver evening lectures on the natural sciences and kindred subjects in the public school buildings or other suitable places of said city. Section 2. The said board of education shall have j)ower to purchase the books, stationery, charts and other things neces- sary and expedient to successfully conduct said lectures which it shall have power to direct. SECTioisr 8. 'No admission fee shall be charged, and at least one school building in each ward of said city, where practicable, shall be designated by said board of education, for the purpose of carrying out the provisions of this act, and said lectures shall be delivered in such school buildings between the first day of October and the thirty-first day of March in each year, except- ing the two weeks preceding and the week following the first day of January in each vear, which lectures shall be advertised in a newspaper published in said city at least one week in advance of the delivery thereof. Section 4. The board of education is hereby authorized, previous to the first day of September in each year, to meet and provide the necessary appropriation for the purpose of carrying out the provisions of this act. INSTRUCTION OP DEAP MUTES IN VILLAGES AND CITIES. State aid to schools. Section 578. Upon application by the mayor and common council of any city or by the president and board of trustees of any village to the state superintendent, he shall, by and with the consent of the state board of control, grant permission to such city or village to establish and main- tain within its corporate limits one or more schools for the instruction of deaf mutes, who are residents of this state. The mayor of any city and the president of any village which shall maintain one or more such schools shall report tO' such super- intendent and board annually, and oft oner if they so direct, such facts in relation to such school or schools as they may i^equire. There shall be paid out of the state treasury annually in the month of July to the treasurer of every such city or Adllage maintaining such school or schools, under the charge of one or more teiachers whose qualifications shall be approved by the state superintendent, the sum of one "hundred and fifty cjollars for each deaf mute pupil instructed in such school or MISCELLANEOUS. LAWS— DEAF SCHOOLS. 161 scliools at least nine months during the year next preceding the first day of July, and a share of such sum proportionate to the term of instruction of any pupil as shall be so instructed less than nine months during such year. Inspectors of schools for the deaf.* (As created by chap. 422, laws of 1001.) Section 579rt.. The state superintendent of public instruction may appoint a competent person who shall act under his direction as inspector of public day schools for the deaf and for the Delavan school for the deaf. When not engaged in the inspection of the schools for the deaf, he may be assig-ned for such other duties as the state su]3erintendent may determine and designate. The inspector shall receive an annual salary of tifteen hundred dollars and re-imbursements for all actual and necessary traveling expenses incurred, when duly certified by the state superintendent; provided, that no more than five hundred dollars shall be allowed for expenses. The salary and expenses shall be paid in the same nianner as the state officers are paid. It shall be the duty of the city or vil- lage treasurer receiving the money provided for in section 578 of the statutes of 1898 to render aunualty to the superintendent of public instruction an itemized statement of all expenditures of said day school. All unexpended moneys appro]3riated by the state for the maintenance of said schools, shall be returned to the state treasurer before Jul"^ first of each year. All sur- plus now on hand with village or city treasurers belonging to the day schools shall be returned to the state treasurer on or before the first day of July, 1901. It shall be the duty of the inspector to report annually to the superintendent of public in- struction as to the condition and progress of the day schools, and make such recommendations as he may deem proper for the improvement of the same. School superintendent's duty. Section 577. It shall be the dutv of each county and city superintendent of schools to send to the superintendent of the school for the deaf and dumb the address of the parent, parents, giiardians or other persons in his conntv or citv who have the custody of deaf mute children, and tO' inform such nersons resuectinff the schools for such children in this state and the conditions of admission to them. The su- perintendent of the state school shall furnish each such school superintendent wi+h sufficient printed matter to enable him tq 11 162 SCHOOL LAWS OF WISCONSIN. learn such conditions and with the names and residences of all the deaf mute children known to be in the superintendent dis- trict. Every such school superintendent shall include in his annual report a statement of the number of deaf mute childern of school age in his city or county then receiving an education and the number not being educated, and of the number of per- sonal visits made to induce the parents, guardians or other cus- todians of such children to give them a proper education. Compare section 461/2. School boards in cities of the first class. (Chapter 186, Laws of 1897.) Section 1. The public schools in every city of the first class, meaning thereby every city in the state of Wisconsin now or hereafter having a population of one hundred and fifty thousand or over, whether organized under special charter or un- der the general law, shall be under the general managemen, control and supervision of a board of school directors, consisting of one director from each ward of such city, to be appointed pur- suant to the provisions of the next following section. Section 2. All appointments of members of the board of school directors of such city shall be made by a commission con- sisting of four citiz(5ns of suitable character and education, who shall be appointed by the mayor of the city, as hereinafter pro- vided. ISTot more than two of the members of such commission shall at the time of their appointment belong to the same polit- ical party; and no person holding any office in any political organization, or any lucrative city, county or state office, other than a judicial office or that of notaiy public, shall be eligible to be a member of such commission or of such board of school directors. Sectiok 3. The mayor of every such city of the first class shall on the second Tuesday of April, in the year 1897, or in the next year follovdng the first national or state census showing it to be a city of the first class as defined in the first section of this act, appoint four commissioners in accordance with the provisions of section two (2) of this act, designating one of such commisioners to hold office for a term of four years, one for three years, one for two years, and one for one year from the date of appointment, and thereafter the mayor shall appoint an- nually one member of such commission to hold office during a term of four years. Any vacancies arising in such commission shall be filled by appointment by the mayor for the unexpired term. MISCELLANEOUS LAWS— CITIES. 163 Section 4. The commission so appointed shall be known as the "School Board Commission," and the secretary of the board of school directors shall act as secretary of the commission, and shall keep a full and complete record of all its transactions. The commission shall meet at the secretary's office for the first time on the third Tuesday in April, in the year 1897, or the year of its appointment and shall be organized by selecting one of its members as chairman who shall preside for one year, or until his successor is chosen, and said commission shall then pro- ceed to divide the number of wards of the city of such com- mission into three classes, so that each class shall include as nearly as practicable the same number of wards, and so that the first class shall include 'the wards numbered consecutively one and upwards; the second class shall include the wards bear- ing the next following numbers, and the third class shall in- clude the remaining wards bearing the higher numbers, and said commission shall then appoint one director to represent e/ich ward in such city, those appointed to represent wards in the first class to serve for thn J? years, those representing wards in the second class to serve for two years, and those represent- ing wards in the third class to serve for one year, and there- after the commission shall annually on the third Tuesday in April appoint successors to the directors whose terms expire, such successors to hold office for three years from the date of their appoititment. All vacancies in said board of school di- rectors caused by resignation, removal, death, or resulting from any other cause, shall be renorted to the secretary, and the school board commission shall upon notification by the secre- tary, immediately appoint a successor for the unexpired te-rm. The members of every school board commission and board of school directors shall, before entering upon the duties of such office, take and subscribe the oath of office prescribed in the constitution of this state, and shall file the same, duly certified by the officer administering the same, wdth the city clerk. Section 5. The board of school directors so apnointed shall meet on the first Tuesday in May in each vear, and organize by the election of the proper officers. A president shall be elected from their own number by said board to serve for one year or until his successor shall be chosen, and in his absence or during his disability the board shall elect a president pro tempore. The seat of any member shall be declared vacant, and the va- cancy shall be filled by appointment in the manner hereinbe- ]^(34 SCHOOL LAWS OF WISCONSIN. fore provided, if the hoard reports to the commission that said member has been absent for fonr successive meetings of the board without a satisfactory reason. In case of 'the absence or inability, from any cause, of any otficer a^jpointed by said board, to j)erform the dutiee of his office, said board may ap- point some suitable person to act in his place and stead during his absence or inability ; and such person shall have and possess the same power or authority! as the officer whose place he is appointed temporarily to fill. Section 6. The mend)ers of the board shall be subiect to all the restrictions, disabilities, liabilities, punishments and lim- itations prescribed by law as to members of the common coun- cil in their city, and they shall be exempt from jury duty. The school board commission may remove any member of the board for causes for wdnch members of 'the common council are re^movable. The board shall not in any one year contract any debt or incur any expense gTeater than the amount of the school funds subject to. its order, without a previous ordinance or reso-- lution of the common council. A majority of the members of the board who have duly qualified shall constitute a quorum for the transaction of business, but a smaller number may ad- journ. A majority of the whole board shall be necessary to elect any officer authorized to be elected by said board. Regu- lar meetings of the board shall be held at least once each month at stated times to be fixed and published by tlie board in its rules, and special meetings may bo called and held as shall be provided by the rules of the board, at which no other busi- ness shall be transacted than that snecified in the notification thereof, which shall be given pensonallv or mailed to each mem- ber, at least twentv-four hours before the time of such meetina;. Section Y. The board of school directors of each citv in which 'this act shall be ap]ilicable is hereby authorized and re- quired, subject to the approval of the common council, to es- tablish and organize so many public schools, in addition to those already established in such city, as may be necessary for the ac- commodation of the children of the city entitled by the con- stitution and laws of the state to instruction therein. The common council, upon recommendation and request of the said board as hereinafter provided, shall erect, uurchase. hire or lease buildings, improve or enlarge the same, and purchase fur- niture and lots for the accommodation of such public schools of said citv. The selection of sites for school buildings and the MISCELLANEOUS LAWS— CITIES. 165 adoption of plans for the erection of school buildings shall be determined, first, by the concurrent action of a committee con- sisting of the superintendent of schools, 'the president of the board of school directors, the building inspector of said city, the members -of the board of public works, the chairman of the committee on schools of the common council, and the chairman of the committee on public buildings and grounds of common council, if any or all ejf such officers or committees there be, anel if not, then by a committee consisting of such of said offi- cers as there may be and three members of the common council of such city to hs appointed by the president thereof, and the decision of such committee so fonned as aforesiaid* shall be sub- ject to the approval of the common council, and shall not be modified or amended by said common council, except as to the amount of money appropriated for the execution of the work, the purchase of sites, or the fulfillment of contracts involved in the adoption of such committee's recommendation; provided, that if such committee shall be divided in opinion, with a mi- nority of at least three members, then the common council shall finally decide and may amend such report, and adopt the same in such form as saiel common council shall deem best. The school-houses now eiectcel and the I'ots on which they are situ- ated, and the lots now or hereafter purchaseel for sciiool pur- poses, and the school- houses thereon erecteel shall be the prop- erty of the city, and no lot shall be purchased or leased, nor shall any school-house be erected without an ordinance or reso- lution duly passeel by the common council. Deeels of convey- ance anel leiases shall be maele to the city. The said boarel shall also have the power to establish and define from time to time the boundaries of all common anel high school districts, in such manner as they may deem best calculateel to promote the in- terests of the schools. The board shall also have the power, subject to the powers and regulations of the city service com- mission, to employ all janitors necessary in the school-houses <)f their city, and to fix their compensation; but the principal of each school shall be custodian of all buildings and rooms oc- cupied by the school over which he presides, and shall have the general supervision over the same, and shall elirect the janitor thereof in relation to the keeping and care of such buildings and rooms. Section 8. The board of school directors shall have the power to adopt for' use in the several public schools of any such IQQ SCHOOL LAWS OF WISCONSIN. city, suitable text-books, subject to ithe provisions of tlie next following section. Said text-books sliall be uniform in tlie various schools, and when the board shall have adopted, for use in the public schools of any such city, any text-book, or text- books, the same shall not be changed by the board for five years next thereafter; and the board shall require that the system of instruction in the several schools under its control shall be as nearly uniform as possible, and shall adopt at its discretion, and modify or repeal, by-laws, rules and regulations for its own government, and for the organization, discipline and manage- ment of the public schools under its control, and generally adopt such measures as shall promote the go'od order and public usefulness of said schools- provided, that such by-laws, rules and regulations shall not contlict with the constitution and laws of the state. Section 9. (Chapter 357, Laws of 1901, amending Chap, 186, Laws of 1S97, as amended by Chap. 58, Laws of 1899.) The board of school directors shall elect by ballot on the first Tuesday of March next following the date of their first appoint- ment, and every third year thereafter, a person of suitable learn- ing and experience in the art of instruction, and practical famil- iai^ity with the most approved methods of organizing and con- ducting a system of schools, for superintendent of schools, and said superintendent shall hold his ofilce for three j^ears, except in case of removal as hereinafter provided. The suijerintendent of schools shall, under the direction of tlie lioard, have general supervision of the public schools in the cities aforesaid and of the manner of conducting and grading them, and of the teachers. He shall appoint, subject to confirmation by the board, an as- sistant superintendent and such Other assistants and supervisors as may be authorized by the board ; provided, that the creation of any new office or the increasing of any salary of any officer, teacher or employe, by f he said board of school directors, shall after the adoj)tion of any resolution therefor by said board be submitted to the mayor of any such city who may exercise the veto power with respect thereto, in the same manner and with like effect as he now may exercise such power with respect to resolutions of the common council of any such city. Such su- perintendent shall be an advisory member of every committee of the board, except at times where any inquiry into his acts or investigation of his official conduct sliall be under considera- tion by such committee. A committee, consisting of the presi- MlSCELLANE]OUS LAWS— CITIES. 16" dent of the board, aiid four members of the board selected by the president shall examine, certificate, employ, classify, transfer, and promote teachers. The action of such committee shall be subject to amendment and confirmation by the board. The president of the board and four members of the board thereof, to be selected by the president, shall constitute a committee to select and determine courses of study for the schools', and the text-books to be used therein. The action of such committee shall be subject to amendment and confirmation by the board. The j)resident together with four members of the board selected by him, acting- as a committee, may by a majority vote dismiss teachers and janitors for misconduct, incompetency, inefficiency or inattention to duty. The action of such committee shall be subject to amendment, rejection or confirmation by the board. The assistant superintendent and other supervisors and assist- ants heretofore referred to, shall hold their several positions dur- ing the term for which the superintendent is elected, except in case of removal. The salaries of the superintendent, assistant superintendent and other assistants shall be fixed by the board. Section 10. (Chapter 357, Laws of 1901, amending Chap. 186, Laws of 1897, as amended by Chap. 58, Laws of 1899.) The board shall also appoint as a vacancy shall occur, some suit- able person to act as secretary of the board, who shall receive a salary to be fixed by such board. It shall be his duty to attend the meetings of the board, to keep a record of the proceedings, and a full and fair account of all receipts and expenditures of the board, and to do and perforin such other duties as shall be required of him by said board. The secretary of the board shall, before entering upon the duties of his office, execute a bond to the city for which he is appointed, in such form and penalty and with such conditions as the board shall prescribe, with sureties to be approved by said board, which bond shall be filed wih and kept in the office of the city clerk of said city, and the board shall require security to be given for the faithful performance of his duties by any officer or employe of said board, in such form and amount as the board shall deem best, and may at any time require of any officer or emploj^'e additional bonds and sureties, in its discretion. The secretary of the board shall also take the annual enumeration of the children of school age in the city, required by law, and shall at the same time collect such further statistics and information relating to schools and to the population entitled to school privileges in said city as may be directed and required by the board, and he igg SCHOOL LAWS OP WISCONSIN. shall receive for such, service a compensation or fee of two cents per capita upon the entire enumeration of persons between the ages 01 four and twenty, residing in such cicy, to be audited by tne board and paid out of the funds provided for the suj)port of the schools, Sectioin" 11. It shall be the duty of the secretary of the board, within thirty days after the appointment of teactiers and other salaried employes, to report to and file wrth the city comp- troller or other auditing ofhcer of the city, a duly certilied list of teachers and employes so appointed, with the salary allowed to each and a statement of 'the time or times fixed for the pay- ment thereof. He shall also as often as any action by said board changing the salaries of any of the officers of said board, or of any ot such teachers or employes, or making a new elec- tion or appointment to any position entitling tiie person ap- pointed to receive a stated salary, immediately after such ac- tion is had, in like manner file with such comptroller or other auditing officer a certified list and statement of all such changes and appointments. All claims and demands against the city or boaicl, before they are allowed by the board, shall be audited and adjusted by 'the comptroller or other auditing officer of such city and immediately after the allowance by the board of any claim or account, it shall be the duty of the secretary of the board to furnish to such comptroller or other officer a complete list of ithe same, together with the proper vouchers, stating the character of the material or service, for which the same were rendered; and before a warrant shall be issued there- for, it shall be the duty of such comptroller or other officer to sign the same. And said secretary shall also make and file with the said comptroller or other auditing officer quarterly statements of the condition of the fund for the support of schools and of the financial transactions of the board during the three months next preceding such statement. Section 12. The superinitendent of schools, or the secretary of the board, may be removed from office for misdemeanor in office, incompetency or inattention to the duties of his office, by a vote of two-thirds of the board; provided, that notice in writing' of charges against him and of the time and place of hearing 'and acting upon the same, shall be seiwed upon the ac- cused at least five days before the time of hearing and before any action shall be taken by the board thereon. And the ac- cused shall be heard by himself or counsel, and either party may produce witnesses who shall be sworn by the president of MISCELLANEOUS LAWS— CITIES. 169 the board and give testimony snbject to 'the pains and penal- ties of perjniy. Section I'd. The board of school directors is hereby anthof- ized, and it shall be their dnty, to maintain the high schools now established in said cities, and to establish and maintain such cither high schools as may from time to time be found necessaiy by tiiem, and said beard shall divide said cities into high school districts, and said schools shall be open to students residing within said districts, Sectiojst 14. The high schools shall be public schools, and as such, under the same supervision and control in respect to location, buildings, leases, furniture, teachers, tex't-books, and course of study, and all other matters as is provided hereinbe- foro in the case of common schools. Section 15. The course of study in the liigh schools shall be liberal, and shall embrace such studies as said board and the superintendent may deem proper, and the board shall have power to grant diplomas in teiirimony of scholarship and liter- ary acquirements. Section 16. (Chap. 130, Laws of 1901, amending Chap. 186, Laws of 1897, as amended by Chap. 58, Laws of 1899.) The said board shall report to the common council of each city under this act, at or before the first meeting of the ; council in September in each year, the amount of money required for the next fiscal year for the support of ail the public schools, including high schools, in said city; and it shall be the duty of said common council to levy and collect a tax, not exceeding three and onc'^half mills upon the dollar, of the total assessed valuation of all property, real and jDcrsonal, in such city, subject to taxation, in addition to the tax to be levied for general city purposes, upon all the taxable property of said city, at the same time and in the same manner as other taxes are levied and collected by law, which with the other ^ funds provided by law and placed at the disposal of such city for the same purpose, shall be equal to the amount of money so required by said board for the support of said schools. The said tax and the entire school fund of the city shall not be used or appropriated, directly or indirectly, for any other purposes than the payment of the salaries of the superintendent of schools and his legally authorized assistants, the secretary of the school board, ^the legally qualified teachers whose appointments are con:^rmed by said board, and such other employes as the board may deem necessary and the necessary and current expenses of IfjQ SCHOOL LAWS OF WISCONSIN. the schools, including the purchase of school supplies, apparatus, fuel, gas, electricity or electrical power. All money received by or raised in such city for school purposes, shall be paid over to the city treasurer, to be disbursed by him on orders of the president and secretary of said board, countersigned by the city comptroller; provided that the president, instead of signing each order, may certify upon the pay roils, furnished by the secretary to the comptroller, to the facts that the amounts therein are correct as allowed by said board. Provided that the board of school directors may provide by resolution for the payment of all persons employed by said board in the service of the city upon monthly pay rolls and the manner in which the same shall be certified, audited and approved and payment made thereon, and such pay rolls shall in all cases be certified by the president and secretary and the finance committee of said board of school directors, and countersigned by the city comptroller of such city. Section lY. (Chap. 357, Laws of 1901, amending Chap. 186, Laws of 1897, as amended by Chap. 58, Laws of 1899.) The common council shall, in addition to the funds hereinbefore provided for the support and maintenance of the public schools levy and collect a tax u]Don all the taxable property of said city, at the same time and in the same manner as other taxes are levied and collected by law, for such amount of money as may be determined and reported to the common council in September in such year, for the purpose of defraying the expense of re- pairs of school buildings, fixtures, grounds and fences, and re- placing broken or worn out furniture. Said tax, when collected, shall be set aside for the purpose herein specified, to be dis- bursed only upon the order of the board of school directors, upon bills incurred and allowed by them for the purposes herein men- tioned. Such tax shall not exceed one-fourth of a mill upon the dollar of the total assessed valuation of all pro^Jerty, real and personal, in said city, subject to taxation. Section 18. The board shall be governed in all things by the school laws of the staite, except as they are altered or mod- ified by this act. They shall report to the common council an- nually the general proceedings and acts of said board, the num- ber and condition of the public schools kept in said cities during the year, and the time they have severally been taught, the number and names of teachers; the number of children taught in said schools respectively, the result of the annual enumera- tion required by law; the extent of school accommodations in r MISCELLANEOUS LAWS— CITIES. Ifl tlie several scliools; tlie amoun't of scliool money raised or re- ceived during tlie year, distinguisliing the amount received from the state fund ±rom the amounts derived