Glass Book - j/f

n >j lAY i.ai9l9 TABLE OF CONTENTS. Page I. Formation, Alteration, Meetings and Powers of Dis- tricts 1-34 11. District Officers 35-70 III. Certificates and. Examinations 71-91 IV. Tlie County and the City Superintendent 92-107 V. Reports 108-113 VI. Duties of Town, Village and City Officers as to Public Instruction 114-116 VII. Assessment and Collection of District Taxes 117-120 VIII. Borrowing Money 121-130 IX. Schoolhouse Sites 131-134 X. Libraries 135-142 XL Collection of Judgments Against School Districts 143-144 XII. Free High Schools 145-164 XIII. Union Free High Schools 165-171 XIV. State Graded Schools 172-176 XV. Rural Schools 177-179 XVI. Township System of School Government 180-195 XVII. County Training Schools for Teachers 196-201 XVIII. County Schools of Agriculture and Domestic Science. . 202-205 XIX. Day Schools for the Deaf and for the Blind 206-208 XX. Trade Schools 209-212 XXI. State Mining Schools 213-216 XXII. State Normal Schools 217-224 XXIII. Of the University 225-233 XXIV. Public Schools in Cities 234-246 XXV. Teachers' Retirement Fund 247-250 XXVI. General Charter La^yv Dividing Cities into Classes and Providing for their Incorporation and Government. 251-259 XXVII. Appeals 260-264 XXVIII. Miscellaneous Laws 265-293 XXIX. Constitutional Provisions 294-295 XXX. Of the Distribution of the School Fund Income 296-301 XXXI. The State Superintendent 302-306 XXXII. Forms 307-344 XXXIII. Index 345 TO SCHOOL OFFICERS. This volume is public property, and belongs to the common school district, the high school district, the township 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 consultation by the voters. The volume which comes to each town 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 property 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 READEE. 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 1907 and 1909, 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. No material changes of comments to be found in former editions have been made, except when made necessary by changes in the law, recent decisions of the court, or correspondence has shown that some comment or statute is not clearly understood. An ef£ort 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. SCHOOL LAWS OF WISCONS (Chapter 27, Wisconsin Statutes.) L— FOEMATION, ALTEKATION, MEETINGS, AND POWERS OF DISTRICTS. FORMATION AND ALTERATION OF DISTRICTS. Authority of town board. Sec-tion 412. The town board shall have power to alter or unite existing and to form new dis- tricts. The territory of a district shall be contiguous and em- brace not more than thirty-six square miles. If a district con- tract debt it shall not be so altered by taking its territory as to leave such debt exceeding five per cent, of the last assessed valuation of the taxaible property remaining. The local authority for determining school district boundaries and creating new districts is vested in town boards of supervisors. They may act in the formation of school districts and alteration of district boundaries on their own motion and without waiting for any petition. There must be no failure on the part of the town officers to have the notices served as required by section 418, and a "return" to the effect that the notices have been properly served, etc., must be filed in the office of the town clerk of each town in any way interested. The above section provides that a school district shall not exceed thirty-six square miles in area. No limit below thirty-six square miles is fixed for the area of any district. The supervisors niay exercise their discretion in determining the number of districts necessary to meet the local conditions and needs of the various communities in the town. Under this section all school districts of any town not exceed- ing thirty-six miles in area may be consolidated or united by the board of supervisors upon its owai motion into one school district when in the judgment of the supervisors such action is deemed to serve the best school interests of the town. When a town comprises but one school district a sufficient number of school houses, properly 2 SCHOOL LAW'S OF WISCONSIN. located may be provided by the electors of that school district at any annual or special meeting, to meet the demands of the school popu- lation. Districts should be as compact in form as the natural feat- ures of the country will permit and should embrace sufficient wealth to enable them to maintain sufficient schools without burdensome tax- ation, and school population sufficient to elicit the best efforts of the teacher and give continued zest to the school. Section 263, Revised Statutes, provides that no district which is in- debted to the trust funds of the state can be altered by taking there- from any land included therein at the time of obtaining such loan without obtaining the consent of the land commissioners of the state, and only upon such terms as they shall prescribe, until such loan is fully paid. How altered, formed, etc. ; notice of first meeting. Sec- tion 413 (as amended by Chapter 268, Laws of 1905). The town board shall make a written order describing the terri- tory affected by the alteration, union or formation of districts and file the same, within twenty days, with 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 all of the qualified voters of the district, either person- ally 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 notified and said notice and return shall be recorded as a part of the record of the first meeting in such district. Provided that an unintentional omis- sion to so notify not to exceed one-sixth of said voters shall not invalidate said notice. 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 and fol- lowing 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. See Form No. 1. This section provides for the formation of districts or the union of districts, and the order may take effect immediately. See section 419. The notice for which this section provides should be read in the hear- ing of each voter. Where this is impracticable 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 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 FORMATION AND ALTERATION OF DISTRICTS. 3 their returns all acts clone 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 pro- duced at the first meeting, and filed with the records of the district. See Form No. 4. Another method of giving notice. Section 414. If sucli 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 procedure. Formation of joint districts. Section 415. If a district is to be formed from adjoining toM'ns the boards of such towns shall meet, act together and make their joint written order de- scribing the territory embraced in such district, signed by at least two of the supervisors of each town, 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 or section 419a. Districts become joint by the division of a town without other action. See Form 6. Ordinary districts may become joint districts l)y 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 formea, altered, or dissolved only by the joint action of the supervisors of all the towns or municipalities interested, and an order effecting any of ihese changes must be signed by a majority of each board. When a school district lies partly in a city or an incorporated village and the adjoining town, such district is joint and the boundaries thereof can only be altered by the joint action of the city council or the village board of trustees and the town board of supervisors. See section 422 for definition of joint school district. See also section 419a. Notice for the first meeting of a joint district must also be signed by a majority of the supervisors, village trustees or city council as the case may be of each of the municipalities in which any part of such district is situated. 4 SCHOOL LAWS OF WISCONSIN. District, when 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 respectively elected or when it has exercised 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 clei'k of the meeting, and he records them, the dis- trict 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 meeting may at once proceed to elect others. The same may be done at an adjourned meet- ing, if notice of refusal to serve is then received. The district meeting should endeavor to effect a complete organization, but if after reason- able 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, not- withstanding any informality of proceeding in its organization; and in the meantime, and until its organization is set aside by competent au- thority, 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 organization cannot be set aside on account of any alleged defect in its original formation or or- ganization. Body corporate; name. Section 417. The word district as used in this chapter, unless otherwise defined, means school district, and a district lawfully orgajiized 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 town (towns) in which the district is situated. Such number shall be desig- nated by the town board or boards in the order for the forma- tion thereof. The board shall make its contracts in its corpor- ate 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 it. It does not become dissolved, or lose any of its rights, or become dis- charged of its obligations by a change of its name, number or boun- daries, or by becoming a joint district. (4 Wis., 79.) 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 four, toicn of Lincoln, Polk county. When district officers are specifically empowered by law to act, their names may be mentioned. FORMATION AND ALTERATION OF DISTRICTS. 5 Lost records, restoration of. Section 417a. If the rec- ord of the formanon or establishment of boundaries of a dis- trict 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 town, 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 w^riting to the clerk of the af- fected district, stating when and where they will be present to make such new record, and such clerk shall immediately notify the other members of the board. Such order shall within three days be entered 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 los3 or destruction of the records pertaining to a joint district the clerk of any town, village or city in which the dis- trict lies shall procure and record a certified copy 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 district 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 cf the formation of such district, of the boundaries thereof and of the loss or destruction of the record of its forma- tion. Parties conceiving themselves aggrieved by any decision made under the foregoing provisions may appeal therefrom in the manner provided by section 497. Notice of hearing. Section 418. Whenever the town board shall contemplate an alteration of a district they shall give at least five days' notice in w^riting to the clerk of the dis- trict or districts to be affected thereby, stating in such notice when and where they will be present to decide upon such pro- posed ajlteration; and such clerk or clerks shall immediatel} not- ify the other members of the board. No territory shall be de- tached 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 and "return" that the notices have been properly served filed in the office of the town clerk or clerks. Q SCHOOL LAWS OF WISCONSIN. There is no presumption that notices have been given, and a recital in the order of the board to the effect that they have been given is not prima facie evidence of the fact. Moreover, the district officers cannot waive notice. 60 Wis., 895; 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 endorsed thereon, and these should be attached to the order changing the boun- daries 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 ac- cessible at all times. It will be noticed that the language of the statute is — 'Whenever the town board shall conteviplate" 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 lor a petition. A petition is, however, helpful and will be welcomed by the supervisors. Alteration of school district boundaries; order, filing of; when in effect. (Ch. 266, Laws of 1903, amending Sec. 419, Statutes of 1898.) Section 419. In all cases where an altera- tion of the boundaries of a school district shall be made, the town board of supervisors shall within three days thereafter, give notice thereof by filing a copy of the order so altering said school district, with the town clerk and also with the district clerk of each of the districts affected by such alteration. No alteration of any organized school district shall be made to take effect between the first day of December in any year, and the first day of April following. Before the passage of this law it was in the power of a school district board to postpone the time when an order made by the town board of supervisors altering the boundary of a school district could take effect. The clause of section 419 giving a district board this power, is omitted and hereafter an order altering school district boundaries may be made to take effect in accordance with the judgment of the supervisors mak- ing the order. Failure to file the order with the town clerk does not avoid the di- vision; 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 dis- trict clerks. No action in the direction of holding district meetings can be taken by the voters of a new district until the order forming the district takes effect. The notice for a first meeting should not antedate the time at which the order creating the district becomes effective. Number of school district to be recorded and not changed thereafter. (Chapter 113, Laws 1903.) Section 1. After the first day of January 1904, it shall not be lawful for any town board of supervisors or any town board of school di- rectors, or any other officer or officers to change the number of any school district or sub-district joint or entire. FORMATION AND ALTERATION OF DISTRICTS. 7 Not to be revived. Section 2. If a district or a sub-dis- trict is dissolved, or by the exercise of proper authority attached to and made a part of another district or districts, no newly formed district shall, after January 1, 1904, be made to bear the number of the district so dissolved. It is the purpose of this chapter to prevent confusion in keeping school district records in the ofRce of the town clerk and to enable the state superintendent to keep a more satisfactory record of dictionaries furnished free to scliools in accordance with the provisions of section 509. In the case of consolidation of districts the town supervisors shall de- cide upon the number of the district as consolidated. The number of cne of the districts interested should be retained in all cases of con- solidation. Joint school districts. (Chapter 218, Laws of 1903, amend- ing' Section ■419a, Statutes of 1898, as amended by Chapter 343 of the Laws of 1901.) Section -419a. A¥henever an applica- tion in writing, describing and clearly setting forth by use of usual and definite terms, and having for its purpose the altera- tion of the boundaries of any joint school district, signed by at least two members of the board of supervisors of any town in which any part of such joint school district is situated, 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 any part of such joint school district is 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 board of supervisors, and the city council, or the village board of trustees of all the numicipalities in any way affected by said proposed change, which time shall not be less than ten or more than twenty days after the presentation to said officer of such petition or applica- tion. The officer to whom the application or petition is pre- sented shall cause a written notice of the time and place of such meeting to be given to each supervisor, member of the council, or member of the village board of trustees entitled to be present at such meeting, which notice shall be served at least five days prior to the date fixed therefor. Such meeting shall be held at the school house in such joint district, unless some other convenient 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 trustees, as the case may be, to whom such application shall be presented, neglect or refuse to fix the time and the place or to give notice for the meeting as provided by this sec- tion, or if the supervisors, the city council, or the board of vil- 8 SCHOOL LAWS OF WISCONSIN. lage trustees, or a majority thereof, of any town, city or village in any way interested or affected by the proposed change of school district boundaries, neglect or refuse to be present at such meeting or being present, neglect or refuse to hear and vote upon the application before them, the application shall be deemed denied, and an appeal may be had therefrom in similar manner, and with like effect as in other cases of deniaL The provisions of sections 418, 419, 422, and 497 shall, as far as may be applicable, apply to the above proceedings. Change of boundaries in joint school districts; applica- tion, how made. Section 2. The board of supervisors of any town containing territory, now or hereafter embraced within the boundaries of any joint school district, may make the ap- plication provided for in section one, whenever in their judg- ment such alteration will promote the welfare of the pupils re- siding in such town; and such board shall make such applica- tion whenever one-third of the voters residing in such town or two-thirds of the voters residing in that portion of such joint district, situated in such town shall make and file with the town clerk a petition, praying that such alteration be made. This law provides another method whereby the boundaries of joint districts may be altered. In any case where sucli alteration is contem- plated it will be wise for the town boards of supervisors, as well as other parties interested, to Icok up all the laws relating to the altera- tion of district boundaries and formation of new districts, especially sections 413, 415, 418, 419, 419a, 420, 422, 424. The method most easily applied in the particular case should be adopted. It may not be out of place to state that if in any case the town boards of supervisors in any v/ay interested agree to meet, they may do so on their own motion and without any petition. If their proceedings are regular their actions will stand, unless set aside upon an appeal. A petition is deemed neces- sary only in cases Vi'here it is probable that one or more of the boards will refuse or neglect to act. Section 419a was apparently enacted for the sole purpose of providing a. possible remedy in certain cases by an appeal to the state superintendent. It should also be understood that where the boards act en their own motion, under section 419a, a pre- liminary meeting must be called for the purpose of issuing the loritten notices, required by section 418. (See Form 8.) At a second meeting of the supervisors the necessary order may be made or an application or petition may be formally denied. Division of property. Section 420. If a new district be formed, in whole or in part, from one or more districts possessed of a school-house or entitled to other property the town board, at the tim.e of forming such new district, shall determine the proportion of the value of the school-house and other property justly due to such new district according to the taxable prop- erty of the respective parts of such former district at the time FORMATION AND ALTERATION OF DISTRICTS. 9 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. Collection and application of money. Section 421. The town board shall certify to the district clerk of each district retaining- a school-house or other property the amount ascer- tained 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 shall be collected and paid to the treasurer of the new district to be applied toward providing a school- house therefor; and the money so received shall be allowed to the credit of the taxable property taken from the district paying the same in reduction of any tax imposed on said taxable prop- erty in the new district for the building of the school-house; but in case the new district shall have raised a tax and pro- vided a school-house before the receipt of such money, the treas- urer thereof shall pay on demand to each taxpayer residing in the territory taken from the district paying' the same, the amount actually paid by him in school-house taxes in excess of the amount he would have paid if the money had been received and credit given before such taxes were collected, and the treas- urer shall 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 prop- erty. By "property" is meant lands, tenements, hereditaments, money, goods, chattels, things in action, and evidences of debt. The division of the share of the income of the school fund is discussed in and under section 558, as amended by chapter 450, laws of 1901, and section 554, as amended by chapter 313, laws of 1903. Alteration of district in town and village, etc. Section 422, (as amended by Chapter 304, Laws of 1901). "Whenever any school district in this state shall be comprised partly of the territory 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 purposes shall be considered as a joint school district which may be dissolved or the boundaries of which may be changed only by the joint action of the city or common council of the city or the trustees of the village as the case may be and the board or boards of supervisors of the town or towns in which any part or parts of said joint school district 10 SCHOOL LAWS OF WISCONSIN. may be situated and only in the saiiK' inainuM- in which any other joint district may be alt(?red or dissjlved, but no new joint district embracing a part of any city shall be hereafter formed. The appraisal and award should be made at the time of the formation of the new district but will be legal if necessarily delayed. If the duty is wholly neglected by the supervisors, or, the award being inade by them, 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 sec- tion 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 the 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 di- vision of territory will relieve the board of this duty. An agreement to consent to the division of a district in consideration of the surrender cf property rights by the new district is void. 63 Wis., 3C7; 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 re- quired by law% the town board of the town embracing the dis- trict shall attach the same to such other adjoining district or districts in the town as they shall judge proper ; and if the dis- trict be joint, then the 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 dissolve a district by attaching 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 transporta- tion of the pupils of the district as provided in chapter 502, laws of 1909, found as sections 430 — 1 to 430 — 8, inclusive, section 430, and of section 554a of the laws of 1903. Failure to elect district officers does not of itself dissolve 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 bv reason of The attachment of all MEETINGS. 11 its territory to some other district, the towu board, and iu 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 otherwise, g^nd apply the pro- ceeds to the discharge of its debts, paying over the remainder if any, to the treasurer, land in the case of more than one dis- trict, to the treasurers of the districts to which the territory 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 dis- trict 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. Unex- pended and unappropriated money in the hands of the district treasurer, is "property," and is to be divided by the town board or boards. Particular attention should be given by town boards of supervisors, trustees of villages and city councils to the matter of recording tire proceedings which affect the formation and alteration of school districts. MEETINGS Annual; report to. Section 425. The annual district meeting shall be held on the first Monday of July unless that be a legal holiday, in wdiicli 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 notwith- standing 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, care- fully 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- ing. 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 12 SCHOOL, LAW'S OF WISCONSIN. is the fourth, and when the fourth of July occurs en Sunday, the an- nual 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 an- nual meeting. District officers have no power to call an annual meet- ing at any other hour than that which the law designates. 34 Iowa, 306. Notice. Section 426. The clerk shall give at least six clays 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 affixed to the outer door of the school-house, if there be one in the district; and he shall give like notice for any ad- journed meeting, if the adjournment be for more than one month ; but no annual meeting shall be deemed illegal for want of due notice, rmless it shall appear that the omission to give such notice was wilful and fraudulent. See Forms 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 sectioir, 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 cf the meeting. 6 Hill, N. Y., 647. If change of school house site, adoption of free text-books, erection of a school building is to be considered, or if money is to be borrowed, it will be well to incorporate the fact in the annual notice. Special meetings. Section 427. Special meetings shall be called by the clerk, or in hi,:; absence by the director or treasurer, on the written request of five legal voters of the dis- trict, and notices thereof specifying particularly the business to be transacted shall be posted in the manner prescribed for callingi the annual meeting ; and the electors when lawfully a^5- sembled at a special meeting shall have power to transact the same business as at the first or annual meel'ing, except the elec- tion of officers, voting a tax to compensate the clerk and author- izing a change in text-books.* But no more than one such meet- ing 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 written notice left at their places of residence, stating the time, place and ob- jects of the meeting, and specifying the amount proposed to * Changes in text books are now made by the district board. See section 440. MEETINGS. 13 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 re- quest him to call a special meeting, is no cause for refusing to comply with the request. "V/hen public corporations or officers are authorized to perform an act for ethers, 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 tliat 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, director and treasurer. The notice for a special meeting may be given by the director or treasurer in case of a vacancy in the office of clerk, 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, those rights cannot be set aside by the vote of the dis- trict. This includes the rights of persons elected to a district office. "Six full days" requires the notice to be givon 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 where it is the pur- pose oi; the special meeting to vote a tax, loan or debt, should include women, on whom the right cf 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 for 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 Chapter 233, Laws of 1899). Every resident elector of the district shall be entitled to vote in any meeting, provided such elector has re- sided therein for at least, thirty days next preceding any meet- ing. The qualifications of voters at a general election are declared by sec- tion 12 of the Wisconsin statutes, to be as follows: Section 12. Every male person of the age of twenty-one years, cr upward, belonging to either of the following classes, who shall have re- sided 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, in which case 30 days' residence in the district is required] 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. 14 SCHOOL LAWS OF WISCONSIN. 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 re- ceive such aid, shall be entitled, on such oath being filed and recorded, to vote at all elections held in this state, if he is otherwise qualified. The oath so taken, on being corroborated as to the residence and tribal relations of such person by the affidavit of a qualified elector, shall be filed in the office of the clerk before whom it v» as taken and recorded by him in a book to be provided for that purpose, upon such person pay- ing 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 debt 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 428e, (as amended by Chapter 233, Laws of 1899). Every woman who is a citizen of this stat«, of the age of twenty-one years or upwards, except pau- pers, persons under guardianship and persons otherwise ex- cluded by section 2 of article 3 of the constitution of Wiscon- sin, who has resided in the state one year, and in the election district where she offers to vote, thirty days next preceding any election pertaining to any school matters, shall have 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 elec- tion 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 an- nual or special school district meeting. The words "any election per- taining to school matters" renders the limitation to the privilege con- ferred by the section manifest. 71 Wis., 239, 251; 75 Wis., 543; and chapter 285, laws of 1901. "An election to determine whether a city shall issue bonds for the purpose of, building a school house is an elec- tion pertaining to school matters within the meaning of chapter 211, laws of 1885." 128 Wis., p. 132. Section 69. In determining the r-estion of residence as a qualifica- tion 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 re- spect thereto, namely: MEETINGS. 15 First. — As prescribed in the constitution, no person shall be deemed to have lost his lesidence in this state by reason of his absence on busi- ness of the United States, or this state; and no soldier, seaman or mar- ine, in the army or navy of the United States, shall be deemed a resi- dent 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 inten- tion oi 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 resi- dence, who shall leave his home and go into another state, or county, tov\n, or A^ard of this state, for temporary purposes merely, with an in- tention of returning. Fourth. — A person shall not be 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 re- maining there for an indefinite time, and as a place of present residence, 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 unless he has, by registering to vote elsewhere or by performance of some other 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 consid- ered it for the past ten days in preference to any other place? If he answers in the affirmative he shall be entitled toi 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 assessments 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. 16 SCHOOL LAWS OF WISCONSIN. Section 4:28a, (as amended by Chapter 285, Laws of 1901). Every woman who is a citizen of this state; of the age of twenty- one years or upwards (except paupers, persons under guardian- ship, and persons otherwise excluded by section two of article three of the constitution of Wisconsin), who has resided within the state one year, and in the election district where she offers to vote, ten (thirty) days next preceding any election pertaining to school matters, shall have a right to vote at such election. Separate ballot boxes shall be furnished at every election pre- cinct in this state at every primary, 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 u.se of said women. This chapter eAadeiitly extends the privilege to vote for school officers at general and municipal elections, as well as at school district elections, and under the same conditions regarding age and residence that are im- posed upon male citizens. Proceedings on challenge. Section 429. If any person offering 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 affirma- tion : You do solemnly swear (or affirm, as the case may be) that you are an actual resident of this school district and that you are qualified according to law to vote at this meeting. And every person 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 chair- man of a district meeting can not, like an inspector of elections, require the person challenged to answer the questions under oath. Section 68. 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 unquali- fied one of the inspectors shall tender to him the following oath or af- firmation: You do solemnly sv»-ear (or affirm) that you will fully and truly answer all such questions as shall be put to you touching 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 MEETINGS. ' 17 he is not a citizen and has not declared his intention to become a citi- zen : 1. Are you a citizen of the United States? If no, then — 2. Have your 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 unijualifled 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, while 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 nov>^ 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 loca- tion 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 depending 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 you 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 not subsequently 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 j^ou 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 imqualified 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 — - 2— S. L. 18 SCHOOL, LAWS OP WISCONSIN. 2. When and where, and had ycu hefore 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 ycu 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 qualification as an electcr at such election. POWERS OF DISTRICTS. Powers of meeting. Sechon 430. . The inhabitants of any school district qualified by law to vote at a school district meet- ing when assembled 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 district be present, it is proper for him to do this. If the district clerk be net 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 is 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 luonth, 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. It is a good plan to adjourn annual meetings from time to time in most cases where a new building is to be erected or a site purchased. 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. The electors must hold strictly to these requirements. POWERS OF DISTRICTS. 19 School boards of seven members. (Chai)ter 317, Laws of 1899, as amended by Chapter 205, Laws of 1901, and Chapter 421, Laws of 1905.) Section 1. Any school distiict containing within its boundaries a city in wliich a higli school is maintained and whicli expends annually in the maintenance of its schools a sum exceeding four thousand dol- lais, may, upon determining so to do by the vote of the electors pres- ent, 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 director, treasurer and clerk, as now pro- vided by law, who shall each discharge the separate duties now im- posed upon him by law and shall be elected and hold ofRce for the term now provided by law, and no two of whom shall be residents of the same ward in such city until each ward therein shall have at least one member on such board. Where such school district and city are iden- tical in territory, the members of said district board shall be chosen one from each ward of such city in the order in which the wards are numbered until the full number is chosen; provided, that in case such city have fewer than seven wards, additional member or members shall be chosen from the district-at-large; and, provided, further, that in school districts having school boards elected under and pursuant to sec- tion 1 of chapter 317 of the laws of Wisconsin for 1899 or under said act as amended by chapter 20.5 of the laws of Wisconsin for 1901, mem- bers of such boards, including those chosen to fill vacancies, shall be chosen from wards not represented as herein provided until such repre- sentation shall be fully established, provided electors of such school districts decide at any annual meeting to adopt the provisions of this act. Removal by a member of such board from the ward from which he was chosen shall create a vacancy. And all directors, clerks and treasurers now in office in such districts, shall continue in their re- spective offices during the full term for which they were elected. The remaining four members of such district board, shall be elected as 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 remaining two for the period of two years and until their successors have been elected or ap- pointed. At every succeeding annual school meeting in such district there shall be elected in addition 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 appointed. In case of vacancies in the said board, such va- cancies shall be filled as now provided for filling vacancies in district boards, the members so chosen to hold until the next annual district meeting. Such school boards shall exercise all the powers, and dis- charge 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 hours before such special meeting is held, give written notice thereof to the remaining members of the board. School Boards — Number of members — How increased. Chapter 198, 1907, adding- to section ] , chapter 421. Laws of 1905, section Im.) Section Im. The number of members of any school board shall not be increased as provided in section 1, 20 SCHOOL LAWS OF WISCONSIN. unless a notice in writing of the proposition for such increase, signed by at least twenty-five electors of the school district shall be filed with the clerk of said district, at least ten days prior to the annual meeting; and the clerk shall include in the notice of such meeting the substance of such proposition. This act restricts the powers of the electors assembled at an an- nual meeting, inasmuch as a notice properly signed must be filed with the district clerk and the district clerk must also give notice that the question of increasing the number of members will be voted upon at the annual meeting. Otherwise the attempted change will be void. Accounts of school boards to be examined. Section 1. (Chapter 162, Laws of 1899, as amended by Chapter 78, Laws of 1905.) It shall be the duty of every school district in the state of Wisconsin at its annual meeting to appoint three competent persons who shall be voters in the district to examine all ac- counts, books, vouchers, moneys and property of whatsoever kind belonging to said district between the thirtieth day of Jiuie next following their appointment and the time of the next annual school meeting of said school district and report their findings in writing to the electors at the next annual meeting. This law does not interfere with that part of section 425, W. S., which makes it the duty of the district hoard 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 and the amount of money reported on hand at the beginning of the year must be exactly the same as the amount reported on hand at the close of the preceding year. 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 dis- trict in the state. Over six millions of dollars are annually 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 re- ceived and expended in the management of its school affairs. Before the meeting proceeds to elect officers, the minutes of the last annual 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 of officers should be in writing, and should be carefully examined by the committee, or by the meeting, if convenient. The financial state- ments submitted should be accompanied by vouchers for all moneys ex- pended. Reports of officers should be spread upon the records, as papers that are merely filed are often lost. If a vacancy exists in the board from any other cause than the ex- POWERS OF DISTRICTS. 21 piration of the incumbent's term, it is advisable ttiat a resolution be passed declaring that such vacancy exists, and stating the ground on vi^hich the meeting regards the office vacant. It is for the meeting to judge in the first instance whether a vacancy exists, and although it may err in so declaring the officer 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 competent 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. District officers may be elected at an adjourned annual meeting if such meeting be held within ten days after the time fixed by law for holding the annual meeting. A school district oflScer elected at an an- nual meeting cannot be displaced at an adjourned annual meeting. The manner of resignations of school officers is fixed by sub-division 8, section 961, statutes of 1898, in the following words: "Resignation by a school district officer shall be made to the district board." It is clear from this that a resignation made 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 designate a site for a district school-house. The vote of a district at an annual meeting, or at a special meeting called for that purpose, is necessary to establish a site. The district cannot delegate this power to the board or to a committee appointed for that purpose; although either may be authorized to examine the situation, price and title of a proposed site. The annual or special meeting should be adjourned until the committee or board can report. Every schoolhouse site should contain at least one acre of land; should de described by the government survey; should be easily ac- cessible to all parts of the district. A dry, sheltered spot should be chosen, well drained. A school house should never be placed on low or marshy ground, near a stagnant pool, or in the midst of distracting or unhealthful surroundings. The site designated hereafter must be on a public highway. (See section 477 as amended by chapter 171, and see also chapter 318, laws of 1909.) It is quite proper, hut not necessary, to designate a site before voting a tax to build the schoolhouse; neither is it necessary that the site 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 additional tax may be voted; and, if too much is raised, the electors may appro- priate 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 authorizes the leasing of a site, it does not permit the district to contract a perma- nent 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 22 SCHOOL LAW'S OF WISCONSIN. release should be obtained, if possible; before erecting a sclioolhouse thereon. 5. To vote such tax as the meeting shall 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 repair and furnish the same with the necessary fuel and appendages; provided, that no district containing a population of less than two hun- dred and fifty inhabitants shall have power to levy and collect a tax for building, hiring or purchasing a school-house of more than six hundred dollars in any one year, unless the town board of the town in which such school-house is to be situated shall certify in writing that in their opinion a larger sum should be raised, specifying 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 poM^er 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 board should not part with the money before a conveyance of the site has been made. A district meeting may vote a tax for a fence, sidewalks, separate privies for the two sexes, wood-house, stoves, stove-pipe, and bell, as 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 of 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 years, and ex- pended for the new building. See chapter 498, laws of 1909, under free high schools which gives the electors of a town free high school district and the electors of an ordinary school district power to authorize their respective boards to unite in erecting a building to accommodate both districts. 6. To vote such tax as the meeting shall deem 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 raided in any one year; in all school districts having an average attendance of POWERS OF DISTRICTS. 23 not more than thirty nor k^ss than fifteen seliolars, not more than four hundred and fifty dollars shall be raised in any one year; and in all school districts having an average attendance of not more than forty nor les? than thirty scholars, not more than five hundred 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. 7. To authori'ze 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. 7a. To levy a tax for the purpose of paying to any surety or bonding company the fee or consideration necessary to secure a bond indemnifying the district against any loss of moneys belonging to the 'district in the hands of the school district treasurer. The electors assembled at any annual or special school meeting are authorized to levy a tax for the purpose of paying the fee necessary to secure a bond for the district treasurer in cases where said bond is se- cured from some surety or bonding company. It does not provide any fee whatever in cases where the treasurer secures his own bondsmen from among his friends in or out of the district. 8. To impose such a tax as may be necessary to discharge any debts or liabilities of the district lawfully incurred. 9.. To vote a tax not exceeding seventy-five dollars in any one year for the purchase of maps, blackboards and school ap- paratus. See also section 436 as amended by chapter 39, laws of 1907. Boards should be guided in the purchase of school appliances by the iudgment of competent teachers, and that of disinterested persons who have some acquaintance with the teachers' needs. Thousands of dol- lars are doubtless expended annually in this state for apparatus that is practically worthless in the school room while the most necessary helj^s are entirely wanting or in such poor condition as to be useless. 24 SCHOOL LAWS OF WISCONSIN. 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- dred and fifty inhabitants shall have power to levy and collect a tax of more than five hundred dollars in any one year for any purpose other than for the purposes 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 be found under sections 485 — 486a and 486d. See also Township Libraries, Chap. 164, Laws of 1909. 11. To authorize the district board to borrow money as pro- vided elsewhere in these statutes. Pages 121 to 130 inclusive of this book 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 not 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. (See also Chapter 183, Laws of 1909, page 280 of this code.) By this clause the district is empowered to determine whether the 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 and 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 "such 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 manifest POWERS OP DISTRICTS. 25 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 the 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- vantages which the school affords. It will be seen that the decision guards carefully against the 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 board 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 alter the district has voted to admit them. It is the 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 power under section 439 to admit persons between twenty and thirty years of age to the schools in cer- tain cases. This power 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 governed by the instructions of the board. 13. To authorize the 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 wliat books shall be used in their respective districts, and section 430b provides that the question of furnishing free text-books shall be submitted to every annual school district meeting. While the board has. power to adopt, it has no power to purchase text-bcoks, unless authorized to do so by the district at its annual meeting. Books that have been adopted must be retained for at least 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. 16 Wis., 336. 14. To determine the length of a time a school shall be taught in their district the then ensuing year, which shall not be less than * * * eight months, * * * but if such * * * matter, shall not be determined at the annual meeting the dis- trict board shall determine the same. A school must be taught one hundred and sixty days to meet the re- quirements of the law in regard to the apportionment of school money. 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 and Christmas, together with days of fasting or thanks- giving 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. It should be borne in mind that a district, at a special meeting, can- 26 SCHOOL LAWS OF WISCONSIN. not rescind a resolution passed at an annual meeting or set aside the action of a district board when rights have been acquired by third par- ties by virtue of such resolution or such action. 14:a. (Chapter 256, Laws of 1905.) Section" 1. Whenever any school district having a school house of one room only shall enroll in any one school term, sixty-five pupils or more in such school it shall be the duty of the electors of said district at the next annual meeting to authorize the district board to make pro- vision for an additional room and an additional teacher for the accommodation and instruction of said children. Section 2. Failure to comply with this act shall cause the district to forfeit the right to share in the apportionment in that part of the public money which said district would otherwise re- ceive from the seven-tenths mill tax as provided by law. This law does not mean that school must be maintained in the addi- tional room for the entire year but for the term only in which the en- rollment is beyond the limit. This will probably be the winter term only. If the enrollment occurs for more than one term, a state graded school should be organized. (Chapter 502. Laws of 1909.) Section 430—1. The electors of any school district shall have powder at any annual or special school district meeting to order the district board to suspend the district school for such length of time as said electors may deter- mine to be to the best interests and advantage of the pupils re- siding in said district and to authorize the district board to make all necessary contracts in behalf of the district suspending the school for payment of tuition of such pupils to another school or to other schools conveniently located. Section 430 — 2. The electors shall also have power to order the board to provide for transportation of any or all pupils re- siding in the district to and from the school in their district or to and from the school or schools with which contracts for tuition are made. Section 430^ — 3. In all cases where the electors have voted to suspend the school in their district or have directed the board to pay for tuition or for transportation they shall provide by tax upon the district, a sum sufficient to meet the cost of the tuition or the transportation or both; provided that if any dis- trict at its annual or at a subsequent special meeting prior to the third Monday of November following shall not vote a tax sufficient to pay for tuition or transportation or both for the time during which the school is suspended, the district board, on or before the Wednesday next following said third Monday of November, shall determine the sum necessary to pay for tuition POWERS OF DISTRICTS. 27 or transportation or both, as the case may be, and the district clerk shall at once certify to the town clerk the amount so fixed and the town clerk shall assess said amount as other district taxes are assessed. Section 430 — 4. It shall also be lawful for the electors to authorize the school board to enter into an agreement with the parent, guardian, or other person in charge of any pupil to compensate such parent, guardian, or other person, for trans- porting any pupil or pupils to and from school and to levy a tax therefor, provided that in all cases wdiere the distance from the home of the pupil or pupils who are to be transported is two miles or less by the nearest traveled highway the sum per pupil so paid shall be such as may be authorized by the electors and in all cases where the distance is more than tM^o miles the state may be called upon to pay five cents per day for each such pupil transported regularly to and from school in some reason- able and comfortable manner for a period of not lesi than five months. The school board or the town board of school directors and the principal teacher of the school in which such pupil is enrolled shall, on or before the fifteenth day of July of each year, make under oath a report giving the name of each pupil transported more than two miles, the number of days such pujjil was transported, the mode of transportation and the total amount claimed by the district on account of all pupils resid- ing more than two miles from school, for whom transportation or transportation and tuition have been paid. Section 430 — 5. Upon receipt of such report the state super- intendent shall certify to the secretary of state the amount due such district and the secretary of state shall thereupon is3ue a warrant in favor of such district for such amount which shall be paid by the state treasurer to the treasurer of the district from the school funds provided for by section 1072a of the statutes. Section 430 — 6. It shall be the duty of the clerk of the school district board to embody in the notice of every annual or special school district meeting at which any or all of the above matters are to be considered, a statement to that effect and said notices shall be posted, or posted and served, as provided for in sections 425, 426 and 427 of the statutes of 1898. Section 430 — 7. No contract or agreement shall be made un- der this act that shall bind any district for more than three year^. Section 430 — 8. Wherever the term '^ electors" or "board" or "district board" or "district" occurs in this chapter it shall 28 SCHOOL LAWS OF WISCONSIN. apply with equal force to "electors of a town or towns," or "town boards of school directors" in towns operating under the township system of school government. 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 disrtict 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, treasurer and director, which in districts supporting graded and high schools shall be such sums as may be voted, and in other districts not more than ten nor less than five dol- lars for each or any of the above officers. This chapter, authorizes the electors of any school district to com- pensate the treasurer and director, as well as the clerk, of the school board. If the electors desire to vote a compensation to these officers for services rendered it must be voted at the annual meeting at the commencement of the year. When compensation is not voted by the electors the officers serve without pay and the sum voted to each officer must be definitely stated. The amounts need not be the same. 19. To alter or modify the [their] proceedings as occasion may require. The power to repeal proceedings cannot be exercised after they have been carried into effect, and 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 vv arrant 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 gf the district, until by death, resignation, re- moval from the district, expiration of term, refusal to serve, or re- moval from office, a vacancy occurrs 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. This statute was designed to supplement clause 13 of section 430. POWERS OF DISTRICTS. 29 Limitation of taxes. Section 430a. (Part of Chapter 439, Laws of 1903. See page 187.) The total amount of school dis- trict 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 two per cent, of the total assessed valuation of taxable property in such school district for the preceding year. Election of school officers in village, or city of fourth class. (Chapter 351, Laws of 1909.) Section 430a— 1. (1). Whenever a petition requesting that an election of school district officers shall be conducted after the manner of voting for village or city officers, signed by not less than twelve qualified voters of any school district in which the school officers are elected by the people, and which contains wholly or partly within its limits an incorporated village or city of the fourth class, is presented to the clerk of such district he shall at least six days before the time fixed by law for the annual school district meeting, post or cause to be posted in at least six of the most public places in the district, notices giving the manner of holding and conducting such election. (2) The election of school district officers shall be held in some convenient room in the district school building, and if there are two or more school buildings in such district, the notice shall specify in which building the election shall be held, and if the notice does no so specify it shall be understood that the building in which the last annual school meeting was held shall be the building designated. (3) The election of officers shall be by ballot, and suitable ballot boxes shall be provicled therefor. The pells shall be opened at three o'clock in the afternoon of the day fixed by law for holding the annual school district meeting, and shall be closed at seven o'clock of the same day. The time of opening and closing the polls, as well as the place of holding the election, shall be specified in the notice of such meeting, but a failure to so specify the time of opening and closing the polls and desig- nating the place shall not vitiate such election. . (4) The mayor of the city or the president of the village or board of trustees, as the case may be, shall appoint not more than five persons who shall act as inspectors and clerks .of this election and who shall make and keep a list of all the electors, men and women, voting at such election. (5) Immediately after the polls are closed and the ballots counted, the result shall be declared, and all ballots as soon as 30 SCHOOL LAWS OF WISCONSIN. counted, shall be sealed in the ballot box and be kept in the custody of the village clerk or the city clerk, as the case may be, for sixty days. As soon as the result of the election is an- nounced, the electors shall organize and conduct the regular and usual business, other than the election of officers, authorized to be done at annual school district meetings. (6) The privilege of challenging any person as to his or her right to vote at such election shall not be prohibited or re- stricted. (7) The amount of compensation paid to the inspectors and clerks of this election shall be one dollar for each such inspector and clerk engaged and acting in conducting this election, said compensation to be paid from any funds in the treasury of the school district not otherwise appropriated. Vote on free text-books. Section 430b. 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 430c. (Created by Chapter 298, Laws of 1899.) In any school district under the supervision of the county superintendent in which a high school or a graded school having more than two 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 districts between the ages of four and six years, allowing forty pupils to each kindergarten 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 430d. (Created by Chapter 29^, 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 yearly estimate of POWERS OP DISTRICTS. 31 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 cliildren of said city between the ages of four and six years. The council shall take action thereon: If the whole or a part of the estimate be approved, the council shall make an appropriation of the amount approved by them for that purpose, which 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 estah- lishment of kindergarten departments, either in the country or in cities of the third and fourth classes. For legal qualifications of kindergarten teachers, see chapter 317, laws of 1907, page 84. Section 430n. (Chapter 588, Laws of 1907.) The electors of any school district having adopted the provisions of chapter 317, laws of 1899, as amended by chapter 205, laws of 1901, and chapter 421. laws of 1905, may at any annual school meet- ing held in such school district vote to rescind the action of the electors of the district in adopting the provisions of this chap- ter, and to return to the district system of school government as provided in subsection 3, section 430; provided, that ten days' notice that such a question -v^nll be submitted to the elec- tors of the city school district at the annual meeting, be given by posting five copies thereof in five different public places in such city school district. In case the electors shall vote to have a school board of three members, the director, clerk and treas- urer then in office in such district shall continue in their re- spective offices during the full term for which they were elected, and thereafter their offices shall be filled in the manner pre- scribed by law. GENERAL OUTLINE FOR CONDUCTING DISTRICT MEETINGS. 1. Elect a chairman (the person so elected may or may not be a member of the school board). 2. If the district clerk is not present, appoint some one to act in his place. A full record of the proceedings of the meeting and the business transacted viust appear upon the minutes. 3. The minutes of the last annual and all intervening special meet- ings, if any, should be read, corrected if necessary, and approved. 4. The itemized reports of the members of the board giving the re- ceipts and expenditures for the year ending June 30th should be read and acted upon. 32 SCHOOL LAW'S OF WISCONSIN. 5. The report of the committee of three taxpayers appointed at the last annual meeting to examine the accounts of the school board should now he read. 6. Determine the length of time school shall he taught during the en- suing year, which must not be less than eight months. The graded schools desirous of sharing in the special state aid must maintain at least nine months of school. 7. Vote to raise a tax for school purposes for the ensuing year. This tax should be sufficient to enable the hoard to purchase needed apparatus and supplies, and the question should be brought up by the board, discussed, and a conclusion reached as to the amount needed, at the board meeting on the Saturday before the annual meeting. (See section 425, School Code.) Any person has, however, the right to make a motion as to the amount that shall be levied. 8. Appropriate the sums of money necessary for repairs to the school building, fences, out-houses, grounds, for additional furniture, for providing for heating and ventilation, repairing or placing new blackboards, etc., etc. The members of the school board should make it a point to be at the schoolhouse in a body, half an hour or so before the time for opening the meeting. This time should be devoted to a careful examination of the condi- tion of the buildings and grounds. This is also a. good time to determine the cash valuation of the schoolhouse and the site. The books in the library (if they are still in the schoolhouse) should also be counted and examined, and the value of the ap- paratus estimated. This will enable the clerk to make a satis- factory statement in regard to these matters in his forthcoming report. 9. If necessary levy a tax for the purpose of providing money for the purchase of maps, blackboards and school apparatus (see chapters 39 and 600, laws of 1907, found in the School Code Sup- plement). Expensive school apparatus should not as a rule be purchased. All kinds of apparatus purchased must have the ap- proval of the county superintendent of schools or of the state superintendent. In the past some persons purporting to repre- sent the state superintendent have persuaded school boards to purchase charts, etc., v^'hich are practically valueless to the school. School officers are agents of the district and should carefully avoid the imposition of traveling salesmen of this class. It must be distinctly remembered that the state superintendent ^\ill give no agent a general recommendation for books, furniture, or apparatus of any kind. Any information relating to these things is only given upon receipt of requests made by school offi- cers. Keep clearly in mind that any person purporting to repre- sent the state superintendent in any way as an agent for school supplies of any kind is an imposter. His name, business, etc., should be reported to this office immediately upon his appearance in any district or his making an attempt to influence any school board to purchase his goods. 10. A vote should be taken as to whether or not the district clerk, the district treasurer and the district director shall receive a salary for the coming year. A tax must be levied if the vote is favorable. The school district officers can not lawfully draw, countersign or pay an order upon the district treasury for the above purpose without having been first authorized to do so by majority vote of the electors. 11. Elect officers to fill vacancies. This election must be by ballot. No other plan is legal. A majority (more tlian half the voters voting in the m-eeting) is necessary to an election. POWERS OF DISTRICTS. 33 12. Appoint a committee of tliree taxpayers to examine the accounts of the school board between the 30th day of June next following their appointment and the nearest annual meeting, this commit- tee to report at said annual meeting. 13. If necessary, vote to authorize the board to borrow money. The electors have authority to direct the board to borrow money from some bank or some individual or from the trust funds. If this matter is to be brought before the meeting, the directions under the head of "Borrowing Money," found in tlie School Code should be carefully read by all the school officers and by other parties directly interested. Sections 475, 476, 476a of the School Code should he carefully read and studied before the meeting is held. Read chapter 216, laws of 1907, in order to determine the maxi- mum amount that may be borrowed. 14. Vote upon the question of authorizing the district board to admit to the privilege of the school, non-resident pupils and persons over twenty years of age. 1.5. Fix a fee for tuition per week, month or term, to be charged for persons so admitted. If the electors do not decide this matter the duty devolves upon the board. 16. Vote upon the question of closing the district school for one or more terms or for the year and providing for tuition, or tuition and transportation to adjoining districts in accordance with chap- ter 502, laws of 1909. 17. Vote to determine whether or not the school board shall be directed to close the sclicol and provide transportation and tuition for all persons of school age who mav attend a state graded school or the grades below the high school in some adjoining or convenient district. (The tuition of those who attend the high school may be paid by the town in which they reside.) Chanter 553, laws of 1907, must be read and studied in this connection. Any dis- trict complying with the provisions of said chapter is entitled to receive seventy-five dollars of special aid from the state upon filing the proper application. 18. Vote to determine whether or not the school board shall be author- ized to enter into contracts with parents, guardians or other per- sons in charge of anv pupil or pupils to compensate such parents or guardian for transporting anv pupil or pupils to the school. The statute permits compensation to be paid to such parents or guardians in cases where the distance is more than two miles from the school. Upon a proper statement made to the state superintendent as required by this act, a warrant may be drawn upon the state treasury for five cents per day for each day any child is transported under certain conditions. Read chapter 502, laws of 1909. 19. Lew a tax to raise money for tbe payment of transportation or tuition in case advantage should be taken of any of the above provisions. 20. Vote upon the auestion of furnishing free text books for your district. Chapter 443, laws of 1905, empowers the school toarcl to change text books, but under no circumstances must textbooks be changed, unless they have been in use for at least three years. 21. Consider whether or net consolidation of school districts or of school interests in your neighborhood will be advantageous. 22. Consider whether or not your school may be profitably organized into a state graded school or in certain cases into a free high School. Read chapter 256, laws of 1905, if you have anything like sixty^^ five pupils enrolled in a one room school house. If a two de* 3— S. L. 34 SCHOOL LAWS OF WISCONSIN. paitment state giadecl school is established the district will be entitled to special aid to the amount of $200 each year and if a three department school is established |300 will be paid annu- ally. 23. Entertain any other matter relating to the management of the affairs of the district. 24. Adjourn sine die if the business of the district has been satis- factorily completed. If not satisfactorily completed, it will be well to adjourn to a near future day. By so doing the trouble of calling a special meeting will be avoided. As many adjournments as are necessary to complete the business of the district may be legally taken. Parliamentaby Motion? in Obdeb OF Rank (A) 1. To ac.journ (3) ^ 2. Question of priv ilege. J S Orders of the day (Sii cial) i J 4 Appeal from decision tliair. Questions of ord 5. To wi hdraw motion 6. To suspend a rule (4) | 7. To reconsidei- (5) 1 (B) I 8. To lay on tlie table (7 To talve from tiie tab! 9. Previous question (6). 10. To 1 oslpone to certE time 11. To commit, refer or : commit (8) i 12. To amend (9). 13. To postpone indefinite (11) I 14. The principal motion.! (A) Motions arei one of lower order SO .ME SIMPLE KLLES OF PARLUMEXTAKV PKACTUE. PARL[AMEXTAnY MOTIOXP IS ORDEB OF Risk (A) \f..^» It What iL%r- "aJor.ty Is it nebat- Does it Open Main Question to Debate? Can It be | Tan it be .\mended'f Committed? Can it lK> Postponed? Is it suly'ect to Previous Question ? Can It lie Can It be Keeonsld- L Id on I he ered? Table? „ . ! How does It Can It be i AITeet Main Renewed? 1 Qne.stlun? 1 1. To !ir.j..urn <3) Vis Majnrilj No No No So No No No No Yes— a'ler | Malniiu(>s- olher lius.- 1 tion lljst In ness Inler- 1 » nler next venes i meetluf (1> .Vii allirm^tlve vote .in the oi\lcl~. of tlicil;\v IV moves 111- iniilii.iuc.MOM fiMin .cu-UlevalKMi; ;i llc;:alUc Mile diMiciiM-^ with the lni->llie>sMn (or siHvinl tlnu-. (2) When the previous iiues- tion is moveil or an amenilment, »• dadoirt'd. delinle Is eloswl on the t. C!u(-.lloii of Drii liege.... No Maiorili Yes No Yes Tes Ves Vi's Y.>s Yes Merely sus- Ycs ivnds action onmahutues- lion 3. Orders of Ihe day (Sre- No Two- . thirds No No No No No No Yes No No [ See note <1) 1 (3) Quorum not »ei essary lo adjourn. (4) Cannot suspe d Coiisli- tutlon or lly-I.aws. 4. Api;ral from decision of ( liah-. Questions of order Yes Majority Ves- '"f.'nmay" ' ^'" >l,eal,' uncc. No No No Yes Ves Yes— .sns- lalns ehnlr if carried No Meivly sus- IH'uds action (inmnlnuues- tlun Does not af- feet It 5. To Ml lidraw molioii .... No MajorlH .No No No No No No Ves Yes (.>) Must be made Sv one who viiic.l on pwvaillm: side on main line. lion. (l!) The previous .iliesiloii Mipll sonly lod Imlalile iiuistlon--. (i) Motions once tatileil must W It moved by nio- lion to tak' tlotn the table. (S) Mellon !o coinmll can- not be mmle after ptvvl- ous nuestion has i.ecii ordi ivd. (W To anil 11.1 roiisllliilloii cirH.v -1 ill,,,. .,!«,,. ihlril-. ..,!,• M.iiMi, 1,. I'Olle ,^ h,. hihl,. C, Tosusuendn rule (4)... Ves Two- thirds No No 1 No No No No No No No effect 7. To icfortsidcr (5) (il) Ye.s Majority Yes. if main riue.stion is •ics No ! No I No Yes-affects sideralion No Ves-does not table main ipies- llon Yes No effect P. To lay on tlie taijie (7)... 'I'o taUe from tiie tabic*. . . Yes Majority No No No No No No No- ncff. vote aflirni. vole No Yes Tables main miesllon and all secondary toil 1). I'icvious finest Ion (tl) Ves Two- thirds No No No No No No Ves Yes-taliii's entire sub- ject. ComiH'is iin- Yn« mediate volt *^^ onnialntiues- llon (2) III. Ill loslDone 10 certain Yes JIaiorltj- Yes— as to time No Ye.s— as to time No No Ves.-does not apply lo main ciues- tion Yes Yes Yea Postpones enlire sub- ject to llmo spccllled (lii)Mollons. as a iicneriii ter any other motion ill- lerlliir the slate of af- falisi has Inlerveiicil. (IllPosliKiiie liidellnltelv yields 111 all seconilary uiicslloiis cxcciil amcn.l. 11, To commit, refer or re- commit (8) Ves Majority Yes Vc.s \>s No- No Ye.s-foiccs vote at onee Yes Yes-tahles enliresulj- jeet Yes Commits malmiucstlon ami all sec- oiuiary to it 12. Toiiincnd (il) Yes Majority Yes. if main (lueslion is No Ves-not an amendment to an amendment Ves— talves principal motion Yes- post- pones main ciuestiun. Yes— forces vote at once Yes Yes-tahles entli-e sub- ject No Sec note 13. Tonoslpono Indeflnltely Ves Majority Yes Yes No Yes Yes Yes— does not atfect tion Yes Yes Yes Hemoves main iiues- llon for ses- sion 14. 'J'l-.e i)r-lnciiml motion.... Yes Majority Yes Yes Yes Yes Yes Yes Yes Yes Yes STPd in tlioorde isually cln^spd as "mlscollanrnus" motion. It \h lit op vv nt any tlino. every othcMiiip.illon (>xi'ci»l juljouni niul siHiit'ii'l t'ulpH. nnil (itllrrna- DISTRICT OFFICERS. 35 IL— DISTRICT OFFICERS. Elections, terms and acceptance. Section 431. The of- ficers 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 their successors have been elected or appointed, but not beyond ten days beyond the ex- piration of their term of office without beins; again elected or appointed; provided, that at the first election of such officers in any newly organized district the 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 person present at a meeting at which he shall be elected one of the board shall be deemed to be notified thereof: and any person so elected and not present shall be notified thereof by the clerk of said meeting within five davs thereafter: and un- less 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. Pee Forms Nos. IFi and 16. For la-"^ relating to R-^hool boards of ?!even membpreen 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. 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. 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 im- portant matter like that of changing or adopting text-books, hiring teachers, etc.. etc.. and the attention of school officers is particularly called to the fact that the electors at a school meeting have no authority to change text-books; also that there is no authority for making con- tracts with publishing houses for a speciiied time. In making a choice of text-books boards will do well to call to their aid the teacher and those best acquainted with the actual needs of the school. 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, g:overnment 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 441(2. Any district board or board of education may insure the school property, and, if neces- sary, execute a note for the premiums. See Chapter 373, page 275 of this code. 64 SCHOOL LAWS OF WISCONSIN. SCHOOL OFFICERS— SPECIAL DUTIES. DIRECTOR. His duties. Section 442. It shall be the duty of the di- rector 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 condition thereof, and to apply all money when collected to the use of the district as the same should have been applied by the treasurer. 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 treas- ury have been drawn in accordance with law, before affixing his signa- ture thereto. By the provisions of subdivision 17, of section 430, the district has power, at any meeting duly called, to give such direction and malce such provision, as may be deemed necessary in relation to the prosecution or defense of any action or proceeding in whicli the district may be a party or interested; and unless some other person is designated to per- form 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 a,t 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., 6.57. 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, liowever, designate some other per- son to act as its representative in tlie defense. TREASURER. Bond. Section 443. The treasurer shall,' within ten days 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, wnth sufficient sureties conditioned for the faithful discharge of his duty and approved by the director and clerk. He shall hold office until his successor be elected or appointed and qualified as herein provided. Whenever the director and clerk shall deem the bond of the treasurer insuffi- SCHOOL OFFICERS— SPECIAL DUriES. 65 cieiit they shall demand an additional bond in snch sum as they shall fix, ccnditioned, 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 office. Neither the director, clerk nor teaclier t^hall hold the office of treasurer in his own district. See Forms Nos. 22 and 23. School district treasurers tiold their offices until their successors are elected or apiJoinf:ed, and qualified by filing the required bond. A neglect to file the boni completed and approved, within ten days, as the law directs, vacates the office. Filing it with the approval oi: 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 lav/ requires, it is obviously the duty of the treasurer to furnish additional security, 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 conditions and possess the same powers as if elected to the office. By this section the treasurer is required to file a bond with securities 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, certifying that they are worth the amount for which the bond renders them re- sponsible, in their own right; but they may not use the discretion with which the law vests them to defeat the will of the district. 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 misapplied 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 lay 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 sliall keep a book in which he shall enter all the money received and disbursed by him, specifying particu- larly the sources from which the same has been received, the per.?ons to whom and the object for which 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 state^ 5— S. L, 66 SCHOOL LAWS OF WISCONSIN. ment of all inoiieys received by liim during the preceding year and of each item of disbursement made by him and exhibit the voucher therefor. At the close of his term 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 tlae 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 ths 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 appropria- tion (made by the board) about which he was not consulted. 59 Wis., 518. An order, althought 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 town clerk. The district treasurer should pay all legal orders in the order of presentation, when no special direction appears upon the or- der to the contrary. The law 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 keen 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. th=! person to whom and the account 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 support 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 vouch- ers, presented to the annual meeting. This transcript should be exam- ined 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, its cer- tificate 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 law in regard to em- bezzlement. Refusal of an officer or other person, made the custodian of money, to pay over the same on lawful demand, is declared to be em- bezzlement, and is punishable bv 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 imprisonment, or fine. Sections 4418 to 4421 of the Wisconsin statutes relate to this matter. It will be seen by section 963, that whenever any judgment has been rendered against the treasurer for any breach ot the condi- tions of his bond the governor may declare the office vacant. The va* cancy will be filled a§ other vacancies In the district board are filled. SCHOOL OFFICERS— SPECIAL DUTIES. 67 It is also deemed proper to refer here to the provisions of law relating to proceedings to compel the delivery of books and papers of public officers to their successors, contained in chapter XLIII, Wisconsin stat- utes, and embracing sections 977 — 983 inclusive. Severe penalties and summary proceedings are therein provided for failure to thus deliver books and papers to successors. Prosecution of town treasurer. Section 445. The treas- urer shall prosecute the to\^al treasurer of the town in which the district or any part thereof is situated for the recovery of any money belonging to the district which the town treas- urer refuses 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 exceed $200; otherwise, in the circuit court. CLERK. His duties. Section 446. It shall be the duty of the clerk: 1. To report the name and postoffiee 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 appointment 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 the 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 money apportioned to or raised by the district to pay, according to the contract made by the board, the wages of any qualified teacher for teaching the district school, and to make any other payment voted at a meeting pursuant to section 430. (See Form No. 24.) 6. To make a record in some suitable book of all orders drawn on the treasurer. 7. To furnish at the expense of the district for the use of each teacher a school register in the form perscribed by the state superintendent, to procure the same to be returned to him at the expiration of the teacher's" employment and to preserve the same with the records and papers of the district. G8 SCHOOL LAWS OF WISCONSIN. 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 his- tory 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 spread out on the record book. Documents that are merely filed are soon lost. The clerk cannot properly refuse to record the proceedings of a meet- ing that he was opposed to calling. And although he may think the proceedings illegal,- it is his duty, nevertheless, faithfully to record them. If illegal, they may be set aside by competent authority, on ap- peal; and the record of the clerk is of importance in deciding the ques- tion. 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 employed is legally qualified 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 recognize them as valid. Orders in favor of teachers. Section 446a. No order .shall be drawn, countersigned or paid which is in favor of any person who has taught school in said district Avhen-not holding a- certificate of qualification therefor as provided by law, noi for the 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 teachers' wages. WHAT SHALL BE TAUGHT. Branches taught — Kindergartens. Section 447. (Cha|» ter 200, Laws of 1907, amending section 447, statutes of 1898, as amended by chapter 158, laws of 1905.) Orthography, or- thoepy, reading, writing, grammar, geography, arithmetic, ele- ments of agriculture, history of the United States, the consti- tution of the United States, the constitution of this state, and such other branches as the board may determine, shall bt taught in every district school. All instruction shall be in the English language, except that the district board or the What shall Be taught. 69 board of education may, in their discretion, cause any foreign language to be taught by. a competent teacher to such pupils as desire it, not to exceed one hour per day or the equivalent thereof, such instruction shall be given during such period or periods of the school year as the district board or board ot education may determine ; provided that the usual instruction in the regular common school branches shall at all times be offered and given in English to any pupil or pupils desiring, such instruction. And provided further that every pupil shall devote at least one-half of the school day to the study of Eng- lish branches. District boards, town boards of school directors and boards of education may provide for kindergartens, for instruction and training of primary grades, separate depart- ments or otherwise. Part of this chapter, while general in its scope, will undoubtedly be exceedingly limited in its application. The provisions do not appear to need any comment. 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 correctness." 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 pre- scribed studies for his child to pursue; and a teacher is not authorized 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. Physiology and hygiene. Section 447a. Provision shall he made by the proper local school authorities for instructing all pupils, in all schools supported by 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 70 SCHOOL LrAWS OF WISCONSIN. have the joint approval of the state superintendent and the state board of health. This section contemplates instruction in physiology and hygiene with special reference to the effects of stimulants and narcotics on the human system, for all pupils sufficiently advanced in age and scholarship. Under the guidance of an approved book, oral instruction in this topic may be given to pupils that are too immature to be benefited 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. Certificates and examinations. 71 III.-^ 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. Section 449. There shall be three grades of teachers' 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 attain- ments in each branch. No person known to the examining officer to be of immoral character, deficient in learning or abil- ity to teach or unable to write and speak the English language with facility and correctness shall receive a certificate. Certification of teachers. (Chapter 378, Laws of 1909.) Section 450 — 1. 1. Every applicant for a third grade certifi- cate shall be examined in orthoepy, spelling, reading, penman- ship, arithmetic, elementary composition and grammar, geog- raphy, the history of the United States, the civil government of the United States and of the state of "Wisconsin, physiology and hygiene with special reference to the effects of stimulants and narcotics upon the human system, school management, the manual of the elementary course of study for the common schools of Wisconsin, and the elements of agriculture ; and in addition to passing examinations in the aforesaid branches he shall have attended a professional school for teachers for at least six weeks and shall have received in such school stand- ings in school management, and in the methods of teaching reading and language, arithmetic and geography, provided^ however, that the provisions of this section relative to attend- 72 SCHOOL LAWS OF WISCONSIN. ance at professional schools for teachers shall not apply to per- sons who have taught successfully in the public schools foi at least eight months prior to July 1st, 1910. 2. In this act ''professional school for teachers" shall mean a state normal school, a county training school for teachers, any school in rank above a high school, offering a course for ti-aehers equivalent to that offered in the state normal schools of Wisconsin, or, in counties remote from a state normal school or county training school for teachers, -a teachers' institute maintained under such conditions and restrictions as may be provided for by the board of regents of normal schools, pro- vided that such institute shall be taught by at least two teach- ers and be of not less duration than, six weeks, and shall have ni connection therewith a model or practice school. 3. A third grade certificate shall entitle the holder to teach for such period, not more than one year, as may be specified therein, in the superintendent's district in which the certificate is issued. A third grade certificate may be renewed if the holder shall during the life of the certificate attend a pro- fessicnal school for teachers for a period of not less than six weeks and shall receive in such school credits in at least two subjects. The holder of a third grade certificate may also re- new the same by passing an examination in all the subjects required for a third grade certificate. Not more than three third grade certificates shall be granted after 1910' to the same person. Section 450 — 2. 1. An applicant to receive a second gradt; certificate shall have taught successfully in the public schools for at least eight months and shall pass a satisfactory exam- ination ill all the branches reqiured for a third grade certifi- cate, and in addition in physical geography, American litera- tue, English Composition, and in the cataloging and use of school libraries. The county or city superintendent may transfer the standings of a third grade certificate in force to a second grade certificate if the holder of such third grade certificate has taught a school successfully for at least eight months and has attended since receiving such third grade cer- tificate, a professional school for teachers for at least six weeks and received credits in at least two subjects. 2. A second grade certificate shall entitle the holder to teach in the superintendent's district where it is issued and shall be in force three years from the date of its issue. 3. A second grade certificate may be renewed if the holder thereof shall pass an examination in all the subjects required CERTIFICATES AND EXAMINATIONS. 73 for a second grade certificaLe. A second grade certificate may also be renewed without examination provided the holder thereof has taught successfully for two years during the life of such certificate and has attended a professional school for teachers for at least six weeks and received credits in at least two subjects. Section 450 — 3. 1. An applicant to receive a first grade certificate shall have taught successfully for at least eight months in the public schools and shall pass a satisfactory exam- ination in all' the branches required for a second grade cer- tificate, and in addition in English literature, theory and art of teaching, algebra, physics and English history. The county or city superintendent may transfer the standing of a second grade certificate in force to a first grade certificate if the holder of such second grade certificate has taught a school success- fully for at least eight, months and has attended, s.ince re- ceiving such second grade certificate, a professional school for teachers for at least six weeks and received credits in at least two subjects. 2. A first grade certificate shall entitle the holder, to teacli in the superintendent's district in which it is issued and shall be in force for five years. 3. A first grade certificate may be renewed by the county or city superintendent for one or more periods' of five years each, provided the holder has taught successfully for a period of ten years. Section 450 — 4. Whenever the supply of legally qualified teachers in any county has been exhausted the county or city superintendent with the approval of the state superintendent may issue special third grade certificates on examination m the subjects required for such certificates to as many persons as are necessary to supply the schools, provided that not more than one such certificate shall be issued to the same person. Section 450 — 5. 1. No first, second or third grade teach er's certificate shall be issued after July 1st, 1910, except as provided in sections 450 — 1 to 450 — 4 inclusive, of this act, provided further that nothing in this act shall repeal the pro- visions of section 450'a of the statutes. 2. Any person so desiring, may, however, qualify for the several grades of certificates, provided for in this act, as therein required, at any time after its passage and publication. Transfer and renewal of certificates. Section 450a. (Part of Chap. 439, laws of 1901 as amended by chap. 445, 74 SCHOOL LAWS OF WISCONSIN. laws of 1907.) 1. It shall not be lawful for any county superin- lendent to endorse a certificate issued by any other county superintendent, nor to extend the life of any certificate beyond the limits fixed by law. The papers written in any examina- tion shall not be used ag the basis for issuing a second certificate, which shall have the effect of extending the life of the certifi- cate first issued thereon, except as hereinafter provided. But in any examination for a second certificate, when the applicant has taught successfully in the superintendent district for one school year on a certificate previously issued by him, the super- intendent may, in his discretion, accept standings on papers written by the applicant in the preceding examination not to exceed five in number, in lieu of a re-examination in the sub- jects for which standings are so accepted. 2. The superintendent may allow any person while holding an unexpired certificate of the third grade, or a county training school certificate to write on any two or more of the additional branches demanded for a certificate of the second grade. If the applicant is then sucessful in securing the required standing in any two of said second grade branches, the superintendent shall issue to said applicant a new third grade certificate based upon the previous examination or upon the county training school certificate, good for one year, and if on or before the ex- piration of such new third grade certificate, the applicant com- pletes the second grade examination, the superintendent may grant him a certificate of the second grade without limitation. If at any time during the life of the second grade certificate, any applicant shall successfully write in the additional branches demanded for a first grade certificate, the superintendent may issue such first grade certificate without limitation. The purpose of this act is to encourage teachers to secure teachers' certificates better or of higher grade than those of the third grade. It really provides for what may be properly termed "a progressive examination." It also provides a method j/hereby a teacher may se- cure a third grade certificate and in certain cases a second grade, without being re-examined in the third or second grade branches. It also authorizes the county superintendent under certain cases to issue a first grade certificate without the usual limitation. But one third grade can be issued under this law without re-examination in the third grade branches. If the applicant for a certificate of the second grade fails to secure such certificate during the life of the old and the new third grade certificates, another examination in the third grade branches must be taken. The first grade certificate must be secured during the life of the second grade certificate. If not, another second grade exam- ination must be taken. It must also be understood that branches that do not reach the required standing or per cent established by the county superintendent by and with the consent of the State Superin- tendent for a second grade certificate cannot be transferred from a CERTIFICATES AND EXAMINATIONS. 75 third grade, nor can standings or per cents, lower than those required for a first grade certificate be transferred from a second grade certifi- cate. The applicant must take re-examination in the branches that fall below the minimum requirements. Preservation of examination papers. Section 450&. It shall be the duty of every county superintendent to preserve on file in his office during the life of every certificate issued by him or his predecessors, the examination papers, both questions and the answers thereto, examined by him or his predecessors, and upon which the certificate was issued; provided, that this section shall not prevent the transfer of papers to the state superintendent, as provided in section six of this act. Issue of certificate on transfer of papers. Section 450c. If any person holding a certificate desires to teach in any county or superintendent district other than the one for which his certificate was issued, the county superintendent of that county or district may request the county superintendent who issued the certificate to transfer to him the papers in his posses- sion upon which the certificate was issued, whereupon it shall be the duty of the county superintendent so requested, to transfer the papers, if any. If these papers and standings are found satis- factory by the county superintendent to whom they were trans- ferred, he may issue a certificate upon them of the same grade as the original certificate and coterminous with it, or one of a lower grade to be in force a shorter time, and he shall preserve the papers on file in his office. If the papers are found unsatis- factory, and the certificate is denied, he shall return the papers to the county superintendent from whom he received them. See also chapter 104, laws of 1899, page 78, of this code. Standard of attainment in branches required for certifi- cates. Section 451. Each county superintendent shall establish for his county, subject to the approval of the state superintendent, the standard of attainment in each branch of study which must be reached by each applicant before receiv- ing a' certificate. The standard so established shall be unifonii in the county or superintendent district and no certificates shall be issued until the standard is established. The standard in the branches of study common to the third grade and the secona grade certificates shall be higher for the second than for the third grade certificate, and the standard in the branches com- mon to the second grade and the first grade branches shall be higher for the first grade than for the second grade certificate. 76 SCHOOL LAWS OF WISCONSIN. The county superintendent may demand an examination in such additional branches as the applicant may be required to teach, and whenever he shall deem it necessary he may require a re- examination of any teacher in his county or superintendent dis- trict for the purpose of ascertaining his qualifications to con- tinue as such teacher. Comments relating to the standard of attainment will be found lai- der section 461. This provision enables the superintendent to act upon the facts within his own knowledge in the accomplishment of the end contemplated in section 453. The re-examination authorizes him to pass judgment upon the teacher with reference to his learning, ability to teach, and moral character. If found deficient in any of these par- ticulars to such a degree that his continuance as a teacher would be prejudicial to the interests of education, the certificate should not be granted. Th^e superintendent may base his judgment as to the teacher's ability upon the results of the observations made by him during school visitation. Care should be exercised that the observed conditions are of a permanent character and evidence the real condition of the school, as the authority to demand a re-examination of a teacher can lawfully be exercised only when there is good and sufficient cause for it. At least five days' notice should be given to the board and the teacher of the time and place when and where the examination will be held. When the exigencies of the case demand the immediate removal of the teacher, it is advisable to confer with the board with a view to secure his dismissal on the grounds of failure to perform his con- tract. Upon the board's failure to act, it will be proper for the super- intendent, in the discharge of his duty, to exercise the authority with which the statute clothes him, that is, he may annul the teacher's cer- tificate, whereupon the contract will expire by force of law. See sec- tion 438. If the case arises near the close of the teacher's term, it may be the better course to require the teacher to appear at the next public ex- amination; the facts and circumstances of each case should control the action of the superintendent. Appeal to state superintendent from markings by county superintendent, Seotion 452. Any applicant re- fused a certificate as teacher by the county superintendent, may apply to the state superintendent for a re-examination. The superintendent upon demand, shall give any applicant refused a certificate a written statement of the reasons of such refusal, which shall be presented to the state superintendent by the per- son desiring re-examination. If upon such re-examination the state superintendent shall be satisfied that such applicant ib legally qualified, he shall issue a certificate of the proper grade, which shall entitle him to the same privileges as if it had been is- sued by the county superintendent. In the exercise of his powers of general supervision of the schools, the state superin- tendent is hereby authori'zed to call for the examination papers, both questions and answers, of any person to whom a certificate has been granted, and it is made the duty of all county superin- CERTIFICATES AND EXAMINATIONS. 77 tendents to furnish such papers when so called for. If, upon examination of the papers, the state superintendent is satisfied that the person to whom the certificate has been granted is not qualified, he may annul the certificate. An appeal from the action of a county superintendent in refusing to grant -a certificate must be conducted according to the rules and regulations of the department governing appeals. As the county su- perinendent fixes the standard of attainment under the advice of the state superintendent, no appeal need be taken under the impression that the standard will be lowered. If the refusal is for want of literary qualifications, a re-examination will probably be necessary. If for other reasons, the decision will be rendered according to the evidence submitted. The forms and rules to be observed in taking an appeal will be found under section 497. Countersignature of high school diploma by county su- perintendent. Section 452a. The free high school board shall make out and deliver to each graduate of the high school at the time of graduation, a certificate of his standing in the branches pursued by him in such school; and if such graduate of a high school, having a four years' course receive a first grade certificate from any county superintendent, and furnish to him or to any other county superintendent, a certificate from the free high school board that includes a satisfactory standing in theory and art of teaching, based on a study of this subject in a free high school for at least twelve weeks, and furnish also satisfactory proof of having taught successfully at least one school year, under such first grade certificate, such county su- perintendent may countersign his certificate of graduation or diploma at any time before the expiration of the first grade certificate, and affix the date of such signature thereto. The diploma so countersigned shall have for the period of five years thereafter, the force and efi^ect of a first grade certificate. It shall be lawful for more than one county superintendent to countersign the diploma, but no countersignature shall have the effect of extending the diploma as a first grade certificate be- yond the expiration of the five years immediately following tlie date of its first countersignature. Eight months' teaching may under this section be considered as one year of teaching. The proof of satisfactory work should be ob tained from the officers of the district in which the teaching has been done. If the applicant has taught in more than one district, testimo- nials signed by the officers of each board should be furnished. The teaching required must be done in a public school. The high school officers should make it a part of their duty as a board to issue the certificates of standings to the graduates of their schools. 78 SCHOOL LAWS OF WISCONSIN. Required studies in high schools for countersignature of diploma. Section 496a. The state superintendent shall pre- pare a course or courses of study suitable to be pursued in free high schools, publish the same and furnish the same upon appli- cation. He shall exercise such personal supervision and make such personal inspection of the work of all such schools as they 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 teaching in high schools, and grant certificates to such as pass examinations satisfactorily, which 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 ma> 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 organ- ization and administration of local school systems. Such a course of instruction shall be open to all students in this school and a satisfactory standing in the work of this course shall be a condition 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- turns as to the number, age and sex of all pupils enrolled, the number in each class or year in the course of study, the number pursuing English branches only, the number completing the course of study each year and such other statistics as may be deemed necessary. This section relates more especially to the free high schools and will also be found printed in that part of this volume relating to such schools. Final normal school standings may be accepted by county superintendents. Section 1. (Chapter 104, Laws of 1899.) Any school superintendent or officer authorized to grant certificates to teachers in the common schools, is hereby authorized, in his discretion, to accept standings obtained by the completion of studies in any normal school of the state, when duly certified by the president of said normal school, in lieu of actual examination by said superintendent or examiner, at any time within three years after such standings were first obtained and recorded in said normal school. The provisions Certificates and examinations. 79 of this section shall apply to certificates of the first, second or third degrees. By this act additional discretionary powers are given to county superintendents in certain cases. Certificates for teachers of special branches in cities. Section 1. (Chapter 148, Laws of 1899.) Any city superin- tendent of schools may issue certificates to teachers of special branches qualifying them to teach such branches in the schools under his supervision, after such examination as to their fitness to teach such branches as may be provided by the school board and approved by the state superintendent. By this law, the powers of city superintendents of schools are some- what enlarged. Charges against teachers. Section 453. If any charges be made in writing to any county superintendent over the sig- nature of a complainant against any teacher in the superintend- ent's district, affecting his moral character, learning or ability to teach, the superintendent shall give to the complainant, the teacher and the board by whom he is employed at least ten days' notice in writing containing a statement of the charges and of the time and place when and where he will hear the same. He shall proceed according to the notice to hear the proofs on either side and give the accused a reasonable opportunity to defend himself; he may administer oaths, and if he fhid the charges sustained and sufficient, annul his certificate; but the teacher shall not be disqualified thereby until notice containing his name, the date of and reasons for such annulment be filed in the office of the town clerk and a copy thereof delivered to the clerk of the district in which the teacher is employed. Immoral character, deficiency in learning, or inability to teach, is cause for the annulment of a teacher's certificate. The superintend- ent should listen to complaints made under these heads. Upon presen- tation of specific charges, he should file copies of the complaint with the teacher and with the district hoard, and name a suitable time and place for pursuing the inquiry formally. If the charges be sustained by convincing evidence presented by the complainant, and the rebuttal made by the teacher fail to exculpate him, the superintendent may annul the teacher's certificate. In case of a charge of deficiency in learning, the superintendent may re-examine after suitable notice, and may annul the certificate for cause; and in case of charge of want of ability to teach, the superintendent should inspect the school. If he find the charges well founded he may advise the board to discharge the teacher, or he may proceed as directed in the comments under section 451. In all steps taken the superintendent is a judge, the teacher is defendant, and the complainant should sustain his charge by convincing proof. Any annulment of a certificate is subject to ap- peal and to reversal by the state superintendent. 80 SCHOOL LAWS OF WISCONSIN. State certificates — High school principal's certificates. Section 454. The state superintendent shall, before the fourth Wednesday of August in each year, appoint three competent persons, residents of this state, who shall constitute a board of examiners. Said board shall meet at the capitol once or more each year, at such times and also at such other places as the state superintendent shall prescribe, for the examination of all applicants for state certificates ; provided, the state superin- tendent is hereby authorized to examine principals of high schools and of free high schools who shall have been elected superintendents of the city schools containing such high school, and to grant certificates to successful candidates, valid for one year and in a single locality. The state superintendent shall prescribe the manner of making application, of conducting and managing such examinations, reporting the results thereof, and, with the advice of the examiners, in what branches of study, in addition to those fixed by law, the applicant for an unlimited state certificate shall be examined. , Any one who contemplates writing under the state board of exam- iners for a state certificate, either the county superintendent's, the limited or unlimited, should apply to the state superintendent for a copy of the program of the examinations and the governing rules and regulations. What branches; effect of certificate. Section 455. To entitle an applicant to a limited state certificate the " examiners shall be satisfied and report to the state superintendent that he possesses the requisite scholarship in all the branches of study required for a first grade county certificate, and also in mental philosophy and English literature. To entitle him to an un- limited state certificate they shall be satisfied and report that he possesses the requisite scholarship in all the branches above named and in such others as shall have been prescribed. He shall furnish to the examiners such evidence of good moral character, experience and success in teaching as they may re- quire, and upon their recommendation the state superintendent shall issue to him such certificate as is awarded by their report. A limited state certificate shall qualify him to teach in any public school without further examination for five years from its date, unless sooner annulled, and an unlimited state certifi- cate until annulled. Record of examination. Section 456. The state super- intendent shall record the date of each certificate and the name, age and residence of the person to whom issued; and he shall CERTIFICATES AND EXAMINATIONS. 81 preserve on file in 'his office all papers relating to the examina- tion of applicants for state certificates. Compensation of examiners. Section 458. There shall be paid out of the state treasury to each examiner appointed as aforesaid five dollars per day for all time actually and neces- sarily spent in going to. holding and returning from any such examination, and all his actual and neces-iary expenses therein, to be fixed and certified by the state superintendent. Certificates are granted on examinations conducted by oral and writ- ten questions, and upon the filing of evidence of moral character and of successful teaching. Stationery is furnished free and no fee is charged for certificates. LIMITED CERTIFICATES. The requirements for these ceitificates are that each candidate should pass a satisfactory examination on all the branches requiied for a first grade certificate (see section 450 as amended by section 1, Chap. 378, Laws of 1909), and in addition on psychology. Satisfactory evi- dence of good moral character and of success in teaching for at least twelve months is also required. Candidates are allowed to write at three successive sessiohs of the board of examiners, to complete the work. UNLIMITED CERTIFICATES. In addition to the examination provided for limited certificates, can- didates for unlimited certificates must pass a satisfactory examination in botany, political economy, history of education, zoology, general history, and in geology,, or chemistry, or astronomy as the applicant may choose. Latin may be substituted for the critical study of Eng- lish liteiature. They must also furnish evidence of gcod moral char- acter and of having taught successfully at least twenty-four months. Applicants for state certificates should write to the state superin- tendent for leaflet: Directions to candidates. City superintendents are frequently authorized by charters to exam- ine and issue certificates to all teachers employed in the city. If elected to the principalship of schools the city superintendent may find it difficult to qualify under other statutes. Section 454 authorizes the state superintendent to examine and issue a cerificate without con- vening the board of examiners. Principals should apply for direction before entering upon service. State teachers' certificates — licenses, etc. — how ob- tained. Section 458fl. (Chapter 579, Laws of 1907, repeal- 'ing sections 458a, 458b, 458d, 458g. 458h, statutes of 1898, as amended by chap. 171, Laws of 1901, and section 1, chapte'r 64, Laws of 1903, and creating four new sections.) The holder oi a teacher's state certificate granted by another state, which is equivalent to the Wisconsin unlimited state certificate, may receive from the state superintendent, upon the recommenda- tion of the Wisconsin state board of examiners, a Wisconsin unlimited state certificate. The applicant shall furnish such 6— S. L. 82 SCHOOL LAWS OF WISCONSIN. evidence of learning and good moral character as the board may require and also of two years' successful experience in teaching in the public schools of Wisconsin subsequent to the date of issuance of the foreign state certificate. The holder of such state certificate upon which a Wisconsin state certifi- cate has not been issued in accordance with the provisions herein mentioned, may upon the recommendation of the state board of examiners, be granted a special license by the state superintendent, said special license legally qualifying the holder to teach for two years in a public school in Wisconsin. Section 458b. The state superintendent shall issue to the holder of a diploma, granted by the board of regents of normal schools to any person who completed the kindergarten train- ing course established by said board in any of the state normal schools, a license entitling the holder to teach in any public kindergarten in this state for one year. The holder of such a diploma may receive an unlimited state certificate, entitling him to teach in any public kindergarten in this state for life, unless sooner revoked, upon the furnishing of evidence of good moral character, and cne year's successful teaching after grad- uation, in a public kindergarten in the state of Wisconsin, to- gether with the certificate required in section 458b — 2. Section 458b — 1. The state superintendent shall issue to the holder of a diploma granted by the board of regents of normal schools to any person who completes the training course for teachers of manual training or domestic science, es- tablished by said board in any of the Wisconsin state normal schools, a license entitling the holder to teach manual training or domestic science for one year in any school forming fc. part of the public school system. The holder of such diploma may receive an unlimited state certificate entitling him to teach manual training or domestic science in any public school in this state for life, unless sooner revoked, upon furnishing evidence of good moral character and one year's successful teaching of such branches, after graduation, in a public school in the state of Wisconsin, together with the certificate re- quired in section 458b- — 2. Section 458b — 2. 1'. The president of the University of Wisconsin shall issue to all graduates of the regular collegiate courses of such university, a certified statement showing the name of the graduate, the date of graduation, the course from which graduated, and the said graduate has completed the course of pedagogical instruction prescribed by the, university for all persons who intend to teach. This certificate when pre- CERTIFICATES AND EXAMINATIONS. 83 sented to the state superintendent, shall entitle the holder thereof to receive a license qualifjdng the holder to teach in any public school in the state of Wisconsin for one year from the date of issuance. 2. The president of each state normal school shall issue to the graduates of the full course of the normal school, as well as to the persons completing the elementary course, a state- ment bearing even date with the diploma or certificate, setting forth the name of the person and the course from which grad- uated. This certificate when presented to the state superin- tendent, shall entitle the holder thereof to receive a license, qualifying the holder to teach in the public schools of Wiscon- sin for one year from date of issuance, 3. The state superintendent, upon the presentation of a statement hereinbefore mentioned in this section, and satisfac- tory evidence of good moral character, and one year's success ful teaching after graduation in the public schools of the state of Wisconsin, shall issue certificates as follows: To any per- son who shall hold a university or normal school diploma, an unlimited state certificate ; to any person who shall hold a normal school elementary certificate, a limited state certificate, qualifying the holder to teach in a public school for a period not to exceed six years from the date of issuance of the normal school certificate. Neither a limited state certificate, nor a license to teach based upon the certificate from the elementary course of a normal school shall qualify the holder as princi- pal of a free high school having four years course of study. Diplomas — State certificates. Section 458c. (As amended by Chapter 237, Laws of 1899.) The holder of a di- ploma granted by any incorporated college or university whose regular collegiate courses are fully and fairly equivalent to corresponding courses of the University of Wisconsin, or the holder of a diploma granted by a state normal school whose courses of study are fully and fairly equivalent to the courses of study in the Wisconsin normal schools, may present such di- ploma, together with evidence of the required standing of the college, university or normal school granting the same, to the board of examiners. The applicant shall furnish therewith testimonials of good moral character, and, if a holder of a di- ploma granted by any such college or university located within this state, of one year's successful teaching in a public school after the date of said diploma ; if a holder of a diploma, granted 84 SCHOOL LAWS OF WISCONSIN. by any such college, university or normal" school not located with- in the state, the applicant shall furnish therewith like testimo- nials of good moral character, and of two years' successful teach- ing in a public school after the date of said diploma. The holder of any such diploma recommended favorably by the board shall be entitled to receive an unlimited state certificate. The holder of a diploma granted upon the completion of a course of study accredited as herein provided, upon which a SL^te certificate has not been issued, upon the recommendation of the board of examiners made in pursuance of such examina- tion as to learning, moral character and ability to teach as said board may require, may be given a special license by the state superintendent to teach for two years in a public school. These sections are of interest only to those who have graduated from some normal school, college, university, kindergarten school or de- ]jartment, manual training or domestic science school or department, and teachers who have secured state certificates in other states. It provides that in place of countersigning diplomas, the state superin- tendent shall issue state certificates. This will make it unnecessary to file the diplomas with the state superintendent, but certain creden- tials, testimonials, etc., as evidences of scholarship, ability, and char- acter, must be filed with the state superintendent before the state cer- tificate will be granted. E-evocation of state certiiicate, etc. Section 458e. Any state certificate or license, or the equivalent of them, may be revoked by the state superintendent for incompetency or im- moral conduct; but before any such revocation the holder shall be served with a written statement of the charges against him and shall have an opportunity for defense. Diploma of Milwaukee high school. Section 458/. The state superintendent, after such examination as to moral char- acter, learning and ability to teach as to him may seem proper and reasonable, may countersign the diploma of any graduate of the Milwaukee high school and the normal department thereof, received from the school board of Milwaukee, who has taught successfully in a public school in this state for five years, and the diploma of such graduate, so countersigned, shall be evidence of his qualifications to teach in any common school and have the force and effect of an unlimited state certificate. Kindergarten teachers — Legal qualifications. Section 458g. (Chap. 317, laws of 1907, amending section 458g, Stat- utes of 1898, and section 1, chapter 69, laws of 1903.) Ai CERTIFICATES AND EXAMINATIONS. 85 diploma granted by the board of regents of normal schools to any person who completes the kindergarten training course es- tablished by said board in any of the state normal schools, shall be regarded as a certificate legally qualifying the holder thereof to teach for one year in any kindergarten forming a part of the public school system, or in the first three years of the primary grades of such system (the words "primary grades" shall be construed as in sectioD 1 of chapter 248, laws of 3905) ; and the state superintendent may, after such examination as to moral character, learning and ability to teach as to him may seem proper, countersign such diploma if, since receiving it, the holder has taught in a public kindergarten or in primary grades in this state one year, and thereafter such countersigned diplomas shall qualify to so teach until the same shall be an- nulled. See section 45Sb for directions as to licenses and state certificates. The diploma is no longer to be considered a license and no more diplo- mas can be countersigned. The license and state certificate mentioned in section 458b legally quality the holder to teach in primary grades as designated and interpreted in ssctiou 458g printed above. Section 458q. 1. The holder of a diploma granted by any Icindergarten training school whose course of instruction is fully and fairly equivalent to the course of instruction in kin- dergarten training prescribed by the board of regents of nor- mal schools in any of the state normal schools, may present such diploma, together with evidence of the recpiired standing of the kindergarten training school issuing such diploma to the state board of examiners. 2. The applicant shall furnish therewith testimonials of good moral character and of one year's successful teaching in a kindergarten or primary grades in the public schools in Wis- consin after the date of such diploma. 3. The holder of any such diploma recommended favorably by the board shall be entitled to receive a certificate issued by the state superintendent qualifying the holder to teach in any public kindergarten or primary grade in the state, until the same shall be annulled. 4. The holder of a diploma granted upon the completion of a course of stl^dy accredited as herein provided, upon which a state certificate has not been issued, upon the recommendation ot the board of examiners made in pursuance of such examina- tion as to learning, moral character and ability to teach as said board may require, may be given a special license by the state 86 SCHOOL LAWS OF WISCONSIN. superintendent to teach for one year in any kindergarten or in primary grades in the public schools of Wisconsin. Under the provisions of this chapter a teacher who holds a counter- signed liindergarten diploma, or a license or state certificate based upon a kindergarten diploma, is legally qualified to teach in the lower grades of the public school, provided that such teaching shall be confined to the first three years' work. The law is also retroactive inasmuch as it enlarges the legal qualifications of those who have received counter- signed diplomas in past years. Section 2. An unlimited state certificate qualifying the holder to teach in any public kindergarten in the state until annulled, shall be issued by the state superintendent to any person recommended for such certificate by the state board of examiners, after such examination as shall satisfy the examin- ers that the applicant possesses the requisite scholarship in all the branches prescribed in the course of instruction for kinder- garten training by the board of regents of normal schools for any of the state normal schools ; provided, further, that the applicant shall furnish to the examiners such evidence of good moral character, experience, and success in teaching as they may require. Section 3. In addition to the foregoing there are hereby established three grades of certificates for kindergarten teach- ers, to be known as first, second, third. Every applicant for a kindergarten certificate shall be examined in the subjects here- inafter mentioned for the several grades respectively, as fol- lows: For the third grade in orthoepy, orthography, reading, writing, arithmetic, English grammar, physiology and hygiene with special reference to the physiology and hygiene of child- hood, drawing, music, juvenile literature, and theory and art of kindergarten teaching. For the second grade, in all the foregoing, and also in general literature and the elements of botany. For the first grade, in all the foregoing, and also in the history of education as related to the development of the kindergarten, and in the elements of zoology. If found quali- fied, the applicant shall receive the certificate of appropriate grade. The third grade certificate shall entitle the holder to teach in any kindergarten for such period not more than one year as may be specified therein, in any town or city in the superintendent district in which the applicant is examined, ex- cept that it may be limited by the county or city superintend- ent to one town or school therein. A second grade certificate shall entitle the holder to teach in any kindergarten in any CERTIFICATES AND EXAMINATIONS. 87 tcwn or city in such superintendent district, and be in force for two years from its date. A first grade certificate shall entitle the holder to teach in any kindergarten in any town or city in such superintendent district, and be in force for four years from' its date; but the county or city superintendent may limit the same to one year and remove the limitations upon satisfac- tory evidence that the holder has successfully taught in a pub- lic kindergarten in this state for at least six months. If a per- son pass a satisfactory examination by any county or city superintendent and obtain a certificate of either grade, and propose to teach in another superintendent district, it shall be lawful for the superintendent holding the papers written at the examination for such certificate, upon the request of any county or city superintendent, to transfer such papers to him, and if found satisfactory, a certificate thereon, of the proper grade, to be coterminous with the original certificate, may be issued by him, to the same effect as though he had examined the applicant himself. Section 4. After July 1, 1902, no person shall be deemed a legally qualified kindergarten teacher in the state of Wiscon- sin who does not hold a certificate granted by the proper officer under the provisions of this act; provided, that nothing herein shall operate to invalidate kindergarten certificates issued un- der the authority of the board of education of any city prior to the passage of this act; nor to effect the validity of kinder- garten certificates issued under the provisions of section 458g ()£ statutes, and provided further, that the provisions of this act shall not apply to cities of the first class. Other diplomas; special license. Section 2. The holder of a diploma granted by any manual training school or school of domestic science, upon the completion of a training course for teachers in either subject fully and fairly equivalent to the course of instruction for teachers in the same subjects pre- scribed by the board of regents of normal schools, may present such diploma, together with the evidence of the required stand- ing of the training schcol issuing such diploma, to the state board of " examiners. The applicant shall furnish therewith testimonials of good moral character and of two years' success- ful teaching of manual training or domestic science, as the case may be, in the public schools of the state after the date of such diploma. The holder of any such diploma, reconniiended fa- vorably by the board, shall be entitled to receive a certificate §8 SCHOOL LAWS OF WISCONSIN. i&siied by the state superiutendeiit, qualifying llu; lioldcr as a teacher of manual training or of domestic scionc^e, until tlie same shall "be annulled. The holder of a diploma granted upon the completion of a course of study, accredited as herein pro- vided, upon which a state certificate has not 1/'m>u issued, upon tlie recommendation of the hoard of examiners made ifi pursu- ance of such examination as to learning, moral charact.'r and ability to teach as said board may require, niay be given a special license by the state superintendent to teach jiianual training or domestic science as recommended by the board, for two years in the public schools of the state. State superintendent; special licenses; state certifi- cates; diplomas. (Chapter 231, Laws of 1905.) Section 458i. The state superintendent is authorized and ciapowered to countersign diplomas and issue state certificates to persons who are engaged in superivising work in the public schools or teaching in colleges or normal schools, otherwise legally quali- fied under existing statutes or are recommended by the state board of examiners. Section 458j. The state superintendent may issue a special license good only until the nexc meeting of the state board of examiners in cases where the applicant gives satisfactory evi- dence that his qualifications and credentials shall meet the requirements of the board of examiners; said temporary license to be issued only in urgent cases and in order that the school board, or board or education may be legally authorized to pay the salary of said teacher from the funds of the district for services rendered. Section 458k. The state " superintendent may upon the recommendation of the state board of examiners, grant a spec- ial certificate legally cpialifying the holder to teach such special branch or hranches in the public schools as may be named on the face of the certificate. Section 458 1. Upon the recommendation of the state board of examiners an applicant may be granted a limited special certificate qualifying him to teach not more than one special branch in the public schools, said certificate being limited to one particular school or district to be named in the cer:ificate, said certificate to be null and void in any other school or dis- trict. Qualifications of teachers. Section 1. (Chapter 120, Laws of 1899.) After the fir^t day of July, 1900, graduates CERTIFICATES AND EXAMINATIONS. 89 of colleges and universities, in order that their diplomas may become an authorization to teach in the public schools of this state, as now provided by law, must present with them to the state superintendent of public instruction satisfactory evidence of having given to psychology and pedagogy at least as much study as is required, in this state, of candidates for a life certificate. The circular relating to state examinations will give some idea as to what this requirement is. The above sections and chapters cover points relating to tlie coun- tersignature of diplomas and state certificates and the issuance of li- censes and certificates by the state superintendent. The testimonials sent must be originals, not copies, and the statements made in regard to moral character must be clear and specific. In securing evidence of tlie moral character and success in teaching necessary before di- plomas from normal schools and state universities can be counter- signed the following information must be given: Name and address of the superintendents under whom you have taught months. Name and address of the principal under whom you last taught, if you tauglit in a graded school or as an assistant in a high school; grade of work: Names and addresses of two members of the school board by whom ycu were employed when you last taught: If during- your month's teaching you have been employed by more than one board, give the names and addresses of two members of each two boards: Name of any ether well known school man v/ho has personal knovv'l- Gdge of your woik in the class-room: Prom what seliool do you liold a diploma? Prom what course? .....' Date of diploma Have you passed an examination for a state certificate? If so, when? Where? If you hold a diploma, or a state certificate from another state upon which document you apply for a state certificate in Wisconsin, forward the document so held to the state superintendent, if he has not already received it. Your name Address Date This information must be mailed to the state superintendent. Blanks prepared for giving this information will be promptly mailed to any one wishing to mai^e application foi- countersignature of his diploma oi' recognition of his certificate. The state superintendent will communi- cate at once with tlie parties named and receive their estimates of the work and chaiacter of the applicant. Legal school holidays — Attendance upon institute or teachers' association. (Chapter 92, Laws of 1907, amend- ing section 459, Statutes of 1898, as amended by chapter 326, 90 SCHOOL DAWS OP WISCONSIN. Laws of 1903.) Section 459. Twenty days of teaching shall constitute a school month unless it be otherwise specified in the contract, and all legal holidays, except the day of any pri- mary election or any general election occurring 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 Saturday shall be counted. The board may give to any teacher employed, without deduction from his wages, the whole or any part of any time spent by him in attending the sessions of any institute held in the county embracing any part of the district, or in attending the meeting of any teachers' association upon such teachers furnishing to the clerk, to be filed by him a certifi- cate of regular attendance On such institute or teachers' asso- ciation, signed by the person conducting the institute or by the secretary of the association. This chapter abolishes general election day (the first Tuesday after the first Monday in November in every even numbered year and pri- mary election day, the first Tuesday in September in even numbered years), as legal holidays. Legal holidays can only be counted in favor of the teacher or the school district when they occur on school days and when school under other circumstances would be in session. Thtj school holidays now recognized by statute are: January 1st, February 22nd, May 30th, July 4th, Labor Day — usually occurring the first Mon- day in September in accordance with a proclamation by the Governor — Thanksgiving Day — usually the last Thursday in November — and Christmas Day. When legal holidays occur on Sunday, the following Monday is the holiday. 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. It is recommended that school boards exercise the power given in this section, and allow teachers to attend institutes without deducting the time. The consent of the board to attend an institute or associa- tion occurring while school is in session must be obtained from all or a majority of the board at a board meeting held under the provisions of section 432. 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 the county superintendent or state superintendent may require; which register 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 the county superintendent a report concerning any matter relating to his school in such manner as the board or the superintendent may prescribe; and any teacher who CERTIFICATES AND EXAMINATIONS. 91 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 Avilful neglect or refusal to comply with this requirement. 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 town 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 furnished by the teacher and are helpful in securing accurate reports from school officers. 92 SCHOOL LAWS OF WTSOONSIN. I\ .- THE COUNTY AND THE CITY SUPERINTENDENT. Eligibility. Section 702a. (Amending section 2 of Chap, 583, Laws of 1907, amending Chap. 351, Laws of 1899, amend- ing section 38 of Chap. 5 of the Laws of 1898.) * '^ * In no case shall a county clerk * * * place the nam^e of any person upon such ballot (election ballot) as a candidate for the office of county suparintendent of schools unless such person shall have filed in said clerk's office at least ten days before the day of ekiction at which such superintendent is elected proof of having sueeessfully taught in one or more of the public schools of this state for a period of eight months, and a copy of a certificate entitling him to teach in any such school, or of a certificate known as a county superintendent '\s certificate, un- less such peirson, before the first day of May, 1895, had held tli'e office of county superintendent of schools of this state. See section 38, Wisconsin statutes of 1898. Any one of tlie follov.ing 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. f). Any college or university diploma, bearing the countersignature of a Wisconsin state superintendent. 6. A special license gianted 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 COUNTY AND THK CrrY SUPERINTENDENT <);5 the Milwaukee high school and the normal department thereof, if countersigned by a Wisconsin state superintendent. 8. A limited state certificate or a first or second grade county cei- tificate countersigned by a Wisconsin state superintende\t under the provisions of chapter 203, laws of 1882. (Chapter 303, laws of 1832, has been repealed.) 9. A state certificate granted by any other state, that has been couu- tei signed by a Wisconsin state supei-intendent. 10. The county superintendent's certificate, issued by a Wisccirain state superintendent in accordance with section 461g. 11. The certificate authorized by section 458h, if in force at the time of nomination and election. Election of coiinty or district superintendents. (Chap- ter 307, Laws of 1903, amending- Section 698 of the Statutes of 1898.) Section 698. At the general election in the year one thousand nine hundred and four and biennially thereafter, there shall be elected in each county for a regular term, tlu; following county officers, viz. : A county clerk, treasurer, sheriff, coroner, clerk of circuit court, district attorney, regis- ter of deeds and surveyor. The regular term of office of all such officers shall commence on the first Monday of January next succeeding their election and continue two years; but each such officer, including those now in office, shall hold his office until his successor is qualified. A superintendent of schools shall be chosen by the qualified electors of each superintendent district in the state of Wiscon- sin, at the election to be held on the first Tuesday in April in the year one thousand nine hundred and five and biennially thereafter, and said officer shall hold his office for the tei-m of two years from the succeeding first Monday of July. The county or district superintendent chosen at the general election in November, A. D. 1902, or thereafter appointed, shall hold and continue in office as such, until the first Monday in July, A. D. 1905, and their successors shall be chosen as herein- before prescribed at the election in April, A. D. 1905. The superintendent of each district shall hold his office until his successor is elected and qualified. The county board of super- visors of every county, at the annual meeting next precedng the election of such superintendent or superintendents, shall fix the amount of salary which shall be received by the super- intendent of schools of each superintendent district within said county except the city superintendent of schools of any city, and may allow such actual and necessary traveling expenses within and without the county, as may be reasonable and just; the same to be audited, allowed and paid in the same manner 94 SCHOOL LAWS OF WISCONSIN. as other claims against the county are audited, allowed and paid. City superintendent of schools. (Chapter 86, Laws of 1909 amending Chapter 360, Laws of 1903, as amended by Chapter 388, Laws of 1905.) Section 926—115. In all cities except cities of the first class, there may be elected * * by the board of education or the board of school commissioners^ a city superintendent of schools for a term not to exceed three years, whose duties shall be : 1. To examine and license teachers according to the statutes. 2. To supervise the administration of the courses of study. 3. To have general supervision of the professional work of the schools of the city, including the holding of teachers' meetings and the promotion of pupils. 4. From time to time to make a written report to the board of education or board of school commissioners, as the case may be, embodying such recommendations relative to the employ- ment of teachers, adoption of text-books, changes in the course of study, enforcement of discipline, and such other matters as said superintendent may deem for the best interests and welfare of the city schools. 5. To make such other reports and to perform such other duties as the board of education or board of school commis- sioners may direct and which are not in conflict with the pro- visions of this act. The board of education or the board of school commissioners shall determine the annual compensation to be paid said city superintendent of public schools from the school funds of the city. Superintendent not to engage in other business. Sec- tion 2. This act shall apply to all cities, except those of the first class, in which a city superintendent of schools is elected or appointed by the board of education or the board of school commissioners, and no city superintendent of schools shall en- gage in any other profession or occupation or pursuit for such time or in such manner as shall interfere with the proper dis- charge of his duties as such superintendent during the term for which he is elected ov appointed. A violation of any of the provisions of this section shall subject the offender to removal from office, provided that nothing in this act shall be eon- THE COUNTY AND THE CITY SUPERINTENDENT 95 strued to bar any city superintendent of schools from being principal of, or teaching in any school under his supervision, and no person shall be eligible to the office of city superintend- ent of schools whose legal qualifications are not equivalent to those required for the principalship of a free high school hav- ing a course of study requiring four years for its completion. City superintendent — Secretary. Section 3. The board of education or board of school commissioners in all cities, ex- cept cities of the first class, shall annually choose one of their own number to act as chairman and shall choose a secretary ,who may or may not be a member of the board. It shall be the duty of said secretary to be present at each board meeting ; to keep in full in a book provided for that purpose, the minutes of such meeting and to perform any other clerical duties un- der the direction of the board at such compensation as the board may fix. It is further provided that said city superintendent of schools shall not be eligible to membership on the school board nor to act or be elected as president or chairman thereof. City superintendent to attend convention. (Chapter 253, laws of 1909.) Section 926— 117m. It shall be the duty of each city superintendent to attend annually one convention called and held by the state superintendent for the purpose of consultation upon matters pertaining to the supervision and management of city schools. Each superintendent shall be re- imbursed his actual and necessary expenses incurred for travel, board and lodging because of attendance upon such convention such bills to be audited and allowed by the boards of educa- tion upon presentation of an itemized statement of expense accompanied by a certificate of attendance signed by the state superintendent. Superintendent districts — Effect upon cities. Section 703. The county board of each county having over fifteen thousand inhabitants according to the census last preceding division, may divide such county into two superintendent dis- tricts, to be called superintendent district number one and superintendent district number two, by resolution, specifying therein the territory included in each and every such division, and every like division heretofore made shall remain in force until rescinded by resolution of the county board. Unless so divided each county shall constitute a superintendent district, but every city having a board of education, a superintendent 9(5 SCHOOL LAWS OF WISCONSIN. of schools or other hoard or officer vested with power to exam- ine and license teacherj and supervise and manage the schools therein, shall be exempt from the provisi( ns of this section and all provisions relating to county superintendents of schools, except so far as required to make reports to the county super- inteiulent of the district in which siu'h city is situated; and tliv electors of such city shall have no v('ice in electing such county superintendent, and the supervisors from such city shall have no voice in the connty board in determining 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 county superintendent in office to either district, and tlib state superintcjulent shall appoint a county superintendent for the other district, to hold until his successor i ; elected and ({ualified according to law. The accei)tancc of the office of county supervisor by any county superintendent of schools shall vacate his office. Salary, expenses and bond. Section 704. (as amended by Chapter 518, Lav/s of 1905) . The compensation of -county and district superintendent 3 of schools shall be fixed by the county board of supervisors and shall be an annual salary of not less than five hundred dollars in counties or superintendent districts containing more than five thousand and les; than nine thousand inhabitants and not less than nine hundred dollars in county or superintendent districts containing more than nine thousand inhabitants, but in no county or superintendent dis- trict containing over six thousand inhabitants shall the salary be fixed at less than five hundred and fifty dcUars and in comities or superintendent districts containing over seveix thousand inhabitants, the salary shall not be fixed at less than six hundred dollars, and in counties or superintendent districts containing over eight thousand inhabitants the salary shall not be fixed at less than seven hundred and fifcy dollars and in counties or superintendent districts containing more than nine thousand inhabitants the salary shall not be fixed at less than nine hundred dollars and in estimating such populations, all cities under the supervision of city superitendents of schools shall not be counted. The county boards of supervisors shall allow for stationery, postage and printing such amount as the county or district superintendent shall certify to be actually necessary, not to exceed one hundred dollars in counties or superintendent districts containing less than five thousand in- THE COUNTY AND THE CITY SUPERINTENDENT fJ7 habitants, and not exceeding two hundred dollars in district 5 containing' more than five thousand inhabitants, and may allow such superintendent such sum in addition to his compensation and other allowances specified above as he shall certify he has actually and necessarily expended in defraying traveling ex- penses while engaged in the discharge of the duties of his office; provided that no more than two hundred fifty dollars shall be allowed for such expenses in any one year to each superintend- ent. The superintendent shall make and present an itemized statement of these accounts, said statement or account to be audited at the annual meeting of the board of supervisors. The limitations of this section shall not apply to counties for which different limitaticnj have been made by special acts. Each county or district superintendent shall be reimbursed his actual necessary expenses incurred in traveling from his resi- dence to the place of holding the nearest or most accessible con- vention of county superintendents called by the state superin- tendent; his hotel expenses during the time he actually attended such convention and his expenses incurred in returning to his place of residence. An itemized statement for such expenses '3hall audited by the county board upon the presentation thereof with the certificate of the state superintendent attached, showing the attendance of the county or district superintend- ents on such convention for the time specified in the statement, and not more than one such account shall be paid for any one superintendent for each year. Each coimty or district super- intendent shall give a bond with such sureties as the county board of supervisors may approve for the proper performance of his duties under the law providing for a county teachers' in- stitute fund, which bond shall secure the payment of not less than twice the sum of money which the board may estimate will come into his hands in consequence thereof. Section 3.' Nothing hereinbefore contained shall affect the salary of any county or district superintendent now in office during the term for which such superintendent Avas elected. Whenever any county board shall have omitted to fix a salary for any district superintendent pursuant to the provisions of chapter 307, of the laws O'f 1903, the salary theretofore fixed by the county board for the county superintendent shall be this salary of such district superintendent until otherwise fixed by or pursuant to any law of this state. Salary of district superintendent of schools. (Chapter 252, Laws of 1905.) Section 1, District superintendents of 7— S. L. ijg SCHOOL. LAWS OF WISCONSIN. schools, as provided by chapter 307 of the laws of 1903, shall receive the same amount of salary heretofore last fixed by the county board of supervisors, as provided by law, until otherwise determined by the said county board of supervisors as the sal- ary of the county superintendent of schools in each respective district. 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 provide 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- immoral. 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 iumish 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 wliich 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 aTsility to develop a sub- ject by correct methods, and to secure to pupils the disciplinary value of the study. They should be sufficient in number to constitute an ade- quate test. Superintendents should discriminate between the standard of attain- ments in branches of study and the standing in these branches. The standard is the examiner's judgment as to the ability and scholarship requisite for 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 candidate a number to be placed upon his 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. In conducting the oral examination, the examiner should carefully note pronunciation, choice of words, facility of illustration, and man- ner of address, with & view to the formation of relatively just judg* THE COUNTY AND THE CITY SUPERINTENDENT. 99 nients. The 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 must be kept, which must embrace the names and addresses of applicants, their standings and the grade of certificates granted to each, with tjie date of its expiration. See section 450b as amended by chapter 439, laws of 1901. The examiner should make all arrangements necessary for the proper conduct of the examination sufficiently early to hegin work at the hour appointed in the public notice. Applicants should be required to con- form to such regulations as v/ill facilitate the work of the examination and make it a true test of their qualifications. Every precaution 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, site3 and outbuildings and appendages and of the dis- trict generally,- to advise with and counsel the district boards in relation to their duties, and particularly in relation to the construction, warming and ventilation of school houses and the improving and adorning of the school grounds, and to recom- mend to the school officers and teachers the proper studies, dis- cipline 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 few minutes' duration can serve no beneficial purpose, and should not be considered a sulficient per- formance 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, 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. 100 SCHOOL LAWS OP WISCONSIN. 4. To make an order in concurrence with the chairman of the town board in which any school-house is situated which they shall deem unfit for school purposes 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 reversed by the state superin- tendent for cause shown ; and from the time said order shall 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. 5i. To report annually to the board of supervisors of his county the condition of the schools under his supervision. 6. To receive from the town, city or village clerk the 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 in each year to transmit to th(; state superintendent the name and postoffice address of each town clerk in his district, and from time to time such othci facts relating to education in his district as the state superin- tendent shall require. 7. 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 operation of the school laws in his district. Teachers' county institute fund. (Chapter 476, Laws of 1905.) Section 1. There is hereby appropriated from the general fund in the state treasury the sum of nine thousand dollars, which shall be known as a teachers' county institute fund aiid shall be used under the direction of the county or dis- trict superintendent in defraying the necessary expenses of conducting annually one or more teachers' institutes for the in- struction of the teachers of his county or district in school man- agement, in methods of teaching, and in the branches taught in the common schools, and in compensation for lectures at such institutes when said lectures are given by other than the con- ductors or the county or district superintendent. Section 2. No money shall be paid iby the county or district superintendent of schools for the services of any instructor or lecturer or to any person from this county institute fund, un- THE COUNTY AND THE CITY SUPERINTENDENT. IQl less said person is the holder of a certificate signed by the state superintendent, certifying that the committee on institutes of the board of regents of normal schools approve of such person as a competent institute conductor. Section 3. The sum ppovided for in section 1 of this act shall be distributed among the counties of the state in just proportion to the number of teachers actually required and employed in the territory under the supervision of the county or district superintendent in giving instruction in the schools of said county or superintendent district for a term of not less than seven [eight] months during each year, unless failure to main- taiu such school or schools for such term shall have been caused by the destruction of' the schoolhouse or by the order of the school district board, or the local or state board of health, on account of the prevalence of contagious disease. Section 4. The county or district superintendent of schools shall between the first and tenth days of July in each year make a statement upon oath to the state superintendent, giving the exact number of teachers in all the public schools of his district when they are all in session. When the sworn statements from all the county or superintendent districts hTive been received it shall be the duty of the state superintendent to apportion the fund mentioned in section one of this chapter, among the differ- ent counties of the state in proportion to the number of legally qualified teachers actually engaged in teaching under the pro- visions and restrictions of this chapter, and certify said sum to the secretary of state, who shall thereupon draw^ his orders up- on the state treasury in favor of the different county or district superintendents for the sum so certified. Section 5. The county or district superintendent shall keep an itemized account of all the expenditures made from the fund in his superintendent district; said account to accompany the statement provided for in section 4 of this act. 8. (As amended by Chapter 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 num- ber of schools in his district, including 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 les.s tlian 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 intervals of three months, at the county 102 SCHOOL LAWS OP WISCONSIN. seat or some convenient and central place in the county, two of wliich shall be in first and second grade branches; provided, the co'unty superintendent, by and Avith the advice and consent of the state superintendent, may modify the number and boundaries of the examination districts, the number of exam- inations in first and second grade branches, and may fix the times and places for holding the examinations for second and first grade certificates; to furnish 'each district clerk in the sam.e a written notice of each meeting, to be posted by him in some conspicuous place in the district. Such notice shall con- tain the names of the towns embraced in the examination dis- trict to which it relates, and the time, place and objects of the meeting. The examination of the teachers shall be uniform in the superintendent districts, shall be public and shall be eon- ducted by oral and written questions and answers. Whenever for any cause satisfactory to the county superintendent any person desiring a certificate as a teacher shall be unable to at- tend upon such examinations he may be examined at any time fixed by him, and if found qualified by law to teach may re- ceive a certificate of the proper grade, which shall remain in force until the next regular examination in such inspection district. School board conventions. (Chapter 222, Laws of 1909, amending Chapter 105, Laws of 1905.) 9. The county or dis- trict superintendent of schools shall annually call and hold at least one school board convention for his superintendent dis- trict, at the county seat or some other convenient place, for the purpose of consultation, advice, and instruction upon matters pertaining to the management of the schools. The county superintendent may determine the number of days each con- vention shall be in session, provided no convention shall be held for more than two consecutive days. Each district clerk shall, and the director and treasurer may, attend such con- vention. Each member present shall be allowed two dollars for each day's attendance at the convention, provided his cer- tificate of sittendance shall show that he was present at each session of the convention, and mileage at the rate of three cents per mile each way, going and returning to and from said meet- ing, said sum to be paid from any moneys in the school district treasury not otherwise appropriated. Such per diem and mile- age shall be in full payment of all expenses incurred by each member while in attendance at the convention. The county superintendent shall keep a record of the attendance of all THE COUNTY AND THE CITY SUPERINTENDENT. 103 members at each morning, afternoon, or evening session of the convention during the days the convention shall be in session, and shall issue to .each member in attendance a certificate set- ting forth the actual attendance of each of caid members, which shall be filed with the school district clerk and serve as a basis or evidence for drawing the necessary warrant upon the district treasury. Deputy county superintendent. (Chapter 321, Laws of 1901.) Section 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 deputy shall at the time of his appointment 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 than eight months. Notice of such appointment shall be filed with the 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 ren- dered by such deputy, under the direction of the county super- intendent of schools. The deputy shall under the direction of the county superintendent be authorized to perform all the duties now required of the county superintendent, except the certification of teachers. The deputy shall be subject to re- moval by the county superintendent, notice of such removal to be filed in the office of the county clerk. The word "school" defined. (Chapter 256, Laws of 1909.) Section 461s. The singular form of the word "schools" as used in section 461r shall relate to a public school only and shall be construed to be a cclleetive body of pupils assembled in a room which is wholly or principally under the control, man- agement, direction and instruction of a legally qualified teacher who is made wholly or chiefly responsible for the control, man- agement, direction and instruction of sucli pupils and whose duty it is to keep a complete and special register for snch room or department. Attendance on convention. Section 461a. The county superintendent 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 104 SCHOOL. LAWS OF WISCONSIN. 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 teach, etc. Section 4616. No county superintend- ent of schools, except in counties where his salary is less than eight hiindred dollars, ' shall engage in teaching during the term for which he is elected nor engage in any profession or occupation, nor shall he absent himself from the county or district for which he is elected to engage in any occupation, profession or pursuit during the term for which he is elected for such time or in such manner as to interfere with the proper discharge of his duties as such. A violation of any of the pro- s^isions 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 super- intendent districts, the county superintendent may reside in such county seat and keep an office in the public building or other place provided therefor l)y the county. County superintendent — Eligibility. Section 461cc. (Chapter 46, Laws of 1905.) A person shall not be ineligible to the office of county superintendent of schools on account of residence in cities of the third and fourth class within the ter- ritorial limits of any such district. Superintendent's report. Section 461^. The county su- perintendent shall annually make and file with the county clerk a statement, verified by his affidavit, giving the names of all persons examined by him since the beginning of his term or since the date of his last statement, together with 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- THE COUNTY AND THE CITY SUPERINTENDENT. IQij ent's district and the dates when such certificates were issued and also the names of all g-raduates of high schools whose di- plomas he has countersigned, together with the dates of coun- tersigning. At the expiration of his term 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 shall embody in such statement a summary, giving the number of persons in each of the three classes herein named and of all the per.^ons so reported by him to the county clerk during his term of office. Teachers' examination fee abolished. (Clmpter 52, Laws of 1905.) Section 1. Chapter 27 of the statutes of 1898 is hereby amended by striking out sections 461e, 461f, 461h, 461j also by striking out all of section 461g after the word "office" where it first occurs in line fifteen of said section. Section 2, Renumber sections 461g, 461e, 461i, 461f; 461k, 461g. The sections named in tlais chapter related to the care and use of examination fees paid by teachers. Institute instructors. Section 461/. No money shall be paid for services rendered as an instructor in any institute to any person unless he holds a certificate signed by the state su- perintendent certifying that the committee 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 coimty 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 such persori for service in institutes provided for in section 461/, (now Chapter 476, Laws of 1905), 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 dutj- as to deaf and blind children. Section 461^'. It shall be the duty of each county and city su- perintendent 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 106 SCHOOL LAWS OF WISCONSIN. parents with the name and age of each deaf or blind child known to be in his county or city, and to inform parents, guard- ians 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 insti- tutions shall provide each such superintendent with sufficient printed information 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 an- nual 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 education, or the number of each not receiving an education, and of the number of personal visits he has 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 superintendents' certificates. Section 461L The board of examiners for state certificates shall, at the time of holding the regular examinations provided for by law, examine all applicants for the county superintendent's certificates herein provided for, upon the branches upon which examination 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 ad- dition to the examination provided for by law. hold in the month of July in each year three such examinations simul- taneously at three different points in the state, to be determined by the state superintendent, which shall be chosen with refer- ence to the accommodation of applicants in different parts of the state. Each of the three examinations shall be held under the supervision of a member of the board of examiners, but the scope and character of the examination shall be previously de- termined 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 THE COUNTY AND THE CITY SUPERINTENDENT. 107 superintleiid.'ent'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 legally qualify the holder to teach in any public school in the state for which a first-grade county certificate is a legal quali- fication. 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- cation to hold the office of county superintendent. It also legally qualifies to teach in any public school in 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. It also qualifies the holders as principal of any state graded school. 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 vv^hich 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. 108 SCHOOL LAWS OP WISCONSIN. Y.— REPOETS. Report of district clerk. Section 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 hy him and verified by his afSdavit, show- ing: 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 in- cluded in such enumeration or report ; and whenever the state superintendent shall receive information that any such children have been enumerated in the school census of any school dis- trict included in 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 superintendent 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 female;^ designated separately, between the ages of four and twenty years taught in the district school during the year for which such report is 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. REPORTS. 109 Fourth. The whole time, in days, any common school has been taught in the district, including holidays, and the whole number of days such school has been taught by teachers quali- fied according to law, including holidays, and the days the teachers may have attended an institute during the year while the school was in session for which no deduction in wages was made by the district board. Fifth. 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 deducted. Sixth. The amount of money received from the town treas- urer during the year, designating separately the amount re- ceived from apportionment of the school fund income, the amount received from tax levied by county board of supervis- ors, the amount received from tax voted by the district, and the amount received from all other sources during the year, and the manner in which the same has been expended, showing separately the expenditure of school money received from the state. Seventh. Such other facts and statistics in relation to the schools, public or private, in such district as the state superin- tendent may from time to time require. The clerk of each joint school district shall report to the town clerk of each town a part of which is embraced in such district the number of children residing in such part in the manner set forth in this section, and the remainder of the items specified in this section shall be embraced in the report made to the town in which the schoolhouse is situated. He shall also report the amount of the indebtedness of the district. Annual reports — School district clerks to meet with town clerks. (Chap. 441, Laws of 1907, amending 462a, stat- utes of 1898) Section 462a. In addition to the duties of the clerks of the several school districts of the state relating to tak- ing the census of the school children as now provided by law said clerks shall also report the names of the children in their respective districts and the age of each of them over the age of four and under the age of twenty years. School district clerks shall also meet with the town clerk of the town in which the sehoolhouses in their respective districts are located at a time and place specified in a notice given by the town clerk, for the purpose of perfecting the annual school district reports. Such 110 SCHOOL LAWS OF WISCONSIN. clerks sliall also report the amount of the indebtedness of their respective districts. The purpose of this amendment to section 462a is to not only secure reports more nearly complete irom the diiierent districts and to pre- vent errors, Dut it is also hoped that hereaiter all reports will be more promptly piaced in the nands oi the county superintendenc. une faulty or deiayea district repoit not only deiays the tywn cierK's report but it also delays tne -vvorit of the county superintenaent and oftentimes the compilation or reports in the state superintenaent's office. ine annual report of the district cierK to the town cierk is of spe- cial importance, as it forms the basis upon which all public money is apportioned and also furnishes the information that guides the legib lature m subsequent enactments. The greatest care must oe exercised by clerks of Joint districts in order that the children in some part oi tne district are not reported or counted twice; once to the cierk of the town in which the schoolhouse is located and also to the clerk of the town in which the other part of the district lies. This is a crim- inal offense. See sections 4549-4550. l^'or 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 these 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 lavv' prior to making the report. No effort should be spared to oDtain and report every item tor which the blanks pi'ovide. 