from taxes levied by the county board of sui3ervisors and by the common council respectively, and the accounts allowed by them against the school fund in detail, together with such other information as they may deem useful, or as the common council may require. A copy of said report shall be transmitted to the staite superin- tendent of public instruction, and a like copy to the librarian of the state historical society at Madison. SECTiOisr 19. No member of the school board commission or board of school directors, superintendent, assistant superintend- ent, secretary of the board, other assistant, teacher of any com- mon school or high school, or janitor or other employe of the board, shall be in anywise interested in any purchase or sale of any real or personal property by 'the city for the use or con- venience of any of the schools, and no such contract made in violation of this pro^dsion shall be valid, and any consideration paid by the city upon any such purchase or sale herein pro- hibited, may be recovered in an action at law in the name oij the city aggrieved thereby, and any person so offending against the provisions of this act shall be removed from any position held by him under this act. Section 20. The members of the school board of any city who may be in office at the time this act shall go into effect in such city, shall continue to act as such board until the date herein prescribed for the first meeting and organization of the board of school directors for such city to be appointed under this act, and their official term and authority shall then cease. Section 21. This act is not intended to affect the term of office of any person now serving in any capacity by virtue of an appointment heretofore made by the school board in any such city, but such officer shall continue to serve in the same capacity under the board of school directors hereby created for the term for which he was so appointed; subject, nevertheless, to bo removed from such office for the causes and in the man- ner mentioned in this act. Any vacancy for any cause occur- ring in any office, subject to the provisions of this act, shall be filled by appointment for the unexpired term. Section 22. This act is amendatory of the charters of the various cities to wdiich it applies or may hereafter become ap- plicable, and any provisions of said charters inconsisitent here- 172 School laws of Wisconsin. with are hereby modified, amended or repealed by this act to the extent necessary to give full force and effect to the intent hereof. All acts or parts of acts contravening the provisions of 'this act are hereby repealed. GENERAL CHARTER LAW DIVIDING CITIES INTO CLASSES AND PROVIDING FOR THEIR INCORPORATION AND GOVERNMENT. Board of education; appointment; terms; villages and cities. Section 925 — 113 (as amended by Chap. 2S7, Laws of 1899). In every city or village which shall adopt this chapter for its government, or shall have become newly organized under it by reason of the jirovisions of section 925g, Wisconsin statutes of 1898, if there shall be or shall have been at the time of such adoption, a board of education or school board elected by the people under the provisions of its charter, or the school district system is in force, and in all cases of such cities or villages which have heretofore adopted the provisions of this act, or be- come newly organized as aforesaid, and which shall have con- tinued to act under the old school district or school board sys- tem, the election and organization, powers and duties of such board shall not be affected by this chapter; and such system shall continue until changed by a vote of the electors of such school district ; provided, that whenever such school district shall embrace within its limits a portion of the township outside of the limits of such city or village, the said school district shall thereafter constitute a joint school district of such city and township until changed by a vote of the electors of such joint school district. In all other cities governed by this chapter, the board of education shall consist of one commissioner from each^j ward and three from the city at large, to be appointed by the | mayor and confirmed by the common council, or elected by the council, if determined by ordinance. The mayor, in appoint- ing, or council in electing the first board, shall divide the mem- bers into three classes as nearly equal as may be, one of the com- missioners at large being in each class, and shall appoint those of one class for one year, those of another class for two years, and those of the remaining class for three years. Each com- missioner shall hold his office for the term designated in such classification, and until his successor shall have qualified. There- after, all commissioners shall be appointed or elected, and hold MISCELLANEOU^S LAWS— GENERAL CHARTER. 173 their offices for three years, and nntil their successors shall have qualified. This is an amendment to subdivision 113, of section 925, of the Wis- consin statutes of 1898 relating to cities, and is so broadened as to in- clude villages in certain cases. Annual meeting. Section 925 — 114. The first meeting of the board each year shall be held on the first Monday in May or as soon thereafter as may be. At such meeting the board shall elect, one of its members president and another vice-presi- dent. The president shall preside and preserve order at every meeting of the board at which he shall be present, and psrform such other duties as the board shall by rule, by-law or resolu- tion from time, to time require of him. It shall be the duty of the vice-president to discharge the duties of the president in his absence. Secretary and superintendent. Section 925 — 115. In cities of the first class the board of education shall, annually at its first meeting or as soon thereafter as may be, elect a secretary who shall not be a member of the board. In other cities the city clerk shall be ex-officio secretary of the board. In cities not under the supervision of a county superintendent, the board shall, in like manner at such meeting or as soon there- after as may be, elect a superintendent of schools for the city who shall not be a member of the board. These officers shall hold their respective offices for one year and until their succes- sors shall have been elected, unless sooner removed by a reso- lution adopted by a vote of two- thirds of the members of the board. Authority of board. Section 925 — 116. The board of edu- cation shall have authority: 1. To establish and organize such high schools and so many district schools and branches of the saine, primary schools, night schools and kindergartens as they shall deem expedient. 2. To establish and change from time to time such and so many school districts as shall include all the territory of the city, and to afford to the people of the city such district school facilities as the circumstances of the city and its various parts may from time to time require; pro^dded, that in cities adopt- ing this chapter or being newly organized under it the school ]^Y4 SCHOOL LAWS OF WISCONSIN. districts already established sliall remain until otherwise or- dered by the board. 3. To purchase and preserve such school apparatus as may from time to time be required, 4. To grade the schools and prescribe the course of study to be pursued therein, and the text-books to be used; provided, that such text-books shall not be changed oftener than once in five years. 5. To employ teachers of all grades and fix their salaries. 6. To prescribe rules of order for the regulation of their own meetings and deliberations, and alter and repeal the same from time to time as they shall see proper. 7. To appoint all necessary standing and special committees. 8. To enact, amend and repeal all necessary rules, regidations and by-laws for -the government of the schools, teachers and school officers. 9. To fix the salaries and prescribe the duties of the superin- tendent of schools in cities not under the supervision of a county superintendent; to authorize him to appoint such assistant super- intendents, either for general or special service, as they may de'em necessary, and fix the salaries of such assistants; to fix the salary of the secretary of the board and his assistants ; prescribe his duties, whether he be the city clerk or one specially elected by the board, and in the latter case to authorize such secretary to appoint such assistants as they may deem necessary. 10. To contract for and purchase all necessary fuel for the schools and school offices, provide for lighting the same, ap- point janitors for the school buildings and school offices, and fix their salaries. 11. To estimate the expenses of the public schools as herein- after provided. 12. To exercise all the powers necessarily incident to the powers herein conferred. Monthly and special meetings. Section 925 — 117. It shall be the duty of said board to hold monthly meetings at such times as it shall from time to time prescribe; special meetings mav be held under such rules and regulations as the board may fix.^ School buildings; office for board. SECTioisr 925 — 118. It shall be the duty of the board of -public works except as provided in section 925 — 87, under the direction of the council to erect MISCELLANEOUS LAWS— GENERAL CHARTER. 175 and keep in repair all school buildings, and to provide suitable offices for tlie board of education, and its secretary, if there be one other than the city clerk, and the city superintendent of schools, if any. In the absence of permanent school build- ings, or proper offices for the transaction of school business, the board of public works may rent suitable rooms, temporarily, for schools or offices, or either. Estimates of expenses. Section 925 — 119, (Statutes of 1898, as amended by Chap. 186, Laws of 1899). The board of edu- cation shall prior to the iirst day of March each year make an estimate of the expenses of the public schools for the ensuing- year, including all necessary incidental expenses and the amount thereof which it will be necessary to raise by city tax- ation and certify the same to the city clerk, who shall lay the same before the common council at the first regular meeting thereof in March. It shall be the duty of the common coun- cil to consider such estimate and by resolution duly adopted prior to the first day of April, determine the amoant to be raised by city taxation for school purposes for the ensuing year, which amount so fixed shall be included in the annual budget to be raised by a tax called the city school tax, which shall be collected the same as other taxes. It shall be the duty of the city treasurer to set aside and keep Jl moneys raised in any way for school purposes, whether bj the state, the county or the city, coming into his hands, in a separate fund to be called the school fund, and to pay out the same upon the orders of the board of education, signed by its president and certified by its secretary; provided, that teachers' and janitors' salaries may be included in a single order each month in the form of a pay roll, to be signed and certified as aforesaid; provided, further, that in any city adopting this chapter, if at the time of such' adoption the board of education or school board shall have power to levy the city school tax or the district school taxes, such power shall continue unaffected by this chapter, and this section shall not apply to such city nor be in force therein until specially adopted by a vote of three-fourths of the members of the council. SECTioisr 2. (Section 925 — 142.) On or before the first day of October in each year the board of public works, if there be one, shall file with the city clerk a detailed statement of the amount of money that will be required for the ensuing fiscal year in such department, and the city comptroller or the officer 176 SCHOOL LAWS OF WISCONSIN. performing his duties shall likewise file a statement of the amount required by the police and fire departments, the general and library fund, and for the purpose of paying interest for the ensuing year on the ]3ublic debt and five per cent, of the prin- cipal thereof. The city clerk shall place such estimates before the council at its next regular meeting, and the council shall thereupon, by resofiTtion, levy such sums of money as may be suflicient for the several purposes for which taxes are authorized not exceeding the amount provided by section 925 — 142a. And in making such levy they shall take into consideration the esti- mated amount that will be received by the city during the fiscal year from licenses or from any other source. This is an amendment of section 925, paragraph 119, and 925, para- gi'aph 142, of the Wisconsin statutes for 1898, requiring the board or education to make an estimate of the expenses for the public schools in cities for the ensuing year and to certify the amount which it will be necesary to raise by city taxation to the city cl^rk before the firsr day of March instead of October. Women on school boards. Section 926 — 16. Any woman over itwenty-one years of age having an actual residence of at least one year next preceding the time of her election or ap- pointment in the ward or district from yhich she may be elected or appointed, owning at that time real estate, in her own right, si'tuate in such ward or district, may be elected to or appointed upon school boards or boards of education in cities of the second or third classes and hold and exercise all the powders and duties of such oflice. Removal from such ward or district will create a vacancy in the ofiice so filled. Any city of the second or third class existing under special charter may, by ordinance, adopt the foregoing provision in the manner fol- lowing: Such ordinance shall be introduced at some regular aiiceting of the common council and no action shall be taken thereon before the next regiilar meetina; thereof; and before final action shall be taken thereon it shall be published at least once in each week for three successive .weeks in the official paper or some other news])aper to be designated by the council, to- gether with a notice of the time at which such proposed ordi- nance will be considered. The adoption of such ordinance shall be by at least three-fourths of all the members elect of the common council. When adoiDted as herein j^rovided such ordinance shall be deemed a repeal of all parts of the special .charter inconsistent thej''e>vitli and an amendment thereof. TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 177 IV.-TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. Districts and sub-districts. Section 516. Every town which is now or may hereafter be organized in this state is hereby declared and constituted one school district for all the purposes in this chapter hereinafter prescribed, and the sev- eral school districts and parts of joint districts which are now or may hereafter be established in the several organized towns shall be styled and known as sub-districts whenever such town shall have voted to adopt the township system of school govern- ment as provided in section 552. Sub-districts, formation and alteration of. Section 517. ISTew sub-districts may be foiTned and the boundaries of any sub-district may be altered by the town board of directors at any regular meeting of said board ; but the formation and alter- ation of any joint sub-district shall be by concurrent action of the board of directors of all the towns embraced in part in such sub-districts; provided, that no sub-district shall be main- tained or formed which has residing within its limits less than fifteen children of school age, and that in any sub-district such board may maintain so many branch schools as the convenience of the school population may require. Board of directors. Section 518. The clerks of the sev- eral sub-districts in any organized town, together with the clerks of the joint sub-districts the school-houses of which are situated in such town, shall constitute the to^^^l board of school directors. Their powers. Section 519. The said board shall be a body corporate and shall possess the usual powers of a corpo- ration for public purposes^ by the name and style of "the board 12 1Y8 SCHOOL LAWS OP WISCONSIN. of school directors of the town " (the name of the town to which the board belongs), and in that name shall sue and be sued, and be capable of contracting and being contracted mth, and of holding real and personal estate and of selling the same, as authorized by law; and the clerks of the various school districts, together with the clerks of the joint school districts the school-houses of which are situated in any town adopting the township system, shall constitute the first board of directors of such town; they shall meet and organize within two weeks after the election at which such system shall be adopted, and hold their offices until the next annual meeting of the sub-dis- tricts of such town. Care of property. SECTioisr 520. Each board of directors have, in their corporate capacity, the title, care and custody of all school-houses, school-house sites, furniture, apparatus and other property of all Idnds belonging to the sub-districts therein, and may control the same in such manner as will best subserve the interests of the schools in their to^\Ti. Meetings. Section 521 (as amended by Chap. 416, Laws of 1901). The said board sliall hold two regular meetings in each year. The first shall be the annual meeting and shall occur on the second Monday in June, and be held at, or as near as may be, the place where the last annual election was held; the second shall be the semi-annual meeting and sliall occur on the third Monday in March, and be held at such place as the board may designate by rule or as was fixed at the preceding annual meeting. The hour of meeting shall be ten o'clock in the forenoon. Special meetings; members; expenses. Section 522. Special meetings may be called by the secretary, or in his absence or disability, by the president, upon the application of one-third of the members of the board, and shall be called by notifying each member personally or by leaving a written notice at his place of residence or business stating the time, place and ob- jects of the meeting at least five days before the time appointed therefor. The members shall be reimbursed their expenses actually and necessarily incurred in attending all meetings, bills for which shall be audited by the board. Officers of board; secretary's compensation. Section 523 (as amended by Chapter 160, Laws of 1901.) The members of th(? TQWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 179 board, a majority of whoin shall constitute a quorum, assembled at each annual meeting, shall elect from their number a presi- dent and a vice president; also a secretary who may or may not be of their number, but who shall be a resident of the town and hold said office for one year or until his successor is elected. Such secretary shall receive compensation of not less than two nor more than three dollars per day for not to exceed twenty- five days in each school year, and the other members of the exec- utive committee may, when the electors at the annual town meeting shall so decide, receive a compensation of two dollars per day for not to exceed fifteen days in any one school year. The officers shall present a statement of their services rendered at the annual meeting of the board. Vacancies in either of such offices may be filled at any special meeting of the board, the no- tice for which shall state the object of the meeting to be to fill the vacancy existing, or at any semi-annual meeting; and the persons elected to fill any vacancy shall hold the remainder of the unexpired term. Section 2. In towns under the township system of school government, the electors assembled at the annual town meet- ing to be held the first Tuesday of April, 1901, and at every annual meeing thereafter, shall by ballot or viva voce vote elect three competent persons, tax payers in the town, who shall act as a conimittee of audit of school district accounts. This committee shall meet with the secretary of the town board of school directors of said town, on the Saturday immediately preceding such annual town meeting at such an hour and place as shall be previously agreed upon be- tween such committee and such secretary of the town board of school directors. Said secretary shall thereupon place in the hands of said committee a copy of his report made to the town board of supervisors under section 534 of the statutes of 1898, with all books, accounts and vouchers in any way relating or pertaining to the management and conduct of the school af- fairs of the town. Upon receipt of said reports, books, accounts and vouchers, the committee shall immediately proceed to make a careful examination thereof and a wi'itten report of their findings and conclusions, said report to be presented and read to the electors assembled at the annual town meeting, immediate- ly after the presentation by the town board of supervisors of the report made to them by the secretary of the town board of school directors and before any action is taken by the electors pf the town, as provided under section 535 of the statutes qf 180 SCHOOL LAWS CP WISCONSIN. 1898. The report of tliis committee shall be signed, by the members, or a m.ajority thereof, and shall be entered npon the record books of the secretary of the town board of school direct- ors, as a part of the records of the town. School buildings, sites, etc. Section 524 (as amended by Chap. 351, Laws of 1901). The board may, ont of the funds provided by the town for that pnrpose, purchase or hire sites, houses and rooms for the use of the schools, fence and improve the same, and upon such sites build, enlarge, alter, improve and repair school houses, outhouses or other buildings for school purposes, provide suitable Avater supply and arrange for the transportation of any or all pupils who live in said town, to and from any school or schools which the said board shall have estab- lished, maintained and designated and whenever any school house or site is no longer needed for school purposes may sell and convey the same, such conveyance to be executed by the president and secretary of the board. Estimates of expenses. Section 535. Said board shall, at the regular meeting in March, annually estimate and determine the amount of money which will be necessarv for the support of schools and for the building and rcDairing of school houses in the town for the year beginning on the first day of July next following. Maintenance and g-overnment of schools. Section 5^6 (as amended by Chan. 351 , Laws of 1901). Said board shall estab- lish and maintain such and so many scliools in the several sub- districts under their charge as they may deem reonisite aud ex- pedient. There shall be at least one common school in pach sub- district, provided that this provision mav be suspended for anv sub-district bv the state superintendent, whenevpr the town board of school directors shall present to him satisfactory evidence that they have made proper nrovision for the transnortation of pupils residinp- in any sub-district, to and from the school or schools in another snb-district or sub-districts, as the case mav be. The board shall have the supervision and manasrempnt of all the schools, with full po^^^^er to adont, enforce, mod if v and repeal, from time to time, all rules and re2:ulations, not incon- sistent with law upcessary for their organization, P'radation p-n^ control, and for the instruction given therein, and to establish and enforce proper penalties for the violation of such rules ancf ipegulations. 'TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. ISl Powers of boards. Section 527. All powers conferred upon district boards by the provisions of this chapter, excepting those the exercise of which would conflict with the provisions of law relative to the 'township system, are hereby conferred upon the town boards of directors herein provided for. Executive committee. Section 528. The president, vice- president and secretary of the town board of directors shall con- stitute an executive connnitteej who shall execute all ordei-s of the board; and for this purpose all power and authority vested in such board shall be deemed vested in the executive commit- tee, and any duty devolved ujaon said board shall devolve upon such committee; but all the acts of the latter shall be subject to review by the board at any regular meeting thereof. Employment of teachers. Section 529. The executive com- mittee shall employ so many qualified teachers as they shall deem necessary to give instruction in all the schools under the charge of the board. Each contract shall be in writing; shall be signed by the teacher and by the president and secretary; shall specify the wages per week, month or year agreed upon by the parties, and when compleited shall be filed in the office of the secretary of the town board of school directors, with a copy of the teacher's certificate attached thereto. Secretary's duties. Section 530. The secretary shall record all the proceedings of the board; he shall keep an accurate and specific account of all expenses incurred by the board, including a list of all orders drawn by him, with the date, amomit, per- son in whose favor and object for which each order was issued; he shall properly file all papers deposited with him in accord- ance mth law, and shall keep and preserve all books, papers and records belonging to his office and deliver the same to his suc- cessor. Map and change of sub-district. Section 531. He shall make and keep in his office an accurate map of his town show- ing the boundaries of all sub-districts and joint sub-districts and the location of all school houses and highways therein. When a new sub-district is formed by the board of directors or one is altered he shall, within ten days thereafter, certify to the clerk of each sub-district affected by such formation or alteration a copy in writing of the record of the action of the board in the matter. 182 SCHOOL LAWS OF WISCONSIN. " Supervision of schools. Sectioi^ 532. He shall have the im- mediate charge and supervision of all schools in the town, and shall, under the direction of the board, organize and grade them and assist the several teachers thereof in classifying and arrang- ing them. He shall visit each school in his town at least twice during each term thereof; shall examine into its condition and progress; consult with and advise the teachers in regard to the methods of instruction and government, and shall report, to the board from time to time such improvements as his eixperience shall dictate are calculated to benefit the school. Orders on treasurer. Section 533. He shall draw orders on the town treasurer for money in the hands of such treasurer which have been apportioned to the town and for money col- lected or received by him from other sources for school pur- poses for the payment of teachers' wages, the purchase of school sites, the building, buying, hiring, repairing and furnishing of school houses and for all other lawful purposes, and each order shall designate the object for which and the fund upon which it was drawn and shall be countersigned by the president. The town government has no control of schools established under the town system. Even the electors of the town have no control ex- cept to refuse to vote the estimates presented by the board. The treasurer holds all school money for the benefit of the school board, and it can only be paid out on its order. The town, having no author- ity as such to provide any moneys for the support of the schools under the care of the board of directors, is not liable upon the orders Issued by that board when there are no funds in the hands of its treasurer to pay such orders: Miller v. Jacobs, 70 Wis., 122. Secretary's report. Section 534. It shall be the duty of the secretar)^, at least five days before thp annual town meeting or election each year, to make to the board of supervisors of the town a written statement showing the receipts of monev for school purposes from all sources, and the disbursements of the same, actual and estimated, during the year ending on the last day of June next following, in which statements shall be given under separate heads: 1. The amount in the treasury at the beginning of 'the year. 2. Amount received from the state fund. 3. Amount collected by town treasurer. 