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 and 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 they reside. Children of school age who 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 required 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. Sec- REPORTS. Ill tion 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 time 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 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 eight months' school, of twenty days' each, taught by a legally qualified teacher, was maintained during the preceding year. Legal holidays are included. These are New Year's day, the tv/enty-second of Februry, the thirtieth of May, the Fourth of July, Labor day, Christmas day, and Thanksgiving days appointed by national or state authorities. Section 2577, W. S., pro- vides that whenever a legal holiday falls upon Sunday, the succeeding Monday is a legal holiday. When a legal holidey occurs on Saturday or during vacation, it cannot be counted as a day taught. (See com- ment on section 459.) Reports — Town clerks to make to county superintend- ents. (Chapter 185, Laws of 1907, amending section 463, Statutes of 1898.) Section 463. Each town clerk shall, on or before the first day of August in each year, make and transmit to the county or district superintendent of the county or dis- trict in which his town is situated two copies of a report, stat- ing: (1) The whole number of school districts separately set off within the town, and the number of parts of joint districts in which the schoolhouses 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 num- ber 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 112 SCHOOL LAWS OF WISCONSIN. school purposes since the date of the last preceding report, setting 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 meet- ing 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, with such other information as the state superintendent may require and as may be reported to him by the district clerks. This chapter requires the town clerli to send two copies of liis an- nual report to the county superintendent instead of one as heretofore. After the county superintendent has verified the statements as filed by the town clerk from the reports of the school district clerks sent to him, one copy of this report is to be forwarded to the state superin- tendent by the county superintendent. In towns which have adopted the "township system of school gov- enrnient," the report required in the foregoing section will be made by the "secretary of the town board of school directors, as provided in section 537 of the Wisconsin statutes, upon the same blanks as are used by town clerks in other towns." Superintendent's repor;t. Section 464. Each county superintendent shall, on or before the fifteenth day of August in each year, make and transmit to the state superintendent a report in writing, setting forth the whole number of towns in his district, distinguishing those from which the ^required re- ports have been made to him by the town clerks, and contain- ing an abstract of their reports, and also embracing an abstract of the annual report of the secretary of each free high school in such district and of each secretary of town board of school directors of towns having the township system of school gov- ernment, and of the clerk of each incorporated village and city under his supervision. Each county superintendent shall also, within the time above mentioned, make and deliver to the coimty clerk 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 main- tained schools for six [eight] or more months dunng the past year as appears from the reports of town clerks. * Reports from cities and villages. Section 465. The clerk of each city and village or the clerk of the board of edu- cation of each city and village under the jurisdiction of the REPORTS. 118 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 jurisdiction of a county superintendent, such superintendent of schools shall make the annual report re- quired l)y said section directly to the state superintendent; and in such cities having no superintendent of schools such re- port shall be made by the clerk of the board of education thereof. The clerks of cities (under county superintendents) and of villages use the same blanks as town clerks and compile the reports of tne 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 each clerk, superintendent or other officer by wiiom a report should be made, blank forms upon which such officers shall make their annual reports; and when- ever 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. 8— S. L. 114 SCHOOL LAWS OF WISCONSIN. YL— DUTIES OF TOWN, VILLAGE AND CITY OFFICERS AS TO PUBLIC INSTEUCTION. Clerk's duties. Section 467. It shall be the duty of the town clerk: 1. To report to the county superintendent within ten days after his election or appointment his name and postoffice ad- dress, and likewise the name and postoffice address of each dis- trict clerk within ten days after the 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 form ; 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 the 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 OFFICERS AS TO PUBLIC INSTRUCTION. 115 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 apportioned for the use of common schools in his town and to pay the same together with all moneys collected in the town for the support 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 m each district and collected by him, and the amount of all school district taxes returned to the county treas- urer of his 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 year 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. (Subdivision 4, Sec. 468, Statutes of 1898, as amended by Chap. 119, Laws of 19Ul,j On the second iVlonday 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 of- ficial bond of such county treasurer for the recovery of such money. The town treasurer shall 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 money 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- 116 SCHOOL DAWS OF WISCONSIN. ing to the apportionment made by the town clerk. The town treas- urer shall also receive all money paid on account of delinquent taxes, and pay the same over to the proper district treasurers. No school taxes except delinquent 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 which 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 purpose 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. The treasurer can not law- fully charge or retain any fee or percentage on any money which he pays out or which comes into his hands from any state apportionment or from any donation or loan from any source. See sections 4549-4550. ASSESSMENT AND COLLECTION OP DISTRICT TAXES. 117 YIL-ASSESSMENT AND COLLECTION OF DISTRICT TAXES. Assessment. Section 469. All school district taxes, un- less otherwise specially provided by law, shall be assessed on the same kind of property as taxes for town and county pur- poses, and all personal property which, on account of its loca- tion or the residence of its owner, is taxable in the town shall, if such locality or residence be in the school district, be like- wise taxable 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 assess- ment roll, the town clerk shall estimate the value of the same in proportion to the valuation affixed in said assessment roll to the whole tract of which such lot or piece of land forms a part. Equalization of taxation in joint school districts. (Chapter 90, Laws of 1907, amending chapter 307, Laws 1905, amending section 471, Statutes of 1898.) Section '471. 1. The relative valuation of taxable property in the several parts of any joint school district shall not be equalized except as herein provided. At any time prior to the tenth day of July of any year any three freeholders resident in that part of any town, city or village forming a part of any joint school district, may file with the clerk of such district a petition praying for an equalization of the relative valuation of taxable property in the several parts of such district. The clerk shall thereupon and prior to July 20th of such year notify in writing the asses- sor of every town, city and village in part embraced in such dis- trict. 118 SCHOOL LAWS OP WISCONSIN. 2. The said assessors shall meet at the district schoolhouse with their respective assessment rolls at two o'clock in the afternoon of the last Saturday in July, thereafter for the purpose of comparing and investigating the assessed valuation of the taxable property in the several parts of such district separated by town, city or village lines and shall determine whether the assessed valuation of such property on the assess- ment rolls be just or not. 3. If considered unjust, they shall determine the relative aggregate valuation of said property in the parts of the dis- trict in the several towns, cities or villages comprising it and the proportion of district taxes to be levied upon the prop- erty in each of the several parts. If necessary, the assessors may view and inspect the taxable property in the different parts of the district and may examine the owners and other persons under oath as to the value thereof. The school dis- trict clerk shall attend such meeting and keep a record of the proceedings. A majority of such assessors shall constitute a. quorum for the performance of the duties prescribed in this section. If any assessor shall be absent from such meeting in at- tendance upon a like meeting in some other joint district, and shall give information of the fact to such clerk, or if foi other reasons there shall be no quorum of assessors, the meet- ing shall be adjourned to such time as may be necessary to enable all or a majority of such assessors to be present, and in such case the clerk shall give notice of such adjournment to each assessor not then present in time to enable him to at- tend such adjourned meeting. Further adjournments may be taken if necessary, until the duties imposed by this section shall have been performed; and if for any reason there shall be failure to perform such duties without adjournment to a fixed time, the clerk shall call another meeting at a time fixed by him; provided, that -final action by said assessors under this section shall be taken not later than the first day of No- vember in the same year. The town, city and village clerks shall allow the assessors to take and use the assessment rolls in the discharge of their duties under this section. 5. If the assessors cannot agree, they shall call to their aid the chairman of the town, the president of the village or mayor of the city so in part embraced in the district, and if the last named officers with the assessors cannot determine the valuation of the property and the proportion of taxes to be ASSESSMENT AND COLLECTION OF DISTRICT TAXES. 119 levied thereon, they shall call to their aid the chairman of an adjoining town whose vote shall decide the controversy. The determination, when made shall be certified in writing to the district clerk. 6. If any assessor or other officer shall refuse or neglect to perform the duties hereby imposed, or to act when called upon as herein provided, he shall forfeit not less than ten nor more than one hundred dollars. This chapter is of large interest to the electors and officers in joint school districts. It repeals the act of the legislature of 1905, which made it the duty of the district clerk of every joint district to call a meeting of the assessors of the different municipalities, parts of which were comprised M'ithin the joint district limits, for the purpose of equalizing the assessed valuation of the real and personal property as between the different parts. While this law was effective in its opera- tion, there was much complaint that it was too expensive; that in many cases there was no change to be made in the assessed valuations and that it made a large and unnecessary drain upon the joint dis- trict treasury. This chapter practically does away with those feat- ures. Hereafter joint meetings of the assessors and clerks will be held only when the application provided for above is made. The clerk will not be entitled to any compensation and the assessors must rely for their compensation upon the treasuries of their respective towns, and the equalization when once made under this act will continue to be the basis for apportionment of school tax levy until a new equali- zation IS petitioned for and made. Statement as to taxes, section 472. Each district clerk shall, on or before the third Monday of November in each year, deliver to the town clerk a statement in writing, verified by his affidavit, showing the amount 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 the 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 statment 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 l^e ascertained from the valuation contained in the last assessment rolls of the respective towns, 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 120 SCHOOL. LAWS OF WISCONSIN. real and personal property in that part of snch district lying therein as the same appears from said assessment roll. See Forms Nos. 30 and 31. Assessment by town clerk. Section 473. The town clerk shall assess the taxes so certified upon the property liable thereto, placing the same in a separate column in the next tax roll of his town, whenever so certified, before he shall have de- livered the roll to the town treasurer for collection, although after the third Monday in November; if any such shall not be. assessed in the next tax roll after being voted it shall be as- sessed in that of the next succeeding year. Such taxes shall be collected or returned delinquent by the town treasurer and col- lected by the county treasurer in all respects like other taxes. Upon the delivery to him of sucli 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 office of the district clerk. The law contemplates tha: 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 valua- tion of such several parts, to be ascertained and determined by the as- sessors in joint meeting as directed in said section Jill. BORROWING MONEY. 121 VIIL— 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 terms, 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 the 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. Loans for buildings; how authorized. Section 475 (as amended by Chapter 172, Laws of 1905). Section 475. For the purpose of aiding in the erection of a school house any school district, whether organized under gen- eral law, special law or charter, may, by vote of the electors at any annual or special meeting, calhd for that purpose authorize the district board, school board or board of ecUication to borrow money, to an amount which shall not in any way exceed the limitations now provided by general law. The resolution to be voted upon shall be in writing, specifying the amount to be borrowed, the rate of interiest, and the time and manner of pay- ment, which shall be in annual installments, or otherwise, the last of which shall be payable in not .exceeding fifteen years from the first day of February next ensuing. Such resolution 122 SCHOOL LAWS OF WISCONSIN. shall be read to the meeting and the vote taken thereon by bal- lot; The ballots shall be written or printed, those in favor of the loan: ''For the loan," those opposed: ''Against the loan." The resiolution and the vote shall be recorded, and if adopted by a 'majority, the district board, school board or board of edu- cation shall be thereupon authorized to borrow such 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 dis- trict, subject to the direction contained in the resolution voted, as may be agreed upon, not prohibited by law, and shall also levy a tax to be annually eoUeicted thereafter, suiBcient to pay the interest annually on such loan and the annual installments of the principal, provided to be paid in each year. Any bonds issued by any such, scliool district, to secure any loan which bonds shall have been issued in conformity to law, including the provisions of this section, as amended, are hereby declared to be and are valid claims and liens against the school district so issuing the same. 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. The district board has no authority to levy a tax except as provided in sections 435a, 437, and 539 except in cases of free high school districts. , Loan to refund indebtedness. Section 476a. 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 BORROWING MONEY. 123 of interest and the amount of each installment of principal and time when it shall be paid. The last installment shall be pay- able in not exceeding twenty years from the time the indebted- ness was originally contracted. The vote on such resolution shall be taken by ballot, and voters favoring its adoption shall east a ballot on which shall be the words "for the loan," those apposed 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 amount on such terms as may be agreed upon conformably with such 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 sufficient to pay the annual inter- est on such loan and the installment 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 payment 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. Section 1. (Chapter 40, Laws of 1901.) Any school district may, by vote, at any annual, or lawfully called special meeting, authorize the dis- trict board to borrow money for a period not exceeding six months for the purpose of paying teachers' wages and usual school expenses, not exceeding the amount of district taxes voted for such purposes at such meeting, to be collected with 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 borrowed, payable on or be- fore six months after date thereof and drawing interest from date thereof not exceeding seven per cent, per annum. (Chapter 342, Law 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 124 SCHOOL LAWS OF WISCONSIN. empowered to borrow money whenever directed by the electors of such high school district assembled at a meeting regularly called and held for that purpose, pursuant to the provisons 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. 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 j)art of this vol- ume treating of the high school law. School District Loans — How Made. (Chapter 216, Laws of 1907, amending section 261, Statutes of 1898, as amended by chapter 129, Laws of 1899 and chapter 123, Laws of 1901.) Section 261. Every loan to a school district may be made for such time not exceeding fifteen years, and of such amount as together with all other indebtedness of such district, shall not exceed five percentum of the last preceding assessed valuation of the property in such district, not less than two-thirds of which valuation shall be on real estate, and not exceeding in any case twenty-five thousand dollars, as may be agreed upon ; the principal shall be payable in equal annual install- ments from a time fixed by said commissioners, with interest at a uniform rate of three and one-half per centum per annum, paj^able annually. No such loan shall be made until proof be filed in the office of said commissioners of the complete per- formance on the part of such district of each and every act hereinafter required to precede the same. The provisions of the above chapter should be carefully followed. School officers and parties interested should always recognize that in all cases where a loan is to be made from the trust funds of the state it is absolutely necessary that the proceedings shall be in strict accor- dance with the statute. If there are any defects or flaws arising through oversight or carelessness, the application will be denied by the commissioners and it will be necessary, if the loan is to be made, to commence all proceedings anew. This tends to increase the irrita- tion and lack of harmony and agreement upon school questions com- mon to some school districts. The law of 1898 limited the time of loans to school districts to ten year* 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 district to twenty-five thousand dollars. Carefully study all laws and directions given in this volume for borrowing money befort, application for a loan is made. All errors must be avoided. Borrowing money — Cities. (Chap. 387, Laws of 1901, amending Chap. 81, Laws of 1899.) All cities of the third and BORROWING MONEY. 125 fourth class operating under a special or general charter, are hereby authorized to levy annually a special tax for school pur- poses, 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 author- ized to be levied by such cities. Loans from the trust funds. Section 1. (Chapter 72, Laws of 1901.) The annual interest and installments of prin- cipal of all loans granted hereafter from the trust funds of the state to counties, towns, villages, cities or boards of education and school districts, shall be payable 'on the first day of Feb- ruary of each year after the granting of such loans. Application for. SecTtion 262. Before applying for such loan, every school district shall authorize such application by a vote of a majority 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 property of such district, and the total as- sessed valuation of the taxable property cf 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 ap- plication and the record thereof and such statement shall be conclusive evidence of the facts therein stated. All such appli- cations shall be acted upon by the said conunissioners in the order of time in which they shall be filed. Loans to schools under township system. Section 262a. Loans to the board of school directors of any town in which the • township system of schools exists shall be made only when ap- 126 SCHOOL LAWS OP WISCONSIN. 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 the adoption of such resolution shall be by ballot. The 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 tlie time 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 427, 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 toritten request of at least five legal voters. 2. Notices for such special meetings must be posted in four or more public placed in the district; one of which shall be afiixed to the outei 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. BORROWING MONEY. 127 4. A record of the proceedings of the special meeting should show that every requirement of the statutes has been observed. The foilOAving 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 must accompany all applications made to the Commissioners of Public Lands for loans from 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 meeting 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 legai \^oters 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, exclusive of the day on v/hich 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'clocli 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 folloTv^ing named legal voters of said district personally, by read- ing the said notice to them: (Here give names of voters personally notifiied.) 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 a,t the rate 128 SCHOOL LAWS OP WISCONSIN. of 5^2 per cent, per annum, payable annually (See chapter 72, as printed above) for the purpose of building a schoolhouse." 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 sufficient to pay the interest and principal of the loan as it becomes due, 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 Sik:-^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, with interest at the rate of 3Vj 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 pro- pge^dings of the electors at said special meeting. BORROWING MONEY. 129 (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 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 oMi 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 lean as it becomes due. (Signed) , District Clerk. Dated Liability for loans ; change of boundaries ; taxes ; joint districts ; officers' duty. Section 263. All the taxable prop- erty in any school district which has heretofore obtained or shall hereafter obtain any loan from the .state shall stand charged for the payment 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 commissioners and upon such terms as they shall prescribe ; and there shall be annually levied upon the tax- able property of such district, besides all other taxes, a tax suf- ficient to pay the annual interest and annual installments 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 terms thereof ; and thereafter the town clerk of each town shall, on or before the second Monday of September in each year, until such loan be paid, transmit to the secretary of state a. statement certified 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 assesmient roll; or if the same shall have been equalized, as provided in section 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 which lies any school district or part of district from which any such payment is to become due the amount to be levied upon such dis- trict, 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 fur- nishes that officer a stateiiient of the state ta,x. In apportion- ing such tax to the parts of a joint school district lyitig in sep- 9— S. L. 130 SCHOOL LAWS OF WISCONSIN. arate toAvns, the secretary of state shall take, as the true valua- tions the valuations of the taxable property stated in the appli- cation for such loan, until amended by the certified statement? 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 part of dis- trict 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. SCHOOLHOUSE SITES. 131 IX.— SCHOOLHOUSE SITES, How obtained. Section 477. (Chapter 171, Laws of 1909, amending- section 477. Statutes of 1898.) Whenever a school district shall have designated by a majority vote of the electors thereof present at an annual meeting, or at a special meeting called for that purpose, a schoolhouse 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 compensation, or on account of his being a non-resi- dent or unknown, the district board when directed so to do by a vote of the electors of such district meeting shall make appli- cation to the town board of their tov^na to locate and establish the site or any addition thereto so de3ignated; provided that every such schoolhouse site or any schoolhouse site obtained by purchase or grant shall be located and established abutting on a public highway or street, and that no schoolhouse hereafter to be erected shall be erected on any site unless such site abuts on a public highway or street. Notice to land owner. Section 478. Whenever any such application shall be made to the town board said board shall make and sign a notice in writing of such application, contain- ing a description of the land upon which it is proposed to lo- cate 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 derk upon all the occupants of such land and all the Owners ihereof wliO are known and are residents of this state H least six days pre^ vious to the day fixed for such meetirig. Such notice shall he served by delivering a copy thereof to each such occupaiit and Owner or by leaving the same at their respective residences Avith Some persoii of suitable age and discretiori ; and if the owner or Owiiers of said land be unknowii to said board or shall reside 132 SCHOOL LAWS OF WISCONSIN. without tliis state then such notice may be served by publish- ing the same in the newspaper published 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 the 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 o^vners 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 the 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 addition 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 SCHOOLHOUSE SITES. 133 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 shall be plaintiff and the school district defendant. The issue 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 schoolhouse site or addition thereto which are set forth in 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 ren- dered and enforced as in other personal actions in such court; provided, 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 schoolhouse 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 ap- plication 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 lands, how obtained. Section 484. Whenever any school district shall locate a site for a schoolhouse upon any land OAvned by an infant or in which 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 when any such land is held in trust for an infant his trustee may in like manner apply fiir 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 134 SCHOOL LAWS OP WISCONSIN. 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 schcol purposes, that the said school district is willing to pay therefor a con- Kideraticn deemed adequate by the court and that the interest of such infant will not be prejudiced by rea;on of said lease, and before making such order the court shall require the person authorized to make such lease to give a bond to account for and pay over the consideration received therefor as in cases provided hy law for the sale of the lands cf minors. The foregoing sections embody the laws in force as to the establish- ment of schcol 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 cr any addition thereto, when the district cannot obtain it on reasonable terms, or because the o^ner is a non-resident. All sites now selected must be on a public highway. In cases where school houses are net en a public highway, the supervisors may be compelled to lay a highway to the house. See chapter 318, Laws of 1909. LIBRARIES. 135 X.^ LIBKAPJES. Reference works and miscellaneous books for school use may be ob- tained 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. Sbution 485. The clerk of the dis- trict or such other person a 5 the legal voters shall appoint shall be the librarian and have the care and custody of the district library under the supervision of the district board. All actions relating to such libraries or for the recovery of any penalties lawfully established 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 library 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 ov^oiing 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 town library. 136 SCHOOL LAWS OF WISCONSIN. Township libraries. Section 486a. (Chapter 164, Laws of 1909, amending section 486a, Statutes of 1898, as amended by chapter 272, Laws of 1899, as amended by chapter 417, Laws of 1905.) 1. The treasurer of every county m this state shall withhold annually from the apportionment received from the school fund, or other income for school districts, an amouat equal to ten cents per capita for each person of school age re- siding in towns, villages and cities of the fourth class in the county, said money to be expended for the purchase of library books, as hereinafter provided. 2. In the certificate of apportionment of the common school fund made annually by the state superintendent to the coutiT> clerk and county treasurer of each county there shall be in- cluded a statement of the number of persons of school age in each town, village and city of the fourth class in the county. 3. Between the first days of April and September of each year, the county, district or city superintendent of schools shall provide for the expenditure of all moneys withheld by the county treasurer for the purchase of library books, said books to be selected from the list prepared by the state superintendent and to be distributed among the districts under his supervision the schoolhouses of which are located in his county or superin- tendent district, in the proportion to the amount of money with- held from each. In case a school district is located in more than one county or superintendent district, the superintendent of the county or superintendent district in which the schoolhouse is located shall provide for the expenditure of the total sum with- held from such joint school district, in accordance with the pro- visions of this act. 4. The superintendents of any two adjoining counties shall on or before December first of each year by conference or corre- spondence determine upon the balance of township library money which must be transferred from the treasury of one county to the treasury of the other county in order that the total amount of township library money over which each county superintendent has control for the purposes of this act may be in the treasury of the county- of which he is superintendent. The said county superintendents shall thereupon sign and trans- mit to the county clerks of the two counties concerned, a joint written statement of the balaneei which is to be paid over from one courty to the other, together with a detailed statement of how the balance was determined. The county clerk of the county from which the balance, as above determined, is due, shall on or before March first draw an order upon the county treas- LIBRARIES. 137 urer for tlie amount of said balance and in favor of the county treasurer of the county to which the balance is due. The county treasurer shall forthwith transmit said sum to the county treas- urer in whose favor the order is drawn and the latter shall credit it to the township library fund of the county of which he is treasurer! No order from the county board of supervisors shall be deemed necessary to effect this transfer of township library funds as above provided. 5. In case a school district under the jurisdiction of a city superintendent is joint between a city of the fourth class and one or more towns the city superintendent .and the county super- intendent having jurisdiction over the territory adjacent to the city shall on or before February first of each year, in a joint statement, certify to the county clerk and county treasurer the number of persons of school age in that part of the city district outside of the city limits. The city superintendent of a city of the fourth class shall provide for the expenditure of the town- ship library money based on the total number of persons of school age in the city district, including such persons in all parts of the city district Avhe;her resident vdthin or without the city limits. 6. Between December first and February first of each year the teacher or principal of every school under the jurisdiction of a county, district or city superintendent of a city of the fourth class shall report to the proper superintendent on blanks supplied by said superintendent such information regarding the condition and needs of the school library as may be called for by such superintendent. Such report shall include an in- ventory of all book 3 which have been added to the school library under the previsions of this act since March first last preceding the date of the report. Before receiving from the district clerk an order for the last month's salary of the school year the teacher or principal of each school shall report to the district clerk and the county, district or city superintendent such in- formation regarding the school library as the proper superin- tendent may direct.. 7. It shall be the duty of the county or district superintend- ent to * * * keep on file in his office a list of books * * * in the library of each school district and to arrange such lists by districts and towns in numerical and alphabetical order. * * * Guided by such lists and other information which may have been obtained regarding the school libraries of the school districts 'under his supervision, the county or district superin- tende^t shall make a selection for each school district under his 138 SCHOOL LAWS OF WISCONSIN. supervision, the schoolhouse of which is located in his superin- tendent district, the books to be taken from the lists prepared by the state superintendent. It shall also be his duty to furnish each town clerk, village clerk and clerk of cities of the fourth class under his jurisdiction with a list of the books designated for each district. The county or district superintendent shall also certify to the county clerk the names and numbers of the books selected for each town, village or city of the fourth clast> under his supervision, the price fixed in the list issued by the state superintendent to be attached in each case and the total cost of such books to be correctly summarized and indicated. City superintendents of cities of the fourth class shall in like manner certify to the county clerk the cost of the books selected for the schools under their jurisdiction. A duplicate copy shall be furnished to the company or firm selected by the state de- partment or commissioned to furnish the books, periodicals, etc., for township libraries. The company or firm shall upon re- ceipt of the list from the county, district or city superintendent fill the order for each town, village or city of the fourth class, as directed, said order when so filled to be sent to the town, vil- lage or city clerk. The town,, village or city clerk shall imme- diately upon the receipt of the books from the company or firm compare the order so filled with the list in his possession and shall immediately report to the county, * * * district or city superintendent. If such report is satisfactory and discloses no error or irregularity in the niunber, kind or condition of the books received, the county, * * * district or city superin- tendent shall notify the county clerk to draw an order upon the county treasurer for the cost of the books so furnished to each town, village or city. If the report is unsatisfactory the proper superintendent shall forthwith report the fact and the cause thereof to the company or firm supplying the township library books. Such company or firm shall forthwith take steps to rectify any error or irregularity which may have been made in the filling of the order for the books in question. 8 Within three days of the last day of each month the super- intendent of each county, district and of each city of the fourth class shall so notify the county clerk, including all orders for which satisfactory report-s have been made by the town, village and city clerks. It shall be the duty of the county clerk imme- diately upon receipt of such no'ification from the county, dis- trict or city superintendent to draw an order upon the county treasurer for the amount so certified. The county treasurer shall thereupon immediately * * * issue a draft in favpr LIBRARIES. 139 of the company or firm for the amount so certified. No order from the county board shall be deemed necessary in the pay- ment of the amount due for books purchased as above specified. 9. The express charges and postage on books purchased under the provisions of this act shall be paid by the town, village or city receiving them. 10. The town clerk shall immediately on receipt of the books purchased under the provisions of this act distribute such books to the clerks of the various school districts or, if the school is in session, to the teacher or principal of such school. The district clerk or the teacher, as the case may be, shall, at the time the books are delivered, sign and deliver to the town clerk a re- ceipt specifying therein the title", of the books and the date en which they were delivered. Such books shall go to each school district as are designated by the county or district superintend- ent. For this service the town clerk shall be paid such sum, not exceeding two dollars per day. out of the fundi of the township, as shall be determined by the town board of supervisors. Vil- lage and city clerks who receive books under the provisions of this act shall without unnecessary delay, transmit such books to the principal or superintendent of the schools of the village or city. 11. The beard of directors of any free public library and the school board or the board of education of any school district, town, village or city in which a free public library is provided for and maintained, may make such exchanges and loans of books as said officers shall agree upcn for the purpose of in- creasing the efficiency of both libraries and insuring the best service to the schools and all citizens. 12. The state superintendent shall have authority to suspend the operation of this act in any school district, ^ ^* * or sub-district within which there is maintained a free public li- brary, or for any school district or sub-district located wholly or in part in any incorporated village or city within which there is maintained a free public library, provided there has been ex- pended by the board of said free public library in the purchase of library books suitable for children in the elementary school grades, during the year ending June 30th next preceding the date of the application for suspension, a sum equal to the sum which would be released by the suspension of the township library law, as certified by the Secretary of the Free Library Commission, the amount so expended by said board of the free public library for any one year not to be made the basis of such suspensiop. for more than one year, and * * * provided 140 SCHOOL LAWS OF WISCONSIN. further tlian the clerk or secretary of the board of education of the school district for which the operation of the township library law is suspended, the county, district or city superin- tendent concerned and the county clerk and county treasurer of the county in which the district is located shall be notified of such suspension by the state superintendent. Cities of the fourth class (cities having a population of 10,000 or less), and all villages are within the provisions of this law. The rules and regulations directing and governing the administra- tion of township library affairs will be found in the library catalogue or list published by this department. Committee to make contracts with firm or dealer. Sec- tion 1. (Chapter 243, Laws of 1905.) The state superintend- ent of public instruction, the secretary of the Wisconsin free library commission and the attorney general are hereby consti- tuted a committee whose duty it shall be to secure bids and make contracts with some responsible dealer or firm for the purpose of securing prompt and efficient service in supplying books and periodicals to the schools of the state under the provisions of the township library law. Section 2. Whenever the Hit of books for township libraries prepared by the state superintendent under section 486a, Stat- utes of 1898, is completed, typewritten copies thereof shall be furnished to dealers or firms making applications therefor. The committee shall enclose with each copy of the list so sent out a clear and complete statement of the conditions under which the books and periodicals are to be supplied; the date on which the bids, must be placed on file and opened and give such other in- form.ation as may be necessary to insure a clear and unque'^- tionable understanding on the part of all parties concerned. SBcrriON 3. The committee shall require from each dealer or firm making a bid a deposit of $1,000 with the state treasurer as an evidence of gcod faith, said sum to be returned as soon ■as the successful bidder is determined, provided that the sum deposited by the successful bidder shall not be returned until the bond required by the committee conditioning a faithful per- formance of the terms of the contract is filed with the secre- tary of state.. In case the successful bidder shall fail or re- fuse to fi'C the bond required by the contract the $1,000 depos- ited with the state treasurer shall become forfeit to the state and there shall be no recovery thereof. Section 4. The committee shall require a bond from the successful bidder in the penal sum of $10,000 with good and responsible sureties for the faithful and reasonable perform- LIBRARIES. 141 ance of tlie terms of the contract, said sum to become forfeit to the state in case of failure. Section 5. As soon as the successful bidder has been de- termined, all officers upon whom shall fall the duty of purchas- ing the books for township school libraries shall be notified in a circular setting forth the conditions under which the books are to be furnished, the name and _ address of the successful bidder and a statement to the effect that no money withheld from the common school apportionment for the purchase of township library books shall be used in the purchase of books or periodicals from any other dealer or firm. Section 6. After a contract has been entered into by the committee on the part of the state it shall be deemed a misde- meanor punishable by fine to the amount of costs and the money expended, for any person or officer authorized by law, to make a purchase of books for township libraries with money withheld from the annual apportionment of the school fund income from any dealer or firm other than the dealer or firm named in the contract. , i ___ , _j Librarian and records. Section 4865. Unless the school district shall at the annual meeting elect some other person librarian, 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 of the district in accordance with the regulations prescribed by the state superintendent. The clerk shall keep a record of the books received from the town clerk in a book furnished by the state superintendent 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 furnislj. to each town clerk suitable record books for his use and the use of the several clerks in his town. Farmers' Institute Bulletins — How distributed. Sec- tion 486c. (Chapter 66, Laws of 1907, amending section 486c. Statutes of 1898.) The superintendent of agricultural insti- tutes shall send to each town clerk in the state a sufficient num- ber of bound copies of the bulletins of such institutes to enable him to supply each school district in his town with one copy of each edition thereof. The town clerks shall distribute said bulletins to the school libraries in their respective towns, from 142 SCHOOL LAWS OF WtSCONSIN. which they shall be loaned in like manner and under the same regulations prescribed for the loaning of books therein. Previous to the passage of this law the farmers' institute bulletins were distributed to the town clerks from this department. Hereafter they will be distributed to the town clerks from the ofRce of the super- intendent of farmers' institutes at Madison, who has an office in the Agricultural College building. The law makes it the duty of the town clerk to distribute the copies of these bulletins to the different school districts in his town in order that they may be placed in the school dis- trict library for use by the patrons of the school. Librarian under township system. Section 486cZ. In towns having the township system of school government, all duties prescribed for the town clerk in regard to township li- braries shall be performed by the secretary of the town board of school directors. JUDGMENTS AGAINST SCHGOL DISTRICTS. 143 XL— THE COLLECTION OF JUDGMENTS AGAINST SCHOOL DISTRICTS, 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 judgment shall be obtained against any school district the judg- ment 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 affidavit showing the amount due thereon and all payments, if any, and that the judgment has not been appealed from or removed to another court, or if so appealed or removed has been affirmed ; and there- upon such clerk shall assess the amount thereof, with interest from the date of its rendition to the time when the warrant foi the collection 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 judgment against a joint district, a transcript and affidavit as aforesaid shall be filed with the clerk of each town, city or vil- lage in which any part of the district is situated, and such clerk shall assess on the taxable property of the part of such district situated 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 interested to each other, showing the amount of other district taxes certified by the district clerk to each town, city or village clerk. "Whenever for any cause the amount which ought to be 144 ^cttooL LaWs OS' WtScoNSiN. assessed on any such district or part of district, as above pfo^ vided, 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 there- iaf ter. Effiect of appeal. Section 489. Whenever an appeal shall be taken from such judgment against a district and a transcript thereof and affidavit shall have 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 distiict 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. FREE HICH SCHOOLS. 145 XIL— FREE HIGH SCHOOLS. How established.. Section 490. (As amended by chapter 217, Laws of 1909, amending chapter 258, Laws of 1905.) 1. Any town, village, city, school district or sub-district * * * may establish and maintain not exceeding two high schools in the manner and with the privileges herein provided; but no such school shall be established or maintained unless twenty- five persons of school age resident of the town, city or village or school district, or sub-district, pass a satisfactory examination in the branches required to be taught in the common school and are prepared to begin a high school course. 2. The question of establishing such schools may be submitted by the town, district, sub-district, 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 that ten days' notice of such purpose embodying such resolution be given by postinjg five copies thereof in five different public places in such town, village, city, school district or sub- district, or by publishing such notice in any newspaper published in any such town, village, city, school district or sub-district, ten days prior to the time set for holding such meeting. In the case of a sub- district the meeting may be called by the clerk thereof. The vote shall be taken by ballot, and canvassed according to the statutes for conduct- ing elections 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 dis- trict. But this section shall not apply to high schools already established. 3. No action heretofore taken by any town, village, city, school district or sub-district in voting to form a high school or joint high school shall be invalid by reason of any defect in the 146 School laws 6^ wiscoNsW. form of notice given or the time such notice shall have been given, posted or published; but all steps heretofore taken by any town, village, city, school district or sub-district in form- ing a high school or joint high school are hereby validated and declared to conform to law. Section 490t. (Chapter 144, Laws of 1909.) No action heretofore taken by the electors or officers of any town, village or city, school district or sub- district, in voting to form a free high school district, or a joint free high school district, shall be invalid by reason of any defect in the form of notice given, posted, published or served, or the manner in which such notice shall have been given, posted, published or served, and all steps and elections heretofore had and taken by any town, village, or city, school district or sub-district in forming a high school district or a joint high school district are hereby validated and declared to have the same force and effect as if there had been no irregularities or omissions in the proceedings had for the purpose of forming such district. School district electors — powers of. (Chapter 588, Laws of 1907, creating two sections.) Section 490a. The electors of lany town, village or city, school district or sub-district main- taining a free high school, may at any annual meeting or elec- tion, vote upon the question of surrendering the certificate of organization of the free high school and the dissolving of the high school district; provided, that ten days' notice of such pur- pose be given by posting five copies thereof in five different public places in such town, village, or city, school district or sub-district, or by publishing such notice in any newspaper pub- lished in any such town, village or city, school district or sub- district ten days prior to the time set for holding such, meeting. The vote shall be taken by ballot and canvassed according to the statutes for conducting elections in such municipality. Those ballots in favor of the surrendering of the certificate and dissolution of the free high school district shall be written or printed "for surrender," those opposed "against surrender." Joint high school districts. (Chapter 345, Laws of 1903, amending section 491, Statutes of 1898, as amended by section 1, of chapter 57 of the Laws of 1899, and also amending section 492 of the Statutes of 1898.) Section 491. Two or more ad- joining towns or school districts, or one or more towns or school districts and an incorporated village or city, when the same to- FREE HIGH SCHOOLS. 14t gether will make a district of contiguous 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 notified and conducted in each town, school district, city or village as provided in the preced- ing section. Such resolution shall not be adopted unless a ma- jority 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 elections 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 char- ter 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 trustees of such vil- lage shall, within one week after such election, meet and can- vass 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 high school district. The creation of a new town or incorporation of a village out of the territory included in a free high school dis- trict shall not dissolve nor otherwise affect such district but such towns or town and village shall thereafter constitute a joint high school district. A town, school district, incorporated village or city contiguous to a free high school district may be- come joint with such district upon the approval and submission of a resolution proposing the same and the terms thereof, ana notice of election signed by a majority of the supervisors of each town, directors of each school district, common council of each city, and trustees of each village, if any, to be affected and the adoption of such resolution by a majority of all the votes cast in each such town, school district, city or village, the election to be had and the result canvassed and determined in the manner provided herein for the organization of a joint high school district in the first instance. Certificate. Section 4:91a.. (Statutes of 1898, as amended by chapter 214, 1899, as amended by chapter 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 148 SCHOOL LAWS OS^ WISCONSIN. three [eight] months, and the proper board shall have made the report required by section 496 in order to obtain the aid fur- nished by the state in maintaining free high schools, they shall append thereto a certificate that such school is established and maintained in a district composed of a town; of a town and an incorporated village within the town ; of two or more towns ; or of two or more towns and an incorporated village in one or in each of them. State aid. Section 491&. (Chapter 257, Laws of 1909, amending the statutes of 1898, as amended by chapter 214, Laws of 1899, as amended by chapter 345, Laws of 1901.) 1. Upon receiving the reports and appended certificate provided for in section 496, it shall be the duty of the state superintend- ent to make a separate and distinct class of the schools thus established and maintained in the districts designated in sec- tion 491a as amended by this act, and each such school shall bt. 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 certify to him the amount to be paid to high school districts; provided that the amount so appropriated to any high school having a, principal and one assistant shall not exceed nine hun- dred dollars, and the amount so appropriated to any high school having a principal and two assistants shall not exceed twelve hundred dollars, and the amount so appropriated to any high school having a principal and three or more assistants shall not exceed fifteen hundred dollars. 2. The amount of any such certificate shall be paid at any time after the first day of December, out of the state treasury to the district treasurer, but the whole amount so paid shall not exceed fifty 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. 3. The secretary of state shall annually include and appor- tion 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 levied for the year. Free high schools — Special aid for. (Chapter 571, Laws of 1907, amending section 491b, Statutes of 1898, as amended FREE HIGH SCHOOLS. 149 by chapter 214, Laws of 1899, as amended by chapter 315, Laws of 1901.) Section 491b. 1. Upon receiving the reports and appended certificate provided for in section 496, it shall be the dnty of the state superintendent to make a separate and distinct class of the schools thus established and maintained in the districts designated in section 491a as amended by this act, and each such school shall be entitled to receive from the general fund of the state, annually, cne-half the amount act- ually expended for instruction therein ; and said superintend- ent 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 certify to. him the amount to be paid to high school districts. 2. The amount of any such certificate shall be paid at any time after the first day of December, out of the state treasury to the district treasurer; but the whole amount so paid shall not exceed fifty 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. 3. The secretary of state shall annually include and appor- tion 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, levied for the year. By this act the town free high school fund has heen increased from tventy-five to fifty thousand dollars. The number of to^vn free high schools already established in the state practically exhausted the twenty-five thousand dollars. This additional twenty-five thousand dollars will, for a time at least, result in an increase of the amount furnished to district tree high schools, inasmuch as the surplus of the sum nrovided for town free high schools is by law to be placed in tht district free high school fund and the number of town free high schools already established does not require that the entire fifty thou- sand dollars shall be apportioned in order that the statutes relating to such schools may be complied with. This law strikes out the v ords "in towns or in towns or villages where no graded school exists"' so that hereafter high school districts comprised of an entire town or of two or more towns will share in greater proportion in the free high school apportionment than here- tofore in those cases where there are "graded" schools in the town high school district. An annual appropriation of not more than fifty thousand dollars isi. made to encourage the establishment and maintenance of free high schools in towns where the high school district is comprised of one or more towns. Section 491c. (Chapter 174, Laws of 1905.) It is hereby made the duty of the town, village, city or school district board to submit any resolution proposed in pursuance of sectiqn 491 150 SCHOOL LAWS OP WISCONSIN. as amended by section 1 of chapter 57 of the Laws of 1899, as amended by section 1 of chapter 345 of the Laws of 1903, to the voters of such town, village, city or school district upon the fil- ing with said board of a petition in writing, praying such sub- mission, signed Ijy at least ten per cent of the qualified electors who voted at the last preceding gubernatorial election in such town, city, village or school district. High School District — Officers — How Elected. (Chap, ter 438, Laws of 1907, amending section 492 as amended by chap. 345, Laws of 1903 and chap. 329, Laws of 1905.) Sec- tion 492. 1. The oificers of each free high school district shall be a director, treasurer and clerk, whose term shall be each three years beginning 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. 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 office?; if the resolution therefor be adopted. Thereafter such officers shall be elected at the annual town meeting or charter election. The votes cast shall be canvassed and the result declared and certified as provided. 2. But in all cities not under a county superintendent which 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. 3. And in all districts m.aintaining a graded school of not less than two departments which now constitute free high school districts or which shall hereafter adopt such 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. 4. Whenever a sub-district shall vote to establish and maintain a free high school, such sub-district shall constitutt. a free high school district, shall elect a free high school board, the clerk for one year, the treasurer for two years, and the director for three years ; thereafter one officer shall be elected annually in place of the one whose term expires at the annual meeting of such sub-district and such high school board shall perform all the duties and have the same authority as l;igh pchpol boards in towns qr districts, FREE HIGH SCHOOLS. 151 5. The clerk shall certify all taxes levied for high school piirpo3es to the town, city or village clerk, who shall apportion the same upon the taxable property of the sub-district, and the treasurer of such municipality shall collect the taxes thus apportioned and pay over the same to the high school treas- urer and return the delinquent taxes to the county treasurer as in other cases. 6. Separate ballots snd a separate ballot box for school district oificers shall be provided. 7. The names of candidates fcr school district officers voted for shall be printed or written on a ticket separate from the town, village or city ticket, and the ballots cast at this election shall be canvassed according to the statutes for conducting elections in the municipalities interested, the results certified to by the canvassing officers to be sealed and placed in the hand^; of the chainran of the town, the president of the village board of trustees or the mayor of the city, as the case may be. 8. Such, officers shall hold their first meetins' at two o'clock p. m. on the first Saturday following the town, village or city election at the office of the clerk of the town having the lar- gest population, or if a village or city shall be interested, at the office of the village or city clerk for the purpose of recan- vassing the votes cast in each munic:pality for the election of high school officers and certifying the result to the proper clerk. Said clerk shall certify the name of the officer or officers elected in said district to the clerk of each town, vil- lage or city, in the joint free high school 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 free high school districts. This act provides that all free high school officers shall be electea by popular vote. That provision of the old statute providing that in cases where the free high school district consisted of two or more towns, or of a town and a city, the free high school officers should K elected by the town boards of supervisors, or by the town board and three members of the city council has been repealed. High school board — Township system. Chapter 253, Laws of 1901. Section 1. (492a.) The town board of school directors in any township now organized or which may be here- after organized under the township system of school govern- mxcnt, shall be and is hereby ccnstituted 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-officip diyegr 152 SCHOOL LAWS OF WISCONSIN. tor, and the town treasurer shall be ex- officio treasurer of the free high school board of said district. Said board is hereby authorized to perform 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 a.ud 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 effect on and after the lawful surrender oJ' records, papers, moneys and other property as hereinafter pro- vided. The records and accounts of the board created by tins act shall be kept separate and distinct from the records and ac- counts 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 district composed of a single town organized under the township system of school government, is hereby authorized and directed, immediately upon the pass- age 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 property of the free high school diss- tricts, and the free high school board herein provided for shai; accept the care and custody of such records, papers, money, and other property and use them for and in behalf of the iree high school district in conformity to law. Officers' duties ; other statutes apply. Section 493. Such officers 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 re- spect to such high school district, all the powers and be charged with all the duties conferred and imposed by the statutes on the district officers and district board of a school district appli- cable to such high school district ; the treasurer shall give a like bond, to be approved and filed in a similar manner. The high school district 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 bb taught therein, under the advice of the state superintendent. Every forfeiture and punishment for neglect or violation of duty in a school district officer shall apply to a high school dis- trict officer for like neglect or violation. The reports of free high schools in cities not under a county superintendent shall be included in the reports from such cities to the state super- intendent. The officers, if elected, are to bear the same names and are elected fpr the same terms fis Ijke officers in schpol districts. In cities iude- FREE HIGH SCHOOLS. 153 pendent of the county superintendent, the board of education, — and in single districts, the district board, or under the township system tlie town board of school directors becomes the free high school boara, without action on the part of the people at the time of voting on the adoption of the system. The duties of the several oihcers 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, 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 free high schools shall be free to all pupils resident in the district. Every principal of stich school shall, in addition to his qualifications as teacher of a common school, be a graduate of some university, 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 qual- ify their holders both as principals and as teachers of common schools ; and each principal and assistant teacher in a free high school shall be eligible to teach only on approval of hi? certifi- cate by the, state superintendent; and the high school board or "boards of education having charge of such schools shall deter- mine, with the advice and consent of such superintendent, the course of study and minimum standard of qualification for ad- mission to the same. The state 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 superinendent a local certifi- cate that includes all the branches he is required to teach, and which continues in force duriiig the time for which he wishes his certificate to be approved. Should he desire to teach branches that are not in eluded in the highest certificate that the local authority is author- ized 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. Residents of towns and villages without free high schools may attend free high schools in other districts — Tuition, how paid. (Chap. 329, Laws of 1903, amendator> of Ch. 188 of the Laws of 1901.) Section 1. The free high 154 SCHOOL LAWS OF WISCONSIN. school board of any free high school district organized under the laws of this state, shall admit to the high school under its control, whenever the facilities for seating and instruction will warrant, any person of school age prepared to enter such school, who may reside in any town or incorporated village, but not with- in any free high school district, and who shall have completed the course of study in the school district in which he resides, or one equivalent thereto. Persons so admitted shall 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. Tuition fee, statement of. Section 2. Whenever per- sons, not residing in any free high school district and haying completed the course of study in the school district in which they reside, or one equivalent thereto, as herein provided, enter any free high school, the free high school board of that district shall be entitled and is hereby authori'zed 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 high 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 perscn so admitted from such city, town or village; this statement shall show the amount of tuition Vv^hich, under the provisions of this act, the district is entitled to receive for each person 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, which statement shall be filed as a claim against the town, city or village where such person re- sides, and allowed as other claims are allowed. Evidence of completion of course of study, what is sufficient. Section 3. The usual diploma issued by any school or school district organized under the laws of the state, shall be sufficient evidence of the completion of the course of study hereinbefore mentioned, and it shall be the duty of the state superintendent, in all cases where a course of study is not already prescribed, to prescribe a course of study and designate what shall constitute a completion thereof under this act. A duplicate of such diploma or a copy thereof duly certified as FREE HIGH SCHOOLS. 155 such, by any of the persons signing the original, shall be de- livered upon request to the persons named therein, and shall be filed by him with the secretary of the free high school board of the free high school district, upon his admission to its high school. A certificate from the county superintendent of the completion of such course, or that the diploma hereinbefore referred to has been properly issued to the person named therein, shall have the same effect as such diploma, as evidence of the completion of the course of study. All duplicate diplo- mas, or certified copies thereof, or certificates of county super- intendents so filed, shall be attached to the sworn statement of such secretary hereinbefore provided for. Tuition, how collected in villages. Section 4. The vil- lage clerk shall enter upon the tax roll of the village for the ensuing year such sums a? may be due for tuition on account of residents of the village 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 when so col- lected, to the treasurer of the free high school district or dis- tricts, where such persons have attended the free high school or schools. How collected in towns. Section 5. The clerk of any town not having within its territory a free high school district, shall enter upon the tax roll of the town 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 amount? so entered shall be collected when and as other taxes are collected, and shall be paid when so collected, to the treasurer of the free high school district where such persons have attended the free high school or S2hccl3. How collected in portion of town or city not in district. Section 6. The 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, noL within a free high school district, such sums as may be due for tuition on account of residents of that portion of the town or city, that 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 when so collected, to the treasurer of the free high school district or districts where such persons have attended the free high school or schools. . This law permits persons (a) of school age (b) not residing in a free high school district, and (c) possessed of proper evidence of hav- 156 SCHOOL LAWS OF WISCONSIN. ing completed a common school course of study, to attend any free high school in Wisconsin, where (d) facilities for Instruction are suf- ficient, and (e) subject to the rules and regulations of such school and makes their tuition not to exceed fifty cents a week, chargeable to the town, city or village in which they reside. Under "(c)" above the following points are to be noted: 1. The course of study to be completed must be prescribed by the state superintendent, and it is left to him to determine what shall con- stitute a completion hereof. The course prescribed by him is found in the manual for common schools. 2. Except in city superintendent districts, all public schools except free high schools, are under the supervision of some county superin- tendent, and all diplomas issued by such schools must receive his sanction in order to be received as evidence that the common school course of study has been completed. He may insist upon examination in all cases, or, as in the case of a system of graded schools under the supervision of a high school principal, he may accept the certificates of the principal without examination. 3. It follows, therefore, that whereas the principal, acting under di- rection of the board has heretofore had the power to determine the qualifications for admission, the power to do so now rests solely with the county superintendent. It would seem that in all cases where a pupil has been in attendance upon a free high school and has completed the work of any year of said high school, the records may be taken by the county superinten- dent as sufficient evidence of the qualifications of the pupil to continue high school work, and of his right, if he so desires, to have his tui- tion made a charge upon the town or village in which he resides. It would also seem that in cases where non-resident pupils complete the work in the 8th or 9 th grade in any district having a free high school, the record of such department may be accepted by the county superintendent as evidence of the fitness of such pupil to enter the high school with other pupils of the same class and grade, who are residents of the free high school district. 4. In order that charges for tuition may be collected by a free high school board from the town in which any nonresident student resides, the secretary must, before the first day of July in each year, file a sworn statement with the clerk, giving residence, name, age, date of entrance and number of months' attendance at school of each person so admitted from his town, city or village, together with the amount of tuition charged, such charge not to exceed fifty cents per week. 5. This statement must be accompahied by a diploma, or copy of diploma, or certificate from one who has signed the diploma, or a cer- tificate from the county superintendent. As above shown, this diploma, if from a public school under the supervision of the county superin- tendent, must have been issued by the county superintendent, or have received his sanction in order that it may be received as evidence that the common school course of study has been completed. When a certificate or diploma as above described, or a certified copy of either, has once been filed with the clerk, the law will doubtless be satisfied thereafter if other copies are not filed with him with the bill for tuition. Section 1 states that "persons so admitted shall be subject to the same rules and regulations as pupils of the school who are residents of the free high school district." This clearly gives the free high school authorities the right to examine all students and to reject any whose qualifications are found to be below the standard set by such school even though the diploma or certificate may be presented. FREE HIGH SCHOOLS. 157 Taxes, apportionment of. Section 495. The liigh school board shall annually, on or before the' se':'oncl Monday in Sep- tember, meet and determine the oiiiornt neeet-s^ary to be raised by tax for the snpport 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 town or to such clerk and the village clerk the proportionate amount thereof to be raised by such town 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 district. Such tax shall be apportioned on the next tax roll by such clerk or other officer making the same, and collected and returned as other taxes, and paid to the high school district treasurer. Such moneys shall be paid out only on orders drawn and counter- signed as prescribed in case • of school districts. Any town which is a single high school district may, by resolution adopt- ed at the annual town meeting, limit the amount to be raised for high school purposes during such year. In case of a joint high school district, the town boards of the several towns or 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, likemse limit the amount to be raised therein.. The taxes levied by the board of a joint free high school district cannot be affected bv the action of the board or of the electors of an.y town in the district. If the amount to b^ 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 the town meeting to the contrary. "The refusal of one town or any number of towns Cat least any number less than the whole), in a .joint free high school district, to levy and collect taxes on the taxable prop- ertv in any such town to nay its due pronortion of the expenses of maintaining the •school when such nroportion has been lawfully ascertained, cannot disorfranize or dissolve the joint district or relieve the clerk of anv such defaulting town of the duty of inserting the proper sum in the tax roll of his town." State v. Lamont, 86 Wis., 563. Providing" for town free high school buildings. (Chap- ter 123, Laws of 1903, amending chapter 27, Statutes of 1898, by the addition of a new section to be knowTi as Section 495a.) Section 495a. The electors of any town organized as a town free high school district are authorized at any annual town meeting or special town meeting, regularly called, to levy a tax upon the real and personal property of said town free high school district for the purpose of purchasing a site, erecting a suitable school building thereon, and furnishing said building 158 SCHOOL LAWS OF WISCONSIN. with the necessary furniture, and heating and ventilating ap- paratus. , This law was passed for the purpose of authorizing the electors of the town, assembled at some special or annual town meeting, to vote a tax for the purpose of providing funds for the erection and equip- ment of a town high school building and for purchasing a site. This law does not give the electors the power to select or designate the loca- tion of the free high school site. Powers of electors — Buildings for town free high school districts. (Cliapter 351, Laws of 1905.) Section 1. Upon the filing with the town clerk or clerks of each town in- cluded in any town free high school district and with the village clerk of any village included therein, a petition in writing signed by at least ten per cent of the qualified electors of such town high school district as determined by the last preceding gubernatorial election asking to have submitted to a vote of the electors of said district the question of erecting a new school building therein or building an addition to a school house or furnishing such building with necessary furniture and heating and ventilating apparatus, the supervisors of the. several towns and the trustees of any village included in any such joint free high school district, shall give notice of an election to be held in such towns or town and towns and village for the purpose of vot- ing upon such question, which shall be submitted to be voted upon in the form of a resolution embodying the question to be submitted and the amount of mcney proposed to be raised for such purpose upon which the electors shall vote aye or nay, and such resolution shall be adopted if a majority of the total vote in the entire joint free high school district be in favor thereof. Before issuing notice of such election the town clerks of the several towns and villages if any, included in such school dis- trict, shall meet and determine on a time for holding such elec- tion, which shall be held in each town and village upon the same day, and within ten days after such election shall have been haa the clerks of the several towns and villages included in such dis- trict shall meet and canvass the returns of such election and an- nounce the result thereof and make a written report thereon and file the same with the clerks of the several towns and villages in- cluded in such school district. Such election shall be noticed and conducted and the votes counted in the several towns as at town meetings and in a village, if any, as at village elections. Borrowing money. (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 ti^REE HIGH SCHOOLS. 159 is hereby auiliori'zed and empowered to borrow money when- ever directed by the electors of such high 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. Free high schools — State aid — How obtained — May- be withheld — (Chapter 527, Laws of 1907, amending section 496, Statutes of 1898, as amended by chapter 345, Laws of 1901, and chapter 214, Laws of 1899.) Section 496. 1. Any free high school district which shall have established a free high school according to the provisions of these statutes and shall have maintained the same for not less than eight 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 himdred dollars to one district; provided, this limitation shall not ap- ply to town free high schools. 2. To obtain such aid the high school board, or in cities not under a county superintendent, the president and secretary of the board of education and the treasurer, shall on or before the first day of August, report in duplicate to the state su- perintendent, under their oaths, the amount actually expended for instruction during the previous school year, specifying the several items thereof, with the date and object of each fully. Thereupon said superintendent shall fix the amount to be paid such district and certify the same to the secretary of state with one of such reports annexed; provided, that the state super- intendent may withhold such state aid from any free high school district in which the scope and character of the work are not maintained in such manner as to meet his approval or which the high school building, the outhouses and grounds, or the furniture and equipment are not maintained in good condition and kept clean and free from any unsanitary feat- ures; or in which the high school is not provided with suffi- cient equipment, including globes, maps, blackboards, library, scientific apparatus and other essentials for the proper work of the school or for failure to comply with any of the provisions of the free high school law. He may order and direct that an amount equal to the whole or part of such state aid for any year shall be expended in the purchase of proper equip- 160 SCHOOL LAWS OF WISCONSIN. ment and in case of failure of the district to comply with such direction he shall withhold from the aid to that district an amount equal to the sum ordered 'to be expended. On such certificate, at any time after the first day of December, the certified amount shall be paid to the district treasurer out of the state treasury. 3. The secretary of state shall annually include and appor- tion in the state tax all such sums as shall have been paid. Whenever, owing to any failure or neglect to make the report required by law, any free high school shall fail to have ap- portioned to it, its share of the state aid, the state superintend- ent may, after the time hereinbefore fixed for such apportion ment by him, fix an amount ten per centum less than the amount which said school would have been entitled to had it complied with the provisions of this section, and certify the same to the secretary of state with 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. 4. 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 districts 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 491b as amended by this act, is not demanded or expended under the provisions of that section then the un- expended balance of the amount therein annually authorized to be paid in aid of such schools may be added to and appor- tioned among the free high schools provided for in sections 490 and 491. This relates to free high schools only and makes entirely clear cer- tain powers that existed under the old law by implication. This act ■definitely authorizes the state superintendent to withhold state aid from any free high school district in which the school work is not car- ried on in an efficient manner or in which the school buildings, grounds, furniture and equipment are not maintained in good condi- tion and kept free from unsightly and unsanitary features. Free high school officers and electors of districts maintaining free high schools may l-e directly affected by this act and the officers especially, should immediately take such action as may be necessary in order to avoia any possible chance of failure on the part of the free high school dis- trict to share in the usual high school apportionment. Supervision and course of study. Section 496a, (as amended by chap. 439, Laws of 1901.) The state superintend- ent shall prepare a course or courses of study suitable to be pursued in free high schools, publish the same and furnish the FREE HIGH SCHOOLS. 161 same upon application. He shall exercise such personal super- vision and make such personal inspection of the work of all such schools as they 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 teach- ing in high schools, and grant certificates to such as pass ex- aminations satisfactorily, which 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 be open to all students in thig school and a sat- isfactoiy 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- turns 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 the English branches only, the number completing the course of study each year and such other statistics 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 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 local 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. Manual training — State aid for. (Chapter 503, Laws of 1907, amending sections 496b, and 496c, as amended by chap- ter 273, Laws of 1899, and creating section 496c — -1.) Section 496b. Any board having charge of a. free high school or of a high school having a course of study equivalent to the course or courses prescribed by the state superintendent for such schools may establish and maintain a department of manual 11— S. L. 162 SCHOOL LAWS OF WISCONSIN. training in connection with the high school under its manage- ment, or in connection with said high school and the three upper grades next below the high school, as said board shall de- cide. The expense of maintaining such department shall be provided for in the sa;me manner as other expenses of main- taining such schools, and such department 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 information and assistance as may seem necessary in organilzing and maintaining such departments, and in ar- ranging schemes and outlines of work; and with the aid of the inspector of high schools, and when occasion shall require it, with the aid of the inspectors of graded schools, shall have the general supervision of all manual training departments established under this section ; and shall from time to time in- spect the same, make such recommendations relating to their management as he may deem necessary, and make such report thereon as shall give full information concerning their number, character and efficiency. The state superintendent shall estab- lish a standard of qualification for all teachers in such depart- ment, and may grant special certificates to such applicants as are fully qualified to instruct in special lines of manual work, which certificates shall be in suah form and for such time as he may prescribe, and shall be regarded as qualifying the holders thereof to teach in any manual training department. Section 496c. Any school whose course of study or out- line of work in manual training has been approved by thu 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 may remain there 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 such superintendent. On the first day of July in each year the clerk of each school board maintaining a school on the ap- proved 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 be required, setting forth the facts relating to the cost of maintaining the manual train- ing department thereof, the character of the work done, the number and names of teachers employed, and the length of time such departm.ent was maintained during the preceding year. And upon the receipt of such report, if it shall appear that the department has been maintained in a satisfactory man- FREE HIGH SCHOOLS. 