4. Amount received from all other sources. 5. The manner in which the sums have been expended, speci- fying the amount paid under each head of expenditure. 6. Amount remaining in treasury. TOWNSHIP SYSTEM 01? SCHOOL GOVERNMENT. i83 7. Amount of indebtedness of tli© township district and when and how payable. The secretary shall accompany the. above statement with esti- mates of the board of the amount necessaiy for the support of schools during the year beginning on the first day of July neixt following, specifying the sums needed, under the following heads : 1. Amount of teachers' wages. 2. Amount for school house sites and for building, leasing or purchasing school houses. ' 3. Amount for fuel. 4. Amount for incidental expenses, including repairs, furni- ture, maps, globes, charts, and for all needful school room ap- purtenances. 5. An amount not to exceed one hundred dollars to purchase library books. Action by electors on estimates. Section 535. Each town board of supei-visors shall present such statements and estimates to the electors of the town at the annual town meeting, and the items thereof shall be passed upon separately by a vote of the electors present, but upon motion they may be increased or diminished; and if, for any reason, money for the support of schools shall not be voted at such meeting, or a suihcient amount shall not then be voted, the supeiwisors shall present the es- timates before mentioned to the electors at the general election for a vote thereon. School registers. Section 536. The secretary shall furnish school registers in the form prescribed by the state superinten- dent,- in which every teacher in the town shall be required to en- ter the names, ages and studies of all the scholars attending school, and, daily, their attendance and absence, which register shall be deposited with the clerk of the sub-district at the end of each term of school. Report to superintendent. Section 537. It shall be the duty of the secretary, on or before the first day of AugTist in each year, to make and transmit to the county superintendent a report in writing bearing date on the first day of August in the year of its transmission, stating: 1. The whole number of sub-districts separately set off within 184 SCHOOL LAWS OF WISCONSIN. the town, and tlie number of parts of joint sub-districts in wbicli the school houses belonging thereto are located in his town. 2. The sub-districts and parts of sub-dis'tricts from which re- ports shall have been made within the time limited for that pui-- pose. ^ 3. The length of time a school shall have been taught in each of said sub -districts or parts of districts bj a qualihed teacher. 4. The number of ciiildren taught in each, and the nmnber of childreii over the age of four and under the age of twenty years residing in each, designating males and females separ- ately. 5. The whole amount of money received in the town for scliool purposes since the date of the last preceding report, set- ting forth separately the amount received from the state through the county treasurer, the amount levied by the county board and the amount raised by the town at its annual town jneeting or general election. 6. The manner in which said money has. been expended, and whether any, or what part, remains unexpended, with such other information as the state superintendent may" from time to time require!. School taxes. Section 538. The town clerk shall apportion all sums voted for the support of schools upon the taxable prop- erty of the town as found in the tax roll for the year in which said money is voted, and the sums so apportioned shall, in all respects, be collected or returned delinquent like other taxes, and when collected the money shall be held by the treasurer and be by him paid out on the order of the president and secretary of said board. Proceeding's if electors do not vote enough. Section 539. If the electors of a town shall fail to vote an amount of money suffi- cient to maintain a school in each sub-district for seven months during the year ensuing, the secretary shall, on or before the third Monday of JSTovember of the year in which the electors shall so fail, certify to the town clerk the amount estimated by the board of directors to be necessary for teachers' wages, fuel, repair of school houses and incidental expenses, and the town clerk shall apportion the aggregate sum thus certified upon all the taxable property of the town in the tax roll for that year and the town treasurer shall collect the same as other taxes. ItrWNSHiP SYSTEM OF SCHOOL COVERNMENT. 185 Town treasurer's duty. Section 540. The town treasurer of eacli town sliall apply for and receive from the treasurer of his county all money apportioned for common schools in his town, and sliall keep it, together with all money collected or received by him for scliool puq3oses in a fund separate and distinct from all other money belonging to the town, and shall pay out the same only upon the order of the president and secretary of the town board of directors. The town treasurer shall place to the credit of the scliool fund all money levied in the town for school purposes before placing any sum to the credit of any other fund or paying any town order. Sub-district meeting. Section 541 (as amended by chap. 416, laws of lUOl.) The annual meeting of each sub-district shall be held on the first Monday in June unless that be a legal holi- day, in which case it shall be held on the next day at seven o'clock in the afternoon. Such meeting shall be held in the school house in the sub-district if there be one; and if there be none, at such place as the last annual meeting was held, unless such meeting shall have agreed upon another place, in which case it shall be held at such place. Powers of meeting. Section 542. The inhabitants qualified by law to vote at a sub-district meeting, when assembled in an- nual meeting, shall have power and it shall be their duty: 1. To appoint a chairman for the time being, 2. To ap|2oint a secretary if the clerk shall be absent. 3. To choose a clerk. 4. To recommend to the town board of directors the number of months they desire to have school maintained in their sub- district the ensuing year, and whether they desire a male or fe- male teacher; the improvements and repairs which ought to be made on the scliool house, outhouse and grounds; what maps and charts or other aids in teaching should be furnished, and generally any thing, matter or plan which in their judgment "^dll advance the cause of education and benefit the school of their sub-district. - Clerk's duties. Section 543. The clerk shall record the pro- ceedings of all sub-district meetings; shall certify to the town board of directors any recommendations adopted by tiie electors of his sub-district in accordance with the provisions of the pre- ceding section, and shall have charge of the school house and of i§(^ SCilOOL LAWS OS^ WlSCONStN\ all property therein or belonging or attached thereto, subject to the order or direction of the board of school directors. Clerk, member of board, his report. Section 544. The clerk of the snb-distriot shall be a member of the town board of school directors, shall attend all meetings of the board, and shall carry out all lawful orders of the same having reference to the school house of his district or the school maintained therein. It shall be the duty of the' sub-district clerk, between the tenth and fif- teenth days of July in each year, to make and transmit to the secretary of the town board of school directors a written report, dated on the tenth day of July of such year, signed by him and verified by his affidavit, showing: 1. The number of children, male and female designated sep- arately, over the age of four and under the age of twenty years, residing in the district, and the names of their parents or other persoj^s with whom such children resided respectively on the last day of June preceding. 2. The whole number of children, males and females, desig- nated separately, between the ages of four and twenty years, taught in the district school during the year for which such re- port is made by teachers duly qualified. 3. The number attending school during the year under the age of four and the number over the age of twenty years. 4. The whole time, in days, any common school has been itaught in the district, including holidays, and the whole number of days, including holidays, such school has been taught by teachers qualified according to law. 5. The names of all teachers employed during the year, the number of days taught by each, including holidays, and , the monthly wages paid to each, and the time allowed any teacher for attendance on any institute for which no wages were de- ducted. 6. The kinds of books used in the school. 7. Such other facts and statistics in relation to the schools, public or private, in such district as the state superintendent may from time to time 'require. The clerk of each joint sub- district shall report to the secretary of the town board of school directors, or to the town clerk of each town, as the case may re- quire, a part of which is embraced in such sub-district, the num- ber of children residing in such part, in the manner set forth in this section, and the remainder of the items specified in this I TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. ist Section shall be embraced in the report made to tlie town in which the school house is situated. ■ ] Notice of meeting-. Section 545. The sub-district clerk shall give at least six daj^s' notice of every annual meeting of the electors of his sub-district by posting notices therefor in four or more public places in the sub-district, one of which notices shall be affixed to the outer door of the school house, if there be one in the sub-district, and he shall act as secretary of all meet- ing's when present. Clerk, appointment of. Section 546. When a new sub-dis- trict is foiined or a vacancy occurs in the office of the snb-dis- trict clerk the executive committee of the board of directors shall appoint a clerk, who shall hold his office until the annual meeting of the sub-distriot next sncceeding such appointment. Joint sub-districts. Section 547. When a sub-district is composed of parts of two or more towns the board of directors of the town in which the school house is situated shall have the entire control of said sub-district, and shall maintain a school therein as in other sub-districts; and the clerk of such joint sub- district shall be a member of the board of directors of said town, without regard to the town in which he may reside. At the annual meeting in July the board of directors shall calcu- late and determine the cost of maintaining the schools in said joint sub-district for the year ending on the last day of June preceding the meeting of the board, and the secretary shall cer- tify such amount to the secretary of the board of each town em- braced in part in such joint sub-district, together with the as- sessed valuation of said sub-distict and each part thereof as found in the assessment roll of the said to^vn for that year ; on the receipt of such certificate the secretary of the board of di- rectors of each of said towns shall draw an order on the treas- urer of his town in favor of the town in which the school house of said joint sub-district is situated for such a proportion of the whole cost of maintaining said school as aforesaid as the as- sessed value of the property of his town embraced in said joint sub-district is to the whole valuation thereof, unless the propor- tion of such school district taxes to be assessed in each such town shall have been ascertained as provided in section 471, in which case he shall draw his order for such proportion, and said Igg SCHOOL LAWS Op WISCONSIN. order sliall be paid out of any money in the hands of said treas- urer collected or received by him for the support of schools in his town. Joint sub-districts not under township system. Sectioist 548. In case eitlier of the towns embraced in part in said joint sub- district shall not have adopted the townshij) system of school government, the certificate before mentioned shall be made to the clerk of said sub-district, and it shall be his duty to incor- porate the proportional sum mentioned in the preceding section in the returns of district taxes made by him to the town clerk of the town not having adopted such system on the third Monday of ]S[ovember- succeeding ithe receipt of said certificate; and the said sum shall be assessed and collected with the other taxes of that part of the joint sub-district, and shall be paid over by the town treasurer collecting the same to 'the treasurer of the town in which the school liouse of said joint sub-district is situated. Collection of taxes in such case. Sectioist 549. When the school house of a joint sub-district is situated in a town which has not adop'ted the township system of school government, the taxes for the support of schools shall be raised, assessed and col- lected as pro\dded in this chapter; but if any portion of said joint sub-district shall be embraced in a township which has adopted tlie township system, then the proportion of any dis- trict tax which should be assessed upon the property of such part of said sub-district shall be ceTtified by the town clerk of the towm in which the school house of said sub-district is situ- ated to the secretary of the tow^n board of directors of the town comprising the part of the said joint sub-district before men- tioned; and said secretary shall draw an order upon the town treasurer of his town in favor of the treasurer of the joint sub- district for the amount of tax thus certified, and the said town treasurer shall pay the same out of any money held or received by him for school pui-poses. Apportionment of tax for buildings, etc. Section 550. Prior to the erection of any school house by the board of directors they shall estimate and detemiine the valuation of the school houses and sites in their town provided by the several districts while under the district system, and when so determined the secretary shall place upon record a tabular statement containing the number of each sub-district, the value of its school house TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 189 and site and tlie valuation of its taxable property as appears from the last assessment roll of the town; and thereafter for a period of ten years from the date of the meeting at which such determination of valnes was had, when a tax shall be voted to bnild a school house or purchase a site, such tax shall be so dis- tributed and assessed upon the several sub-districts that those having the least amount invested in school houses and sites in proportion to the assessed valuation of their property as ap- pears from the record made at the time of the determination of values aforesaid shall pay most toward said tax in proportion to the valution of the property at the time the tax is assessed, in order that the sums paid by the different sub-districts in the town for the purchase of sites and the erection of school house? shall be equalized; but if the board of directors of any town shall decide that taxes for the purchase of sites and the erection of school houses shall be assessed equally upon property, then the aforesaid provision in reference to equalizing such taxes shall not be operative in such town. Application to cities and villages. Section 551. Whenever the territory of a school district of an incorporated village shall extend beyond the limits of such village the whole of such ter- ritoi-y shall remain in such district and form a part thereof un- til detached by authority of law; and such district and every village containing a graded school of three or more departments shall be exempt from the provisions of this chapter relating to the township system except as hereinafter provided. When- ever a school district includes within its limits an incoi'porated village or city or maintains a graded school of three or more de- partments, the adoption of the township system of school govern- ment by anv town, city or village whose territory includes such school district shall not affect the boundaries, organization or management of such school district, but it shall be exempt from the operation of such township system and be and remain an independent school district and be conducted and managed in accordance with th^ law relating to indeT)endent school districts unless said spIiooI district shall, by a majoritv vote of the elect- ors of said district at an annual or special school meeting held previous to the adoption of the township system by said town decide to accept the to'^'^mshin system of school government when adopted bv the town of which said district is a part. And pro- yid^sd further, tjiat the voters of any such district thr^s exemptec[ 190 SCHOOL LAWS OF WISCONSIN. from the operation of the township system shall have no voice in the adoption of the township system by the town. Adoption of system. Section 552. The voters of any town may, at any annual town meeting or general election, vote upon the question of township school government. Such voting shall be by ballot, and the ballots used shall have written or printed thereon the words "township school government, yes ;" or the words "toAvnship school government, no." A separate box shall be provided for the reception of said ballots, and the votes cast shall be counted, canvassed and a record thereof made as in case of other votes cast at such election; and if it shall ap- pear that a majority of the ballots cast have thereon the words "township school government, yes," then the provisions of this chapter providing for the township system shall immediately become operative in such towm, othenvise they shall have no force or effect therein. ISTo vote shall be taken on such question unless notice thereof shall be given as hereinafter provided. The clerk of any town upon the request in writing of any ten electors thereof asking him so to do, shall post in three public places in said town a notice in wanting that the question of adopting the township system of school government will be sub- mitted to the electors thereof at the ensuing annual town meet- ing or general election. Such notice shall be posted at least ten days before the holding of any such meeting or election; and any town having adopted such system may abolish the same at any such meeting or election in the manner provided for its adoption; but when the system shall be adopted it shall continue in force two years before the question of abolishing it shall be acted upon. Whenever the electors of any incorpor- ated village having a graded school with three or more depart- ments shall desire to adopt the township system of schools they may vote upon the question at any charter or general election; such election shall be by ballot of the foTOi above prescribed and upon like notice, and if a majority of the votes cast upon that subject shall b'^ in favor of the adoption of said system such village shall become a part of the township system of the town in which the same is situated. Whenever anv town having adopted the township system shall vote to abolish the same the to"wn board of supervisors shall, on or before the first day of June next succeeding the date at which the vote was taken, meet and by an order niadc in pursiiance of section 413 TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 191 divide the town into suitable independent school districts, making the order to take effect on the first day of July next following. The sub-district clerks and the secretary of the town board of directors for the year preceding shall make the annual reports for the year ending on that day as required by law notwithstanding their offices shall have been abolished. Irregularities in proceedings, effect on taxes. , SECTioisr 552a, Whenever any town has attempted or shall attempt to adopt the township system pursuant to section 552, the validity of any and all taxes for school purposes heretofore or hereafter levied and assessed therein- shall not be questioned in any action oi' proceeding, so far as the regularity of the proceeding of any such town in the adoption of such system is concerned unless the plaintiff shall show that he would be required to pay more than his equitable proportion of taxes ; and any and all school taxes heretofore levied in any such town which have been voted at the annual town meeting are hereby declared to be valid, even though the provisions of section 535 shall not have been complied with. ; , ; Payment of loans. Section 553. Whenever any school dis- trict in any town adopting the township system shall be indebt- ed at the time of such adoption upon a loan from the state or otherwise, such district shall remain liable for the payment of such indebtedness, and no alteration of the boundaries of such district as a sub-district in such tow^n shall ever be made until such debt is fully paid, except as provided in section 263. The clerk of such sub-district, shall annually certify to the town clerk the sum necessary to be raised as taxes in such sub-district for the payment of such indebtedness, with interest thereon, in the same manner and with like effect as the clerk of such dis- trict was required by law to certify the same, and the town clerk shall extend the amount of such taxes upon the tax roll upon the taxable property of such sub-district in like manner as if the same had been certified by the clerk of such district, and the same shall be collected by the town treasurer and be ap- plied by him exclusively to the payment of such debt, 192 SCHOOL LAWS OF WISCONSIN. XVL-OF THE DISTRIBUTION OF THE SCHOOL FUND INCOME. (Chapter 28, Wisconsin Statutes.) Apportionment of; loss of right. Section 554 (as amended by Chap. 115, Laws of 1899). Tlie school fund income which shall have been received up to and including the first day of December, including the amount to accrue from one-mill state tax provided for by section 1072a to be col- lected by the several counties of the state before the first Mon- day in February next succeeding the elate of such apportion- ment, shall be api^ortioned by the state superintendent between the tenth and fifteenth days of December in each year. Such apportionment shall be made among the several counties, towns, .villages and cities according to the number of chikben in each over the age of four and under the age of twenty years as shown by the reports made to the state superintendent for the year preceding, ending June 30. Whenever any town, village or city shall fail in any. year to raise by tax, for the support of com- mon schools therein, a sum equal to the amount of its share of such school fund aud other income as determined by the county board in pursuance of section 1074, the amount of the appor- tionment to such town, village or city for that year shall be withheld from the next succiseding apportionment, unless the ' town or village board or common council shall have transferred as they are hereby authorized to do, from the general fund to the school fund of the town or village or to the board of educa- tion of the city for such purpose, the amount of deficit in such school tax, and the town, village or city clerk shall have filed with the state superintendent his certificate showing such transfer, and, in the case of the town clerk, his apportionment thereof to the proper school districts before the tenth day of DISTRIBUTION OF THE SCHOOL FUND INCOME. I93 December. 'No apportionment shall be made to any city, vil- lage or town for any school district therein for any year during which such district shall not have maintained a common school taug'ht by a qualified teacher for seven months, unless the state superintendent shall be satisfied that such school was so taught for three months, and the failure to maintain it for the full seven months was occasioned by some extraordinary cause and not arising from neglect or intent, nor to any town, village or city, nor for any school district, reports of which as required by law shall not have been mad© and transmitted during the preceding year to the state superintendent; nor tQ any city for any year the report for which shall not show that the number of cliildren between the ages aforesaid residing therein has been ascertained by an actual census taken under the direction of the board of education or other body having the government of common schools therein- by their clerks or persons of their ap- pointment for that purpose; provided, that provision by a school district for the instruction p.nd transportation of its pupils in accordance with subdivision 15 of section 430 shall entitle the district to share in the apportionment as though such district had maintained a school. Certificate and notice. Section 555. The state superintend- ent shall certify the apportionment made as aforesaid to the sec- retaiy of state and shall immediately give notice thereof to each county clerk and county treasurer stating the amount appor- tioned to his county and to each town, village and city therein. Upon receiving such apportionment the secretary of state shall draw his warrant upon the state treasurer, payable to the proper county treasurer, for the total amount apportioned each county, and the amount of such warrant shall be paid to the county treasurer entitled to receive the same at the time when he shall pay over to the state treasurer the amount due the state on ac- count of state taxes as required by law. Correction of apportionment. SECTioisr 556. Whenever any officer shall omit to make within the time fixed any statement or report required to be made to the state superintendent he shall notify such ofiicer by mail or otherwise of such omission, but the failure of the state superintendent so to do shall in no manner affect the consequences of such omission. If at any time within two years after an apportionment in which any town, village, city or school district was excluded upon any 194 SCHOOL LAWS OP WISCONSIN. ground mentioned in section 554 satisfactory evidence shall be filed witli the state superintendent that sncli exclusion was due to some mistake or omission of some officer, and that such town, village, city or school district was legally entitled to have shared in such apportionment, the state superintendent shall certify such facts and the amount justly apportionable thereto to the secretary of state and notify the county clerk and treasurer of the proper county thereof. The secretary of state shall draw his warrant therefor, and the money shall be paid from the school fund income for the use of such town, village, city or school district as if originally apportioned. County treasurer's duty. Section 557. Each county treas- urer shall apply for and receive the school money due to his county as soon as apportioned and payable, and shall imme- diately give notice in writing of the^ amount apportioned to each town, village and city in his county to the treasurer and clerk thereof respectively, and shall pay the same to each such treas- urer on demand, who shall pay the same to the proper school treasurer as provided by law. If any such tpwn, village or city treasurer shall not demand such money before the next receipt of school money apportioned to such county, the county treas- urer shall add' such sum remaining in his hands to the money so next received and distribute the same therewith and in the same proportion among the several towns, villages and cities en- titled thereto in such county. Apportionment among districts. Section 558 (as amended by Chap. 450, Laws of 1901). The town clerk shall apportion all school money received from the state and also all raised by the town, among the several districts and parts of districts with- in the town, in proportion to the number of persons between the ages of four and twenty years residing in each, taking such number from the last annual report of their respective district clerks. 'No money shall be apportioned to any district or part of a district, except as herein provided, and as provided in sec- tion 554 of this chapter, by the discretion of the state super- intendent, unless the last annual report of such district, veri- fied by the affidavit of the district clerk, shall show that all school money received from the state by such district has been used in paying a legally qualified teacher, and that a common school has been taught in such district by such teacher for at least seven months during the year ending with the date of such DISTRIBUTION OF THE SCHOOL FUND INCOME. 195 report. Provided that at any time which such report shall show was spent by the teacher or teachers of said district in at- tendance upon an institute in the county, and was allowed by 'l;he district board without deduction from such teacher's wages therefor, shall be included as a part of such seven months. Moneys not paid. Section 559. All money apportioned by the town clerk to ayy district or part of a district which shall have remained in the hands of the town treasurer for one year after such apportionment, by reason of such district or part of district neglecting or refusing to receive the same, shall be added to the money next thereafter to be apportioned by such town clerk to the several districts and parts of districts in such town and apportioned therewith. Month. Section 560. In reckoning school months twenty days, as specified in section 459, shall constitute a month, and one hundred and twenty days six, [and one hundred and forty days, seven months. See section 554.] At least seven months, one hundred and forty days, of school taught by a legally quali- fied teacher, must be maintained to in each district or sub-dis- trict in order that the district or town (in cases where the schools are organized under the township system of school gov- ernment) and may be entitled to share in the apportionment of the state and town school money. School fund tax; apportionment. Section 10l2a, (as amended by Sec. 20, Chap. 351, Laws of 1899.) There shall be levied and collected annually a state tax of one mill for each dol- lar of the assessed valuation of the taxable property in the state, wdiich amount, when so levied and collected, is appro- priated to the common school fund income and shall be disbursed in the manner and under the conditions and restric- tions provided for the disbursement of the common school fund income. The state superintendent shall apportion the school moneys each county ^vill be eaititled to receive under the pro- visions of this section between the 10th and 15th days of Decem- ber in each year, and certify the apportionment so made to the secretary of state and state treasurer, and he shall, at the same time, certify to each county clerk and county treasurer the amount of said tax to which each town, city and village in their respective counties is entitled. Upon receiving such appor- tionment the secretary of state shall immediately inform ibfi 196 SCHOOL LAWS OF WISCONSIN. county clerk and tlie county treasurer of the amount of state school tax such county will be required to levy and the amount it will be entitled to receive in return as its portion of the school fund accruing under the provisions of this section. At the same time that taxes levied for other state j)urpos6s ^^^ now required to be paid into the state treasury each county treasurer shall pay over to the state treasurer the school moneys arising- under the provisions of this section in excess of the amount such county is entitled to receive in retium as its por- tion of the state school tax. But if a larger amount shall be due any county than such county is required to pay the state treasurer shall pay to the treasurer of such county, at the time of the payment of the state tax assessed against the county, the amount due the county in excess of the state school tax levied upon it. The treasurers shall, at the time of making a settlement between the state and any county on account of any state school tax levied upon the county, exchange receipts show- ing that the full amount assessed against the county as a state school tax has been accounted for to the state, and, in turn, that the amount due the county on account of a state school tax has been accounted for to the county by the state treasurer; and within ten days from such settlement the several county treasurers shall pay over to the several town, city and village treasurers the amount to which they are respectively entitled by the apportionment m.ade by the state superintendent. It is hereby declared to be the tme intent and lueaning of this sec- tion to provide for an earlier distribution to the counties of the moneys collected as a -state school tax and that only the balance that may be due any county or the state, as the case may be, shall be j)aid in money at the time of settling accounts between the county and the state, in so far as they relate to the state school tax. 6P TtiE UNIVERSITY. I9t XVII -OP THE UNIVERSITY. (Chapter 25, Wisconsin Statutes.) Location and style of. Section 377. There is established in this state at the city of Madison an institution of learning by the name and style of "the university of Wisconsin." Board of regents. Section 378 (as amended by Chap- ter 255, Laws of 1901). The government of the university shall vest in a board of regents, to consist of one member from each congressional district and two from the state at large, at least one of whom shall be a woman, to be appointed by the governor; the state superintendent and the president of the uni- versity shall be ex-officio members of said board; said president shall be a member of all the standing committees of the board, but shall have the right to vote only in case of a tie. The term of office of the appointed regents shall be three years from the first Monday in February in the year in which they are ap- pointed unless sooner removed by the governor; but appoint- ments to hll vacancies before the expiration of the term shall be for the residue of the term only. Powers of board; officers. Section 379. The board of re- gents and their successors in office shall constitute a body cor- porate by the name of "the regents of the university of Wiscon- sin," and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties prescribed by law, and shall have the custody of the books, records, build- ings and other property of said university. The board shall elect a president and a secretary, who shall perform such duties as may be prescribed by the by-laws of the board. The secre- 1§8 SCHOOL LAWS OF WISCONSIN. 1 tary shall keep a faithful record of all the transactions of th^ board and of the executive committee thereof. The state treas- urer shall be the treasurer of the board and perforin all the duties of such office subject to such regulations as the board may adopt not inconsistent with his official duties; and he and his sureties shall be liable on his official bond as state treasurer for the faithful discharge of such duties. Meetings, quorum. Section 380. The time for the election of the president and secretaiy of said board and the duration of their respective terms of office, and the times for holding the regular annual meeting and such other meetings as may be required and the manner of notifying the same, shall be de- termined by the by-laws of the board. A majority of the board shall constitute a quorum for the transaction of business, but a less number may adjourn from time to tiiue. Duties of regents; additional powers. Section 381. The board of regeiits shall enact laws for the government of the university in all its branches; elect a president and the requi- site number of professors, instnictors, officers and employees, and fix the salaries and the term of office of each, and deter- mine the moral and educational qualifications of applicants for admission to tlie various courses of instruction; but no instruc- tion, either sectarian in religion or partisan in politics, shall ever be allowed in any department of the university ; and no sectarian or partisaji tests shall ever be allowed or exercised in the appointment of regents or in the election of professors, teachers or other- officers of the university, or in the admission of students thereto or for any purpose whatever. The board of regents shall have power to remove the president or any professor, instructor or officer of the university when, in their judgTnent, the interests of the university require it. The board may prescribe rules and regulations for the management of the libraries, cabinet, museum, laboratories and all other property of the university and of its several departments, and for the care and preservation thereof, with penalties and forfeitures by way of damages for their violation, which may be sued for and col- lected in the name of the board before any court having juris- diction of such action. They shall employ a competent pre- ceptress for the building known as ladies' hall (which shall be used for and by the female students attending the university and not otherwise), who shall have charge and general super- Op the university— reports. 199 vision thereof under such regulations as the board mtiy have made or shall adopt, at a salary of not more than fifteen hun- dred dollars per year, provided that said preceptress shall per- form such other duties and teach such classes as the board may from time to time require. TTse of income — Addition of other colleges. Section 382. The board of regents are authorized to expend such portion of the income of the university fund as they may deem expe- dient for the erection of suitable buildings and the purchase of apparatus, a library, cabinets, and additions thereto; and if they deem it expedient may receive in connection with the univer- sity any college in tliis state upon application of its board of trustees; and such college so received shall become a branch of the university and be subject to the visitation of the regents. Reports, and printing thereof. Sectiok 383. At the close of each biennial fiscal term the regents through their president shall make a report in detail to the governor and the legislature exhibiting the progress, condition and wants of each of the col- leges embraced in the university, the course of study in each, the number of instructors and students, the amount of receipts and disbursements, together with the nature, cost and results of all important investigations and experiments and such other information as they may deem important, one copy of which shall be transmitted free by the secretary of state to all colleges endowed under the provisions of the act of congress entitled ''An act donating land to the several states and territories which provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862, and also one copy to the secretary of the interior as provided in said act. The board shall also report to the governor as often as may seem desirable the im- portant results of investigations conducted by the director of AVashburn observatoiy and by other investigators connected with the university, and also the results of such experiments therein relating to agriculture or the mechanic arts as said board may deem to be of special value to the agricultural and me- chanical interests of the state. With the approval of the gov- ernor such number of copies as he shall direct, and of the Wash- bum observatory reports not more than seven hundred copies, may be printed by the state printer in separate form on good paper and with such appropriate quality of binding as the com- 200 SCHOOL LAWS OF WISCONSIN. missioners of public printing shall order. Eight hundred cop- ies of each of said reports, when so directed by the governor, except those of the Washburn observatory, shall be delivered to the legislature and the remainder be used in exchange for the publications of other institutions and for such other public pur- poses as the regents may order. Accounts, how made, etc. Section 383a. ITo claim or ac- count against the board of regents of the university shall be paid unless it state the nature and particulars of the services rendered or materials furnished and be verified by the affidavit of the claimant or his agent and approved by an indorsement in writing thereon by the officer, member or committee of said board authorized thereby to certify claims and accounts for pay- ment. The president. Section 384. The president of the univer- sity shall be president of the several faculties and the executive head of the instructional force in all its departments; as such he shall have authority, subject to the board of regents, to gwe general direction to the instruction and scientific investigations of the several colleges, and so long as the interests of the insti- tution require it he shall be charged with the duties of one of the professorships. The immediate government of the sev- eral colleges shall be intrusted to their respective faculties; but the regents shall have the power to regulate the courses of in- struction and prescribe the books or works to be used in the several courses, and also to confer such degrees and grant such diplomas as are usual in universities or as they shall deem ap- propriate, and to confer upon the faculty by by-laws the power to suspend or expel students for misconduct or other cause pre- scribed in such by-laws. Object and departments. Section 385. The, object of the university of Wisconsin shall be to provide the means of ac- quiring a thorough knowledge of the various branches of learn- ing connected with literary, scientific, industrial and profes- sional pursuits, and to this end it shall consist of the following colleges or departments, to-wit: 1. The college of letters and science. 2. The college of mechanics and engineering, 3. The college of agriculture. 4. The college of law. " i j OF THE UNIVERSITY— TUITION. 201 5. Sucli other colleges, schools or departments as now are or may from time to time be added thereto or connected there- with. Departments, what embraced in. SECTioisr 386. The college of letters and science shall embrace liberal courses of instruction in language, literature, philosophy and science, and may em- brace such other branches as the regents of the university shall prescribe. The college of mechanics and engineering shall em- brace practical and theoretical instruction in the various branches of mechanical and engineering science and art, and may embrace sucli additional branches as the regents may de- tennine. The college of agriculture shall embrace instruction and experimentation in the science of agriculture and in those sciences which are tributary thereto, and may embrace such ad- ditional branches as the board of regents shall determine. The college of law shall consist of courses of instruction in the prin- ciples and practices of law, and may include such other i branches as the regents may determine. Open to both sexes — 'Military instruction — Diplomas may be countersigned. Section 387. The university shall be open to female as well as to male students, under such regulations and restrictions as the board of regents may deem proper; and all able-bodied male students in whatever college therein may re ceive instruction and discipline in military tactics, the requisite arms for which shall be fui-nished by the state. Any person who has graduated from a regular collegiate course at the uni- versity, and after such graduation shall furnish evidence to the state superintendent of good moral character and of successful teaching for one school year in a public school of this state, may have his diploma countersigned by said superintendent, which shall then have the force and effect of a limited state cerr tificate, subject to the exercise of the power vested in the state superintendent to revoke the right given by his signature to such diploma. Tuition. Sectioist 388 (as amended by Chapter 344, Laws of 1901). ISTo student who shall have been a resident of the state for one year next preceding his admission at the beginning of any academic year shall be required to pay any fees for tui- tion in the university except in the law department and for extra studies. The regents may prescribe rates of tuition for ^02 SCHOOL LAWS OF WISCONSIN. any puj^il in the law department, or wlio sliall not have been a resident as aforesaid, and for teaching extra studies. Attend- ance at the university shall not of itself be sufficient to effect a residence. Funds for support of— Gifts, bequests, etc. Section 389. For the support and endowment of the university there is an- nually and pemianently appropriated: 1. The university fund income and all other sums of money aj)propriated by law to such fund. 2. The agricultural college fund income. 3. All such contributions as may be derived from public or private bounty. The entire income of all said funds shall be placed at the disposal of the board of regents by transfer to the treasurer of said board, thenceforth to be independent and distinct of the ac- counts of the state and for the support of the aforesaid colleges or departments of arts, of letters and such other colleges and departments as shall be established in or connected with the university; but all means derived from other public or private bounty shall be exclusively devoted to the specific objects for which they shall have been designed by the grantor- and all gifts, grants, bequests and devises for the benefit or advantage of the university or any of . its departments, colleges, schools, halls, observatories or institutions, or to provide any means of instruction, illustration or knowledge in connection therewith, whether made to trustees or otherwise, shall be legal and valid and shall be executed and enforced according to the provisions of the instrument making the same, including all provisions and directions in any such instrument for accumulation of the in- come of any fund or rents and profits of any real estate with- out being subject to the limitations and restrictions provided by law in other cases; but no such accumulation shall be al- lowed to produce a fund more than twenty times as great as that originally given. All such gifts, grants, devises or be- quests may be made to the regents of the university or to the president or any officer thereof, or to any person or persons as trustees, or may be charged upon any executor, trustee, heir, devisee or legatee, or made in any other manner indicating an intention to create a trust, and may be made as well for the benefit of the university or any of its chairs, faculty, depart- ments, colleges, schools, halls, observatories or institutions or to provide any means of instruction, illustration or knowledge in 6^ THE UNIVERSITY— TAX FOR. 20^ connection therewith, or for the benefit of any class of students at the university or in any of its departments^ whether by way of scholarship, f ellowsliip or otherwise, or whether for the bene- fit of students in any course, sub-course, special course, post- graduate course, summer school or teachers' course, oratorical or debating coiu'se, laboratory, shop, lectureship, drill, gymna- sium, or any other like division or department of study, experi- ment, research, observation, travel or mental or physical im- provement in any manner connected with the university, or to provide for the voluntary retirement of any of its faculty. And it shall not be necessary in case of any such gift, grant, devise or bequest to exactly or particularly describe the members of the class, gToup or nationality of students intended to be the beneficiaries, but it shall be sufficient to describe the class or group; and in case of any such gift, grant, devise or bequest the regents shall divide and graduate the students at the uni- versity into such classes or divisions as may be necessaiy to select and determine those belonging to the class intended by such gift, grant, devise or bequest, and shall determine what particular persons are within or intended by the same. It shall be sufficient in any such gift, grant, devise or bequest to de- scribe the beneficiaries as belonging to a certain course, sub- course, department or division of the university, or as those pur- suing certain studies, speaking or writing a certain language or languages, belonging to any nationality or nationalities, or to one of the sexes or by any other description, and in such case the regents shall determine the persons so described as herein- before provided. Tax for, and appropriation of part — Loans. Section 390. (Statutes of 1898, as amended by Chap. 322, Laws of 1901, amending Chap. 170, Lav7s of 1899.) There shall be levied and collected annually, a state tax amounting to the sum of two hun- dred and eighty-nine thousand dollars, which amount when so levied and collected is annually appropriated to the university fund income, to be used as a part thereof for current or adminis- tration exjoenditures, and for the construction in the order of the greatest need therefor, of such allitional buildings and works and tlie enlargement and repair of buildings and works as in the judgment of the regents shall be absolutely required, and can be completed within the appropriations so made ; provided, that forty thousand dollars o? the said annual appropriation shall be applied annually to the uses of the college of agriculture; also ^04 gCHOOL LAWS Of WISCdNSI^f. that twenty-two thousand five hundred dollars thereof shall he applied annually to the uses of the college of mechanics and en- gineering; also that thirty-five hundred dollars thereof shall be applied annually to the uses of the new school of commerce ; also that two thousand dollars thereof shall be applied annually to the uses of the summer school of science, literature, language and pedagogy, in connection with the university, authorized by sec- tion 392a; also that one thousand dollars thereof shall annually be applied to the purchase of books for the use of the law li- brary of the university ; and, also, the thirteen thousand dollars of the said annual appropriation shall annually be applied and used in adding facilities for and establishing and maintaining courses of instruction in railway' and electrical engineering in the university. The conunissioners of public lands may direct the state treasurer from time to time to set apart by way of loan, to the fund known as the university fund income, for university uses, from uninvested moneys in the trust funds, for the period while so uninvested, such amount not exceeding at any time the sum of seventy-five thousand dollars, as in their judgment shall be prudent, such loans to be repaid to the trust funds from the appropriation hereinbefore made to the university fund income, with interest at the rate then required, on deposits made pur- suant to sections 160a to 16 Of inclusive. Sectiok 2. There is hereby appropriated from the general fund of the state out of any moneys, not otherwise appropriated, to the university fund income of the university of Wisconsin, for the construction, furnishing and equipment of an agricul- tural building, the sum of one hundred and fifty thousand dol- lars, and for the furnishing and equipment of the new building, machine shops, foundry and laboratories of the college of en- gineering, the sum of thirty thousand dollars ; the said sums to be paid as soon as iDracticable after the collection of taxes, and said moneys to be expended in such manner and at such times for the purposes aforesaid as in the judgment of the regents shall seem best ; provided, that no plan or plans shall be adopted, and no contract or contracts shall be entered into by the board of regents of the university of the state of Wisconsin for the con- struction of any building or other structure or thing specified in this act, until such plans and contracts, with estimates of the total cost thereof, shall have been submitted to, and in writing approved by the governor of the state, who shall withhold such approval until he shall satisfy himself by a personal examination of the same, and by such other means as he in OF THE UNIVERSITY— SUMMER SCHOOL. 205 his discretion, may adopt, that any snch building, structure or thing can and will be erected and fully completed according to such plans or contracts for the sum of money not exceeding the amount hereby appropriated for such particular purpose. The observatory. Section 391. The sum of three thousand dollars shall be set apart annually from the receipts of the tax first mentioned in the preceding section for the maintenance of the astronomical observatory on the university grounds, to be expended by the regents in astronomical work and instruction. And a like sum is annually appropriated out of the general fund to the board of regents for the purpose of enabling said board to employ and maintain a director of the Washburn observatory. Regents' expenses. Section 392. The regents shall each re- ceive the actual amount of his expenses in traveling to and from and in attendance upon all meetings of the board or in- curred in the performance of any duty in pursuance of any di- rection of the board ; accounts for such expenses, duly authenti- cated, shall be audited by the board and be paid on their order by the treasurer out of the university fund income. I^To regent siiall receive any pay, mileage or per diem except as above pre- scribed. Summer school. Section 392a. The board of regents may maintain the summer school of science, literature, language and pedagogy heretofore established in connection with the univer- sity ; provided, that all teachers employed therein shall be desig- nated by the state superintendent and the president of the uni- versity. 206 SCHOOL LAWS OP WISCONSIN. XVIII.-STATE NORMAL SCHOOLS. (Chapter 26 of "Wisconsin Statutes of 1898.) Regents; their terms and vacancies. Section 393 (as amend- ed by Chap. 166, Laws cf 1901, amending Chap. 74, Laws of 1899, as amended by Chap. 260, Laws of 1899). Lor the gov- ernment of the normal schools established and which may hereafter be established, " and for the performance of the duties prescribed to them, there is constituted a board of eleven regents, called "the board of regents of normal schools," composed of the , state superinten- dent, as ex-officio regent, and of ten appointed regents, at least one of whom shall be a woman. The term of office of the appointed regents commencing with the first Monday of Febru- ary in the year in which aj^pointed, shall be five years and until the appointment and qualification of their respective successors ; except that the regents first appointed under this act shall be divided into five classes of two each, and the term of office of said classes so first appointed shall be resj)ectively one, two, three, four and five years and until their successors are ap- pointed and qualified, and their successors in office shall con- tinue so divided into five classes of two each, so that the term of office of two regents shall expire each year ; and not more than one male member of the board shall reside in any one congres- sional district; provided, however, that where two normal schools are. located in one congressional district there may be two reffents in such district. The erovernor shall fill all vacan- cies by appointment, and in case of a vacancy before the expira- tion of a term, the appointment shall be for the residue of the term only. NORMAL SCHOOLS— OFFICERS OF BOARD. 