163 ner for a period of not less than six [eight] months during the year, the said superintendent 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 for one-half the amount actually expended for^ instruction in the manual training course during the year for which the state aid is received, not however, to exceed three hundred and fifty dollars if the manual training department shall have been maintained in connection with the high school and the three upper grades next below the high school, but not to ex- ceed two hundred and fifty dollars if the manual training de- partment shall have been connected with only the high school. The sum payable in accordance herewith to be payable to the treasurer of the district or corporation maintaining the school: provided, that the total amount expended for such purpose shall not exceed twenty-five thousand dollars in any year. Section 496c— 1. By and with the advice and consent of the state superintendent of public instruction, the district board or boards of education of two or three school districts each of which maintains a free high school, may unite in en- gaging the services of a suitable teacher or teachers of manual training for the purpose of giving instruction in manual train- ing in the school of the districts so uniting. Each of the school districts so uniting shall pay such share of the salary of the instructor or instructors of manual training as shall be pro- portionate to the time devoted to instruction in manual training in the schools of each said districts. Each school district in- cluded in such agreement and giving instruction in manual training in accordance with the provisions of this chapter shall receive the state aid provided for in this chapter. The provisions of this chapter are easily understood and must com- mend themselves to the consideration of all free high school boards. SCOPE OF THE WOKK. (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) Specifically, 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. (f) Lrathe 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 164 SCHOOL LAWS OF WISCONSIN. facilities are provided, and tlie 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 TEACHEES. Each applicant will be judged as to fitness by literary and mechan- ical training, and upon evidence of intelligent apprehensions 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 en- ergy are called into activity, to cultivate precision and multiplicity of perception, the correlation and co-ordination of processes of rea- soning and reflection, which result in variety and accuracy of judg- ment. The product of these processes is higher, broader mental cul- ture, as well as mechanical skill; that the latter shoul.d be the sign and token of the former; and that only such as discern this significance in manual training should be entrusted with the management of such departments. The manual training schools, and the mechanical en- gineering department of the university of our own state and those of other states, should furnish an adequate supply of competent teachers. For certificates and diplomas see chapter 64, Laws of 1903, page of this code. THE EQtriPMENT AND WORK REQUIEED. 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 considered 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, confin- ing 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. UNION FREE HIGH SCHOOLS. 165 XIIL— UNION FREE HIGH SCHOOLS. Establishment. (Chapter 493, LaAvs of 1909.) Section 495 — -1. AVith the advice and consent of the state superin- tendent a free high school to be known as a union free high school may be established and maintained in any tract of con- tiguous, territory with an area of not less than thirty-six square miles, such territory to be bounded by section lines or by lines bounding in part an existing free high school district, or in cases where impassable streams, lakes or swamps render it im- practicable to follow section lines such natural boundaries may be substituted. No such union free high school district shall be established or maintained unless at least twenty-five persons of school ag'3 resident of such tract of territory give evidence through ex- amination or otherwise satisfactory to the state superintendent that they are prepared to begin a high school course. Territory all in one town. Section 495—2. In ease the tract of territory is entirely included in one town and said tract does not include within its boundaries an incorporated village, it is hereby made the duty of the town board of that town to submit the question of establishing such union free high schooJ to the voters of such tract upon filing with the chairman of said town board a petition praying for such submission for election. Said petition shall describe the boundaries of the proposed anion free high school district and shall be signed by at least one- fifth of the persons resident therein and qualified to vote at any school district meeting. The chairman shall within ten days after the receipt of the petition notify the. clerk of his town, and the clerk shall cause at once ten days' notice of such elec- tion to be given by posting at least six copies thereof in at least six different public places in such tract of territory, or by pub- lishing such notice in any newspaper published therein once each week for two weeks immediately prior to the time set for 166 SCHOOL LAWS OF WISCONSIN. holding the election. The election shall be conducted and the vote canvassed according to the statutes for conducting town meetings. Territory in two or more towns. Section 495 — 3. In case the said tract of territory shall lie in two or more towns and contains no incorporated village, such petition may be pre- sented to the chairman of any one of the town boards of super- visors of such towns, and this chairman shall, within five days of the receipt of said petition, notify the other chairman or chairmen as the case may be, of the receipt of the petition and shall set a date for a meeting of all the chairmen of the towns interested for the purpose of fixing a time and place for holding such union free high school election; and it shall be the official duty of said chairman to meet on said date and fix upon the time and place for holding such election. If any chairman is unable to attend he shall delegate one of the other supervisors of his board to attend upon this meeting to act in his place. The election shall be noticed and conducted for the entire tract of territory which is to be included in the proposed union free high school district by the town board of the town in which the election is held and in the manner provided for above in the case where all the territory is included in one town. Incorporated village and ontside territory. Section 495 — 4. In case the tract of territory which it is proposed to form into a union free high school district shall contain an in- corporated village the petition may be presented to any town chairman as designated above, or to the president of the village. It shaU then be the duty of the official to whom the petition is presented to notify each chairman (or the village president) of the receipt of such petition and to fix a time and place for a meeting of said officers for the purpose of fixing a day for hold- ing the election. The election for the village shall be held in the village on the same day the election for the territory lying outside is held and the election for the territory lying out- side the village and which it is proposed to include in the union free high school district may be held in the village or at any other convenient place agreed upon and designated in the notice. The election for the village shall be noticed and con- ducted and the votes canvassed in the manner provided by stat- ute for conducting village elections and the election for that ter- ritory lying outside the village limits and which it is proposed UNION FREE HIGH SCHOOLS. 167 to include in the union free high school district shall be noticed and conducted and the votes canvassed in the manner provided by statute for noticing and conducting town elections. If this outlying territory comprises parts of two or more towns, the supervisors at the meeting referred to above shall designate the town the officers of which shall notice, .control and direct such election. Vote to be taken by ballot. Section 495 — 5. In all cases the vote shall be by ballot, those ballots in favor being written or printed "for the union free high school," those opposed ' ' against the union free high school, ' ' and the question shall not be adopted unless a majority of the- electors voting in that part of the territory outside of the village and a majority of the electors voting in the village shall be in favor thereof. Eesult — how certified. Section 495 — 6. The result shall be certified at once by the election officers to the clerk of each towii and the village concerned and if the question be adopted, the result shall also be certified to the state superintendent by the clerk of each municipality interested, such certificate to be filed with the state superintendent within six days after the election, and such tract of territory shaU upon approval of the state superintendent constitute a union free high school district. Effect on high school district if there is one. Section 495 — 7. If an existing free high school district is included in the tract or territory embraced in the proposed union free high school district, the formation of the union free high school dis- trict and the establishment of a high school according to the pro- visions of this act shall annul the organization of the existing free high school district. Officers — election. Section 495—8. The officers of such high school district shall be a director, treasurer, and clerk, who shall have the same authority, be charged with the same duties and be under "the same liabilities as like officers of other free high school districts. The term of each shall be three years, beginning with the annual union free high school district meet- ing held on the third Monday in March, and each officer elected shall continue in office 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 at the same election at which the question of establishing a union free high school is submitted. In such cases a separate ballot box shall be pro- 168 SCHOOL LAWS OP WISCONSIN. vided for the election of officers, and a plurality of the votes cast shall be sufficient to elect. In case an incorporated village shall be included in the proposed union free high school district the officers of the election in the outside territory shall meet at once after the polls are closed, in the office of the village clerk and the votes for said officers in the outside territory and in the village shall be counted as a joint vote, and a plurality of the votes cast shall be sufficient to elect. The time until the first annual meeting shall be counted as the first year in determining the term of office. Thereafter of- ficers shall be elected annually in place of those Vv^hose terms ex- pire at the annual meeting of such union free high school dis- trict. Annual meeting. Section 495—9. The annual union free high school district meeting for the election of officers and the transaction of other business shall be held on the third Wednes- day in March, unless that be a legal holiday, in which case it shall be held the next day. The election of district officers shall be held in some con- venient room in the union free high school building, if there be such building, and if not, then in some other convenient room determined upon by the board and specified in the notice. If the notice does not so specify it shall be understood that the building in which the last annual meeting was held shall be the building designated. The election of officers shall be by ballot and suitable ballot boxes shall be provided therefor. The polls shall be opened at one o'clock in the afternoon of the day fixed by law for holding the annual free high school district meeting and shall be closed at seven o'clock of the same day. The time of opening and closing the polls as well as the place of holding the election, shall be specified in the notice of such election or meeting, but a failure to so specify the time of opening and closing the polls and designating the place where the annual meeting or election is to be held and conducted shall not vitiate such election. Immediately after the polls are closed and the ballots counted the electors shall organize for the purpose of conducting the regular and usual business, other than the election of officers, necessary for carrying on and maintaining the union free high school. As soon as the meeting is regularly organized the re- sult of the election of officers shall be declared. The officers conducting the election shall consist of the union free high school district clerk and two other persons selected by the school district board. If an incorporated village is com- UNION FREE HIGH SCHOOLS. 169 prised in the district one officer shall be selected from the vil- lage and one from the territory lying outside of the village and included in the union free high school district. The inspectors and clerks of this election shall make and keep a list of all the electors, men and women, voting at the election. The am.ount of compensation paid to the inspectors or clerks of election shall be such sum as may be agreed upon by the dis^ trict board, not to exceed two dollars for each inspector engaged and acting in conducting this election, said compensation to be paid from any funds in the trea^^ury of the school district not otherwise appropriated. Board meeting — when held. Section 495—10. It shall be the duty of the district board to meet on the Saturday imme- diately preceding the annual meeting, carefully examine the accounts of the treasurer and make up a full and itemized re- port 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, if any, for which the district is liable, of the amount necessary to be raised by taxes for the report 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 dur- ing the 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 meeting. Notice of annual meeting. Section 495—11. The clerk shall give at least six days' previous notice of the annual meet- ings by posting notices therefor in six or more public places in the district^ one of which shall be affixed to the outer door of the union free high school building, 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 of due notice, unless it shall appear that the omission to give such notice was wilful and fraudulent. Special meetings — how called. Section 495—12. Spe- cial meetings shall be called by the clerk or in his absence by the director or treasurer on the written request of twenty legal voters of the district, and notices thereof specifying particularly the business to be transacted shall be posted in the manner pre- scribed for calling the annual meeting; and the electors when lawfully assembled at a special meeting shall have power to transact the same business as at the first or annual meeting ex- 170 SCHOOL LAWS OF WISCONSIN. cept the election of officers. But no more than one such special meeting to consider the same subject shall be held in the district in the samie 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 per3onally or by 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. Who may vote. Section 495—13. Every resident elector of the district shall be entitled to vote in any annual meeting, provided such elector has resided therein for at least thirty da;;-s next preceding any meeting. I Electors — power of. -Section 495—14. The inhabitants of any school district qualified by law to vote at a high &chc:ol district m^eeting when assembled at the first and each annual meeting in their district or at any adjournment thereof, shall have power : (1) To appoint a chairman for the time being, and in 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. (2) To adjourn from time to time as occasion ,nay require. (3) To vote such tax as the meeting shall deem sufficient to purchase or lease a suitable site for a schoolhouse, to build, hire, or purchase a schoolhouse and to keep in repair and '"ur- nish the same with necessary furniture and ventilating and heat- ing .apparatus, and to provide for the equipment and mainte- nance of the union free high school. (4) To authorize and direct the sale of any union free high schoolhouse, site or other property belonging to the union free high school district when the same shall be no longer needed for use in the district. (5) To impose such a tax as may be necessary to discha™;e any debts or liabilities of the district lawfully incurred. (6') To authorize the union free high school district board to borrow money as provided in the statutes. (7) To authorize the union free high school district board to purchase text-books for use in such high school, to be loaned or furnished pupils under such conditions as, by such vote and regulations of the board thereunder, may be prescribed. UNION FREE HIGH SCHOOLS. 171 (S) To determine the length of time a union free high scliool shall be taught in said union free high school district the then ensuing year, which time shall not be less than nine months. Vacancies in board — how filled. Section 495—15. The board may fill by appointment 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, the town or village clerk of the town or village in which the union free high school house is situated shall fill such vacancy by appointm.ent. Any person upon being notified of his appointment shall be deemed to have accepted the same unless within five days thereafter lie shall file with the clerk or director a written refusal to serve, and any person so appointed shall hold, office until the next an- nuaT meeting, at which the electors shall fill such vacancy for the unexpired term. Failure to vote tax — how levied. Section 495—16. If any union free high school district at its annual or at any sub- sequent special meeting prior to the third Monday of November following, shall not vote a tax sufficient to maintain a union free high school for the term of nine months during the current year, the board, on or before the next Wednesday following said third Monday in November shall determine the sum necessary to be raised to maintain such school, and the clerk shall forth- with certify to the town or village clerks the amount so assessed who shall assess the same as other district taxes are asses>ed. Incorporation of village or city not to affect district or- ganization. Section 495—17. The incorporation of a part of the territory of a union free high school district organized under the provisions of this act, as a village or city shall not affect the organization of such union free high school district. Taxes — how collected. Section 495—18. All taxes pro- vided for in this act shall be levied and collected as in the case of single or joint common school districts of the state. Section 495—19. All acts and parts of acts relating to town free high schools not conflicting with the preceding sections shall be in force and effect and shall apply to union free high schools established under this act, and the provisions relating to state aid to town free high schools shall be applicable to all union free high schools established under this act. 172 SCHOOL LAWS OF WISCONSIN. XIY.— STATE GKADED SCHOOLS, Districts whicli may receive special state aid for main- taining" graded schools. (Chapter 289, laws of 1909, amend- ing chapter 374, laws of 1907, as amended by chapter 289, laws of 1905, as amended by chapter 285, laws of 1903, amending chapter 439, laws of 1901.) Section 496d. The school board of any school district, * * * maintaining a graded school bnt no free high school nor a * * * school of a grade equivalent to a free high school, town free high schools excepted, may re- ceive special state aid as hereinafter provided upon full com- pliance with the following conditions. Glasses. 1. There shall be two classes of state graded schools in Wisconsin, known respectively as first class and sec- ond class ; all state graded schools of three or more departments shall be in the first class, and all graded schools of two de- partments shall be in the second class. Average daily attendance — length of school year. 2, Schools shall be maintained in the district receiving such aid, at least nine school months, including legal holidays, in each and every department. At least three departments in schools of the first class and both departments in schools of the second class shall have an average daily attendance of not less than fifteen pupils for the entire school year, to entitle the school to state aid. Qualifications of teachers. 3. All persons employed in both classes of graded . schools applying for state aid shall be competent teachers and shall hold the following grade of cer- tificate : The principal of a state graded school of the first class shall hold some form of a state certificate. In each school of this class one assistant shall hold a third grade certificate, or a STATE GRADED SCHOOLS. 173 certificate of a higher grade, provided such assistant, if holding a third grade certificate shall have had one year's successful experience as a teacher in the public schools of Wisconsin ; one assistant shall hold a second grade certificate, or a certificate o£ a higher grade, and all other assistants shall hold first grade cer- tificates or certificates of the higher grade. The principal of a stat€ graded school of the second class shall hold a first grade county certificate, or some form of a state certificate and shall have had not less than one year of successful experience as a teacher in a public school or a second grade county certificate and shall have had not less than two years of successful experi- ence as a teacher in a public school, provided that the testimo- nial of successful experience herein required shall be issued by the county superintendent of schools in the county in which the certificate is in force, and the assistant shall hold a third grade certificate, or a certificate of a higher grade, provided such as- sistant, if holding a third grade certificate, shall also have had one year's successful experience as a teacher in the public schools of Wisconsin. The word "principal" is hereby inter- preted as meaning the. teacher of the highest grade or grades in the schools who shall have immediate supervision of all the grades; the word "assistant" is hereby interpreted as meanmg each and every teacher in the state graded school other than the principal. Condition of building and grounds. 4. The schoolhouse or schoolhouses, the outhouses, and the grounds, the furniture, and equipment shall be maintained in good condition and kept free from any unsanitary feature. Equipment. 5. Sufficient equipment, including globes, maps, blackboards, library, and other essentials for the proper work of the school shall be provided by the school district. Inspection of school — application for state aid. 6. When the school board of any school district desires to secure state aid for its graded school, said school board shall make written application for the same to the state superintendent. No graded school shall be entitled to be placed upon the list of state graded schools and to receive special state aid until said school shall have been duly inspected by the state superintend- ent, or some member of his staff, and found to be fully comply- ing with all the conditions of this act. 174 SCHOOL LAWS OF WISCONSIN. Application — when made. 7. In order that any graded school may receive special state aid as herein provided, applica- tion shall be made to the state superintendent by the school board before the first day of September preceding the school year for which said special state aid is requested. Under this chapter teachers who hold second grade certificates and v/lio have had at least two years' successful experience may be legally engaged as principals of state graded schools of the second class. A teacher who hclds a first grade certificate must have had at least one year's successful experience. The word "year" now means at least eight months. Previous to this seven months constituted a lawful school year. The testimonial of successful experience must be certi- fied to by the county superintendent and a copy filed with the clerk of the district subject to examination by the state graded school in- spector. State graded schools — state aid — amount of. (Chap- ter 375, laws of 1907, amending section 10 of chapter 439, laws of 1901, as amended by chapter 332, laws of 1905.) Section 496e. 1. Any school district which shall have maintained a graded school of the first class in accordance with the provisions of this act shall be entitled to receive from the general iund of the state, annually, the sum of three hundred dollars. Any school district which shall have maintained a graded school of the second class in accordance with the provisions of this act shall be entitled to receive from the general fund of the state, annually, the sum of two hundred dollars. 2. To obtain such state aid the school board shall, on or before the first day of August of each year succeeding the school year in which the application is made, report to the state super- intendent, under their oaths, that such state graded school has complied with all the provisions of this act. Thereupon the said state superintendent shall fix the amount to be paid such district, and certify the same to the secretary of state, the sec- retary of state shall then draw his warrants upon the state treasurer for the several claims of the school districts. 3. The secretary of state shall annually include and appor- tion in the state tax such sum as shall have been certified by the state superintendent under the provisions of this act. 4. Upon receipt of the annual state taxes said state treasurer shall pay to the school district treasurers, the several amounts called for by such warrants. 5. The state superintendent is hereby empowered to refuse state aid to any school district which in his judgment has failed to comply with the provisions of this act. 6. The whole amount annually paid under the provisions of this act shall not exceed one hundred and twenty thousand STATE GRADED SCHOOLS. 175 dollars, and if more be demanded by the state graded schools, it shall be paid proportionally. Any unexpended balance shall revert to the general fund. Districts maintaining state graded scliools of tlie second class may receive hereafter two hundred dollars annually instead of one hundred dollars as heretofore. It is intended that this additional sum shall aid school districts to secure better teachers, better school room and school ground conveniences, better buildings and better heating, ven- tilating and lighting. It is not intended solely to relieve the district from any burden of taxation for ordinary school purposes. See com- ments under section 436. Inspectors. Section 11. The state superintendent is here- by authorized to appoint two persons of suitable qualifications to assist him in inspecting and supervising the state graded and free high schools, and to aid him in giving information and needed assistance to localities in organizing such schools. Such persons shall be known as state school inspectors, and shall each receive an annual salary of eighteen hundred dollars, and re- imbursement for all actual and necessary traveling expenses incurred, when duly certified to by the state superintendent; said salary and expenses to be paid monthly from the general fund, and to be deducted from the annual appropriation pro- vided for in this act, before the apportionment is made to the state graded schools. Said state school inspectors, when not en- gaged in the specific duties enumerated herein, may be assigned for such other duties as the state superintendent may determine and designate. Course of study; reports. Section 12. The state superin- tendent shall prepare a course of study suitable to be pursued in graded schools, publish the same, and furnish to school boards upon application. This course of study shall be followed by all state graded schools, as one condition of securing special state aid. Said state superintendent shall furnish suitable blanks for annual and special reports for all such state graded schools, which reports shall call for such information as he may deem necessary. The refusal or neglect of the school board or any of its officers to file these reports with the state superintendent when called for, shall be deemed sufficient ground for refusing special state aid, as provided for in this act. Number limited; incorporated cities excluded. Section 13. No more than one such graded school in any village, or school district or sub-district, shall receive state aid as herein provided, nor shall any graded school in any incorporated city participate in said state aid. ifQ SCHOOL LAWS OF WISCONSIN. Appropriation. Section 14. There is hereby appropriated out of any moneys in the general fund of the state not other- wise appropriated, a sufficient sum of money to meet the pro- visions of this act. A district having a school of but one department, with a large at- tendance may, uiider this law, find it decidedly advantageous to or- ganize an additional department, properly grade the school, and by so doing become entitled to special aid from the state, to the amount of $200 or $300 per annum; as the ease may be. Applications for place upon the graded school list should be made before the first day of Sep- tember, in any year. The following directions and suggestions are given for the consideration of school boards of districts interested in securing special aid under this Chapter. 1. Write to the state superintendent for a special application blank. 2. When thfe blank is received, call a meeting of the school board in accordance with law, make a motion to apply for state aid, record this motion and the vote upon it as a part of the minutes of the meeting, then fill out the application which must be signed by at least a majority of the members of the board, and return it to the state superintendent. If it is proposed to organize an additional department to your school for the coming year, you should plan to recommend the levying of a tax sufficient to meet such changes as may be necessary, to the elec- ters at your annual school district meeting to be held the first Monday in July. Provision must also be made for nine months of school dur- ing the year. The applicatiola for the state aid, properly sighed, must be in the hands of the state superintendent before September 1 of any year. In the employment of teachers, the board must see that each teacher holds an unexpired certificate of a grade demanded for the department of which each teacher is to take charge. RURAL SCHOOLS. 177 XV.— RURAL SCHOOLS. Special state aid. (Chapter '600, laws of 1907, as amended by chapter 154, laws of 1909, amending sec- tions 560f, 560g, 560h and 5601 only and adding section 560n.) Section 560f . Every school district which shall have main- tained a school or schools for eight months the previous year, supplied needful apparatus and text books, and kept the school- house and out buildings in proper condition and repair, sliall for the purposes of this act, be deemed to have maintained a rural school or schools of the second class. Section 560g. Every school district not composed wholly or in part of an incorporated village or city, nor containing a state graded school, which shall have maintained a school or schools for eight months the previous year, provided a suitable school building and out buildings, needful apparatus, supplementary readers and installed an adequate system of ventilation, and done efficient work, shall, for the purposes of this act, be deemed to have maintained a rural school or schools of the first class. Section 560h. Any district maintaining a rural school or schools of the second class shall be entitled to a share in all state aud county school moneys. Any district maintaining a rural school or schools of the first class shall be entitled, in addition to the moneys specified for rural schools of the second class, to special state aid to the amount of fifty dollars per year for each school so maintained for. three years to be paid from the state treasury. Section 560i. The state superintendent shall inform the county and district superintendents as to what shall be consid- ered needful apparatus and proper equipment and an improved system of ventilation for rural schools; and in ca-^e of disagree- ment between the school district and the county or district superintendents as to whether a school has the proper equip- ment, his judgment shall be final. 12— s. L. 178 SCHOOL LAWS OF WISCONSIN. Section 560j. Any school district which desires special state aid as provided in section 560h of this act, shall make out an application in writing to the county or district superintendent on a blank furnished by him setting forth the condition of the buildings, the amount and nature of the apparatus in the school and a description of the system of ventilation used or in use. A defect in the building or ventilating system or a deficiency in apparatus in process of repair, the county superintendent may consider it, for the purposes of this application, as having been completed; subsequent neglect, however, to complete such repairj or to m.ake such purchases as the board have previously certified to be in process of making, shall be ground on which the county or state superintendent may revoke the approval of the application Section 560k. If the county superintendent shall approve of the application, he shall endorse the same and remit it to the state superintendent of public instruction who shall act upon the applications in the order of their reception. Section 560 1. To each district which shall comply with all the provisions of this act, and whose application for aid shall have been approved by him, the state superintendent shall ap- portion the sum of fifty dollars for each rural school of the first class maintained by said district which shall be paid in the same manner as other formes of special state aid are now paid. Section 560m, To carry out the provisions of this act there is hereby appropriated annually out of the moneys assessed and collected under the provisions of chapter 313, laws of 1903, amending section 1072a of the statutes of 1898, a sum sufficient to meet all the approved claims coming under the provisions of this act. Section 560n. 1. As used in sections 560f, 560g, 560h, 560i, 560j, 560k, 5601, 560m and 560n the words "school district" shall include sub- districts in towns which have adopted the township system of school government. 2. Nothing contained in this act shall be construed so as to increase the number of payments which may be received by any district for any school qualified as required by sections 560f, 560g, 560h, 560i, 560j, 560k, 5601 and 560m to more than three on account of any one school. This is distinctly for the purpose of hringing about better conditions in the country schools in the state. It provides that the sum of fifty dollars annually shall be paid as special aid for a period of three years. Before the district can, however, receive this fifty dollars it v>rill be necessary that school shall be maintained for at least eight months and the conditions named in the chapter complied with. The special apportionment will be provided for at the time the regular an- RURAL SCHOOLS. > 179 nual apportionment is provided for and will be available at the same time, February 1909. This act is of special interest to school boards. It was impossible in the law to specifically define just what is meant by "suitable school building", "out buildings", "needful apparatus", 'supplementary readers", "adequate system of ventilation", and "effi- cient work in teaching". The interpretation of most of these terms and some otliexs will be found in the comments under chapter 39, Lav>"s of 1907, as printed in this code. Indeed there is no reason why all that is required in chapter 39 should not be required under this chapter. In order that the teaching work may be "efficient" it is es- sential that good order shall have been maintained in the school; that the teacher shall have been competent, energetic, faithful and pro- gressive in the work of instruction. In other words, the district must have maintained what will be considered by every intelligent patron and the county superintendent as a good school in every essential particular. The term "adequate system of ventilation" includes also a system of heating. The tv/o naturally go together. It does not mean, however, that it is necessary for the district to purchase some patented system manufactured by regularly established firms and furnished through soliciting agents. As long as the system is "ade- quate" it will be considered sufficient. The attention of all school boards is called especially to the provisions of this chapter and chap- ter 39. They naturally go together, and the comments under chapter 39 will make plain all particulars and espscially ■ those relating to methods of properly heating and ventilating the school room. Read also chapter 232. 180 SCHOOL LAWS OF WISCONSIN. XYL— TOWNSHIP SYSTEM OF SCHOOL GOYEENMENT. 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 several 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 government as provided in section 552. Sub -districts, formation and alteration of. Section 517. New sub- districts may be formed 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 alteration 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-districts shall be maintained 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 ss 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. schoolhouses of which are situated in such town, shall constitute the town board of school directors. Their powers. Section 519. The said board shall be a body corporate and shall possess the usual powers of a corpor- ation for public purposes, by the name and style of "the board TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 181 of school directors of the town •" (the name of the town to wliich the board belongs), and in that name shall sue and be sued, and be capable of contracting and being contracted with, 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 schoolhouses of which are situated in any town adopting the township system, shall constitute the first board of directors of such toAvn; 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. " Section 520. Each board of directors have, in their corporate capacity, the title, care and custody of all schoolhouses, schoolhouse sites, furniture, apparatus and other property of all kinds 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 town. Meetings. Section 521 (as amended by chapter 416, laws of 1901). The said board shall 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 shall 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 ab- sence or disability, by the president upon the application of one4hird of the m.embers of the board, and shall be called by notifying each member personally or by leaving a written notice at his place of residence Dr business stating the time, place and objects of the meeting at least five days before the time ap- pointed therefor. The members shall be reimbursed their ex- penses actually and necessarily incurred* in attending all meet- ings, 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 mem- bers of the board, a majority of whom shall constitute a quo- 182 SCHOOL LAWS OF WISCONSIN. rum, assembled at each annual meeting, shall elect from their number a president and a vice president ; also a secretary who may or may not be of their number, but who shall be a resi- dent 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 esceed twenty-five days in each school year, and the other members of the executive committee m^ay, when the elec- tors 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 state- ment 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 notice 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 meeting thereafter, shall by ballot or viva voce vote elect three competent persons, tax payers in the town, who shall act as a committee 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 im- mediately preceding such annual town meeting at such an hour and place as shall be previously agreed upon between •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 imder 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, boous, accounts and vouchers, the committee shall immediately proceed to make a careful examination thereof and a written report of their findings and conclusions, said report to be presented and read to the electors assembled at the annual town meeting, immedi- ately 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 of the town, as provided under section 535 of the statutes of 1898. The report of this commitee shall be signed by the members, or a majority thereof, and shall be entered upon the TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 183 record books of the secretary of the town board of school direct- ors, a3 a part of the records of the town. Sections 530 to 537 name the special duties of tlie secretary of the town board of school directors. His total compensation can not be made to exceed seventy-five dollars in any one year. School buildings, sites, etc. Section 524 (as amended by Chap. 351, Laws of 1901). The board may, out of the funds provided by the town for that purpose, 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 pur- poses, provide suitable water supply and arrange for the trans- portation 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 m^ay sell and con- vey the same, such conveyance to be executed by the president and secretary of the board. Estimates of expenses. Section 525. Said board shall, at -the regular meeting in March, annually estimate and deter- mine the amount of money which will be necessary for the support of schools and for the building and repairing of school houses in the' town for the year beginning on the first day of July next following. Mainten8.nce and government of schools. Section 526 (as amended by Chap. 351, Laws of 1901). Said board shall establish and maintain such and so many schools in the several subdistricts under their charge as they may deem requisite and expedient. There shall be at least one common school in each sub-district, provided that this provision may be suspended for any sub-district by the state superintendent, whenever the to^vn board of school directors shall present to him satisfactory evi- dence that they have made proper provision for the transporta- tion of pupils residing in any sub-district, to and from the school or schools in another sub-district or sub-districts, as the case may be. The board shall have the supervision and man- agement of all the schools, with full power to adopt, enforce, modify and repeal, from time to time, all rules and regulations not inconsistent with law necessary for their organization, grad- ation and control, and for the instruction given therein, and to establish and enforce proper penalties for the violation of such rules and regulations. 184 SCHOOL LAWS OF WISCONSIN. Powers of boards. Section 527. All poAvers .conferred upon district boards by the provisions of this chapter, except- ing those the exercis,e of which would conflict with the provi- sions of law relative to the township system, are hereby con- ferred upon the town boards of directors herein provided for. Executive Gommittee. Section 528. The president, vic,e- president and secretary of the town board of directors shall con- stitute an executive committee, who shall execute all orders of the board; and for this purpose all power and authority vested in such board shall be deemed vested in the executive commit- tee, a.nd any duty devolved upon 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 committee 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 completed 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 accu- rate and specific account of all expenses incurred by the board, including a list of all orders drawn hy him, with the date, amount, person in whose favor and object for v/hicli each order was issued; he shall properly file all papers deposited with him in accordance with law, and shall keep and preserve all books, papers and records belonging to hi 3 office and deliver the same to his successor. Map and change of sub -district. Section 531. He shall make and keep in his office an accurate map of his town showing 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 forired 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 altera- tion a copy in writing of the record of the action of the board in the matter. TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 185 Supervision of schools. Section 532. He shall have the immediate 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 arranging them. He shall visit each school in his town at least twice during each term thereof; shall examine into its condi- tion and progress; consult with and advise the teachers in re- gard to the methods of instruction and government, and shall report to the board from time to time such improvements as his experience shall dictate are calculated to benefit the school. Orders on treasurer. Section 533. He shall draw orders on the town treasurer for moneys 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 purposes 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 drawTi 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 un- der the care of the board of directors, is not liable upon the orders is- sued by that board when there are no funds in the hands of its treas- urer to pay such orders. Miller v. Jacobs, 70 Wis., 122. Secretary's report. Section 534. It shall be the duty of the secretary, at least five days before the annual town meet- ing or election each year, to make to the board of supervisors of the town a written statement showing the receipts of money 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, si)eci- fying the amount paid under each head of expenditure. 6. Amount rem-aining in treasury. 7. Amount of indebtednes-> of the township district and when and how payable. 186 SCHOOL LAWS OF WISCONSIN. The secretary shall accompany the above statement with esti- mates of the board of the amount necessary for the support of schools during the year beginning on the first day of July next 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 supervisors shall present such statements and estimates to the electors of the town at the annual town meet- ing, and the items thereof shall be passed upon separately by a vote of the electors present, but upon motion they may be in- creased or diminished; and if, for any reason, money for the support of schools shall not be voted at such meeting, or a sufficient amount shall not then be voted, the supervisors shall present the estimates before mentioned to the electors at the general election for a vote thereon. School registers. Section 536. The secretary shall fur- nish school registers in the form prescribed by -the state super- intendent, in which every teacher in the town shall be required to enter the names, ages and studies of all the scholars attend- ing schcol and, daily, their attendance and absence, which reg- ister 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 August in ea'Cli 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 the town, and the number of parts of joint sub-districts in which the school houses belonging thereto are located in his town. 2. The sub-districts and parts of sub-districts from which re- ports shall have been made within the time limited for that pur- pose. TOWNSHIP SYSTEM OP SCHOOL GOVERNMENT. 187 3. The length of time a school shall have been taught in each of said sub-districts or parts of districts by a qualified teacher. 4. 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, designating males and females separ- ately. 5. 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 and the amount raised by the town at its annual town meeting or general election. 6. The manner in which said money has been expended, and whether any, or what pari;, remains unexpended, with, such other information as the state superintendent may from time to time reciuire. School taxes. Section 538. The town clerk shall appor- tion all sums voted for the support of schools upon the taxable property 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 delinqufint like other taxes, and when collected the money shall be held by the treas- urer and be by him paid out on the order of the president and secretary of said board. Taxation in counties, towns and school districts. (Chapter 439, Laws of 1903, amending Section 1074, Sub-di- vision 1, of Section 776, and also Section 730a, Statutes of 1898.) Section 1074. The county board shall also at said meeting, determine by resolution the amount of taxes to be levied in their county for county purposes for the year, and also the amount to be raised by tax in each town for the support of common schools therein for the ensuing year, which shall not in any town be less than the amount apportioned to such town in the last apportionment of the income of the school fund ; and by separate resolution, adopted by majority of the members of the board not prohibited from voting thereon by section 703, determine the amount of tax to be levied to pay the compensa- tion and allowances of the county superintendents of schools and designate therein the cities exempt from taxation therefor; provided, however, that the total amount of county taxes as- sessed, levied and carried out against the taxable property of any county in any one year shall not exceed in the whole one- 188 SCHOOL LAWS OF WISCONSIN. half of one per centum of the total assessed valuation of said county for the preceding year as fixed by the state board of equalization, excepting in so far as a larger percentage may be necessary in order to meet indebtedness incurred prior to the passage and publication of this act. Eoads and bridges. (Sub-division 1, of Section 776, amended by Chapter 439, Laws of 1903, as amended by Chapter 13, Laws of 1905.) To vote to raise money for the repair and building of roads or bridges, or either; for the support of the poor and defraying all other charges and expenses of the town; provided, however, that the total taxes levied in any town for any one year for all town purposes, exclusive of school taxes and liabilities heretofore lawfully incurred, shall not ex- ceed in the whole, one and one-half per centum of the total as- sessed valuation of such town for the preceding year, as equal- ized by the town board of equalization, unless a larger sum is needed for the building or repairing of highways or bridges, in which case the electors may vote and the proper authorities may levy, not to exceed one-half or one per centum in addition to the aforesaid one and one-half per centum; provided, further, that not exceeding two percentum additional may be levied for school purposes when under the township system of school gov- ernment. Limitation of taxes. Section 430a. The total amount of school 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 two per cent, of the total assessed valuation of taxable property in such school district for the preceding year. This chapter is printed here as a whole, altlaough parts of it have already heen given in other places in this volume. It is of general interest to all town and district officers and voters and should be carefully studied in order that action taken at town and district meet- ings may not be declared invalid for lack of complying with the stat- ute. It seems to limit the amount of tax which may be levied for all school purposes to two per cent, of the assessed valuation in towns under the township system of school government and to two per cent, in all other .school districts. Proceedings if electors do not vote enough. Section 539. If the electors of a town shall fail to vote an amount of money sufficient to maintain a school in each sub-district for eight months during the year ensuing, the secretary shall, ,on TOWNSHIP SYSTEM OF SCHOTOL GOVERNMENT. 189 •or before the third Monday of November 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 to^vn in the tax roll for that year and the town treasurer shall collect the same as other taxes. Town treasurer's duty. Section 540. The town treasurer of each toivn shall apply for and receive from the treasurer of his county all money apportioned for common schools in his town, and shall keep it, together with all money collected or re- ceived by him for school purposes in a fund separate and dis- tinct 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 school 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 1901). The annual meeting of each sub-district shall be held on the first Monday in June unless that be a legal holiday, 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 quali- fied by law to vote, at a sub-district meeting, when assembled in annual meeting, shall have power and it shall be their duty: 1. To appoint a chairman for the time being. 2. To appoint 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 female teacher; the improvement and repairs which ought to be made on the school house, outhouses 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 190 SCHOOL LAWS OP WISCONSIN. will advance tlie cause of education and benefit the school of their sub- district. Clerk's duties. Section 543. The clerk shall record the proceedings of all sub-district meetings; shall certify to the town board of directors any recommendations adopted by the electors of his sub-district in accordance with the provisions of the preceding section, and shall have charge of the school house and of all property therein or belonging or attached thereto, subject to the order or direction of the board of school di- rectors. Clerk, member of board, his report. Section 544. The clerk of the sub-district 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 fifteenth 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, shomng: 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 persons 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 j^ear 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 taught in the district, including holidays, and the whole num- ber 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 from which no wages were de- dacted. - 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 TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 191 may from time to time require. The clerk of each joint sub- district shall report to the secretary of the town hoard 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 section shall be embraced in the report made to the town in which the school house is situated. Notice of meeting. Section 545. The sub-district clerk shall give at least six days' 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 meetings when present. Clerk, appointment of. Section 546 (as amended by Chapter 131, laws of 1909). When a new sub-district is formed or a vacancy occurs in the office" of the sub-district clerk the executive committee of the board of directors shall appoint a clerk, who shall hold his office until the annual meet- ing of the sub-district next succeeding such appointment, and if such vacancy shall not be so filled within ten days the town or village clerk, and in the case of a joint sub-district, the clerk of the town or village in which the principal school house is situated shall fill such vacancy by appointment. 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 secretary or the president of the town board of directors a written refusal to serve. 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-districts, together with the as- 192 SCHOOL LAWS OF WISCONSIN. sessed valuation of said sub-district and each part thereof as found in the assessment roll of the said town 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 order shall 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 nnder township system. Section 548. In case either of the towns embraced in part in said joint sub-district shall not have adopted the township 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 incorporate 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 November succeeding the receipt of said certificate ; and the said sum shall be assessed and collected with the othei taxes of that part of the joint sub-district, and shall be paid over by the the town treasurer collecting the same to the treas- urer of the town in which the school house of said joint sub- district is situated. Collection of taxes in such case. Section 549. When the school house of a joint sub-district is situated in a town which has not adopted the township system of school govern- ment, the taxes for the support of schools shall be raised, as- sessed and collected as provided in this chapter; but if any por- tion of said joint sub-district shall be embraced in a township which has adopted the township system, then the proportion of any district tax which should be assessed upon the property of such part of said sub-district shall be certified by the town clerk of the town in which the school house of said sub-district is situated to the secretary of the town board of directors of the town comprising the part of the said joint sub-district be- fore mentioned; and said secretary shall draw an order upon TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT. 193 the town treasurer of liis town in favor of the treasurer of the joint snb-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 purposes. Apportionment of tax for buildings, etc. Section 550. Prior to the erection of any school house by the board of di- rectors they shall estimate and determine the valuation of the school houses and sites in their town provided by the several districts while under the district system, and when so deter- mined the secretary shall place upon record a tabular statement containing the number of each sub-district, the value of its school house and site and the valuation of its taxable property as appears from the last assessment roll of the town ; and there- after for a period of ten years from the date of the meetino; at which such determination of values was had, when a tax shall be voted to build a school house or purchase a site such tax shall be so distributed and assessed upon the several sub-districts that those having the least amount invested in schoolhouses and sites in proportion to the assessed valuation of their property as appears from the record made at the time of the determina- tion of values aforesaid shall pay most toward said tax in pro- portion to the valuation of the property at the time the tax is- assessed, in order that the sums paid by the different sub-dis- tricts in the town for the purchase of sites and the erection of schoolhouses 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 schoolhouses shall be assessed equally upon prop- erty, then the aforesaid provision in reference to equalizing such taxes shall not be operative in such town. Application to cities and. villages. Section 551. When- ever the territory of a school district of an incorporated village shall extend beyond the limits of such village the whole of such territory shall remain in such district and form a part thereof until 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 incorporated village or city or maintains a graded school of three or more de- partments, the adoption of the to^^TQship system of school govern- ment by any 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 13— S. L. 194 SiCHOOL LAWS OF WISCONSIN. the operation of such township system and be and remain an independent school district and be conducted and managed in accordance with the law relating to independent school districts unless said school district shall, by a majority 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 township system of school government Avhen adopted by the town of which said district is a part. And pro- vided further, that the voters of any such district thus exempted 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 qucDtion 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 "township 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 becom^e- operative in such town, otherwise they shall have no force or effect therein. No 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 to^^Ti a notice in writing that the question of adopting the touoiship 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 sam.e 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 form above prescribed and upon like notice, -and if a majority of the votes cast upon that subject shall be in favor of the adoption of said system TOWNSHIP SYSTEM OF SCHOOL aOVERNMENT. 195 sucli village shall become a part of the to■\^^Qship system of the town in which the same is situated. Whenever any- town hav- ing adopted the township system shall vote to abolish the same the to\^Ti board of supervisors shall, on or before the first day of Jnne next succeeding the date at which the vote was taken, meet and by an order made in -pursuance of section 413 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 notwith- standing their ofiices shall have been abolished. Irregularities in proceedings, effect on taxes. Section 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 or 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 toA^m. 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 district in any town adopting the township system shall be in- debted 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 af such district as a sub-district in such town 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. 196 SCHOOL LAWS OF WISCONSIN. XYIL— COUNTY TRAINING SCHOOLS FOR TEACHERS. How organised. (Chapter 338, laws of 1903, amending chapter 373, laws of 190'1, creating five new sections relating to county training schools for teachers.) Section 1. The oounty board of any county within which a state normal school is not located, is hereby anthorizecl to appropriate money for the organization, equipment and maintenance of a county train- ing school for teachers of the common schools. Board for; appointments, vacancies, bond, organization. Segtion 2. A hoard to be known as the county training school board, is hereby created, who shall have charge and control 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 by the county board, for the term of three years from the date of their election. Vacancies ex- isting 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 hereinbefore specified, shall be for the time to elapse until the next regular meeting of the county board. Each person appointed or created a member of the county training school board shall within ten days after the notice of such appointment, take and subscribe an oath to sup- port the constitution of the United States and the constitution of Wisconsin, and honestly, faithfully and impartially to dis- COUNTY TRAINING SCHOOLS FOR TEACHERS. 197 charge 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 fijsed 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 pre- scribe the duties of the several officers, except as fixed by law. Moneys for; how paid. Section 3. All moneys appro- priated and expended under the provisions of this act shall be expended by the county training school board, and shall be paid by the county treasurer on orders issued by said board. Number that may be organized. Section 4 (as amended by chapter 264, laws of 1909, amending chapter 601, laws of 1907, amending chapter 373, laws of 1901 as amended by chap- ter 338, laws of 1903). Section 411 — 4. The state superin- tendent shall give such information and assistance as may seem necessary in organizing and maintaining such training schools. He shall prescribe the course of study to be pursued; shall have the general supervision of all schools established under this act; shall from time to time inspect the same, make such recom- mendations relating to their management as he may deem nec- essary, and make such reports thereon as shall give full in- formation concerning their number, character and efficiency, provided that he shall not place upon the said list more than * * '* twenty-six schools. Section 411—5. 1. Any school established under the pro- visions of this act, whose courses of study and the qualifications of whose teachers have been approved by the state superin- tendent, may, upon application, be placed upon an approved list of county 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 maintained in such manner as to meet the approval of the state superintendent; provided, that he shall not place upon said list more than * * * twenty-six schools. On the first day of July in each year the secretary of each county training school board maintaining a school on the approved list shall report to the state superintendent setting forth the facts relating to the cost of maintaining the school, the character of the work 198 SCHOOL LAWS OF WISCONSIN. done, the number and the names of teachers employed and such other matters as may be required. 2. 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 ten months during the year closing on the thirtieth day of the preceding June, the said superintendent shall make a certificate to that effect and file it with the sec- retary of state. Upon receiving such certificate, the secretary of state shall draw his warrant, payable to' the treasurer of the county maintaining such school for a sum equal to two-thirds the amount actually expended for maintaining such school dur- ing the year, provided, that the total amount so apportioned shall not exceed thirty-five hundred dollars in any one school year to any one school. Section 6. [411 — 6a.] No member of any county training school board shall be employed in the county training school for teachers, either as principal or as assistant teacher during the term for which he was elected or appointed as a member of such county training school board, nor shall any person be employed as a teacher in such school who is not legally quali- fied for the position of principal of a free high school having a four year course of study, provided that the provisions of this section shall not apply to any person now engaged as a teacher in a county training school. By this act the number of county training schools for teachers is increased to twenty-six and the sum necessary to enable the state superintendent to apportion a sum equal to two-thirds of the amount actually expended for maintaining such schools during the year, is also provided for. ^ Certificates to graduates; effect of. Section 6 (as amended by chapter 509, laws of 1905). Any person who shall complete in a satisfactory manner 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 principal of the school and by the member3 of the county training school board. Said certificate shall certify that the person named herein has satisfactorily completed the course of study prescribed 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 certificates 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, provided that in case the holder COUNTY TRAINING' SCHOOLS FOR TEACHERS. 199 thereof has never taught, or cannot furnish satisfactory evi- denco of having successfully taught for at least one school year (eight monthsi) in the public schools of this state, said certifi- cate shall be of full force and effect for one year only, from its date of issue. When satisfactory evidence of successful teach- ing for at least one year (eight months) upon said training school certificate shall be furnished to the county or district superintendent, said superintendent shall remove the limitation, whereupon the training school certificate shall have the full force and effect of a third grade teachers' certificate for two additional years. Any school superintendent or officer author- ized to grant certificates to teachers in Wisconsin schools is hereby authorized, in. his discretion, to accept standings ob- tained 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 examination by said superintend- ent or examiner at any time within three years from the date of the certificate of completion of the course by the person desiring to have such standings accepted. This provision shall apply to certificates of third and second grades. Joint training schools between counties. Section 7 (as amended by chapter 98, laws of 1909). Section 411 — 7. 1. The county boards of two or more adjoining counties may unite in establishing and maintaining a training school for teachers for the purposes and on the same general plan as pro- vided for in * * * sections 411 — 1 to 411-^6, inclusive, of the statutes, and may appropriate money for its maintenance, and whenever two or more counties unite in establishing such a school, the county superintendents of the counties so uniting and two members in addition chosen from each such county, no member of any county board being eligible thereto, shall con- stitute the joint county training school board, of which the superintendent of the county in which the schoolhouse is * * * located shall be ex-officio secretary. * * * 2. If, at the time of establishing such school, the counties so uniting shall neglect to procure a site or to erect a school build- ing therefor, such joint county training-school board shall have power, subject to the approval of the state superintendent, to procure such site and to erect a suitable school building there- on. The joint county training school board shall have power, subject to the approval of the state superintendent to borrow money for the purposes of this act from the trust funds of the state only, payable in not to exceed ten years with the annual 200 SCHOOL LAWS OP WISCONSIN. interest at the rate of not to exceed three and one-half per- centum, but the total amount of such loans shall not at any time exceed twelve thousand dollars. Loans for site and building purposes shall be made payable in equal annual installments,, and provisions for the payment of each such installment, and accrued interest, shall be made in the tax levy and apportion- ment mentioned in section 411 — 8 of the statutes. Section 411 — 8. Whenever two or more counties unite in establishing and maintaining such school, the county school board provided for in such cases shall determine the amount of money necessary for the maintenance and equipment of the school for the next succeeding year, and annually thereafter. They shall apportion the amount to be raised by taxation among the counties in proportion to the assessed valuation of the real and j)ersonal property in each county as last fixed by the state board of assessment, and shall report to the county clerk of each county on or before the first Monday of November in each year, the amount of the apportionment so fixed, and such amount shall be levied in the county tax of each county for the ensuing .year for the support of the school. Each county treas- urer shall, immediately upon the collection thereof, pay over all moneys levied and collected pursuant to the provisions of this act to the treasurer of the joint county training school board and file the latter 's receipt therefor as a voucher. Who may be admitted. Section 10. The board of any training school for teachers established under this law in a single county, or by two or more adjoining counties, shall ad- mit to said school, whenever the facilities provided will warrant said board in so doing, any person prepared to enter such school, and who may reside in any county out not within the district where any training school has already been established. Persons so admitted shall be entitled to the same privileges and subject to the rules of the board adopted for the govern- ment of such school. Tuition of non-residents, how collected. Section 411 — ■ 11 (as amended by chapter 223, laws of 1909). Whenever any person not residing in any training school district shall become a student in any training school, the board of such school is hereby empowered to charge a tuition fee for such person to be fixed by a majority of the members of said board at a regular meeting thereof, provided that such tuition fee shall not exceed seventy-five cents per week for each non-resident pupil. COUNTY TRAINING SCHOOLS FOR TEACHERS. 201 The county board of supervisors of the comity of which such person is a bona fide resident, is hereby authorized to, and * * * shall provide by tax upon the property of the county, a sum sufficient to provide for the payment of the tuition on account of the residents of said county, who have attended such teachers' training school, and the, amounts so levied shall be collected when and as other taxes are collected, and shall be paid by the county treasurer of said county to the coimty treasurer of the county in which the training school enrolling such person is situated, and the amount so received by such treasurer shall be placed to the credit of the teachers' training school district. Appropriation. Section 12. There is hereby appropriated out of any money in the treasury not otherwise appropriated, a sufficient sum to carry out the provisions of this act. 202 SCHOOL LAW'S OF WISCONSTTT. XVIfL— COUNTY SCHOOLS OF AGRICUL- TURE AND DOMESTIC SCIENCE. How organized. (Chapter 313, laws of 1909, amending chap- ter 288, laws of 1901.) Section 553e. 1. The county board of any county is hereby authorized to appropriate money for the organization, equipment and miaintenance of a county school of agriculture and domestic economy. The county boards of two or more counties may ujiite in establishing such a school and may appropriate money for its organization, equipment, and maintenance. 2. Immediately after the county board or county boards shall vote to establish a county schooL of agriculture and do- mestic economy, the county clerk or clerks of such county or counties, shall notify the dean of the college of agriculture of such vote for the establishment of such school. 3. The dean of the college of agriculture, the state superin- tendent of public instruction, and the president of the board of agriculture, acting as a com^mittee for such purpose, shall de- cide upon and notify the county board or boards as to the proper location for such county school of agriculture and do- mestic economy and the county school of agriculture and do- mestic economy shall be located at such place as is determined upon by such committee. Section 553 1. 1. Any school established under the pro- visions of this act, whose course of study and qualifications of whose teachers have been approved by the state superintend- ent and the dean of the college of agriculture may, upon appli- cation, 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 superintend- ent; provided, that he shall not place upon said list more thaij * * * ten schools. COUNTY SCHOOLS OF AGRICULTURE. 203 2. On the first day of July in each year the secretary of each eoimty school board maintaining -a school on the approved list, shall report to the state superintendent, setting forth the facts relating to the cost of maintaining the school, the char- acter of the work- done, the number and names of teachers em- ployed and such other matters as may be required by the county board or the state superintendent. 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 thirtieth day of the preceding June, the said superintendent shall make a certifi- cate to that effect and file it with the secretary of state. 3. Upon receiving such certificate, the secretary of state shall draw his warrant, payable to the treasurer of the county main- taining such school, for a sum equal to two-thirds the amount actuall}'^ expended for maintaining such school during the year; provided, that the total amounts so apportioned shall not ex- ceed four thousand dollars to any one schoolin any one year; when more than one county hag contributed to the support of the school, the secretary of state shall draw his warrant payable to the treasurer of each county for such 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. The secretary of state shall an- nually include and apportion in the state tax such sum as shall have been so paid. Section 2. (Chapter 288, laws of 1901.) 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 maintenance of such school, ex- cept as otherwdse provided by lav/. 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. Vacan- cies existing in the board from whatever cause, except in the case of the county superintendent, shall be filled by appoint- ment 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 hereinbefore specified, shall be for the term to elapse until the next regular meeting of the county board. Each person appointed or created a member of 204 SCHOOL LAWS OP WISCONSIN. the county scliool board, jihall within ten clays after the notice of such appointment, tal^e and subscribe an oath, to support the constitution of the United States and the constitution of Wis- consin and honestly, faithfully, and impartially to dischargo 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 ap- pointment of said board, the members thereof shall meet and organize by electing one of their number as p'resident. The comity 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. 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 filling vacancies therein, provided that the county superin- tendent of the county in Avhich the school is located shall be a member of the board and ex-officio its secretary, and two mem- bers 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 provided 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 counties 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 November 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. Section 5. The-coimty treasurer shall be ex-officio treas- urer of said board; all moneys appropriated and expended under 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. Section 6. In all county schools of agriculture and domes- tic economy organized under the provisions of this act, in- Btruction shall be given in the elements of agriculture, including COUNTY SCHOOLS OF AGRICULTURE. 205 iustructiori concerning the soil, the plant life, and the animal life of the farm ; a system of farm accounts shall also be taught ; instruction shall also be given in manual training and domestic economy,, and such other subjects as may be prescribed. . Section 7. Each such school shall have connected with 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 contributing to their support, who shall be qualified to pursue the course of study, provided they shall have at least the qual- ifications reciuired 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 organised and continued for such time as their attendance may make necessary. Section 9. The state superintendent shall give such informa- tion and assistance and establish such recpiirements as may seem necessary for the proper organization and maintenance of such schools. With the advice of the dean of the college of agricul- ture 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 management as he may deem necessary, and make such report thereon as shall give full information concerning their number, character and efficiency. 206 SCHOOL LAWS OF WISCONSIN. XIX.— DAY SCHOOLS FOR DEAF AND FOE THE BLIND. How organised. (Cliapter 128, laws of 1907, amending sections 578 and 579a, cliapter 86, laws of 1903, and creating sections 579m and 579n, statutes of 1898.) Section 578. 1. Upon application by the board of education of any village or city, made to the state superintendent, he may grant permission to such city or village to establish and miaintain within its cor- porate limits one or more schools for the instruction of deaf persons who are residents of this state. 2. (as amended by chapter 537, laws of 1909.) The board of education of any village or city which shall maintain one or more such schools, shall through its clerk or secretary report to the state superintendent annually, and oftener if he so direct, such facts relative to such school or schools as he may require. (2) There shall be paid out of the state treasury annually in the month of July,' to the treasurer of the school district board or of the board of education in the city or village main- taining such school or schools under the charge of one or more teachers, whose qualifications shall be approved by the state superintendent, the sum of one hundred fifty dollars for each deaf pupil instructed in such school or schools at least nine months during the year nest preceding the first day of July, and a share of such sum proportionate to the term of instruc- tion of any such pupil who shall be so instructed less than nine months during such year, and the additional sum of one hun- dred dollars for each deaf pupil not residing in the school dis- trict where the school for the deaf is located, but residing in this state, who has been so instructed, and who finds it neces- sary while attending the school for the deaf to pay for board in the district maintaining such school or schools or to pay for transportation to and from such school, or both, when the parents of such deaf child are unable to meet this expense, and DAY SCHOOLS FOR THE DEAF*. 207 a share of such one huuclred fifty dollars or two hundred fifty dollars as the case may be proportionate to the term of instruc- tion of any such pupil who shall be so instructed less than nine months during such year. (3) The school board of the district maintaining such a school may use such part of the state aid provided for in this act in the payment of board and transportation of said non- . resident pupils, m it shall find necessary. Section 579a. 1. The -state superintendent of public in- struction may appoint a competent person who shall act under his direction as inspector of public day schools for the deaf. "When not engaged in the inspection of the schools for the- deaf said inspector m^ay be assigned to such other duties as the state superintendent may determine and designate. 2. The inspector shall receive an annual salary of fifteen [eighteen] hundred dollars and reimbursements for all actual and necessary traveling expenses incurred, when duly certified by the state superintendent; provided, that no more than five hujidred dollars shall be allowed for expenses. The salaiy and expenses shall be paid in tlie same manner as the state officers are paid. . 3'. It shall be the duty of the treasurer oi the school dis- trict board or of the board of education receiving the aid pro- vided for in section 578 of the statutes of 1898, to render an- nually to the superintendent of public instruction an item- ized statement of all expenditures of said school or schools. Any surplus at the end of the year shall be reserved as a spe- cial fund for the deaf school and can be used for no other pur- pose. 4. It shall be the duty of the inspector to report annually to the superintendent of public instruction as to the condition and progress of the day schools and make such recommenda- tions as he may deem proper for the improvement of the same. Section 579m. 1. Any par-ent or guardian having under his control a deaf child between the ages of six and sixteen years who is incapacitated for attending a common school shall cause such child to attend some public, private, parochial or state school established for the instruction' and education of the deaf, for a period of at. least eight months during any school year. 2. Any person who shall neglect or refuse to obey the pro- visions of this section shall, upon conviction, be punished by a fine of not less than five dollars nor more than fifty dollars, or by imprisonment in the county jail, not exceeding three months for each ofi^ense. 208 S€HOOL LAWS OF WISCONSIN. 3. This section sliall not apply to any child not in proper physical or mental condition to attend school or receive in- struction who shall be able to show a certificate to that effect, signed by a reputable physician in. general practice. Section 579n. It shall be the duty of the district attorney upon proper complaint, made by a city superintendent or a county superintendent of schools, or the inspector of the day schools for the deaf, to prosecute any parent or guardian fail- ing to comply with this act. The case shall be tried before the county judge and the cost of prosecution shall be added to the fine. Education of blind children. - (Chapter 199, laws of 1909, amending chapter 551, laws of 1907, creating section 579 and referring to and including certain sections in chapter 128, laws of 1907.) Section 579o. Sections 578, 579a, 579m, and 579n of the statutes, and all acts amendatory thereof, shall, so far as applicable, provide for and apply to schools for the blind, ex- cept that there shall be paid out of the state treasury annually in the month of July to the treasurer of the school district board, or of the board of education in any city or village ma-in- taining a school or schools for the blind under the charge of one or more teachers, whose cjualifications shall be approved by the state superintendent, the sum of two hundred dollars for each blind pupil instructed in such school or schools 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 in- struction of any such pupil who shall be so instructed less than nine months during such year ; the said sum of two hundred dollars to include instruction :n music and manual training, and to cover necessary expenses for material and printing in connection with the work of any such school or schools; and the state superintendent of public instruction may authorize and instruct the inspector of day schools for the deaf, acting under his direction, to inspect day schools for the blind with- out additional compensation. Provides lor the estabJishmeut of public schools for the blind. It appears that these schools ma:/, lil'e the day schools for the deaf, be located in communities v-here there are enough pupils to justify the organization of such a school. The sections above referred to will be found in the provisions of chapter 128, printed in this pamphlet. These schools are presumed to be maintained and inspected in the same way that the day schcols for the deaf are jiraintained, inspected and directed. TRADE SCHOOLS. 209 XX.- TKADE SCHOOLS. How organized and maintained. (Chapter 155, laws of 190&, amending section 926 — 22 and 926 — 26, only, of Chap. 122 of the laws of 1907.) Setcion 926—22. Any city in the state of Wisconsin or any school district having within its limits a city desiring to establish, conduct and maintain a school or schools for the purpose of giving practical instruc- tion in the useful trades to * * * young men having at- tained the age of sixteen years and young women having sX- tiained the age of fourteen years as a part of the public school system of. such city, is empowered to do so by comply- ing with the provisions of sections 926 — 23 to 926 — 30 inclusive, statutes of 1898. 926—23. Such trade school or schools shall be under the supervision and control of the school boards of the respective cities or school districts in which they may be located. 