207 Powers of regents. Section 394. The "board of regents and their successors in office are constituted a body corporate by the name aforesaid ; and may purchase, have, hold, control, possess and enjoy, in trust for the state, for educational purposes solely, any lands, tenements, hereditaments, goods and chattels of any nature which may be necessary and required for the purposes, objects and uses of the state normal schools authorized by law and none other, with full power to sell or dispose of such per- sonal property or any part thereof when in their judgment it shall be for the interest of the state ; and shall possess all other powers necessary or convenient to accomplish the objocts and perform the duties prescribed by law. The board of regents shall not sell, mortgage or dispose of in any way any real estate, nor borrow money without the express authority of the legisla- ture; nor shall they contract indebtedness nor incur liabilities to exceed, at any time^ in the aggregate, the amount of money which, under the provisions of law, shall then be at their disposal in the hands of the state treasurer ; nor shall said board ever re- duce the amount so at their disposal below the aggregate amount of their indebtedness or liability except in payment of such in- debtedness or liability. The proceeds of the sale of any real or personal estate shall be paid by them into the treasury, and shall become a part of the income of the normal school fund. The entire income of the normal school fund shall be placed at the disposal of the board of regents of the normal schools by transfer to the treasurer of said board, and shall be distinct and inde- pendent from the accounts of the state, and be applied for the support of normal schools as provided by law. Officers of board. SECTioisr 395. The officers of the board shall be a president, vice-president and secretary; they shall severally hold their offices for the term of one year and until their successors are elected, and shall perform the duties inci- dent to their several offices- and such as are prescribed by the board. The state treasurer shall be ex-officio the treasurer of the board, but the board may appoint suitable persons to receive any tuition fees or other moneys that may be due from any stu- dent or other person, to disburse any part thereof and pay the balance to the treasurer. Meeting's; quorum. Section 396. The said board shall hold an annual meeting at the capitol on the second Wednesday in July in each year or at such time as they may designate. Spe- cial meetings may be called by the governor or by the president 208 SCHOOL LAWS OF WISCONSIN. of the board on a petition signed for that purpose by any three regents. A majority of the regents shall constitute a quorum for the transaction of business; but a less number may adjourn from time to time. Removal of regents; disqualification of officers, etc. Section 397. Any regent may be removed from office for cause upon reasonable notice by a vote of two-thirds of all the regents. jSTo regent or officer, trustee or person appointed or employed in anv position or capacity connected with normal schools or normal in- stitutes shall at any time act as agent of any author or pub- lisher of or dealer in school books, maps or charts, or school li- brary books, or school furniture or apparatus, or become in- terested directly or indirectly in the publication, manufacture, or sale of any such as agent or otherwise, except solely as au- thor or inventor, and for a violation hereof any regent shall be expelled from the board by a majority vote of the regents ; pro- vided, that the purchase and use of books and appliances written or invented by persons connected with any of the schools shall not be deemed to be prohibited. Compensation of regents. Section 398. 'No member of the board of normal regents shall receive any pay for traveling to or attendance at any meeting of the board, but for any specific service rendered under the direction of the board, other than at- tending the meetings thereof, such compensation may be allowed any member as the board shall deem just and reasonable ; and such compensation and all moneys actually and necessarily ex- pended by any member in travelinsr, attending meetings, or per- forming any other duty or service directed to be performed, shall be paid out of the normal school fund income in the state treasury on accounts presented to and adjusted by the board and certificate signed by the secretary and president thereof. Other normal schools; alteration, etc., of buildings. Section 399. In addition to those heretofore established, the said board of regents may establish other state normal schools at such places as they may designate, upon sites selected by them ; and when, in their opinion, the educational interests of the state require it,^ they may proceed to erect suitable buildings upon the sites so se- lected, and they may enlarge, alter or repair any normal school buildings. Whenever any such site shall be donated, then as soon as the title thereto shall be vested in them in fee in trust ~ NORMAL SCHOOLS— DONATIONS— ACCOUNTS. 209 as aforesaid, and when money is donated, tlien as soon as such money is paid into the state treasury, subject to be paid out only on the warrant of the secretary of state, as pro- vided in the next section, or secured to be paid by the de- posit with the state treasurer of United States or Wisconsin state bonds in amount equal in value to the sums of money so donated, said board may procure suitable plans and specifica- tions for such building's, alterations or repairs thereof, and em- ploy persons to superintend the construction of die same; and, they may advertise for proposals to erect, repair or enlarge any normal school building, reserving the right to reject any and all proposals made in pursuance of such advertisements ; and the expense of such advertising and procuring plans and specifi- cations shall be j^aid from the normal school fund income. Donations, collection and application of. SECTioisr 400. The said board shall demand and receive the sums of money donated and subscribed by any persons to aid in the erection of the neces- sary buildings for normal schools in such manner as said board may prescribe, and apply the same in the erection and comple- tion of said buildings, the purchase of the necessary books, ap- paratus, furniture and fixtures, and for various other inci- dental expenses to be incurred by said board in pursuance of the provisions of these statutes, and if any surplus shall remain, ap- ply the same to the expenses of conducting said normal schools ; and any deficit which may arise in the erection and completion of said buildings and purchases aforesaid shall be paid out of the normal school fund income. Accounts, how made, etc. Section 401. All payments for the erection, repairs or enlargement of any normal school build- ing, or for fixtures or furniture therefor, and all disbursements from the normal school fund income, including the expenses of boards of visitors of normal schools and of teachers' institutes, shall be made by the treasurer of said board on the warrant of its secretary, countersig-ned by its president, and drawn in accord- ance with the directions of the board, after being audited and al- lowed pursuant to its rules and regulations, and not otherwise ; and in case of a donation no such warrant shall be issued for any part thereof until the sums donated and subscribed shall have been paid into the state treasury, nor in any case until the work shall be done, the services rendered, buildings erected or fixtures or furniture purchased under the direction of said board and 14 210 SCHOOL LAWS OF WISCONSIN. pursuant to a contract made with it. All claims and accounts, before being paid bj or under the authority of such board, shall be verified and approved in the same manner as claims against the state university are required to be verified and approved. Objects of schools. Section 402. The exclusive purposes and objects of each normal school shall be the instruction and training of persons, both male and female, in the theory and art of teaching, and in all the various branches that pertain to a good common school education, and in all subjects needful to qualify for teaching in the public schools ; also to give instruction in the fundamental laws of the United States and of this state in what regards the rights and duties of citizens. Model schools. Section 403. Said board shall also estab- lish a model school or schools for practice in connection with each state normal school, and shall make all the regulations necessary to govern and support the same ; and they may in their discretion admit pupils to such model schools free of charge of tuition. Powers of board as to schools. Section 404. The said board shall have the government and control of all the normal schools, and shall have power therefor : 1. To make rules, regulations and by-laws for the good gov- ernment and management of the same and each department thereof. 2. To appoint a principal and assistants and such other teach- ers and officers and to employ such persons as may be required for each of said schools ; to fix the salary of each person so ap- pointed or employed and to prescribe their several duties. 3. To remove at pleasure any principal, assistant or other of- ficer or person from any ofiice or employment in connection with any such school. 4. To purchase any needful and proper apparatus, books or articles to assist in instruction, and to provide for all necessary fuel and supplies for. the conduct of such schools. 5. To prescribe the courses of study and the various books to be used in such schools. 6. To cause notice to be given of the opening of such schools and the several terms thereof. Y. To prescribe rules and regulations for the admission of students ; but every applicant for admission shall undergo an ex- amination to be prescribed b^ the board, and shall be rejected if '' NORMAL SCHOOLS— DIPLOMAS— VISITORS. 211 it shall appear tliat he is not of jsrood moral character, or if ap- plying as a free pupil will not make an apt or good teacher. 8. To require any applicant for admission, other than such as shall, prior to admission, sign c^nd file with said board a declara- tion of intention to follow the business of .teaching common schools in this state, to pay or to secure to be paid such fees for tuition as the board may deem proper and reasonable. 9. To cause lectures on any art, science or branch of litera- ture to be delivered in any such schools on such terms and con- ditions as they may prescribe. 10. To confer by by-laws upon the principals of the several normal schools the power to suspend or expel pupils for miscon- duct or other cause prescribed in such by-laws. Diplomas and certificates. Section 405. Said board may grant diplomas in testimony of scholarship and ability to teach, but no such diploma shall be granted until such graduate shall have passed a thorough and satisfactory examination in the course of study prescribed by the board. When any such gradu- ate has, after receiving such diploma, taught a public school in this state one year, the state superintendent may, after such ex- amination as to moral character, learning and ability to teach as to him may seem proper, countersign the diploma of such teacher, and thereafter such countersigned diploma shall be evi- dence of his qualifications to teach in any common school, and shall have the force and effect of an unlimited state certificate. The said board mav also, on such conditions as they may deter- mine, grant a certificate of attendance certifying that the holder has completed the elementary course in a normal school and is qualified to teach a common school ; and the said superintendent may, upon conditions above prescribed respecting diplomas, countersign such certificate, and thereafter such countersigned certificate shall be evidence of his qualification to teach in any common school of the state, and shall have the full force and effect of a limited state certificate. Board of visitors. Section- 406. After any state normal school shall have commenced its first term, and at least once in each year thereafter, it shall be visited by three suitable per- sons, not members of the board, but to be appointed by the state superintendent, who shall examine thoroughly into the condi- tion, organization and management of the school, and shall re- port to the said superintendent their views in regard to its suc- cess and usefulness and any other matters they may judge ex- 212 SCHOOL LAWS OP WISCONSIN. peclient. Such visitors shall be appointed annnallj',, and their report shall bear date of the thirtieth day of May and cover the year preceding such date. State tax; loans. Section dOGa, (Statutes of 1898 as amended by chapter lYO of the laws of 1899, as amended by Chap. 370, Laws of 1901.) For the purpose of conductins: and maintaining the normal schools, there shall be levied and col- lected annually a state tax of "two hundred and fifteen thousand dollars" ($215,000) which amount is hereby annually appropri- ated to the normal school fund incoiue. The commissioners of public lands ma_y loan to the board of normal school regents, such part of the normal school fund as they deem prudent, not to exceed the sum of sixty thousand dollars ($60,000) such loan to be repaid from the income of the normal schools and from any appropriations hereafter made for their support and mainte- nance as follows, to-wit: the sum of five thousand dollars ($5,- 000) February 1, 1898, five thousand dollars ($5,000) Febru- ary 1, 1899, and ten thousand dollars ($10,000) on the first dav of February each year thereafter until said loan is fully paid and discharged. TEACHERS' INSTITUTES. How held and conducted. Sectiok 407. Institutes for the instruction of teachers shall be held in each year in such coun- ties as mav be designated hj the state superintendent, wdth the advice and concurrence of said board, jJ-reference being given to such counties as receive the least direct benefit from the nor- mal schools. The state superintendent, by and with the advice and consent of said board, may make such rules and regulations as they shall deem proper for organizing and conducting such institutes, and may, by and with the like advice and consent, employ an agent or agents to perform such -work in connection therewith as by such rules and regulations may be prescribed. Each of said institutes shall be held under the direction of such agent or agents, assisted by the county superintendent. The course of study pursued in such institutes shall, as far as practi- cable, be uniform', and be prescribed by the state superintendent with the assistance of such agents, but subject to revision by said board. Appropriation for. SECTiojsr 408, (Statutes of 1898, as amended by Chap. 170, Laws of 1899, as amended by Chap. 371, Laws of 19.01). For the purpose mentioned in the pre- NORMAL SCHOOLS— INCOME— REPORT, 213 ceding section, said board may use sucli sum not exceeding four- teen thousand dollars in a year, as it may deem necessary, of which not exceeding seven thousand dollars shall be paid from the normal school fund income and seven thousand dollars from the general fund, and such amounts as shall be so expended are ' hereby annually appropriated from the said funds respectively. The secretary of state shall annually, upon presentation to him of the certificates of the president and secretary of the board of regents, of the amount expended for the purpose mentioned in this section, draw his warrant in favor of the treasurer of said board for seven thousand dollars. t Normal school fund income. Section 409. The normal school fund income shall, under the direction and management of the said board, be applied and is hereby appropriated to the estab- lishment and support of the state normal schools and the pur- poses directed in this chapter. Regent's report. Section- 410. The president of said board shall make to the governor a biennial report, bearing date the thirty-first day of August of the year in which the biennial fiscal term closes, which shall contain a full and detailed account of the doings of the said board and of all their expenditures and of all moneys received and the prospect, progress and condition of said normal schools and such report, together with the reports of the different boards of visitors, shall be transmitted to the legis- lature by the governor. 214 SCHOOL LAWS OF WISCONSIN. XIX.-THE STATE SUPERINTENDENT. Term and oath. Section 164. The term of office of the state superintendent shall be two years. He shall, within twenty days after he receives notice of his election, and before entering upon the duties of his office, take and subscribe the constitutional oath of office, which oath shall be filed in the office of the secre- tary of state. Assistant superintendent. Section 165. The state superin- tendent may appoint under his hand an assistant, who shall take the constitutional oath of office, which, with his appointment, shall be filed in the office of the secretary of state. Such assist- ant shall perform such duties as the superintendent shall pre- scribe, not inconsistent with law; and the superintendent shall be responsible for all acts of such assistant. High school inspector. Section 165(2. He may also appoint, in like manner, an inspector of free high schools, who shall assist him in visiting, inspecting and supervising such schools and aid in giving information and assistance in the organization and maintenance thereof in towns where there are no graded schools. When he is not engaged in the performance of said duties said inspector may be assigned to such duties in the office of the state superintendent as the latter may designate. Clerks, etc. Section 165&. The state superintendent may appoint a chief clerk, who shall, under his direction, have charge of the books and correspondence of the office, and who shall ren- der such other assistance as the superintendent may direct. He may also appoint a library clerk, who shall, under his direction, aid in promoting the establishment, maintenance and control of school libraries ; an index and filing clerk and a person as clerk and stenographer. All such appointments shall be made by writ- ing filed in the office of the secretary of state. tMg STATE gUPEiftlNTENDENT. 215 Superintendent's duties. Section 166. The state superin- tendent shall have a general supervision over the common schools^ and it shall be his duty : Inspection of schools. 1. To visit, so far. as practicable, eVery county for the purpose of inspecting the schools, awakening an interest favorable to the cause of education, and diffusing as widely as possible, by public addresses and personal communi- cation with school officers, teachers and parents, a knowledge of existing defects, and of desirable improvements in the govern- ment and the instruction of the schools. School books. 2. To recommend the introduction of the most approved text-books, and as far as practicable to secure a uni- formity in the use of text-books, prohibit the use of sectarian books and sectarian instruction in the schools ; to advise in the selection of books for school-district libraries, and to open such correspondence abroad and attend such educational meetings of a national character as he may deem important and as may en- ble him to obtain, so far as practicable, information relative to the system of common schools and its improvements in other states and countries, which he shall embody in his biennial re- port. School libraries, laws, courses of study. 3. To prescribe rules and regulations for the management of school district libraries, and the penalty which shall be imposed by district boards for any violation thereof; to j)repare for the use of school officers suitable forms for making rejDorts and conducting all neces- sary proceedings ; to cause the laws relating to common schools, with the rules, regulations and forms aforesaid and such instructions as he shall deem necessary, to be printed in pamph- let form, with a suitable index, and to cause such pamphlets to be distributed among the several district and other officers hav- ing the care of conaaxLon schools ; to, from time to time, by printed circulars and bulletins of information, communicace with teachers and school officers relating to matters connected with the management of public schools and the administration of his office ; to prepare and publish from time to time, as occasion may require, courses of study for ungraded and for high schools, with such comments and instructions appended as may be deemed necessary for distribution to school officers, teachers and others interested. The printing herein authorized shall be done at the expense of the state by the state printer. 216 SCHOOL LAWS OF WISCONSIN. Appeals. 4. To examine and determine all appeals, wliicli by law may be made to liim, according to the laws regulating the same, and his decisions thereon shall be final; and to prescribe rules of practice in respect thereto, not inconsistent with law. Educational works. 5. To collect, in his office such school books, apparatus, maps, and charts as can be obtained without exjDense to the state ; and also to purchase at an expense not ex- ceeding one hundred and fifty dollars a year, to be paid out of the state treasury, rare and valuable works on education, for the benefit of teachers, authors and others who may wish to consult them. School fund. 6. To apportion and distribute the school fund income as provided by law. Copies of papers. 7. To make copies when required by any person so to do, of any paper deposited or filed in his office, and of any act or decision made by him, and certify the same; and he may demand therefor twelve cents per folio. Biennial report. 8. To prepare in each even-numbered year a report to be delivered by him to the governor, on or before the tenth day of December, containing : First. An abstract of all the common school reports received by him from the several county clerks [county sujjerintendents]. Second. A statement of the common schools in this state. Third. Estimates and accounts of expenditures of the school money. Fourth. Plans for the improvement and management of the common school fund, and for the better organization of common schools. Fifth. A statement of his official visits, and of his travels in making the same during the past two years. Sixth. All such other matters relating to his office, and the common schools, as he shall deem expedient to communicate. County superintendents' conventions. 9. (As am^ended by Chap. 59, Laws of 1899.) To hold at least two conventions annually in as many difi^erent and most convenient and acces- sible points in the state for the purpose of consultation, advice and instruction with county superintendents in regard to the supervision and management of the public schools. This is an amendmont of subdivision 9, of section 166, of the Wis- consin statutes of 189S, While the number of conventions annually THE STATE SUPERINTENDENT. 217 held by the state superintendent for the purpose of consulting with the county superintendents is by this act reduced from four to two, each convention will remain in session an increased number of days. Generally. 10. To pei-form all other duties imposed upon him by law. Office. Section 167. The state superintendent shall have an office in the capitol, where shall be deiDosited all papers and documents appertaining to the business of his office, and to which place communications on the subject of common schools may be addressed to him. ; , 218 gCiiOOL LAWS OF wiScdNgiN. XX.-CONSTITUTIONAL PROVISIONS. (Article 10.) Superintendent of instruction, how chosen, powers and compen- sation. Section 1. The supervision of public instruction shall be vested in a state superintendent, and such other officers as the legislature shall direct. The state superintendent shall be chosen by the qualified electors of the state, in such manner as the legislature shall provide ; his powers, duties and compen- sation shall be prescribed by law. Provided, that his compen- sation shall not exceed the sum of twelve hundred dollars ^an- nually. School fund, what is; interest of, how applied. Section 2. The proceeds of all lands that have been or hereafter may be granted by the United States to this state for educational pur- poses (except the lands heretofore granted for the purposes of a university), and all moneys, and the clear proceeds of all prop- erty that may accrue to the state by forfeiture or escheat, and all moneys which may be paid as an equivalent for exemption from military duty ; and the clear proceeds of all fines collected, in the several counties, for any breach of the penal laws, and all moneys arising from any grant to the state where the purposes of such grant are not specified, and the five hundred thousand acres of land, to which 'the state is entitled by the provisions of an act of congress, entitled, "An act to appropriate the proceeds of the sales of the public lands, and to grant pre-emption rights," approved the fourth day of September, one thousand eight hun- dred and forty-one ; and also the five per centum of the net pro- ceeds of the public lands to which the state shall become entitled on her admission into the Union (if congress shall consent to such appropriation of the two grants last mentioned) shall be set apart as a separate fund, to be called the "school fund," the interest of which, and all other revenues derived from the school Constitutional provisions. 219 ■ I lands, shall be exclusivelj applied to th.e following objects, to- wit: 1. To the support and maintenance of common schools, in each school district^ and the purchase of suitable libraries and apparatus therefor. 2. The residue shall be appropriated to the support and main- tenance of academies and normal schools, and suitable libraries and apparatus therefor. District schools; tuition; sectarian instruction. Section 3. The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable; and such schools shall be free and without charge for tuition, to all children between the ages of four and twenty years ; and no sectarian instruction shall be allowed therein. Annual school tax. Section 4. Each town and city shall be required to raise, by tax, annually, for the support of common schools therein, a sum not less than one-half the amount received by such town or city respectively for school purposes from the income of the school fund. Income of school fund, how distributed. Section 5. Pro- vision shall be made by law, for the distribution of the income of the school fund among the several to^^ms and cities of the state, for the support of common schools therein, in some just proportion to the number of children and youth resident therein, between the ages of four and twenty years, and no appropriation shall be made from the school fund to any city, or town, for the year in which said city or town shall fail to raise such tax ; nor to any school-district for the year in which a school shall not be maintained at least three months. FOR THE USE OF SCHOOL OFFICERS. No. 1. Form of order organizing a new school-district, to be filed with the town clerk. It is hereby ordei-ed and determined that [here describe the territory to be comprised in the district, by sections and parts of sections] shall hereafter constitute a school-district, to be known as school-district No. — , of the town of . Given under our hands, this day of , 19—. (Signed) A. B. ^ Supervisors C. D. V of the town E. F. 3 of . Note.— For form of order organizing joint district, see No, 6. No. 2. Form of notice for the first meeting of a school-district, to be delivered by the town supervisors to a taxable inhabitant of the district. Having, on the day of , 19 — , formed a new school-. district, to be known as school-district No. — , of the town of , [or joint school-district No.—, of towns of and in case it be a joint district] comprising the following terri- tory: [Here insert the description of the district, as in form No. 1], you are hereby directed to notify every qualified voter of said district to attend the first meeting thereof, which is hereby appointed to be held at the house of , in said dis- triQt, on the — - day of , J 9—, at — o'clock in the -noon, by reading this notice in the hearing of each such voter, or la FORMS FOR THE USE OF SCHOOL OFFICERS. 221 case of absence from his place of residence, by leaving thereat a written n>.;tice of the time and place of such meeting, at least five days before the time appointed for such meeting, and thereof to make d»e return. Dated at , this day of , 19—. (Signed) A. B. ~\ Supervisors C. D. V of the town E. F. ) of . NoTS. — If it is a joint district, the notice must be signed by the super- visors of each town in which any part of the district lies. No. 3. Form of notice for first meeting, to be left at the residence of a voter when absent. To A. A. : By direction of the supervisors of the town of — , you are hereby notified tha? the first meeting of school-district No. — , of , recently formed, will be held at the house of ■ , in said district, on the day of 19 — , at o'clock in the noon. Your attendance is requested. (Signed) G. H., Person appointed to give notice. No. 4. Form of return to be endorsed upon notice received from town supervisors, on the formation of a school-district. I hereby certify that I have notified the following named per- sons [h — (Signed) ^. -H. Note.— This notice of refusal must be filed within ten days after the election, or the person will be deemed to have accepted the office, and bg liable for non-performance of duty. 228 SCHOOL LAWS OF WISCONSIN. No. 17. Form of an appointment to fill a vacancy in tltc ciisLrict boarJ. To A. B. : The office of [clerk, director, or treasurer] of school-district No. , of the town of , having become vacant, you are hereby appointed to fill such vacancy until the next annual meeting in said district. Dated this day of — ■ — . 