926—24. The school board of every such city or school dis- trict is given full power and authority to establish, take over and maintain a trade school or schools, equip the same with proper machinery and tools, employ a comi:)etent instructor or instructors, and give practical instruction in one or more of the common trades. Such a trade school shall not be maintained, however, unless there be an average enrollment of at least thirty scholars. 926 — 25. Whenever any school board shall have established or taken over an established trade school, such school board may prepare the courses of study, employ instructors, pur- chase all machinery, tools and supplies, j)urchase or lease suit- able grounds or buildings for the use of such school and ex- ercise the same authority over such school which it now lia:i over the schools under its charge. 926 — 26. Whenever any school board shall have established or taken over an already established trade school or schools, it may appoint an advisory committee to be known as the commit- 14— S. L. 210 SCHOOL LAWS OP WISCONSIN. tee on trade schools, consisting of five citizens not members of the school board, each of whom is experienced in one or more of the trades to be taught in the school or schools, to assist in the administration of the trade school or schools located in that city, which eommittee shall be appointed by the president of such school board with the approval of the majority of the board. Such committee shall have authority, subject to the approval and ratification of the school board, to prepare courses of study, employ or dismiss instructors, purchase machinery, " tools and supplies, and purchase or rent suitable grounds or buildings for the use of such trade schools. When any such committee on trade schools is appointed, two of its original members shall be appointed for the term of one year, ^* * * two for the term of two years, and one for the term of three years, and thereafter, as the terms of these members so ap- pointed expire, their successors shall be appointed each for the term of three years. In case of any vacancy during the term of any member of said committee, said school board shall fill such vacancy by appointment for such unexpired term. 926 — 27. Students attending any such trade school may be required to pay for all material consumed by them in their work in such school at cost prices, or in lieu thereof the school board may establish a fixed sum to be paid by each student in each course w^hich sum shall be sufficient to cover, as nearly as may be, the cost of the material to be consumed in such course; any manufactured articles made in such school may be disposed of at the discretion of the school board, and the proceeds shall be paid into the trade school fund. 926 — 28. Whenever any such school board shall have de- cided to establish a trade school or schools, or to take over one already established, under the provisions of this act, a tax, not exceeding one-half of one mill on the total assessed valuation of such city shall be levied, upon the requisition of the school board, as other school taxes are levied in such city ; the fund derived from such taxation shall be known as the trade school fund, shall be used in establishing and maintain- ing a trade school or trade schools in such city, shall not be diverted or used for any other purpose whatsoever, and may be disposed of and xlisbursed by the school board of such city in the sam.e manner and pursuant to the same regulations governing the disposition and disbursement of regular school funds by such boards. 926 — 29. Any school board desiring to avail itself of the provisions of this act, may, before the trade school fund herein TRADE SCHOOLS. 211 provided for becomes available, establish, take over, equip and maintain a trade school or schools out of the regular school funds which may be at the disposal of such school board pro- vided, however, that all moneys used for these purposes out of the regular school funds shall be refunded within three years from the trade school fund. 926-^30. 1. When the school board of any city of the sec- ond, third or fourth class, or the school board of any school district having mthin its limits such a city, shall determine to establish, take over, conduct or maintain such trade school, it shall publish notice of its intention so to do with a copy of the resolution or order expressing such determination once each week for four successive weeks in a newspaper published in said school district and shall take no further steps in said matter until the expiration of thirty days from the date of the fii-st publication; 2. If vnthin.such thirty days there shall be filed mth the clerk of such city a petition signed by a number of electors of the school district equal to twenty percentum of the number of votes cast in said city at the last municipal election praying that the question of the establishment, taking over, conduct and maintenance of such trade school shall be submitted to the vote of the electors of such school district, the city clerk sliall at the earliest opportunity lay such .petition before the common council. The common council shall thereupon at its next regular meeting by resolution or ordinance direct the city clerk to call a special election for the purpose of sub- mitting such question to the electors of such city and school district. 3. Such election shall be noticed and conducted and can- vassed in accordance with the provisions of section 943, statutes of 1898. All electors vvdthin the territory constituting such school district,- qualified to vote at any election pertaining to school district matters shall be entitled to vote. 4. If any of said school districts shall be beyond the limits of such city, the city clerk shall immediately upon the passage of the resolution or ordinance by the city council ordering such election, transmit a copy thereof to the clerk of the town or towns of which such territory is constituted. The clerk or clerks of said towns shall thereupon cause a notice of such election to be given and such election to be held, and canvassed as provided in section 943. 5. If a majority of the ballots cast in such school district shall be in favor of the establishment, taking over, conduct- 212 SCHOOL LAWS OF WISCONSIN. ing and maintenance of such trade schools, then such board shall proceed as heretofore provided to establish, take over, conduct and maintain such trade school. But if a majority shall vote against such proposition to establish, take over, conduct and maintain a trade school, the board shall take no further steps towards such end. 6. If no petition to submit such proposition to establish, take over or maintain a trade school to the vote of the elec- tors shall be filed with the city clerk within thirty days after the first publication of the notice of the determination of the school board to take such action, then such .school board may proceed as hereinbefore provided without submitting such prop- osition to the electors of the district. By this act eight new sections that relate to the establisliment and maintenance of trade schools in the state of Wisconsin, are made a part of the school law. It practically emphasizes the manual training idea, but the purpose of the school so established is to produce skilled and trained workmen rather than to give any special or ex- tended course in co;:nection with academic work. STATE MINIxNG SCHOOL. 213 XXL— STATE MINING SCHOOL. Establishment of. ( Chapter 573, laws of 1907, creating eight new sections.) Section 392m. A school shall be estab- lisheicl in the city of Plaitteville, to be called the Wisconsin mining trade school, for the purpose and under the regulations contained in this act. Section 392n. The said school shall be under the control and management of a board of three members to be known as the Wisconsin mining school board, one of whom shall be the superintendent of public instruction, and two shall reside in the southwestern part of the state in what is known as the lead district, who shall be appointed by the governor of the state, one for a term of two and one for a term of four years, beginning with the first day of July, 1907, and thereafter for terms of four years, who shall serve without compensation. Vacancies on the board shall be filled for the unexpired term. Section 392o. The board shall hold its first meeting in the city of Platteville on the 15th day of July, 1907. Meetings may be called subsequently by two of said members in such manner as they may direct, and all meetings may be adjourned at the pleasure of the board. A majority of the board shall constitute a cpiorum for business. The superintendent of pub- lic instruction shall be president of such board. At the first meeting of said board or as soon as may be, said board shall appoint some suitable person secretary to hold his office during the pleasure of the board and shall fix times for regular meet- ings of the board. The state treasurer shall be the treasurer of the board. No money shall be paid out, nor any contract made, or any act done, involving the payment of money or the disposal of property, except in pursuance of a vote of the board. Section 392p. As soon as the means in its hands will per- mit without incurring indebtedness, said board shall proceed to obtain a suitable location, and lease, purchase or erect such 214 SCHOOL LAWS OF WISCONSIN. buildings, and procure such furniture, apparatus, library and implements as may be necessary for the successful operation of said school and appoint a principaland such other teachers and assistants as the board may deem expedient, with salaries to be paid from time to tim.e as it may agree and to regulate their duties, but no agreement shall be valid whereby such board shall be prevented from discharging any one in its em- ploy upon two months' previous notice. Section 392q. The course of instruction shall be two years in length and shall embrace geology, mineralogy, chemistry, assaying, mining and mining surveying and such other branches of practical and theoretical knowledge as will, in the opinion of the board, conduce to the end of enabling students of said school to obtain a knowledge of the science, art and practice of mining and the application of machinery thereto. The dean of the college ,of engineering of the University of "Wisconsin shall be consulted concerning the course of study, and the same and all modifications thereof shall be approved by him. No student who shall have been a resident of the state for one year next preceding his- admission shall be required to pay his fees or other charges for tuition or other purposes in said school, except for the cost price of- materials actually consumed by such student in pursuit of any studies. The board may pre- scribe rates for tuition for any student who shall not have been a resident as aforesaid, which shall not be less than fifty nor more than two hundred dollars per year. Section 392r. The course of study, the terms and the hours of instruction shall be regulated by the board, who shall also have the power to make all such rules and regulations con- cerning the admission, control and discipline of students and other matters, as may be deemed necessary for the good- government of the institution, and convenience and trans- action of its business, and also to grant diplomas upon the completion of the prescribed course. Section 392s. . No clebt shall be contracted beyond or apart from the actual means at the disposal of the institution. The board may dispose of or lease any property donated to the state for the purposes of said school. The board shall not enter upon the business of mining, or pursue the same, except so far as it may be deemed necessary in the course of instruc- tion, nor shall they purchase any lands beyond what are re- quired for the reasonable accommodation of the school. The board shall not sell, mortgage or otherwise dispose of any real estate purchased by them or donated by the state without the express authority of the legislature. STATE MINING SCHOOL. 215 Section 392t. It shall be the duty of the board to provide for obtaining a complete collection of the minerals of the lead region of AVisconsin and classify the same.. The board shall on or before the first day of December in each year prececlin'i' the regular session of the legislature, make a report of its pio- ceedings to the governor, and shall transmit therewith a gen- eral report showing their receipts and expenditures during the period for which the report is made, as well as the general affairs of said school. Section 2. There is hereby appropriated out of any money in the state treasury not otherwise appropriated, the sum of thirty thousand dollars to be used by said board for the pur- poses of tills act. Mining Trade School — Appropriation for. Chapter 362, laws of 1909, adding 392v— 392z, inclusive, to Chapter 573, laws of 1907.) Section 392v. There is appropriated out oi any moneys in the general fund, not otherwise appropriated the sum of sixteen thousand dollars to be used by the Wiscon- sin Mining Trade School board in maintaining the Wisconsin Mining Trade School for the period ending June 30th, 1911. Section 392w. The county board of any county is hereby authorized to appropriate money for the equipment and main- tenance of the Wisconsin Mining Trade School. The county boards of two or more counties ir^ay appropriate money for the equipment and maintenance of said school. When two or more counties unite in ecpiipping -and maintaining said school, the Wisconsin Mining Trade School board shall apportion the amount to be raised by taxation among the counties in propor- tion 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 coujity the apportionment so made, on or before the first Monday of November 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 such school. Any such appropriation may be made by any such county at any regular annual meeting of the county board after the passage and publication of this act, which appropriation shall be available on and after the 30th day of June, 1911, and annually thereafter as provided in this section and section 392x. Section 392x. On or before the 30th day of June in 191!^. and annually thereafter, the Wisconsin Mining Trade School board shall file with the secretary of state a certificate show- ing the cost of 'maintainiiig said school, the courses of instruct 216 SiCHOOL LAWS OF WISCONSIN. tion taught, the character of the work done, the names of the teachers employed, and such other matters as will show that all the provisions of chapter 573, laws of 1907, have been com- plied with.. Upon receiving such certificate, the secretary of state shall draw his warrant, payable to the treasurer of the county maintaining such school, for a sum equal to two-thirds of the amount actually expended for maintaining such school during the year, provided that the amount so appropriated shall not excsed six thousand dollars for any one year; when more than one county has contributed to the support of such school, the secretary of state shall draw his warrant, payable to the treasurer of each county for such proportion of the state aid as the amount contributed by his county is to the total amount contributed by all the counties for the support of the school for the preceding year. Section 392y. Any city wherein a mining trade school is located may appropriate annually for equipping and maintain- ing said school or may appropriate annually for the purpose of reimbursing any county or counties which have appropriated money for the equipment and maintenance of such school a sum not exceeding three thousand dollars in any one year. In case no county board shall appropriate any money as pro- vided in section 392w, then any city within which is located a mining trade school may appropriate annually not to exceed three thousand dollars for the equipment and maintenance of said school. In such case the "Wisconsin Mining Trade School board shall on or before the 30th day of September, 1911, and on the 30th day of each month thereafter, file with the secre- tary of state a certificate showing the cost of maintaining said school, the courses of instruction taught, the character of the work done, the names of the teachers employed, the equipment purchased, and such other matters as will show that all the provisions of chapter 573, laws of 1907, have been complied with. Upon receipt of such certificate, the secretary of state shall draw his warrant, payable to the treasurer of such city maintaining such school, for a sum equal to two-thirds of the amount actually expended for maintaining and equipping such school during the month, provided that the amount so appro- priated by the state shall not exceed six "thousand dollars in the aggregate for any one year. Sbotion 392z. There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, a sum sufficient to carry out the provisions of this act, STATE NORMAL SCHOOLS. 217 XXIL— STATE NORMAL SCHOOLS. ■ (Chapter 26 of Wisconsin Statutes of 1898.) Regents; their terms and vacancies. Section 393 (as amended by Chapter 168, Laws of 1905). For the government 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 superintendent, as ex-officio regent, and of ten appointed regents, at least one of whom shall be a woman ; the tarm of of- fice of the appointed regents commencing with the first Monday of February in the year in which appointed, 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 respecL"ively one,, two, three, four and five years and until tlieir successors shall be appointed and qualified, and their successors in office shall continue so divided into five classes of two each, so that the term of office of two regents shall expire each year. ,The gover- nor shall fill all vacancies by appointment, and in case of a va- cancy before the expiration of a term, the appointment shall be for the residue of- the term only. 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 pur- poses solely, any lands, tenements, hereditaments, gosds and chattels of any nature which may be necessary and required for the purposes, objects and uses of the state normal schools au- thorized by law and none other, with full power to sell or dis- pose of such personal property or any part thereof when in 218 SCHOOL LAWiS OF WISCONSIN. their judgment it shall be for the interest of the state ; and shall possess all other powers necessary or convenient to accomplish the objects' 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 legislature; nor shall they contra'ct indebted- ness nor incur liabilities to exceed, at any time, in the aggre- gate, the cunount of money which, under the provisions of law, shall then be at their disposal in the hands of the state treas- urer; nor shall said board ever reduce the amount so at their disposal below the aggregate amount of their indebtedness or liability except in payment of such indebtedness or lia- bility. 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 dis- posal of the board of regents of the normal schools by trans- fer to the treasurer of said board, and shall be distinct and in- dependent from the accounts of the state, and be applied for the support of normal schools as provided by law. icers of board. Section 395 (as amended by Chapter 168, Laws of 1905). The officers of the board shall be a presi- dent, vice-president and secretary; they shall severally hold their offices for the term of one year, and until their succes- sors are elected, and shall perform the duties incident 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 student or other person, and pay the same to the treasurer. Meetings; 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. Special meetings may be called by the governor or by the presi- dent 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 re- STATE NORMAL SCHOOLS. 219 gents. No regent or officer, trustee or person appointed or em- ployed in any position or capacity connected with normal schools or normal institutes shall at any time act as agent of any author or publisher of or dealer in school books, maps or charts, or school library books, or school furniture or apparatus, or be- come interested directly or indirectly in the publication, manu- facture or sale of any such a? agent or otherwise, except solely as author or inventor, and for a violation thereof any regent shall be expelled from the board by a majority vote of the regents; provided, that the purchase and use of books and ap- pliances written or invented by persons connected with any of the schools shall not be deemed to be prohibited. Compensation of regents. Section 393. (as amended by Chapter 168, Laws of 1905). No member of the board of normal regents shall receive any pay for travelng to or for at- tendance at any meeting of the board, but for any specific service, rendered under the direction of the board, other than attending the meetings thereof, such compensation ' may be ai- lowed any member, as the board shall deem just and reasonaWe; and such compensation and all moneys actually and necessarily expended by any member in traveling, attending meetings, or performing 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 certified to the secretary of state by the secretary and presi- dent thereof. Other normal schools; a,lteration, 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 selected, and they may enlarge, alter or repair any normal scliool buildings. Whenever _ any such site shall be donated, then as soon a^ the title thereto shall be vested in them in fee in tntst as aforesaid, and when money is donated, then as soon as such money is paid into the state treasury sub- ject to be paid out only on the warrant . of the secretary of state, a? provided in the next section, or secured to be paid by the deposit with the state treasurer of United States or Wis- consin state bonds in amount equal in value to the sums of money so donated, said board may procure suitable plans and specifications for such buildings, alterations or repairs thereof, 220 SCHOOL LAWS OF WISCONSIN. and employ persons to superintend the construction of tlie 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 adver- tisements; and the expense of such advertising and procuring plans and specifications shall be paid from the normal school fund income. Donations, collection and application of. Section 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 necessary buildings for normal schools in such manner as said board may prescribe, and apply the same in the erection and completion of said buildings, the purchase of the necessary books, apparatus, furniture and fixtures, and for various other incidental expenses to be incurred by said board in pursuance of the provisions of these statutes, and if any surplus shall re- main, apply 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 purchase aforesaid shall be paid out of the normal school fund income. Accounts, how made, etc. Section 401 (as amended by Chapter 168, Laws of 1905). All payments for the erection, repairs or enlargement of any normal school building, or for fixtures or furniture therefor, and all disbursements from the normal school fund income, including the expenses of board of visitors of normal schools and of teachers' institutes shall be made by the treasurer of said board on the warrant of the secre- tary of state drawn in accordance Vvdth the certificate of the president and secretary of the board, after being audited and allowed pursuant to its rules and regulations, and not other- wise; and in case of a donation no such warrant shall be is- sued for any part thereof until the sums donated and sub- scribed shall have been paid into the state treasury, nor in any case until the work shall be clone, the services rendered, build- ings erected or fixtures or furniture purchased under the direc- tion of said board, and pursuant to a contract made with it. All claims and accounts, before being certified to the secretary of state by the aforesaid officers of such board, shall be veri- fied and approved in the same manner as claims against the state university are required to be verified and approved. Examination of accounts. Section 401a. (Chapter 495, laws of 1909.) 1. The board of regents of the state normal STATE NORMAL SCHOOLS. 221 scliools shall cause all of the financial transactions and ac- counts of or relating to the several state normal schools under their superyision at the close of each biennial period to be fully and thoroughly examined by an audit company of recognized business standing and reliability, and approved of by the gov- ernor and in no way connected with any such schools or with any of their activities. 2. Such examination shall be commenced immediately after the close of said period and be completed as soon as practicable. 3. Upon the completion of such, examination a full and de- tailed report thereof shall be made by such audit company to the governor, and a printed copy of such report shall be fur- nished to each member of the next legislature not later than thirty days prior to the beginning of the next regular session. 4. A sum sufficient to carry out the provisions of this act is hereby -appropriated but of any money in the state treas- ury not otherwise appropriated. 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 instruc- tion in the fundamental laAVs of the United States and of this state in Avhat 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 witli 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 of regents as to schools. Section 404. (As amended by Chap. 204, laws of 1909.) 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 teachers and officers and to employ such persons as may be re- quired for each of said schools ; to fix the salary of each person so appointed or employed and to prescribe their several duties. 222 SCHOOL LAWS OF WISCONSIN. 3. To remove at pleasure any principal, assistant or other of- ficer or person from any office 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. But when any state normal school shall offer a course for the express purpose ot training teachers for country schools, the completion of which shall entitle one to the certificate mentioned in section 405, as amended by this act, the course of study shall be the full and fair equivalent of the course of study prescribed for the county training schools by the state superintendent. 6. To cause notice to be given of the opening of such schools and the several terms thereof. ' 7. To prescribe rules and regulations for the admission of students; but every applicant for admission shall undergo an examination to be prescribed by the board, and shall be rejected if it shall appear that he is not of 'good moral character or if applying as a free pupib will not make an apt or good teacher. 8. ■ To require any applicant for admission, other than such as shall, prior to admission, sign and file with said board a declaration of intention to follow tjie business of teaching com- mon 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 liter- ature 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 i^rincipals 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. (As amended by Chap. 204, laws of 1909.) Said board may grant diplomas in testimony of scholarship and abilitj;' to teach, but no such di- ploma 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 graduate has, after receiving such diploma, taught a public school in this state one year, the state superintendent may, after such examination .as to moral character, learning and ability to teach as to him may seem proper. * * * issue' to such teacher an unlimited state 'certificate, and thereafter such * * * unlimited cer- STATE NORMAL SCHOOLS. 223 tificate shall be evidence of his qualification to teach in any common school. * ^ * The said board may also, on such conditions as they may determine, grant a certificate of attend- ance certifying that the holder has completed the elementary conrse in a normal school and is qualified to teach a common school; and the said superintendent may, upon conditions above prescribed respecting diplomas, * * * issue a limited state certificate, and thereafter such * * * certificate shall be evidence of his qualification to teach in any common school of the state. * *' * The said board of regents may also on such conditions as they may determine, grant a certificate, certifying that the holder has completed the course for teachers of country schools in a normal school and is qualified to teach in a country school. Such certificate shall have the same force and effect in all respects as the certificate of a county training school, as de- fined in section 2, chapter 509, laws of 1905, and any acts amendatory of the same. 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- pedient. Such visitors shall be appointed annually, and their report shall bear date of the thirtieth day of May and cover the year preceding such date. State tax. Section 406a. ' (Chapter 319 amending the Statutes of 1898 as amended by chapter 170 of the laws of 1899, as amended by Chap. 370, Laws of 1901.) For the pur- pose of conducting and maintaining the normal schools, there shall be levied and collected annually, a state tax of * * * three hundred and * * *' forty thousand * * . * (j(^t. lars, which amount ig * * *- annually appropriated to the normal school fund income. TEACHERS INSTITUTES. How held and condncted. Section 407. Institutes for the instruction of teachers shall be held in each year in such coun- ties as may be designated by the state superintendent, with the 224 SCHOOL LAWS OF WISCONSIN. advice and concurrence of said board, preference 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. Section 408. (Statutes of 1898, as amended by Chap. 170, Laws of 1899, as amended by Chap. 371, Laws of 1901.) For the purpose mentioned in the pre- ceding section, said board may use such sum not exceeding fourteen 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 dol- lars 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. Normal school fund income. Section 409. The normal school fund iiicom^e shall, under the direction and management of the said board, be applied and is hereby appropriated to the establishment and support of the state normal schools and the purposes 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 3^ear in which the biennial fiscal term closes, which shall contain a full and detailed ac- count of the doings of the .said board and of all their expendi- tures 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 trans- mitted to the legislature by the governor. OF THE UNIVERSITY. 225 XXIIL— OF 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. (Chapter 523, laws of 1909, amending section 378, as amended by chapter 255, laws of 1901.) The government of the university shall be vested in a board of regents, to consist of one member from each congres- sional district and two from the state at large, at least * * * two of whom shall be * * * women, to be appointed by the governor; the second woman regent shall be appointed on or before February 1st, 1911 ; but this act shall in no way aftect the term of office of the present members of the board o^ re- gents ; the state superintendent and the president of the univer- sity shall be ex-officio members of said board; said president shall be a member of all standing committees of the board, but shall have the right to vote only in ease of a tie. The terms 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, and until the appointment and qualification of their respective successors, unless sooner removed by the governor; but appointments to fill vacancies before the expiration of the time shall be for the residue of the term only. Powers of board; officers. Section 379. The board of regents and their successors in office shall constitute a body cor- porate by the name of "the regents of the university of Wis- consin," and shall possess all the powers necessary or conven- ient to accomplish the objects and perform the duties prescribed by law, and shall have the custody of the books, records, build- 15— S. U 226 SCHOOL LAWS OF WISCONSIN. ings and other property of said university. The board shall elect a president and a secretary, who shall perform such duties as may he prescribed by the by-laws of the board. The secre- tary shall keep a faithful record of all the transactions of the board and of the executive -committee thereof. The state treas- urer shall be the treasurer of the board and perform 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 elec- tion of the president and secretary of said board and the dura- tion of their respective terms of office, and the times for hold- ing 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 time. Duties of regents; additional powers. Section 381, The board of regents shall enact laws for the government of the university in all its branches; elect a president and the requi- site number of professors, instructors, 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 the 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 partisan 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 judgment, the interes-ts 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 m 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 a:nd by the female students attending the university OF THE UNIVERSITY. 227 and not otherwise), who shall have charge and general super- vision thereof under snch regulations as the board may 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. Use of income — addition of other colleges. Section 382. The board of regents are authorized to expend such por- tion of the income of the university fund as they may deem expedient 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 uni- versity any college in this 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. Report, and printing thereof. Section 1383. At t;he close of each biennial fiscal term the regents through their pres- ident shall make a report in detail to the governor and the leg- islature exhibiting the progress, condition and wants of each of the colleges embraced in the university, the course of study in each, the number of instructors and students, the amount of re- ceipts 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 en- titled "An act donating land to the several states and terri- tories 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 de- sirable the important results of investigations conducted by the director of Washburn observatory and by other investigators ■ connected with the university, and also the results of such ex- periments therein relating to agriculture or the mechanic arts as said board may deem to be of special value to the agricultural and mechanical interests of the state. With the approval of the governor such number of copies as he shall direct, and of the Washburn 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 commissioners of public printing shall order. Eight hun- dred copies of each of said reports, when so directed by the gov- 228 SCHOOL LAWS OF WISCONSIN. ernor, except those of the Washburn observatory, shall be de- livered to the legislature and the remainder be used in exchange for the publications of other institutions . and for such other public purposes as the regents may order. . Accounts, how made, etc. Section 383a. No claim or accoimt 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 endorsement 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 uni- versity shall be president of the several faculties and the execu- tive head of the instructional force in all its departments; as such he shall have authority, subject to the board of regents, to give general direction to the instruction and scientific inves- tigations of the several colleges, and so long as the interests of the institution require it he shall be charged with the duties of one of the professorships. The immediate government of the several colleges shall be intrusted to their respective faculties; but the regents shall have the power to regulate the courses of instruction 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 miscondnct or other cause pre- scribed in such by-laws. Object and departments. Section 385. ^ (As amended by chapter 36, laws of 1909.) The object of the university of Wis- consin shall be to provide the means of acquiring a thorough Imowledge of the various branches of learning connected with literary, scientific, industrial, and professional 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 * * * law school. 5. The * * * medical school. 6. Such other colleges, schools, or departments as are now or may from time to time be added thereto or connected there- with. OP THE UNIVERSITY. 229 Examination of accounts. ( Chapter 497, laws of 1909.) Section 383m. 1. The board of regents of the state university shall cause all of the financial transactions and accounts of or relating to the state university in any of its departments at the close of each biennial period to bo fully and thoroughly ex- amined by an audit company of recognized business standing and reliability and approved of by the governor and in no way connected with the university or with any of its activities. 2. Such examination shall be commenced immediately after the close of said period and be completed as soon as practicable. 3. Upon the completion of such examination a full and de- tailed report thereof shall be made by such audit company to the governor, and a printed copy of such report shall be fur- nished to each member of the next legislature not later than thirty days prior to the beginning of the next regular session. 4. A sum sufficient to carry out the provisions of this act is hereby appropriated out of any money in the state treasury not otherwise appropriated. Departments, what embraced in. Section 386. The col- lege of letters and science shall embrace liberal courses of in- struction in language, literature, philosophy and science, and may embrace such other branches as the regents of the univer- sity shall prescribe. The college of mechanics and engineering shall embrace practical and theoretical instruction in the vari- ous branches of mechanical and engineering science and art, and may embrace such additional branches as the regents may de- termine. 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 branches as the regents may determine. Open to both sexes — military instruction — ^diplomas may be countersigned. Section 387. (As amended by chapter 66, laws of 1909.) * * * AH schools and colleges of the university shall, in their respective departments and class exercises, be open without distinction to students of both sexes and all able-bodied male students in whatever college therein may receive instruction and discipline in military tac- tics, the requisite arms for which shall be furnished by the state. Any person who has graduated from a regular collegi- ate course at the university, and after such graduation shall 230 SCHOOL LAWS OF WISCONSIN. furnish evidence to the state- superintendent of good moral character and of successful teaching for one school year in a puhlic school of this state, may have his diploma countersigned by said superintendent, which shall then have the force and ef- fect of * * * an unlimited state certificate, subject to the exercise of the power vested in the state superintendent to revoke the right given by his signature to such diploma. Diplomas are no longer countersigned. See Chap. 579, laws of 1907, page 82 of this code. Tuition fees at the state university. (Chapter 105, laws of 1907, amending section 388, statutes of 1898.) Section 388. No student who shall have been a resident of the state for one near next preceding his admission at the beginning of any aca- demic year, shall be required to pay any fees for tilition in the university, except for extra studies; the regents may pre- scribe rates of tuition for any pupil who shall 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. This chapter does away with the payment of fees by those who take the courses prescribed for the college of law in the state university. Funds for support of — gifts, bequests, etc. Section 389. For the support and endowment of the university there is annually and permanently appropriated : 1. The university fund income and all other sums of money appropriated by law to such fund. 2. The agricultural college fund income. 3. All such contributions as inay 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 accounts of the state and for the support of the aforesaid col- leges 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 pri- vate 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 OF THE UNIVERSITY. 231 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 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, fellowship 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 course, 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, group 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 gif ~, grant, devise or bequest the regents shall divide and graduate the students at the uni- versity into such classes or divisions as may be necessary 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 232 SCHOOL LAWS OP WISCONSIN. the regents shall determine the persons so described as herein- before provided. Tax for, and appropriation of part — ^loans. Section 390 (as amended by chapter 320, laws of 1905, amending chap- ter 170, laws of 1899; section 1, of chapter 322, laws of 1901, and section 1, of chapter 344, laws of 1903). There shall be levied and collected annually a state tax of two-sevenths of one mill for each dollar of the assessed valuation of the taxable general property of the state as ascertained and fixed by the state board of assessment for apportionment of the state tax to the several counties which amount, when so levied and col- lected, is appropriated to the university fund income to be used for current and administration expenditures and for the in- crease and improvement of the facilities of the university; pro- vided, that upon any apportionment of funds in the treasury under section 1069a of the statutes of 1898, such fund shall be applied to the tax hereinbefore levied. The commissioners of public lands may direct the state treasurer, from time to time, to set apart such sums by way of loan to the fund known as the university fund income for the university uses from unin- vested moneys in the trust funds for the period when so unin- vested, as in their judgment shall be prudent, such loans to be repaid to the trust fund from the tax hereinbefore appropriated with interest at the rate then required upon loans to school dis- tricts. Section 2. There is hereby annually appropriated for the period of three years, the sum of two hundred thousand dollars, to the university fund income from the general fund of the state out of any moneys not otherwise appropriated to be used for the construction and equipment, in the order of the greatest need therefor, of such additional buildings and works and the enlargement and repairs of buildings and works, as in the judgment of the regents shall be absolutely required, and as shall be approved by the governor and can be completed within the appropriation herein made; and also for fire protection; for furniture and equipment of existing buildings; and for ap- paratus and additions to the library; provided, that no plan or plans for any building shall be finally adopted, and no contract or contracts shall be entered into by the regents for the construc- tion of any building until such plans and contracts, with com- plete estimates of the total cost thereof, shall have been sub- mitted 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 or by such other means as he may in OF THE UNIVERSITY. 233 his discretion' adopt, that such building is required for the pur- poses proposed, and it can and will be erected and fully com- pleted according to such plans or contracts for the sum proposed for the same by the regents out of the appropriation herein made. The observatory. Section 391. The sum of three thou- sand 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 receive the actual amount of his expenses in traveling to and from md 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 sueh 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. No regent shall 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. Section 392em. (Chapter 507, laws of 1909.) 1. The re- gents are hereby authorized to establish and equip two branch agricultural experiment stations in such portions of the state as may be deemed advisable for the purpose of carrying on ex- perimental and demonstration work in agriculture, whenever not less than eighty acres of suitable land for each station shall be donated to the state for such purpose, such branch or sub- stations to be under the direction of the state agricultural ex- periment station of the college of agriculture, 2. For the purposes of carrying oat this act, there is appro- priated the sum of two thousand dollars annually for the term of three years, 234 SCHOOL LAWS OF WISCONSIN. XXIY.— PUBLIC SCHOOLS IN CITIES. Common and high school boards — cities of the first class. (Chapter 459, laws of 1907, creating twenty-two new sections.) Section 1. The public schools in every city of the first class, whether organized under general or special charter, shall be under the general management, control and supervision of a board of school directors, consisting of fifteen members from the city-at-large, selected as provided in this act. No person holding any ofSce in any political organization, or any lucrative city, county or state ofBce other than a judicia:! office or that of a notary public, shall be eligible to be a member of such board of school directors. The members of every such 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 cer- tified by the officer administering the same, with the city clerk. Section 2. The board of school directors of cities of the first class in Wisconsin shall consist of fifteen members, who shall be qualified voters of such city, who shall be elected as hereinafter provided at a school election to be held biennially on the first Tuesday in April, the first regular election under this act to be held on the first Tuesday in April, 1909. The school election shall be held at the same time and place and under the charge of .the same election officials as the election of judges or other officers held on the same date; but unless the voting is by voting machines, separate ballot boxes shall be provided ..to receive the ballots for members of the board or school directors, which ballots shall be prepared and supplied to the election officials in the same way as other ballots are provided and supplied for other elections. At such school elec- tions the candidates receiving the greatest number of votes for the several positions shall be declared elected. Section 3. Within five days after this act shall become effective in any city, the mayor, the city treasurer, the city PUBLIC SCHOOLS IN CITIES. 235 comptroller, the city attorney and the president of the common council of such city, acting as a commission for such city, of which commission the secretary of the board of school directors or board of school commissioners, or of such board of educa- tion as such city may have, shall act as secretary, shall meet and appoint fifteen members of the board of school directors. Five of the directors so appointed sLall be appointed to serve from the first Tuesday of the month next following their appointment until the first Tuesday of July next following the first regular school election to be held in any city to which this act will apply; five of the directors so appointed shall be ap- pointed to serve from the first Tuesday of the month next fol- lowing their appointm^ent until the first Tuesday of July nest following the second regular school election to be held in any city to which this act will apply; and five from the first Tues- day of the month next following their appointment until the first Tuesday of July next following the third regular school election to be held in any city to which this act will apply ; and at the school elections to be held on the first Tuesday in April preceding -the expiration of the terms of those members so appointed, their successors shall be elected by the qualified voters of such city to serve for the term of six years or until their successors are elected and qualified. Within ninety days after such appointees shall have entered upon the duties of their office the common council of such city may by resolution concurred in by a majority of the members- elect thereof, provide for a special school election to be held in such city to elect successors to such appointees; five of the directors so elected to be nominated and elected to succeed the five directors appointed for the term expiring on the first Tues- day of July next following the first regular school election to be held in such city; five of the directors so nominated and elected to succeed the five directors appointed for the term expiring en the first Tuesday of July next following the second regular school election in such city; and five of the directors so nominated and elected to succeed the five directors appointed for the term expiring on the first Tuesday of July next follow- ing the third regular school election in such city; the respective terms of oifice of such directors so elected at such special elec- tion shall terminate at the respective times when the terms of ofiice of their predecessors would have terminated if no special school electicn had been called and held; in the event of such special school elexition in any city to which this act will apply, the terms of office of the directors-elect shall begin on the first Tuesday of the month next following such election. In the 236 SCHOOL LAWS OF WISCONSIN. event sueli special school election be called by the (Common coun- cil of any city as hereinbefore provided, it shall be held at the polling- places, in the manner and nnder the charge of the elec- tion ofScials, ballot clerks, inspectors, etc., as the regular school elections to be held under this act; and nominations for such special election shall be made and had in like manner as pro- vided for the regular school electionr^ under this act; provided, hovpever, that no such resolution for the calling of a special election under this act shall be introduced except at a regular meeting of the council, and no action shall be taken thereon before the next regular meeting thereof, nor until such proposed resolution shall be published at least once in an official city paper, if there be one ; and if there be none, in some newspaper to be designated by the council together with a notice of the time said resolution will be considered. All vacancies in the said board of school directors caused by death, resignation, removal, or resulting from any cause, shall be filled by the board, a majority of the remaining mem- bers being necessary to a choice. Members so elected by the board shall serve until the first Tuesday in July following the next school election, at which election the vacancies shall be filled for the unexpired term in the same manner as members are elected for the full term. Provided, that the members of boards of school directors or of such board of education as such city may have in office when this act becomes effective in such city, shall hold their offices until the time for newly appointed members to assume their duties as provided heretofore in this section, or until their successors so appointed are qualified, and during such period shall continue to exercise all the rights and privileges and discharge the duties devolving upon members of the board of school directors under the provisions of this act. Section 4. The nomination of candidates to be voted for as members of the board of school directors shall be by peti- tion, and any person on whose behalf a petition shall be pre- sented to the proper officials not less than ten days before the date of such school election, signed by not less than five hun- dred qualified voters of the city, shall be entitled to have his name placed upon the ballot to be voted for as a member of such board of school directors. Nominations for members of such board shall not be under any party designation, but shall be "for member of the board of school directors for the full term" or "for member of the board of school directors for ■ two years, to fill vancancy, ' ' etc. Section 5. The board of school directors shall meet on th^ first Tuesday of the month following the first appointment PUBLIC SCHOOLS IN CITIES. 237 of its members, and in the event of a special election, on the first Tuesday of .the month following sr.ch special election, and thereafter on the first Tuesday of July in each year, and or- ganize by the election of the proper officers. A president shall be elected by said board from their own number 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 pres- ident pro tempore. After his election the president shall ap- point standing committees, to serve for one year. The seat of any member shall be declared vacant by the board and the vacancy shall be filled by them by election in the manner hereinbefore provided, if the said member has been absent for four successive meetings of the board without satisfactory reason presented by him in writing. In case of the absence or inability, from ^ny cause, of any officer appointed by said board to perform the duties of his office, said board may appoint 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 members of the board shall be subject to all restrictions, liabilities, punishments and limitations pre- scribed by law as to members of the common council in their city, and they shall be exempt from jury duty. A majority of all the members-elect of the board of school directors shall have power to dismiss from office for malfeasance in office in such city any member of the board of school directors, and the said board provide by resolution the manner of hear- ing and disposing of complaints against a member. The board shall not in any one year contract any debt or incur any expense greater than the amount of the school funds subject to its order as provided in this act. 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 adjourn. A majority of the whole board shall be necessary to elect any officer author- ized to be elected by said board. Regular meetings of the board shall be held at least once each month, at stated times to be fixed and published by the board in its rules, and special meetings may be called and held as shall be provided by the rules of the board, at which no other business shall be transacted than that specified in the notification thereof, which shall be given personally or mailed to each member at least twenty-four hours before the ' time of such meeting. 238 - SCHOOL LAWS OF WISCONSIN. Section 7. The board of directors of each, city in which this act shall be applicable is hereby authorized and required to establish and organize so many public schools, in addition to those already established in such city, as may be necessary for the accommodation of the children of the city entitled by the constitution and laws of the state, to instruction therein. The said board, as herein provided, shall erect, purchase, hire or lease buildings, improve or enlarge the same, and pur- chase furniture and lots for the accommodation of such pub- lic schools of said city and purchase, install and maintain heating systems in said schools, and enter into contract for the carrying out of any of the purposes Jiuthorized in this act; pro- vided, however, that when the board of directors shall contem- plate the doing of any work or the purchasing of any material, the estimated cost of which shall exceed the sum of five hundred dollars, said board of directors shall advertise for proposals for doing the same, a plan or profile of the work to be done, accom- panied with specifications for doing the same, or other appropri- ate sufficient description of the work required to be done, and all the kinds or quality of material to be furnished, being first placed on file in the office of said board for the information of bidders and others. Such advertisement shall be published at least six days in the official papers of such city and shall state the work to be done and the time for doing the same, which shall in all cases be such reasonable time a? may be necessary to en- able the contractor with proper diligence to perform and com- plete such work. All proposals shall be sealed, and directed to said board and shall be accompanied with a bond to such city in the penal sum not less than thirty per cent, of the amount of the board's esti- mate of the cost of such work, as such board in such advertise- ment may direct, and such board in letting any such contract and in doing such work shall proceed in manner and form and have the power and authority in manner and form as is vested in the board of public works, or other public officer or officers, of any such city for the doing of any public work and the entering into contracts therefor. Such board shall also have authority to reserve the right to reject any and, all bids submitted. Such contracts shall run in the name of the said city, and shall be ex- ecuted and signed by the president and secretary of the board of school directors, countersigned by the comptroller of said city, and shall be approved by the city attorney of the said city, as to form and execution. The selection of sites for school buildings, and adoption of plans for the erection of school buildings, shall PUBLIC SCHOOLS IN CITIES. 239 be determined by a committee consisting of tbe president of the board of sebool directors, the chairman of the committee on buildings of said board of school directors and the superintend- ent of schools who shall be known as the statutory committee on school sites and plans. Their decision shall be subject to the ap- proval of the said board of school directors. The schoolhouses now erected and the lots on which they are situated and the lots now or hereafter purchased for school purposes and the schoolhouses thereon erected shall be the property of the city ; no lot shall be purchased or leased, nor shall any schoolhouse be erected without resolution duly passed by the board of school directors. Deeds of conveyance and leases shall be made to the city. The said board shall also have the power to establish and define from time to time the boundaries of all common and high school districts, in such manner as they may deem best calcu- lated to promote the interests of the schools. The board shall also have the power, subject to the powers and regulations of the city service commission, to employ all janitors necessary in the schoolhouses of their city and to fix their compensation, but the principal of each school shall be cus- todian of all buildings and rooms occupied by the school over which he presides and shall have the general supervision over the same, and shall direct the janitor thereof in relation to the keeping and care of such buildings and rooms. Section 8. The board of school directors shall have tht power to adopt for use in the several public schools of any such city, suitable text books subject to the provisions of the next following section. Said text books shall be uniform m the 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 organ- ization, discipline and management of the public schools under its control, and generally adopt such measures a^ shall promote the good order and public usefulness of said schools; provided, that such by-laws, rules and regulations shall not conflict with the constitution and laws of the state. Section 9. The board of school directors shall elect by ballot at the regular meeting preceding the expiration of the term of office of the superintendent of schools who is in the 240 SCHOOL LAWS OF WISCONSIN. office when tliis act shall become effective, a person of suitable learning and experience in the art of instruction, and practical familiarity with the most approved methods of organizing and conducting a system of schools, for superintendent of schools, and said superintendent of schools shall hold his office until the first day of July nest following his election as herein provided, and for three years thereafter, except in case of removal as herein provided, and each third year thereafter the said board shall elect at the first regular meeting in May, a superintendent of schools, as provided herein, who shall serve for the term of three years from the first day of July next following his election. The superintendent of schools shall, under the direction of the board, have a general supervision of the public schools and of the teachers in the cities aforesaid and of the manner of con- ducting' and grading of said schools. He shall appoint, subject to confirmation by the board, assistant superintendents and such other assistants and supervisors as may be authorized by the board. Such superintendent shall be an advisory member of every committee of the board, except at time where an inquiry into his acts or investigation of his official conduct shall be under consideration by such committee. A committee consisting of the president of the board and four members of the board selected by the president, shall on a strict basis of eligibility and fitness, examine, certificate, employ, classify, transfer and promote teachers. The action of such committee shall be subject to amendment, rejection or confirmation by the board. The president of the board and four members of the board, to be selected by the president, shall constitute a committee to select and determine courses of study, for the schools, and text books to be used therein. The action of such committee shall be subject to amendment, rejection or confirmation by the board. Section 10. The board shall also appoint as a vacancy shall occur, some suitable 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 meeting 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 perform 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 with and kept in the office of the city PUBLIC SCHOOLS IN CITIES. 241 clerk of said city, and the board may require seciirity 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 of- ficer or employe additional bonds and sureties in its discre- tion. The secretary of the board shall also take the annual enumeration of the children of school age in the city, re- quired by law, and shall at the same time collect such further statistics and information relating to schools and to the pop- ulation entitled to school privileges in said city as may be directed and required by the board, and he shall receive for such service a compensation or fee of two cents per capita upon the entire enumeration of persons between the ages of four and twenty, residing in said city, to be audited by the board and paid out of the funds provided for the support of the schools. Section 11. It shaU be the duty of the secretary of the board, within thirty days after the appointment of teachers and other salaried employes, to report to and file with the city comptroller or other auditing officer of the city, a duly certified list of teachers and employes so appointed and a statement of the time or times fixed for the payment 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 such teachers or employes, or making " a new election or appoint- ment to any position entitling the person appointed to receive a stated salary immediately after such action is had, in like manner file with such comptroller or other auditing officer' a certified list and statement of all such changes and appoint- ments. All claims and demands against the city or board, be- fore they are allowed by the board, shall be audited and ad- justed by the comptroller or other auditing officer of such city, 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 the same, together with the proper voucher, stating the character of the material or service for which the same is ren- dered; and before a warrant shall be issued therefor 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 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. 16— S. L. 242 SCHOOL LAWS OP WISCONSIN. Section 12. The superintendent of schools, or the secre- tary of the board, may be removed from office for misdemeanor in office, incompetency or inattention to the duties of his of- fice, 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 served upon the accused at least five days before the time of hearing and before any action shall be taken by the board thereon. And the accused shall be heard by himself or counsel, and either party may procure witnesses, who shall be sworn by the pres- ident of the board and give testimony subject to the pains and penalties of perjury. Section 13. The board of school directors is hereby author- ized and it shall be their duty, to maintain the high schools now established in said cities, and to establish and maintain such other- high schools as may from time to time be found necessary by them, and said board shall divide said city into high school districts and _said schools shall be opened to stu- dents residing within said districts. Section 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, text books and course of study, and all other matters as is provided herein- Itefore in the case of common schools. Section 15. The course of study in the high school 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 testimony of scholarship and literary acquirements. Section 16. (Chapter 459, laws of 1907, as amended by chapter 369, laws of 1909.) 1. The said board shall report to the common council of each city under this act, at or be- fore the first m^eeting of the council in September in each year, the amount of money required for the next fiscal year for the support of all the public schools in said city including high schools, and it shall be the duty of said common council to levy and collect a tax upon all the property subject to taxa- tion in said city, at the same time and in the same manner as other taxes are levied and collected by law, which, together mth the other funds provided by law, and placed at the dis- posal of said city for the same purpose, shall be equal to the amount of money so required by the said board of school di- rectors for school purposes, as provided in this act; the said board shall also report to the common council, at the same time PUBLIC SCHOOLS IN CITIES. 243 as above, the amount of money required for the next fiscal year for the repair and keeping in order of school buildings, fixtures, * * * and the repair of broken or worn out fur- niture, the making of material betterments to school property and the purchase of the necessary additions to school sites, in accordance with the provisions of this act, and it shall be the duty of the said common council to levy and collect a tax upon all the real and personal property in said city subject to taxation, at the same time and in the same manner as other taxes are levied and collected by law, which shall be equal to the amount of money so required by the said board of school directors for the said purpose, as provided in this act; pro- vided, that the tax so levied upon each dollar of the assessed valuation _of all property, real and personal, in said city sub- ject to taxation shall not in any one year, prior to July 1st, 1911, exceed * * * four mills, nor in any one year there- after four and one-half mills for the snpport of all schools, and one-half mill for the repair and keeping in order of school buildings, fixtures, grounds and fences, the purchase of school furniture and the repair of broken and worn out furniture, the making of material betterments to school property and the purchase of necessary additions to school sites, and the said taxes for the purpose named in this section shall be in addition to the tax to be levied for the general city purposes upon all the taxable property of said city. The said tax and the entire school fund of the city shall not be used or appro- priated directly, or indirectly, for any other purpose than the payment of the salaries of the superintendent of schools and his legally authorized assistants, the secretary of the school board," and legally qualified teachers whose appointment is con- firmed by said board and such employes as the board may deem necessary, the necessary and current expenses of the schools in- cluding the purchase of school supplies, apparatus, fuel, gas, electricity or electrical power and * * * such other school purchases and purposes * * * as may be required for the proper maintenance and administration of the schools. 2. All moneys received by or raised in such city for school purposes shall be paid over to the city treasurer, to be dis- bursed by him on the 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 rolls furnished by the secretary to the comptroller to the fact that the amounts therein are correct as allowed by said board. Provided, that the board of school directors may 244 SCHOOL LAWS OF WISCONSIN. 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 fi- nance committee of said board of school directors and counter- signed by the city comptroller of such city. Section 17 (as amended by Chap. 281, Laws of 1909). Whenever the board of school directors shall deem it necessary to erect new buildings or additions to old buildings, or to pur- chase school sites, they * * * shall by a two-thirds vote of the members, send a communication to the common council of said city, at or before the first meeting of the council in November in each year, stating the amount of funds so needed and the purposes for which it is proposed to use the said funds, and requesting the said common council to submit to the voters of said city at the next election of any sort to be held in said city the question of issuing the school bonds of said city in the amount and for the purpose or purposes named; and upon re- ceipt of such request from the board of school directors it shall be and is hereby made the duty of the said common council to cause the question of the issuance of the said bonds for the said school purposes to be submitted to the voters of the said city at the next regular, special or other election held in the said city. The question of the issuance ol the said school bonds shall be submitted upon a separate ballot, or in some other manner so that the vote upon the issuance of said school bonds shall be taken separately from any other question submitted to the voters at the same election, and if a majority of the votes cast upon such bond proposition shall be in favor of the issu- ance of said bonds, then the common council of said city shall cause such school bonds to be issued forthwith in the same manner as other bonds which have been properly authorized are issued, and the proper officials of the said city shall sell or dispose of the said bonds in the same manner as other bonds are disposed of and the entire proceeds of the same shall be placed in the city treasury, subject to the order of the said board of school directors, for the purposes named in the request for the issuance of the said bonds. Said school bonds shall not bear a greater rate of interest than four per cent per annum, and shall be payable in twenty years from the date of their issue, one-twentieth of the principal to be payable each year, and the r.aid common council is hereby authorized and it is made their duty to levy and collect a tax upon all property, . PUBLIC SCHOOLS IN CITIES. 245 real and personal, in the said city subject to taxation, in the same manner and at the same time as other taxes are levied and collected, which shall be sufficient to pay the interest on all school bonds outstanding, issued under the provisions of this act, and to pay such part of the principal of such school bonds so issued as becomes due and payable during the next fiscal year. The amount of such school bonds outstanding at any one time shall not be greater than one per cent of the total assessed valuation of all property, real and personal, in the said city subject to taxation, and the tax levied to pay the interest on and the principal of the said school bonds shall be in addition to the tax levied for general purposes upon all the taxable property of said city. Section 18. The board shall be governed in all things by the school laws of the state, 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 number 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 enumeration required by law; the extent of school accommo- dations in the several schools; the amount of school money raised or received during the year; distinguishing the amount received from the state fund, from the amounts derived from taxes levied by the county board of supervisors and by the common council respectively; and the amounts 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 trans- ~iitted to the state superintendent of public instruction, and a like copy to the librarian of the state historical society in Madison. Section 19. No member of the board of school directors, superintendent, assistant superintendent, secretary of the board, other assistant, teacher of any common school or high school, or janitor or other employe of the board, shall be in any wise interested in any purchase or sale of any real or personal property by the city for the use or convenience of any of the schools, and no such contract made in violation of this provision shall be valid, and any consideration paid by the city upon any such purchase or sale herein prohibited, may be recovered in an action at law in the name of the city aggrieved thereby, and any person so offending against the 246 SCHOOL LAWS OF WISCONSIN. provisions of this act sliall be removed from any position held by him under this act. Section 20. 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 of which he was so appointed; subject, never- theless, to be removed from such office for the causes and in the manner mentioned in this act. Any vacancy for any cause occurring in any office subject to the provisions of this act, shall be filled by appointment for the unexpired term. Section 21. This act is amendatory of the charters of the various cities to which it applies or may hereafter become applicable, and any provision of said charters inconsistent herewith is hereby modified, amended or repealed by this act to the extent necessary to giv;^ full force and effect to the intent hereof. It must be understood that the provisions of this act apply only to cities of the first class, that is, to the city of Milwaukee. TEACHERS' RETIREMENT FUND. 247 XXY.— TEACHERS' EETIREMENT FUND. Cities of the first class. (Chapter 453, Laws of 1907, creating section 925xx.) Section 925 — xx. 1. Two female teachers, two male teachers and four members of the board of school directors, in cities of the first class shall constitute in their respective cities, a board of trustees for the purpose herein set forth. The teachers who shall elect to come un- der the provisions of this act shall hold their first annual meeting on the first Saturday of October ,1907, and shall elect by ballot, one female teacher who shall hold office for a term of one year, one female teacher who shall hold office for a term of two years, one male teacher who shall hold office for a term of one year, and one male teacher who shall hold office for a term of two years; and a majority of all the votes cast shall be necessary in each case for an elec- tion. Such meeting shall be called by the secretary of the school board by giving due notice to all such teachers of the hour and place where the meeting shall be held. AnnualJy, thereafter, at a meeting duly called by the board of trus- tees on the first Saturday of October, one female teacher and one male teacher shall be elected in the same manner for a term of two years. The boards of school directors of cities of the first class shall, at their regular meeting in October, 1907, elect two of their number to be members of the board of trustees for a term of one year, and two of their number to be members of the board of trustees for a term of two years; and annually thereafter, at their regular October meetings, the boards of school directors shall elect one of their number to be a member of the board of trustees for a term of two years. The board of trustees shall organize with- in ten days after the regular October meeting of the board of school directors by the election from their members of a pres- ident and a secretary, and may adopt rules of order not incon- 248 SiCHOOL LAWS OF WISCONSIN. sistent with this act. In case of vacancy, the board of trus- tees shall within ten days after its occurrence, fill the same for the unexpired term. 2. A teachers' retirement fund is hereby created in cities of the first class, and the fund shall consist of: A permanent and a general fund. The permanent fund shall be made up of gifts and legacies specifically given to said permanent fund, and the sums set apart by the board of trustees. The general fund shall be made up of : (a) Gifts and legacies not specifically given to said perma- nent fund. (b) All amounts retained from salaries of teachers under the provision of this act and the interest derived from said per- manent fund. (c) The board of school directors in cities of the first class may pay out of the school fund into the teachers' retirement fund a sum not to exceed one per cent, of the gross receipts raised by taxation for school purposes. (d) All moneys obtained by such other methods of incre- ment as may be duly and legally devised for the increase of said fund. The general fund may be drawn upon for the purpose of this act by said board of trustees. 3. Said board shall have control of the retirement fund, investing the same only in such securities as savings banks are authorized by law to invest in. The board shall receive and consider all applications for annuities under this act, and when in their opinion the best interests of the school are served by the retirement of the applicants shall determine and direct payment of the annuities. The board shall keep full and complete records of the receipts and disbursements of this fund, and a complete list of all annuitants, and shall make a report of the same at each annual meeting of the teachers in October. All necessary expenses incurred by the board in carrying out the provisions of this act shall be paid out of the retirement fund, in accordance with the votes of the board. The members of the board shall serve without compensation. Whenever any member of the board shall cease to hold a po- sition as member of the board of school directors, or as teacher, in the public schools, his or her membership in the board shall thereupon cease. 4. The city treasurer shall be the custodian of the retire- ment fund, and shall make payments therefrom as ordered by the board of trustees. TEACHERS' RETIREMENT FUND. 249 5. Beginning with the monthly payments in November, 1907, the board of school directors shall reserve from the salary of each teacher who has come under the provisions of this act the sum of four dollars ($4.00), and from every monthly payment thereafter for a period of twenty-five years, shall re- serve the sum of two dollars ($2.00), and shall pay the sums so reserved into the school teachers' retirement fund, as herein provided. 6. The city treasurer upon the order of the board of trus- tees, shall pay out of said retirement fund, in monthly pay- ments, such an annuity to any teacher who shall retire from the service of the city, as the fund will allow, and said board of trustees shall determine; but in no case shall a teacher receive such annuity unless such teacher has taught for twenty- five years, and ,for at least fifteen years in the public schools of the city or cities to which this act applies, except as herein- after provided. 7. All annuities granted by the board of trustees under the provisions of section six shall be uniform in amount except as provided in section eight- of this act. 8. No annuity shall be paid to any teacher until sucK teacher shall have contributed to the general fund a sum equal to all the assessments for twenty-five year3, to-wit : five hun- dred dollars. Should any teacher retire under section six and be unable to pay the full amount of assessment as above specified,, the board of trustees shall pay to such retiring +eacher an annuity directly proportionate to the amount of money paid by such retiring teacher into the public school" teachers' retirement fund. 9. Any teacher who shall have been a contributing member, who shall retire from the service, not being in receipt of an annuity, shall, if an application is made within three months after date of his retirement, receive one-half of the total amount paid by him into the retirement fund. 10. All annuities granted under the provisions of this act shall be exempt from attachments and garnishment process, and no annuitant shall have the right to transfer or assign his or her annuity, either by way of mortgage or otherwise. 11. All elections or appointments of teachers by the board of school directors shall be subject to the provisions of this act, and all such elections and appointments shall be on pro- bation; but on a successful probation of four years the election or appointment shall become permanent during efficiency^ and good behavior. No teacher who is a contributor of said 250 SCHOOL LAWS OF WISCONSIN. fund, and whose position has become permanent by virtue of successful probation, shall be removed or discharged by the board of education except for cause upon written charges. The teacher shall receive a copy of such written charges at least three days before the hearing thereof. 12, This act shall be binding on all teachers employed in cities of the first class at the time of its enactment, who shall thereafter elect to come under its provisions. Notice in writ- ing to the superintendent of schools shall constitute such, elec- tion. All teachers not employed in cities of the first class at the time of the enactment of this law, who may be elected or appointed subsequent thereto, shall be bound by the provisions of this act, when their respective appointments shall have be- come permanent as herein provided. 13. The term "teacher" in this act shall include all super- intendents, principals, and regular instructors employed in the public schools of cities of the first class, provided, however, that the election or appointment of the superintendent, the assistant superintendents, 'and special supervisors shall not be affected by paragraph eleven of this act. The provisions of this act apply to the city of Milwaul^ee only. GENERAL CHARTER LAW CLASSIFYING CITIES. 251 XXVL— GENERAL CHARTER LAW DIVIDING CITIES INTO CLASSES. Board of education; election; appointment; terms; changes of school systems and boundaries of districts, vil- lages and cities. Section 925 — 113. (Chapter 177, Laws of 1909.) 1. If in any city other than of the first class which has adopted the general charter law; or which shall hereafter be- come incorporated under the provisions of section 925g, of the statutes, or which has adopted or which shall hereafter adopt sub- chapter XIV of chapter 40a, of the statutes, there shall be at the time of such adoption or incorporation a board of education or a school board elected by the people, or the ordinary school dis- trict system is in force, the plan of school organization and management shall continue until changed by a majority vote of the electors of such school district or districts; neither shall the adoption of the general charter or the act of incorporation under the provisions of section 925g, operate to change or in any way affect the boundaries of any school district. 2 If the district system is in force, the vote shall be taken at a special election, duly called, noticed and held as provided by law; and if any city shall contain more than one school dis- trict, then the special election shall be held in each school dis- trict any part of vfhich lies within the city limits, upon tlie same and at the same hour, and the existing system shall not be changed unless a majority of. the electors voting in each district at such special election shall vote in favor of sucii change. 3. If a majority of the electors voting in each such district at such special election shall vote in favor of such change, then such change of schooh system shall go into effect and be such as is provided for in said sub-chapter XIV and the school dis- trict boundaries shall, without further action, be changed so as to create one school district which shall include all the terri- 252 SCHOOL LAWS OF WISCONSIN. tory embraced within the limits of such city and each and all of those parts or portions of each such former district or dis- tricts lying outside of the limits of such city shall be attached to and connected with such city for school purposes; such change of the school system and school district boundaries shall go into effect on the first day of March following such special election and not earlier, and the school district boards and district officers existing at the time of holding such elec- tion shall continue in office and shall have exclusive control of their respective schools and school properties until such change of school system and school district boundaries shall go into effect as hereinbefore provided and to the end of the then current school year, and on the, first Monday of July following the date when such change of school system goes into effect each of said school boards shall settle their accounts with the board of education and shall deliver all property, papers and records of each of their respective districts to said board of education, 4. Immediately after the holding of such special election in each such district, each school district board shall certify and re-' turn . the results of such election to the clerk of each city and town within which any part of either such district is located and if such change of school system is voted upon favorably in each such district, the clerk of each such municipality shall make a record in his office showing the change of such system and boundaries and the date when the same will go into effect. 5. If the existing system of school organization is directed and controlled by a board of education or a school board either appointed or elected under the provisions of a special charter, such system can be changed by vote of the electors taken at a special election called and held pursuant to the provisions of such special charter governing special elections. 6. If the existing system of school organization is directed and controlled by a board of education appointed by the mayor under the provisions of the general charter law, such system can be changed by a vote of the electors taken at a special elec- tion duly calld and held pursuant to law. 7. In all cases where the existing system or plan of school organization shall be changed under the provisions of this act, such change shall not go into effect until the close of the then current school year. 8. In all cities governed by this sub-chapter, the school shall be under the control of a board of education, which board ex- cept as provided in section 925 — 113n shall consist of one com- GENERAL CHARTER LAW CLASSIFYING CITIES. 