19 — . (Signed) G. IT., Director. E. 1^'. , Treasurer. [Or other members of the board as the case may oe. ] Note. — It requires two members cf the board to make c.a appo n'm^nf. If they neglect for ten days to fill ti: e Vcicaiicy, it must be c one by the town clerk, after the following form; in either case the axjpohitment must be tiled with the district clerk. No. 18. Form; when the town clerk appoints. To A. B. 1 The office of [clerk, director or treasurer] of school-dip.trict No. ; of the town of , having become vacant, and' the district board of said district having failed to fill the same within ten days you are liereby appointed to fill such vacancy until the next annual meeting of said district. (Signed), C D., Town Clerk. Note. — In case a vacancj' in a joint district is to be filled by the tovv'n clerk, the appointment is to be made by the clerk of the town containing the schoolhouse. (See sec. i33.) No. 19. Form of refusal to accept a district office by appointment. To the district board of school-district No. [or the town clerk as the case may be], of the town of : You are hereby notified of my refusal to accept the office of FORMS FOR THE USE OF SCHOOL OFFICERS. 229 of fcliool -district No. , of said town, to wlxica I wilj ap})ointcd by you on the day of , lRMS FOR THE USE OP SCHOOL OFFICERS. 231 partmcnt for which he is engaged may be specified, and the contract may ip;;d: "• ■ dolJais per week," if hired by the week. By section 45'J printed on page 71 of this code, it will be seen that 20 days constitute a teacher's month, .unless otherwise specified in the con- tract. Wiit-ii the tea ;ner is hired at so much a month it is best always to specify in the contract how many days of teaching shall be considered a month. All legal holidays count as school days for both teacher and district, if they come on a day when school would otherwise be taught, but as the law now provides Saturdays are not to be counted. If a legal holiday oc- curs on Sunday, the succeeding Monday is a legal holiday. If the teacher is expected to build the fire, or cleanse or otherwise care for the schoolhouse. it should be so stated in the contract. If not spe- cially provided for, the district board must provide for janitor service. If the teacher expects the wages to be paid in monthly installments, or in partial payments of any kind, that should be clearly stated in the con- tract. The contract must be signed by at least two members of the board, and cannot lawfully be made, until a meeting of the board has been held. A' copy of the certificate held by the teacher must be attached to the contract. See section 438. No. 22. Form of bond of district treasurer to be filed with the district clerk. Know all men by these presents, that we, E. F. , treasurer of school-district No. - — , of the town of -, and L. M., his surety, are held and firmly bound unto said school-district in the sum of | here insert a sum of double the amount to come into the treasurer's hands, as near as can be as'certainedj to be paid to the said school-district, for the payment of which, well and truly to be made, we bind ourselves, our hoirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our hands and dated this day of , ii. D, lc>— . The condition of the above obligation is such that if the said F. F. , treasurer as aforesaid, shall faithfully discharge the du- ties of his office as treasurer of said school-district, and shall well and truly pay over to the person or persons entitled thereto, upon the proper order therefor, all sums of money which shall come into his hands as treasurer of said district, and shall, at the expiration of his term of office, pay over to his successor in office all moneys remaining in bis hands as treasur(?r aforesaid, and shall deliver to his successor all books og2 SCHOOL LAWS OF WISCONSIN. and papei's appertaining to his said office, then this obligation shall be void, otherwise of full force and virtue. . Signed, sealed and delivered in ^^ E. F. [seal.] • presence of R. S. [■ L. M. [seal.] G. U. Form of approval to be endorsed on the bond of treasurer. We approve of the within bond and surety. (Signed) G. H., Director. C. D., Clerk. No. 23. Form of notice to treasurer to furnish additional security. To A. B., treasurer of district- school No. : Sir. — Deeming the security upon your bond insufficient to protect the district against loss, we hereby require you to fur- nish a new bond in" the sum of $ , with sureties to be ap- proved by us, within ten days of the date hereof. Dated this day of 19—. (Signed) C. D. , Director. E. F., Clerk. No. 24. Form of order on treasurer for nTonej-s to be disbursed by school-district. To A. L>. , treasurer of school-district No. ■ — , in the town of : Please pay to the sum of dollars for here specify the object for which the money is to be paidj, out of any money in your hands, not appropriated, belonging to the [here name the fund on which the ordei' was drawn], of said dis- trict. Dated this day of , 19 — . (Signed) CD., District Clei^. G. H., Director. FORMS FOR THE USE OF SCHOOL OFFICERS. 233 Ko. 25. Form of school register to be kept by the teacher of each school. The reo-ister furnislied by the disti-ict should be one arranged in four parts. The first part should consist of blank pag'es for entering the daily program of recitation and study. The fol- lowing is a model page of this part: DAILY PROGRAMME OP RECITATION AND STUDY. For term from to 190 . . Teacher. R;3 CITATIONS. Text-Books. Study and Work. Beginning. in O g 3 \ Branch. Book. Primary Form. Middle Form. Hr. Min. Upper Form. 234 SCHOOL LAWS OP WISCONSIN. The second part of the register should consist of blank pages for entering tlie school number, name, age, sex, daily attend- ance and tardiness of every pupil vyho attends the school, with a blank column at the righC of the page, if desired, for a monthly summary, and one for "remarks." Following is a model for this section. Usually there is space for four months of record upon two contiguous pages. Teachers' Daily Register for the term commencing , and ending , 190 -. School Months, from to -, Teacher. 6 a < Sex. o CD -3 m B g 1 B Monthly Summaries. _a5 1 a CD a p 12; C © 03 ft 03 >^ Q 03 03 03 a Remaeks. ' SttRMS FOR THE USE OF SCHOOL OFFICER^. 235 The third part of the register should consist of blank pages for shovi^ing the classification of the school, and recording the progress aad standing of each pupil in the several branches of study pursued. Following is a model page of this section, which can be repeated for each class in the school: FIRST (OR SECOND, QR THIRD) CLASS IN GEOGRAPHY. Winter (or spring or fall) Term, beginning ending Class commenced Geography, and advanced to page. d Name. d < Entered. Left. Passed over pages. a Pre- pared to go on from. Remarks. 1. 2. John Jones Jane Smith 15 13 Nov. 1 Nov. 8 March 5 March 8 19-78 25-68 100 68 Page 78. Page 68. Studious. Inclined to be frivo- 3. H. Peters.. 14 Nov. 10 March 5 19-66 100 Page 66. lous. Mother sick. Made up all gone over to Nov. 10. Will prob- ably make up during vacation to page 78, so as to go on with class. The fourth part of the register should consist of a pupil's record for the school year, or ledger, which w^ill be statistics posted from the daily register, and upon which the clerk may depend for making up his annual report for the town clerk. In this record a pupil's name should be entered but once in any one school year. In all the series of records each pupil should be given a school number, which he should carry through tLe 236 SCHOOL LAWS OF WISCONSIN. school year, whether attending school much or little, and this number should be assigned to no other pupil during that year, Following is the form of this section that may be used: Pupils' Eecord for the School Year commencing ending , 190—. , 190—, and Name. 6 <1 Sex. 1st Month. 2nd Month, No. 1 6 a a M 0!] P. a m m P a H m CD a a < ux P 1 CO a Remarks. Notes. — In filling up the daily register, the teacher will, of course, use her own preference in signs. The following are suggested: To indicate presence in the morning this mark — ^•, to indicate presence in the after- noon this mark — "■^; so that if the pupil is present morning and after- noon this sign will appear against the name for that day — X- If tardy in the morning the nuriiber of minutes may be placed in the upper angle, thus— X; if tardy in the afternoon, mdicate m the same way thus — f^. The teacher should take the age of the child, when taking the name, and indicate the sex, as initial letters fail to give the necessary information. The teacher should carefully add the columns in the daily register at the end of each month, which need to bg transferred to the ledger, and enter' the summary therein accurately and legibly. It is very desirable that each district in the state be folly and accurately reported. If one district in a tov/n fails to report fully, the whole town suffers from this failure, in comparison with other towns that may be fully reported. Tha,t the register be neatly kept, it Vv^ill be best for the teacher to use a small blank book, in v/hich may be registered the absences for the day, and then at night the register may be properly filled and footed. Forms of school registers are now published, which are so arranged that all the foregoing items are condensed and kept in a single book. In pro- curing registers school officers should consult teachers or superintendent, and purchase only such as are best adapted to simple yet complete records. FORMS FOR THE USE OF SCHOOL OFFICERS. No. 26. Form of notice to town treasurer of apportionment of school moneys by the town clerk. Treasurer of the town of — - — : You are hereby notified that I have apportioned the school moneys now in your hands, to the different districts of the town, as follows: To district No. 1 do 2 do 3 do 4 do 5 To district No. 6 do 7 To joint dist. . .1 do 2 do 3 Dated this (Signed) day of 19- Town Clerk. Note. — Immediately upon the receipt of the certificate of the town treasurer, of the amount in his hands (See form ^io. 27), the clerk shall proceed to apportion it among the severtil districts of the town from which reports have been received according to Jaw, and thereupon he must notify the treasurer as above, that he may pay the moneys to the treasurers of the districts entitled to the same. No. 27. Form of certificate of town treasurer of moneys in his hands subject to apportionment. To the town clerk of the town of : I hereby certify that there is now in my hands the sum of $ , school moneys, subject to apportionment to the school districts entitled thereto. Dated this day of (Signed) 19—. A. B., Town Treasur-er. 238 SCHOOL LAWS OF WISCONSIN. No. 28. Form of report of town clerk to the county superintendent, of the names and post ofnce addresses of the district clerks in his town. To the county superintendent of schools of the county of- Sir: — I hereby report to you the names of the school-district clerks in the town of , and their addresses, as follows :■ District. Name of Clerk. Postofflce. No. 1, A. B No. 2... 0. No. 3 E. F No. 4 G. H No. 5 . . . I. K.. ...:.. No. 6 L. M Joint No. 1 N. 2 P. R 3 S. T (Signed) A. W., Town Clerk. Note. — The town clerk must report his own name and postofBce to the county superintendent within ten days after the said clerk's election, or appointment, and the name and office of each district clerk in his town, within ten days after the filing of the same in his office. No. 29. Form of determination of relative proportion of taxes to be assessed upon the diiferent parts of a joint district, situated in two or more towns. Upon the application of A. B., C. D., and E. F. in joint school-district No. ■ — , of the towns of — tax- payers . and , we have made the necessary inquiry and examination, and do hereby determine that for every dollar of district tax to be hereafter levied upon that portion of the district, the sum- of cents shall be assessed upon that portion of the district FORMS FOR THE USE OF SCHOOL OFFICERS. 239 lying in the town of , and — — cents upon that part lying in the town oi: • . Dated this day of , 19 — . (Signed) G. H., r Assessors J. K., ^ of L. M. N. O., r Assessors P. R.J of S. T., ( — NoTK. — If assessors cannot agree, and the supervisors, or supervisors and chairman c4' an adjoining town are called to act, they will also sign the above. See section 471. Iso. 30. Form of stateiijent of the amount of taxes voted to be raised in a school- district, to be delivered by the district clerk to the town clerk. To R. S., town clerk of the town of . The amount of taxes voted to be raised in school -district JSTo. . — , of the town of , at the last annual meeting of said district, held on the day of July, 19—, is [write the amount in words] dollars; which amount you are requested to assess upon the taxable property therein. Dated this day of , 19' — . (Signed) ' CD., Clerk of School District No. — , of the town of -. State or Wisconsin, County of , ss. C. D., being duly sworn, on oath says that he is clerk of school -district No. — , of the town of , and the above statement by him made of the amount of taxes voted to be raised by said school-district therein is true. (Signed) C. D. Subscribed and sworn to before me this day of , 19 — (Signed) J. P., Justice of the Peace. Note. — If a district has been lately organized and a tax was voted at the first meeting, as well as at the annual meeting, that should be stated; also any tax voted at a special meeting, held between the tirne of th3 ai^-. nual meeting and the third Monday of November following. 240 SCHOOL LAWS OP WISCONSIN. No. 31. Form of statement of the amount of tnxes voted to be raised in a joint dis- trict, to be delivered to the clcik of ciich town in which any part of the district is situated. To R. S., town clerk of the town of : The amount of taxes voted to be raised in joint school-district No. — , of the towns of and , at the last annual meet- ing of said district, held on the day of July, 19 — , is [write the amount in, words] dollars; and the proportion of that amount to be raised in that part of said district which lies in the town of , is [write the amount in words] dollars, which you are requested to assess upon the taxable property therein.. (Signed) CD., Clerk of Joint School-district No. — Of the towns of and . Note. — Attach affidavit of the district clerk similar to the one given in form No. 30. No. 32. Form of application to board of supervisors to establish a schoolhouse site. To the board of supervisors of the town of : At a regular meeting of school-district No. — , it was decided by a vote of a majority of the electors present, to apply to jour honorable board to establish a schoolhouse site for said district. The district has selected [here describe the location of the site selected], but is unable to obtain the same, for the reason Lhat th3 owner of the land selected will neither lease nor sell the same to the said district [or that the owner is a non-resi- dent]. (Signed) A. B., District Clerk. FORMS FOR THE USE OF SCHOOL OFFICERS. 241 No. 33. Form of certificate of district clerk that the notice lor the meetujg of the supervisors to establish a schoolhouse site has been given. To the board of supervisors of the town of : I hereby certify that on the — ■ — day of , I served the following notice upon the owner and occupant of the land therein described: [Here insert the notice in form 34.] Dated this day of , 19 — . (Signed) A. B., District Clerk. Note.— In case there is no account of the land selectr d for a site, and the owner is unknown or resides out of the state, the notice must be pub- lished in the nearest newspaper, for six weeks previous to the meeting of the board of supervisors, and the above certificate must state the facts of such publication, instead of personal service. No. 34. Form of notice for meeting of supervisors to decide upon an application to locate and establish a schoolhouse site. The undersigned will be present at , on the days of , at — '■ — o'clock in the noon, to_ decide upon the application of school-district No. — , for the location and estab- lishment of a school house site for said district upon [here de- scribe the lands upon which it is proposed to establifJi a site.] Given under our hands, this day of , 19- — . A. B., ~\ Supervisors C. D. , t of the town E. F. 3 of . Note. — In case the application is made by a joint district, the supervis- ors of all the towns in which any part of the district is situated must sign the above notice and be present at the meeting to establish the site. No. 35. Form of certificate of action of town board of supervisors in locating and establishing schoolhouse site. We hereby certify that on the day of , A. D, 19 — , we located and established a schoolhouse site for school-district 242 SCHOOL LAWS OF WISCONSIN. No. — , comprising the following described territory [here de* scribe the lands taken for a site according to the survey of the same],- and award the sum of dollars in full as compensa- tion to the owner [if there are two or more owners of the lands taken, specify the amount awarded to each], of the lands thus taken for said schoolhouse site. Dated this day of , 19 — . (Signed) A. B., ^ Supervisors C. D., >• of the town E. F.,3 of . Note.— The certificate of the action of town boards of supervisors in locating and establishing an addition to a schoolhouse site will be the same as above, except that in the second line, after the word "established," the word "a " will be omitted, and the words " an addition to the " will be in- serted; and the last two lines will be made to read " taken for said addi- tion to said schoolhouse site." tt^= Duplicates of the above certificates must be made out, and one of them must be delivered to the owner or occupant of the land taken, and the other to the district clerk of the district, who must have the same re- corded in the office of the register of deeds of the county in which the site is situated. No. 36. Form of certificate of the sheriff of a vacancy in the office of county super- intendent of schools. To , State Superintendent: Sir: I hereby certify that a vacancy in the office of county superintendent of schools for county, Wisconsin, occurred on the day of , 19—, by [here state the cause of the vacancy, whether by death, resignation, removal from the county, or the removal from office of the incumbent]. Given under my hand and seal of office, this day of , 19—- . ^ (Signed) ' A. B., Sheriff of County, Wisconsin. No. 37. Form of a certificate of a county clerk, of the division of a county mto two superintendent districts, and of a consequent vacancy m the office of county superintendent of schools. To , State Superintendent: Sir: I hereby certify that on the day of , 19_, the board of supervisors of the county of , divided sai the copy of Webster's International Dictionary heretofore fur- nished to said district by the state. , District Clerk. Post office, . Subscribed and sworn to before me, this day of ^ 19—. Send by express to , care of : — . Note. — The price of the dictionary must accompany the application. No. 46. Form of application for re-supply, when dictionary previously furnished ia worn out. State op Wisconsin, County, ss. , being duly sworn, deposes and says that the dictionary heretofore furnished to district No. — , in town of , county of , is so worn out as to be unfit for use. District Clerk. Subscribed and sworn to before me, this day of — 19—. Send by express to , care of 1;^ The last two forms above can be altered to meet circumstances, in case the application for a re-supply is for a graded school in a city or vil- lage. (!tW Dictionaries are not furnished free for are-supply, but at the cost to the state, viz.: Plain edition, $7; indexed, $7.50. The money, or a money order, or a draft must in all cases accorapanj' the application. It is bet- ter to send a money order or draft, as the state is nut responsible if the money is lost. E^" Applications for dictionaries must be made by the district clerk, the secretary of the town board, or the superintendent of the schools in a city or incorporated village, and the post oifice of the applicant should be given as well as the nearest express station. Dictionaries cannot be sent by mail. 248 SCHOOL LAWS OF WISCONSIN. FREE HIGH SCHOOLS. No. 48. Form of resokition proposing establishment of a high school. In order that the question of establishing and maintaining a high school in the town of may be submitted to the elect- ors thereof for determination, the following resolution is hereby proposed for adoption : Resolved, by the town board of the town of , That a high school be established and maintained in said town. The town clerk is directed to give notice that said resolution will be sub- mitted to a vote at the annual town meeting (or, general elec- tion) to be held in said town on the day of , ]9 — , (or, at a special meeting or election to be held on the day of 1 19 — , which the town clerk is hereby required to call upon due notice). Dated this day of , 19 — . (Signatures of Board. ^ li'orm of notice that foregoing resolution will be submitted to vote. Notice is hereby given to the electors of the town of in the county of , that at a special election which is hereby called (or at the annual town meeting or general election) to be held in said town on. the day of , 19 — , the following resolution will be submitted to the vote of said electors: Resolved, etc. [as in the foregoing] ■ and that at said election members of the high school board will be chosen, to take their offices if said resolution be adopted, the clerk for one year, the treasurer for two years, and the director for three years; their FORMS FOR THE USE OF SCHOOL OFFICERS. 249 respective terms of office beginning with the annual town meet- ing. Dated this day of , 19 — . (Signed) , Town Clerk. Note.— The above forms may be used with the proper changes, in the case of incorporated villages, or graded school-districts, the call and notice to be signed by the village or district clerk. In case the call is for special school-district meeting, it must be signed by at least five legal voters of the district, and the notice given at least six days before the time appointed No. 50. Form of certificate to be forwarded to the state superintendent to secure participation in apportionment to free high schools. This may certify that on the day of , 19, — , the legal voters of the town of [or towns of , where two or more towns unite, or of school-district No. — , town of , where vote is by a school- district, or city, or village] adopted a reso- lution to establish and maintain a free high school in said town (or towns, or school -district), an'-i the persons whose names are hereunto appended have been duly elected to the office appended to their names, respectively. We further certify that no (or one or more) graded school exists in said of . The course of study adopted by said high school board for said high school is herewith submitted for the approval of the state super- intendent, and the names and examination papers of , pu- pils prepared to enter said high school, who are residents of said town (or towns, or school-district) of , are herewith forwarded for inspection. The examination of these pupils was held on the day of , 1 9 — , and was conducted by . Dated at , this day of , 19 — . Dii^ector. Clerk. Treasurer. Note. — With this certificate tho examination papers of at least twenty- five pupils, residents of the high school-district, should be forwarded The character and scope of these examinations are commented upon in the tigh school pamphlet. 250 School laws of wisconj^iM. TOWiNSIIIP SYSTEM OF SCHOOLS. No. 51. Form of petition. To M. S., Town Clerk: The undersionied electors of the town of , hereby petition that the question of township school government in said town may be submitted to the electors thereof, at the ensuing annual town meeting (or, geiieral election). Dated this day of , 19 — . (Signed) , Note. — The petition is to be signed by at least ten electors of the town. No. 52. Form of notice to be given by town clerk. Notice is hereby given that at the annual town meeting (or, general election), to be held in said town of , on the day of , 19 — , the question of township school government in said town will be submitted to the electors thereof, a peti- tion therefor having been presented to me signed by ten electors of said town. Dated this day of , 19 — . (Signed) , Town Clerk. INDEX. A ACADEMIES— page incorporated, to report to state superintendent 152 ACCEPTANCE— must be in writing, and filed with the district clerk 4 of district office by two officers necessary to organization of district 4 of school district office 29, 31 ACCOUNT— of district board for expenses to be presented to district meet- ing for allowance . 35 to be kept by the district treasurer 46 ACTIONS - to be brought under the compulsory law 39 director to appear in, for district 45 director to commenc % on treasurer's bond 45 against town treasurer, by district treasurer ». . . 48 against county superintendent for neglect to make report 142 against county treasurer, by town treasurer 93 against district treasurer, by district 45 may be brought by any elector in certain cases 144 against district clerk for neglect to make report 142 against town clerk for neglect to make report 142 ADJOURNMENT— of school district meeting, notice of, when for a longer time than one month 11 of school district meeting 18 ADMISSION— of pupils from other districts 24 of persons over twenty into public schools 24, 37 APFIDAVIT- of district clerk to be attached to his annual report 86 to statement of taxes voted 120 must accompany appeals 138, 139 must be made to application for dictionaries 149 252 ■ INDEX. AGE OF CHILDREN- page entitled to attend school free 219 must be taken and included in the census ; 86 AID— state, for instruction of deaf mutes 160 state, to county training schools 158, 159 state, to graded schools ; . 59, 60 state, to manual training departments 134 state, to free high schools 131, 132 state, to schools of agriculture and domestic economy 156, 157 ALTERATION— of proceedings of district meetings 27 AGRICULTURE AND DOMESTIC ECONOMY— boards provided for 154 county superintendent to be secretary of board 155 county treasurer to be treasurer of boai'd 155 inspection of schools 156 schools, how established 154 - state aid to 156, 157 two counties may unite in establishing schools of ; . . 155 ALTERATION OF SCHOOL DISTRICTS- in town and village 9 notice of meeting of supervisors to consider, 5 notice of, to be filed with town clerk and district clerk 6 not to take effect within three months without consent of dis- trict board 6 not to take effect between the first day of December and the first day of April following 6 of joint districts, how made 7 of joint districts, embracing village and cities 9 of sub-districts, how made 177 to be made by town board of supervisors 2,5,6 AMENDMENTS— to laws, furnished to school districts 91 ANNUAL DISTRICT MEETING - may vote to change text-books 42 to determine time school shall be taught 25 to determine sex of teacher 25 vot3 tax to compensate clerk 26 when to be held 11 notice for, how given 11 ANNUAL MEETING - of board of education in cities 173 ANNUAL REPORT— of district clerk 86 of town clerk „ 89 of county superintendent , 90 of city superintendent or clerk 90 INDEX. 253 ANNULMENT- page of teacher's certificate by county superintendent 63, 76 notice thereof to be filed with town and district clerk 63 of teacher's state certificate by state superintendent 65 APPARATUS- purchase of, by district board 35 tax to be voted for, limited 23 to be approved by state or county superintendent 35 APPEALS - decisions of state superintendent final 216 decisions to be made within thirty days after the hearing thereof is closed 137 effect of, from judgment against district 121 from decision of school district board 137 from refusal of county superintendant to grant a certificate may be taken by applicant 55, 140 may be taken by persons aggrieved 109 no reversal of decision rendered after thirty days 137 rules respecting 138, 141 APPENDAGES- board to provide for the school-house 33, 31 APPLICANTS - for examination of county superintendent shall pay fee 81 APPLICATION— of interest on srhool fund 218 on money received on division of district 8 for Joan by school district 102, 103 APPOINTMENT— of boards of education in cities 172 of sub-district clerks 187 to fill vacancy on school board .... 31 APPORTIONMENT - not affected by alteration of districts 194 of free high school tax ];-}L of school fund b.y state superintendent 195, 196 of school fund income 192 of school fund income, notice of 193 correction of. . 193 of school money by town clerk 92, 194 to state graded schools. 59 of tax for buildings, etc., under township system 188, 189 supplementary, to free high schools 131, 132 to high school districts 123, 131 APPROVAL- by city council of change in text books in cities .:••:• 43 254 INDEX. PAGE ARBOR AND LABOR DAY 151 bii-d day 151 ASSESSMENT— in joint district 95 of district taxes 95, 96 ATTAINMENTS— standard ofj to be established by county superintendent 54 ATTENDANCE— at school 39' compulsory, between the ages of seven and fourteen 39 on institute by teacher, without deduction from wages 71, 72 state graded schools 58 B BLACKBOARDS— tax for purchase of 23 BLANKS— for reports, to be furnished by state superintendent 91 BOARD— (See County Board of Supervisors.) (See Town Board of Directors ) (See Town Board of Supervisors.) (See District Board.) BOARD OF EDUCATION— authority of, in cities 173, 174 clerk of, to make report 90 duty of, to appoint truant officers 40 in cities, annual meeting 173 in cities, appointment, terms 172 in cities, to determine what textbooks shall be used 43 may cause foreign language to be taught not to exceed one hour each day 50 may insure school property and execute note for premium. ... 44 may invest school funds 151 may order changes in textbooks 42 may provide kindergartens 50 president of, to sue ifor forfeitures 39, 40 shall be high school board in certain cases 125 shall have all powers of school district boards 151, 152 to erect school buildings, etc 174, 175 to hold monthly and special meetings 174 to make estimate of school expenses for year 175 to make rules for furnishing textbooks 43 to provide office for board 174, 175 to purchase textbooks , , .,..,...,,...,..,, , , 43 INDEX. 255 BOARD OF EXAMINERS— paoe compensation of members 65 may recommend the issuance of special licenses in certain cases 67 meetings, when, where 63 6i payment of expenses in conducting county superintendent's examinations 84 shall be appointed by state superintendent 63 shall examine applicants for county superintendents' certifi- cates 84 shall recommend countersignature of certificates granted by other states 66 shall recommend the issuance of state certificates based on diplomas 66, 67 BOARD OF REGENTS OF NORMAL SCHOOLS - compensation of = 208 meetings 207 officers of 207 powers of V.Ol, 210. 211 removal of, disqualification of officers 208 report 213 their terms and vacancies 206 BOARD OF REGENTS OF UNIVERSITY — accounts against 200 duties of 198 expenses of 205 meetings of 198 officers and powers of . . •. 197, 198 reports of 199 BOND— of district treasurer 45, 46 of treasurer of free high school board 127 shall be given by county superintendent 83 to cover lease of site 110, 111 United States school funds may be invested in ]51 BOOKS— for records and other purposes, to be purchased by district board 35 to be furnished to indigent pupils ,. 35 text, adopted by city and village boards of education 43 text, may be purchased by district 25, 27 text, purchased by city and village boards of education 43 for register, to be furnished by district clerk 49 text, to be determined by district board 42 BORROWING MONEY— by high school district 100, 131 by school districts 98-107 for teachers' wages 100 jnterest on loan? ........................................... 100, 101 256 INDEX. BRANCHES- page additional ones may be taught. .-. 50 examination in, for county certificate 52, 53 examination in, for state certificate 64 to be taught in school 50 examination in additional, for county certificate 52 BOUNDARIES - of school districts may not be changed except under certain conditions 106, 107 may be changed 5,7,9 BULLETINS- of farm institutes 116 CADETS— graduates, rank of , 154 inspection of ] 53 inspection officer, report of 153 inspection, suspension from 1^4 CENSUS - officer's duty 40 CERTIFICATE - county superintendent's, provided for 84 diplomas of graduates of state normal schools, Milwaukee high school, state university and o^^her colleges converted into teachers' state 66-71 first grade, what studies applicants for, must be examined in 52, 53 foreign, may be countersigned 66 maybe annulled 64, 65, 67 may be granted on transferred papers 53 of establishment of free high schools 123 of graduates of free high schools may be countersigned and have force of first grade certificates for four years 56 of judgment against school district 121 of land taken for school house site 108, 109 of qualification granteS to teachers 52, 70 of town treasurer of moneys to be apportioned 93 of town treasurer to district clerks of amounts paid to district treasurers 93 of value of school-house, etc 8 second grade, what studies applicants for, must be examined in 52, 53 state, shall be recorded by state superintendent , 65 state superintendent shall issue to graduates of University of Wisconsin and Wisconsin normal schools 70 state superintendent to grant, to teachers in manual training departments. ,....,..,...., ,...,,.., ,,..,,... 134 INDEX. 257 CERTIFICATE— Continued. page teachers', additional branches required for 52, 53 teachers', duration of first and second grades increased 53 teachers', how annulled 63 teachers', limited as to time and place 53 teachers', standard of attainment required for 64 teachers' state, conditions of 53, 54 teachers', transfer and renewal of 51 teachers', who not to have 52 third grade, what studies applicants for, must be examined in 52, 53 three grades established 52 to be granted to free high school teachers 134 to graduates of county training schools 159 CHALLENGE- of voters 16-18 CHARGES— against teachers, made in writing 63 CHILD LABOR LAW 41 CHILDREN— crippled, to be admitted to state public school 152 employment of 41, 42 of town or county poor, how educated 150 truant, to be placed in school ; . . . 40 CITIES- general charter law 172, 176 of the first class, school boards in 162, 172 village clerk or clerk of boaad to report to county superinten- dent 90 council: to approve changes in textbooks 43 districts lying in, how altered 9 instruction of deaf mutes in 160 no part of, to be embodied in new joint districts 9 superintendent : to furnish information of blind or deaf persona 83 to include statement of deaf and blind children in report to county board , 83 to report to state superintendent , 90 CLAIMS— discounting of, by public officer 147 CLERK— (See district clerk, town clerk.) COLLEGES— incorporated, to report to state superintendent 152, 153 17 258 INDEX. COMMON SCHOOLS- page exercise in, must be conducted in the English language 50 fund, how distributed 192-196, 219 government of 37-39 no sectarian instruction to be allowed therein 219 to be free to children of certain age 219 to be maintained seven months in each year, or not share in fund 1'92,193 what shall be taught in 50 COMPENSATION— of clerk, limited 26 of county judge for services in removal of officer 144 to land owners for schoolhouse site 109 of members of board of examiners 65 of normal school regents 208 of secretary of town board of directors 178, 179 of state superintendent's assistants 214 of town clerk for library work ^ 115 of truant officers 40 of university regents 205 COMPULSORY EDUCATION— law relating to 39 CONSTITUTIONAL PROVISIONS— in regard to common schools 219 in regard to school fund 218, 219 in regard to state superintendent 218 CONSTITUTIONS — to be taught in common schools 50 CONTRACT — certificate to be attached thereto , 36 sliall terminate , 36 to be filed with clerk ' * 36 what shall be specified in 36 when not valid 36 with teacher 36, 181 CORRECTION — of apportionment 193, 194 COUNTERSIGNATURE- applicant for, to county superintendent shall pay fee 81 effect of, on diplomas and life certificates .... 67 of diplomas from Milwaukee high school 67 of high school diploma by county superintendent 56 of normal school kindergarten diplomas : 68 INDEX. 259 COUNTY BOARD- page may allow county superintendent's traveling expenses 81 to allow county superintendent's expenses for stationery and traveling 74, 75 to allow certain amount to district for each public charge 150 to approve bond of county superintendent 75 to audit bill of expenses of county superintendent 75 to levy school tax upon the towns 192 COUNTY SUPERINTENDENT— certificate, examination for 84 compensation of, fixed by county board 74 eligibility to office 73 liability for neglect to make annual report 142 may accept final normal school standings 62 may accept transferred papers 54 may appoint deputy 79 may be allowed actual traveling expenses 81 may countersign high school diplomas 56 may demand examination in additional branches 52, 53 may give applicant private examination 79 may purchase dictionary from state superintendent 149 may require re-examination 55 not to act as agent for author, publisher or bookseller 143 not to teach, engage in other profession, or absent himself from county 80 removal of, from office 144 residence and office of 81 to annul teachers' certificates 63 to attend annually one convention of county superintendents. 80 to be secretary of training school board 157 to be secretary of board, schools of agriculture 155 to be reimbursed actual expenses in attending county superin- tendents' conventions. 75, 80 to declare schoolhouse unfit for use 78 to direct district board to make repairs 77 to establish standard of attainments for his county 54,55 to examine and license teachers 76 to file notice of annulment with town and district clerk 63 to file statement with county clerk giving names of persons examined, etc • 82 to form inspection districts and hold meetings 79 to furnish information of blind or deaf persons 83 to give bonds 75, 83 to give notice of complaints 63 to give written statement on demand to applicants refused certificates 55 to hold examinations at county seat 79 to hold institute 78, 81 to hold at least one meeting for examination of teachers in each inspection district annually 79 to keep record of moneys collected and paid out 82 to notify district clerks of time and place of meetings for ex- amination of teachers 79 to pay over raoneys to successor 82 to present sworn statement of time spent in discharge of du- ties 75 260 INDEX. COUNTY SUPERINTENDENT— Continued. page to report annually to county board and state superintendent.. 78-90 to report number of children to county clerk and county treas- urer 90 to visit schools 77 COUNTY TRAINING SCHOOLS FOR TEACHERS — boards provided for 1.57 certificates to graduates of 159 county superintendent 1o be secretary of board 157 how established 1.57 inspection of 158 state aid to 159 COURSES OF STUDY— in free high schools shall include certain branches 57, 133 in state graded schools 60 theory and art necessary before high school diploma can be countersigned 57 COUNTY TREASURER- how to dispose of moneys uncalled for 194 to apply to state treasurer for school money apportioned by state superintendent 194 to be treasurer of board, schools of agriculture 155 to collect taxes 96 to give notice to town and city treasurers 194 D DEAF MUTES — instruction of, in villages and cities 160 state aid for 160 teachers of, qualifications approved by state superintendent. . 160 DEBTS — of extinguished districts, how paid 10 of school district, tax may be voted for 23 DECISION — no review of, after thirty days 137 of district meeting, town supervisors, etc., may be appealed from 1,37 of state superintendent, to be final 216 DEPUTY COUNTY SUPERINTENDENT — how appointed 79 qualifications of '. 79 INDEX. ^gl DICTIONARY— • • page money received from sale of, to be paid to state treasurer 149 to belong to district library 150 Webster's, may be furnished school districts by state superin- tendent 149 DIPLOMAS- high school, may be countersigned by county superintendent. 56 Milwaukee high school, may be countersigned • 67 normal school kindergarten, may be countersigned 68 of institutions other than university of Wisconsin and Wis- consin normal schools 66, 67 of university and normal schools may be countersigned 66 of university may be countersigned 201 DIRECTOR— length of term 29 to appear for the district in all actions 45 to approve treasurer's bond 45 to be elected by ballot 18 to countersign orders drawn by clerk 45 to demand additional bond from treasurer 46 to file certificate of appeal from judgment 121 to forfeit sum for countersigning unauthorized orders 143 to prosecute district treasurer 45 to sue for forfeitures 39, 143 DISTRIBUTION— of income of school fund 192-196 DISTRICT— (See School-District.) DISTRICTS - superintendents, county board may divide 74 superintendents, effect upon cities "74 superintendents, what shall constitute 74 DISSOLVED DISTRICT- pioperty of 10 DISTRICT BOARD - have power to adopt textbooks 42 may cause foreign language to be taught not to exceed one hour each day 50 may insure school property and execute note for premium.. 44 may make rules for the government of the district school 37 may provide kindergartens 50 may purchase school books for children whose parents are unable to furnish them 35 may suspend or expel pupils 37, 38 meetings of, how called • • 30 members of, shall forfeit sum for change of textbooks not in compliance with law 44 to admit non-resident pupils 24 to authorize prosecutions under compulsory law 39 262 INDEX. DISTRICT BOARD -Continued. page to build schoolhouse 33 to construct schoolhouses with doors swinging outward 145 to designate officers to arrest truant children 40 to fill any vacancy in their own number 31 to give notice under compulsory law 40 to have the care of schoolhouses, etc 33, 34 to hire teachers 36, 37 to keep schoolhouse in repair 34 to levy school tax in certain cases , 36 to present account of expenses incurred to district meeting. . 35 to provide appendages for schoolhouse 34 to purchase apparatus, record blanks, books, etc 23, 35 to purchase a United States flag for each school room 35 to purchase or lease site for schoolhouse 33 to report at annual meeting 11 to sell schoolhouse or site 33 to visit and supervise school 44 who shall constitute it , 30 DISTRICT CLERK- compensation may be voted at annual meeting 26 length of term 29 liability for neglect to make annual report 142 may fill vacancy on school board 31 may subscribe for Journal of Education 149 of high school, to make report 127 of sub-district, duties of 185 of sub-district, shall be member of town board 186 of sub-district, shall have charge of school-house 185 of sub-district, to act as secretary of meetings 185 of sub-district, to give notice of annual meetings 187 of sub-district, to report to secretary of town board 186 shall have access to treasurer's books 47 to act as clerk at district meetings 48 to approve treasurer's bond 45 to be elected by ballot 18 to call special meetings 12 to certify to town clerk statement of taxes 96 to demand additional security from treasurer 46 to draw orders on district treasurer . . 48 to embody in notice of annual meeting question of change in textbooks 42 to enter minutes of meetings, etc 48 to file teacher's certificate of attendance on institute 71,72 to forfeit sum for drawing unauthorized order 143 to furnish school register , 49 to include moneys due new district in statement of tax made to town clerk 8 to include the name, age and sex of each person of school age residing in the district in annual report 86 to make record of orders drawn ,. 49 to make report to town, city or village clerk 86 to notify persons of election or appointment to office 29, 49 to post notice of annual meeting 11 to report amount of money received, sources from which and manner of expenditure 87 to report name and postofflce of district officers to town clerk. 48 tNDfi3t. 263 DISTRICT LIBRARY- page (See Public School Libraries.) fund, how obtained 114 of adjoining districts may be united 112 regulations concerning 113, 114 tax may be voted for 23 title to be vested in district 112 to be in charge of librarian 112 under township system . , 116 DISTRICT MEETINGS — annual, notice for, how given 11 annual, when held 11 first one, how notified 2 special, how called 12 to authorize board to borrow money 24 to authorize purchase of textbooks 25 to be called by town supervisors in certain cases 3 to determine whether school shall be taught by male or female teacher 25 to determine time school shall be taught 25 to direct sale of property 23 to vote tax for teachers' wages 22 DISTRICT OFFICERS — who shall be 29 DISTRICT PROPERTY — board to have care of 33, 178 how divided on division of district 8 sale of, authorized 23, 33, 180 DISTRICT TAXES — assessment and collection 95-97, 184, 188, 191 for providing free transportation of pupils 26 limit of, for all purposes 27 limit of, for apparatus 23 limit of, for building, hiring or purchasing schoolhouse ' 21 limit of, for district librai-y 23 limit of, for teachers' wages 22 to compensate the clerk 26 DISTRICT SCHOOLS — (See Common Schools.) establishment provided for 21 tuition; sectarian instruction 219 what studies shall be taught in 50 DISTRICT TREASURER- length of term 29, 45 neglect to file additional bond 46 of free high school to give bond 127 of free high school, to pay out moneys 1?0 264 INDEX. DISTRICT TREASURER— continued. page to apply certain tax to payment of debt 99 to be elected by ballot 18 to deliver books, papers and moneys to successor 47 to execute and file bond 45 to give additional security when demanded by director and clerk 46 to keep accounts 46 to pay money on order of clerk - 46 to prosecute for forfeitures in certain cases 143 to prosecute town ti'easurer 48 to receive and account for forfeitures 40 to receive high school aid 123, 124 to receive money from town treasurer 46 to report to annual meeting 47 when selected 18, 29 who may not be ' 46 DIVISION— of joint libraries 112 of property .....'. 8 of school districts 5, 7, 9 DOORS - to open outwardly 145 DUTY— neglect of 142, 144,147 of board of regents of normal schools 207 of board of regents of university 198 of census officer 40 of county superintendent 76-85 of county treasurer 194 of district clerk 48, 49, 86, 185 of district director 45 of district treasurer 45-48 of high school board 127 of officers to sue for forfeitures 39 of secretary of town board 181 of state superintendent 215-217 of sub-district clerk 185 of town clerk 92 of town treasurer ; 93, 185 EDUCATION- compulsory 39 constitutional provision in relation to 218,219 of children maintained at public charge 150 ELECTION— of officers of school districts 29 of state superintendent 214 INDEX. 265 ELECTORS OP A SCHOOL DISTRICT— page may direct purchase or sale of school-house site, etc 23 their powers at first or annual meeting 18-28 to assemble at first district meeting 2 ELIGIBILITY— to office of county superintendent 73 EMBEZZLEMENT— punishment for 47 what constitutes 47 EQUALIZATION OP TAXES— by town board of assessors 95 ESTABLISHMENT— of free high schools 122 of schoolhouse sites ^ 108-111 EXAMINATION- applicants for, shall pay fee 81 as principal of free high schools 63 fee, use of , 81 for county superintendents' certificates 84 for teachers' state certificates 64 in additional branches 54 meetings for, how notified, and when held 79 of free high school teachers 133 private, granted in certain cases 79 records of state 65 EXECUTION - when to issue 120 EXECUTIVE COMMITTEE - • of town board of directoi's, powers of 181 of town board of directors to employ teachers 181 to appoint clerk in case of vacancy 187 EXPENDITURE - of district board , how allowed 35 of members of town board of directors 178 traveling, of county superintendent 81 EXPULSION— of pupils 37 266 index:. FAILURE - PAGE of electors to vote sufficient money 3G, 184 to maintain school ] 92 to raise tax, forfeits school fund income 192 FARM INSTITUTE— bulletins of, to be distributed by the state superintendent 116 FEE — may be remitted to residents over twenty 24 for examination for certificates 81 for tuition of non-resident pupils 37 FINES. FORFEITURES, ETC.— action for recovery of, prosecuted by director 143 disposition of 40, 142 duty of officers to sue for 39 for countersigning such order 143 for destruction, injury or removal of state property 145 for distributing obscene books, etc 147, 148 for disturbing school 147 for drawing order for any purpose not authorized by law 143 for en tering state grounds 146 for failure to send child to school 39 for injury to timber 146 for neglect of duty by district officers 142 for neglect of duty or violation of law 142, 147 for neglect of officer to deliver records, papers, etc., to his suc- cessor 142,147 for neglect of teacher to keep register 72 for neglect, to apply to high school officers 127 for neglect to prosecute for forfeitures 143 ~ for official malfeasance 146 for refusal of district officer to serve 143 for refusal of school officers to act in case of assessment • 95 for refusal of town supervisors to carr}' into effect any decision of state supermtendent 143 for refusal to act as chairman of district meeting 142 for refusal to notify first meeting in new district 142 for school officers and teachers acting as book agents 143 for school officers ordering change in text-books within three years of adoption 44 in relation to library 112 of county superintendent for neglect to make annual report. . 142 of county superintendent for teaching, etc 80 of district clerk for neglect to make annual report .'. 142 of officials for failure to provide fire-escapes, etc . . 145 of town clerk for neglect to make annual report 142 prosecution for, by voters 144 FIRE ESCAPES 145 Index. 26? FLAGS- PAGE purchase of 35 FORMATION— of free high school districts 122 of joint districts 3 of school districts 2 of township districts 177 FORMS — to be furnished officer 91 of affidavits in appeal cases 139 of notice of appeal by teacher 140 of order organizing new district 220 of order organizing joint district 222 of notice for first meeting by town supervisors 220 of notice for first meeting to be left at residence of voter.... 221 of return of notice for first meeting 221 of notice by supervisors for meeting when there is no officer to call one 222 of acceptance of district office 223 of notice of meeting to alter district boundaries 223 of order altering district boundaries 223 of consent to order of alteration 224 of awarding property to new district 224 of notice for annual meeting 225 of notice for adjourned district meeting 225 of request for special district meeting 225 of notice of special district meeting 226 of notice to officers of election 227 of refusal to accept district office 327 of refusal to accept office on appointment 228 of appointment to vacancy in district board 228 of deed of schoolhouse site 229 of lease of schoolhouse site 230 of contract between district and teacher 230 of bond of district treasurer 231 of call on treasurer for additional security 232 of order on treasurer 232 of school register to be kept by teacher 233-236 of notice of apportionment by town clerk 237 of certificate of town treasurer to town clerk • 237 of report of names and postoffice addresses of district clerks . . 238 of statement by district clerk of tax voted 239 of statement by district clerks of tax voted by joint district. . 240 of determination of relative proportion of taxes in joint dis- trict 238 of application for establishment of schoolhouse site. 240 of certificate that notice of meeting to establish site has been given 241 of notice for meeting of supervisors to locate schoolhouse site 241 of certificate of establishment of schoolhouse site 241 of certificate of vacancy in county superintendent's office 242 of notice of division of county, and consequent vacancy 242 of statement of number of school children in the county 243 of notice of intention to annul teacher's certificate 243 268 iNE)E3C. FORMS— Continued. page of annulment of teacher's certificate and notice to town clerk 244 of application for dictionary 245-2i7 of resolution proposing establishment of high school 218 of notice that the foregoing resolution will be submitted to vote ; 218 of certificate to state superintendent of establishment of free high schools 249 of petition for submitting question of town system of schools 250 of notice that the foregoing question will be submitted 25U when town clerk appoints 228 FREE HIGH SCHOOL - board to determine amount of tax 130 clerk to report to state superintendent on manual training. . .131, 135 course of study; qualification for admission to 57, 128, 133 diploma may be countersigned 57 district may borrow money 100, 131 district, officers of 125 examination for establishment of 122 examination of teachers of 133 failing to receive aid 131 free to all resident pupils 128 how established 1 22 inspector provided for 214 in towns, aid to 121, 124, 131 joint district provided for 122 limited state certificate, nor elementary normal school certifi- cate shall qualify as principal of 66 manual training in 1.34 may establish manual training department 134 principal, elected city superintendent, shall be examined by state superintendent 61 qualifications of principals and assistants 128 report blanks to be furnished by state superintendent 131 residents of other districts may attend 128, 129 state aid for manual training department 134-136 state aid to, limited 123, 131, 132 state aid to, may be withheld 131 supervision of, by state superintendent 133 theory and art to be taught 133 to report to state superintendent 131 FREE PUBLIC LECTURES- in cities 159, 160 FREE TEXTBOOKS- question of providing, shall be submitted 27 INDEX. 269 PAGE GENERAL CHARTER LAW , 172-176 GOVERNMENT OF SCHOOLS- rulea and regulations for, to be made by district board 37 township system of, provided for 177-191 H HIGH SCHOOL - (See Free High School.) 122-136 HOLIDAYS— counted in teacher's time 89 legal, shall not be counted 71 what days are legal 89 I INCOME OF SCHOOL FUND- to what shall be applied 218 how to be distributed , 192-196, 219 when to be apportioned 192 to be applied by districts to payment of teachers' wages 194 county treasurer to apply for 194 INDEBTEDNESS- loan may be voted to refund 99 of district, to be reported by district clerk 87 INFANT— land of, how obtained for school-house site 110 INSPECTION— PAGE of cadets, report of officer. 153 of cadets, suspension from 154 of county training schools 158 of common schools . 77, 215 • of schools for the deaf 161 of state graded schools 60 of schools of agriculture 156 of free high schools 133, 214 of manual training departments in free high schools 134 270 INDEX. INSPECTORS- PAGE free high school 214 school for the deaf 161 state school • 60 INSTITUTES- PAGE attendance on, by teacher without deduction from wages 71 fund, county, what shall constitute 81 instructors must hold certificates from state superintendent. . 82 instructors, who may not be employed 83 teachers', to be held by each county superintendent 78 INSURANCE - of school property 44 INVENTORY— shall be deposited with clerk 33 INVESTMENT— of school funds 1^1 95 JOINT DISTRICT— assessments in formation and alteration of 3, 7 may establish free high schools 122 may make loan 106 sub, board of directors to determine cost of schools . .■ 187 sub, clerk of, to be member of board of directors 187 sub, in which one town has not adopted township system 188 subi schools in, how supported 187 sub, taxes for, how raised 188 sub, who to have control of 187 proceedings by, in regard to school-house site 110 JOURNAL OF EDUCATION- school officers may subscribe for 149 JUDGMENT— against school districts, how collected i^^ Jig execution to issue on ..,..,,.,,.,..,.,,..,..,,.,,,,. 120 INDEX. 271 K KINDERGARTEN - page diploma from normal school certificate to teach may be countersigned 68 may be established in cities of third or fourth class 28 may be esttiblished in districts having graded schools 27 may be provided in primary grades 50, 173 teachers, legal qualifications of 68-70 LABOR- child, law 41 day 151 LEASE— district board may lease house or site 33 of land of infant for school-house site , 110 LIABILITY- for expenses incurred in use of school-house 33, 34 for injury to school-house 33, 34 for loans ' 106 for payment of loan under township system 191 of county for public charge 150 of county superintendent, for failure to make annual report. 