253 missioner from each ward and three from the city at large, to be appointed by the mayor and confirmed by the common council, or elected by the common council, if so determined by ordinance. The mayor in appointing or council in electing the first board shall divide the members into three classes as nearly equal as may be, one of the commissioners 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 remain- ing class for three years. Each commissioner shall hold his office for the term designated in such classification and until his successor shall have qualified; thereafter all commissioners shall be anpointed or elected and hold their offices for three years and until their successors shall have qualified. Section 3. There is added to the statutes three new sections to read: Section 925 — 113m. At the special election men- tioned in section 925 — 113 there shall be submitted to a vote of the electors of the several school districts the question, "Shall the board of education be elected in accordance with section 925 — 113n?" If a majority of all the votes cast upon that question at such election shall be in the affirmative, then the board of education shall be elected in accordance with the pro- visions of said section 925 — 113n at the spring election held in such city next after the time when such change of school sys- tem and school district boundaries shall go into effect. Section 925 — 113n. 1. Where the electors have decided in the affirmative under the preceding section, the board of edu- cation shall consist of- seven commissioners elected at large from the territory of such city. The members of such board shall be divided as nearly equal as may be into three classes. One class of three members shall be elected for one year, one class of two members for two year^, and those of the remaining class for three years. Such commissioners shall be elected at the an- nual spring election held in such city. The names of the can- didates for the office of school commissioner shall be printed upon a separate ballot under the title "school commissioners." 2. At the annual spring election next after the time when the change of school system and school district boundaries shall go into effect, there shall be elected seven commissioners to constitute the board of education for such school district. All qualified electors within such city shall be entitled to vote for such commissioners at such election. 3. At the first election held for the office of school commis- sioner the two persons receiving the highest number of votes shall be elected for three years, the two receiving the next high- 254 SCHOOL LAWS OF WISCONSIN. est number of votes shall be elected for two years, and the three receiving the next highest number of votes shall be elected for one year. Each elector voting at such first election shall be en- titled to vote for seven candidates. Thereafter such electors shall elect at each spring election commissioners for the term of three years. Each elector shall be entitled to vote for as many candidates as there are commissioners to be elected and the ones receiving the highest number of votes shall be elected. 4. The votes cast at such election shall be canvassed and re- turn thereof certified to the common council. The common council shall canvass the returns of such election and shall declare the result thereof as for city officers. 5. The persons elected in accordance herewith shall con- stitute the board of education of such school district. The term of office of each such commissioner shall commence on the first day of May following such election and each commissioner shall hold office until his successor is elected and qualified. Vacancies in such board of education shall be filled by appoint- ment by the mayor of such city subject to the approval of the council. Notices of election under this statute shall be given as in other elections in said city. Section 925 — 119m. 1. In all cities governed by this sub- chapter, having a school system under the provisions hereof and having attached to or connected with it for school pur- poses territory outside of the city limits, all the taxable prop- erty within the territory so attached to or connected with such city shall be subject to be taxed for the support and mainte- nance of the schools of such city, the same as property within such city. 2. It shall be the duty of the city clerk of such city in each year to ascertain the rate per cent which all taxes raised in said year in said city for school purposes bear to the assessed value of all the property tax for school purposes within such city for that year, and on or before the 25th day of November in such year in writing to notify the town clerk or clerks of the town or towns in which such attached or connected territory is situated of such per cent or rate of taxation in such city for school purposes, and it shall thereupon be the duty of said town clerk or clerks and each thereof immediately to carry out on the tax rolls of such town or towns respectively for such year a tax for school purposes of the same per cent on all taxable property within that portion of their respective towns so atr tached to such city for school purposes and such tax so carried out on such tax rolls is hereby declared duly levied and a lien GENERAL CHARTER LAW CLASSIFYING CITIES. 255 on sucli taxable property imtil paid the same as other taxes as provided by law. 3. It shall be the duty of the treasurer of such town or each such town to collect said tax in the same manner as other taxes, and the said treasurer or treasurers respectively shall pay over in each year in full the amount of taxes so carried out on said rolls and assessed on said property in their towns respectively for the purposes of schools in such city to the treasurer of such city, in the same order and as they are now required by law to pay moneys raised for common school purposes, and return taxes collected for any school district whether such town treas- urer has collected such tax or not. 4. If the taxes hereby provided for shall not be collected by said treasurer they shall be returned with and as delinquent taxes and their collection enforced in the manner now pro- vided by law for collecting delinquent taxes. Section 925— 113a. Chap. 237, Laws of 1909. 1. Upon the presentation of a resolution to the city clerk of any city of the fourth class now operating its schools under the provisions of the general charter or a special charter, signed by thirty per cent of the legal voters of such city school district, requesting a return to the ordinary, district system of school government, and an annul- ment of that provision of the charter under which the schools are now administered, it shall become the duty of the city council to submit this question to the electors of the city school district at a special election, duly called, noticed and held pursuant to law. 2. And if a majority of the electors of the city school district shall, at the special election duly held pursuant to the pro- visions of such special charter governing special elections or of the general charter, vote in favor of said change of school gov- ernment, then thereafter the schools of such city school district r.hall be administered, maintained, and operated under the ordi- nary district form of school government until changed by com- petent authority. 3. In all cases where the existing system or plan of school organization shall be changed under the provisions of this act, such change shall not go into effect until the close of the cur- rent school year. Annual meeting. Section 925 — 114. The first meeting of the board each year shall be held on the first Monday in May 256 SCHOOL LAWS OF WISCONSIN. 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 perform 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 sec- retary 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 same, 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 tc." afford to the people of the city such district school lacilities as the circumstances of the city and its various parts may from time to time require; provided, that in cities adopt- ing this chapter or being newly organized under it the school districts already established shall 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 textbooks 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 oAvn GENERAL CHARTER LAW CLASSIFYING CITIES. 257 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, regulations 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 as- sistant superintendents, either for general or special service, as they may deem necessary, and fix the salaries of such assist- ants; 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 meet- ings may be held under such rules and regulations as the board may fix. School buildings; office for board. Section 925 — 118. It shall be the duty of the board of public works except as pro- vided in section 925 — 87, under the direction of the council to erect and keep in repair all school buildings, and to provide suitable offices for the board of education, and its secretary, if there be one other than the city clerk, and the city superin- tendent of schools, if any. In the absence of permanent school buildings, or proper offices for the transaction of school busi- ness, the board of public works may rent suitable rooms, tempo- rarily, 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 17— S. L. 258 SCHOOL LAWS OF WISCONSIN. education shall prior to the first day of March each year make an estimate of the expenses of the public schools for the en- suing 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 amount 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 all moneys raised in any way for school purposes, whether by 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 hot apply to such city nor be in force therein until specially adopted by a vote of three-fourths of the members of the council. Section 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 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 public debt and five per cent, of the principal thereof. The city clerk shall place such estimates be- fore the council at its next regular meeting, and the council shall thereupon, by resolution, levy such sums of money as may be sufficient for the several purposes for which taxes are author- ized- not exceeding the amount provided by section 925 — 142a. And in making such levy they shall take into consideration the GENERAL CHARTER LAW CLASSIFYING CITIES. 259 estimated 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- graph 142, of the Wisconsin statutes for 1898, requiring the board of 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 necessary to raise by city taxation to the city clerk before the first day of March instead of October. Women on school boards. Section 926 — 16. Any woman over twenty-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 which she may be elected or appointed, owning at that time real estate, in her own right, situate 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 powers and duties of such office. Removal from such ward or district will create a vacancy in the office so filled. Any city of the second or third class existing under special charter may, by ordinance, adopt the foregoing provision in the man- ner following: Such ordinance shall be introduced at some regular meeting of the common council and no action shall be taken thereon before the next regular meeting 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 offi- cial paper or some other newspaper to be designated by the council, together with a notice of the time at which such pro- posed ordinance will be considered. The adoption of such or- dinance shall be by at least three-fourths of all the members elect of the common council. When adopted as herein provided such ordinance shall be deemed a repeal of all parts of the special charter inconsistent therewith and an amendment thereof. 260 SCHOOL LAWS OF WISCONSIN, XXYIL— APPEALS. Appeals to state superintendent. Section 497. Any person conceiving himself aggrieved by any decision made by any school district meeting or by any town board in forming or altering or in refusing to form or alter any school district, or by any other thing done by any officer or board under the pro- visions of this chapter, may appeal to the state superintendent. Such appeals 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 497a. (Chap. 184, Laws of 1901.) No review of the decisions of the state superintendent on matters decided by him shall be had unless proceedings of certiorari or other ap- propriate action be brought within thirty days after such deter- mination 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 application of the statutes to the management of the affairs of school districts. It should ho home 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 for which the section provides. It often happens, APPEALS. 261 however, that the best interests of schools are sacrificed to local feel- ing or to personal interests. Persons aggrieved by such action may appeal to the state superintendent, but in doing so the following rules must be observed: RULES EESPECTING APPEALS. 1. An appeal must be in writing, addressed to the state superintend- ent, and signed by the appellant, but no particular form of statement is necessary. 2. The appeal should be as brief as is consistent with a complete statement of the case. It should set forth the action or proceedings appealed from, and the reasons why such action should be set aside. If the appeal is founded upon the refusal of the supervisors to act, the reasons why the action asked for should have been taken by such su- pervisors, must be clearly shown, if the appeal relates to the forma- tion or alteration of a district, a map or plat of the district or dis- tricts affected by the order from which the appgal is taken, showing the boundaries, location of the schoolhouses and the situation of the marshes, rivers and bridges of the territory in question should be presented with and made a part of the appeal. A statement showing the assessed valuation of the district or districts, or of the several parts of a district divided, and the number of children over four and under twenty years of age residing in each, should accompany the map, and form a part of the papers in the case. When the papers are completed,^ they should be fastened together, numbered or lettered for reference, and an affidavit attached, setting forth that the statements therein made are true, and that the map, list of children, and valuation of property are correct. The affidavit may be in form as follows: A. B., being duly sworn, deposes and says that the statements made in the above appeal, ail and several, are true, according to the best of his knowledge and belief, and further that the accompanying map, list of children, and valuation of property are correct.* (Signed) ;^ Appellant. Sworn to and subscribed to before me this day of , 190 — . C. D., Justice of the Peace (or Notary Public). 3. A complete and correct copy of the appeal and affidavit, and all accompanying papers should be made, to which another affidavit should be attached, stating that they are correct copies of the papers in the case. The form of the affidavit may be as follows: A. B., being duly sworn, deposes and says that the above is a full and correct copy of an appeal, and all accompanying papers, designed to be sent to the state superintendent. (Signed) Subscribed and sworn to before me this day of , 19 . C. D.,' Justice of the Peace (or Notary Public). This affidavit should be made upon the copy only— not upon the original appeal that is to be sent to the state superintendent The copy should then be served upon the party from whose action the ap- *In other matters than formation or alteration of districts, the lat- ter part of the affidavit after the word "belief," may .he omitted or any needed change may be made. 262 SiCHOOL LAWS OP WISCONSIN. man of the board is a suitable party upon wtiorQ to serve the copy; if from the proceedings of a district meeting, upon the clerk or chair- man of the meeting. It should not be served, however, upon an indi- vidual who did not sustain the action appealed from as in that case no answer is likely to be made. . The person serving the copy of appeal should carry with him the original appeal, so that the party from whose action the appeal is taken may, if willing, admit service of a true copy, by the following form indorsed upon the original appeal: I, E. F., do hereby admit service of the above (or within) appeal, peal is taken, either by handing it to him, or leaving it at his resi- dence. If the appeal from the action of the supervisors, the chair- ( Signed) . In case no such admission of service be made, the appellant will ap- pend to his appeal an affidavit of the following form: A. B. being duly swcrn, deposes and says that upon the day of , 190 — , he did serve a true and verified copy of this appeal, and all accompanying papers, upon E. F., by handing the same to said E. F. (or by leaving it at his residence as the case may be). (Signed) . Sworn to and subscribed before me this day of 19 — . C. D., Justice of the Peace (or Notary Public). When several persons unite in making an appeal, the affidavits may be so changed as to admit the names of all the appellants, and each should sign the appeal and subscribe to each and every affidavit. When the action appealed from is the action of several persons, it is sufficient to serve a copy of the appeal upon any one of the number, but it should always be served upon one not agreeing with the appel- lants, thai an answer n?ay be made. When all the above directions are complied with, the original papers are ready to be forwarded to the state superintendent. 4. An appeal should be taken within thirty days from the perform- ance of the act appealed from, or within thirty days after the action complained of has come to the knowledge of the appellant. THE ANSWEE. 1. The appellee has fifteen days in which to prepare his answer, and all the directions above given in reference to the preparation and service of a copy of the appeal papers, should be complied with in pre- paring and serving the answer upon the appellant, before it is for- warded to the state superintendent. The forms of affidavit given above will answer in all cases for forms to be used by the appellee, by changing the words so that the affidavit shall refer to an "answer to an appeal," instead of to an appeal, and by signing it as appellee in- stead of appellant. 2. The answer to an appeal may be served upon any one of a num- ber of appellants. When the town board of supervisors is a party, and papers have been served upon the chairman, if he is in favor of the party appealing, one of the other supervisors should make answer. 3. In case of neglect of the proper appellees to answer an appeal, any person having an interest in the matter may make answer to it, being governed in all cases by the same rules as would govern appellee. APPEALS. 263 KEPLICATION OK EEJOINDEE. A replication or rejoinder will be allowed, upon proof that new facts have ccme to the knowledge of the party wishing the rejoinder since the appeal or answer was submitted to the state superintendent, or that there are material errors in the statement of the other party. GENEEAL EEMAEKS. If the appellant or appellee presents statements of other parties, these statements should be verified by the affidavit of the person mak- ing the same. All decisions on appeal must be filed or recorded as the state super- intendent shall direct. No decision can be rendered on ex parte statements. No papers will be considered that are not properly verified, and properly served on opposing parties. The pi'opriety of leaving out of appeals all matters of a purely per- sonal character, except as they may have a direct bearing upon the subject, is obvious. As appeals are usually decided upon written and not upon oral evi- dence, it is not necessary or proper for either party to appear in per- son, expecting to be heard in the case, without the presence of the other party. Particular care should be taken to follow the directions in regard to afiidavits, serving copy, etc., so that it may not be necessary to send papers back for correction. Not only must every paper presented in a case, by either party, be verified by affidavit, and a copy be served on the other side, but iu making the copy, care must be taken to copy every afiidavit as well as the statement which it verifies. If this is not done, the party upon whom such copy is served has no evidence that the original was sworn to. If the appeal is not taken or the answer or rejoinder made within the prescribed time, the reasons for the delay must be given. APPEALS BY TEACHEES. Any person refused a certificate by the county superintendent of schools may make appeal to the state superintendent, according to sec- tion 452, using the ioJlcwing form: To A. B., County Superintendent of Schools for County: Sir: You are hereby notified that I intend to appeal from your re- fusal to grant me a certificate, and I hereby ask you for your reasons for such a refusal, that I may present the same to the state superin- tendent, with my appeal. Respectfully yours, . The refusal is ordinarily for alleged want of learning. In this case the appellant will ..rsually appear before the state superintendent for re-examination. He should not come, however, without previous no- tice; but after notice to the county superintendent, as above, and on obtaining the statement of reas"Ons for refusal, he should forward the same to the state superintendent, notifying him of his desire for a re- ex'amination, that a time may be fixed which may be convenient to both parties. If the appellant snd county superintendent mutually agree that the 264 SCHOOL LAWS OF WISCONSIN. appeal shall be decided on the papers on which a certificate was re- fused, a re-examinalion may not be necessary. If the refusal i? tor alleged want of ability to teach, or for alleged immorality, the appeal will be decided on the evidence submitted in writing by the parties. The papers should be made out and verified., and copies served, as provided under the Rules for Appeals. In case a teacaer'^5 certificate is annulled. he also has a right of ap- peal. For this purpose the following form may be used: To A. B., County ^;uperintendent of Schools for County: Sir: You are heieby notified that I intend to appeal from your ac- tion in annulling mj, certificate, and I hereby ask for your reasons for such action, that I may present the same to the state superintend- ent, with my appeal. Respectfully yours, ■■ . The directions given above, in regard to an appeal from a refusal to grant a certificate are to be followed, as far as applicable, in an ap- peal from the action of a superintendent in annulling a certificate.. MISCELLANEOUS LAWS— PENALTIES. 265 XXYIIL— MISCELLANEOUS LAWS PENALTIES. Clerk's liability. Section 498. Every district clerk who shall wilfully neglect to make the annual report for his district fcs required by law shall be liable to pay the whole amount of money lost by such district in consequence of his neglect, which shall be recovered in an action in the name of and for the use of the district. Town clerk and superintendent's liability. Section 499. Every town clerk who shall neglect or refuse to make and de- liver to the county superintendent his annual report as required in this chapter within the time limited therefor shall be lia- ble on his official bond to pay the town the amount which such town or any school district therein shall lose by such neglect or refusal, with interest thereon; and every county superin- tendent who shall neglect or refuse to make the report required of him by this chapter to the state superintendent shall be lia- ble to pay to each town the amount which such town or any school district therein shall lose by such neglect or refusal, with interest thereon, to be recovered in either case in an action pros- ecuted by the town treasurer in the name of the town. AU money collected or received by any town treasurer under the provisions of this section shall be apportioned and distributed to the school districts entitled thereto in the same manner that the money lost by any such neglect or refusal would have been apportioned and distributed. Neglect of duty. Section 500. Every taxable inhabitant receiving the notice mentioned in sections 413 and 415, and every chairman of the first district meeting in any district who shall wilfully neglect or refuse to perform the duties enjoined upon him by this chapter, shall respectively forfeit the sum of fiye dollars. Eyery persoji duly elected to the office of director. 2^6 "BCHOOL LAWS OF WISCONSIN. treasurer or clerk of any school district who shall neglect or refuse without sufficient cause to accept such office and serve therein, or who, having entered upon the duties of his office, shall neglect or refuse to perform any duty required of him by the provisions of this chapter, shall forfeit the sum of ten dol- lars; and every school district officer who shall neglect or re- fuse to deliver to his successor in office all records, books and papers appertaining to such office shall forfeit not exceeding fifty dollars. Who not to deal in school books, etc. Section 501. Neither the state superintendent, his assistant, nor any person in his office, nor any county superintendent, nor school district officer, nor any officer or teacher connected with any public school shall act as agent or solicitor for the sale of any school books, maps, charts, school library books, school furniture, ap- paratus or stationery, or furnish any assistance to or receive any reward therefor from any author, publisher, bookseller or dealer doing the same. Every person violating this section shall for- feit not less than fifty nor more than two hundred dollars for each offense and be liable to removal from office therefor. Drawing unauthorized order. Section 502. Every dis- trict clerk who shall draw an order upon the treasurer for any purpose not authorized by law, and every director who shall countersign such order, shall forfeit for each such order not less than twenty nor more than one hundred dollars. Refusal to enforce decision. Section 504. In case the town board or any other officer shall neglect or refuse to carry into effect any decision of the state superintendent made upon an appeal from their or his action or refusal to act, each sup- ervisor or other officer refusing or neglecting shall forfeit the sum of fifty dollars; and every town clerk who shall so neglect or refuse shall also be liable to removal by the town board upon proper notice thereof. Recovery of forfeitures. Section 505. All actions for the recovery of any forfeiture incurred under the provisions of this chapter shall be prosecuted by the director of the school dis- trict interested, except when such director has incurred a for- feiture, in which case such action shall be prosecuted by the treasurer of such district; and in case either shall refuse or neglect to prosecute he shall forfeit twenty dollars. All for- MISCELLANK,OUS LAWS— PENALTIES. 267 feitures recovered shall be first applied to the necessary expenses of snch prosecutions, and one-lialf of tlie remainder shall be paid into the district treasury for the use of the district and the other half to the county treasurer for the benefit of the school fund. By voter. Section 506. Whenever any person or officer designated in this chapter to prosecute an action for a forfeiture or for a neglect of duty shall fail to prosecute such action for the space of ten days after being requested in writing by a vote of the proper district so to do, any voter may prosecute such action for the recovery of such forfeiture or for any neglect of duty in the manner herein prescribed. Removal of officers. Section 507. Any school district of- ficer may be removed from office by the county judge for wilful neglect of any duty upon the written application of the major- ity of the legal voters of his district or of any person aggrieved by such neglect, containing a full statement of all the charges preferred against him. A copy thereof, with a notice of the time and place when and where a hearing upon the same will be had, shall be served upon such officer at least ten days before such hearing. Such officer shall have full opportunity to be heard in his defense ; and the judge, upon satisfactory proof of such neglect of duty, may by order remove such officer from his office, and in case of removal shall forthwith file such order in the office of the town clerk and cause 9, copy thereof to be served upon each of the other officers of the district. The per- son so removed from office shall not be appointed to fill the va- cancy occasioned by such removal ; and for all services per- formed by the county judge under the provisions of this sec- tion he shall receive three dollars for each day actually em- ployed, to be paid by the county. Removal of county superintendent. Section 975. The judge of the circuit court may, in term time or vacation, by an order specifying the cause thereof, a copy of which he shall cer- tify to the county clerk, remove any county superintendent of schools in his circuit for incompetency, wilful neglect of duty or for acting as agent for or receiving any fee or reward from any author, publisher, bookseller or dealer in school books, maps or charts or school library books or school furniture or appa- ratus. Such removal shall be made only upon a petition set- ting forth fully the charges preferred against him, and after 268 SCHOOL LAWS OF WISCONSIN. a copy thereof, with a notice attached, stating the time and place when and where such petition will be presented to such judge, shall have been personally served upon such superintend- ent at least thirty days before the hearing, and an opportunity given him to be heard. The testimony shall be taken and the proceedings conducted summarily under such reasonable regu- lations as the judge shall prescribe. Doors, what to open outwardly; fire escapes. Section 4390, (Chapter 328, laws of 1909 amending Section 4390, stat- utes of 1898 as amended by chap. 380, laws of 1901). Every building now or hereafter used, in whole or in part, as a public building, public or private institution, hotel, inn, school houst, church, public hall, place of assemblage or place of public re- sort, factory or workshop, opera house or office building, must be provided with * * * exits having doors that open or swing outward, whether such doors are outer doors or open upon vestibules or stairways and when storm doors are used, at the entrance of any such building, either inside or outside, said storm doors, shall have a glass therein, not less than fifteen inches square * * *. Any owner, tenant, corporation, per- son or persons in charge of any of the above named buildings who shall fail to comply with this section ^ *' * or any architect who shall prepare plans for any building which is re- quired by * * * this section to be provided with such doors * * * without providing in such plans for the same shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail not longer than ninety days. The provisions of this act shall not apply to rural school buildings of but one story in height. Chapter 349, Laws of 1901, provides that every school house, hotel, tenement house, public building, etc., etc., more than two stories high shall be provided with one or more iron fire escapes with iron plat- forms, etc. Severe penalties are provided for by chapter 349 for failure to comply therewith and the enforcement of the law comes within the jurisdiction of the commissioner of labor, the factory inspectors, or of chiefs or marshals of the fire departments of cities and villages. It is hot compulsory that the doors of one story school buildings shall open outward. Injury to public buildings, to timber on state or county lands ; removing stone or mineral from lands, etc. Section 4442. Any person who shall cut down, injure or destroy any tree or timber, growing or standing upon land belonging or mortgaged to or held in trust by the state, or who shall take and carry away any timber or wood so cut or severed, or previously MISCELLANEOUS LAWS— PENALTIES. 269 cut or severed, and remaining upon such land, or wlio shall take or carry away, any mineral, earth or stone from such land, or who shall wilfully, maliciously or wantonly cut down, injure or destroy any tree or timber growing or standing upon and be- longing or mortgaged to or held in trust by any county in the state, or take and carry away any timber or wood so cut or severed, or previously cut or severed and remaining upon such land, or who shall so dig or carry away any mineral, earth or stone from such land, or mutilate, deface, injure or destroy any building or other structure belonging to the state or to any county, town, city, village, school district, or school board, board of trustees, corporation, company or association and used for religious, educational, penal, correctional, charitable or other public purposes, or any building or personal property whatever of any person or co-partnership, or who shall enter, without right, any agricultural or industrial fair grounds, in- closed by a fence not less than six feet high and injure or de- story any property therein, shall be punished by imprisonment in the county jail not more than six months or by fine not ex- ceeding one hundred dollars. Official malfeasance, what is. Section 4549. Any officer, agent or clerk of the state, or of any county, town, school dis- trict, school board, city or village therein, or in the employ- ment thereof, or any officer, regent, treasurer, secretary, super- intendent, clerk or agent, of any penal, correctional, educa- tional or charitable institution, instituted by or in pursuance of law, within this state, or any member of any body or board having charge or supervision of such institution who shall have, reserve or acquire any pecuniary interest, directly or indirectly, present or prospective, absolute or conditional, in any way or manner, in any purchase or sale of any personal or real prop- erty or thing in action, or in any contract, proposal or bid in relation to the same, or in relation to any public service, or in any tax sale, tax title, bill of sale, deed, mortgage, certifi- cate, account, order, warrant* or receipt made by, to or with him in his official, capacity or employment, or in any public or official service, or who shall make any contract or pledge, or contract any indebtedness or liability, or do any other act in his official capacity, or in any public or official service not authorized or required by law, or who shall make any false statement, certificate, report, return or entry in any book of accounts or of records in respect to anything done or required to be done by him officially, or in any public or official serv- 270 SCHOOL LAWS OF WISCONSIN. ice, shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding five hundred dol- lars. Discounting claims; neglect of duty. Section 4550. Any person mentioned in the next preceding section, who shall pay, redeem, discount or purchase, any debt, claim or demand in favor of any other person, against the state, or any county, town, school district, school board, city or village therein, or against any fund thereof below the true and full amount there- of, or who shall pay any such debt, claim or demand for any purpose out of any fund not provided for such purpose, of who shall wilfully violate any provision of law, authorizing or re- quiring anything to be done, or prohibiting anything from being done by him in his official capacity or employment, or who shall refuse or wilfully neglect to perform any duty in his office required by law, or shall be guilty of any wilful extor- tion, wrong or oppression therein shall be punished by imprison- ment in the county jail not more than one year or by fine not exceeding five hundred dollars. Refusal to deliver money, etc., to successor. Section 4553. Any public officer whatever, in this state, who shall, at the expiration of his term of office, refuse or wilfully neglect to deliver, on demand, to his successor in office, after such suc- cessor shall have been duly qualified and be entitled to said office according to law, all moneys, records, books, papers or other property belonging to said office, and in his hands or un- der his control by virtue thereof, shall be punished by impris- onment in the county jail not more than six months or by fine not exceeding one hundred dollars. Disturbing schools. Section 4572. Any person who shall wilfully, maliciously or wantonly interrupt of in any way mo- lest or disturb any private or public school while in session shall be punished by imprisonment in the county jail not more than thirty days or by a fine not exceeding fifty dollars. Obscene books, literature, papers and pictures. Section 4590 (as amended by Chap. 256, Laws of 1901, amending Chap. 128, laws of 1899). Any person who shall, in a public place^ or on any fence or wall, or other surface, contignous to the public street or highway, or on the floor or ceiling, or on the inner or outer wall, closet, room, passage, hall, or any part of any hotel, inn, or tavern, court house, church, school, station house, depot MISCELLANEOUS LAWS— PENALTIES. 271 for freight or passengers, capitol or other buildings devoted or open to other or like public uses, or on the walls of any outbuila- ings, or other structure pertaining thereto, make or cause to be made any obscene drawing or picture or obscene or indecent writing, or print, liable to be seen by others passing, or coming near the same, such person so offending, shall, in every such case, be guilty of a misdemeanor, and, on conviction thereof, shall be punished by imprisonment in the county jail not to ex- ceed one year, or by fine not exceeding five hundred dollars. Any person or persons who shall put up, in any public place, ajiy indecent, lewd or obscene picture or character, representing the human form in a nude or semi-nude condition, or shall ad- vertise by cir'culars or posters any indecent, lewd or immoral show, play or representation, shall be deemed guilty of a misde- meanor, and, on conviction thereof, shall be fined not less than twenty-five dollars, nor more than three hundred dollars; pro- vided, that nothing in this act shall be construed as to interfere with purely scientific works, written on the subject of sexual physiology or works of art. Any person who shall sell, lend, give away, or show, or shall have in his possession with intent to sell, give away, or show or shall advertise or othermse offer for loan, gift or distribu- tion, any book, pamphlet, magazine, newspaper, or other printed paper devoted principally to the publication of criminal news, police reports, or accounts of criminal deeds, or pictures and stories of deeds of bloodshed, lust or crime, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine of not less than fifty nor more than five hundred dollars. School ofRcers should take especial care to uiform pupils of the force and effect of this law. Much serious difficulty and expensive litigation may be easily avoided by so doing. For reference to other laws and sections imposing penalties, see index under head of "Fines and Forfeitures." Temporary lockups not to be built within 300 feet of a public, private or parochial school. (Chapter 372, Laws of 1907, creating section 566m.) Section 566m. Hereafter no lock-up or temporary place of confinement for insane persons or persons arrested for breach of ordinance or statute shall be erected in any village, or city of the third or fourth class within three hundred feet of any public, private or parochial 372 SCHOOL LAWS OF WISCONSIN. school building, or building used regularly or principally for school purposes. The purpose of this act is to prevent the demoralizing effects upon school children, of excitement caused by scenes attending the arrest and jailing of lawbreakers. Use of tobacco prohibited — Persons under 16 years. (Chapter 463, Laws of 1907, creating two new sections.) Sec- tion 4608v. Every person under the age of sixteen years who shall smoke or use cigarettes, cigars or tobacco on any pub- lic road, street, alley or park or other lands used for public purposes or in any public place of business or amusement, ex- cept when in the company of a parent or guardian, shall be punished by a fine of not more than ten dollars or by im- prisonment for not exceeding thirty days. Section 4608w. Any person who shall permit any person under the age of sixteen years who shall not be in the com- pany of a parent or guardian to use cigarettes, cigars or to- bacco in any form in or upon premises occupied by him, shall be punished for the first offense by a fine of not more than ten dollars and for any subsequent offense by a fine of not more than twenty-five dollars or by imprisonment for not ex- ceeding thirty days. This statute, while it has no direct reference to schools and educa- tional matters, relates so particularly to the conduct of boys, includ- ing in age as it does very nearly all who attend the grades and the high schools in the cities and practically all who attend the rural schools, appears to warrant a more general distribution than is likely to be secured through the ordinary channels. For this rea- son it is printed in this pamphlet at this time with the hope that the attention of school officers, teachers and parents may be called to the matter and they may thereby be relieved from danger of liability to any of the penalties provided. I MISCELLANEOUS LAW^S. Journal of education. Section 508. Each school district clerk and each town clerk or secretary of a town board of di- rectors may subscribe annually for one copy of the Wisconsin Journal of Education, to be paid for by the district or town, re- spectively, out of the school money. The subscription price of the Journal of Education is $1.25 a year, if paid in advance. Subscriptions, with remittances, should be ad- dressed to "Wisconsin Journal of Education, Madison, Wis." Dictionaries. Section 509. The state superintendent may furnish to any school district, or to any school or distinct de- partment thereof, one copy of Webster's International diction- ary on the receipt of an affidavit of the proper officer that such ■ MISCELLANEOUS LAWS. , 273 school or department for wliicli application is made has not yet been supplied, or that the dictionary furnished thereto has been lost or is unfit for use, and on payment in advance of the cost price to said superintendent for any so to be re- placed; and the state superintendent may sell, at the cost price, to any of the charitable, educational, reformatory or penal in- stitutions of the state, on written requisition being made by the superintendent of the institution, as many copies of such dictionary, not exceeding the number of school or educational departments in the respective institutions, as may be necessary; he may also furnish each county superintendent, each teacher employed in the normal schools or university, each state officer and member of the legislature and their employees with one copy thereof at the cost price of the same to the state. The superintendent may purchase from time to time, at a cost not exceeding seven dollars per copy delivered at his office, a suffi- cient number of copies of such dictionary to furnish such schools, the expense thereof to be paid out of the state treasury. Every school district or department not already once supplied with a Dictionary free is entitled to one. If the district has a graded school it is entitled to one copy for each distinct department. Applications for dictionaries must be made by district clerks, city superintendents of schools, or by the secretary of the town board of directors. "Web- ster's International Dictionary is now furnished by the State at a cost of $7.00. The indexed edition only will be furnished hereafter for first supply or for re-supply. "When the application is for re-supply, the cost of the volume must accompany the application. Those who apply should be careful to. give the express office to which the volume must be sent. Printed forms of application for first supply, additional supply, or re-supply for common district schools, or graded schools, will be mailed by the State Superintendent to school officers upon re- quest. "When writing for application blanks, state the kind wanted. There is but one kind furnished in all cases where the application is for first supply, and where the application is for first supply, the writer should state whether or not the school is a school of but one de- partment, or a graded school, and whether or not such school is under the township system of school government, in order that the proper blanks may be sent. A suitable place to keep the dictionary should be provided by the board. Children should not be allowed to play with the dictionary. Part of library. Section 510. All such dictionaries hereto- fore or hereafter received by the several districts shall belong to the district library, but during the time a school is taught they shall be and' remain in the school rooms during the hours of school, for the exclusive use of the scholars and teachers, and under the control of the teachers or principals, who shall be responsible to the districts for their loss or for any unnecessary damage they may receive. 18— S. L. 374 SCHOOL LAWS OF WISCONSIN. Payment of money. Section 511. The state superinten- dent shall pay to the state treasurer all money received on ac- count of dictionaries sold as aforesaid^ and render an account of all dictionaries sold in his report to the governor. Residents, who are; county's liability. Section 512. Every person of lawful school age maintained as a public charge shall, for school purposes, be deemed a resident of the district in which he lives; for every person so maintained by the county the county board shall for each year allow to the district in which such person may attend school an amount for each per- son so attending equal to the amount expended in that year for each pupil in such district for school purposes; and in case such person be maintained by any town, such town board shall allow a like amount to such district. Such account shall be reckoned by the district officers without reference to the num- ber of pauper children attending such school. Women may be officers. Section 513. Every woman of twenty-one years of age and upwards may be elected or ap- pointed as director, treasurer or clerk of a school district, di- rector or secretary of a town board under the township system ; member of a board of education in cities, or county superin- tendent or town inspector of common schools. The last six words were added by the bill submitted by the commis- sioner appointed to revise the school code; the provision therein for inspectors of common schools was not enacted. The clause referred to was overlooked by the committee on revision or it would probably have been stricken out. There is no such ofBce as "town inspector of common schools." Arbor and labor day. Section 1375. The governor, by proclamation, may set apart one day each year to be designated as arbor and bird day, and may request its observance by ail schools, colleges and other institutions by the planting of trees, the adornment of school and public grounds, and by suitable ex- ercises having for their object the advancement of the study of arboriculture, the promotion of a spirit of protecton to birds and trees, and the cultivation of an appreciative sentiment con- cerning them. He may also set apart, in said manner, one day in each year to be observed as labor day. Physical education. Section 553a. Physical education may form a part of the regular school curriculum in all normal, high and city schools entirely or partly maintained by the state. MISCELLANEOUS LAWS. 27b In all normal scliools and normal departments of high schools the instruction of the pupils may be such as to enable them to become competent teachers of physical education in common or graded public schools. Investment of school funds. Section 5536. The board of education or school board of any city having the care or custody of school funds or management of the finances of the public schools therein may, by a vote of a majority of all of its mem- bers elect, in lieu of designating banking depositories or any other disposition provided for the care or keeping of such funds, invest the same or such portion thereof as it may deem ex- pedient in the registered bonds of the United States at their market value. Whenever such board shall decide to make any such investment the treasurer of such board shall be directed to purchase such bonds with such funds and register and keep the same under such regulations as such board may prescribe. Whenever such bonds have been purchased such board may direct its treasurer to sell the same or any part thereof for cash at their market value, from time to time for current expenses, as said board shall deem expedient. Commercial schools. (Chapter 124, Laws of 1905.) Sec- tion 1. The state superintendent of public instruction is au- thorized to fix and prescribe a course of study for commercial schools or colleges. To all schools accepting and adopting sucb standard and requirement for admission and graduation there- from, he shall grant a certificate of such fact and shall include in his biennial report a list of the schools so complying. Fire and tornado insurance companies. (Chapter 373, Laws of 1905.) Section 1. All boards of education and school districts in the state are hereby empowered to enter into, and organize mutual fire insurance companies for the insurance of public school buildings and their contents, against fire, lightning and tornado, in accordance with the provisions of this chapter. The terms school district, and district, as used in this act shall include all towns which have adopted or shall adopt the town- ship system of school government and all cities acting under general or special charters, and the term board shall include all boards of education, school district boards, boards of school directors, and other bodies having committed to them by law or by general or special charter, the management and control of public school buildings. 276 . SCHOOL LAWS OF WISCONSIN. Section 2. Any number of such boards and districts, not less than twenty-five, may form themselves into a corporation for the purposes aforesaid, by complying with the following con- ditions, namely: The representatives of such boards and dis- tricts, being first duly authorized to do so by the boards and dis- tricts represented, shalJ. sign articles of organization which shall be substantially in the following form. The boards of educa- tion and school districts named below, by their duly authorized representatives, do hereby associate for the purpose of forming a mutual fire and tornado insurance corporation for the pur- pose of insuring public school buildings and their contents against loss and damage by fire, lightning and tornado, under the provisions of chapter 373 of the laws of 1905. The name of such corporation shall be The elective officers of the corporation shall be a president and a board of directors of four members, to be elected at the first meeting of the signers of the articles of association from their number; two of said directors shall hold their office until the first annual meeting, and two of the directors shall hold their office until the second annual meeting. The president shall hold his office until the first annual meeting of the corpora- tion, and shall thereafter be elected annually, and he shall be ex- officio president of the board of directors, and a member thereof. At each annual meeting two directors "shall be elected for two years in the place of those whose terms shall expire at the time of such meeting. The board of directors shall fix the time and place for holding^ the annual meeting, and shall elect the sec- retary and treasurer, and such other officers as shall be provided for in the by-laws of the corporation. In witness whereof we have hereunto affixed our names by our duly authorized representatives, and have caused them to authenticate the same by their signatures respectively. (Here insert names of boards and districts followed in each case by the signature of the selected representative.) Section 3. Whenever such articles have been subscribed as required above, they shall be filed with the commissioner of in- surance, with proof that not less than twenty-five applications for policies of insurance aggregating not less than two hundred fifty thousand dollars have been received, and if such articles shall be found to be in proper form, the commissioner shall is- sue a certificate to the effect that the association is organized and is authorized to do business. The first meeting of the signers must be held within sixty days after such certificate is issued, and may be held at any convenient place on a call signed MISCELLANEOUS LAWS. 277 by not less than ten of such signers, on not less than ten days' notice by mail to the remaining signers. Section 4. The general management of the business of cor- porations so organized shall be vested in the board of directors which shall be chosen as provided in the articles of association, and shall have the powers therein enumerated and such other powers as shall be necessary to carry into effect the provisions of this act, and as shall be enumerated in the by-laws, and the said board shall keep a record of all its proceedings in a book kept for that purpose. Section 5. Such corporation before it shall issue any pol- icies, shall prepare and adopt by-laws and file the same with the commissioner of insurance as hereinafter provided, which shall prescribe the duties of its officers, the manner, time and place of electing them, the place and manner of transacting busi- ness, the time and manner of giving notice of loss and of adjust- ing and paying losses, and such other rules and regulations as may be deemed essential or convenient for the management of its affairs. Such by-laws may be adopted at the first meeting of the corporation or at an adjourned meeting, or may, if such meeting shall so determine, be framed and adopted by the board of directors, and such by-laws shall not be annulled, changed, suspended or repealed except in the manner therein set forth, and a copy thereof and of all amendments thereto and changes therein shall be filed by the secretary forthwith after its adop- tion with the commissioner of insurance. Section 6. Such corporation may issue policies, signed by its president and secretary, agreeing to pay to the board of edu- cation or school district insured, any loss which may be sus- tained by it by fire, lightning and tornado for a period of not . more than five years, not exceeding on any single risk two per cent of the amount of insurance in force or contracted for. Such policies shall contain such conditions as the by-laws shall prescribe, but such corporation shall not make or execute any policy until a blank form for the same shall have been sub- mitted to and approved by the commissioner of insurance; pro- vided that no such company shall be required to use the Wis- consin standard policy. The board of directors may classify property to be insured, according to the risk involved. Section 7. Each board of education and school district _to which any policy shall be issued, shall be a member of the cor- poration, and shall be entitled to one vote at all meetings of the corporation, for each one-thousand dollars or major fraction thereof of insurance held by it, and shall be represented at all 278 SCHOOL LAWS OF WISCONSIN.. meetings of the corporation by a member of its board selected by it for that purpose. In case no such representatives shall be selected, then the clerk or secretary of such board of education or the clerk of the school district, shall act as such representa- tive, if he shall be a member of such board, and if such clerk or secretaiy shall not be a member of the board then the presi- dent of such board shall act as such representative. Such boards shall have the right to change their representatives at will, and in case of such a change shall notify the secretary of the corpor- ation, specifying the person, if any chosen. Any representative of any board or district to which a policy of insurance has been issued, or which has agreed to accept any such policy, shall be eligible to the office of president or director, but on ceasing to be such representative, shall cease to be eligible and shall be deemed to have vacated such office, but shall nevertheless con- tinue to act for ten days, or until his successor in such office shall be selected as provided in the by-laws. Section 8. Each board of education or school district to which any policy shall be issued, shall, at the time of making and issuing any such policy, give its undertaking in such form as the by-laws shall prescribe to pay its pro rata share of all losses or damages which shall be sustained by the said corpora- tion under any policy of insurance issued by it, and its neces- sary business expenses, together with all legal costs and charges which shall be incurred in case legal proceedings are com- menced against it on account of any such loss, at the time and in the manner provided in the by-laws. Each such undertak- ing shall be filed with the secretary of the corporation at the time the policy shall be issued and shall remain on file in his office. Each member at the time such insurance is effected shall pay such a percentage of the amount insured as the by- laws shall provide for the class of risk insured, and such a rea- sonable fee for the policy and survey of the premises and prop- erty insured as the by-laws shall determine . Section 9. Whenever the amount of any loss so ascer- tained and adjusted shall exceed the amount of cash in the treas- ury of the corporation, and its probable receipts for the three succeeding months, the president shall convene the board of directors and they shall make an assessment pro rata on the members of the corporation, according to the amount of in- surance held by them respectively and the rate at which the same shall be issued, which assessment shall be sufficient to pay the amount of such loss and of the expenses in connection therewith, and such a sum in addition thereto as the directors MISCELLANEOUS LAWS. - 279 shall determine, but no such assessment shall exceed three per cent of the policies in force, and not more than five per cent of such policies shall be levied in assessments during any one year. The assessments thus levied shall be payable not less than ninety days nor more than six months after the same are levied, as the by-laws shall determine. Notice of the assessment shall be given in the manner provided in the by-laws, and the notices so given shall state the amount of the loss and the probable amount to be derived from such assessment, and such other mat- ters as the by-laws shall provide or the directors shall de- termine. If any member shall fail to pay its assessments in the manner provided in the by-laws, it shall be liable to the corpora- tion on its undertaking, for the amount of the assessment duly levied, and for interest thereon after due at the rate of one per cent for each month or part of a month which the same shall re- main unpaid after due, which may be recovered in any court of competent jurisdiction, with costs as in other cases. Section 10. The corporation may require such bonds from its officers and agents as the by-laws shall provide, and may pay such reasonable commissions as the by-laws shall prescribe, or the board of directors shall determine, in case the by-laws are silent. Section 11. Va,cancies in any office shall be filled by the board of directors at their first meeting after the secretary shall be notified of or shall ascertain such vacancy. In filling va- cancies in the board of directors, a majority of the remaining directors shall have power to act. Section 12. At any meeting of the members of the corpora- tion the representatives of members holding ten per cent of the outstanding policies of the corporation shall constitute a quo- rum, but a less number may adjourn from time to time. The general office of the corporation shall be in the town, city or village in. which the secretary shall reside, unless the directors shall otherwise determine. Section 13. Any member may withdraw from such cor- poration at any time by giving notice in writing to the secretary of such corporation, and paying all assessments which shall have been duly levied, but it shall, notwithstanding such notice of withdrawal, be liable for its share of all losses -sustained by the corporation previous to such withdrawal, and all expenses in connection therewith, whether such losses were ascertained and adjusted prior to the giving of such notice of withdrawal or not, but no member shall be liable on account of any assessment to pay losses incurred before it became a member. 280 SCHOOL LAWS OF WISCONSIN. Section 14. The secretary of every such corporation shall annually prepare a statement of its condition on the 31st day ef December, preceding the annual meeting, which shall contain the number and amount of each policy outstanding and to whom issued, the aggregate of the insurance in force on each class of property insured, the amount of losses paid during the year and to whom, the total number and the amount of the losses paid since the organization of the corporation, the amount of losses sustained and unpaid, and such other matters as the by- laws shall require to be shown therein. The treasurer shall make a detailed statement of the moneys collected by him from the several assessments made, and from all other sources, and also state every item of disbursement, and shall show the condi- tion of the association on the date specified. The reports of both the secretary and the treasurer shall be presented to the an- nual meeting, and copies shall be filed with the commissioner of insurance not later than the 31st day of January after the date on which they are made. Section 15. All boards of education, school district boards, boards of school directors, and other bodies having the control and management of public school buildings, in addition to the powers already conferred on them by law, or by the general or special charter under which they are organized, are authorized and empowered to become members of any corporation created under this act. Non-resident children permitted by law to attend school in an adjoining district in certain cases. (Chap. 183, Laws 1909.) Section 435m. 1. In all cases where there are children of school age in a home located more than two miles from the school house in the home district and transportation is not pro- vided, the distance to be measured by the nearest traveled high- way and there is another school in an adjoining district located at a distance of one-half mile or more nearer to such home, the children of school age shall be privileged to attend the nearer school, provided that the facilities will permit and such attend- ance shall not cause the enrollment in the nearer school to ex- ceed sixty-five during any one term. 2. The board -of the district in which such family resides is duly authorized by this act and shall .pay to the treasurer of the district in which the nearer school is located as compensa- tion for the attendance of such children the amount of school money derived from the per capita apportionment made by the state superintendent from the school fund income and also the amount derived from the tax levy upon the town under the MISCELLANEOUS LAWS. 281 provisions of section 1074 of the statutes whicli would other- wise remain in the treasury of the home district, provided that the children between seven and fourteen years of age attending the school outside the home district shall comply with the re- quirements of the compulsory attendance lawj and all other children from like homes and attending under like conditions shall be in attendance for a period of not less than four months. 3. Failure to comply with these provisions regarding periods of attendance shall relieve the treasury of the district in which such children reside from liability for the tuition and shall place the obligation for tuition upon the parents or guardians of the children so attending. Powers of boards; application of chapter to cities and villages. Section 515. Every such board or other body afore- said shall have all the powers and be charged with all the duties imposed by these statutes on school district boards so far as the same are not provided for or limited by the special provisions of the act of incorporation or other act under which such board or body is constituted. Every city or village not having a sys- tem of school government specially provided by law therefor shall be governed by the provisions of this chapter. (Chapt. 27, W. S.) Railroad maps. Section 1795a. There shall be published biennially under the supervision of the railroad commissioner, twenty-five 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 the state superintend- ent among the schools; 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 school; admission of deformed and crippled children. (Chap. 109, Laws of 1901.) Section 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. 282 SCHOOL LAWS OF WISCONSIN. Reports of academies. Section 411. It shall be the duty of the president of the board of trustees of every organized academy, seminary and literary or collegiate institution hereto- fore incorporated or that shall be hereafter incorporated, to cause to be made out by the principal instructor or other proper officer, and forwared to the state superintendent on or before the tenth day of October in each even-numbered year, a report 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 othei? funds and endowment and the biennial income from all sources; the number of instructors and their respective 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 re- quested by said superintendent, or as shall be deemed proper by the president 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 condi- tion of such institutions. Universities and colleges — Powers of trustees. (Chap- ter 68, Laws of 1907.) Section 1784m. Any university or col- lege, whether organized under this chapter, or otherwise, may receive in connection with it any other university or college upon resolution of the board of trustees of the said institutions and such university or college so received shall become a branch of the university or college so receiving it and ghall be subject to such rules, regulations, agreements and liabilities as may be agreed by the respective trustees of said college. Any such university or college so receiving any other university or col- lege may grant such diplomas and confer such degrees as shall be appropriate to courses of instruction prescribed and pur- sued in such received^ university or college, and any such uni- versity or college so received may upon such terms as shall be agreed to by its stockholders and trustees sell or give an option of purchase of all its property, business and effects to such re- ceiving college or university. Inspection of cadets. Section 411a. The president or other principal officer of any incorporated college or school of this state which shall be under military discipline or maintain a regular military department, and have enrolled, uniformed and armed not less than one hundred cadets, may apply in writing MISCELLANEOUS LAWS. 283 to the governor to have the corps of cadets of such college or school inspected by the adjutant-general or other officer ap- pointed by the governor for that purpose. Such inspection shall be made during April, May or June 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 4116. The inspecting officer shall report to the governor: 1. The number of officers, non-commissioned officers and pri- vates paraded 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 the same. 6, If a cavalry company or battery of artillery be main- tained, what number of horses were exhibited and their condi- tion. 7., Whether such corps has complied with these provisions and the orders and regulations of the governor. 8. Such other matters as may be required. The inspecting officer shall receive no pay for services, but may be allowed ten cents per mile, to be paid by each of the schools so inspected. Suspension from inspection. Section 411c. If such in- specting officer shall report that such corps numbers less than one hundred enrolled, uniformed and armed, or that its condi- tion and military proficiency are not such as, in his judgment, to entitle it to the benefits of section 411d, the governor may notify the president or other principal officer of such coUege or school that it is suspended from the benefits hereby given, and in such case no application for an inspecton as herein provided shall be granted for a period of two years. Graduates; rank of. Section 4:lld. In all cases where a satisfactory report is made by such inspecting officer the stu- dents of such college or school, residents of this state, graduating during the year v/ithin which such report is made and receiving full diploma or certificate from such' college or school, shall be entitled to the honorary rank of second lieutenant in the un- organized militia of the state; provided, that nothing herein 234 . SCHOOL LAWS OF WISCONSIN. shall be construed to give such graduates any right to wear the uniform of the Wisconsin National Guard. School Building's — Plans and specifications for. (Chap- ter 425, Laws of 1907, creating section 524i.) Section 524i. 1. It shall be the duty of the state superintendent of public in- struction to procure architects' plans and specifications for not to exceed four room school buildings, and full detail work- ing plans therefor. Said plans and specifications shall be loaned to any district desiring to erect a new school building. 2. Where the plans and specifications prepared by the state superintendent are not used, in order that the health, sight an'S comfort of pupib may be properly protected, all school boards of districts in which new school houses of not to exceed four rooms are to be erected shall make suitable provision for the heating, lighting and ventilating, and hygienic conditions of such buildings, and all plans and specifications for any such proposed school building shall be submitted to and approved by the county superintendent of schools in whose jurisdiction the district is located, before the same shall be accepted by the school district board of the district in which it is proposed to erect such building. 3. Five hundred dollars is appropriated from the general fund, for the use of the state superintendent in procuring the plans and specifications provided in section one of this act. Free public lectures. Section 1. (Chapter 336, Laws of 1901, as amended by Chapter 125, Laws of 1905.) The board of school directors or the board of education of any city is here- by authorized and empowered to provide for the employment of competent persons to deliver evening lectures on the natural sciences, on historical, literary, or other educational subjects, in the public school buildings, in public library buildings, or in other suitable places of said city.- Section 2. The said board of education shall have power 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. Section 3. No admission fee shall be charged and at least one school building or public library building shall be desig- nated by said board of education for the purpose of carrying out the provisions of this act ; and said lectures shall be deliv- ered in such school or library building between the first day of October and the 31st day of March in each year, which lectures MISCELLANEOUS LAWS. 28b 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. Condemnation of school buidings. Section 524m — 1. (Chapter 550, laws of 1909.) The inspector of rural schools, the inspectors of state graded schools, and the inspector of high schools of the state, in addition to their other duties are hereby made inspectors of public school buildings. Said inspectors shall act under the direction of the state superintendent, and under- such regulations as may be established by him. Section 524m — 2. Whenever any county or district superintendent, city superintendent, member of a school board or board of education, or any voter of a school district, or a member of a board of health, shall make a complaint in writ- ing to the state superintendent that any building used for or in connection with any public school in his county, district, city, village, or town, as the case may be, is in an unsanitary condi- tion, or that the conditions are such as to endanger the life and health of the children attending school, or that the school-house is unfit for school purposes one of said inspectors designated by the state superintendent shall personally investigate and ex- amine the premises and buildings concerning which said com-' plaint is made. Section ^24m — 3. Upon such investigation and examina- tion, said inspector shall, if conditions warrant it, make an order directing the school board, the board of education, the town board of school directors, or other officer or officers hav- ing control of the school district or school corporation, to re- pair and improve such building or buildings as may be neces- sary, and to place said buildings in a safe and sanitary condi- tion; or if the said inspector shall deem the schoolhouse unfit for school purposes and not worth repairing he shall state said fact- and recite the reason therefor. Section 524m— 4. The said inspector shall file said order in the state superintendent's office, and cause true copies there- of to be delivered, by mail or otherwise, to the clerk of the dis- trict board, the secretary of the town board of school directors, the clerk of the board of education of the district or school corporation where such schoolhouse and premises are located, and shall deliver as provided herein copies of said order to the 286 SCHOOL LAWS OF WISCONSIN. proper county, district or city superintendent, and also the clerk of the town, city, or village in which the sehOolhouse is located. Section 524m — 5. The said order shall state the time in which it shall be complied with, and shall take effect from its date, and shall continue in force and full effect until reversed, The decision of the inspector may be appealed from to the state superintendent in the time and manner now provided for taking appeals to said superintendent, and the decision appealed from shall be stayed pending such appeal. Section 524m — 6. Whenever any school district, school cor- poration, school board, board of education, or town board of school directors shall refuse to comply with the order of said inspector within the time therein specified, such school district or school corporation shall forfeit absolutely its apportionment of the fund derived from the seven-tenths mill tax, provided for in section 1072a of the' statutes, and amendments thereto, and shall continue to so forfeit its regular apportionment of such fund until there is full compliance with the requirements of said order. Section 524m — 7. Nothing in this act shall be deemed to in- terfere with the operation of the provisions of subsection 3 of section 461 of the statutes, relating to the duties of county su- perintendents of schools, or with the provisions of section 1418b of the statutes, relating to the inspection and regulation of the sanitary conditions of schoolhouses by boards of health. Small-pox — Control of in school districts.^ (Chapter 113, Laws of 1907, creating three new sections.) Section 1413 1. To prevent the spread of small-pox the local board of health of any city, incorporated village or town when the disease is present in any school district or part thereof, which is included in such city, incorporated village or town, shall prohibit the attendance at school in any such district or part thereof for a period of twenty-five days, after the appearance of small-pox, of any and all pupils and teachers, who have not been success- fully vaccinated or who fail to show a certificate of recent vac- cination. Section 1413m. Should new cases of small-pox continue to develop in such school district or part thereof, after the ex- piration of twenty-five days, the local board of health shall, upon the advice and consent of the state board of health, re- new such order for another period of twenty-five days, or so many days thereof as the state board of health may deem neces- sary, in order to control the epidemic, MISCELLANEOUS LAWS. 287 Section 1413n. If the parents or ^ardian of any child or children are nnable to pay for such vaccination the expense thereof shall, npon the recommendation of the local board of health, be paid for by the city, village or town in which such expense is necessarily incurred. The local board may provide for the free vaccination of all children in any school district or part thereof during an epidemic of small-pox whenever in its judgment such action is required. The necessary expense thereof to be paid by the city, incorporated village or town upon the order of the local board of health. This is another chapter that, while it does not apply directly to the educational interests, will nevertheless be of large interest to the general public. For this reason it is given a place in this compilation, Text-books — County uniformity of. (Chapter 561, Laws of 1907, creating twenty-five new sections.) Section 553m — 1. Whenever at any annual 'county school board convention pro- vided for in chapter 105, laws of 1905, the question of adopt- ing county or district uniform school text books shall be voted upon, the vote shall be taken by school districts and each school district shall be entitled to one vote. If a majority of all the districts in the county or superintendent district is in favor of adopting county or district uniform school text books, it shall be the duty of said school board convention to immediately proceed to the election of a county board of ed- ucation for such county or superintendent district, which board shall be composed of five persons, except as hereinafter provided. And said school , board convention shall, at a regular annual meeting, every four years thereafter elect five persons who shall constitute said county board of education. School officers residing in school districts not affected by the provisions of this act shall not be entitled to vote on the ques- tion of uniformity of text books nor be entitled to participate in the election of the members of the county board of edu- cation. Section 553m — 2. Whenever it shall be impracticable in any county to elect said board because of a limited number of persons in such county, possessing the qualifications in this act provided, the county school board convention shall elect three persons who shall constitute said board of education. Section 553m— 3. The members of the county board of edu- cation so elected shall hold their offices for four years and until their successors are elected and qualified. 288 SCHOOL LAWS OF WISCONSIN. Section 553m — 4. The county school board convention shall fill all vacancies occurring in said board of education, ex- cepting vacancies occurring between the annual meetings of said school board convention which shall be temporarily filled by said county board of education. Section 553m — 5. 1. No person shall be appointed to said county board of education who is not a legally qualified teacher and has not had at least five years' experience in teaching or in the supervision of public schools. 2. Nor shall any person be appointed to serve upon said board who is a dealer in text books or is an agent of, or di- rectly or indirectly interested in, any person,, firm or cor- poration engaged in the publishing or furnishing of school text books, or who shall be directly or indirectly interested in any book or series of books as the author, associate author or in any manner whatsoever; and if any person shall become so interested during his term of office as m.ember of said board of education, his office shall, ipso facto, become vacant, and be filled as provided for other vacancies. 3. Any such person who shall violate any of the provisions of this section while holding the office of member of said county board of education shall be deemed guilty of a mis- demeanor and upon conviction thereof be fined not less than one hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail of said county not less than sixty days nor more than one year, or by both such fine and imprisonment. Section 553m — -6. Each member of said county board of education shall,, before entering upon the duties of his office, take and subscribe to the constitutional oath of office to faith- fully, impartially and honestly perform and discharge the duties of his office; and shall in addition thereto swear that he is not directly or indirectly interested in or related to any publishing house, person, firm or corporation, engaged in pub- lishing or furnishing school text books, or any of their agents, and that he is not interested directly or indirectly in any book or series of books as the author, associate author, or other- wise ; which oath shall be filed with the county clerk of each county. Section 553m — 7. The members of said board of educa- tion shall within ten days after their appointment meet at the MISCELLANEOUS LAWS. 289 county seat and organize by electing one of their number pres- ident, and one secretary, and a majority of the board shall constitute a quorum for the transaction of business, except that in the selection or adoption of text books it shall require a majority vote of all the members of the board to adopt or change any text book. Section 553m — 8. The president and secretary so elected shall act as president and secretary at the meetings of the said board, and said board shall adopt such rules and regula- tions as may be necessary to the transaction of its business, not contrary to the provisions of this act. Section 553m — 9. It shall be the duty of the president and secretary and they are hereby authorized, to sign all contracts on behalf of said board, and it shall be the duty of the sec- retary to keep a full and complete record of all proceedings of said board of education in a book kept for that purpose, which book shall be deemed a public record and be kept in the office of the county superintendent of schools. Section 553m — 10. Said county board of education shall hold an annual meeting at the county seat on the first Sat- urday in May, for the purpose of organization and the trans- acting of any business that may lawfully come before it, and they shall meet at such other times as may be deemed neces- sary by the majority of the board, and it shall be the duty of the president of said board to call a meeting at any time, upon the written request of three members or a majority of the board. Section 553m — 11. Every county board of education shall between the first day of January and the first day of July, next following the date of their appointment, and every fourth year after the first adoption of text books, meet at the county seat and select and adopt a uniform series of text books for their respective counties. Section 553m — 12. The books so selected shall be used in all school districts of the county except, in districts and cities maintaining a free high school and in state graded schools of the first class, and shall inchide all branches provided by law to be taught in the district schools of "Wisconsin; and none of said text books shall contain matter of a partisan or sectarian character. Section 553m — 13. Text books so selected and adopted by county boards of education for use in the schools of any county 19— S. L. 290 SCHOOL LAWS OF WISCONSIN. shall be introdueed the foUoAving September and used by each and every district in the county, coming within the provisions of this act, and shall remain in use until the same shall be displaced or replaced by said county board of education ; but no book selected, adopted and introduced into said schools shall in any manner be changed within five years from the da+e of adoption. Section 553m — 14. In school districts that are now fur- nishing free text books it shall be optional with the board of any such district as to whether or not a change of the text books now in use shall be made; but whenever a change is made in such text books or new text books shall be introduced, only such text books shall be selected as are prescribed and adopted under the provisions of this act. Section 553m — 15. Nothing in this act shall prevent state graded schools when they may deem- it advisable, by a unani- mous vote of the school board of any graded school from adopting in lieu of the uniform series of text books provided for by the county board of education, the uniform series of books regularly adopted for use in the grades of the nearest city school system. Seiotion 553m — 16. The text books selected and adopted by said board of education shall be selected after a careful ex- amination and consideration of all lists or sets of books, pre- sented, and shall be the best books in the opinion of the board, taking into consideration quality of material used, illustrations, "binding, price, and all other things that go to make up a desir- able text book; merit, however, shall be the main point to be considered in their selection. A majority vote of all the mem- bers of said board of education shall be required to adopt, change or re-adopt any and all text books. Section 553m— 17. Nothing contained in this act shall be so construed as to prevent school districts coming within the pro- visions of this act, or the county board of education, from select- ing, introducing and using additional and supplementary books at any time when they ^ deem it necessary in order to establish and maintan the highest standard of excellence in their schools. Section 553m — 18. Such supplementary books shall not be used to the exclusion of the books prescribed and adopted un- der the provisions of this act and full use shall be made in good faith of the books adopted under this act. MISCELLANEOUS LAWS. ' 291 Section 553m — 19. Eaeh and every county board of edu- cation shall at least thirty days before meeting to adopt text books send notice to text book publishers and advertise in a newspaper of general circulation of the county a notice to the effect that said board will on a day named therein, meet at the county seat and select and adopt a uniform series of text books for the use of all the public district schools of said county, except in districts and cities maintaining a free high school and state graded schools of the first class, and shall in- vite proposals for the furnishing of such books, giving a list of text books to be selected, the publishers to state an exchange price, wholesale price and retail price to pupils or school dis- tricts during the period of their use in said county and such further information as said board of education may require. Said notice shall also state the time when proposals and samples of books must be submitted to them, and such further facts as the said board may deem necessary. Section 553m — 20. 