142 of district clerk, for failure to make annual report 142 of town clerk, for failure to make annual report '. . . 142 tax to discharge 23 to removal of office for acting as agent .....'. 143 LIBRARIAN— duties of 116 of district library, who may be ; 112, 116 of joint libraries, how appointed 112 under township system 116 LIBRARY— * (See Public School Library.) dictionary shall belong to 150 fund, how obtained 114, 115 in incorporated villages and cities of the fourth class 115 law may be suspended in certain cases 115 of two or more districts may be united 112 regulations for 113, 114 tax for, limited 23 title to be vested in district ..,,.,, 113 272 ' INDEX. LIMIT— PAGE to amount of loan 101 to school-district taxes 21,22,23,26,27 LOAN— application for, from trust funds, how authorized 102-106 district may make, on unusual exigcency 98 district may make, to build scbool-house 98 for normal school fund 212 for university fund 203, 204 liability for 106 payment of, under township system 191 tax levied to pay 106 to joint districts '. 106 to refund indebtedness 99 to school districts, limited, how paid 101 to schools under township system 102, 103 when voted, may not be reconsidered 99 M MALPEASANCE- oflHcial, what is 146 MANUAL TRAINING— departments, state aid for 134, 135 in free high schools 134-136 outline of work required 135-136 teachers in, to receive certificate froai state superintendent. . . 134 MAP— purchase of 23, 35 railroad, to be distributed by state superintendent 152 secretary of town board to make, and keep in his office 181 to accompany appeals ... 138 town clerk to make and keep in his office 92 MEETINGS- annual, when to be held 11 formal notice of, when unnecessary 30 to make provision for prosecution of suit 26 to modify proceedings 27 notice of annual 11 notice of annual sub-district 187 to authorize board to borrow money 24, 98, 99, 100 to authorize sale of school-house, etc 23 of district board, how called 30 to impose tax to discharge debt 23 of sub-district, when and where held 185 of town boards in high schools districts • 125 to admit non-residents and fix tuition fee 24 to authorize purchase of text-books, etc 25 to deter mine length of term, etc 25 to authorize board to suspend school 26 INDEX. 2Y3 MEETINGS-continued. pagw, of sub district electors, notice of, how given ]87 of town board of directors I'^S powers of sub-district 185 report to annual H school district, powers of , 18-28 school district, to adjourn 18 school district, to appoint chairman, etc 18 school district, to choose director, treasurer, etc ' 18 special 32 to designate site for school-house 21 to vote compensation to district clerk 26 to vote on free textbooks 27 to vote tax for site 21 to vote tax for teachers' wages 2*2 to vote tax for maps, etc 2-^ to vote tax for district library 23 to vote tax for tuition and transportation of pupils 26 to vote to establish kindergarten 28 MILITARY INSTRUCTION 201, 153 MISCELLANEOUS LAWS- without penalties 149-176 with penalties 142-148 MONEYS- apportioned ty town clerk, not paid out If*-^ borrowed, use of 93 collected from town clerk and county superintendent, how apportioned 1^2 collected of defaulting treasurer, how applied 45 collected on forfeitures, how applied 113 collection and application of 8 district may authorize board to borrow 24, 98, 99, 100 due new district, how raised 8 may be voted by school districts 21-25 not to be apportioned to towns failing to raise amount re- quired by law 192 not to be apportioned to districts which have not maintained school for seven months 192 of dissolved districts, how disposed of _ 10 paid to county superintendent for examination fee 81 to be paid to individuals in certain cases 8 MONTH— school, what shall constitute 71, 195 MORTGAGE— on school property, may be given as security 18 274 INDEX. N NEGLECT- PAGE of duty' 142,144,147 to keep school 10 NON-RESIDENT— pupils admitted ^4 tuition fee 24 NORMAL SCHOOLS- aceounts, how made 209 additional; alteration of buildings, etc 208 board of regents, how composed 206 board of visitors ' 211 diplomas and certificates 211 diplomas and certificates may be countersigned 66 donations, collection and application of 209 final standings may be accepted by county superintendent. . . 62 graduates entitled to certificates 70 income - 213 kindergarten diplomas certificates to teach and may be coun- tersigned 68 laws respecting 206-213 may purchase dictionaries from state superintendent 149 model schools 210 objects of 210 state tax: loans 212 teachers' institutes, how held; appropriation for 212 NOTICE- for meeting of supervisors to alter school districts 5 for meeting of supervisors to establish school house-site 108 for teachers' examination 79 in case of neglect of inhabitants to assemble 3 of alteration of joint school school-district 3 of alteration of school district 5 of annual meeting 11 of annual sub-district meeting 187 of appeal to circuit court. 109 of apportionment of school fund income 193 of election to offices 29 of first meeting of district 2,3 of special meeting to include object 12, 102 to vote on township system 190 to owners of proposed school-house site 108 INDEX. 275 o OATH— PAGE adrainistei-ed to challenged voter 16-18 of office, state superintendent 21i OBSCENE BOOKS— penalty for distribution etc 147, 148 OPFICERS- census, duty of 40 duties of free high school , 127 must be elected by ballot 18 of free high school districts 125 of school districts 29 of school districts not to act as agents, etc 143 public, refusal of, to deliver moneys, records, etc., to suc's'r 147 to sue for forfeitures 39, 143 truant, duty of 40 truants, to be appointed 40 women may be 150, 176 ORDERS— clerk to draw 48 director to countersign 45 drawn in favor of teachers 49 dling of 6 secretary of town board to draw 182 treasurer to pay money on 46 when in effect 6 ORGANIZATION— of a school district 4 of free high schools 122, 126 PAYMENT— of loans under township system 191 PARENTS, GUARDIANS, ETC.— required to send children to school 39 PENALTIES- (See "Fines and Forfeitures.") PHYSICAL EDUCATION 151 276 i ' INDEX. PHYSIOLOGY AND HYGIENE - page provision shall be made for instruction in 50 textbooks in, to be approved 50 POWERS — corporate, of a district 4, 33 of a district meeting 18-28 of a school board 29-41 of a special meeting 12 of sub-district meeting 185 PROCEEDINGS — by joint districts in regard to school-house site 110 irregularities in, in attempt to establish township system 191 may be altered or modified 27 PROPERTY — division of 8 of a district, to be in care of board 33 of dissolved district 10 personal, taxable for school purposes 95 PROSECUTION — of action in which district may be interested 26 of town treasurer for recovery of money 48, 93 by voter, of action for forfeiture 144 PUBLIC SCHO9L— state, admission of deformed children . . , 152 textbooks, shall not inculcate sectarian ideas 43 to be maintained at least seven months 192 PUBLIC SCHOOL LIBRARIES- ad joining districts may unite 1 12 books to be distributed among school districts 115 books to be purchased annually by town clerk 115 dictionary to belong to 150 farm institute bulletins 116 librarian, who shall be 112, 116 money shall be withheld from school fund income in each town to purchase 114 regulations concerning 113-114 PUPILS— expulsion of 37 transportation of 26-180 QUALIFICATIONS— of kindergarten teachers 68-70 of teachers 52-72 of voters 13-16 INDEX. ■ : ' 277 R RAILROAD MAPS— page to be distributed to schools 152 REAL ESTATE— . district may hold , 4 taxes on, how assessed aud collected 96 valuation of - 95 RECORDS- lost, restoration of 5 of school district, to be kept by clerk 48 RE-EXAMINATION— of applicants refused certificates by county superintendents. . 55 REFUSAL - of certificate by county superintendent 55 of public officer to deliver moneys, records, etc., to successor. 117 of school district office, in writing 29,31 of town board to carry into eff'ect decision of state superin- tendent 143 REGISTER— neglect to keep, forfeits wages 72 to be furnished teacher by district clerk or secretary. . . , 49,183 what to contain, etc 72, 233-236 REGULATIONS AND RULES— district board to make 37 prescribed by state superintendent for libraries 118, 119 relating to appeals 138-141 REMOVAL- of county superintendent 144 of district otticers for neglect of du ty 142 REPAIRS OP SCHOOL HOUSES— county superintendent to direct 77 district board to attend to 33 tax to be voted for 21 RE PORTS - blanks for, to be furnished by state superintendent 91 of board of visitors to normal schools 211 of city superintendent or clerk 90 of clerk of joint district 88 278 INDEX. , ; ■' REPORTS-Continued. page of county superintendent. 82,90 of district clerk 86, 87 of district treasurer 46 of free high school 127, 131 of incorporated academies 152 of inspecting officer, cadets ; 153 of secretary of town board to county superintendent 183 of state superintendent 216 of town clerk 89, 92 of regents of normal schools. 213 of regents of state university 199 of secretary to board of supervisors 182 of state graded schools 60 of sub-district clerk to secretary of town board 186 of teacher to the board, etc 72 to state super n endent on instruction of deaf mutes 160 RESIDENCE- of children 87-89 of county superintendent 81 of voter, how determined 13-18 RESIDENr— who shall be deemed , 150 RULES - may be made by district board 37 respecting appeals 138-141 RESTORATION- of lost records 5 REVOCATION— of state certificates 65, 67, 84 s SALARY — of county superintendent 74-7 of district clerk provided for 26 of secretary town board of school directors 179 of members of executive committee, township^syetem 179 of state superintendent ' 218 SALE — of school property 10, 23, 33, 180 SCHOLARS- . PAGE aye of, to attend school free .' 219 may Vje admitted from other districts 2i, 128 may be susp 3nded or expelled 37 residence ot 21, 86-89 SCHOOL — attendance at, compulsory 39 for the blind ^3 for the deaf 83, 160 for crippled children 15'^ of agriculture and domestic economy 154-157 county training for teachers 157-159 neglect to keep 10 SCHOOL BOARD— duty of, to appoint truant officers '^0 in cities of the first class 162-172 may admit pupils free of tuition _ 38 may arrange with adjoining districts for instruction of pupils. 26 may expel pupils • 37 may purchase books and stationery 35 may purchase maps, charts, etc 35 may purchase school books in certain cases 35 may suspend pupils 37 may suspend school 26 of city may invest school funds 151 to approve purchases -^5 to contract with teachers 36 to determine sum necessary to be raised 36 to determine time school shall be taught 25 to determine what textbooks shall be used 42 to have care of school-house 33 to keep account of expenses 35 to keep school-house in repair 1'''3 to fix compensation for truant officers ^^ to make application for loan 101 to make rules and regulations regarding loan of textbooks ... 25 to make rules for government of schools 37 to provide necessary appendages for schoolhou.se 33, 34 to purchase flag ' 35 to visit and supervise schools 44 SCHOOL BOOKS— annual meeting must vote on free textbooks 27 boards in cities may purchase 43 city and village boards of education may adopt 42,4.3 district board may purchase for indigent pupils 35 district board shall determine what shall be used 42 districts may authorize board to purchase 25 state superintendent to recommend 215 who not to deal in 143 SCHOOL CENSUS - relating to 86, 87, 90, 183, 186 280 INDEX. , , , SCHOOL DISTRICTS- page accounts may be examined 19-20 alteration of 2, 5 altei-ation of, in town or village 9 alteration of, not tu take effect for three months, in certain cases 6 boundaries not to be changed under certain conditions 106 contracts with 4 corporate powers of 4 extinguishment of 6 formation and alteration of, under township system 177 how formed 1-4 joint, how formed 3 judgment against, how collected 120 loan limited; how paid 101 may authorize district board to borrow money 24, 98-100 may have board of seven members 19 may receive state aid for graded schools 57, 62 meetings, annual, when to be held 11 name 4 notice for first meeting of 2, 3 notice for annual meeting of, how given * 11 notice for special meeting 12 notice, meeting of board 30 not to be altered so as to leave indebtedness exceeding five per centum valuation 1 not to be changed between first day of December and first day of April following 6 officers of, to file written acceptance of office 4 officers of 29, 33 powers of 18-28 property of, dissolved 10 qualification of voters in ' 13-18 size of 1 to consist of contiguous territory 1 under township system, what shall constitute 177 when to be considered organized 4 SCHOOL FUNDS— investment of 151 what is; interest of, how applied 218 SCHOOL FUND INCOME - apportionment of, by state superintendent 192, 196 how distributed 192-196, 219 may be withheld . .' ' 192 to be used in payment of teachers' wages . .' .' . . .' . . . .' . . .'.' 36,49, 193, 219 SCHOOL-HOUSE- board shall have care of 33 compt ns ition to be made for site of .' . * .' .' .' . . . ' .' . .' . .' J08 district board to provide appendages for 33 kept in repair 33 may be declared unfit for use 78 may be sold .'."..'.''!.'.'.' 'i6,'23, 33, 180 INDEX. 2S1 SCHOOL HOUSE-Continued. page purchase of 33 repairs on, may be ordered by county superintendent 78 site of, how designated and established 21, 108, 111 site of, quantity of land 110 tax to build, how limited 21,27 town board of directors, shall have care of 178 use of 33 SECRETARY — and superintendent in cities 173 SECRETARY OF TOWN BOARD — to assist in regard to libraries 116 to be free high school clerk 126 to certify to town clerk estimate of expenses 184 to certify record of changes in sub-districts to clerk 181 to draw orders on town treasurers 182, 188 to furnish school registers 183 to have supervision of schools 182 to make itemized estimate of amount necessary for support of schools 182 to make map of town 18 1 to report to county superintendent , . 183 to report to board of supervisors 182 SECTARIAN INSTRUCTION — textbooks, inculcating, not to be used 43 prohibited 219 SITE OP SCHOOL HOUSE — buildings, etc., provided for 180 compensation to be made for 108 how established 21,108-111 infant's land, how obtained 110 p urchase or lease of ;-!3 quantity of land 110 tax for 2 L to revert to original owner 110 SCHOOL FUND - distribution of income of 192-196,219 how formed 218 tax for 195 SCHOOL MONTH.S — what shall constitute 71, 195 SCHOOL REGISTER- teacher shal 1 keep 72 to be furnished by clerk or secretary and kept by teacher 49, 183 what to contain, etc 72, 233-236 28^ ' iNiDB:5t. SPECIAL DISTRICT MEETING- pac4E notice for 12 powers of 12 SPECIAL LICENSES— may be granted on diplomas from accredited institutions 66 may be granted on diplomas from university of Wisconsin and ^ Wisconsin normal schools 70 STANDARD— of attainments of teachers 54 STATE BOARD OF HEALTH— to join with state superintendent in approval of textbooks in physiology and hygiene 50 STATE CERTIPICATES- branches required for 64 diplomas of graduates of Milwaukee high-school when coun- tersigned, become 67 diplomas of graduates of state normal schools and state uni- versity, when countersigned, become. . 66 foreign, may be countersigned 66, 70 limited 65 may be granted to holders of diplomas from accredited institu- tions . 66, 70 provided for 63, 71 record of, to be made by state superintendent 64 revocation of 65, 67 STATE GRADED SCHOOLS— application for aid, amount of 59 apportionment of aid to 58 tiverage daily attendance required 58 classes of 58 course of study, reports. 60 equipment required 59 inspectors for, how appoited, da tie:! 60 length of school year 58 number of such schools limited, cities excluded 6L qualification of teachers in 58 STATE INSTITUTIONS - may purchase dictionaries from state superintendent 149 STATE SUPERINTENDENT— and assistants, shall not act as agents, etc 143 assistants, clerks, etc 214 authorized to countersign diplomas from state universit}' and normal schools 66 duties of 215-217 how chosen, powers and compensation 218 may countersign certificates granted by other states 66 ' ' ' : I tNbiEX. 28^ STATE SUPERINTENDENT— Continued. page may countersign diplomas from Milwaukee high school 67 may countersign diplomas from normal school kindergarten departments 68 may examine principals of high schools, who shall be elected city superintendent 63 may grant special licenses on recommendation of state board. 66 may issue certificates on re-examination 55 may purchase dictionaries •.•;•• ^^ may require statement of whole number of children residing in any district 86, 87 may revoke state certificate 65, 67 not to apportion money in certain cases i^" office provided for '^^' term and oath • • • • 214 \o advise with county superintendents a^ to standard of at- tainments for county 54. to appoint agents to conduct institutes 212 to appoint board of examiners 63 to appoint county superintendent in certain cases 74 to appoint inspector of schools for deaf 161 to apportion aid to free high schools 123, 131 to apportion the school fund income 216 to approve maps, charts and school apparatus •^'^ to approve qualification of teachers of deaf mutes 160 to approve textbooks in physiology and hygiene 50 to approve the qualifications of principals and assistants of high schools 128 to certify aid to training schools for teachers 159 to certify aid to schools of agriculture and domestic economy. 157 to certify aid to deaf schools ,, 160 to certify apportionment of school fund income to secretary of state 1^3 to certify manual training departments to secretary of state. . 134 to certify to expenses of board of examiners 65 to collect books and school apparatus 216 to decide appeals 1^'' 21o to designate counties in which teachers' institutes shall be held 212 to distribute railroad maps • • ^"^-^ to establish standard of qualifications for and grant certifi- cates to teachers in manual training departments 134 to furnish amendments to laws ^1 to furnish blanks for reports of free high schools l-^^ to furnish copies of records • '^l" to furnish county superintendent certificate of attendance on convention ^5 to furnish library record books ^|^ to furnish officers with blanks for annual reports Jl, ^io to give information and assistance to manual training depart- ments r V ' ' k'l iqq to give notice of apportionment to county clerk and treasurer lyj to hold two conventions of county superintendents each year. ^tb to inspect schools ■ • ; ; • .. to issue certificates to graduates of University of Wisconsin and Wisconsin normal schools ^'^ to issue circulars and bulletins of information -^^ to issue county superintendents' certificates o| to make record of state certificates "* 234 INDEX. STATE SUPERINTENDENT-Continued. page to make rules for the government of institutes .... 212 to notify school officers of neglect to make report 193 to pay to state treasurer money received from sale of diction- aries 150 to prepare and furnish list of books 115 to prepare and furnish courses of study 215 to prepare a report to the governor 216 to prepare a course of study for free high schools 133 to prescribe rules for libraries 215 to prescribe rules for state examinations 63 with state examiners may determine additional branches for unlimited state certificates 64 to print, index and distribute laws relating to schools 215 to prohibit use of sectarian books 2 15 to recommend textbooks 215 to render account of dictionaries sold in report to governor.. . 150 to secure uniformity of text-books 215 to supply farm institute bulletins to public libraries 116 to suspend library law 115 STATIONERY — purchase of — 35 STUDIES — in which applicants for certificates are to be examined 52,53,64 in which principals of free high schools are examined 128 physiology and hygiene 50 what shall be taught in district schools 50 SUB DISTRICT- appointment of clerk 187 establishment of schools in ISO formation and alteration of 177 joint, who to have control of 187 meeting, when and where held , 185 what shall constitute 177 SUB-DISTRICT CLERK — appointment of 187 duties of 185 to act as secretary of meetings 187 . to be a member of town board 186 to certify sum necessary for payment of indebtedness 191 to give notice of annual meeting 187 to have charge of school house 185 to report to secretary of town board 186 SUIT — against district, director to defend 45 district to give direction for prosecution or defense of 26 SUMMER SCHOOL— of science 205 INDEX. 285 SUPERINTENDENT— page of cities 62, 173 (For powers and duties generally, see County Superintend- ent.) SUPERVISORS - (See Town Board of Supervisors and County Board of Su- pervisors ) TAXES - annual school 219 apportionment of, under townshijj system, for buildings, etc.. assessment of district 95 collection of, in joint districts where one town is not under township system 188 deficiency in 36, 181, 192 district clerk to deliver statement of, to town clerk 96 for expense of transportation of pupils 26 for free high schools 130 for furnishing free textbooks 27 for instruction of pupils in another district 26 for library, limited 23 for normal schools ^ 212 for payment of teachers' wages 22 for purchase of apparatus 23 for school-house and site, limitation of 21,22 for university 203 limitation on 22, 23 not to be voted at special meeting unless three fourths of legal voters are notified of the meeting 12 school district, on what property to be assessed 95 school fund, apportionment 195 special, in cities of third and fourth classes. (See borrowing p!~^ money) 101 to be apportioned by town clerk 184 to be assessed by town clerk 96 to be raised by towns and cities for support of schools 192 to discharge debts 23,99,106 to pay judgment against district, how assessed and collected. 120 to raise money due new districts, how assessed; 8 validity of, under irregular proceedings 191 TEACHERS— certificates may be annulled , 63 contract to be in writing 181 of state graded schools, qualifications 58 lax for wages of, limited 22 to be examined and licensed 52-71 to forfeit wages for neglect to keep register 72 to keep register 72 to report to district board and county superintendent 72 wages to be paid from school fund income 4.9 286 INDEX. TEACHERS' INSTITUTES- page appropriation for 212 how held aod conducted 212 teachers may be allowed to attend 71 to be held by county superintendent 78 TERMS - of school, may be fixed by vote of district 25 TEXT-BOOKS- adoption of, in cities 43 choice and change of 43 in physiology and hygiene, -approved by state superintendent and board of health 50 list of, adopted, not to be changed for three years 42, 43 majority vote necessary to change 42, penalty for changing the list of, adopted 44 purchased by boards in cities, on what conditions 43 purchase of, authorized 25 shall not inculcate -sectarian ideas 43 state superintendent to recommend introduction of approved 215 to be loaned pupils 25 to make list of, tile with the clerk, and post in the school-house 42 TOWN BOARD OF DIRECTORS — compensation of secretary 179 executive committee, how constituted 181 may arrange for transportation of pupils 180 may provide schoolsites, buildings, etc 180 may repair school property 180 may sell school-house and site when no longer needed 180 mpetings, when and where held, notice of 178 officers of 178 powers of 177, 181 secretary's duties 181 secretary or president of, to call special meeting? 178 shall have care of school-house 178 to determine amount of money necessary for support of schools 180 to have powers of district boards «. 381 to make rules and regulations for schools 180 to establish, paaintain and supervise schools 180 what shall constitute 177 TOWN BOARD OF SUPERVISORS- to allow certain amount to district for each public charge. . . 150 to call meeting in district having no officers to call same 3 to consolidate districts 1 to determine amount of prope'rty due new district 8 to dispose of property of dissolved district 10 to establish school-^housesite 108 to forfeit sum for neglect or refusal to carry into effect deci- sion of state superintendent 143 to form and alter school districts 1 to give notice of alteration 5, 6 to give notice to owners of proposed school-house site 108 INDEX. 287 TOWN BOARD OF SUPERVISORS-Continued. pack to issue notice foi' first district meeting 2 to make order 2 to meet to form districts 3 to present estimates at town meeting 183 TOWN CLERK— certificate of appeal to be filed with 121 compensation for time devoted to library worl^ il5 liable to removal for refusal to carry into effect decision of state superintendent 143 liability for neglect to make annual report 142 may subscribe for Journal of Education 149 to apportion free high school tax 130 to apportion school moneys 92, 194 to apportion sums voted 184 to assess amount of judgment against district 120 . to assess taxes 96 to expend library fund 114, 115 to file reports and papers 92 to fill vacancy in district board 31 to include in taxes sum certified by secretary of town board. . 36, 184 to keep record of books 114, 115 to make a map of town 92 to make records concerning school districts 92 to post notice of vote on township system 190 to re-apportion money not called for in a year 195 to report name and address of himself and district clerks to county superintendent 92 to report to county sujjerintendent 89, 92 to see that district clerks make correct reports 92 TOWNSHIP LIBRARY 114, 119 TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT — cannot be abolished for two years 190 cities and villages exempt from operation 189 compensation of secretary of board 179 electors of incorporated villages may vote on 190 free high school board, who shall constitute 12G irregularities in proceedings 19 L loans to schools under 102 may be voted on 1 90 meetings of town board of directors 1'78 members of executive committee 1''9 order to abolish ^ 190 of school government 177-191 who shall be librarian under 116 TOWN TREASURER - prosecution of, by district treasurer '. 48 to apportion moneys received through liability of school officers 142 to be high school treasurer under township system 126 to certify amount paid by him to districts previous year 93 to certify to town clerk amount of school money in his hands. . 93 to pay money on order of president or secretary of town board 181 to prosecute county treasurer 93 to receive and pay out school money ; . . 92, 102, 185 to withhold money for library 114 288 ' INDEX. TRANSFER — page of deficiency in county school tax 192 TRANS PORT ATION — of pupils 26, 189 tax to cover expense of 26 TRUANT— otBcers, compensation for 40 TRUST FUNDS - loans may be made from 98, 99, 100, 101, 102, 103, 106 TUITION- fee for non resident pupils 24 provided for in certain cases 26 in district schools 219 in free high-school, how paid in certain cases 128, 130 in normal schools 211 in university 201 i u UNIVERSITY— board of regents; how composed 197 diploma may be countersigned 66, 201 funds for support of 202 graduates entitled to certificates 70 income, use of 199 laws in relation to 197-205 may purchase dictionaries from state superintendent 149 military instruction 201 object and departments . 200 establishment of 197 open to both sexes , 201 powers of board; officers 197 president of 200 summer school of science 205 tax for, and appropriation of part; loans '203 the observatory 205 tuition 201 other colleges may be added 199 V VACANCY— in office of town board of directors 179 on school board, how filled 31 what may cause 31, 33 VALUATION— of property in joint districts, to be equalized by town assessors 95 of realty 95 of district property, how determined 8 of district property when change is made to township system. 188, 189 INDEX. 289 VIOLATION— PAGE of law by public officer Ii7 (See Penalties) 142-148 VISITING SCHOOLS- required of school officers.. 44,77,133,134,182,215 by high school inspector 214 by deaf school inspector 161 by state school inspectors , 60 VOTERS— may prosecute action for recovery of forfeiture 144 may vote on township system 190 separate ballot boxes for 15 to reside in district thirty days 13 who may be 13-18 w WAGES OF TEACHERS— public money to be applied in payment of 49, 194 tax voted to pay 22 to be specified in contract 36 when forfeited 72 WEBSTER'S DICTIONARY— forms of application for 245, 247 how distributed 149 state superintendent may purchase 149 WOMEN— eligible as school officers 150, 176 may vote 1^ 19