1. Any person, firm or corporation de- siring to furnish books under the provisions of this act in any county shall, at or before the time for filing his bid or propo- sition hereunder, deposit in the office of the county superin- tendent of schools samples of all text books included in his bid, together with lists giving the lowest exchange price, whole- sale price and retail price to pupils or school districts for the same. 2. Said samples and lists shall remain in the said superin- tendent's office, and shall be delivered by him to his successor in office, and shall be kept by him in such safe and convenient manner as to be open at all times to the inspection of such school officers, school patrons and school teachers "as may de- sire to examine the same and compare them with others for the purpose of use in the public schools. Section 553m — 21. Said board of education shall require any person or persons, firm or corporation with whom they contract for furnishing any books to give a good and sufficient bond, in such sum and with such conditions and sureties as may be necessary and reasonable, for the faithful performance of any such contract. Bonds of surety companies, duly author- ized under the laws of Wisconsin, shall be accepted. Section 553m — 22. 1. Said board of education shall ar- range for such depositories as it may deem necessary for the 292 SCHOOL LAWS OF WISCONSIN. purpose of furnishing to school boards or local dealers the books adopted and to be used, 2. Such depositories shall furnish a good and sufficient bond to protect publishers against any possible loss that may be sustained. ' Depositories shall receive books displaced by the uniform adoption and return same to publishers at agreed al- lowance. Depositories shall accept books on uniform list at reasonable price from people who are moving out of the county ; such books to be resold to pupils in the county at a slight ad- vance on* cost. Section 553m — 23. In all joint school districts coming with- in the meaning of this act, situated in more than one county in the state, such joint school district shall, for the purpose of this act, be held and deemed to be a school district within the one of said counties where the school house is located, and for all purposes of this act it shall be under the control and jurisdiction of the county board of education of such county in which the school house is located. Section 558m — ^24. It is expressly provided that this act shall not apply to districts and cities maintaining a free high school, or state graded schools of the first class, or to districts maintaining independent high schools, nor to private or paro- chial schools; but nothing in this act shall be construed to pre- vent any of such schools from adopting and buying the books adopted by the .county board of education at the prices and terms fixed by them if they shall elect to do so. Section 553m — 25. The members of the said county board of education shall be reimbursed their actual and necessary expenses in the performance of their duties; the same to be paid out of the funds of the county not otherwise appropriated. This law is nevv to Wisconsin. A county uniformity text-book law has however been in existence in some other states for several years. This is another of the late statutes that demands a thorough study on the part of school officers. The question of whether or not a county shall adopt a uniform system of text-hooks for certain schools must be decided by the school district boards assembled at the regular county school board convention, each district, (not each district of- ficer), having one vote. The vote must be taken by ballot. The bal- lot should have written or printed thereon "For County Uniformity of Text-books", "Against County Uniformity of Text-books." If a ma- jority of the districts in the county or superintendent district vote in favor of county uniformity of text-books, the members must im- mediately proceed to the election of a county board of education, to be composed of five persons, unless there should not be five properly qualified persons in the county. The board may then be compose(J of MISCELLANEOUS LAWS. 293 three persons. Bach of the members of the board of education must have had at least live years of experience in teaching or in the super- vision of public schools. (Eight months of teaching may for the pres- ent be construed as equivalent to one year's teaching.) The term of office of the members of the board of education is five years. Vacan- cies are to be filled regularly by the school board conventions and may be filled temporarily by the county board of education. It is the duty of the county board of education to select the text-books for use in the schools. All cities and districts maintaining a free high school and all state graded schools of the first class are exempt from the operation of this statute. It applies however to the one-room common schools and to the state graded schools of the second class. Dis- tricts in which the free text-book system has been adopted are not required to adopt the text-books adopted by the board of education until some change is made in the text-books adopted for use in thai particular district. Whenever any text-book furnished free is changed, however, a corresponding book of the uniform series must take its place. The state graded schools of the first class and the grades below the high schools are privileged to adopt the uniform series provided by the board of education and are also to secure the books for the same rates that are paid by the one-department schools. When text-books fro once introduced they must not be changed with- in five years from the date of the adoption. Additional and supplemen- tary text-Dooks may be selected by the district boards of the different districts, but the supplementary books must not be used to the exclu- sion of the bookfj adopted by the board of education. Suitable and convenient depositories are to be provided for the purpose of furnish-, ing the books. The persons having charge of the sale of uniform adopted text-books are to be governed strictly by the provisions of the act. It must be remembered the only schools coming within the scope of this law are the one-department country schools, and the two- department state graded schools. It does not apply to any work above the eighth grade. While the school board conventions may be called upon to voce upon this question at the meetings held this win- ter, the system can not take effect until the beginning of the next school year, July 1, 1908. Do not fail to read and to study this chap- ter in all its particulars. The subject is an important one and one that must be acted upon intelligently and with as large a knowledge of the conditions existing in the county interested as can possibly be obtained. 294 SCHOOL LAWS OF WISCONSIN. XXIX.— CONSTITUTIONAL PEOVISIONS. (Article 10.) Superintendent of instruction, how chosen, powers and compensation. (Chapter 258, Laws of 1901.) Section 1. The supervision of public instruction shall be vested in a state superintendent and such other officers as the legislature shall direct; and their qualifications; powers, duties and compensa- lion shall be prescribed by law. The state superintendent shall be chosen by the qualified electors of the state at the same time and in the same manner as members of the supreme court, and shall hold his office for four years from the succeeding first Monday in July. The state superintendent chosen at the general elec- tion in November, 1902, shall hold and continue in his office until the first Monday in July, 1905, and his successor shall be chosen at the time of the judicial election in April, 1905. The term of office, time and manner of electing or appointing all other officers of supervision of public instruction shall be fixed by law. School fund, what is; interest of, how applied. Sec- tion 2. The proceeds of all lands that have been or hereafter may be granted by the United States to this state for educa- tional purposes (except the lands heretofore granted for the purposes of a university), and all moneys, and the clear pro- ceeds of all property that may accrue to the state by forfeiture cr 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 \\here 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 CONSTITUTIONAL PROVISIONS. 295 appropriate the proceeds of the sales of the public lands, and to grant pre-emption rights," approved the fourth day of Septem- ber, one thousand eight hundred and forty-one; and also the five per centum of the net proceeds 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 lands, shall be exclusively ap- plied to the 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 maintenance of academies and normal schools, and suitable libraries and apparatus therefor. District schools; tuition; sectarian instruction. Sec- tion 3. The legislature shall provide by law for the establish- ment 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 com- m.on schools therein, a sum not less than one-half the amount re- ceived by such town or city respectively for school purposes from the income of the school fund. Income of school fund, how distributed. Section 5. Provision shall be made by law, for the distribution of the in- come of the school fund among the several towns 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 ap- propriation 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. 296 SICHOOL LAWS OF WISCONSIN. XXX.— OF THE DISTEIBUTION OF THE SCHOOL FUND INCOME. (Chapter 28, Wiseonsin Statutes.) Apportionment of. Section 554 (as amended by Chap. 115, Laws of 1899, and as amended and numbered by Chap. 313, Laws of 1903). The school fund income shall be apportioned by the state superintendent between the tenth and fifteenth days of December in each year. The amount to be so appor- tioned shall include all moneys belonging to said fund received prior to the first day of December in the same year, together with the amount thereafter to accrue to such income from the state tax levy made in the same year, and the two hundred thousand dollars to be appropriated from license fees and taxes paid by corporations in February following, under the pro- visions of section 1072a, and after December, 1903, shall in- clude also the interest receipts thereafter to accrue to said fund from the state tax levy of the same year or to be collected therewith as special charges. Such apportionment shall be made among the several counties, towns, villages and cities ac- cording to the number of children 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, end- ing June 30. Loss of right. Section 554a (as renumbered by chapter 313, Laws of 1903). Whenever any town, village or city shall fail in any year to raise by tax, for the support of common schools therein, a sum equal to the amount of its share of such school fund and 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 DISTRIBUTION OP THE SCHOOL FUND INCOME. 297 withheld from the next succeeding 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 trans- fer, and. in the case of the town clerk, his apportionment thereof to the proper school districts before the tenth day of December. No apportionment shall be made to any city, village or, town for any school district therein for any year during which such district shall not have maintained a common school taught by a qualifi('d teacher for seven [eight] 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 [eight] 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 made and transmitted dur- ing the preceding year to the state superintendent; nor to any city for aiiy year the report for which shall not show that the number of children between the ages aforesaid residing therein lias been ascertained by an actual census taken under the direc- tion of the board of education or other body having the govern- ment of common schools therein, by their clerks or persons of their appointment for that purpose ; provided, that provision by a school district for the instruction and transportation of its pu- pils in accordance with subdivision 15 of section 430 shall en- title the district to share in the apportionment as though such district had maintained a school. See chapter 502, page 26 of this code. Certificate and notice. Section 555. The state superin- tendent shall certify the apportionment made as aforesaid to the secretary of state and shall immediately give notice thereof to each county clerk and county treasurer stating the amount apportioned 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 tim.e when he shall pay over to the state treasurer the amount due the state on account of state taxes as required by law. 298 SCHOOL LAWS OP WISCONSIN. Correction of apportionment. Section 556. Whenever any officer shall omit to make within the time fixed any state- ment or report required to be made to the state superintendent he shall notify such officer by mail or otherwise of such omission, but the failure of the state superintendent so to do shall in no manner affiect 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 ground mentioned in section 554 satisfactory evidence shall be filed mth the state superintendent that such 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 :^hared in such apportionment the state superintendent shail 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 states shall draw his warrant therefor, and the money shall bo 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 treasurer 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 town, 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. School must be maintained at least eight months. Section 558. (Chapter 108, Laws of 1907, amending section 558, Statutes of 1898, as amended by chapter 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 within 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. DISTRIBUTION OF THE SCHOOL FUND INCOME. 299 No money shall be apportioned to any district or part of a district, except as herein provided, and as provided in section 554 of this chapter, by the discretion of the state superin- tendent, unless the last annual report of such district, verified 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 eight months during the year ending with the date of such report. Provided that any time which such report shall show was spent by the teacher or teachers of said district in attendance upon an institute in the county, and was allowed by the district board without deduction from such teacher's wages therefor, shall be included as a part of such eight months. This amendment requires that hereafter at least eight months school must be maintained in each school district in order that the district may be lawfully entitled to share in the apportionment of state and county (town) school money apportionments. Moneys not paid. Section 559. All money apportioned by the town clerk to any 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 months, [and one hundred and sixty days, eight months. See section 554.] At least eight months, one hundred and sixty days, of school taught by a legally qualified teacher, must be maintained in each district or sub-district in order that the district or town (in cases where the schools are organized under the township system of school govern- ment) may be entitled to share in the apportionment of the state and town school money. Common school fund. (Chapter 313, Laws of 1903, amend- ing Section 1072a of the Statutes of 1898.) Section 1072a. There is appropriated annually to the common school fund in- 300 SCHOOL LAWS OF WISCONSIN. come an amount equal to seven-tenths of one mill for each dol- lar of the assessed valuation of the taxable property in the state, as determined by a State Board of Assessment, exclusive of the property of corporations which pay license fees, or which are assessed for taxation by a state board of assessment, to be de- rived annually as follows: two hundred thousand dollars from the license fees, or taxes paid by said corporations, and the bal- ance from a tax which shall be levied on all other taxable prop- erty. The appropriation hereby made shall be taken from the license fees and taxes aforesaid accruing to the state in the month of February in each year, and the amount thereof shall be disbursed in the manner and under the conditions and restric- tions provided for disbursements of the common school fund in- come. School fund apportionment. SECTioisr 1072b (as amended by Sec. 20,, Chap. 351, Laws of 1899 and as renumbered by Chap. 313, Laws of 1903). Section 10726. The state super- intendent shall apportion the school moneys each county will be entitled to receive under the provisions of this section between the 10th and 15th days of December in each year, and certify the apportionment so made to the secretary of state and state treas- urer, 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 apportionment the secretary of state shall immediately inform the county clerk and the 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 purposes are 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 ex- cess of the amount such county is entitled to receive in return as its portion 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 treasurer 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 DISTRIBUTION OF THE SCHOOL FUND INCOME. 301 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 made by the state superintendent. It is hereby declared to be the true intent and meaning 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 paid 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. 302 SCHOOL LAWS OF WISCONSIN. XXXL— THE STATE SUPERINTENDENT. (Chapter 37, Laws of 1903, relating to the duties, qualifications • and salary of the state superintendent.) Qualifications; oath of office. Section 1. No person shall be eligible to the office of state superintendent of public instruc- tion, who shall not, at the time of his election thereto, have taught or supervised teaching in the state of Wisconsin, for a period of not less than five years, and who shall not, at such time, hold the highest grade of certificate which the state su- perintendent is by law empowered to issue. 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 shall be filed in the office of the secretary of state. Supervisory duties generally. Section 2. He shall have general supervision over the com.mon schools of the state, and it shall be his duty: School work. 1. To ascertain, so far as practicable, the conditions of the public schools of the state ; to stimulate inter- est in education ; to spread as widely as possible, through public addresses,, bulletins, and by conferences with school officers, teachers and parents, a knowledge of methods, which may be em- ployed 'to introduce desirable improvements in the organization, government and instruction of the schools. School books. 2. To prohibit the use of sectarian books and sectarian instruction in the public schools; to advise in the selection of books for school district libraries; to prepare as often as he shall deem necessary, a list of books suitable for school district libraries, and furnish copies of such list to each THE STATE SUPERINTENDENT. 303 town, village or city clerk, or secretary of the board of educa- tion, and to each county or city superintendent, from which lists the above designated officers shall select and purchase all books for use in the school libraries of the state. Educational meetings. 3. To attend such educational meetings and make such investigations as he may deem impor- tant, and such as may enable him to obtain information relating to the different systems of common schools in the United States, said information to be embodied in his biennial report to the state legistlature. Public sentiment. 4. To endeavor to arouse an intelligent interest among the people of the state in the general subject of industrial and commercial education, including manual train- ing, agriculture, and domestic science, and to awaken and edu- cate public sentiment for the suitable introduction of these sub- jects into the public schools,' and to make such inspection and investigation as may be necessary for the intelligent supervision of the work therein. Supervision. 5. To exercise general supervision over the establishment and management of county schools of agriculture and domestic science, manual training schools, county training schools for teachers, and the day schools for the deaf; to advise with the principals and local authorities thereof and to formu- late courses of study for such schools, to embody in his biennial report or in special bulletins or circulars such statements, sug- gestions, and statistics, as he may deem useful and for the in- formation of the public. Publications. 6. (As amended by Chapter 241, Laws of 1905.) To revise, codify and edit the school laws from time to time, as circumstances may make necessary, and by lectures, cir- culars, correspondence and public addresses, give the public information bearing upon the different methods of school or- ganization and management provided by law in this state; to prescribe rules and regulations for the management of town- ship and school district libraries and the penalties which may be imposed upon district and town officers for any violation thereof; to prepare for the use of school officers suitable forms for making reports and suitable outlines as aids in conduct- ing annual and special meetings; to prepare and publish from time to time as occasion may require courses of study 304 SCHOOL LAWS OP WISCONSIN. for ungraded, state graded, and free high schools, and day schools for the deaf, with such comments and instructions as may be deemed essential for an intelligent understanding there- of; to compile, edit and distribute to the schools annually in pamphlet iorm matter^'adapted to and- suitable for the intelli- gent observance of arbor and bird day, and memorial day; to provide the subject matter and statistics necessary for the print- ing of all reports, pamphlets, and circulars published for any and all these purposes, and to furnish suitable material in the form of printed catalogue cards to enable teachers and pupils to make an intelligent use of the township school libraries, all such printing to be done by the state printer at the expense of the state. Appeals. 7. To examine and determine all appeals, which by law may be made to him according to the rules regulating such matters, and to prescribe rules of practice in respect thereto, not inconsistent with law. Educational works. 8. To collect in his office such school books,, apparatus, maps, and charts, as may be obtained without expense to the state; to purchase at an expense not exceeding one hundred and fifty dollars in any one year, to be paid out of the state treasury, works and periodicals bearing upon the dif- ferent phases of education. School fund income. 9. To apportion and distribute the school fund income as provided by law. Copies of record. 10, To make copies when required by any person so to do, of any papers deposited or filed in his office and of any act or decision made by him,, and to certify the same provided he may demand therefor twelve cents per folio, which fee shall be paid into the state treasury. Report. 11. To prepare in each even numbered year a re- port to be delivered by him to the governor on or before the thirty-first day of December, containing: 1. An abstract of all the common school reports received by him from the several county and city superintendents. 2. A statement of the condition of the common schools, the state graded schools, the city graded schools, the free high schools and independent high schools, the manual training, schools, the schools established for the purpose of giving instrue- THE STATE SUPERINTENDENT. 305 tion in agriculture and domestic science, the county training schools for teachers, the day schools for the deaf, the state nor- mal schools and the state university, and such other schools as may hereafter be established by law. 3. Statements of the receipts and disbursements of all school moneys. 4. Plans for the improvement and better management and organization of all common and other schools. 5. A statement of his official visits to educational institutions of any kind, and of the work done by the different inspectors and officers provided for by law, and employed by him in the performance of the duties of the office,, for the biennial period. 6. All such other matters relating to his office and the school system of the state, as he shall deem expedient to publish. Teachers' institutes. 12. To exercise supervision over the teachers' institutes, held in the different counties of the state, and with the advice and consent of the institute commit- tee of the board of regents of normal schools, publish from time to time a syllabus and outline of work suitable to be done therein. Annual convention. 13. To hold at least one convention annually at a convenient and accessible point in the state, for the purpose of consulting and advising with the county super- intendents in regard to the supervision and management of the public schools. 13a. To hold one convention annually for the purpose of con- sulting and advising with the city superintendents of schools upon matters pertaining to supervision and management of city schools. See chapter 253, laws of 1909, page 95 of this code. Other duties. 14. To perform all other duties imposed upon him by law. Annual salary. Section 3. The state superintendent shall receive an annual salary of five thousand dollars. Assistant superintendent. Section 165. The state su- perintendent may appoint under his hand an assistant, who shall take the constitutional oath of office, which with his ap- pointment, shall be filed in the office of the secretary of state. Such assistant shall perform such duties as the superintendent shall prescribe, not inconsistent with law ; and the superintend- ent shall be responsible for all acts of such assistant. ' High school inspector. Section 165a. He may also ap- 306 SCHOOL LAWS OP WISCONSIN. shall assist him in visiting, inspecting and supervising such schools and aid in giving information and assistance in the or- ganization and maintenance thereof in towns where there are no graded schools. When he is not engaged in the perform- ance of said duties said inspector may be assigned to such duties in the office of the state superintendent as the latter may designate. Rural school inspector. (Chapter 499, Laws of 1905.) Section 1. The state superintendent is hereby authorized to appoint a competent and suitable person as an inspector of rural schools. It shall be the duty of said inspector to visit and in- spect, as far as practicable, the rural schools of each county in the state and to procure information concerning the rural school districts. This inspector shall assist the state superintendent in preparing such special reports to the governor and legislature, bearing upon the conditions and needs of rural schools as may be advisable. It shall also be the duty of this inspector to con- fer with each county or district superintendent concerning the condition of the schools in his county or district ; to consult with school officers, patrons and teachers in regard to school manage- ment, discipline, branches of study, school law and school sanita- tion and by public lectures, conferences and meetings endeavor to arouse an intelligent interest in industrial and agricultural education, as well as in the Lisual routine work of the elementary rural school. The inspector provided for by this chapter shall work under the direction of the state superintendent and shall report to him as often as may be deemed necessary, concerning the conditions found in the schools and districts inspected and of the work done in the discharge of his duties. When the rural schools are not in session, said inspector shall be assigned to other duties by the state superintendent. Section 2. The inspector of rural schools shall receive as an annual salary two thousand dollars and shall be reimbursed for all actual and necessary traveling expenses when duly certified by the state superintendent. Such salary and expenses shall be paid out of the appropriation to the common school fund income provided for in chapter 3'13 of the laws of 1903. Assistant state superintendent, library clerk, mailing clerk. (Chapter 297, Laws of 1899.) Section 1. The as- sistant state superintendent shall be reimbursed the expenses actually incurred by him in the performance of his duties when the accounts for such expenses are approved by the state su- perintendent. THE STATE SUPERINTENDENT. 306a Section 2. The library clerk shall be reimbursed th.e ex- penses actually incurred by him in the performance of his duties when the accounts for such expenses are approved by the state superintendent. Section 3. The state superintendent may appoint- under his hand a mailing clerk, who shall receive an annual salary of one thousand dollars. Clerks, etc. Section 1655. 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 render 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 writing filed in the office of the secretary of state. Expenses of chief clerk. (Chapter 282, Laws of 1903.) Section 1. The chief clerk shall be reimbursed the expenses actually incurred by him in the performance of his duties when the accounts for such expenses are approved by the state super- intendent. Office. Section 167. The state superintendent shall have an office at the capitol,, where shall be deposited 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. FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 307 XXXIL— SUGGESTIVE FOKMS FOE THE USE OF TOWN AND SCHOOL OFFICERS. No. 1. Form of order organizing a new school-district, to he filed with the town clerk. It is hereby ordered 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 , C D— , E- F , Supervisors of the town 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 he ' delivered iy 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 fol- lowing territory: [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 there- of, which is hereby appointed to be held at the house of , 308 SCHOOL LAWS OP WISCONSIN. in said district, on the day of , 19-^, at — o'clock in the noon, by reading this notice in the hearing of each such voter, or in case of absence from his place of residence, by leaving thereat a written notice of the time and place of such meeting, at least five days before the time appointed for such meeting, and thereof to make due return. Dated at — • , this — day of , 19 — . (Signed) A ■ B , C D , E F , Supervisors of the town of . Note. — If it is a joint district, the notice must be signed by the supervisors of each town in whicla any part of the district lies and women as well as men must be notified. No. 3. Form of notice for first meeting, to he 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 that 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. Tour attendance is re- quested. (Signed) G H- , Person appointed to give notice. No. 4. Form of return to he 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 [here give the names in full], personally, and the following named persons [here insert names] by copy, according to the di- rections of the within notice. Dated this day of , 19 — . ' (Signed) G H , Person appointed to give notice, FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 309 No. 5. Form of notice for a meeting of a school-district to he delivered hy the town sup'^svisors, to a taxable inhabitant, in case there is no officer to call a meeting. To A. B., a taxable inhabitant of school- district No. — , of : You are hereby directed to notify every qualified voter of school- district, No. — , of , to attend a meeting thereof, which is hereby appointed to be held at the house of — , in said district on the — day of ■ — , 19 — , at o'clock in the noon, by reading this notice in the hearing of such voter, or in case of absence from his place of residence, by leaving thereat a written notice of the time and place of such meeting, at least five days before the' time ap- pointed for such meeting. The following is a description of said district: [here describe the district as in. form No. 1.] (Signed) A B , C ■ D , E: ■ F , Supervisors of the town of . Note. — If it is a joint district, the notice must be signed by the supervisors of each town in which any part of the district lies. No. 6. Form, of order organizing a joint school-district. It is hereby ordered and determined that [here describe the territory by sections and parts of sections] shall hereafter con- stitute a school-district, to be known as joint school-district No, , of the to^^Tis of [here insert the names of all the towns in which any portion of the district is situated]. Given under our hands, this day of , 19 — . (Signed) A B ■, C— ■ D E . F , Supervisors of the town of . G • H , I J , K . L , Supervisors of the toivn of . Note. — The above order must be signed by at least two supervisors from each town affected by it, and a copy must be filed with the town Clgrk of e3,ch town. 310 SCHOOL LAWS OF WISCONSIN. No. 7. Form of acceptance of offi'Ce l)y district officers elected at the first meeting^ after the formation of a district, to te filed ivith the clerk of tJre m,eeting. I herebj'' signify my acceptance of the office of , of school-district No. — , in the town of - — , to which! have been elected. Dated this — day of ■, 19 — ■. (Signed) G H . No. 8. Form of notice to he given to the district clerk tvhen alteration of the boundaries of a district is contemplated. To C. D., Clerk of school-district No. — , of town of : You will take notice that we shall be present at [here mention the place], on the day of • , 19—; at — o'clock in the noon, to hear and decide upon certain proposed al- terations of the boundaries of said school-district. Dated this • day of ■ — , 19 — . (Signed) A B ■~, C ^D — , E . F , Supervisors of the town of . Note. — In case of a joint district, the above notice must be signed by a majority of the supervisors of each town, a part of which is em- braced in the district or districts to be affected by the proposed altera- tion. Return must be filed in the oflBce of town clerk of each, town by person serving the notice. No. 8a. Form of application for alteration of the joint school district, under provision of Chapter 218, Laws of 1903, page of this school code. To A B -: Chairman of the Town of , County of . We, the undersigned, members of the town board of super- visors of the town of , county of — ^ ; do herewitH FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 311 make application to have (Here describe the territory which it is desired shall be taken from one district and made part of another.) detached from school district No. — (joint) of the town (or towns) of , — • county, Wisconsin ; and in order that a hearing may be had as to the advisability of the transfer of terrory you are requested to fix a time for the joint meeting of the boards of supervisors (or board of trustees or common council) of the towns of and ; said meet- ing to be held not less than ten nor more than twenty days after this application is placed in your hands. Note. — If the chairman, etc., attempts to call the meeting he must not only notify the supervisors as described above but he must notify the clerks of the different districts, as provided for in section 418 of the statutes, and a "return" that the clerks have been so notified must be filed in the office of the clerk of each town by the person serving the notice. It is advisable that the person serving the notices upon the clerks shall serve notices upon the treasurer and director, making suitable "return." No. 9. Form of order for altering the 'boundaries of a school-district. It is hereby ordered and determined that the [here describe the territory by sections and parts of sections] , now part of school-district No — , of the town of , be and hereby is taken from said school-district, and attached to and made a part of school-district No. — , of said town for all purposes whatso- ever. This order will take effect on the — day of , 19 — . Given under our hands the day of , 19 — . (Signed) A B , C-^ • D , E F , Supervisors of the town of — . Note 1. — -The above order must be filed with the town clerk and the district clerk; and in case of a joint district the order must be signed by a majority of the supervisors of each town, a part of which is embraced in the district and filed with the town clerk of each town, and the district clerk of each district affected by the alteration. 312 SCHOOL LAWS OF WISCONSIN. No. 10. Form of order of town sup^ervisors awarding proportion of value of property to new district. To the district clerk of school-district No. — , of the town of Having formed a new school-district, No. — , of the town of in part [or wholly] from the territory of your district, we have ascertained and determined the proportion of value of the schoolhouse and other property, justly due to such new school- district from your district, retaining such schoolhouse and other property to be dollars. You are therefore to raise and collect by tas, upon the taxable property of your district, the said sum of dollars, and when collected pay the same to the treasurer of said new district. Given under our hands this day of , 19 — . (Signed) A B , C D , E • F , Supervisors of the town of . Note. — In the case of a joint district, the above notice must be signed by a majority of the supervisors of each town embraced, in part, in the district. No. 11. Form of notice for annual district meeting. Notice is hereby given to the qualified electors of school-dis- trict No. — , of the town of • , that the annual meeting of said district for the election of officers and the transaction of other business, will be held at , on the first Monday, be- ing the day of July, at 7 o'clock in the afternoon [unless some other hour was determined upon by the district at the previous annual meeting]. Dated this day of — , 19 — . (Signed) C D , District Clerk. Note. — The above notice must be affixed to the outer door of the schoolhouse, if there be one in tlie district, and must be posted up in at least three ether public places, at least six days before the time ap- pointed for the meeting. FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 3i3 No. 12. Form of notice for ■jn adjourned district meeting, ivhen suclt meeting has teen adjourned for a longer period than one month. Notice is hereby given, that a meeting of the qualified elec- tors of school-district No. — , in the town of , will be held at , in said district, on the — day of , 19 — , at — o'clock in noon, pursuant' to adjournment. Dated this day of —, 19 — . (Signed) C D , District Clerk. Note. — The foregoing must be posted the same as for the annual meeting. No. 13. Form of request for clerk to call a special district meeting. To A. B., 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 [here state the business to be transacted] . (Signed) A B C D E F G H I J Note.— The above notice must be signed by at least five legal voters. No. 14. Form of notice for special district meeting. Notice is hereby given to the qualified electors of school-dis- trict No. — , in the town of , that a specal meeting of said district Avill be held at , on the day of , 19 — , at o'clock in the noon, for the following 314 SCHOOL LAWS OF WISCONSIN. objects: [Here particularly specify each item of business to be acted upon.] (Signed) C D , District Clerk. Note. — The above must be posted as for an annual meeting, and in case it is intended to raise a tax, or vote a loan, three-fourths of the legal voters must be personally notified of the meeting, or a copy of the above notice must be let at their places of residence, at least six days before the time appointed for the meeting. No. 14a. Form of notice for "special school m>eeting\ for the purpose of authorizing the district hoard to torrow money from the trust funds of the state, and to vote the taxes required hy law to he voted, in order to ohtain such loan. Notice is hereby given to the qualified voters of school- district No. — , town of , that a special school meeting of said district will be held at , in said district on the day of — , 19—, at o'clock P. M., for the purpose of voting on 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 per cent, per annum payable annually in advance, for the purpose of build- ing a schoolhouse. 2d. To raise by tax a sum sufficient to pay the principal and interest of such loan as it becomes due. 3d. To raise by tax the sum of dollars, to be collected in the tax for the year to aid in building a schoolhouse. (Signed) , Dated ■. District Clerk. No. 15. Form of notice to he given hy the clerk of a school-district yneet- ing to the officers elect who were not present at the meeting. To ■ : You are hereby notified that at a meeting of school-district FORMS FOR USB OF TOWN AND SCHOOL OFFICERS. 315 No. — , in the town of , held on the day of , 19 — ^ you were duly elected of said district. Dated this day of , 19—. (Signed) C D- Clerk of said meeting. Note. — This notice is required to be given within five days after the meeting, and only to those persons elected to office who were not pres- ent at the time. No. 16. Form of refusal to accept district office, to he filed ivith the clerk of the district. To the clerk of school-district No. — , in the town of : You are hereby notified of my refusal to accept the office of , to which I was elected at the meeting of said district, held on the day of -, 19 — . (Signed) G ■ H . Note. — This notice of refusal must he filed within ten days aftei the election, or the person will be deemed to have accepted the office, and be liable for non-performance of duty. No. 17. Form of an appointment to fill a vacancy in the district board. 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' ■ H , Director. ' E F , Treasurer. [Or other members of the board as the case may be.] Note. — It requires two members of the board to make an appoint- ment. If they neglect for ten days to fill the vacancy, it must be done by the town clerk, after the following form; in either case the ap- pointment must be filed with the district clerk, 316 SCHOOL LAWS OF WISCONSIN. No. 18. Form, when the town clerk appoints. To A. B.: The office of [clerk, director or treasurer] of scliool-district No. — , of the town of -, haying become vacant, and the district board of said district having failed to fill the same within ten days yon are hereby appointed to fill such vacancy until the next annual meeting of said district. (Signed) C- D , Town Clerh. Note. — In case a vacancy in a joint district is to be filled by the town clerk, the appointment is to be made by the clerk of the town containing the schoolhouse. (See sec. 433.) No. 19. Form of refusal to accept a district office hy 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 of school-district No. — , of said town, to which I was appointed by you on the • day of , 19- Dated this — • day of , 19 — . (Signed) G H . Note. — The notice of refusal must be filed with the clerk or director within five days after the appointment, or the person shall be deemed to have accepted the office, and be liable to a fine for non-performance of duty. No. 20 (Deed or Lease). Form of deed of a schoolhouse site. Know all men by these presents, that I, A. B. [and C. B., his wife, if married], of the town of , in the county of , in state of Wisconsin, party of the first part, for and in consideration of the sum of dollars to them in hand paid by the district board of school- district No. — , of the town FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 317 of , county of , and state aforesaid, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and convey to the said school-district, party of the second part and their assigns, the following described piece of land, namely : [Here insert description of land], together with all the privi- leges and appurtenances thereunto belonging: To have and to hold the same to the party of the second part and their assigns foreever; and the said party of the first part for themselves, their heirs, executors and administrators, covenant, bargain, and agree, to and with the said party of the second part and their assigns, that at the time of the sealing and delivery of these presents, they are well seized of the premises above con- veyed, as of good, sure, perfect, absolute, and indefeasible estate of an inheritance in the law in fee simple and that the said lands and premises are free from all incumbrances whatso- ever, and that the above bargained premises in the quiet and peaceable possession of the third party of the second part and their assigns, against all and every person or persons lawfully claiming, or to claim, the whole or any part thereof, the said party of the first part will forever warrant and defend. In witness whereof, the said A. B. and C. B., his wife, party of the first part, have hereunto -set their hands and seals, this day of , A. D. 19—. A B , [seal.] C D , '[seal.] Signed, sealed and delivered in the presence of E F , G ■ H , Note. — Such deed should be duly acknowledged before a notary pub- lic, justice of the peace, or other officer authorized by law to take such acknowledgment, and recorded in the office of the register of deeds for the county. ' ; Form of lease. Know all men by these presents, that A. B., of the town of in the county of , in the state of "Wisconsin, of the first part, for the consideration herein mentioned, does hereby lease unto "school-district No. — , of the town of ," county of , in the state aforesaid, party of the second part, and their assigns, the following described parcel of land: [Here insert description of land.] Together with all the privi- leges and appurtenances thereunto belonging: To have and to 318 SCHOOL LAWS OF WISCONSIN. hold the same for and during the term of years, from the day of , A. D. 19 — ; and the said party of the second part for themselves and their assigns, do covenant and agree to pay to said party of the first part, for said prem- ises, the annual rent of dollars. In testimony whereof, the said parties have hereunto set their hands and seals, this day of , 19 — •. A B ^,[SEAIi] Lessor. C ■ D- E F- G H , District hoard of school-district No. — , of the town of No. 21. Form of contract between district and teacher. It is hereby agreed between school-district No. — , of the town of , and L. M., a qualified teacher of the county of [or superintendent district No. — , of the county of , as the case may be] that the said L. M. is to teach the common school of said district for the term of [here insert the time], for the sum of per month, commencing on the day of , 19 — , it being understood and mutually agreed that days shall constitute a month ; and for such serv- ices properly rendered, the said district is to pay to the said L. M., the amount that may be due according to this contract, on or before the day of , 19 — . Dated this day of , 19 — . (Signed) A B ■, Director, C D — — — •, Treasurer, E • F , Clerli, L • M , Teacher. If the teacher holds a limited certificate, for a single town or dis- trict, the contract may read: "a qualified teacher of said town," or "said district." In case the teacher is employed in a graded school, the particular department for which he is engaged may be specified, and the con- tract may read: " dollars per week," if hired by the week. By section 459 printed on page 71 of this code, it will be seen that 20 days constitute a teacher's month, unless otherwise specified in the contract. When the teacher is hired at sp much a month it is best FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 319 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 Avhen school would otherwise be taught, but as the law now provides Saturdays are not to be counted. If a legal holiday occurs on Sunday, the succeeding Monday is a legal holiday. I!:' 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 specially 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 contract. 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 hond of district treasurer to he filed with the district clerk. Know all men by thest 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 ascertained] to be paid to the said school-district, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our hands and dated this day of , A. D. 19—. 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 his hands as treasurer aforesaid, and shall deliver to his successor all books and papers apper- taining to his said office, then this obligation shall be void, otherwise of full force and virtue. E F , [seal.] L M , [seal.] Signed, sealed and delivered in presence of R ■ S , G • H— -, 21— S. L. 320 SCHOOL LAWS OP WISCONSIN. Form of approval to he 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. (Signed) C— J) , Director, E — F , Clerk. No. 24. Form, of order on treasurer for m^oneys to 6e disbursed hy school-district. To A. B., treasurer of school- district No. — , in the town of Please pay to — — — ^ — the sum of dollars for [here specify the object for Avhich the money is to be paid] , out of any money in your hands, not appropriated, belonging to the [here name the fund on which the order was drawn] , of said district. Dated this day of — — , 19 — . (Signed) C D , District Clerk, G H , Director. FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 321 No. 25. Form, of school register to he kept hy the teacher of each school. The register furnished by the district should be one arranged in four parts. The first part should consist of blank pages for entering the daily program of recitation and study. The fol- lowing is a model page of this part : Daily Programme of Recitation and Study. For term from to . ; 190 . . Teacher. Eecitations. Beginning-. Class. Form. Hr. Min. Branch. Book. Primary ' Middle form. ' form. Upper form. t ...... The second part of the register should consist of blank pages for entering the school number, name, age, sex, daily attend- ance and tardiness of every pupil who attends the school, with a blank column at the right 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. 322 SCHOOL LAWS OF WISCONSIN. Teachers' Daily Register for the Term Commencing Ending , 190 — . -, and School Months, from to . Teacher. Sex. Monthly Summaries. ^ fc^ .• Oi -ij to Remarks. rt rrl 0) 'E .; ■ >, -C rt t^ H Ol cS s 6 6 1) a 'ai 3 ^3 S' Tj T3 0) 3 o3 cS a ■71 s eS bfi o S ^ j3 O 3 r-l -^ o . c* 03 ;? ?5 < y fa s H H fa g H ^ t^ fa &.■ fi fi H The third part of the register should consist of blank pages for showing the classification of the school, and recording the progress and standing of each pupil in the several branchei of study pursued. Following is a model page of this section, which can be repeated for each class in the school : First (or Second, or Third) Class in Geography. Winter (or spring or fall) Term, beginning ending . . . . Class commenced .Geography and advanced to page. sn Passed 3 Prepared Name. Entered. Left. over to go on Remarks. o fit pages. 03 from. ^ < t» 1. John Jones 15 Nov. 1. March 5 19-78 100 Page 78... Studious. 2. Jane Smith 13 Nov. 8. March 8 25-68 68 Page 68. . . Inclined to be frivolous. 3. H. Peters. 14 Nov. 10. March 5 19-66 100 Page 66... Motlier sick. Made up all gone over to Nov. 10, Will prob- ai l.y make up during vacation to page 78, so as to go on with class. FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 323 The fourth part of the register should consist of a pupil's record for the school year, or ledger, which will 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 the 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' Record for the School Year commencing ending , 190 — . -, 190 — , and Name. be Sex. 1st Month. 2nd Month. No. 6 S fa p ! EH a ID in OJ rH >, CO Q 0) CO < t4 Remarks ! . ] Notes. — lu filling up the daily register, tlie 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 — "^; t.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 number of minutes may be placed in the upper angle, 10 V thus — X; if tardy in the afternoon, indicate in the same way thus — \i- 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 in- formation. The teacher should carefully add the columns in the daily register at the end of each month, which need to be transferred to the ledger, and enter the summary therein accurately and legibly. It is very desirable that each district in the state be fully and ac- curately reported. If one district in a town fails to report fully, the whole town suffers from this failure, in comparison with other towns that may be fully reported. That the register be neatly kept, it will be best for the teacher to use a small blank book, in which 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 procuring registers school officers should consult teachers or super- intendent, and purchase only such as are best adapted to simple yet complete records. 324 SCHOOL LAWS OP WISCONSIN. No. 26. Form of notice to town treasurer of apportionment of school moneys Ijy 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 Dated this — (Signed) day of To district No., 6 do 7 To joint dist. .. 1 do 2 do 3 . 19—. Town Clerh. Note.— Inimediately upon the receipt of the certificate of the town treasurer, of the amount in liis hands (See form No. 27), the clerk shall proceed to apportion it among the several districts of the town from which reports have been received according to law, and there- upon 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 — - — — , 19—. (Signed) - A • B , Toivn Treasurer. FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 325 No. 28. Form of report of toivn clerh to the county superintendent, of the names and post office addresses of the district clei'ks in his toivn. 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 No. 1 No. 2 No. 3 No. 4 No. 5 No. 6 Joint No. 1 o 3 Name of Clerk. A. B. C. D.. E. F.. G. H. I. K., L. M. N. O., P. E.. S. T.. Postofiice. (Signed) A- W- Town Clerk. Note.— The town clerk must report his own name and postoffice to the county superintendent within ten days after the said cleric's elec- tion, or appointment, and the name and ofhce 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 he assessed npon the different parts of a joint district, situated in tivo or more towns. B- -, C- D- Upon the application of A — and E ■ F- , tax payers in joint school-district No. of the towns of 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 326 SCHOOL LAWS OF WISCONSIN. upon that portion of the district lying in the town of and • • cents upon that part lying in the town of Dated this day of ■, 19 — . (Signed) G' H J^ ■ K L M Assessors of . N , P ■ R , S T , Assessors of . Note. — If assessors cannot agree, and the supervisors, or supervisors and cliairman of an adjoining town are called to act, they will also sign the above. See section 471. No. 30. Form of statement of the amount of taxes voted to ~be raised in a school-district, to he delivered hy the district clerk to the toivn clerk. To R ■ S , town clerk of the town of . The amount of taxes voted to be raised in school-district No. ■ — ■, of the towai 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) C • D ■. Clerk of School District No. — of the town of . State of Wisconsin, County of , ss. C • D- , being duly sworn, on cath 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 sliould be stated; also any tax voted at a special meeting, lield between the time of the annual meeting and the third Monday of November following. FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 327 No. 31. Form of statement of the amount of taxes voted to be raised in a joint district, to he delivered to the clerk of each toivn in ivhich 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 meeting 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) C D , Clerh of Joint School-district No. — • Of the toivns of and ■ — . Note.— Attach affidavit of the district clerk similar to the one given in form No. 30. No. 32. Form of application to hoard of supervisors to estahlish a school- house 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 your honorable board to establish a schoolhonse 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 that the owner of the land selected will neither lease nor sell the same to the said district [or that the owner is a non-resident]. (Signed) A ■ B , District Clerk. 328 SCHOOL LAWS OP WISCONSIN. No, 33. Form of certificate of district clerk that the notice for the meet- ing of the supervisors to establish a schoolhouse site has he en 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 fonn 34.] Dated this — — ■ — day of.- •, 19 — . (Signed) ' A ■ B , District Clerk. Note. — In case there is no account of the land selected for a site, and the owner is unknown or resides out of the state, the notice must be published in the nearest newspaper, for six weeks previous to the meeting of the boaid 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 establishment of a schoolhouse site for said district upon [here describe the lands upon which it is proposed to establish a site]. Given under our hands, this day of —. — -, 19—. A^— -^ B-™, C — ^— D— ^, E • F^^— , Supervisors of the town of -^ , Note. — -In case the application is made by a joint district, the super- visors 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 estab- lish the site. FORMS FOR USB OF TOWN AND SCHOOL OFFICERS. 329 No. 35. Form of certificate of action of town hoard of supervisors in locating^ and estahlishing schoolhouse site. We hereby certify that on the day of , A. D. 19 — , we located and established a schoolhouse site for school- district No. -— , comprising the following described territory [here describe the lands taken for a site according to the survey of the same], and award the sum of ■ dollars in full as compensation 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 , C D — , E^ F , Supervisors of the town 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 "es- tablished," the word "a" will be omitted, and the words "an addition to the" will be inserted; and the last two lines will be made to read "taken for said addition to said schoolhouse site." 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 recorded 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 superintendent of schools. To — , State Superintendent : Sir: — I hereby certify that vacancy in the office of county superintendent of schools for • county, Wisconsin, oc- curred 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. 330 SCHOOL LAWS OF WISCONSIN. No. 37. Form of a certificate of a county clerk, of ilie division of a county into two superintendent districts, and of a conse- quent vacancy in 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 said county into two superintendent districts; that they have de- termined that the present county superintendent shall have jurisdiction of district No. — , and that district No. ■ — , there- fore remains vacant. Given under my hand and seal of office, this day of , 19-. (Signed) A • B , County Clerk of County, Wisconsin. No. 38. Form of statement of niomber of children of school age in a county, made hy county superintendent for county treas- urer, and county clerk. To A- B- -, treasurer [or, clerk] of the county of Sir: — The following is the number of children over the age of four and under the age of tAventy years, in those districts of the several towns in this county [or superintendent district as the case may be] which have maintained school for six or more months the past school year, as returned to me by the town clerks : Town. Number of Children. Town. Number of Children. A D B E c F Dated this fifteenth day of August, 19 — . (Signed) G H- County Superintendent of Schools for County. Noa'E. — The above statement must be filed with the county treasurer find county clerk on or before the fifteenth day of August in each year- FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 331 No. 39. Form of notices to teacher and district clerk of the intention of the county superintendent to annul said teacher's certif- icate. To A B , teacher in school-district No. — , town of Sir: — Yon are hereby notified that it is my intention to annul the certificate of qnalifieation now held by you as a teacher. (Signed) B B , Comity Superintendent of Schools for • County. . To E F , clerk of school-district No. — , of the town of : Sir: — You are hereby notified that it is my intention to annul the certificate of qualification held by , now employed in teaching in your district. Dated this ■ day of , 19 — . (Signed) B B , County Superintendent of ScJiools for • County. Note. — The above notices must be served -upon the teacher and dis- trict clerk at least ten days before the certificate is annulled. No. 40. Form of annulment of teacher's certificate and noiice to town clerk. To A B : Sir: — The certificate of qualification held by you as a com- mon school-teacher in the county [or superintendent district or town] of , issued on or about the day of , 18 — , is hereby annulled. Dated this day of , 19 — . (Signed) C D , County Superintendent of Schools for County. Note. — -The above annulment will not take effect until the following notice has been filed with the town clerk of the town in which the teacher whose certificate is annulled is engaged in teaching. 332 SCHOOL LAWS OF WISCONSIN. To the town clerk of the town of : Sir: — You are hereby notified that on the day of A. D. 19- — , I annulled the certificate of qualification held by A B , a teacher of your town, for the rea- son that in my opinion, the said A B does not possess the requisite qualifications as a teacher in respect to [moral character, learning or ability to teach, as the case may be]. Dated this day of , 19 — , (Signed) C ^ D , County Superintendent of ScJiools for the County of . FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 333 APPLICATION FOR DICTIONARIES, No. 41. Form of application for first supply of a scliool-district. State of Wisconsin, County of , ss: ■ - ■ ■ - — —— , being duly sworn, deposes and says that dis- trict No. — , in the town of - - ■ ■ ■ , county of , has never been supplied with Webster's International Dictionary, by the state, as provided by law. District Clerk. Post office Subscribed and sworn to before me this day of 19.— Send by express to , care of — ■. Note. — The dictionary formerly known as "Webster's Unabridged Dictionary" is now known as "Webster's International Dictionary." No district heretofore supplied with a dictionary under the former title will be entitled to a dictionary for re-supply free of charge under the present title. See section 509. No. 42. Form of application for siipxply of additional departments. State of Wisconsin, • ■ County, ss. ' ■ , being duly sworn, deposes and says that the following department— in district No. — , in the — — of , in the county of , ha — • never been furnished with Webster's International Dictionary by the state, as provided 334 SCHOOL LAWS OF WISCONSIN. for by law; department— unsupplied, ; department- lieretofore supplied, . District Clerk Post office Subscribed and sworn to before me this day of — 19.— Send by express to , care of No. 43. Form of application for supply of additional departments in cities. State of WiscoNsiisr, County, ss. , being duly sworn, deposes and says that the public schools in the city of , county of , embrace distinct departments, in as many different rooms (not including recitation rooms), under different teachers, and that the following departments in said schools have never been sup- plied with Webster's International Dictionary, as provided by law: Depailments unsupplied. Departments heretofore supplied. City Surperintendent. Subscribed and sworn to before me this day of 19.— Send by express to , care of , FORMS FOR USF OF TOWN AND SCHOOL OFFICERS. 335 No. 44. Form of application for dictionaries hy the secretary of a town hoard. State of Wisconsin, County of , ss. , being duly sworn, deposes and says that the following subdistrict — ;, in the town of , county of • — ■ ha — never been supplied with Webster's International Dic- tionary, as provided by law, subdistricts unsupplied, ; subdistricts heretofore supplied . Secretary of Town Board of Directors, Post office Subscribed and sworn to before me this day of 19.— Send by express to , care of . No. 45. Form of applicationi for re-supply, ivJien dictionary previously furnished is lost. ■ State of Wisconsin, ■ County, ss. ■, being duly sworn,' deposes and says that dis- trict No. — , in the town of , county of , has lost by , the cOpy of Webster's International Dictionary heretofore furnished to said district by the state. District Clerk. Post office, Subscribed and SAvorn to before me this day of 19.— Send by express to • , care of ■ . Note. — The price of the dictionary must accompany the application. 336 SCHOOL LAWS OF WISCONSIN. No. 46. Form of application for re-supply, when dictionary previously furnished is ivorn out. Statu of 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 . The last two forms above can be altered to meet cifcumstancea, in case the application for a re-supply is for a graded school in a city or village. Dictionaries are not furnished free for a re-supply, but at the cost to the state, viz.: Indexed, $7.00. The money, or a money order, or a draft must in all cases accompany the application. It is better to send a money order or draft, as the state is not responsible if the money is lost. 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 office of the applicant should be given as well as the nearest express station. Dictionaries cannot be sent by mail. FORMS FOR USB OF TOWN AND SCHOOL OFFICERS. 337 FREE HIGH SCHOOLS. No. 48. Form of resolution proposing establisJiment 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 foUoAving 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 submitted to a vote at the annual town meeting (or, general election) to be held in said town on the ^ day of , 19—, (or, at a special meeting or election to be held on the — — - day of — , 19 — , which the town clerk is hereby required to call upon due notice). Dated this — - — — day of — ■ — —, 19 — ^. (Signatures of Board,) No. 49. Form of notice that foregoing resolution will he 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 elec- tion) 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 elec- tion members of the high school board will be chosen, to take 338 SCHOOL LAWS OP WISCONSIN. their offices if said resolution be adopted, the clerk for one year, the treasurer for two years, and the director for three years; their respective terms of office beginning with the annual town meeting. 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 c^ll 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 he forwarded to the state superintendent to secure participation in apportionment' to free Mgh 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 resolution to establish and maintain a free high school in said town (or towns, or school-district), and the per- sons 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 superintendent, and the names and examination papers of , pupils 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 , 19 — , and was conducted by . Dated at , this day of , 19 — ■. , Director, , Clerk, , Treasurer. Note. — With this certificate the examination papers of at least twenty- five pupils, residents of the high school-district, should be foi'warded. The character and scope of these examinations are commented upon in the high school pamphlet. FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 339 TOWNSHIP SYSTEM OF SCHOOLS. No. 51. Form of petition. To M S , Town Clerl^: The undersigned electors of the town of , hereby peti- tion that the question of township school government in said town may be submitted to the electors thereof, at the ensuing annual town meeting (or, general election). Dated this day of , 19- — . (Signed) — , Note. — The petition is to be signed by at least ten electors of tlie town. No. 52. Form of notice to he given hy toivn clerk. Notice is hereby given at the annual town meeting (or, gen- eral election), to be held in said town of ■ , on the day of , 19 — , the question of township school govern- ment in said town will be submitted to the electors thereof, a petition therefor having been presented to me signed by ten electors of said town. Dated this day of , 19 — . (Signed) , Town Clerk. 340 SCHOOL LAWS OP WISCONSIN. No. 53. Notice to parent or guardian to send child to school under the provisions of Chapter 446, Laws of 1907. State of Wisconsin^, County of — • , ss. The State of Wisconsin to You are hereby and herewith commanded to cause to be sent and to send regularly to some public, parochial or private school (Names of children) of whom you have the legal control within five days from the day of personal service of this notice, or if this notice is sent or served by registered mail, within five days from the day that it was deposited in the post office addressed to you, the child (or children) named above being between the ages of seven and fourteen years (or between the ages of fourteen and sixteen years and not regularly or lawfully employed as pro- vided in Chapter 523, Laws of 1907). And upon your failure to comply with this notice, you will be dealt with according to law. Given under my hand at this day of ' 19.... Sheriff, Deputy Sheriff or Truant Officer of County, Wisconsin. For your convenience and to enable you to immediately de- termine your duties, responsibilities and liabilities under this chapter 446, certain parts of said chapter are printed here. Section 439a. Any person having under his control any child between the ages of seven and fourteen years, or any child between the ages of fourteen and sixteen years not reg- ularly and lawfully employed in any useful employment or service at home or elsewhere, as provided by chapter 349 of the laws of 1903, shall cause such child to be enrolled in and to attend some public, parochial or private school regularly (reg- ular attendance for the purpose of this statute shall be an at- tendance of twenty days in each school month, unless the child can furnish some legal excuse), in cities of the first class dur- ing the full period and hours of the calendar year (religious holidays excepted) that the public, parochial or private school FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 341 in which such child is enrolled may be in session; in all other cities not less than eight school months; and in towns and vil- lages not less than six school months in each year, and all chil- dren subject to the provisions of this act shall be enrolled in some public, parochial or private school within one school month after the commencement of the school term in the district in which such children reside, except that in cities of the first class such children shall be enrolled at the time of the opening of the school which they will attend (and the word "term," for the purposes of this act, shall be construed to mean the entire time that school is maintained du.ring the school year) ; provided that this section shall not apply to any child not in proper physical or mental condition to attend school, who shall present the certificate of a reputable physician in general prac- tice to that effect, nor to any child who lives in country districts more than two miles by the nearest traveled road from the school house in the district where such child resides; provided that if transportation is furnished by the district this exemp- tion as to distance shall not apply, nor shall this section apply to any child who shall have completed the course of study for the common schools of this state or the first eight grades of work as taught in state graded or other graded schools of Wis- consin, and can furnish the proper diploma, certificate or cre- dential showing that he has completed one of said courses of study, or its equivalent. Instruction during the required period elsewhere than at school, by a teacher or instructor selected by the person having control of such child shall be equivalent to school attendance, provided that such instruction received else- where than in school be at least substantially equivalent to in- struction given to children of like ages in the public, parochial or private school where such children reside. Any person who shall violate the provisions of this section shall upon conviction thereof, be punished by a fine of not less than five dollars nor more than fifty dollars, together with costs of prosecution or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment in the discretion of the court, for each offpnse. It shall be the duty of the district at- torney and his assistants to prosecute in the name of the state all violations of the provisions of this section. Any person who shall be proceeded against under the provisions of this section may prove in defense that he is unable to compel the child under his control to attend school or to work, and he shall be thereupon discharged from liability, and such child shall be proceeded against as incorrigible, or otherwise, according to 342 SCHOOL LAWS OF WISCONSIN. law, and in case of commitment, if the parents or person having control of such child desire it, such child shall be committed to a school or association controlled by persons of the same reli- gious faith as such child, which is willing and able to receive and maintain it without compensation from the public treasury. When in any proceedings under this section there is any doubt as to the age of any child, a verified baptismal certificate or a duly attested birth certificate shall be produced and filed in court. In case such certificates cannot be secured upon proof of such fact, the record of age stated in the first school enroll- ment of such child or first school enrollment to be found shall be admissible as evidence thereof. No. 54. Form of application for special state aid as provided for in chapter 600, laws of i907, to l)e made hy the county or dis- trict superintendent to the school officers of the district. Wis., 19 ... . To County (or District) Superintendent of Scliools for County, State of Wisconsin. Dear Sir: District No , of the Town (or towns) of County of , State of Wisconsin, hereby makes application for special state aid according to the provisions of Chapter 600, Laws of 1907, and requests your approval of this application. We, the undersigned members of the school board of the above designated school district, being duly sworn, depose and say, each for himself and as a board, that the district has fully com- plied with all the provisions of Chapter 600, Laws of 1907, and with the requirements of the state superintendent as outlined in a department circular under date of August 10, 1907, inas- much as they have maintained an efficient school for the year ending June 30, 19 .... ; maintained the grounds and school building in good condition, furnished first, second and third supplementary readers, maps, globes, chalk and erasers, installed an edequate iind satisfactory heating and ventilating system, FORMS FOR USE OF TOWN AND SCHOOL OFFICERS. 343 and maintained the outbuildings according to the provisions of Chapter 232, Laws of 1907. P. Director (or President). P. Clerk (or Secretary). P. Treasurer (or Vice-president). Personally appeared before me the above named and made oath that the above statements are true according to their best knowledge and belief Important: This application should be sent to the County Superin- tendent between the fifteenth day of July and the first day of August and must be signed by the school officials in office at the time the re- port is made. No. 55. Form of inspection report to he made hy the county or district superintendent of schools to the state superintendent under the provisions of chapter 600, laws of 1907. District No , of the town (or towns) of County of Dates of inspection ; hours spent A. M ; P. M. . . . . ; No. enrolled . . . . , No. present 1. The teacher: Grade of certificate ; experience ; weeks at- tendance at institute ; interest in work ; efficiency: poor, fair, good, excellent. (Underline one word. ) Discipline ; conduct of recitation ; assign- ment of lessons ; spirit of school ; busi- ness efficiency of school Are pupils held to definite results? Is register properly kept? (Use words poor, fair, good, excellent, where these words will apply.) 2. General condition of grounds 3. General condition of building a. The floor ; the doors ; the windows ; the walls and ceiling ; the woodwork ; the shades ; the entry ; the cloak room ; the general appearance of room 23— S. L. 344 SCHOOL LAWS OF WISCONSIN. b. Condition of equipment: The seats and desks ; the blackboards ; the library books ; sup- plementary readers ; maps ; apparatus Is the school supplied with the minimum equipment of 1. Supplementary : Primers ; first readers ; sec- ond readers ; third readers Dictionaries : Academic ; international ; maps ; globes ; No. of square feet of blackboard ; height from the floor ; materials for busy work ; chalk and erasers ; library ease ; card catalog Is there an adequate and proper system of heating and ven- tilation? Does it work satisfactorily ? If home made, does it comply with specifications of department circular of August 10, 1907 ? Name of system Inside measurement of chimney ; size of fresh air in- take ; size of foul air outlet ; size of firepot ; size of room ; length ; breadth ; height Does the construction and location of the outhouses comply with the provisions of Chapter 232, Laws of 1907? Remarks : Make draft payable to Treasurer of P. Wis. To the State Superintendent: I, the undersigned, county (or district) superintendent of schools for the county (or district) of , State of Wisconsin, do hereby recommend that the attached application of district No . ., Town (or towns of , County of for special state aid be granted, said district having fully com- plied with the provisions of Chapter 600, Laws of 1907. This recommendation is made upon the basis of the inspection (or spections) of the school during the school year closing June 30, 19. ., as specified in detail in this report. Date . , . , County (or District) Superintendent, RURAL SCIHiOOLS, 345 Rural Schools — Special State Aid. (Chapter 553, Laws of 1907.) Section 496q. Wlienever the electors of any rural school district or sub -district shall direct the board to close the district or sub-district school and provide transportation and tuition for all persons of school age who may- attend such state graded school or the grades below the high school in the free high school district, each such rural district or sub-district shall receive special aid in the sum of seventy-five dollars annually upon complying with the following conditions : (1) Transportation shall be provided for at least thirty-two weeks, including legal holidays. (2) The average daily attendance of the pupils transported from any district or sub-district to any state graded school or free high school district, under the provisions of this act shall be eighty per cent, of the entire number enrolled for transporta- tion during each term of school. (3) Each driver contracted with shall be of excellent moral character, trustworthy and responsible, and shall furnish a safe team with a suitable and comfortable conveyance, well sup- plied with protections against stormy and inclement weather. (4) The clerks of each district or sub-district taking advant- age of this act shall make a special report to the state superin- tendent of public instruction showing that the above conditions have been complied with. Section 49 6r. The school district board shall embody in the notices of every annual or special meeting at which any or all of the above matters are to be considered, a statement to that effect, that the question of transportation of children will be voted upon, said notices to be posted as provided for in sections 426 and 427 of the statutes. Section 496s. The sum of five thousand dollars is herehy appropriated annually from the general fund of the state treaS' 346 SiOHDOL LAWS OP WISCONISIN. ury to enable the state superintendent to meet the provisions of this act; the above sum, or so much of it as may be necessary, to be apportioned in a special apportionment on or before the first of November of each year. Section 496t. Each district taking advantage of this act, shall receive the same apportionment of the state and other taxes as provided by law, as would have been received had the school been maintained in the district. Rural school inspector. (Chapter 499, Laws of 1905.) Section 1. The state superintendent is hereby authorized to appoint a competent and suitable person as an inspector of rural schools. It shall be the duty of said inspector to visit and in- spect, as far as practicable, the rural schools of each county in the state and to procure information concerning the rural school districts. This inspector shall assist the state superintendent in preparing such special reports to the governor and legislature, bearing upon the conditions and needs of rural schools as may be advisable. It shall also be the duty of this inspector to con- fer with each county or district superintendent concerning the condition of the schools in his county or district ; to consult with school officers, patrons and teachers in regard to school manage- ment, discipline, branches of study, school law and school sanita- tion and by public lectures, conferences and meetings endeavo'r to arouse an intelligent interest in industrial and agricultural education, as well as in the usual routine work of the elementary rural school. The inspector provided for by this chapter shall work under the direction of the state superintendent and shall report to him as often as may be deemed necessary, concerning the conditions found in the schools and districts inspected and of the work done in the discharge of his duties. When the rural schools are not in session, said inspector shall be assigned to other duties by the state superintendent. Section 2. The inspector of rural schools shall receive as an annual salary $2,250 and shall be reimbursed for all actual and necessary traveling expenses when duly certified by the state superintendent. Such salary and expenses shall be paid out of the appropriation to the common school fund income provided for in chapter 313 of the laws of 1903. INDEX. ACADEMIES— Page incorporated to report to state superintendent 282 ACCEPTANCE — must be in writing and filed with tlie district clerk 4 of district ofiice by two officers necessary to organization of district 4 of scliool district ofiQce 35 ACCOUNT — of district board for expenses to be presented to district meeting for allowance 41 of school board to be examined 20 of district treasurer — to be examined 11 to be kept by the district treasurer , 65 of town board of school directors — to be examined 182 of state university to be examined 229 of state normal schools to be examined 220 "actions— against county superintendent for neglect to make report 265 against county treasurer, by town treasurer 115 against district clerk for neglect to make report 265 against district treasurer, by director 64 against town clerk for neglect to make report 265 against town treasurer, by district treasurer 67 director to appear in, for district 64 director to commence, on treasurer's bond 64 may be brought by an elector in certain cases. 54, 267 to be brought by chairman or director of board of education 64 to be brought for recovery of forfeitures by director — by the treas- urer 266 to be brought by truant officer 55 to be brought under the compulsory law 51, 55 ADJOURNMENT— of school district meeting, notice of, when for a longer time than one month 12 of school district meeting from time to time either annual or special 18 ADMISSION— of non-resident pupils to county training schools for teachers 200 of non-residents to free high school 153 of pupils from other districts. . . . v 24, 26-27, 280 of persons over twenty into public schools 24, 49 348 INDEX. AFFIDAVIT— Page must accompany appeals 1 144, 263, 261-262 must accompanj- statement of county superintendent to county clerk 104 must accompany applications for aid to state graded schools 174 ■ must accompany application for aid to union free high schools. . . . 171 must be made by county superintendent to statement of number of teachers 101 must be made to application for dictionaries 272 must be made to high school report for aid 159 must be made to statement of high school tuition . . ; . 154-156 of district clerk to be attached to his annual report 108 to statement of taxes voted 119, 143 AGE OF CHILDREN— entitled to attend school free 108, 295 must be taken and included in the census 108-109, 111-112 AID— state, for instruction of deaf mutes 206 state, to county training schools 198 state, to graded schools 174 state, to manual training departments 162-163 state, to free high schools 148-149 state, to schools of agriculture and domestic, economy 203 state, to union free high school 171 state, to first class rural schools 177 state, to mining trade schools 216 state, to day schools for the deaf 206 , state, to day schools for the blind 208 ALTERATION— of proceedings of district meetings 28 AGRICULTURE— schools of agriculture — how established 202 teachers to be examined in elements of 71 to be taught in common schools , 68 AGRICULTURE AND DOMESTIC ECONOMY— boards provided for 203 county superintendent to be secretary of board 203 county treasurer to be treasurer of board 204 inspection of schools 205 schools, how established 202 state aid to 203 shall be free to residents of the county 205 two counties may unite in establishing schools of 204 ALTERATION OF SCHOOL DISTRICTS— appeal may be taken from action of supervisors, etc 260 in town and village 9-10 notice of meeting of supervisors to consider 5 notice of, to be filed with town clerk and district clerk 6 not to take effect between the first day of December and the first day of April following 6 of joint districts, how made 3, 7, 8 of joint districts, embracing villages and cities 9-10 INDEX. 349 ALTERATION OF SCHOOL DISTRICTS— continued Page of sub-districts, how made 180-184 return of service of notice to be filed witli town and village clerlis 6 to be made by town board of supervisors 1-2 when consent of land commissioners necessary 129 AMENDMENTS— to laws, furnished to school districts 113 ANNUAL DISTRICT MEETING — of board of education in cities of the first class 237 of board of education in other cities 255 may vote to adopt free text books 30 may vote to establish kindergartens 30 may vote to close school, pay tuition, transport pupils, etc 26-28-183 may elect school board of seven members 19-20 may designate school house site 21 may vote tax for buildings, sites, repairs, fuel, etc., 22-183-186 may vote tax for teachers wages 22-186 may vote tax for paying for bond of treasurer when furnished by surety company 23 may vote tax for blackboards, maps, etc 23-186 may vote to change from board of seven members to three members 31 may authorize the board to borrow money 121 (See Borrowing Money) 24-121, 122-127 must elect officers by ballot 18 must provide for additional room and teacher in certain cases .... 26 must appoint auditing committee 20-182 notice for, how given 12 order of conducting business of the meeting 31-34 proceedings on challenge . . 16-17 qualifications of voters 13-14-15 to adjourn from time to time 18 to determine length of time school shall be taught 25 vote tax to compensate clerk, director and treasurer 28, 182 when to be held 11 who may vote 13 women may vote 14 ANNUAL REPORT— of auditing committee, — district system 20 of auditing committee, — township' system. ... 1 182 board of regents of the state normal schools 224 board of regents of the University 227 of city superintendent 113 of city clerk 113 of clerk of board of education 112 of clerk or secretary of board of day schools for the blind 208 of clerk or secretary of board of day schools for the deaf 206 of clerk of free high school board — manual training 162 of clerk of free high school board 152 of county superintendent 104-106, 112 of district clerk 108-110 of district treasurer 65 of secretary of town board of school directors 185 of secretary of country training school board 195 of secretary of county school of agriculture 203 of sub-district clerk 190 of town clerk Ill of union free high school board, to report to annual meeting 169 of village clerk 112 350 INDMX. ANNULMENT— Page notice thereof to be filed with town and district clerk 79 of teacher's certificate by county superintendent 79, 98 of teacher's state certificate by state superintendent 84 of teacher's certificates by city superintendent 79 APPARATUS — accounts for — to be voted upon at school meeting 41 amount expended by board limited to 100 dollars 41 purchase of, by town board of school directors 183-18* purchase of, by district board 40-41, 45 purchase of to be approved by school board at full meeting 41 tax to be voted for 22-23 to be approved by state or county superintendent 41 APPEALS — decisions to be made within thirty days after the hearing thereof is closed 260 effect of, from judgment against district 144 from action of supervisors in condemning school site 132 from decision of school district board 260' from refusal of county superintendent to grant certificate may be taken by applicant 76, 260-263 may be taken by persons aggrieved by supervisors altering districts 260 no reversal of decision rendered after thirty days 260 rules respecting 260-261-262-263 APPENDAGES— board to provide for the school house 40-41-42, 45, 184 APPLICANTS— examination of by county superintendent for teachers' certificates. . 71 examination of by board of examiners for state certificates 80 for certificates and licenses granted upon graduation from univer- sities, colleges, normal schools, kindergarten training schools, manual training and domestic science departments (See Certifi- cates) 81-85, 87-88 APPLICATION— for aid to first class rural schools 178 for aid to state graded schools 173 for aid to county training schools 197 for aid to free high schools 147 for aid to agricultural schools 202 for loan by school district 123-124, 125-126 of interest on school fund 294 of money from state apportionment 299 of money for schools in township system 183 of money received on division of district 9 of money for aid to deaf schools 206-207 APPOINTMENT— of boards of education in cities.' 234, 251 of city superintendents 94 of truant officers 52 of sub-district clerks 191 to fill vacancy on school board 37 INDEX. 351 APPORTIONMENT — Page correction of 298 of aid to county agricultural schools 203 of aid to day schools for the deaf 206 of aid to day schools for the blind 208 of aid to first class rural schools 177 of aid to manual training departments 163 of aid to state mining schools 216 of taxes to free high school 157 of school fund by state superintendent. . 296-297, 300, 304 of school fund income, notice of 297 of school money by town clerk 114 supplementary, to free high schools 160 to free high schools may be withheld 159 to high school districts 148-149, 159 to union free high schools 171 APPROVAL— by city council of change of text books in cities 63 of treasurer's bond by clerk and director 65 of application for special aid to first class rural schools 178 of course of study in manual training department 163 of courses of study in county training schools for teachers by state superintendent 197 of courses of study and qualifications of teachers in county schools of agriculture 202 of plan for schoolhouses 284 of qualifications of teachers in free high schools 153 of qualifications of teachers in union free high schools 171 of school apparatus 40-41 of standard of attainment, fixed by county superintendent for teachers' certificates 75 of teachers' qualifications — special branches 79 of teachers' qualifications in county training schools 197 ARBOR AND BIRD DAY — how proclaimed 274 pamphlets published 304 ASSESSMENT— compensation to assessors 117 in joint district 117 of district taxes 117-120 ATTAINMENTS — approved by the state superintendent '...... 75 standard of, to be established by county superintendent 75 ATTENDANCE — at city superintendents' convention 95 at county superintendents' convention 103 -- at school 50 compulsory, between the ages of seven and fourteen 50-56 of teachers at teachers' association 90 on institute by teacher, without deduction from wages 90 state graded schools 172 school oflicers, at school board convention lOS 352 INDECX. . BLACKBOARDS— Page board to purchase — SO square feet 40-42 tax for purchase of 23 BLANKS— for reports to be furnished by state superintendent ,113 for reports of attendance of pupils 53-54 BOARD- (See Board of Education.) (See Board of County Training Schools for Teachers.) (See County Board of Supervisors.) (See District Board.) (See Town Board of Directors.) (See Town Board of Supervisors.) (See Trade School Board.) (See Trade Mining School.) (Board of Examiners.) BOARD OF EDUCATION— CITIES OP THE FIRST CLASS (MILWAUKEE). Common and high school boards in cities of the first class — to take oath of office — when elected — when to meet — number of mem- bers on board — length of term — vacancies — how filled — mem- bers, how nominated — may be removed from office — quorum — duties and powers — duties of the secretary — board to report to the common council — no member to be interested in any sale or purchase of real or personal property by the city — to provide school buildings when approved by city council, etc., etc., etc. 234-246 BOARD OF EXAMINERS— compensation of memliers 81 may recommend the issuance of special licenses in certain cases . . . 82-83 may recommend recognition of kindergarten certificates and di- plomas in certain cases 85-86 may recommend recognition of manual training and domestic sci- ence certificates and diplomas in certain cases 87-88 may recommend the state sup'erintendcnt to grant special licenses in certain cases 88 meetings, when, wlaere 80 payment of expenses in conducting county superintendent's exami- nation 107 shall be appointed by state superintendent 80 shall examine applicants for county ' superintendents' certificates.. 106 shall recommend recognition of certificates granted by other states 81 shall recommend the issuance of state certificates based on diplomas 83 BOARD OF REGENTS OF NORMAL SCHOOLS— accounts — how made 220 compensation of 219 incorporation and organization 217 meeting — quorum 218 officers of 218 powers of ' 217, 221-222 removal of, disqualification of officers 218 report 224 shall cause accounts to be examined 220 their terms and vacancies , . ; , glj INDEX. 353 BOARD OF REGENTS OP UNIVERSITY — Page accounts against 228 duties of 226 expenses of 233 incorporation and organization of 225 may accept gifts and donations to university 280 may maintain summer school 233 meetings of — quorum 226 officers and powers of 225 reports of 227 siaall cause accounts to be examined 229 BOARD OF EDUCATION IN CITIES UNDER GENERAL CHARTER LAW — annual meeting of board — wben held — powers of board 256-257 ballots — how printed — vote — how taken 253 board — when appointed by mayor to consist of one commissioner from each ward and three at large 253 Doard — when elected by the people 253 change from city system to common district system — how made. . . 255 duty of city clerk to ascertain tax rate and notify proper officers. . . 254 duty of treasurer to collect tax 255 duties of common council and board of public works 258 election of officers 256 monthly and special meetings 257 S|Chool buildings — estimate of expenses 257 schools — how supported — what property to be taxed 254 vacancies — how filled 254 women on school boards 259 BOND— of county superintendent 96 of district treasurer 64-65 of treasurer of free high school board 152 of treasurer of union high school board 171 to cover lease of site 134 United States bonds, school funds may be invested in 275 BOOKS— dealer who furnishes library books to be selected by committee. . . . 140 register, to be furnished by district clerk 67, 90, 186 records and other purposes, to be purchased by district board 41 to be furnished to indigent pupils 41 text, adopted by boards of education 62 text, may be purchased by district board 25 text, purchased by city boards of education 63 text, to be determined by district board 62 vote on free text books 30 BORROWING MONEY — authority to be given by electors 121 application for loan must be made at regular board meeting (note) 36 applications for loans from trust funds 125 by ordinary school district 24 for teachers' wages 123 for building school house 121 for refunding indebtedness 122 for meeting unusual conditions 121 for principal and interest on loans 121 for what length of time borrowed 121-123-124 354 INDEX. BORROWING MONEY — continued Page liability for loans from trust funds 129 of free high school district 123 payments — when made to trust funds 125 , under township syste?m 125 BRANCHES OP STUDY — additional, may be taught 69 examination in, for county certificate 71-72-73 examination in, for state certificate 80-81 examination in additional, for county certificate 74-75 for kindergarten county certificate 86 BULLETINS— farm institutes — how distributed 141 CADETS— MILITARY SCHOOLS OR DEPARTMENTS— graduates, rank of 283 inspection of 288 inspection ofiicer, report of 283 inspection, suspension from 283 CERTIFICATE— branches required 71, 73 certificate of amount due free high school to be made to secretary by state superintendent 148 county superintendent's, provided for 106 diplomas of graduates of state normal schools, Milwaukee high school, state university and other colleges converted into teach- ers' state certificates 81-89 duration of county certificates 71-73 first grade, what studies applicants for, must be examined in. .... . 71-73 foreign, may be recognized 83-84 limitations 71-73 manual training, domestic science 87-88 may be granted on transferred papers 75 of graduates of free high schools may be countersigned and have force of first grade certificates for five years 77 of judgment against school district 143 of land taken for school house site 132 of qualification granted to teachers 71-89 of town treasurer to district clerks of amounts paid to district treasurers 162 of value of school house, etc 9 second grade, what studies applicants for, must be examined in. . . . 71-72 state, shall be recorded by state superintendent 80 state superintendent shall issue to graduates of University of Wis- consin and Wisconsin normal schools 82-83 state superintendent to grant, to teachers in manual training de- partments 162 teachers,' duration of first and second grades extended 71-73 teachers', how annulled 79-80, 84 teachers', limited as to time and place 71-73 teachers', standard of attainment required for 75-81 teachers', state, conditions of 81-89 teachers', transfer and renewal of 73-74 teachers,' who not to have 71 INDEX. 355 CERTIFICATES — continued Page third grade, what studies applicants for, must be examined in 71 three grades established 71 to be granted to free high school teachers 160-161 to graduates of county training schools 198-199 CHALLENGE— of voters 16-18 CHARGES— against teachers, made in writing 79 CHILD LABOR LAW 56-61 CHILDREN — crippled, to be admitted to state public school 281 employment of 56-61 of town or county poor, how educated 274 to attend school free of tuition 24, 295 to be enumerated in school census 108, 190 truant, to be placed in school 55-56 CITIES— clerk or clerk of board to report to county superintendent 112 council to approve changes in textbooks 63 districts lying in, how altered 9 general charter law 251-259 instruction of deaf children and blind children 206-208 no part of city, to be embodied in new joint districts 9 of the first class, school boards in 234-236 of the first class, teachers' retirement fund 247-250 CITY SUPERINTENDENT- duties of 94-96 eligibility, qualifications required, how appointed 94-95 not to engage in other business 94 to attend convention 95 to furnish information of blind or deaf persons 105 to include statement of deaf and blind children report to county board 106 to report to state superintendent 112 CLAIMS— discounting of, by. public officer 269-270 CLERK— (See District Clerk, Town Clerk.) COLLEGES— incorporated, to report to state superintendent 282 COMMITTEE— executive committee of school directors 182, 184 to examine accounts of school board 20-182 to make contracts with firm or dealer for library books, periodicals, etc 140-141 to require bond of successful bidder 140-141 to be composed of state superintendent, attorney general and sec- retary of free library commission 140-141 356 INDEK. COMMERCIAL SCHOOLS— ' Page state superintendent authorized to fix course of study in certain cases 275 COMMON SCHOOLS — exercises in, must be conducted in tlie English language 68-69 fund, how distributed 295-296-298-300 government of • • . . no sectarian instruction to be allowed therein 295 ■ to be free to children of certain age 295 to be maintained eight months in each year, or not share in fund. 296-297-299 what shall be taught in 68-69 COMPENSATION — of city superintendent 94 of clerk, director and treasurer limited 28 of county superintendents 96 of county judge for services in removal of officer 267 to land owners for school house site 132-133-134 of members of board of examiners 81 of members of the town board of school directors 181 of normal school regents 219 of president and vice-president of the executive committee 182 of secretary of town board of directors 181-182 of town clerks for distributing library books 139 of truant officers 56 of university regents 233 COMPULSORY ATTENDANCE LAW — action brought in name of the state 51 age of child — how determined 52 amount of penalty for violation of attendance law 51 children between 7 and 14 to attend school regularly 50 children between 14 and 16 must attend school unless lawfully em- ployed 50 children must attend some public, private or parochial school 50 children to be enrolled at commencement of term in cities of first class 51 children must be enrolled within one month after commencement of term in towns, villages and cities 51 children who live more than two miles from school exempt from law 51 children physically or mentally defective exempt from law 51 children who have completed common school course exempt 51 children who have completed eighth grade in village or city exempt 51 children instructed properly elsewhere than at school exempt 51 child may be proceeded against as incorrigible 52 child may be committed to school of preferred religious faith 52 conditions exempting children from provisions of attendance law.. 51 complaint to be made to .justice of the peace or other officer 55 clerk must deliver one copy of school census to teacher on opening school 53 clerk must send one copy to the county or city superintendent on or before July 15th of each year 53 clerk to report to two superintendents in certain cases 53 clerk in cities having more than 2,000 population or more not re- quired to furnish copies of census 53 clerks' offices to be open at all reasonable hours 53 county superintendents to notify truant officers of cases of delin- quency 55 county superintendent to keep record on file in his office 55 INDEX. 357 COMPULSORY ATTENDANCE LAW— continued Page county superintendent to require report from teachers 53 distance from school does not exempt when transportation is pro- vided 51 duties of school officers as to the school census 52 duty of district attorney and assistants to prosecute in name of the state 51 equivalency of instruction 51 enrollment — when and for what length of time 51 forfeiture may be sued for by voter 54 incorrigibility may be set up as defense by parent 51 liability of teachers for neglect to report and to keep records of at- tendance 54 liability of parents 51 liability of truant officers 269-270 liability of other officers 54 must attend full term in cities of the first class 50 must attend regularly for at least 32 weeks in other cities 51 must attend regularly for at least 24 weeks in villages and towns. . 51 notice to parent by truant officer 55 prosecution to be made by district attorney or assistant 51 reports — to be made by teachers 54 reports — to be made by superintendents 55 reports — what to contain 53-55 reports — to be made by school clerks 52 sheriffs and deputy sheriffs to be truant officers in cities of less than 2,000, villages and towns 52 sheriffs and deputies — how compensated as truant officers 56 truant officer — how many in cities flrst class 52 truant officers appointed in cities of 2,000 or more 52 truant officer — duties of 52 truant officers to proceed against delinquent parents or children... 52 truant officers, who shall be in cities of less than 2,000 . 52 truant officers in towns and villages 52 truant officers to secure information from census reports 53 truant officers to examine records in private and parochial schools. 53 truant officers to be notified of truancy or irregular attendance... 54 truant officers to receive reports from county and city superinten- dents 55 truant officers to notify delinquent parents or guardians 55 truant officers to make complaint against delinquent parents 55 truant officers have power to apprehend without warrant 56 truant officers to.be assisted by school officers, teachers, city and county superintendents and other persons 56 teachers must report to proper superintendents 53 teachers in high schools exempt from reporting" 53 teachers in private and parochial schools may make reports 54 teachers in cities of 2,000 or more not required to report. 54 teachers in private and parochial schools shall keep a record of at- tendance 54 teachers in private or parochial schools to furnish information 54 teachers in private or parochial schools liable to penalty for failure to keep record 54 voter may receive one-half the amount of forfeitures recovered. ... 55 CONSTITUTIONAL PROVISIONS— in regard to common schools 294-295 in regard to school funds 294-295 in regard to state superintendent 294 358 INDEX. CONSTITUTIONS— - Page to be taught in common schools 68 CONTRACT— WITH TEACHER — certificate to be attached thereto. . 48, 184 shall terminate 48, 184 to be filed with clerk 48, 184 what shall be specified in 48, 184 when not valid 48, 184 CORRECTION— of apportionment 298 COUNTY BOARD— must allow county superintendent's traveling expenses 97, 104 must allow county superintendent's expenses for stationery and trav- eling 97, 104 to allow certain amount to district for each public charge 274 to approve bond of county superintendent 97 to audit bill of expenses of county superintendent ; 97 to levy school tax upon the towns 300 to provide for county training school 196-201 to provide for county agricultural school 202-205 COUNTY SUPERINTENDENT— certificate, examination for 106 compensation of, fixed by county board ' 96 eligibility to office 96-104-107 liability for neglect to make annual report 265 may accept final normal school standings 78 may accept transferred papers 75 may appoint deputy 103 may countersign high school diplomas 77 may demand examination in additional branches 74, 75 may give applicant private examination 102 may purchase dictionary from state superintendent 273 may require re-examination 76 must be allowed actual traveling expenses 96-97 not to act as agent for author, publisher or bookseller 266 not to teach, engage in other profession, or absent himself from county 104 removal of, from office 267 residence and office of 104 salary may be fixed by statute 96 salary, supervisor to fix 96 to annul teachers' certificates 98 to attend annually one convention of county superintendents 97-103 to be elected on first Tuesday in April 93 to be secretary of training school board 196 to be secretary of board, school of agriculture 203 to be reimbursed actual expenses in attending county superin- tendents' conventions 97-103 to certify names and numbers of library books selected to county clerk 138 to declare school house unfit for use 100 to direct school board to make repairs ; . . . 99 to establish standard of attainments for his county 75 to examine and license teachers 98 INDEX. 359 qOUNTY SUPERINTENDENT — continued Page to file notice of annulment of certificate with town and disti'ict clerk . .... 'i'9 to form inspection districts and hold meetings 101 to furnish information of blind or deaf persons 105-106 to furnish lists of library boolis to town, city and village clerks. . . . 138 to give bonds ' 96 to give notice of complaints against teachers 79 to give written statements on demand to applicants refused cer- tificates 76 to hold school board convention 102 to make and keep list of library books .....; 137 to hold examinations at county seat. • • • • 101 to hold institute • • 100 to hold at least one meeting for examination of teachers in each in- spection district annually 101-102 to keep record of moneys paid out 100-101 to notify county clerk to draw order on county treasurer 138 to notify district clerks of time and place of meetings for examina- tion of teachers 102 to pay over moneys to successor 270 to preserve examination papers 75 to report annually to county board and state superintendent. . . 104-105, 112 to report number of children to county clerk and county treasurer. . 112 to select library books 136 to visit schools 99 traveling expenses 96-97 COUNTY SCHOOLS OF AGRICULTURE AND DOMESTIC ECONOMY.. 202-205 COUNTY TRAINING SCHOOL FOR TEACHERS — apportionments 200 appropriation for 201 boards provided for 196 certificates to graduates of 198 county superintendent to be secretary of board 196 duty of state superintendent 197-198-199 how established 196 inspection of 197 joint training school districts, cost of, how apportioned 200 ■ - moneys for, how paid 197 number that may be organized 197 officers to give bond, to subscribe an oath . 196 tuition, non-resident, how collected, who may attend. . 200 vacancies in board — how filled 196 COUNTY TREASURER— . S how to dispose of money uncalled for 299 to apply to state treasurer for school money apportioned by state superintendent 298 to be treasurer of board, schools of agriculture 204 to be treasurer of county training schools. 197 to collect taxes 120 to give notice to town and city treasurers 298 COURSES OP STUDY— in county schools of agriculture 202 in county training schools for teachers 198 in free high schools — shall include certain branches 77, 160 24— S. L. 360 INDEX. COURSES OF STUDY — continued Page in union free higli scliools 77, 160 in state graded schools 175 theory and art necessary before liigh school diploma can be counter- signed • 77 DAY SCHOOLS FOR THE BLIND— (See Day Schools for the Deaf.) special aid for 208 to give instruction in music and manual training 208 DAY SCHOOLS FOR THE DEAF — annual reports, when due 206-207 aid for transportation and board 206-207 apportionment 206 board of education to have control of 206 compulsory attendance 207 duty of inspector 207 duty of district attorney to prosecute in case of failure to comply with the law 208 in villages and cities 206 state aid for 206 teachers of, qualifications approved by state superintendent 206 DEBTS— (See Borrowing Money.) how paid — liability for 129 of dissolved districts, how paid 10 of school district, tax may be voted for 23 rates of interest 123^124 times of payment 121, 122, 123, 124 DEPUTY COUNTY SUPERINTENDENT— how appointed . . , 103 qualifications of 103 DICTIONARY — money received from sale of, to be paid to state treasurer 274 to belong to district library 273 Webster's may be furnished school districts by state superintendent. 272 DIPLOMA— (See State Certificate.) DIRECTOR— length of term 35 to appear for the district in all actions 64 to approve treasurer's bond 64 to be elected by ballot 18 to countersign orders drawn by clerk 64 to file certificate of appeal from judgment 144 to forfeit sum for countersigning unauthorized orders ' 266 to prosecute district treasurer 64 to sue for forfeitures 144, 266 with clerk to demand additional bond from treasurer 65 DISTRIBUTION — of income of school fund 296-299 INDEX. 361 DISTRICT— (See School District.) DISTRICTS— (See School Districts.) Page superintendent, county board may divide 95-96 superintendent, effect upon cities 95-96 superintendent, wliat sliall constitute 95-96 DISSOLVED DISTRICT — property of 10 DISTRICT BOARD— (District System.) (For Township system see Town Board of School Directors.) all three members must be present at meeting — when 41-46-47 board meetings — how held 36 duty and power to adopt and change textbooks 62 duty and power to hire teachers 47 duty and power to permit foreign language to be taught 69 duty and power to insure school property — to execute note for pre- mium 63 duty and power to make rules for government and conduct of the school 49 duty and power to hire and contract with qualified teachers 47 may admit non-resident pupils 24 may consist of seven members 19 may enter into and organize insurance company to insure school building 275 , may grant use of school house 40 may levy tax for school purposes 47 may levy tax for outhouses 46 may make provision for teaching physiology and hygiene 69 may permit admission to entertainments to be charged 40 may provide for kindergartens 69 must admit non-resident pupils under certain conditions 280 must furnish all necessary appendages, apparatus, etc 40-41 must furnish suitable outhouses 46 must have care and keeping of school property 40 must hold board meeting on Saturday before annual meeting 11 must keep the school house in good repair 40 must present account of expenditures to electors at annual meetings 41 must provide for at least eight months' school 47 must purchase suitable record books, blanks, etc., for keeping ac- counts and records of the meetings of the electors and of the district board 41 must purchase United States flag and provide for its care 40 must purchase and care for books furnished under the free textbook system 40 must secure approval of plans for school buildings 284 of city or village to publish proceedings 37 terms of office — acceptance of 35, 265 to consist of three members 85 to construct schoolhouses with doors swinging outward 268 (Note. — Doors need not open outward in one-story buildings.) to hold regular meeting of board with all members present to make purchase legal 41 to keep buildings in sanitary condition 46 to provide library catalog cases, cards, etc 31 362 INDEX. DISTRICT BOARD — continued Page to provide heating and ventilating apparatus 41 to provide supplementary readers 41 to purchase or lease site and erect school house when duly author- ized by electors 39 to report at annual meeting 11 to screen outbuildings 46 to visit and supervise school 63 vacancies — how fiUed^acceptance 37 vacancies — how filled by election 18 vacancies— how filled by appointment by remaining members 37 vacancies — how filled by appointment by town or village or city clerk 37 vacancies — how they may occur 37-39 (See Note.) when and how elected 18-35 who shall constitute 35 women may be officers 259^ 274 DISTRICT CLERK— compensation may be voted at annual meeting 28 length of term. . 35 liability for neglect to make annual report 265 may subscribe for Journal of Education 272 of high school, to make report 152 of sub-district, duties of 190 of sub-district, shall be member of town board 190 of sub-district, shall have charge of school-house 190 of sub-district to act as secretary of meetings 190 of sub-district, to give notice of annual meetings. 191 of sub-district, to report to secretary of town board 191 shall have access to treasurer's books 65 to act as clerk at district meetings 67 to approve treasurer's bond 65 to be elected by ballot 18 to call special meetings 12 to certify to town clerk statement of taxes 119 to demand additional security from treasurer 65 to draw orders on district treasurer 67 to enter mmutes of meetings, etc 67 to file teacher's certificate of attendance on institute 90 to forfeit sum for drawing unauthorized order 266 to furnish school register 67 to include moneys due new district in statement of tax made to town clerk , 9 to include the name, age and sex of each person of school age resid- ing in the district in annual report 108 to make record of orders drawn 67 to make report to town, city or village clerk . 108 to notify persons of election or appointment to office 68 to post notice of annual meeting. . , 12 to report amount of money received, sources from which and man- ner of expenditure . 109 to report name and ppstofflce of district officers to town clerk 67 with director to demand additional bond of treasurer 65 DISTRICT LIBRARY — (See Public School Libraries.) fund, how obtained 24, 136 INDEX. 363 DISTRICT LIBRAE Y— continued Page of adjoining districts may be united 135 (Note : See List of Boolfs for Townsliip Libraries Issued by this Department — 1910.) tax may be voted for 24 title to be vested in district • • ■ • 135 to be in cliarge of librarian 135 under townsliip system 142 DISTRICT MEETINGS — (District System.) (See Electors of School Districts.) annual, notice for, how given : 12 annual, when held , 11 first one, how notified 2 special, how called 12 to authorize board to borrow money 24,121-130 to authorize purchase of test-booka 25 to be called by town supervisors in certain cases 8 to determine time school shall be taught 25 to direct sale of property 23 to vote tax for teachers' wages 22 who may vote 13-16 DISTRICT OFFICERS— who shall be 35 duties of (See District Board.)" clerk (See District Clerk.) director. (See District Director.) treasurer (See District Treasurer.) DISTRICT PROPERTY — board have care of 40 how divided on division of district 8 of dissolved district 10 sale of, authorized 23, 39, 183 DISTRICT TAXES— assessment and collection 117-120, 187, 188, 195 for providing free transportation of pupils 25-2T how apportioned 187 limit of, for all purposes 29, 187-188 limit of, for building, hiring or purchasing schoolhouse 22 limit of, for district library 24 limit of, for teachers' wages 22 to compensate the clerk, director and treasurer 28 to levy tax to meet indebtedness 23, 121-123 DISTRICT SCHOOLS— (See Common Schools.) establishment provided for 295 tuition ; sectarian instruction 295 what studies shall be taught in 68-69 DISTRICT TREASURER — length of term 35, 64, 150 neglect to file additional bond 64 of free high school to give bond 152 of free high school to pay out moneys 157 364 INDEX. DISTRICT TREASURER— continued Page to apply certain tax to payment of debt 122 to be elected by ballot 18 to deliver books, papers and moneys to successor 66, 270 to execute and file bond 64 to give additional security when demanded by director and clerk. . 64 to keep accounts 65 to pay money on order of clerk 65 to prosecute for forfeitures in certain cases 266 to prosecute town treasurer 67 to receive high school aid 148 to receive money from town treasurer '. 65 to report to annual meeting 65 when selected 18 who may not be 64 DIVISION— I : > I 1- '• of joint libraries 135 of property 8 of school districts 2-3, 5-7, 9, 180, 195 DOORS— to open outwardly 268 (Does not apply to one story buildings.) DUTIES — neglect of 119, 265-272 of assessors 117-119 of board of regents of normal schools . 217-224 of board of regents of university 225-233 of county superintendent • 55, 98-105, 112, 267 of county treasurer 298 of district board 35-49 of district clerk 52, 67-68, 119 of district director 64 of district treasurer 65-67 of electors 18-31, 121-126, 186-189 of executive committee 184 of high school board 152 of voter to sue for forfeiture 54 of parents and guardians — truancy law 50-51 of secretary of town board 184-185 of state superintendent 296, 302-306 of sub-district clerk 190 of town officers 1-11, 114-116 of town clerk 114, 120, 298 of town treasurer 115, 189 of truant officers 52-56 of city superintendent 94-95, 112 of district attorney 51 of factory inspectors 56-61 ELECTION OP OFFICERS— at annual district meeting 18-19-35 of free high school district 150 of union free high school district on the third Wednesday of March 167 of sub-district free high school 150 of sub-district clerk 189 of executive committee of town board of schoOl directors. ,....,,, 181 INDEX. 365 ELECTION OF OFFICERS— continued Page of county superintendent 93 of city superintendent 94 of state superintendent 294 of county training scliool board 196 of county agricultural board 203 of mining trade school (appointed by governor) 213 ELECTORS OF SCHOOL DISTRICTS — to hold annual meeting 18 to hold special meeting 12 to elect officers 18 to adjourn from time to time 18 to increase members of school board to seven 19 to decre'ase members of board from seven to three 31 to appoint committee to examine accounts of board 20-182 to designate site for schoolhouse 21 to levy taxes 22-24, 26-28, 30, 121-123, 170-186 to authorize the board to borrow money 24-121-130 to vote for free text books 30 to provide kindergartens . ; 30 to alter or modify their proceedings 28 to authorize purchase or sale of school property 23 to levy tax to compensate school officers 28 to give direction for prosecution or defense of suit 28 to authorize board to provide for transportation and payment of tuition 26-28, 183 to determine length of school terms 25 to authorize admission of non-residents 24 to provide additional room and teacher 26 to vote on expenditures made by district board 41 ELIGIBILITY— to office of county superintendent 92 to office of city superintendent 95 EMBEZZLEMENT — punishment for 66, 269-270 what constitutes 66 EQUALIZATION OF TAXES— by town board of assessors 117-118 penalty for refusing to perform duty 119 ESTABLISHMENT — of county training schools 196-201 of county schools of agriculture 202-206 of day schools for the deaf and the blind 206-208 of free high schools 145-147 of mining schools 213-216 of schoolhouse sites 131-134 of trade schools ,. . 209-212 of union free high schools 165-166 EXAMINATION — as principal of free high schools 80 for county superintendents' certificates 106 for teachers' state certificates ..,..,,.,..,.,......,....., 80-8 J 366 IN'DEK. EXAMINATION — continued Page for county teachers' certificates .■ . 71, 79 in additional brandies 76 meetings for, liow notified, and wlien iield , 101-102 of free liigli school teachers 153 private, granted in certain cases 102 records of state to be kept 81 of union free high school teachers ■. 171 to be examined in what studies 71-73 EXECUTION— when to issue . 143 EXECUTIVE COMMITTEE — of town board of directors, powers of 180 of town board of directors to employ teachers 184 to appoint clerk in case of vacancy 191 EXPrSNDITURE— for postage, printing and stationery of county superintendent 97 of county superintendent for attending convention 104 of city superintendent for attending convention ; 95 of district board, how allowed 41 of members of town board of directors. . 181 EXPULSION — of pupils 49 FAILURE — of electors to vote suflicient money 47, 188 to maintain school 10, 296, 299 to perform duty 265-271 to raise tax, forfeits school fund income 297 FARM INSTITUTE— bulletins of, how to be distributed 141 PEE— may be remitted to residents over twenty 24, 49 for tuition of non-resident pupils 24, 153-155, 200, 280 FINES, FORFEITURES, ETC. — action for recovery of, prosecuted by director 266 disposition of 267 duty of voter to sue for 54, 267 for countersigning unlawful order 266 for destruction, injury or removal of state property . . 268 for distributing obscene books, etc 270-^71 for disturb'ng school . , 270 for drawing order for any purpose not authorized by law.. 266 for entering state grounds ' 269 for failure to send child to school 51 for injury to timber 2C9 for neglect of duty by district officers 265 for neglect of duty or violation of law . 265-272 for neglect of officer to deliver records, papers, etc., to his suc- cessor 269-270 IN1>EX. 367 FINES, FORFEITURES, ETC. — continued Page for neglect of teacher to keep register 90 for neglect to apply to high school officers 152, 171 for neglect to prosecute for forfeitures. 267 for official malfeasance ; . . . 269-270 for refusal of district officer to serve 266 for refusal of officers to act in case of assessment. 119 for refusal of town supervisors to carry into effect any decision of state superintendent . 266 for refusal to act as chairman of district meeting. 265-266 for refusal to notify first meeting in new district 265 for school officers and teachers acting as book agents. . 266 for school officers ordering change in text-books within three years of adoption 63 for truant officers 54, 269-270 in relation to library 135 of county superintendent for neglect to make annual report 265 of county superintendent for teaching, etc 104 of district clerk for neglect to make annual report 265 of officials for failure to provide for fire-escapes, etc 268 of town clerk for neglect to make annual report 265 prosecution for, by voters 54, 267 FIRE ESCAPES— 268 FLAGS— purchase of 47 TAXATION— of free high school districts 145-147 of joint districts 5-7-9 of school districts 1-2 of township districts 186 of union free high school districts ;..... 165-166 FORMS— of acceptance of district office 310 of affidavits in appeal cases 261-262 of approval to be endorsed on treasurer's bond 320 of application for establishment of schoolhouse site. . 327 of awarding property to new district 312 of application for dictionary 333-336 of application for state aid for rural schools 342 of application for alteration of joint school districts 310 (Chap. 218, Laws of 1905) of appointment to vacancy in district 315 of annulment of teacher's certificate and notice to town clerk 331 of bond to district treasurer 319 of call on treasurer for additional security 320 of certificate of town treasurer to town clerk 324 of certificate that notice of meeting to establish site has been given 328 of certificate of establishment of school house site 329 of certificate of vacancy in county superintendent's office 229 of certificate to state superintendent of establishment of free high schools 338 of contract between district and teacher 318-319 of deed of schoolhouse site 316-318 368 lNiI>B3t. FORMS — continued tage of determination of relative proportion of taxes in joint district. . . . 325 of lease of schoolliouse site 316-318 of notice for special meeting to borrow raoney from trust funds. . . . 314 of notice of appeal by teacher 263 of notice for first meeting given by town supervisors 207 of notice of first meeting to be left at residence of voter 308 of notice by supervisors for meeting when there is no officer to call one 309 of notice of meeting to alteT district boundaries 310 of notice for annual meeting 312 of notice for adjourned district meeting 313 of notice of special district meeting 313 of notice of election to school office 314 of notice of apportionment by town clerk 324 of notice for meeting of supervisors to locate schoolhouse site 328 of notice of division of county, and consequent vacancy 333 of notice of intention to annul teacher's certificate 331 of notice that the foregoing resolution will be submitted to vote. . 337 of notice that the foregoing question will be submitted 339 of petition for submitting question of town system of schools 339 of order organizing new district 307 of order organizing joint district 309 of order altering district boundaries 311 of order on treasurer for money 320 of resolution proposing the establishment of high school 337 of request for special district meeting 313 of refusal to accept district office 316 of refusal to accept office on appointment 315-316 of report of names and postoffice addresses of district clerks 325 of return of notice for first meeting 308 of statement by district clerk of tax voted 326 of statement by district clerks of tax voted by joint district 327 of school register to be kept by teacher 321-323 of statement of number of school children in the county 330 to be furnished officer 113 when town clerk appoints 316 FREE HIGH SCHOOL— attendance — non-residents 153-154 board to determine amount of tax 157 buildings, how provided 157 clerk to certify taxes levied 151 clerk to report to state superintendent on manual training 162 course of study ; qualification for admission 77-78, 153-154 diploma may be countersigned 77 district may borrow money 123, 158 district, officers of 150-151 examination for establishment of 145 examination of teachers of 161 failing to receive aid 159-160 free to all resident pupils 153 how established 145 inspector provided for 305 in towns, aid to 148, 159-160 _ , joint district provided for 146-147 limited state certificate, nor elementary normal school certificate shall qualify as prinicpal of 83 manual training in 161 may establish manual training department 161 INDEJt. S69 FREE HIGH SCHOOL— continued Page officers ; powers and duties, how elected in towns, in districts, in joint districts, in sub-districts ; board meetings, when and where held 150-152 principal elected city superintendent shall be examined by state superintendent 80 qualifications of principals and assistants 153 report blanks to be furnished by state superintendent 113 residents of other districts may attend : 153 state aid for manual training department 161-164 state aid to, limited 152-159 state aid to, may be withheld 159 supervision of, by state superintendent 160 theory and art to be taught 161 to report to state superintendent 159-160 tuition, how paid ; statement of how made, how collected, in villages, in towns ; how collected in town or city not in high school dis- trict 154-156 « FREE PUBLIC LECTURES^ in cities 284 FREE TEXTBOOKS— question of providing, shall be submitted 30 GENERAL CHARTER LAW— 251-259 GENERAL OUTLINE FOR CONDUCTING DISTRICT MEETINGS— . . 31-34 GOVERNMENT OF SCHOOLS — rules and regulations for, to be made by district board 49, 183 township system of, provided for 180-195 (See Township System.) (See Town Board of School Directors.) HIGH SCHOOL— (See Free High School.) (See Union Free High School.) HOLIDAYS— ' counted in teacher's time 109 legal, shall not be counted 90 no Saturdays to be counted 90 school taught on holidays not to be counted as two school days. ... 90 what days may be counted 90-109 INCOME OF SCHOOL FUND- to what shall be applied 295 how to be distributed 295 when to be apportioned 296 to be applied by districts to payment of teachers' wages 299 county treasurer to apply for 298 INDEBTEDNESS — loan may be voted to refund 122 of district, to be reported by district clerk 109 370 INDEX. INFANT — Page land of, how obtained for school-house site 133 INSPECTION— of cadets, report of officer 282 of cadets, suspension from 283 of county training schools 205 of common schools 302 of schools for the deaf 207-208 of state graded schools 173 of schools of agriculture 205 of free high schools 205 of manual training departments in free high schools 162 INSPECTORS— free high schools 305 rural schools state graded schools 175 schools for the deaf and the blind 207-208 INSTITUTES — attendance on, by teacher without deduction from wages 90 fund, county, what shall constitute 100 Instructors must hold certificates from state superintendent....... 100 instructors, who may not be employed 100 normal school institute fund 224 teachers', to be held by each county superintendent 100 INSURANCE — of school property 63 school boards to form fire and tornado companies 275-280 INVENTORY OF SCHOOL PROPERTY— shall be deposited with clerk . 40 INVESTMENT— of school funds 275 JOINT DISTRICT— assessments in 117 formation and alteration of 3, 7, 9 may establish free high schools 146 may make loan 125 sub, board of directors to determine cost of schools 186 sub, clerk of, to be member of board of directors 191 sub, in which one town has not adopted township system 192 sub, schools in, how supported 191 sub, taxes for, how raised 191 sub, who to have control of 191 proceedings by town board, in regard to schoolhouse site 133 JOURNAL OF EDUCATION— school officers may subscribe for 272 town clerk may subscribe for 272 INDEX. 371 JUDGMENT— Page against school districts, how collected 143 no execution to issue on . ■. 143 KINDERGARTEN— county certificate may be secured by county examination 86 diploma from normal school may be made basis for issuance of li- cense and state certificate 82 diploma from other schools may be made a basis for issuance of special license or state certificate 85 may be established in cities of third or fourth class 30 may be established in districts having graded schools 30 may be provided in primary grades 68, 256 . state certificate may be secured by state examination 86 teachers, legal qualifications of 82, 84-87 LABOR— child, law 56-61 day 274 LABOR LAWS— age of persons affected 57 age of. child — how determined in doubtful cases 58-59 children under 14 may be granted permits to work in certain places during vacation 58 children not prohibited from performing on musical instruments in churches or schools or taking part in concert, — festival or mu- sical exhibition 59 children carrying newspaper given special privileges 60 children physically disabled to work to be refused permits 61 children not prohibited from being employed at farming 58 children under 16 years of age not to have charge of any elevator. . 61 children under 16 not to be employed more than 55 hours in one week 60 children under 16 not to be employed more than 10 hours in one day 60 duty of commissioner of labor and factory inspectors to enforce law 60 duty of certain officers to grant permits in certain cases 57-58 duty of oflicers to refuse to grant permits in certain cases 57-59, 61 factory inspectors have full power as truant officers 60 factory inspectors can compel attendance at school 60 factory inspectors may grant permits 57-59 factory inspector may require reports from officers granting permit 58 factory inspector may revoke permit. 59 kinds of machinery about which children shall not be employed .... 57 kinds of labor at which children shall not be employed 57-59 penalty for violation of labor law — how recovered by officer 61 penalty for violation of labor law by parent or guardian 61 penalty for officers who failed to perform their duty 269-270 permit — by whom granted 57 permit — by whom signed 57 permit — recommendation for — to be signed by school principal or by board of education in certain cases 57 permit — power to grant can not be delegated 57 permit — not to be granted to children under 14 58 permit may be granted to children under 14 to work In certain places during vacation 58 permits — record of to be kept by officer 58 372 INDEX. ' LABOR LAWS — continued Page permits — special may be granted to cliildren under 14 in certain cases 59 provisions of labor law — how and by whom enforced 60 register to be kept by persons employing minors 59 revocation of permit 59 unlawful to employ any person under 16 in certain places or occupa- tions without permit 60 workshop, factory and manufacturing establishment defined 61 LEASE — district board may lease house or site 39, 183 of land of infant for schoolhouse site 133 form of lease 316 LIABILITY — for allowing child under 16 to use cigarettes or tobacco 272 for expenses incurred in use of schoolhouse 40 for injury to schoolhouse 40, 269 for loans 129 for payment of loan under township system 195 of county for public charge 274 of county superintendent, for failure to make annual report 265 of district clerk for failure to make annual report 265 tax to discharge 23 to removal from office for acting as agent 266 LIBRAKIAN— duties of 185, 141 of district library, who may be 135, 141 of joint libraries, how appointed 135 under township system 142 LIBRARY — (See Public School Library.) dictionary shall belong to 273 fund, how obtained 136 in incorporated villages and cities of the fourth class 136 law may be suspended in certain cases 139 of two or more districts may be united 135 regulations for. (See Township Library List for 1910.) tax for, limited 24 title to be vested in district 135 LIMIT— to amount of loan 121-124 to school-district taxes 22-24, 28-29, 187 LOANS— application for, from trust funds, how authorized 125-129 district may make, on unusual exigency 121 district may make, to build schoolhouse 121 for university fund 232 liability for 129 payment of, under township system. ...,,.,,.,,,,,.,..,..,.,..., 195 INDEX. 373 LOANS — continued Page tax levied to pay 129 to joint districts 129 to refund indebtedness 122 to scliool districts, limited, liow paid 124 to schools under township system 125-126 when voted, may not be reconsidered 122 MALFEASANCE— official, what is 269-270 MANUAL TRAINING — departments, state aid for 161, 163 in free high schools 161, 164 outline of work required 163 teachers in, to receive certificate from state superintendent 162 MAP — purchase of 23, 41 railroad, to be distributed by state superintendent 281 secretary of town board to make, and keep in his office 184 to accompany appeals 261 town clerk to make, and keep in his office 114 MEETINGS — annual, when to be held 11 formal notice of, board meeting when necessary 36 in certain cases to reduce number of members of school boards to three 31 notice of annual 12 notice of annual sub-district 191 of district board, how called 36 of sub-district, when and where held 181 of sub-district electors, notice of, how given 191 of town board of directors 181 powers of sub-district 189 report to annual 11 school district, electors, powers of. ... 18-31 school district, to adjourn 18 school district, to appoint chairman, etc 18 school district, to choose director, treasurer, etc 18 special 12 to admit non-residents and fix tuition fee 24 to authorize board to borrow money 24, 121, 130 to authorize board to suspend school 26 to authorize purchase of textbooks, etc 25 to authorize sale of schoolhouse, etc 23 to designate site for schoolhouse 21 to determine length of term, etc 25 to impose tax to discharge debt 23 to make provision for prosecution of suit 28 to modify proceedings 28 to vote compensation to district clerk, director and treasurer 28 to vote on free textbooks 30 to vote tax for site 22 to vote tax for teachers' wages , , 22 374 INiDBX. MEETINGS — continued ' Page to vote tax for maps, etc 23 to vote tax for district library ■. . 24 to vote for tuition and transportation of pupils 26-27 to vote to establisli kindergarten : . . . 30 MILITARY INSTRUCTION— 229, 282-28S MISCELLANEOUS LAWS— WITH PENALTIES— county superintendent's liability 265 county superintendent — may be removed 267 district clerk's liability 265 district director's liability 265 district treasurer's liability 266 district officers may be removed 267 failure to provide fire escapes ' 268 for drawing order unauthorized by law or by the electors 266 for injury to buildings, etc 268 for refusal to enforce decision 266 for recovery of forfeitures 266-267 officers not to deal in textbooks, etc 266 town clerk's liability 265 MONEYS — apportioned by town clerk, not paid out 299 borrowed, use of 122 collected of defaulting treasurer, tiow applied 64 collected on forfeitures, how applied 266 collection and application of division of property 9 district may authorize board to borrow 24, 121-126 due new district, how raised 9 may be voted by school districts 22; 28 not to be apportioned to towns failing to raise amount required by law 296 not to be apportioned to districts which have not maintained school for eight months 298 of dissolved districts, how disposed of 11 to county superintendent for examination fee abolished. 105 to be returned to individuals in certain cases 9 MONTH— school, what shall constitute 90, 299- MORTGAGE— on school property, may be given as security 121 NEGLECT— of duty 265, 267, 270 to keep school 10 NON-RESIDENT — admitted to county training school for teachers 200 may attend nearer school under certain condition 280 pupils admitted to high schools 153, 15Q tuition fee 24, 280 INDEX. 375 NORMAL SCHOOLS— accounts, how made 220 additional alteration of buildings, etc 219 board of regents, how composed 217 board of visitors 223 compensation of regents 219 diplomas and certificates 222 diplomas and certilicates may be basis for licenses and state cer- tificates 83 disqualification of ofQcers or teachers 218 donations, collection and application of 220 final standings from — may be accepted by county superintendent. . . 78 income 224 kindergarten diplomas basis for license to teach and may be a basis for a state certificate 82 laws respecting 217-224 may purchase dictionaries from state superintendent 272 model schools 221 objects of 221 state ta-K ; loans 223 teachers' institutes, how held ; appropriation for 223-224 NOTICE— for meeting of supervisors to alter school districts 5,7 for meeting of supervisors to establish school house site 131 for establishment of free high school 145 for establishment of union free high school 165-166 from truant officer to parent of child 55 In case of neglect of inhabitants to assemble 3 of alteration of joint school district 3 of alteration of school district 5-6-7 of annual meeting 12 of annual sub-district meeting. . . • 181, 191 of annual meeting of union free high school districts 169 of appeal to circuit court 132 of apportionment of school fund income 297 of election of union free high school officers 168 of election to adopt township system of schools 194 of election to offices 35 of first meeting of district 2-3 of meeting of assessors to equalize taxes 117 of proposition to build union free high school 165-166 of school board meeting 19, 36 of special meeting to include object of meeting 12, 181 of special meeting to borrow money 128-129 of special meeting of union free high school districts 169 to vote on township system 194 to owners of proposed school house site 131 OATHS— (See Affidavits.) administered to challenged voter 16 of office, state superintendent , 302 of district clerk ■a08 may be administered by county superintendent 79 OBSCENE BOOKS— penalty for distribution, etc 270-27]r 25— S. L. 376 INDEX. OFFICERS— (See Duties.) Page not to act as agents 266 not to draw up or countersign an unauthorized order. .■ 266 of common scliool district to be elected by ballot 18 of county training schools for teachers 189-196 of county schools of agriculture and domestic science 203 punishment of — (See "Fines and Forfeitures.") removal of 267 to attend convention . 102 to make certain reports ' 108-113 to sue for forfeitures 266 truant — duties of — (See Compulsory Attendance Law.) women may be 259, 274 ORDERS— f clerk to draw 67 director to countersign 64 drawn in favor of teachers 68 of town board — to be filed — when to go into effect 6 secretary of town board to draw 185 treasurer to pay money on 65, 185 ORGANIZATION^ of a school district 4 of county training schools for teachers 196, 199 of county schools of agriculture 202, 204 of day schools for deaf and blind children 206-208 of free high schools 145-146 of schools in cities of first class. 234-246 of schools in cities under general charter law 251-259 of state graded schools 172-176 of township system ISO, 194 of union free high schools 165-166 PAYMENT— of loans under township system 125, 126 of loans under district system 121, 123, 125 PARENTS, GUARDIANS, ETC.— required to send children to school (See Compulsory Attendance Law.) PENALTIES— (See "Fines and Forfeitures.") PHYSICAL EDUCATION 274 PHYSIOLOGY AND HYGIENE— provision shall hi made for instruction in 69 textbooks in, to be approved ". 69-70 POWERS— corporate, of a district 4 corporate, of a town under township system 180 of a district meeting 18-31 of a school board 36, 49, 62-63 INDEX. 377 POWERS— continued Page of a special meeting 12 of electors, transportation and tuition 26-27 of electors lS-31, 170, 186, 189, 194 of subdistrict meeting 189 PROCEEDINGS— by joint districts in regard to scliool house site . 133 irregularities in, in attempt to establisli townsliip system 195 of district meeting may be altered or modified 28 of supervisors, etc., in forming and altering scliool districts of supervisors, etc., in forming and altering scliool districts 1-11 PROPERTY— condemnation of — by inspectors 285 -286 condemnation of — by county superintendent 100 division of 8 for basis for loan from trust funds 124 of a district, to be in care of board 40 of dissolved district 10 of scliool district may be sold 23, 183 pei'sonal, taxable for school purposes 117 public — injury to — penalty for 268 PROSECUTION — of action in which district may be interested , 28, 64 of county treasurer for recovery of money 115 of town treasurer for recovery of money 67 by voter, of action for forfeiture 54, 267 STATE PUBLIC SCHOOL — admission of deformed children 281. PUBLIC SCHOOL LIBRARIES— adjoining districts may unite 135^ books to be distributed among school districts by town clerk 139' books to be purchased annually by county superintendent 137 committee to make contract 140 county and city superintendent to notify county clerk each month.. 138 county clerk to draw order on county treasurer. 138- county treasurer to pay company furnishing books 138- duplicate copies of list to be furnished to the book firm 138'' farm institute bulletins 141 librarian, who shall be 135, 142 money shall be withheld from school fund income in each town to purchase 136 operation of the law may be suspended 139 regulations concerning — (See Township Library List for 1910.) town clerk to compare lists of books ordered and furnished 138 town clerk to distribute library books 139 PUPILS— expulsion of 49 transportation of 26-27, 183 non-resident may attend school 24, 280 non-resident may attend free high school 153-156 non-resident may attend county training school 200 378 INDEX. QUALIFICATIONS— of kindergarten teachers 82, 84-87 of teachers generally 71-89 of free high school teachers 153 of union free high school teachers 153 of manual training teachers 82, 162 of county training school teachers 198 of county agricultural school teachers 205 of institute conductors 100, 105 of city superintendent 95 of county superintendent 92 of voters 13-18 RAILROAD MAPS— to be distributed to schools 281 REAL ESTATE— district may hold 4 taxes on, how assessed and collected 117-120 valuation of 117-120 RECORDS— lost, restoration of 5 of school, district, to be kept by clerk 67 of proceedings to be kept by secretary of town board of school di- rectors 184 of proceedings of sub-district 190 of attendance of pupils to be kept by teachers 54, 90 RE^EXAMINATION- of applicants refused certificates by county superintendents 74,76 TIEFUSAL— of assessor or other town officer to equalize tax 119 of certificate by county superintendent 76 of public officer to deliver moneys, records, etc., to successor...... 270 of school district office, in writing 35 of town board to carry into effect decision of state superintendent. . 266 of officers generally 269-270 of taxable inhabitant to perform certain duties 265 REGISTER— neglect to keep, forfeits wages 90 to be furnished teacher by district clerk or secretary , 67, 186 what to contain, etc 321-323 REGULATIONS AND RULES— district board to make 49 prescribed by state superintendent for libraries — (See Library List for 1910.) relating to appeals 260-264 relating to examinations — county 98-99, 101 relating to examinations — state 80-81 relating to state certificates 80-89 INDEX. 379 REMOVAL— Page of city superintendent 94 of county superintendent 267 of district officers for neglect of duty 267 REPAIRS OP SCHOOL HOUSES — county superintendent to direct lOO district board to attend to 40-41, 46, 183 state inspectors to direct 285 tax to be voted for 22, 183 REPORTS— blanks to be furnislied to state graded scliool officers 175 blanks for annual reports of school census, etc., to be furnislied by state superintendent 113 blanks to be furnislied by county superintendent 53 blanks to be furnished by truant officers or superintendent 54 blanks to be furnished by state superintendent to high school officers 161 of board of visitors of normal schools 223 of city superintendent or clerk to state superintendent 112 of county superintendent to state superintendent. 100 of county superintendent to county clerk 104 of county superintendent to county board 100 of county superintendent to truant officer 55 of district clerk to town, village or city clerk 108 of district clerk — what to show 108-109 of district clerk to town treasurer 67 of district treasurer to electors at annual meeting 65 of free high school clerk to state superintendent 152 of free high school in cities not under county superintendent 152 of free high school boards for state aid 159 of manual training departments 162 of union free high school JDoard to annual meeting 169 of union free high school board to state superintendent to be made as free high school reports, etc., are made 171 of state graded schools to state superintendent 174-175 of county training schools to state superintendent. 197 of board of joint county training schools to be made to county clerk 200 of board of joint county schools of agriculture and domestic science 204 of secretary of board of county schools of agriculture to state su- perintendent 203 of day schools for the deaf 206 of inspector of day schools for the deaf to state superintendent. . . . 207 of day schools for the blind 206 of board of mining trade school to report to county clerk 215 of town clerks to report to county supei-intendent 111-114 of town clerks — what to contain Ill of committee to examine accounts of school board 20 of committee to examine accounts of town board of school directors 182 of secretary of town board of school directors to board of supervisors 185 of secretary of town board of school directors — what to show. ..... 185 of secretary of town board of school directors to county superin- tendent 187 of clerk of sub-district — what to contain — when and to whom made. 190 of state superintendent to the governor 304 of town, village or city clerk showing kind and number of library books received 138 380 INDEX. RESIDENCE— , Page of children 108, 111-112, 186, 190 of county suporintendent 104 of voter, how determined 14-19 RESIDENTS^ who shall be deemed, for school purposes 108, 187, 274 (See Note, pp. 24-25.) for voting purposes 13-18 RULES — may be made by district board 49 respecting appeals 260-264 RESTORATION— of lost records 5 REVOCATION— of state certificates 84, 88, 107 of other certificates 79 RURAL SCHOOL INSPECTOR— duties of ■ 34i5 to be appointed 346 to hold conference with school officers 346 SALARY — of city superintendent 95 of county superintendent 96-97 of district clerk, director and treasurer provided for 28 of members of executive committee, township system 182 of secretary town board of school directors i. . . 182 of state superintendent 305 SALE— of school property 10, 23, 39, 188 SCHOOL— additional teachers for .- 26 attendance at, compulsory .* 50-52 county training for teachers 196, 201 definition of 103 for the blind r 208 for the deaf 206-207 neglect to keep 10 of agriculture and domestic economy 202-205 SCHOOL BOARD— (See District Board.) SCHOOL BOOKS— annual meeting must vote on free textbooks 30 boards in cities may purchase 62-63 city and village boards of education may adopt 62-63 district board may purchase, for indigent pupils 41 district board shall determine what shall be used 62 district board may authorize board to purchase 25 who not to deal in '266 INDEX. 381 SCHOOL CENSUS— Page when to be taken ^ , 108 when to be reported by district clerk 108 when to be reported by town, village or city clerk Ill when to be reported by county or city superintendent 112 whom to include 108, 111, 190 how taken and reported by district clerk in joint districts.' 110 how reported under township system 186-190 STATE CERTIFICATES — diploma from high schools may be countersigned by county superin- tendent 77 diploma from Milwaukee high school may be countersigned 84 diploma from normal school kindergarten may be basis for issuance of special license and state certificate 82, 85 diploma from regular courses of Wisconsin state normal schools, etc., may be made basis for issuance of special license or state cer- tificate 83, 222 diploma from regular courses of other state normal schools, etc., may be made basis for issuance of special license or an unlimited state certificate ; 81-82 diploma from regular courses of Wisconsin state university, etc., may be made basis for Issuance of special license or an unlimited , state certificate 82-83, 230 diploma from regular courses of other universities and colleges, etc., may be made basis for issuance of special license or an unlim- ited state certificate 83 diploma from manual training and domestic science deparments. . . . 82, 87 STATE GRADED SCHOOLS — application for aid, amount of 173-174 apportionment of aid to 174 average daily attendance required 172 classes of 172 course of study, reports 175 equipment required 173 inspectors for, how appointed, duties 175 length of school year 172 number of such schools limited, cities excluded. 175 qualification of teachers in 172 SCHOOL DISTRICT — accounts must be examined 20, 182 alteration of 2, 3, 5, 7 alteration of. In town and village 9 boundaries not to be changed under certain conditions 129 contract with : 4 corporate powers of 4, 180 extinguishment of 10 formation and alteration of, under township system 180 high school district joint 146 how formed 1, 2, 3, 5, 6, 7, 180 joint, how formed 3, 7, 9 judgment against, how collected 143 loan limited, how paid 124 may authorize district board to borrow money 24, 121-130 may have board of seven members 19 may receive state aid for graded schools 174 meetings, annual, when to be held 11 382 INDEX. SCHOOL DISTRICT— continued Page name 4 notice for annual meeting of 2, 3, 11 notice for first meeting of. ... 2, 3 notice for special meeting 12 not to be altered so as to leave indebtedness exceeding fire per eSntum valuation 1 not to be changed between first day of December and first day of April following 6 number must not be changed 6 officers of, to file written acceptance of office 4 officers of 85 powers of 18-31 property of, dissolved 10 qualification of voters in 13-17 size of 1 to consist of contiguous territory 1 under township system, what shall constitute 180 when to be considered organized 4 SCHOOL FUNDS— investment of 275 (See School Fund.) (See School Fund Income.) SCHOOL FUND INCOME— apportionment of, by state superintendent 296, 300, 304 how distributed 296, 300, 304 may be withheld i 296 to be used in payment of teachers' wages 68, 299 SCHOOL FUND— distribution of income of 295 296, 298 tax for 295 what constitutes 294 SCHOOL HOUSE— board shall have care of 40 compensation to be made for site of '. 132 district board to provide appendages for 40-41 kept in repair 40 may be declared unfit for use 100, 285-286 may be sold 11, 23, 39, 183 purchase of 3& repairs on, may be ordered by state inspector 285 site of, how designated and established 21, 131 site of, quantity of land 133 tax to build, how limited 22 town board of directors shall have care of 181 use of for public meetings 40 SCHOOL MONTH— what shall constitute 90, 29& SCHOOL REGISTER— teacher shall keep 90 to be furnished by clerk or secretary and kept by teacher 67, 186 what to contain, etc 90, 186, 321-322 INDEX. 383 SECRETARY — " Page and superintendent in cities 94-95, 239-240, 256 SECRETARY OF TOWN BOARD OF SCHOOL DIRECTORS— to assist in regard to libraries 142 to be free higb school clerlj 151 to certify to town clerk estimate of expenses 186 to certify record of changes in sub-districts to clerlj 184 to draw orders on town treasurers 185, 191 to f umisli school registers 186 to have supervision of schools 185 to make itemized estimate of amount necessary for support of schools 186 to make map of town and sub-districts 184 to report to board of town supervisors 187 to report to county superintendent 186 SECTARIAN INSTRUCTION— textbooks, inculcating, not to be used 63 prohibited 295, 302 SITE OF SCHOOL HOUSE— buildings, etc., provided for by electors — township system 183 designated by electors 21 compensation to be made for. . . ." 182 how established 21, 181, 132 infant's land, how obtained 133 purchase or lease of by district board 39 quantity of land when condemned 183 tax for 22 to revert to original owner — when 183 SPECIAL DISTRICT MEETING — notice for 12 powers of 12 SPECIAL LICENSES— (See State Certificates.) may be granted on diplomas from accredited institutions 81-88 may be granted on diplomas from university of Wisconsin and Wis- consin normal schools . 81-85 STANDARD— . of attainments of teachers 75 STATE BOARD OP HEALTH — to join with state superintendents in approval of textbooks in phys- iology and hygiene 69 STATE SUPERINTENDENT — and assistants, shall not act as agents, etc ' 266 assistants, clerks, etc 305-306 authorized to grant state certificates based on diplomas from state university and normal schools 81-83 authorized t6 grant kindergarten certificates 82-85 duties of 302-305 how chosen, powers and compensation 394 _384 INDEX. STATE SUPERINTENDENT— continued Page may examine principals of higli schools, who shall be elected city superintendent 80 may grant certificates to day schools for the deaf .... may grant certificates to teachers of county schools of agriculture. . 205 may grant special licenses for limited period 88 may grant special certificate 88 may grant special licenses on recommendation of state board 87-88 may issue certificates on re-examination 76 may purchase dictionaries 272 may require statement of whole number of children residing in any district 108 may revoke state certificate 84, 88, 107 not to apportion money in certain cases 297 oflice provided for 306 term and oath 294-302 to advise with county superintendents as to standard of attainments - for county 75 to appoint agents to conduct institutes 305 to appoint board of examiners 80 to appoint county superintendent in certain cases 95 to appoint inspector of schools for deaf . . . .... to apportion aid to free high schools. 148, 159, 171 to apportion the school fund income 296-297, 300, 304 to approve courses of study for commercial schools in certain cases. 275 to approve maps, charts and school apparatus 40-41 to approve qualification of teachers of deaf and blind children 206, 208 to approve textbooks in physiology and hygiene > 69 to approve the qualifications of principals and assistants of high schools 153 to approve plans for school buildings 284 to certify aid to training schools for teachers 198 to certify aid to schools of agriculture and domestic economy 203 to certify aid to schools for the deaf and blind 206 to certify apportionment of school fund income to secretary of state 300 to certify manual training departments to secretary of state 161 to certify to expenses of board of examiners 81 to collect books and school apparatus 304 to decide appeals 304 to designate counties in which teachers' institutes shall be held. .. . 223 to distribute railroad maps 281 to establish standard of qualifications for and grant certificates to teachers in manual training departments 162 to furnish amendments to laws 113 to furnish blanks for reports of free high schools 160-161 to furnish county superintendent certificate of attendance on con- vention ; 103 to furnish library record books 141 to furnish oflicers with blanks for annual reports 113, 303 to give information and assistance to manual training departments. 162 to give notice of apportionment to county clerk and treasurer 297 to grant certificates to commercial schools in certain cases 275 to hold one convention of county superintendents each year. ...... 305 to hold one convention of city superintendents in each year 95 to inspect schools 302 to issue certificates to graduates of University of AVisconsin and Wis- consin normal schools 81-83 to issue circulars and bulletins of information , 302 to issue county superintendents' certificates 106 to make record of state certificates 80 to make rules for the government of institutes 305 INDEX. 385 : STATE SUrERINTENDENT— continued Page to notify school officers of neglect to make report 298 to pa^ to state treasurer money received from sale of dictionaries 273 to prepare and furnish list of books 136, 302 to prepare and furnish courses of study 303 to prepare a report to the governor 304 to prepare a course of study for free high schools 160 to prescribe rules for libraries 303 to prescribe rules for state examinations SO to print, index and distribute laws relating to schools 113, 303 to prohibit use of sectarian books 302 to render account of dictionaries sold in report to governor 274 to suspend library law... ." 139 with state examiners may determine additional branches for un- limited state certificates 80 STATIONERY— purchase of, bj^ board 41 to be provided by county board of supervisors for county superintendi- ents 96 STUDIES— in which applicants for certificates are to be examined 71-73, 81 in which principals of free high schools are examined 153 music and manual training for schools for the blind 208 physiology and hygiene 69 theory and art of teaching in free high schools 77, 161 what shall be taught in district schools 68 SUB-DISTRICT— (See Townsliip System.) SUB-DISTRICT CLERK— appointment of ' 191 election of 189 ■duties of 190 to act as secretary of meetings 191 to be a member of town board of school directors 190 to certify sum necessary for payment of indebtedness 195 to give notice of annual meeting , 191 to have charge of schoolhouse 190 to report to secretary of town board of school directors 190 SUIT — against district, director to defend 64 district to give direction for prosecution or defense of 28 SUMMER SCHOOL— of science 233 SUPERINTENDENT — of cities 94-95, 257 (For powers and duties generally, See County Superintendent.) SUPERVISORS— . ^ (See Town Board of Supervisors and County Board of Super- visors.) 386 INDEX. TAXES— annual school 295 apportionment of, under township system for buildings, etc 193 assessment of district 117-120 collection of, in joint districts where one town is not under town- ship system 188, 192 deficiency in 47, 188 district clerk to deliver statement of, to town clerk 119 for expense of transportation of pupils . 26-27 for maintaining free high schools 157 for furnishing free textbooks 25-30 for maintaining union free high schools 171 for instruction of pupils in another district 26-28 for library, limited . • 24 for normal schools 223 for payment of teachers' wages 22 for purchase of apparatus 23 for purchasing town free high school sites and buildings 157 for schoolhouse and site, limitation of 22 for university 232 limitation on 22-24, 29 not to be voted at special meeting unless three fourths of legal vot- ers are notified of the meeting 12 school district, on what property to be assessed 117 school fund, apportionment 296-201 special, in cities of third and fourth classes 124 (See Borrowing Money.) to be authorized by town clerk 187 to be assessed by town clerk , 120 to be raised by towns and cities for support of schools 296 to discharge debts (See Borrowing Money.) 23, 129 to pay judgment against district, how assessed and collected 143 to raise money due new districts, how assessed 99 town treasurer to collect and pay to district treasurers 115 validity of, under irregular proceedings 195 TEACHERS— (See Qualifications.) additional, in certain cases ' 26 certificates may be annulled 79, 82, 84 contract to "bs in writing 47, 184 examination fee abolished , 105 tax for wages of, limited 22 to be examined and licensed 71, 81-87 to forfeit wages for neglect to keep register . . . . ; 90 to keep register 90 to maintain order in school 44 to report to district and county superintendent 90 to report attendance, etc., to county superintendent, penalty for neglect to make report 53, 54, 90 to teach elements of agriculture 68 wages to be paid from school fund income 68 TEACHERS' INSTITUTES— appropriation for 224 conductors — who may be 100-101 county Institute fund 100 how held and conducted 223 teachers may be allowed to attend 90 to be held by county superintendent 100 INDEX. 387 TERMS— Pag'e of school, may be fixed by vote of district 25 TEXT-BOOKS — adoption of, iii cities 62 board to select 62 choice and change of 62-63 county uniformity of — how secured 287-292 free text books — to be voted upon 30 in cities of the first class — not to be changed for 5 years 239 in cities under general charter — not to be changed for 5 years. . . . 256 in physiology and hygiene, approved by state superintendent and board of health 69 list of, adopted, not to be changed for three years 62-63 may be furnished free to children 30, 63 penalty for changing adopted books 63 purchased by board in cities, on what conditions 63 purchase of, authorized 25 shall not inculcate sectarian ideas 63, 302 to be loaned pupils 25 to make li^t of, file with the clerk, and post in the schoolhouse. ... 62 TOWN BOARD OF SCHOOL DIRECTORS— (Township System) apportion tax for buildings 193 compensation of secretary 181 executive committee, how constituted 184 may arrange for transportation of pupils 183 may provide school sites, buildings, etc 183 may repair school property 183 may sell schoolhouse and site when no longer needed 183 meetings, when and where held, notice of 181 ofllcers of 180-181 powers of 180, 184 secretary's duties 184 secretary or president of, to call special meetings 181 shall have care of schoolhouse '. 181 to determine amount of money necessary for support of schools. . . 183 to establish, maintain and supervise schools 183 to have powers of district boards 3 84 to levy tax when electors fail 188 to make rules and regulations for schools 183 who shall constitute 180 TOWN BOARD OF SUPERVISORS— to allow certain amount to district for each public charge 274 to call meeting of districts having no officers 8 to certify, in certain cases, a larger tax than is named in the law 22 to change school district boundaries. . . .• 2 to condemn land for school site and fix compensation. 132 to consolidate districts 1 to determine proportion and amount of property due new districts 8 to dissolve school districts and dispose of property ~ 8 to establish a school house site 131 to forfeit sum for neglect or refusal to carry into effect decision of state superintendent 266 to form joint districts 3-7 to form school districts 1 to give notice to taxable inhabitant to call first district meeting. . S to give notice to district oflicers of formation of district or altera- tion of boundaries 5 388 INDEX. TOWN BOARD OF SUPERVISORS— continued Page- to give notice to owners of schoollionse site 131 to make an order when a district is formed or changed 2 to meet with village board or common council 9 to number school districts 6-7 to present estimates to electors at town meeting when schools are under township system 186 TOWN CLERK — certificate of appeal in condemnation proceedings to be filed with.. 144 liable to removal for refusal to carry into effect decision of state superintendent 266- liability for neglect to make annual report 265 may subscribe for Journal of Education 275 to apportion free high school tax , 157 to apportion school moneys 298-29& to apportion sums voted 187 to assess amount of judgment against district 144 to assess taxes 120- to compare library books received with list and report to county superintendent 138 to deliver to district clerk statement of valuation of property in joint districts 114 to distribute library books to school districts 139 to file reports and papers 114 to fill vacancy in district board 37 to include in taxes sum certified by clerk or secretary of school board 1 47, 189 to make a map of town 114 to make records concerning school districts 114 to post notice of vote on township system 194 to re-apportion money not called for in a year 299- to report name and address of himself and district clerks to county superintendent 114 to report to county superintendent 111-114 TOWN CLERK — to see that district clerks make correct reports 114 to call meeting of district clerks . 109 TOWNSHIP LIBRARY— (See Public School Libraries.) TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT— board to make rules and regulations 183 board to provide school buildings, etc 183 cannot be abolished for two years 194-195 cities and villages exempt from operation of this law 194 compensation of president and vice-president 182 compensation of secretary of board 181 committees to examine accounts of board of directors 182 duties of executive committee 184 electors of incorporated villages may vote on 193-194 free high school board, who shall constitute 151 irregularities in proceedings in regard to taxes ' 195 limitation of taxes ; 187-188 loans to schools undev 125 may be voted on 194 meetings of town board of directors 181 INDEX. 389- TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT— continued Page members of board of directors to be reimbursed expenses In attend- ing meetings . ISl members of executive committee 1S2: order to aboiisli township system 195 of school government 180-195 special meetings of town board of school directors — how called.... 181 sub-districts, how formed. ISO who shall be librarian under 142 TOWN TREASURER— prosecution of, by district treasurer 67 to apportion moneys received through liability to school oflacers. . 265 to be high school treasurer under township system 152 to certify amount paid by him to districts previous year 115 to certify to town clerk amount of school money in his hands 115 to pay money on order of president or secretary of town board. . . . 189 to prosecute county treasurer 115 to receive and pay out school money 115, 187 TRANSFER— of deficiency in county school tax 296-297 TRANSPORTATION — electors to vote tax to cover expense of 26, 183 of pupils 26-27, 183 special aid for '. 345-346 TRUANT — (See Compulsory Attendance Law.) oflBcers, compensation for 56 TRUST FUNDS — (See Borrowing Money.) TUITION— electors to vote tax for - 26, 183 fee for non-resident pupils 24, 26-27, 280 fee for non-residents attending training schools 200 in district schools 295 in free high school, how paid in certain cases 153-156 in normal schools 222 in university 230 UNION FREE HIGH SCHOOLS— EST.IBLISHMENT OF— annual meeting of electors 168 electors, powers of, who may be 13-14, 170 effect of organization of union free high school district upon exist- > ing ordinary high school district if there be one 167 incorporation of a village or city does not affect organization 171 notice of union meeting 169 officers of union district, how elected 167 result of vote, how certified 167 special meeting how called 16& taxes levied by board when electors fail to provide 171 taxes — how collected 171 union high school district board meetings 169 union free high schools to be conducted under the rules and regula- lations governing the management and conduct of other free high schools 171 390 INDEX. UNION FREE HIGH SCHOOLS— ESTABLISHMENT OP— continued Page vote upon organization 167 vacancies in board — liow filled 171 when territory is in one town 165 when territory is in two or more towns 166 when territory includes an incorporated village and outside territory 166 UNIVERSITY — accounts to be examined 229 board of regents ; how composed 225 diploma may be countersigned. (See State Certificates) .'.... 82-83 funds for support of 230-232 graduates entitled to certificates 82-83 income, use of 227 laws in relation to . 225-233 may purchase dictionaries from state superintendent 273 military instruction 229 object and departments . 228 establishment of 225 open to both sexes 229 other colleges may be added 227 powers of board ; oflicers 225 president of 228 regents' expenses 233 reports and printing . ; 227 summer school of science 233 tax for, and appropriation of part ; loans 232 the observatory 233 tuition 230 two branch agricultural experiment stations to be equipped 233 yACANCY — in county training school board — how filled 196 in county agriculture school board 203 in oflice of town board of directors 182, 191 on school board 37 what may cause (See Note.) 37, 39 VALUATION— of district property, how determined 8 of district property when change is made to township system 191,193 of property in joint districts, to be equalized by town assessors. . . . 117 of realty 117 VIOLATION— of law by public officer 269-270 (See Penalties) 265-272 VISITING SCHOOLS— by deaf school inspector 207 by high school inspector 305 by inspector of day schools for the blind 207 by state graded school inspectors 173, 175 required of school officers 63, 99, 161-162, 185, 303 INDEX. 391 VOTERS— - Page may prosecute action for recovery of forfeiture 55, 267 may vote on township system ;' 194 separate ballot Doses for 16 to reside in district tliirty days 13, 14, 16 who may be 13-18 WAGES OP TEACHERS— state school fund to be applied in payment of 67, 299 tax voted to pay 22 to be specified in contract 47 when forfeited 90 WEBSTER'S DICTIONARY— forms of application for 333-336 how distributed 272 state superintendent may purchase 272 WOMEN — eligible as school officers 259, 274 may vote 13-14 26— S. 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